Section 132-8-017 - Local Government GuaranteeAn owner or operator may demonstrate financial assurance for closure, post-closure and remedial action, as required by Sections 004, 006, and 008, by obtaining a written guarantee provided by a local government. A Local government must be a general purpose primary government, a legally separate and fiscally independent entity, and must have clear responsibility for meeting their own financial commitments. Enterprise funds, joint ventures, agencies, coalitions, special districts, and other such government units, are not eligible to use the local government financial test or guarantee as a separate government entity; however the individual local government partners in these government units or the overseeing general purpose government in the case of the enterprise fund are eligible to provide a local government guarantee. The guarantor must meet the requirements of the local government financial test in Section 015, and must comply with the terms of a written guarantee.
017.01 Terms of the written guarantee The guarantee must be effective and all required submissions provided to the Department and a copy placed in the operating record before the initial receipt of waste in the case of closure, post-closure care, or no later that 120 days after the remedial action workplan has been approved by the Department. The guarantee must provide that:
017.01A If the owner or operator fails to perform closure, post-closure care, and /or remedial action of a facility covered by the guarantee, the guarantor will: 017.01A1 Perform, or pay a third party to perform, closure, post-closure care, and/or remedial action as required (performance guarantee); or017.01A2 Establish a fully funded trust fund as specified in Section 010 in the name of the owner or operator (payment guarantee).017.01B The guarantee will remain in force as long as the owner or operator must comply with the applicable financial assurance requirements of this chapter unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.017.01C If the guarantor sends notice of cancellation, the owner or operator must, within 90 days following the receipt of the cancellation notice by the owner or operator and the Department, provide alternate financial assurance to the Department and place evidence of that alternate financial assurance in the facility operating record. If the owner or operator fails to provide alternate financial assurance within the 90-day period, the guarantor must provide to the Department alternate assurance within 120 days following the guarantor's notice of cancellation and place evidence of the alternate assurance in the facility operating record.017.02 Recordkeeping and reporting 017.02A The owner or operator must provide a certified copy of the guarantee along with the items required in Section 015.03 to the Department and place a copy into the facility's operating record before the initial receipt of waste in the case of closure, post-closure care, or no later that 120 days after the remedial action workplan has been approved by the Department.017.02B The owner or operator is no longer required to maintain the items specified in Section 017.02 when: 017.02B1 The owner or operator substitutes alternate financial assurance as specified in this chapter; or017.02B2 The owner or operator is released from the requirements of this chapter in accordance with Sections 004, 006, or 008.017.02C If the local government guarantor no longer meets the requirements of Section 015, the owner or operator must, within 90 days, provide alternative assurance to the Department, and place evidence of the alternate assurance in the facility operating record. If the owner or operator fails to obtain alternate financial assurance within the 90-day period, the guarantor must provide that alternate assurance to the Department within the next 30 days, and place evidence of the alternate assurance in the facility operating record.132 Neb. Admin. Code, ch. 8, § 017
Amended effective 5/17/2016.