(a) An owner or operator may satisfy the requirements of this
chapter by establishing more than one financial assurance mechanism per facility.
These mechanisms are limited to those specified in this chapter. For closure,
post closure, or corrective action, the financial test or corporate guarantee
may not be combined with another mechanism. For liability coverage, the owner
or operator may not combine a financial test covering part of the liability
coverage requirement with a guarantee unless the financial statement of the
owner or operator is not consolidated with the financial statement of the
guarantor.
(b) It shall be the combination of mechanisms, rather than
the single mechanism, which shall provide financial assurance for an amount
that must be at least equal to the minimum financial assurance requirements
of this chapter.
(c) If an owner or operator uses a trust fund in combination
with a surety bond or irrevocable standby letter of credit, the owner or operator
may use that trust fund as the standby trust fund for the other mechanisms.
(d) A single standby trust may be established for two or more
mechanisms.
(e) The executive director may call on any or all of the mechanisms
to satisfy the requirements for which financial assurance was provided.
(f) If an owner or operator demonstrates the required liability
coverage through the use of a combination of financial assurance mechanisms,
the owner or operator shall specify at least one such assurance as "primary"
coverage and shall specify other assurance as "excess."
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