40.13.090 Financial Assurance for Solid Management Waste Facilities

(a) As a condition for the issuance, modification, revision, or review of a solid waste management facility permit, the owner/operator shall provide assurance of adequate financial ability to:

(1) Respond to personal injury claims, public or private property damage claims, environmental and natural resource damage claims and response to release from the facility or equipment that may result from the construction, operation and/or closure of the facility;

(2) Provide for the cost of closure and post-closure maintenance in an amount equal to the estimated cost of closure and thirty years of post-closure maintenance;

(b) The evidence of financial assurance shall be in the form of a trust fund into which funds shall be deposited on an annual basis in amounts sufficient to meet closure and post-closure maintenance costs when needed, or an equivalent financial instrument or insurance or combination of such instruments acceptable to the SWMT and the Tribal Council. The SWMT shall review and approve such evidence.

The amounts that the owner/operator will deposit annually in the trust fund or other acceptable financial instrument shall ensure adequate resources for closure and post-closure maintenance.

The trust fund, or other accepted financial instrument or insurance, shall state that:

(1) The Tribe may draw upon the trust fund, in its discretion, to monitor and maintain facility before or after closure or to take any necessary remedial or cleanup actions; and

(2) The trust fund, insurance, or other approved financial instrument may not be closed or terminated without the written approval of the Tribe.