S.C. Code Regs. § 61-79.265.H.144

Current through Register Vol. 48, No. 5, May 24, 2024

Section 61-79.265.H.144 - Cost estimate for post-closure

(a) The owner or operator of a hazardous waste disposal unit must have a written detailed estimate in current dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations in Sections265.117 through 265.120, 265.228, 265.258, 265.280 and 265.310.

(1) The post-closure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct post-closure care activities. A third party is a party who is neither a parent nor subsidiary of the owner or operator. (See definition of parent corporation in Section265.141(d)(d).

(2) The post-closure cost estimate is calculated by multiplying the annual post-closure cost estimate by the number of years of post-closure care required under Section265.117.

(b) During the active life of the facility and during the postclosure period of the facility, the owner or operator must adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section265.145. For owners or operators using the financial test or corporate guarantee, the postclosure care cost estimate must be updated for inflation no later than 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section265.145(d)(5)(d)(5). 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 U.S. Department of Commerce in its Survey of Current Business as specified in section265.145(b)(1) and (b)(2)(b)(1) and (b)(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 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 and during the postclosure period of the facility, the owner or operator must revise the postclosure cost estimate no later than 30 days after a revision to the postclosure plan which increases the cost of postclosure care. If the owner or operator has an approved postclosure plan, the postclosure cost estimate must be revised no later than 30 days after the Department has approved the request to modify the 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 section265.144(b)(b).

(d)

(1) The owner or operator must keep the following at the facility during the active life of the facility: the latest postclosure cost estimate prepared in accordance with section265.144 (a) and (c) and, when this estimate has been adjusted in accordance with section265.144(b)(b), the latest adjusted postclosure cost estimate.

(2) During the postclosure period of the facility, the owner or operator must maintain the information specified in (d)(1) and provide it to the Department upon request.

S.C. Code Regs. 61-79.265.H.144

Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 12, Issue No. 10, eff October 28, 1988; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 17, Issue No. 5, Part 2, eff May 28, 1993.