260.275. Scrap tire site, closure plan, contents--financial assurance instrument, purpose, how calculated.
Scrap tire site, closure plan, contents--financial assuranceinstrument, purpose, how calculated.
260.275. 1. Each operator of a scrap tire site shall ensure that thearea is properly closed upon cessation of operations. The department ofnatural resources may require that a closure plan be submitted with theapplication for a permit. The closure plan, as approved by thedepartment, shall include at least the following:
(1) A description of how and when the area will be closed;
(2) The method of final disposition of any scrap tires remaining onthe site at the time notice of closure is given to the department.
2. The operator shall notify the department at least ninety daysprior to the date he expects closure to begin. No scrap tires may bereceived by the scrap tire site after the date closure is to begin.
3. The permittee shall provide a financial assurance instrument insuch an amount and form as prescribed by the department to ensure that,upon abandonment, cessation or interruption of the operation of the site,an approved closure plan is completed. The amount of the financialassurance instrument shall be based upon the current costs of similarcleanups using data from actual scrap tire cleanup project bids received bythe department to remediate scrap tire sites of similar size. If scraptires are accumulated at a solid waste disposal area, the existing closurefinancial assurance instrument filed for the solid waste disposal area maybe applied to the requirements of this section. Any interest that accruesto any financial assurance instrument established pursuant to this sectionshall remain with that instrument and shall be applied against theoperator's obligation under this section until the instrument is releasedby the department. The director shall authorize the release of thefinancial assurance instrument after the department has been notified bythe operator that the site has been closed, and after inspection, thedepartment approves closure of the scrap tire site.
4. If the operator of a scrap tire site fails to properly implementthe closure plan, the director shall order the operator to implement suchplan, and take other steps necessary to assure the proper closure of thesite pursuant to section 260.228 and this section.
5. A coal-fired electric generating facility that burns tire-derivedfuel shall not be considered a scrap tire site or solid waste disposalarea.
(L. 1990 S.B. 530, A.L. 1995 S.B. 60 & 112, A.L. 2005 S.B. 225, A.L. 2009 H.B. 661)