Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 70 - FINANCIAL ASSURANCE REGULATIONS FOR SOLID WASTE DISPOSAL, TRANSFER AND TREATMENT FACILITIES › Part III - Financial Assurance Criteria › Article 3 - Cost Estimates › Section 9VAC20-70-112 - Cost estimate for facility post-closure

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator shall submit to the
					 department a detailed written estimate, in current dollars, of the cost of
					 hiring a third party to conduct post-closure care for the solid waste disposal
					 unit in compliance with the post-closure plan required by
					 9VAC20-70-90 B. The post-closure
					 cost estimate used to demonstrate financial assurance shall account for the
					 total costs of conducting post-closure care, including annual and periodic
					 costs as described in the post-closure plan over the entire post-closure care
					 period. The owner or operator shall submit the estimate to the director and
					 place the estimate in the operating record. The post-closure cost estimate
					 shall be approved by the director.
1. The cost
					 estimate for post-closure care shall be based on the total costs of
					 post-closure care during the post-closure care period.
2. During the active life of the solid waste
					 disposal unit and during the post-closure care period, the owner or operator
					 shall adjust the post-closure cost estimate annually for inflation within 60
					 days prior to the anniversary date of the establishment of the financial
					 mechanism used to comply with this part. For owners or operators using the
					 financial test or guarantee, the post-closure care cost estimate shall be
					 updated for inflation within 30 days after the close of the owner's or
					 operator's fiscal year. The adjustment process to be used is described in
					 9VAC20-70-111 B.
3. The owner or operator shall increase the
					 post-closure care cost estimate and the amount of financial assurance provided
					 under subsection B of this section no later than 30 days after a revision to
					 the post-closure plan has been approved by the director or where a change in
					 the solid waste disposal unit conditions increase the maximum costs of
					 post-closure care.
4. The owner or
					 operator may request a reduction in the post-closure cost estimate and the
					 amount of financial assurance provided under subsection B of this section if
					 the cost estimate exceeds the maximum costs of post-closure care remaining over
					 the post-closure care period. The owner or operator shall submit a revised post
					 closure cost estimate with the justification for the reduction to the director
					 when requesting a reduction in the amount of the post-closure cost estimate and
					 the amount of financial assurance provided. The justification shall include an
					 itemization of all post-closure costs. No reduction request shall be reviewed
					 until a complete cost estimate acceptable to the department has been submitted.
					 A request for a reduction in the post-closure cost estimate shall be reviewed
					 in a timely manner.