reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 1 - GENERAL PROVISIONS › Section 252:515-25-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
All disposal facilities.
All
				  new and active solid waste disposal facilities are subject to the requirements
				  of Parts 1 and 3 of this Subchapter.
(b)
New and active land disposal
				  facilities.
All new and active land disposal facilities are subject to
				  the requirements of Parts 1, 3, and 5 of this Subchapter.
(c)
Non-land disposal
				  facilities.
A solid waste disposal facility that is not a land disposal
				  facility, may be subject to the requirements of Part 5 of this Subchapter if
				  the DEQ determines post-closure monitoring is required.
(d)
Closed facilities.
A closed
				  solid waste disposal facility that has not been released from its post-closure
				  monitoring requirements by the DEQ as of the effective date of this Chapter
				  shall:
(1) be subject to the requirements of
				  OAC
				  252:515-25-2(c)
				  (relating to plan amendments), 25-4 (relating to corrective action), and 25-52
				  (relating to extension of the post-closure period); and
(2) continue post-closure monitoring in
				  accordance with the permit and the DEQ regulations to which such facility was
				  subject at the time of closure.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 1 - GENERAL PROVISIONS › Section 252:515-25-2 - Plans required

Current through Vol. 41, No. 20, July 1, 2024
(a)
Closure
				  plan required.
A closure plan shall be submitted to the DEQ for approval
				  describing how compliance with the requirements of Part 3 of this Subchapter
				  will be achieved.
(b)
Post-closure plan required.
Except as provided in OAC
				  252:515-25-1(c) and
				  (d), a post-closure plan shall be submitted
				  to the DEQ for approval describing how compliance with the requirements of Part
				  5 of this Subchapter will be achieved.
(c)
Plan amendments.
An amended
				  closure or post-closure plan shall be submitted to the DEQ for approval:
(1) when a cost estimate adjustment is
				  required; or
(2) with each
				  application for a modification of the permit when such modification will affect
				  closure or post-closure duties or requirements.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 1 - GENERAL PROVISIONS › Section 252:515-25-3 - Records retention

Current through Vol. 41, No. 20, July 1, 2024
(a)
Final
				  closure.
Copies of all closure documentation shall be maintained on file
				  at the site or at the owner/operator's place of business until the DEQ approves
				  the completion of final closure.
(b)
Post-closure.
If
				  post-closure monitoring is required, final closure documentation shall be
				  maintained through the post-closure monitoring period.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 1 - GENERAL PROVISIONS › Section 252:515-25-4 - Corrective action

Current through Vol. 41, No. 20, July 1, 2024
If at any time during closure activities or post-closure
					 monitoring, inspection of the facility and/or review of monitoring data
					 indicates an actual release of contaminants into the environment, the DEQ may
					 require corrective action to eliminate or mitigate such a
					 release.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 3 - CLOSURE › Section 252:515-25-31 - Performance standard

Current through Vol. 41, No. 20, July 1, 2024
The facility shall be closed in accordance with the
					 approved closure plan and in a manner that minimizes the need for further
					 maintenance and controls and minimizes post-closure escape of waste and waste
					 constituents into the environment.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 3 - CLOSURE › Section 252:515-25-32 - Contents of closure plan

Current through Vol. 41, No. 20, July 1, 2024
(a)
All disposal facilities.
The closure plan for all disposal
				  facilities shall include the following as a minimum:
(1) identification of site-specific closure
				  activities, a description of how each is expected to be performed, and a
				  schedule for completing all activities;
(2) calculation of closure cost estimates in
				  accordance with Subchapter 27 of this Chapter;
(3) an estimate of the maximum inventory of
				  waste ever on-site over the active life of the facility;
(4) detailed plans for:
(A) identifying and removing from the site,
				  all equipment, temporary buildings and other improvements not designated as
				  permanent in the permit application;
(B) reworking or replacing defective
				  groundwater monitor wells, gas wells, and other defective monitoring equipment,
				  if any;
(C) monitoring ground and
				  surface water, if required;
(D)
				  collecting and analyzing soil and water samples;
(E) disposing of final wastes and affected
				  soils;
(F) decontamination of
				  facility structures, if necessary;
(G) maintaining site security and access
				  control, if post-closure monitoring is required;
(H) redesigning final closure in accordance
				  with existing site conditions and applicable rules;
(I) preparing final closure certification and
				  other required documents and notices; and
(J) performing any other tasks necessary to
				  achieve final closure of the site.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 3 - CLOSURE › Section 252:515-25-33 - Timelines

