Section Env-Sw 1403.06 - Local Government Guarantee(a) For a facility meeting the requirements of Env-Sw 1403.04(c), a local government may assure its obligations by obtaining a written guarantee provided by a guarantor pursuant to (b) below.(b) The guarantor shall be a political subdivision in New Hampshire and comply with the terms of the written guarantee.(c) The guarantee shall: (1) Provide that if the permittee fails to perform closure, post-closure care, or corrective action for a facility covered by the guarantee, the guarantor shall: a. Perform, or pay a third party to perform, closure, post-closure care, or corrective action as required; orb. Establish a fully-funded trust fund as specified in 40 CFR 258.74(a) identifying the state of New Hampshire as the intended beneficiary and established in accordance with the laws of the state of New Hampshire;(2) Include provisions specifying that the guarantee shall remain in force until the earlier of the following dates: a. 120 days following the receipt date of a written notice of cancellation sent by certified mail, return receipt requested to the local government and to the department; orb. The date the local government implements an approved financial assurance replacement pursuant to Env-Sw 1405.03; and(3) Include a provision specifying that if the guarantor ceases to meet the requirements in Env-Sw 1403.05, the guarantor shall provide alternate assurance for the duration of the agreement.N.H. Admin. Code § Env-Sw 1403.06
#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 3103.06 )