S.C. Code Regs. § 61 app E

Current through Register Vol. 44, No. 9, September 25, 2020
Appendix E

SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BUREAU OF LAND AND WASTE MANAGEMENT

Letter from Chief Financial Officer

Chief

Bureau of Land and Waste Management

2600 Bull Street

Columbia, SC 29201

Dear Sir or Madam: I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in subpart H of R.61-79.261.

[Fill out the following nine paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA Identification Number (if any issued), name, address, and current cost estimates.]

1. This firm is the owner or operator of the following facilities for which financial assurance is demonstrated through the financial test specified in subpart H of R.61-79.261. The current cost estimates covered by the test are shown for each facility: ____.

2. This firm guarantees, through the guarantee specified in subpart H of R.61-79.261, the following facilities owned or operated by the guaranteed party. The current cost estimates so guaranteed are shown for each facility: ____. The firm identified above is [insert one or more: (1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee____; or (3) engaged in the following substantial business relationship with the owner or operator ____, and receiving the following value in consideration of this guarantee____]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter].

3. In states outside of South Carolina, where the Department is not administering the financial requirements of subpart H of R.61-79.261, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in subpart H of R.61-79.261. The current cost estimates covered by such a test are shown for each facility:____.

4. This firm is the owner or operator of the following hazardous secondary materials management facilities for which financial assurance is not demonstrated to the Department through the financial test or any other financial assurance mechanism specified in subpart H of R.61-79.261 or equivalent or substantially equivalent state mechanisms. The current cost estimates not covered by such financial assurance are shown for each facility:____.

5. This firm is the owner or operator of the following UIC facilities for which financial assurance for plugging and abandonment is required under 40 CFR part 144. The current closure cost estimates as required by 40 CFR 144.62 are shown for each facility:____.

6. This firm is the owner or operator of the following facilities for which financial assurance for closure or post-closure care is demonstrated through the financial test specified in subpart H of R.61-79.264 and 265. The current closure and/or post-closure cost estimates covered by the test are shown for each facility: ____.

7. This firm guarantees, through the guarantee specified in subpart H of R.61-79.264 and 265, the closure or post-closure care of the following facilities owned or operated by the guaranteed party. The current cost estimates for the closure or post-closure care so guaranteed are shown for each facility: ____. The firm identified above is [insert one or more: (1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee ___; or (3) engaged in the following substantial business relationship with the owner or operator __, and receiving the following value in consideration of this guarantee __]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter].

8. In states outside of South Carolina, where the Department is not administering the financial requirements of subpart H of R.61-79.264 or 265, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the closure or post-closure care of the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in subpart H of R.61-79.264 and 265. The current closure and/or post-closure cost estimates covered by such a test are shown for each facility: __.

9. This firm is the owner or operator of the following hazardous waste management facilities for which financial assurance for closure or, if a disposal facility, post-closure care, is not demonstrated to the Department through the financial test or any other financial assurance mechanism specified in subpart H of R.61-79.264 and 265 or equivalent or substantially equivalent state mechanisms. The current closure and/or post-closure cost estimates not covered by such financial assurance are shown for each facility: __.

This firm [insert "is required" or "is not required"] to file a Form 10K with the U.S. Securities and Exchange Commission (SEC) for the latest fiscal year.

The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].

[Fill in Alternative I if the criteria of paragraph (e)(1)(i) of section 261.143 are used. Fill in Alternative II if the criteria of paragraph (e)(1)(ii) of section 261.143(e) are used.]

ALTERNATIVE I

1.

Sum of current cost estimates [total of all cost estimates shown in the nine paragraphs above

$____

*

2.

Total liabilities [if any portion of the cost estimates is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4]

$____

*

3.

Tangible net worth

$

*

4.

Net worth

$

*

5.

Current assets

$

*

6.

Current liabilities

$

7.

Net working capital [line 5 minus line 6]

$

*

8.

The sum of net income plus depreciation, depletion, and amortization

$

*

9.

Total assets in U.S. (required only if less than ninety (90) percent of firm's assets are located in the U.S.)

$

10.

Is line 3 at least $10 million?

Yes/No

11.

Is line 3 at least 6 times line Is

Yes/No

12.

Is line 7 at least 6 times line Is

Yes/No

*

13.

Are at least ninety (90) percent of firm's assets located in the U.S.? If not, complete line 14

Yes/No

14.

Is line 9 at least 6 times line Is

Yes/No

15.

Is line 2 divided by line 4 less than 2.0?

Yes/No

16.

Is line 8 divided by line 2 greater than 0.Is

Yes/No

17.

Is line 5 divided by line 6 greater than 1.5?

Yes/No

ALTERNATIVE II

1.

Sum of current cost estimates [total of all cost estimates shown in the eight paragraphs above]

$____

2.

Current bond rating of most recent issuance of this firm and name of rating service

3.

Date of issuance of bond

4.

Date of maturity of bond

*

5.

Tangible net worth [if any portion of the cost estimates is included in "total liabilities" on your firm's financial statements, you may add the amount of that portion to this line]

$____

*

6.

Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.)

$____

7.

Is line 5 at least $10 million?

Yes/No

8.

Is line 5 at least 6 times line Is

Yes/No

*

9.

Are at least 90% of firm's assets located in the U.S.? If not, complete line 10

Yes/No

10.

Is line 6 at least 6 times line Is

Yes/No

I hereby certify that the wording of this letter is identical to the wording specified in section 261.151 Appendix E as such regulations were constituted on the date shown immediately below.

[Signature]

[Name]

[Title]

[Date]

S.C. Code Regs. 61 app E

Added by State Register Volume 44, Issue No. 06, eff. June 26, 2020.