Current through Vol. 41, No. 20, July 1, 2024
(a)
DEQ notification.
The DEQ
				  shall be notified in writing prior to beginning final closure of the facility
				  or closure of a disposal cell at a land disposal facility.
(b)
Beginning activities.
Closure activities shall begin no later than 90 days after final receipt of
				  wastes at the facility or final receipt of wastes into a disposal cell, as
				  applicable.
(c)
Completing
				  activities.
(1)
180 days.
Closure activities shall be completed according to the approved closure plan
				  within 180 days after closure activities are initiated.
(2)
Extensions allowed.
Extensions of the closure period may be granted by the DEQ if the
				  owner/operator demonstrates that closure will, of necessity, take longer than
				  180 days and that all steps have been taken, and will continue to be taken, to
				  prevent threats to human health or the environment from the unclosed cell or
				  facility.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 3 - CLOSURE › Section 252:515-25-34 - Certification of final closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certification requirements.
A Certification of Final Closure shall
				  be submitted to the DEQ after completion of final closure. The Certification
				  shall:
(1) be signed by the
				  owner/operator;
(2) state that the
				  facility was closed according to the approved closure plan, the permit, and
				  applicable rules;
(3) contain a
				  closure report with related drawings, plans or specifications describing how
				  closure was performed; and
(4)
				  indicate whether inspection of gas, groundwater, or surface water monitoring
				  has shown the presence of elevated levels of any constituent or if any evidence
				  of contamination related to site operations has been found and, if so, what
				  corrective measures were taken.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 3 - CLOSURE › Section 252:515-25-35 - Final closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
DEQ
				  approval required.
The DEQ must approve the final closure of a facility
				  before the post-closure period can begin.
(b)
Extension of closure period.
The DEQ may extend the closure period and require the posting of additional
				  financial assurance if:
(1) any testing shows
				  the confirmed presence of elevated levels of any constituent;
(2) any evidence of contamination related to
				  site operations has been found; or
(3) final closure of the site is found to be
				  inadequate.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 3 - CLOSURE › Section 252:515-25-36 - County land records notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice required.
Upon DEQ approval of final closure, a notice
				  shall be recorded in the land records of the property in the county in which
				  the facility is located, that will give notice in perpetuity that the site was
				  used for the processing or disposal of solid waste and has been
				  closed.
(b)
Identification of
				  wastes.
The notice shall specify the type, location and quantity of
				  wastes processed or disposed.
(c)
Post-closure monitoring.
For land disposal facilities, the notice
				  shall:
(1) identify the required post-closure
				  monitoring period and state that the facility will be monitored for at least
				  this period of time;
(2) state that
				  a survey plat and record of the disposal area's locations and elevations has
				  been filed with the DEQ and with an identified city or county; and
(3) state that future uses may be restricted
				  in accordance with OAC
				  252:515-25-57.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-51 - Post-closure period

Current through Vol. 41, No. 20, July 1, 2024
(a)
8-year
				  post-closure monitoring.
The following facilities shall conduct
				  post-closure monitoring in accordance with this Part for a minimum of eight (8)
				  years after DEQ approval of final closure:
(1) new or currently active C&D
				  landfills; and
(2) new or currently
				  active generator owned and operated NHIW landfills.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-52 - Extension of post-closure period

