N.H. Admin. Code § Env-Sw 1403.01

Current through Register No. 50, December 12, 2024

Section Env-Sw 1403.01 - Financial Assurance Plan Preparation and Submittal

(a) A permittee shall establish, implement and maintain an approved financial assurance plan to guarantee the cost of facility closure, including post-closure care as required by the facility permit and the solid waste rules.

(b) A financial assurance plan shall include:

(1) A closure cost estimate prepared in accordance with Env-Sw 1403.02;

(2) Provisions for guaranteeing the cost of facility closure based on one or any combination of the options specified in Env-Sw 1403.03 through Env-Sw 1403.05;

(3) For the options specified in Env-Sw 1403.03, the identity and contact information of the financial institution providing the guarantee; and

(4) For a local government proposing to use the state approved local government financial test to assure its obligations, as provided in Env-Sw 1403.05:

a.A letter signed by the local government's chief financial officer which:

1.Identifies all current cost estimates covered by a financial test, as described in Env-Sw 1403.05; and

2.Provides evidence of and certifies that the local government meets the conditions of Env-Sw 1403.05(a) through (h);

b.The local government's year-end financial statements for the latest fiscal year, audited by an independent, certified public accountant (CPA) who conducts comprehensive audits, with:

1.The unqualified opinion of the auditor; or

2.The qualified opinion of and a written explanation by the auditor as to why the qualification should be deemed insufficient to warrant disallowance of the financial test;

c.A report to the local government by the local government's independent CPA, as follows:

1.The report shall be based on performing a review of the financial ratios required by Env-Sw 1403.05(a)(3), if applicable, and the requirements of Env-Sw 1403.05(b) and Env-Sw 1403.05(c)(3) and (4); and

2.The report shall state the procedures performed and the CPA's findings; and

d.A copy of the comprehensive annual financial report (CAFR) used to comply with Env-Sw 1403.05(d) or certification that the requirements of Governmental Accounting Standards Board Statement 18, No. 101-A, published August, 1993 have been met.

(c) A proposed financial assurance plan shall be:

(1) Submitted by the permittee in accordance with Env-Sw 303; and

(2) Reviewed and approved by the department pursuant to Env-Sw 1404.

N.H. Admin. Code § Env-Sw 1403.01

#6619-B, eff 10-29-97 ; (See Revision Note at chapter heading for Env-Sw 1400) ss by #8459, eff 10-28-05 (formerly Env-Wm 3103.01 )

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10599, Effective 7/1/2014, Expires7/1/2024.