OAR 340-104-0145
Financial Assurance for Post-Closure Care
(1)
This rule amends the requirements of 40 C.F.R. § 264.145.(2)
Intentionally left blank —Ed.(a)
The owner or operator of a disposal facility may choose a cash bond as specified in ORS 466.150 (Permit requirements)(6) or other equivalent financial assurance as specified in 40 C.F.R. § 264.145(a) through (h);(b)
The owner or operator of a treatment or storage facility subject to post-closure monitoring or maintenance requirements must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility and must choose one of the options specified in 40 C.F.R. § 264.145(a) through (h).(3)
Intentionally left blank —Ed.(a)
If an owner or operator uses the trust fund option specified in 40 C.F.R. § 264.145(a) to establish financial assurance for post-closure care of a facility, the owner or operator must also comply with subsection (3)(b) of this rule;(b)
During the period the current post-closure cost estimate (CE) exceeds the current value of the trust fund (CV), the owner or operator must also establish supplemental financial assurance in the amount CE-CV by choosing one of the options specified in 40 C.F.R. §§ 264.145(b) to 264.145(f).(4)
The phrase “Except as may be required by 40 C.F.R. § 264.145(f)(11)”, is added to the beginning of the first sentence of 40 C.F.R. § 264.145(f)(1).(5)
The phrase “An owner or operator that has a parent corporation may only meet . . . ” replaces the phrase “An owner or operator may meet . . . ” in the first sentence of 40 C.F.R. § 264.145(f)(11).
Source:
Rule 340-104-0145 — Financial Assurance for Post-Closure Care, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-104-0145.