Current through Vol. 41, No. 20, July 1, 2024
(a)
Extension.
The DEQ may extend the post-closure monitoring and care
				  period if:
(1) sampling shows the presence of
				  elevated levels of any constituent;
(2) evidence of contamination resulting from
				  site operations is found to exist;
(3) prior maintenance or monitoring of the
				  site is found to be inadequate;
(4)
				  the site is producing leachate that must be treated prior to discharge;
				  or
(5) if other conditions are
				  present that indicate a need for additional post-closure monitoring and
				  care.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-53 - Contents of post-closure plan

Current through Vol. 41, No. 20, July 1, 2024
The post-closure plan shall include, as a minimum:
(1) identification of site-specific
				  post-closure activities with a detailed narrative description of how each is
				  expected to be performed and a schedule for completing all
				  activities;
(2) calculation of
				  post-closure cost estimates in accordance with Subchapter 27 of this
				  Chapter;
(3) a schedule for a
				  minimum of quarterly inspections of the facility;
(4) procedures for:
(A) repairing and maintaining all surface
				  drainage structures and on-site permanent improvements and equipment;
				  and
(B) reworking or replacing any
				  defective groundwater monitor wells and other defective monitoring equipment
				  and installing new wells and equipment as required;
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-54 - Post-closure operational requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
All disposal facilities.
All disposal facilities in post-closure
				  monitoring shall perform the following.
(1)
Security and access control.
Fences and locked gates shall be
				  maintained and signs shall be posted on the outer perimeter to provide notice
				  that the site is a closed solid waste disposal facility.
(2)
Annual post-closure report.
No later than April 9th of each year after the DEQ's
				  approval of the certification of final closure, a post-closure maintenance and
				  monitoring report shall be submitted to the DEQ until the post-closure period
				  ends. This report shall document the maintenance performed and summarize all
				  monitoring data for the previous year.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-55 - Post-closure use of property

Current through Vol. 41, No. 20, July 1, 2024
(a)
Maintain integrity.
Use of the property during the post-closure
				  period must not disturb the integrity of the final cover, the liner, or any
				  other components of the containment system, or the function of the monitoring
				  systems.
(b)
DEQ
				  approval.
The owner/operator shall not allow any other use of the
				  property during the post-closure period unless it is approved by DEQ.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-56 - Certification of post-closure performance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certification required.
At
				  the conclusion of the post-closure period, a Certification of Post-closure
				  Performance shall be submitted to the DEQ. The Certification shall:
(1) state the facility was maintained and
				  monitored in accordance with the approved post-closure plan, the permit, and
				  applicable rules;
(2) indicate
				  whether monitoring throughout the post-closure period has shown the presence of
				  elevated levels of any constituent or if any evidence of contamination related
				  to site operations has been found and, if so, what corrective measures were
				  taken; and
(3) be maintained in the
				  operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 25 - Closure and Post-Closure Care › Part 5 - POST-CLOSURE › Section 252:515-25-57 - Land use restrictions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ascertain wastes.
Any person contemplating using a closed land
				  disposal facility shall ascertain the types of wastes deposited, depth of waste
				  cells, and the operating history of the site and shall avoid any activity that
				  may pose increased threat to human health or the environment.
(b)
Considerations.
The
				  following items are to be considered:
(1)
				  Enclosed structures have a potential for explosive concentrations of methane
				  gas.
(2) Irrigation, plowing or
				  other activities that disturb materials below the topsoil could result in
				  percolation of moisture into the buried waste, causing increased settlement of
				  waste and increased generation of explosive gas.
(3) Concentrated loadings can cause uneven
				  settlement.
(4) Pilings or
				  foundation should not disturb or penetrate the final cover and/or bottom
				  liner.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) All solid waste disposal facilities are
				  subject to the requirements of this Subchapter except:
(1) the following facilities, only if they
				  principally manage municipal solid waste: transfer stations, processing
				  facilities, and non-commercial composting facilities;
(2) yard waste composting
				  facilities;
(3) land disposal
				  facilities in post-closure as of the effective date of this Chapter that were
				  not required to have financial assurance at the time of closure; and
(4) units of State or Federal governments
				  whose debts and liabilities are the debts and liabilities of a State or the
				  United States.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-2 - Effective date

