2014 South Bend Financial Assurance Test Report

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SOLID WASTE LAND DISPOSAL FACILITIES (7) The local government guarantee option, including the following: (A) A permittee may demonstrate financial assurance for closure, post - closure, and corrective action, as required by sections 2, 3, and 10 of this rule, as follows: (i) Obtain a written guarantee provided by a local government. (ii) Submit an original signed copy and a duplicate of the written guarantee to the commissioner. (B) The guarantor shall meet the requirements of the local government financial test in subdivision (6) and shall comply with the terms of a written guarantee as follows: (i) The guarantee must be effective: (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 the requirements of 329 IAC 10- 21 -13. (ii) The guarantee must provide the following: (AA) If the permittee fails to perform any combination of closure, post - closure care, or corrective action of a facility covered by the guarantee, the guarantor shall: (aa) perform or pay a third party to perform any combination of closure, post - closure care, or corrective action as required under this subitem; or (bb) establish a fully funded trust fund as specified in subdivision (1) in the name of the permittee. (BB) The guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the permittee and to the commissioner. Cancellation must not occur during the one hundred twenty (120) days beginning on the date of receipt of the notice of cancellation by both the permittee and the commissioner as evidenced by the return receipts. (CC) Ifa guarantee is canceled under subitem (BB), the permittee shall, within ninety (90) days following receipt of the cancellation notice by the permittee and the commissioner, complete the following: (aa) Obtain alternate financial assurance under this rule. (bb) Place evidence of that alternate financial assurance in the facility operating record. (cc) Notify the commissioner. (DD) Ifthe permittee fails to provide alternate financial assurance within the ninety (90) day period under subitem (CC), the guarantor shall complete the following: (aa) Provide alternate assurance within one hundred twenty (120) days following the guarantor's notice of cancellation. (bb) Place evidence of the alternate assurance in the facility operating record. (cc) Notify 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)(13)(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 IAC 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) Notify the commissioner. Ifthe permittee fails to obtain alternate financial assurance within the ninety (90) day period, the guarantor shall Indiana Administrative Code Page 255