N.H. Admin. Code § Env-Sw 1403.02

Current through Register No. 37, September 12, 2024

Section Env-Sw 1403.02 - Closure Cost Estimation

(a) The dollar amount guaranteed by a financial assurance plan shall be no less than the estimated total closure, including post-closure costs determined pursuant to (b) through (h), below.

(b) The closure cost estimate shall be figured based on representative current market rates for having a third party perform all required closure activities at the point in the facility's active life when the extent and manner of facility operations in compliance with permit conditions and applicable laws and rules makes closure the most expensive, as indicated by the approved facility closure plan. For landfills, the closure cost estimate shall also include the cost of having a third party perform all required post-closure activities for a period of 30 years from the date of the estimate unless the post-closure period has been modified pursuant to Env-Sw 807.05(d).

(c) For a landfill constructed in phases, the permittee may figure closure costs in accordance with (b) above based on the constructed area of the facility only, instead of the entire permitted footprint.

(d) Any facility subject to the corrective action requirements specified in 40 CFR 258.58, shall comply with the financial assurance requirements specified in 40 CFR 258, Subpart G.

(e) The cost of removing and disposing of all wastes not permitted to remain at the facility following closure shall be included in the closure cost estimate, excluding actively managed select processed recyclable materials.

(f) Salvage value from the sale of facility structures, equipment or other assets associated with the facility and profits from the sale of recyclable materials shall not be treated as a credit to reduce total closure costs.

(g) The closure cost estimate shall:

(1) Be itemized and documented to show the unit cost and quantity of each item, service, and activity required to close the facility in accordance with the solid waste rules and the approved facility closure plan;

(2) For landfills, include a line item for qualified professional oversight of all closure activities;

(3) For facilities other than landfills whose most recent closure cost estimate is $50,000 or more, include a line item for qualified professional oversight of all closure activities;

(4) Include a line item for contingencies equaling no less than 10% of the total itemized costs;

(5) For landfills, include a line item for the following costs if final design plans and specifications for landfill closure are not yet approved:

a.The cost of preparing final design plans and specifications for closure; and

b.The cost of the fee specified in Env-Sw 310.08(b) for filing an application for a type II permit modification to obtain final design plan approval for construction of all required landfill closure systems;

(6) For landfills, be certified by a qualified professional engineer; and

(7) For lined landfills subject to 40 CFR 258 operated on or after October 9, 1993, include the cost of replacing 20% of the active gas collection system within the footprint of the landfill that has already been built.

N.H. Admin. Code § Env-Sw 1403.02

#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 3103.02 )

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