Current through Vol. 41, No. 20, July 1, 2024
(a)
Closure
				  and post-closure care.
DEQ approved financial assurance for closure and
				  post-closure care must be established prior to the initial receipt of waste or
				  April 9, 1997, whichever is later.
(b)
Corrective action.
DEQ
				  approved financial assurance for corrective action must be established no later
				  than 120 days after the corrective action remedy has been selected in
				  accordance with Part 13 of OAC 252:515-9, or an alternative corrective action
				  plan has been approved.
(c)
Permit modifications.
DEQ approved financial assurance must be
				  established and appropriately funded before the DEQ will issue a permit
				  modification that results in an increase in closure or post-closure cost
				  estimates.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-3 - Duty to maintain financial assurance

Current through Vol. 41, No. 20, July 1, 2024
Financial assurance for closure, post-closure, and/or
					 corrective action, as applicable, must be maintained continuously until
					 released from the requirement to maintain such assurance by:
(1) demonstrating compliance with the closure
				  and/or post-closure requirements of Subchapter 25 of this Chapter; or
(2) demonstrating compliance with the
				  corrective action requirements of Part 15 of OAC 252:515-9, or an approved
				  corrective action plan.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-4 - Updating

Current through Vol. 41, No. 20, July 1, 2024
(a)
Unit costs.
Provided they
				  remain in effect, the unit costs and worksheets in Appendices H and I shall be
				  updated no later than April 9, 2005, and at least every five years thereafter.
(b) [RESERVED]
Added at 20 Ok Reg
					 1151, eff 6-1-03; Amended at 23 Ok Reg 1746, eff
					 6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-5 - Permit transfers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Transfer
				  of permit.
When the permit is transferred from one owner/operator
				  ("transferor") to another owner/operator ("transferee"), the transferee shall
				  either provide new financial assurance or assume the existing assurance, if
				  adequate in amount.
(b)
Release of transferor's financial assurance.
The DEQ will not
				  release the transferor's financial assurance until the transferee has obtained
				  approved financial assurance.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-6 - Effect of non-renewal of, or failure to maintain or provide, financial assurance

Current through Vol. 41, No. 20, July 1, 2024
The DEQ shall begin proceedings to summarily suspend or
					 revoke the permit for failure to:
(1)
				  establish financial assurance in accordance with this Subchapter;
(2) renew or maintain an approved financial
				  assurance mechanism as required; or
(3) provide acceptable substitute financial
				  assurance when necessary.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-7 - Substitute financial assurance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Substitutions allowed.
Substitute financial assurance may be
				  provided as specified in this Subchapter.
(b)
Release of previous
				  instrument.
The DEQ will not release any current assurances until an
				  approved substitute is in place.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 1 - GENERAL PROVISIONS › Section 252:515-27-8 - Economic life of disposal facility

