[Code of Federal Regulations]
[Title 40, Volume 17, Parts 199 to 259]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR258.72]

[Page 410-411]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS--Table of Contents
 
                 Subpart G--Financial Assurance Criteria
 
Sec. 258.72  Financial assurance for post-closure care.

    (a) The owner or operator must have a detailed written estimate, in 
current dollars, of the cost of hiring a third party to conduct post-
closure care for the MSWLF unit in compliance with the post-closure plan 
developed under Sec. 258.61 of this part. The post-closure cost estimate 
used to demonstrate financial assurance in paragraph (b) of this section 
must account for the total costs of conducting post-closure care, 
including annual and periodic costs as described in the post-closure 
plan over the entire post-closure care period. The owner or operator 
must notify the State Director that the estimate has been placed in the 
operating record.
    (1) The cost estimate for post-closure care must be based on the 
most expensive costs of post-closure care during the post-closure care 
period.
    (2) During the active life of the MSWLF unit and during the post-
closure care period, the owner or operator must annually adjust the 
post-closure cost estimate for inflation.
    (3) The owner or operator must increase the post-closure care cost 
estimate and the amount of financial assurance provided under paragraph 
(b) of this section if changes in the post-closure plan or MSWLF unit 
conditions increase the maximum costs of post-closure care.
    (4) The owner or operator may reduce the post-closure cost estimate 
and the amount of financial assurance provided under paragraph (b) of 
this section if the cost estimate exceeds the maximum costs of post-
closure care remaining over the post-closure care period. The owner or 
operator must notify the State Director that the justification for the 
reduction of the post-closure cost estimate and the amount

[[Page 411]]

of financial assurance has been placed in the operating record.
    (b) The owner or operator of each MSWLF unit must establish, in a 
manner in accordance with Sec. 258.74, financial assurance for the costs 
of post-closure care as required under Sec. 258.61 of this part. The 
owner or operator must provide continuous coverage for post-closure care 
until released from financial assurance requirements for post-closure 
care by demonstrating compliance with Sec. 258.61(e).