Allowable mechanisms used to demonstrate financial assurance under Sections 010 to 018 must ensure that the funds necessary to meet the costs of closure, post-closure care, and remedial action for known releases will be available whenever they are needed. Any mechanism under Sections 010, 011, 012 and, where applicable, 018 shall be made payable to or held in trust for the benefit of the State and shall be approved by the Department. Owners and operators must choose from the options specified in 010 to 018 of this chapter.
An owner or operator will be considered to be without financial assurance in the event of bankruptcy of the trustee, insurance company, financial institution, guarantor, or other issuer of any mechanism used to demonstrate financial assurance. The owner or operator must establish alternate financial assurance within sixty (60) days after such an event.
132 Neb. Admin. Code, ch. 8, § 009