| (C) be based on a volume (cubic yard) and/or weight
(pound, ton) measure for collection and disposition costs.
(2) An increase in the closure cost estimate and the
amount of financial assurance provided under subsection (n) of this
section must be made if changes to the facility conditions increase
the maximum cost of closure at any time during the active life of
the facility.
(3) A reduction in the closure cost estimate and the
amount of financial assurance provided under subsection (n) of this
section may be approved if the cost estimate exceeds the maximum cost
of closure at any time during the operation of the facility. A reduction
in the cost estimate and the financial assurance must be considered
a modification and the owner or operator shall provide a detailed
justification for the reduction of the closure cost estimate and the
amount of financial assurance.
(n) Financial assurance. A copy of the documentation
required to demonstrate financial assurance as specified in Chapter
37, Subchapter R of this title (relating to Financial Assurance for
Municipal Solid Waste Facilities) shall be submitted 60 days prior
to the initial receipt of waste. Continuous financial assurance coverage
for closure must be provided until all requirements of the final closure
plan have been completed and the facility is determined to be closed
in writing by the executive director.
(o) Site operating plan. This plan will provide general
operating procedures for facility management for day-to-day operations
at the facility. At a minimum, the site operating plan must include
a description for how the items in §326.75 of this title (relating
to Site Operating Plan) will be implemented. A facility that has an
environmental management system that meets the minimum standards described
in §90.30 of this title (relating to Minimum Standards for Environmental
Management Systems) and is approved to operate under an environmental
management system in accordance with §90.31 of this title (relating
to Review of Incentive Applications for Environmental Management System),
is not subject to site operating plan requirements while the authorization
to operate under the environmental management system remains in place.
In the event the executive director terminates authorization to operate
under an environmental management system, the facility must comply
with the site operating plan requirements within 90 days.
(p) The approved site operating plan, the final closure
plan, and all other documents and plans required by this chapter shall
become operational requirements and shall be considered a part of
the operating record of the facility. Any deviation from the registration,
the incorporated plans, or any other documents associated with the
registration is a violation of this chapter.
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