SECTION 252:515-27-32. Cost estimates for post-closure care

(a)   Post-closure cost estimate required. Post-closure cost estimates shall be submitted to the DEQ for approval. The estimate shall be a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the disposal facility in accordance with the permit, the approved post-closure plan, and the rules of this Chapter.

(b)   Amount. The cost estimate shall be set by the DEQ and equal the most expensive cost for post-closure care, as indicated by the post-closure plan.

(c)   Determination of post-closure cost estimate.

(1)   Post-closure cost estimates shall be determined in accordance with OAC 252:515-27-51.

(2)   A copy of the cost estimate shall be submitted to the DEQ for approval.

(3)   A copy of the approved estimate shall be placed in the operating record.

(d)   Increases required. Post-closure cost estimates and the amount of financial assurance provided must be increased if, at any time during the active life, changes to the post-closure plan or facility conditions increase the maximum cost of post-closure care.

(e)   Reduction allowed. Proposals for reduction of post-closure cost estimates and the amount of financial assurance required may be approved by the DEQ.

(1)   Estimate exceeds cost. To qualify for a reduction, the cost estimate must be demonstrated to exceed the maximum cost of post-closure during the remaining life of the facility.

(2)   Adequate assurance remains. The amount of security remaining after the reduction must adequately cover the estimated post-closure cost yet to be performed.

(3)   DEQ approval required. Financial assurance shall not be reduced until DEQ approval has been granted.

[Source: Added at 20 Ok Reg 1151, eff 6-1-03]