Section 33-24-05-1062 - Cost estimates for closure1. The owner or operator must have at the facility a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 33-24-05-1041 through 33-24-05-1045 and applicable closure requirements in sections 33-24-05-1086, 33-24-05-1111, and 33-24-05-1138. a. 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 the closure plan (see subsection 2 of section 33-24-05-1042).b. 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 33-24-05-1061). 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.c. The closure cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous wastes, or nonhazardous wastes, facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure.d. The owner or operator may not incorporate a zero cost for hazardous wastes, or nonhazardous wastes that might have economic value.2. During the active life of the facility, the owner or operator must 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 33-24-05-1063. 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 paragraph 3 of subdivision b of subsection 6 of section 33-24-05-1063. 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 domestic product published by the United States department of commerce in its survey of current business, as specified in subdivisions a and b. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. a. The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.b. Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.3. During the active life of the facility, the owner or operator must 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 subsection 2.4. The owner or operator must keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with subsections 1 and 3 and, when this estimate has been adjusted in accordance with subsection 2, the latest adjusted closure cost estimate.N.D. Admin Code 33-24-05-1062
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, 23-20.3-05