§ 27A-2-10-701. Site closure plan - Financial security.

A.  All disposal site owners shall provide a closure plan to the Department of Environmental Quality for approval which defines operational phases and includes cost estimates, and plans and specifications for final closure.  A site may be closed in phases according to a closure plan approved by the Department.

1.  Owners of landfills that receive household solid waste, defined as Municipal Solid Waste Landfill Facilities in the federal regulations adopted under Subtitle D of the federal Solid Waste Disposal Act, and owners of commercial nonhazardous industrial waste landfills shall provide for the maintenance and monitoring of such works for thirty (30) years.  Provided, the owner of any landfill that stops receiving waste on or before April 9, 1994, and has completed final closure of the site on or before October 9, 1994, shall provide for the maintenance and monitoring of such site for eight (8) years after final closure has been completed.  A permittee who stopped receiving waste at his permitted solid waste municipal landfill on or before April 9, 1994, may apply to the Department for a modification of his permit to operate an on-site solid waste transfer station, a yard-waste composting facility or a citizen's collection station.  Provided no land disposal occurs, such site shall not require monitoring or financial assurance as a municipal solid waste landfill.

2.  Generator owned and operated private industrial nonhazardous monofills shall only be required to have an eight-year postclosure period or such postclosure time period as may be mandated under the federal Solid Waste Disposal Act.  Generator owned and operated private industrial nonhazardous landfill disposal sites and all construction and demolition landfill disposal sites shall only be required to have an eight-year postclosure period or such postclosure time period as may be mandated under the federal Solid Waste Disposal Act or determined necessary by the Department on a case-by-case basis considering the nature of the waste disposed.

3.  Disposal sites other than land disposal sites shall have a closure plan which would accomplish the removal and proper disposal of any remaining waste and the elimination of potential environmental health hazards.

B.  The Department shall require that financial assurances be provided in an amount sufficient to cover the estimated cost of closure and any postclosure.  The Department shall establish financial assurance mechanisms which will ensure that the funds necessary to meet the costs of closure, postclosure care and corrective action for known releases will be available whenever such funds are needed.  An increase in financial assurance shall be required when any permittee deviates from the approved closure plan or when the cost of closure or postclosure is found to have increased.  Owners of landfills that receive household solid waste shall increase financial assurance if corrective action is required.

C.  1.  Disposal site owners as identified in subsection A of this section shall provide financial assurance to guarantee the performance of final closure and for any required postclosure as required by the Department pursuant to this section.  Except in cases where owners utilize a financial test provided by rule, the state shall be the sole beneficiary of any such assurance solely for the cost of performance of closure and postclosure and shall have a security interest therein.

2.  The financial assurance shall be in a form described in rules promulgated by the Environmental Quality Board or the owner may provide the Department with cash or certificates of deposit payable to the Department of Environmental Quality Revolving Fund for deposit with the State Treasurer's Office.

3.  Disposal site owners may satisfy the financial assurance requirements of this section by creating a trust in accordance with the federal regulations adopted under Subtitle D of the federal Solid Waste Disposal Act.  Municipal solid waste disposal site owners may satisfy the financial assurance requirements of this section by creating an escrow account in accordance with Board rules adopted under the Oklahoma Solid Waste Management Act.  These financial assurance mechanisms shall provide for payments by the disposal site owner which will allow for closure and corrective action obligations to be spread out over the economic life of the disposal site, but shall not exceed fifteen (15) years.

4.  Owners of disposal sites which receive waste after April 9, 1994, shall provide financial assurance for closure and any applicable postclosure on or before April 9, 1995, unless such date is extended by the federal Environmental Protection Agency pursuant to Subtitle D of the federal Resource, Conservation and Recovery Act.  If any disposal site owner fails to provide such financial assurance by the applicable deadline, the Department shall cause the landfill disposal site permit to be summarily suspended by order.  The Department shall initiate the process of revoking the permit and may require closure of the landfill.  This subsection shall not apply to units of the federal government.

5.  Financial assurance provided prior to June 8, 1994, as a condition of issuance of any permit or any agreement with the Department shall continue in effect unless the permittee replaces such assurance with an additional mechanism or combination of mechanisms authorized by the Department.

6.  In lieu of the performance guarantee mechanisms specified in this section, owners or operators of a nonhazardous industrial solid waste landfill which is owned or operated by an industry or manufacturer for its exclusive noncommercial use may satisfy the financial assurance requirements for closure, postclosure and maintenance by meeting the requirements of a corporate financial test and corporate guarantee similar to that applicable to hazardous waste facilities.

7.  Any unit of local government or public trust of which it is a beneficiary may satisfy financial assurance requirements for closure and, when required, postclosure, by participating in a statewide trust capable of guaranteeing performance of such closure and postclosure.

8.  Solid waste transfer stations, processing facilities, or composting facilities are exempt from the financial assurance requirements of this section if they principally manage municipal solid waste.

D.  When financial assurance is required, it shall remain in effect until closure and any postclosure is completed.  The amount of such assurance shall be set by the Department and shall not be less than the anticipated cost of contracting for performance of each phase of the closure plan and postclosure.  The Department may allow a reduction in the amount of assurance to reflect the anticipated costs which remain.

Added by Laws 1983, c. 156, § 2, emerg. eff. May 31, 1983.  Amended by Laws 1984, c. 72, § 1, emerg. eff. March 29, 1984; Laws 1985, c. 109, § 2, emerg. eff. May 29, 1985; Laws 1986, c. 113, § 2, emerg. eff. April 9, 1986; Laws 1990, c. 225, § 7, eff. Sept. 1, 1990.  Renumbered from § 2258.3 of Title 63 by Laws 1990, c. 217, § 10, eff. Sept. 1, 1990 and by Laws 1990, c. 225, § 11, eff. Sept. 1, 1990.  Amended by Laws 1991, c. 336, § 8, eff. July 1, 1991; Laws 1992, c. 50, § 5, emerg. eff. April 8, 1992.  Renumbered from § 1-2416 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1993, c. 167, § 1, emerg. eff. May 10, 1993; Laws 1994, c. 338, § 4, emerg. eff. June 8, 1994; Laws 1995, c. 341, § 4, eff. Jan. 1, 1996; Laws 1996, c. 59, § 2, emerg. eff. April 9, 1996; Laws 1997, c. 371, § 3, eff. July 1, 1997; Laws 1998, c. 401, § 5, emerg. eff. June 10, 1998; Laws 2003, c. 118, § 10, emerg. eff. April 22, 2003.

Note

NOTE:  Renumbering by Laws 1990, c. 217, § 10 editorially modified to conform to renumbering by Laws 1990, c. 225, § 11.

NOTE:  Laws 1993, c. 145, § 160 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.