Current through Vol. 41, No. 20, July 1, 2024
(a)
New land disposal sites.
The economic life of a new land disposal
				  facility shall be based on the area to be initially permitted for waste
				  disposal, not on the total permitted area.
(1)
Economic life.
For the
				  purposes of determining the pay-in period for a trust fund or escrow account
				  used as a financial assurance mechanism, or another approved mechanism that
				  allows pay-in over a specified period of time, the economic life for a new land
				  disposal facility shall be the lesser of fifteen (15) years from the initial
				  receipt of waste or the life as calculated in accordance with (2) of this
				  Subsection.
(2)
Calculation.
The life shall be calculated according to the
				  following formula: L = {[V -(Px V)] x D} ÷ W, where
(A) "L" equals the life of the disposal
				  facility, in years;
(B) "V" equals
				  the total volume of airspace in cubic yards available for waste disposal and
				  daily cover. V shall be calculated from the top of the protective layer to
				  final contours minus the amount of air space taken up by final cover;
(C) "P" is the anticipated
				  percentage of V that will be taken up by daily cover. Until an alternative
				  value based on a history of operational practice can be documented, including
				  the use of alternative covers, P must not be less than 20% (0.20);
(D) "D" is the anticipated density of waste
				  compacted in place in pounds per cubic yard. Until an alternative value based
				  on a history of operational practice can be documented, D must not be more than
				  1000 pounds per cubic yard (1000 lbs/cy); and
(E) "W" is the amount of waste expected to be
				  received during one year of operation in pounds per year. Until the
				  owner/operator can document actual waste received based on a history of
				  operational practice, W must be calculated at 4.4 pounds per capita per day
				  multiplied by 365 days per year multiplied by the population served.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 3 - COST ESTIMATES › Section 252:515-27-31 - Cost estimates for closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Closure cost estimate.
Closure cost estimates shall be submitted
				  to the DEQ for approval. The estimate shall be a detailed written estimate, in
				  current dollars, of the cost of hiring a third party to close the disposal
				  facility in accordance with the permit, the approved closure plan, and the
				  rules of this Chapter at any time during its active life.
(b)
Amount.
The cost estimate
				  shall be set by the DEQ and be equal to the cost of closing the facility when
				  the extent and manner of its operation would make closure the most expensive,
				  as indicated by its closure plan.
(1)
Land disposal facilities.
The closure cost for a land disposal
				  facility must equal the cost of closing the largest area of the facility ever
				  requiring a final cover at any time during the active life.
(2)
Other disposal facilities.
The closure cost for other types of solid waste disposal facilities shall equal
				  the cost for removal and proper disposal of any remaining wastes, and the
				  elimination of potential environmental or health hazards.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 3 - COST ESTIMATES › Section 252:515-27-32 - Cost estimates for post-closure care

