N.Y. Comp. Codes R. & Regs. tit. 6 § 383-6.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 383-6.6 - Cost estimates for implementing the closure plan

(a) Every applicant or permittee must submit a detailed, written estimate of the cost, in current dollars, for implementing the closure plan as required by section 383-6.3(b)(2)(i) of this Subpart. The cost estimate must be approved by the department and based on the cost of implementing the closure plan as approved or amended by the terms and conditions of the permit. The cost estimate must include the costs of:

(1) decontamination and dismantlement of land disposal facility structures; and

(2) closure of the land disposal facility so that the need for ongoing active maintenance is eliminated to the extent practicable and only minor custodial care, surveillance, and monitoring are required;

(3) implementation of the closure plan based on the costs of hiring a third party to implement the closure plan; and

(4) implementation of the closure plan reflecting the costs of closure at the estimated point in the land disposal facility's operation period when the extent and manner of operation and inventory of wastes would make closure the most expensive, as indicated by the closure plan.

(b) The cost estimate must not incorporate any salvage value that may be realized from the sale of wastes, land disposal facility structures, equipment, land or other assets associated with the land disposal facility at the time of closure.

(c) The cost estimate must reflect consideration of the size, type, and location of the land disposal facility and the nature and volume of waste to be disposed, any portion of the closure plan which has been completed, and the degree and duration of risks to human health and the environment.

(d) The permittee must submit a revised cost estimate to the department no later than 30 days after the department has approved a change in the closure plan that affects the cost of implementing the closure plan. The department may require the permittee to submit a revised financial assurance plan, in accordance with section 383-6.3(f) of this Subpart, which reflects such revised cost estimate.

(e) On an annual basis, until closure of the land disposal facility, the permittee must revise the estimated cost to account for inflation. The revised cost estimate must be submitted to the department in accordance with the requirements of section 383-6.3(d) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 383-6.6