Ala. Admin. Code r. 335-6-13-.06

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-13-.06 - Financial Assurance Criteria

(1) Prior to the issuance a permit or prior to the reissuance or modification of an existing permit for a centralized waste treatment facility subject to the requirements of this chapter, the owner or operator shall post a performance bond or other financial assurance as described in this chapter in an amount sufficient for closure of the facility.

(2) The owner or operator shall obtain a minimum of two detailed, written estimates, in current dollars, of the cost of hiring a third party to perform closure of the centralized waste treatment facility. The owner or operator shall submit the closure cost estimates with the permit application.

(3) The owner or operator shall re-evaluate the closure cost estimate and the amount of financial assurance required if:

(a) Changes to the closure plan or waste treatment facility conditions significantly increase the maximum cost of closure at any time during the active life of the facility. The owner or operator shall submit any updated closure cost estimates and documentation of the increase in required financial assurance to the Department at least 30 days prior to initiating changes at the facility which would significantly increase the maximum cost of closure at any time during the active life of the facility.

(b) The Department requests such in order to verify there is adequate funding for closure. This re-evaluation shall be due as requested by the Department.

(4) The owner or operator demonstrating financial assurance shall provide continuous coverage for closure until:

(a) The owner or operator is released from financial assurance requirements by the Department or

(b) If ownership or operation of the waste treatment facility is transferred to another person, the new owner or operator has demonstrated financial assurance to the Department as required by this chapter.

(5) The bond or other financial assurance may be declared forfeited if required by the Department when the owner or operator abandons the centralized waste treatment facility, ceases operation of the facility, or fails to properly maintain the facility to ensure compliance with state environmental regulations.

Ala. Admin. Code r. 335-6-13-.06

Amended: Filed February 19, 2013; effective March 26, 2013.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 11, August 31, 2018, eff. 10/5/2018.

Authors: Chris Sasser; Daphne Smart

Statutory Authority:Code of Ala. 1975, §§ 22-25C-1, 22-25C-2.