| (a) Applicability. This subchapter applies to owners
and operators required to perform post-closure care as set out in
Subchapter J of this chapter (relating to Closure and Post-Closure
Care). Financial assurance shall be established and maintained for
the duration of the post-closure care period as prescribed in §352.1241
of this title (relating to Post-Closure Care Requirements).
(b) Cost estimate. The owner or operator shall prepare
and include with the application for registration, a written cost
estimate in current dollars of the total cost of the 30-year post-closure
care period to perform post-closure care requirements as prescribed
in §352.1241 of this title. The cost estimate shall be based
on the costs of hiring a third-party to conduct post-closure care
maintenance. The most recent of these cost estimates approved by the
executive director is termed as the post-closure care cost estimate.
(c) Mechanism. No more than 90 days after the executive
director's approval of the registration, a financial assurance mechanism
acceptable to the executive director must be submitted for the cost
of post-closure care in an amount no less than the amount specified
in the approved cost estimate. Financial assurance for post-closure
care shall be demonstrated in compliance with Chapter 37, Subchapters
A - D of this title (relating to General Financial Assurance Requirements;
Financial Assurance Requirements for Closure, Post Closure, and Corrective
Action; Financial Assurance Mechanisms for Closure, Post Closure,
and Corrective Action; and Wording of the Mechanisms for Closure,
Post Closure, and Corrective Action), except as indicated in §352.1111
of this title (relating to Exceptions).
(d) Post-closure care financial assurance beyond the
initial 30 years. Owners and operators unable to make a demonstration
for ending the post-closure care period in accordance with §352.1241
of this title, shall continue to maintain financial assurance for
the post-closure care period specified in §352.1241 of this title.
At least 180 days before the end of the preceding post-closure care
period, a written cost estimate in current dollars shall be prepared
and submitted for the cost of continuing the post-closure care specified
in the registration for the additional period specified in §352.1241
of this title. The cost estimate shall be based on the cost of hiring
a third-party to perform the post-closure care. A financial assurance
mechanism acceptable to the executive director shall be submitted
for the continued post-closure care period in an amount approved by
the executive director. Financial assurance for post-closure care
shall be demonstrated in compliance with Chapter 37, Subchapters A
- D of this title except as indicated in §352.1111 of this title.
(e) Executive director executed post-closure care.
The executive director may use or direct the use of post-closure care
funds to perform post-closure care at a coal combustion residuals
unit when the executive director determines that a person has failed
to perform the post-closure care required under Subchapter J of this
chapter.
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