Section 33-24-05-76 - Cost estimates for closure and postclosure care1.The cost estimates for closure.a. The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 33-24-05-60 through 33-24-05-64 and applicable closure requirements in sections 33-24-05-97, 33-24-05-110, 33-24-05-122, 33-24-05-135, 33-24-05-151, 33-24-05-167, 33-24-05-180, sections 33-24-05-301 through 33-24-05-303, and section 33-24-05-477. (1) The estimate must equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see subsection 2 of section 33-24-05-61).(2) The closure cost estimate must be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in subsection 4 of section 33-24-05-75.) The owner or operator may use costs for onsite disposal if the owner or operator can demonstrate that onsite disposal capacity will exist at all times over the life of the facility. (3) The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure.(4) The owner or operator may not incorporate a zero cost for hazardous wastes that might have economic value.b. During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within sixty days prior to the anniversary date of the establishment of the financial instruments used to comply with section 33-24-05-77. For owners and operators using the financial test or corporate guarantee, the closure cost estimate must be updated for inflation within thirty days after the close of the firm's fiscal year and before submission of updated information to the department as specified in subdivision c of subsection 6 of section 33-24-05-77. The adjustment may be made by recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most recent implicit price deflator for gross national product published by the United States department of commerce in its survey of current business as specified in paragraphs 1 and 2. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. (1) The first adjustment is made by multiplying the closure cost estimates by the inflation factor. The result is the adjusted closure cost estimate.(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimates by the latest inflation factor.c. During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than thirty days after the department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate must be adjusted for inflation as specified in subdivision b.d. The owner or operator shall keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with subdivisions a and c and, when this estimate has been adjusted in accordance with subdivision b, the latest adjusted closure cost estimate.2.Cost estimate for postclosure care.a. The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment, or landfill unit, or a surface impoundment or waste pile required under sections 33-24-05-122 and 33-24-05-135 to prepare a contingent closure and postclosure plan, shall have a detailed written estimate in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure rules in sections 33-24-05-66 through 33-24-05-69, sections 33-24-05-122, 33-24-05-135, 33-24-05-167, 33-24-05-180, and 33-24-05-303. (1) The postclosure cost estimate must be based on the cost to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is a party who is neither a parent or subsidiary of the owner or operator. (See definition of parent corporation in subsection 4 of section 33-24-05-75.)(2) The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under section 33-24-05-66.b. During the active life of the facility, the owner or operator shall address the postclosure cost estimate for inflation within sixty days prior to the anniversary date of the establishment of the financial instruments used to comply with section 33-24-05-77. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate must be updated for inflation within thirty days after the close of the firm's fiscal year and before the submission of updated information to the department as specified in subdivision e of subsection 6 of section 33-24-05-77. The adjustment may be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent implicit price deflator for gross national product published by the United States department of commerce in a survey of current business as specified in paragraphs 1 and 2. The inflation factor is the result of dividing the latest annual published deflator by the deflator for the previous year. (1) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.(2) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.c. During the active life of the facility, the owner or operator shall revise the postclosure cost estimate within thirty days after the department has approved a request to modify the postclosure plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate must be adjusted for inflation as specified in subdivision b.d. The owner or operator shall keep the following at the facility during the operating life of the facility: the latest postclosure cost estimate prepared in accordance with subdivisions a and c and, when this estimate has been adjusted in accordance with subdivision d , the latest adjusted postclosure cost estimate.N.D. Admin Code 33-24-05-76
Effective January 1, 1984; amended effective December 1, 1988; December 1, 1991; January 1, 1994; July 1, 1997.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04