260.226. Closure of facility, plan to be submitted, contents--notice, when--financial assurance instrument, release of, when--exceptions.
Closure of facility, plan to be submitted, contents--notice,when--financial assurance instrument, release of,when--exceptions.
260.226. 1. Each operator of a solid waste disposal areashall insure that the area is properly closed upon cessation ofoperations. Each operator shall submit a closure plan with theapplication for a permit. Operators of currently permittedsanitary landfills shall submit a closure plan within one yearfrom August 13, 1986. The plan, as approved by the department,shall include at least the following:
(1) A description of how and when the area will be closedand, if applicable, a description of plans for closing portionsof the area during the operational life of the area;
(2) A written estimate, in current dollars, of the cost ofclosure of the total area and, if applicable, an estimate of thecost of closing portions of the area during the operational lifeof the area in accordance with sections 260.200 to 260.245. Theestimate shall equal the cost of closure at the time in thearea's life when the extent and manner of its operation wouldmake closure the most expensive unless the closure plandemonstrates that the most expensive closure can be avoided inwhich case the estimate shall equal the cost of closure basedupon the closure plan.
2. The operator shall amend the closure plan wheneverchanges in operating plans, area design or closure costs affectthe closure plan. When the operator requests a permitmodification to authorize a change in operating plans or areadesign, he shall request a modification of the closure plan atthe same time.
3. The operator shall notify the department at least onehundred eighty days prior to the date he expects to beginclosure. Closure shall begin within thirty days after the dateon which the operator receives the final volume of waste.
4. The permittee shall provide a financial assuranceinstrument in such amount and form as prescribed by thedepartment to insure that, upon abandonment, cessation orinterruption of the operation of the area, an approved closureplan is completed. Operators of currently permitted disposalareas shall provide a suitable financial assurance instrumentprior to January 1, 1988. Any interest which accrues to anyfinancial assurance instrument established pursuant to thissection shall remain with that instrument and shall be appliedagainst the operator's obligation under this section until theinstrument is released by the department as provided insubsection 5 of this section.
5. The department shall inspect a solid waste disposal area,or some portion thereof as specified in the closure plan, whennotified by the operator that the area has been closed. If theinspection reveals that the approved closure plan has beenproperly effected, the director shall authorize the release, orproportional release, of the financial instrument required underthis section.
6. Operators of a solid waste disposal area as part of apermit issued under sections 444.500 to 444.905, RSMo, shall notbe required to submit closure and post-closure plans or providethe financial assurance instruments required under this act*.
(L. 1986 S.B. 475)*"This act" (S.B. 475, 1986) contained numerous sections. Consult Disposition of Sections table for a definitive listing.