Current through Vol. 41, No. 20, July 1, 2024
(a)
Post-closure cost estimate
				  required.
Post-closure cost estimates shall be submitted to the DEQ for
				  approval. The estimate shall be a detailed written estimate, in current
				  dollars, of the cost of hiring a third party to conduct post-closure care for
				  the disposal facility in accordance with the permit, the approved post-closure
				  plan, and the rules of this Chapter.
(b)
Amount.
The cost estimate
				  shall be set by the DEQ and equal the most expensive cost for post-closure
				  care, as indicated by the post-closure plan.
(c)
Determination of post-closure cost
				  estimate.
(1) Post-closure cost
				  estimates shall be determined in accordance with OAC
				  252:515-27-51.
(2) A copy of the cost estimate shall be
				  submitted to the DEQ for approval.
(3) A copy of the approved estimate shall be
				  placed in the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 3 - COST ESTIMATES › Section 252:515-27-33 - Cost estimates for corrective action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Corrective action cost estimate
				  required.
When corrective action is required at a disposal facility,
				  cost estimates for corrective action shall be submitted to the DEQ for
				  approval. The cost estimates shall be a detailed written estimate, in current
				  dollars, of the cost of hiring a third party to perform the corrective action
				  in accordance with the approved corrective action plan.
(b)
Amount.
The corrective
				  action cost estimate shall be set by the DEQ and account for the total costs of
				  corrective action activities as described in the approved corrective action
				  plan for the entire corrective action period.
(c)
Determination of corrective action
				  cost estimate.
(1) Corrective action
				  cost estimates shall be determined in accordance with OAC
				  252:515-27-52.
(2) A copy of the cost estimate shall be
				  submitted to the DEQ for approval.
(3) A copy of the approved estimate shall be
				  placed in the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 3 - COST ESTIMATES › Section 252:515-27-34 - Annual adjustments to cost estimates and financial assurance mechanisms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Adjustment required.
Cost estimates for closure, post-closure,
				  and/or corrective action shall be adjusted and submitted to DEQ no later than
				  April 9th of each year.
(1)
Recalculation of maximum
				  costs.
The maximum costs of closure, post-closure, and/or corrective
				  action may be recalculated in current dollars using the procedure in Part 5 of
				  this Subchapter (relating to determination of cost estimates).
(2)
Use of inflation factor.
If
				  there are no significant changes to the closure or post-closure plan,
				  corrective action plan, or facility conditions, cost estimates may be adjusted
				  by use of an inflation factor derived from the most recent annual "Implicit
				  Price Deflator for Gross National Product" or the "Implicit Price Deflator for
				  Gross Domestic Product" published by the U.S. Department of Commerce in its
				  Survey of Current Business in the year for which the adjustment is being made.
(A) The first adjustment shall be made by
				  multiplying the approved cost estimate by the inflation factor. The result is
				  the adjusted cost estimate.
(B)
				  Subsequent adjustments shall be made by multiplying the latest adjusted cost
				  estimate by the latest inflation factor.
(3)
Place in operating record.
The approved adjusted cost estimates shall be placed in the operating record.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 5 - DETERMINATION OF COST ESTIMATES › Section 252:515-27-51 - Cost estimates for closure and post-closure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Determine cost estimate from unit
				  costs.
Cost estimate for closure and post-closure shall be determined by
				  completing the worksheets in Appendix H and I, respectively.
(b)
Deviation from unit costs using
				  bids.
Deviations from the unit costs for one or more individual tasks
				  identified in Appendix H or I may be approved by using the average of three
				  current bids. The following shall be submitted to the DEQ for approval:
(1) identification of the task(s) for which
				  bids will be provided;
(2) a
				  statement of work fully describing the actions necessary for completion of the
				  task(s) identified; and
(3) written
				  bids from three independent contractors not affiliated with the owner/operator.
				  The bids shall be dated within 30 days of submittal and be an estimate of the
				  contractor's cost for performing the work identified in the statement of work
				  on behalf of the State of Oklahoma.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 5 - DETERMINATION OF COST ESTIMATES › Section 252:515-27-52 - Cost estimates for corrective action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Equivalent tasks specified in
				  Appendix H or I.
For those corrective action tasks in the approved
				  corrective action plan for which there are equivalent tasks in Appendix H or I,
				  applicable portions of Appendix H or I or the procedure in OAC
				  252:515-27-51
				  shall be used to determine cost estimates.
(b)
Equivalent tasks not specified in
				  Appendix H or I.
For those corrective action tasks in the approved
				  corrective action plan for which there are no equivalent tasks in Appendix H or
				  I, the cost estimate shall be determined by using the procedure in OAC
				  252:515-27-51(b)(1)
				  through (b)(3) or (c)(1) through
				  (c)(3).
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-71 - General requirements for financial assurance mechanisms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements.
To qualify as
				  financial assurance for the performance costs of closure, post-closure, and/or
				  corrective action, a financial assurance mechanism must:
(1) ensure that the amount of funds assured
				  is sufficient to cover the costs of closure, post-closure care, and/or
				  corrective action for known releases when needed;
(2) ensure that funds will be available in a
				  timely fashion when needed;
(3) be
				  legally valid, binding, and enforceable under State and Federal law;
(4) be non-negotiable;
(5) be in an amount approved by the
				  DEQ;
(6) indicate the purpose of
				  the financial assurance is to provide funds for the adequate completion of
				  closure, post-closure, and/or corrective action upon the failure of the
				  owner/operator ("principal") to fully complete performance according to the
				  terms of the permit and applicable law;
(7) provide the name, address, telephone
				  number(s), contact person(s), and organizational information for the principal
				  and for the financial assurance issuer ("issuer");
(8) provide information on financial
				  responsibility and liability limits of the issuer;
(9) provide a clause requiring payment to the
				  State of Oklahoma, Department of Environmental Quality Revolving Fund, as the
				  sole beneficiary upon the DEQ's certification that the principal has not fully
				  or satisfactorily performed required closure, post-closure, and/or corrective
				  action activities;
(10) provide a
				  clause addressing termination and stating that neither the principal nor issuer
				  can revoke or cancel the financial assurance mechanism without notice to the
				  DEQ 120 days before revocation or cancellation is effective;
(11) provide a clause requiring notice to the
				  DEQ by issuer and to the principal prior to renewal date, if any;
(12) provide a clause requiring 30 day notice
				  to the DEQ by issuer of principal's failure to pay renewal fee(s), if
				  any;
(13) specify whether coverage
				  is for the life of the facility through certified closure, the period of
				  post-closure care required by law, and/or corrective action;
(14) include original signatures and typed
				  names of authorized agents of the principal and the issuer; and
(15) contain evidence that the signatory for
				  the issuer is empowered to commit the issuer to payment.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-72 - Use of multiple mechanisms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Multiple mechanisms allowed.
Financial assurance requirements may
				  be satisfied by establishing more than one approved financial assurance
				  mechanism described in this Part.
(b)
Amount must be sufficient.
If multiple mechanisms are used, the amount of financial assurance for all
				  mechanisms must total at least the current cost estimate for closure,
				  post-closure care and/or corrective action.
(c)
Limitations on performance
				  mechanisms.
Mechanisms guaranteeing performance rather than payment may
				  not be combined with other mechanisms.
(d)
Limitations on corporate test or
				  guarantee.
The financial test or a guarantee provided by a corporate
				  parent, sibling, or grandparent may not be combined if the financial statements
				  of the two firms are consolidated.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-73 - Allowable financial assurance mechanisms

