Section 324.11525b - Continuous financial assurance coverage required; request for termination of requirements.

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994

324.11525b Continuous financial assurance coverage required; request for termination of requirements.

Sec. 11525b.

(1) The owner or operator of a disposal area shall provide continuous financial assurance coverage until released from these requirements by the department under the provisions of this part.

(2) The owner or operator of a landfill who has completed postclosure maintenance and monitoring of the landfill in accordance with this part, rules promulgated under this part, and approved postclosure plan may request that financial assurance required by sections 11523 and 11523a be terminated. A person requesting termination of bonding and financial assurance shall submit to the department a statement that the landfill has been monitored and maintained in accordance with this part, rules promulgated under this part, and approved postclosure plan for the postclosure period specified in section 11523 and shall certify that the landfill is not subject to corrective action under section 11515. Within 60 days of receiving a statement under this subsection, the department shall perform a consistency review of the submitted statement, and if approved, shall notify the owner or operator that he or she is no longer required to maintain financial assurance, shall return or release all financial assurance mechanisms, and shall notify the custodian of the perpetual care fund that money from the fund shall be disbursed as provided in section 11525(10). The department shall provide within 60 days the owner or operator with a detailed written statement of the reasons why the department has determined that postclosure maintenance and monitoring and corrective action, if any, have not been conducted in accordance with this part, the rules promulgated under this part, or an approved postclosure plan.


History: Add. 1996, Act 358, Eff. Oct. 1, 1996
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act