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8-6-1603. Procedures generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-1603. Procedures generally.
(a)Financial Assurance for Closure.
(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the facility requiring closure as required under the rules issued pursuant to this subchapter and the permit during the active life of the facility in accordance with the closure plan.
(2) The cost estimate shall equal the cost of closing the largest area of any solid waste management facility requiring closure at any time during its active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan.
(3) During the active life of the solid waste management facility, the owner or operator shall annually adjust the closure cost estimate for inflation.
(4)(A) The owner or operator shall establish financial assurance for closure of any permitted solid waste management facility in compliance with the rules issued pursuant to this subchapter and the permit.
(B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for closure until released from financial assurance requirements by demonstrating compliance with rules issued pursuant to this subchapter and the permit.
(C) The amount of financial assurance shall be in accordance with § 8-6-1002(e) and the rules issued in § 8-6-1002(e).
(b)Financial Assurance for Post-closure Care.
(1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care in compliance with the post-closure plan developed under the rules issued pursuant to this subchapter and the permit.
(2) The cost estimate for post-cl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-1603
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-6-1603
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 247ecfcf38cb9d6a1ecbd5c3220b612b06fa92cb6ddedb89b08e95bb7dc7ea58
Source location: content.xml paragraph 6209
Stored source content
8-6-1603. Procedures generally.
(a)Financial Assurance for Closure.
(1) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of the facility requiring closure as required under the rules issued pursuant to this subchapter and the permit during the active life of the facility in accordance with the closure plan.
(2) The cost estimate shall equal the cost of closing the largest area of any solid waste management facility requiring closure at any time during its active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan.
(3) During the active life of the solid waste management facility, the owner or operator shall annually adjust the closure cost estimate for inflation.
(4)(A) The owner or operator shall establish financial assurance for closure of any permitted solid waste management facility in compliance with the rules issued pursuant to this subchapter and the permit.
(B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for closure until released from financial assurance requirements by demonstrating compliance with rules issued pursuant to this subchapter and the permit.
(C) The amount of financial assurance shall be in accordance with § 8-6-1002(e) and the rules issued in § 8-6-1002(e).
(b)Financial Assurance for Post-closure Care.
(1) The owner or operator shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care in compliance with the post-closure plan developed under the rules issued pursuant to this subchapter and the permit.
(2) The cost estimate for post-closure care shall be based on the most expensive costs of post-closure care during the post-closure care period.
(3) During the active life of the solid waste management facility and during the post-closure care period, the owner or operator shall annually adjust the post-closure cost estimate for inflation.
(4)(A) The owner or operator shall establish financial assurance for costs of post-closure care of any permitted solid waste management facility in compliance with rules issued pursuant to this subchapter and the permit.
(B) The owner or operator of any solid waste management facility shall provide continuous financial assurance coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with rules issued pursuant to this subchapter and the permit.
(c)Financial Assurance for Corrective Action.
(1) The owner or operator, if required to undertake a corrective action program under rules issued pursuant to this subchapter, shall have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective action in accordance with rules issued pursuant to this subchapter.
(2)(A) The owner or operator of any solid waste management facility shall establish financial assurance for the most recent corrective action program.
(B) The owner or operator shall provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with rules issued pursuant to this subchapter.
(d)Allowable Mechanisms.
(1) The mechanisms used to demonstrate financial assurance under this section shall ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases will be available whenever they are needed.
(2) The financial mechanisms shall be legally valid, binding, and enforceable under state and federal law.
(3) Owners and operators shall choose from the options specified in rules issued pursuant to this subchapter.
(4)(A) A municipality or county that owns or operates a solid waste management facility receiving any non-RCRA, Subtitle D waste may, in lieu of a performance bond, execute a contract of obligation with the Director of the Division of Environmental Quality.
(B) The contract of obligation shall be a binding agreement on the municipality or county, allowing the director or his or her designee to collect any general revenues being disbursed or to be disbursed from the state to the municipality or county on the failure of the municipality or county to fulfill the financial assurance requirements of this subchapter and rules issued pursuant to this subchapter.
(C) To assure that adequate funds necessary to meet the estimated costs for closure and post-closure care of any non-RCRA, Subtitle D solid waste management facility are available whenever they are needed, the estimated annual general revenue amount pledged under a contract of obligation shall be at least equal to but not less than the estimated annual cost for closure and post-closure care to satisfy the financial assurance requirements for closure and post-closure care of this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-1002. Creation.
(a)(1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Landfill Post-Closure Trust Fund”.
(2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to this subchapter and any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund and all interest earned upon moneys deposited into the fund.
(3) Moneys received into the fund may also be used by the Division of Environmental Quality for administrative purposes at a level not to exceed three hundred thousand dollars ($300,000) annually with an annual escalator not to exceed three percent (3%).
(b)(1) The fund shall be administered by the division, which shall authorize funding and administrative expenditures from the fund according to the provisions of this subchapter.
(2)(A) The fund shall be administered by the division and shall be used by the division for landfill post-closure corrective action.
(B) The fund shall be used only if the Director of the Division of Environmental Quality determines that:
(i) A landfill which is no longer receiving waste, regardless of when it ceased operating, is causing groundwater contamination or is causing other contamination that is a hazard to public health or endangers the environment; and
(ii) The owner or operator of the landfill site has expended at least ten thousand dollars ($10,000) toward corrective action, unless the owner or operator cannot be located or the director determines an emergency exists necessitating immediate corrective action.
(3) The fund shall be admini
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-1002
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-6-1002. This identifies an authority to review, not proof of applicability.