2014 South Bend Financial Assurance Test Report

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SOLID WASTE LAND DISPOSAL FACILITIES 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 of the 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: (1) For inflation, using an inflation factor derived fi•om the annual implicit price deflator for gross national product as published by the United States Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year as follows: (A) The first revision is made by multiplying the original closure cost estimate by the inflation factor. The result is the revised closure cost estimate. (B) Subsequent revisions are made by multiplying the latest revised closure cost estimate by the latest inflation factor. (2) For changes in the closure plan, whenever the changes increase the cost of closure. (d) The permittee may revise the closure cost estimate downward whenever a change in the closure plan decreases the cost of closure or whenever portions of the solid waste land disposal facility have been certified for partial closure under: (1) 329 IAC 10 -22 -3; (2) 329 IAC 10 -30 -5; or (3) 329 IAC 10 -37 -5. (Solid Waste Management Division; 329IAC 10 -39 -2; filedMar 14, 1996, 5: 00 p. m.: 19IR 1919; fzledMar 19, 1998, 11: 07 a. m.: 21 IR 2817; filed Feb 26, 1999, 5:45 p. m.: 22 IR 2228; filed Azcg 2, 1999, 11:50 a.m.: 22 IR 3866; errata filed Sep 8,1999,11:38 a.m.: 23 IR 27; filed Feb 9, 2004 4:51 p.m.: 27 IR 1864, eff Apr 1, 2004, filed Jul 10, 2007, 2:26 p.m.: 20070808 -IR- 329050167FRA; filedMay 14, 2014, 11:02a.m.: 20140611- IR- 329110454FRA; erratafiledAug6, 2014, 3:12 p.m.: 20140827 -IR- 329140303ACA) Indiana Administrative Code Page 256