2019 South Bend Financial Assurance Test Report

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SOLID WASTE LAND DISPOSAL FACILITIES notice of cancellation. (bb)Place evidence of the alternate assurance in the facility operating record. (cc)Noti1~’the commissioner. (C)The permittee shall complete the following record keeping and reporting requirements: (i)The permittee shall place a certified copy of the guarantee along with the items required under subdivision (6)(B)(iii)into the facility’s operating record: (AA)before the initial receipt of waste or at the time of the next required local government financial test annual submittal,whichever is later,in the case of closure and post-closure care;or (BB)not later than one hundred twenty (120)days after the corrective action remedy has been selected in accordance with 329 JAC 10-21-13. (ii)The permittee is no longer required to maintain the items specified in this clause when the permittee: (AA)substitutes alternate financial assurance as specified in this rule;or (BB)is released from the requirements of this rule in accordance with section 6 or 11 of this rule. (iii)If a local government guarantor no longer meets the requirements of subdivision (6),the permittee shall, within ninety (90)days,complete the following: (AA)Obtain alternative assurance. (BB)Place evidence of the alternate assurance in the facility operating record. (CC)Notii~’the commissioner. If the permittee fails to obtain alternate financial assurance within the ninety (90)day period,the guarantor shall provide that alternate assurance within the next thirty (30)days. (b)Financial responsibility closure cost estimate requirements must be as follows: (1)For purposes of establishing financial responsibility,the permittee shall have a detailed written estimate of the cost of closing the facility based on the following: (A)The closure costs derived under: (i)329 IAC 10-22-2(c); (ii)329 IAC 10-30-4(b);or (iii)329 IAC 10-37-4(b). (B)One (1)of the closure cost estimating standards under subdivision (3). (2)As used in this section,“establishment of financial responsibility”means submission of financial responsibility to the commissioner in the form of one (1)of the options under subsection (a). (3)The permittee shall use one (1)of the following closure cost estimating standards: (A)The entire solid waste land disposal facility closure standard is an amount that equals the estimated total cost of closing the entire solid waste land disposal facility,less an amount representing portions of the solid waste land disposal facility that have been certified for partial closure in accordance with: (i)329 IAC 10-22-3; (ii)329 IAC 10-30-5;or (iii)329 IAC 10-37-5. (B)The incremental closure standard is an amount that,for any year of operation,equals the total cost of closing the portion of the solid waste land disposal facility dedicated to the current year of solid waste land disposal facility operation,plus all closure amounts from all other partially or completely filled portions ofthe solid waste land disposal facility from prior years of operation that have not yet been certified for partial closure in accordance with: (i)329 IAC 10-22-3; (ii)329 IAC 10-30-5;or (iii)329 IAC 10-37-5. (c)Until final closure of the solid waste land disposal facility is certified,the permittee shall annually review and submit to the commissioner the financial closure estimate derived under this section annually not later than June 15.The submittal must also include a copy of the existing contour map of the solid waste land disposal facility that delineates the boundaries of all areas into which waste has been placed as ofthe annual review and certified by a registered professional engineer or registered land surveyor. In addition,as part of the annual review,the permittee shall revise the closure estimate as follows: Indiana Administrative Code Page 256