South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-107 - Solid Waste Management › Subchapter 61-107.4 - Solid Waste Management: Compost and Mulch Production from Land-clearing Debris, Yard Trimmings and Organic Residuals › Part III - Permitted Facilities › Section J - Financial Assurance

Current through Register Vol. 48, No. 6, June 28, 2024
1. The requirements
				  of this section apply to all permitted facilities except those owned and
				  operated by a local government, by a region comprised of local governments, or
				  by state or federal government entities whose debts and liabilities are the
				  debts and liabilities of the state or the U.S.
2. Prior to receiving a permit, applicants
				  shall fund a financial assurance mechanism as described in R.61-107.19, SWM:
				  Solid Waste Landfills and Structural Fill Part I.E, and approved by the
				  Department to ensure the satisfactory closure of the facility as required by
				  this regulation.
3. The permittee
				  shall calculate and declare in the permit application the maximum amount in
				  cubic yards of feedstocks, in-process material, and waste material that could
				  be stored at the facility. A final closure cost estimate is required to provide
				  funding for the third party costs to properly dispose of the maximum amount of
				  material that the facility can store at any given time and perform any
				  corrective action for soils and groundwater that the Department may require.
				  The cost estimate shall account for tipping fees, material hauling costs,
				  grading and seeding the site, labor, and the cost for soliciting third party
				  bids to complete closure and restore the site to conditions acceptable to the
				  Department.
a. The maximum capacity of a site
				  shall be calculated in cubic yards assuming compliance with all buffers and
				  spacing requirements. The Department shall use an average cost of disposal per
				  ton of material in Class II landfills, as reported in the most recent Solid
				  Waste Management Annual Report, when calculating the amount of financial
				  assurance necessary for a site.
b.
				  During the active life of the facility, the permittee shall annually adjust the
				  closure cost estimate when the disposal cost estimate increases substantially
				  based on information published in the Solid Waste Management Annual
				  Report.
c. The permittee shall
				  increase the closure cost estimate and the amount of financial assurance
				  provided if changes to the closure plan disposal costs, site conditions, or
				  other factors increase the maximum cost of closure at any time during the
				  site's remaining active life.
d.
				  The permittee shall increase the closure cost estimate and the amount of
				  financial assurance provided if a release to the environment occurs to include
				  cost of groundwater monitoring, assessment, and corrective action if the
				  Department determines that these measures are necessary at any time during the
				  active life of the facility. Financial assurance shall be maintained and
				  adjusted annually until the Department agrees that environmental conditions
				  meet applicable standards.
e. At
				  any time during the remaining life of the facility, the permittee may reduce
				  the closure cost estimate and the amount of financial assurance provided for
				  proper closure if the cost estimate exceeds the maximum cost of closure. The
				  permittee shall submit justification for the reduction of the closure cost
				  estimate and the amount of financial assurance to the Department for review and
				  approval.