Section 20-49 - Financial Assurance for Facility Closure and Corrective Action (a) General. - (i) Every confined swine feeding operation permitted under these regulations shall provide financial assurance equal to the sum of the costs estimated following Section 47 for closure; Section 21 and the appropriate Solid and Hazardous Waste Division Rules and Regulations for a solid waste facility, if required; and Section 48 for the corrective action contingency bond.
- (ii) Final determination of the amounts of financial assurance requirements shall be made by the Division.
- (iii) The Department shall have the right to conduct an independent review of a surety or a financial institution for its ability to ensure performance under the instrument of financial assurance. The Department shall deny, in whole or in part, any proposed form of financial assurance determined inadequate or lacking in soundness.
- (iv) Evidence of the selected forms of financial assurance shall be filed with the Division as part of the permit application. Financial assurance shall be accepted by the Division before a permit is approved. Valid financial assurance shall be a condition of conducting a confined swine feeding operation.
- (v) The Division may reject the proposed forms of assurance of financial responsibility if the evidence submitted, in the Division 's sole judgment, does not adequately ensure that funds will be available as required by these regulations. The permittee shall be notified by the Administrator of the decision to accept or reject the proposed forms of financial assurance according to Section 14, Approval or Denial of a Permit Application.
- (vi) All forms of financial assurance shall be made payable to the Department upon demand and shall not be subject to any liens or setoffs. The submittal and acceptance of any form of financial assurance shall be conditioned upon the requirements set forth in these regulations.
(b) Failure to provide an increased amount of financial assurance required by these regulations shall be a failure to satisfy the requirement to demonstrate financial assurance and shall be cause for revocation of the financial assurance and the permit.
020-20 Wyo. Code R. § 20-49