(a) Before hazardous waste may be stored, processed, or disposed
of at a solid waste facility subject to this subchapter, the owner or operator
must:
(1) establish financial assurance for the amount of the closure
cost estimate in a manner that meets the requirements of Chapter 37, Subchapter
P of this title (relating to Financial Assurance for Hazardous and Nonhazardous
Industrial Solid Waste Facilities), in addition to the requirements specified
in §335.112(a)(7) of this title (relating to Standards).
(2) establish financial assurance for the amount of the
post closure cost estimate in a manner that meets the requirements of Chapter
37, Subchapter P of this title, in addition to the requirements specified
in §335.112(a)(7) of this title, if the facility:
(A) includes a disposal facility;
(B) includes a pile, and/or surface impoundment from which
the owner or operator intends to remove the wastes at closure, to the extent
that these sections are made applicable to such facilities in §335.112
of this title;
(C) includes a tank system that is required under §335.112
of this title to meet the requirements for landfills;
(D) includes a containment building that is required under §335.112
of this title to meet the requirements for landfills; or
(E) is notified by the executive director of the need for post
closure financial assurance for another type of unit.
(b) Before hazardous waste may be stored, processed, or disposed
of at a solid waste facility or a group of such facilities subject to this
subchapter, the owner or operator must establish financial assurance for bodily
injury and property damage to third parties caused by sudden accidental occurrences
arising from operations of the facility or group of facilities in a manner
that meets the requirements of Chapter 37 of this title (relating to Financial
Assurance).
(c) Before hazardous waste may be stored, processed, or disposed
of at a solid waste facility containing a surface impoundment, landfill, land
treatment facility, or disposal miscellaneous unit used to manage hazardous
waste or a group of such facilities subject to this subchapter, the owner
or operator must establish financial assurance for bodily injury and property
damage to third parties caused by nonsudden accidental occurrences arising
from operations of the facility or group of facilities in a manner that meets
the requirements of Chapter 37 of this title.
(d) If the executive director determines that there is a significant
risk to human health and the environment from nonsudden accidental occurrences
resulting from the operations of a hazardous industrial solid waste facility
that is not a surface impoundment, landfill, or land treatment facility, the
owner or operator may be required to comply with subsection (c) of this section.
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