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner/operator must choose from the
				  financial assurance mechanisms specified in this Part.
(b) The mechanisms must ensure that the funds
				  necessary to meet the costs of closure, post-closure care, and corrective
				  action for known releases will be available whenever they are needed.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-74 - Cash

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cash authorized.
Financial
				  assurance requirements may be satisfied by making a deposit, via cash,
				  certified check, or money order, to the State Treasury, payable to the
				  Department of Environmental Quality Revolving Fund, for the fully approved cost
				  estimates for closure, post-closure, and/or corrective action.
(b)
Additional requirements.
Compliance with OAC
				  252:515-27-71(a)(5),
				  (6), (7), and (13) is required.
(c)
Submit to DEQ.
Documentation
				  demonstrating compliance with (a) and (b) of this Section shall be submitted to
				  the DEQ and placed in the operating record.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-75 - Certificate of deposit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certificate of deposit authorized.
Financial assurance
				  requirements may be satisfied through a certificate of deposit payable to the
				  Department of Environmental Quality Revolving Fund, for the fully approved cost
				  estimates for closure, post-closure, and/or corrective action. Such certificate
				  shall be filed with the Office of the State Treasurer.
(b)
Chartered bank.
The
				  certificate of deposit shall be issued by a state or federally chartered bank,
				  regulated and examined by a state or federal agency.
(c)
Additional requirements.
Compliance with OAC
				  252:515-27-71(a)(5),
				  (6), (7), and (13) is required.
(d)
Submit to DEQ.
Documentation
				  demonstrating compliance with (a) through (c) of this Section shall be
				  submitted to the DEQ and placed in the operating record.
Added at 20 Ok Reg
					 1151, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-76 - Trust fund

Current through Vol. 41, No. 20, July 1, 2024
(a)
Trust
				  fund authorized.
Financial assurance requirements may be satisfied by
				  establishing a trust fund meeting the requirements of this Section.
(b)
Acceptable trustee.
The
				  trustee must be an entity which has the authority to act as a trustee and whose
				  trust operations are regulated and examined by a federal or state
				  agency.
(c)
Additional
				  requirements.
The trust must be in a format approved by the DEQ and
				  contain an irrevocable assignment of the funds to the DEQ.
(d)
Submit trust agreement to
				  DEQ.
A copy of the trust agreement must be submitted to the DEQ for
				  approval and a copy of the approved trust agreement placed in the facility's
				  operating record.
(e)
Pay-in
				  period.
Payments into the trust fund must be made no later than April
				  9th of each year as follows:
(1)
Closure
				  and/or post-closure.
For closure and/or post-closure care, the pay-in
				  period shall be the economic life of the disposal facility, as determined in
				  accordance with OAC
				  252:515-27-8(a)(1)
				  or (b)(1), as applicable.
(2)
Corrective action.
For
				  corrective action, the pay-in period shall be 15 years after the corrective
				  action remedy has been selected, or one-half of the estimated length of the
				  corrective action program, whichever is shorter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-77 - Escrow account

