Kan. Admin. Regs. § 28-29-2111

Current through Register Vol. 43, No. 50, December 12, 2024

Section 28-29-2111 - Financial assurance provided by a local government guarantee

(a) Local government guarantee. Each owner or operator of a municipal solid waste landfill may satisfy the requirements of K.A.R. 28-29-2101 or K.A.R. 28-29-2102, or both, by obtaining a written guarantee for closure, postclosure, or corrective action costs, or any combination of these, that is provided by a local government subdivision of the state of Kansas as specified in this regulation. The guarantor shall comply with the following:

(1) The requirements of the financial component for use of the local government financial test as specified in K.A.R. 28-29-2110(b);

(2) the public notice requirements of K.A.R. 28-29-2110(c);

(3) the record keeping and reporting requirements of K.A.R. 28-29-2110(d); and

(4) the terms of the guarantee.

(b) Form of the local government guarantee. The guarantor shall provide a written guarantee that is worded identically to the document provided by the department.

(c) Effective date of the guarantee. A guarantee of closure or postclosure, or both, for a new permit shall be in force before the permit is issued by the department. A guarantee for corrective action shall be in force within the times specified in K.A.R. 28-29-2102 (d).

(d) Record keeping and reporting requirements. Copies of the guarantee, with original signatures, shall be placed in the facility operating record of the owner or operator and filed with the department, with the documents specified for use by the owner or operator in K.A.R. 28-29-2110(d). The documentation shall be completed using the financial information and reports of the guarantor. These documents shall be updated and filed annually.

(e) Provisions of the guarantee. The terms of the guarantee shall stipulate the following:

(1) If the owner or operator fails to perform closure, postclosure, corrective action, or any combination of these, for the permitted facility covered by the guarantee when required to do so by the department or a court of competent jurisdiction, the guarantor shall perform either of the following:

(A) Perform or pay a third-party to perform closure, postclosure, corrective action, or any combination of these, as required by the department or any court of competent jurisdiction; or

(B) establish a fully funded trust fund as specified in K.A.R. 28-29-2103, in the name of the owner or operator, in the amount of the current cost estimate for closure, postclosure, corrective action, or any combination of these, whichever is greatest.

(2) The guarantee shall remain in effect unless the guarantor sends notice of cancellation by certified mail to both the owner or operator and the department. Cancellation shall not occur, however, during the 120 days beginning on the date by which both the owner or operator and the department have received the notice of cancellation, as evidenced by the return receipts.

(3) If the guarantee is canceled, the owner or operator shall, within 90 days following the date by which both the owner or operator and the department have received the cancellation notice, obtain alternate financial assurance as specified in K.A.R. 28-29-2101(b) and obtain approval from the department. If the owner or operator fails to provide alternate financial assurance within the 90-day period, the guarantor shall provide the alternate financial assurance in the name of the owner or operator within the next 30 days.

(f) Failure of the guarantee. If the local government guarantor no longer meets the requirements of K.A.R. 28-29-2110(b), the owner or operator shall, within 90 days, obtain alternate financial assurance as specified in K.A.R. 28-29-2101(b) and obtain approval from the department for its use. If the owner or operator fails to provide the alternate financial assurance within the 90-day period, the guarantor shall, within the next 30 days, provide the alternate financial assurance in the name of the owner or operator.

(g) Release of the guarantee. The owner or operator shall no longer be required to meet the requirements of this regulation if any of the following occurs:

(1) The owner or operator substitutes an alternative method of financial assurance as specified in K.A.R. 28-29-2101(b) and obtains written approval for its use from the department.

(2) The owner or operator is released by the department from further obligation for closure, postclosure, or both, at the permitted facility.

(3) The owner or operator completes the required corrective action and is released from further obligation by the department or any court of competent jurisdiction.

(h) The provisions of this regulation shall apply on and after February 24, 2000.

Kan. Admin. Regs. § 28-29-2111

Authorized by K.S.A. 1998 Supp. 65-3406; implementing K.S.A. 1998 Supp. 65-3407, as amended by L. 1999, Ch. 112, Sec. 1; effective Feb. 24, 2000.