Current through Vol. 41, No. 20, July 1, 2024
(a)
Escrow
				  account authorized.
Financial assurance requirements may be satisfied by
				  establishing an escrow account in the name of the Department of Environmental
				  Quality.
(b)
Chartered
				  bank.
The escrow bank must be a state or national bank located within
				  the State of Oklahoma authorized to receive and hold State funds.
(c)
Additional requirements.
(1)
Escrow agreement.
The escrow
				  agreement must contain an irrevocable assignment of the funds therein to the
				  Department of Environmental Quality to be used in accordance with this
				  Section.
(2)
Funds
				  insured.
The funds placed in the escrow account must be fully insured
				  and/or collateralized by the Bank's pledge of government securities.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-78 - Surety bond

Current through Vol. 41, No. 20, July 1, 2024
(a)
Surety
				  bond for closure and/or post-closure authorized.
Financial assurance
				  requirements for closure or post-closure care may be satisfied by obtaining a
				  payment or performance surety bond conforming to the requirements of this
				  Section.
(b)
Performance bond
				  for corrective action authorized.
Financial assurance requirements for
				  corrective action may be satisfied by obtaining a performance bond conforming
				  to the requirements of this Section.
(c)
Submit bond to DEQ.
A copy
				  of the bond must be submitted to the DEQ for approval and a copy of the
				  approved bond placed in the operating record.
(d)
Acceptable bonds.
The surety
				  company issuing the bond must, at a minimum, be among those listed as
				  acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of
				  the Treasury.
(e)
Penal
				  sum.
The penal sum of the bond must be in an amount at least equal to
				  the current closure, post-closure care or corrective action cost estimate,
				  whichever is applicable, except as provided in OAC
				  252:515-27-72
				  (relating to the use of multiple mechanisms).
(f)
Surety liable.
Under the
				  terms of the bond, the surety will become liable on the bond obligation when
				  the owner/operator fails to perform as guaranteed by the bond.
(g)
Establish standby trust
				  fund.
A standby trust to receive bond payments must be established that
				  meets the requirements of OAC
				  252:515-27-76, except
				  the requirements for initial payment and subsequent annual payments specified
				  in OAC
				  252:515-27-76(e) through
				  (g).
(h)
Deposits into standby trust.
Payments made under the terms of the bond must be deposited by the surety
				  directly into the standby trust fund.
(i)
Payments from the trust.
Payments from the trust fund must first be approved by the DEQ and the
				  trustee.
(j)
Cancellation by
				  surety.
Under the terms of the bond, the surety may cancel the bond by
				  sending notice of cancellation by certified mail to the owner/operator and to
				  the DEQ 120 days in advance of cancellation.
(k)
New financial assurance
				  required.
DEQ approved alternate financial assurance meeting the
				  requirements of this Part must be established:
(1) prior to the effective date of
				  cancellation of the bond by the surety, or
(2) within 60 days of receipt of notice the
				  surety no longer meets the requirements of (d) of this Section.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 515 - Management of Solid Waste › Subchapter 27 - Cost Estimates and Financial Assurance › Part 7 - FINANCIAL ASSURANCE MECHANISMS › Section 252:515-27-79 - Letter of credit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Letter of
				  credit authorized.
Financial assurance for closure, post-closure care,
				  and/or corrective action may be satisfied by obtaining an irrevocable standby
				  letter of credit that conforms to the requirements of this Section.
(b)
Submit letter of credit to
				  DEQ.
A copy of the letter of credit must be submitted to the DEQ for
				  approval, and a copy of the approved letter of credit placed in the operating
				  record.
(c)
Acceptable
				  issuing institutions.
The issuing institution must be an entity that has
				  the authority to issue letters of credit and whose letter of credit operations
				  are regulated and examined by a federal or state agency.
(d)
Documents to include.
A
				  letter from the owner/operator referring to the letter of credit by number and
				  containing the following must be included with the letter of credit:
(1) the name of the issuing
				  institution;
(2) the date the
				  letter of credit was issued;
(3)
				  the disposal facility name and address; and
(4) the amount of funds assured.