35 Ill. Adm. Code 845.930
Cost Estimates
Section
845.930 Cost Estimates
a) The owner or operator must prepare and submit to
the Agency, for approval, written cost estimates for:
1) The
total costs for closure and post-closure care;
2) Preliminary corrective action costs; and
3) The total costs of the corrective action plan for
remediation of any releases from a CCR surface impoundment.
b) Written Cost Estimate for Closure
and Post-closure
1) The owner or operator must have a detailed written
estimate, in current dollars, of the cost of closing the CCR surface
impoundment in accordance with this Part and providing post-closure care on an
annual basis, when required, in accordance with this Part. The cost estimate
is the total cost for closure and post-closure care.
2) The cost
estimate must equal the cost of
final closure and post-closure care at the point in the CCR surface
impoundment's active life when the extent and manner of its operation would
make closure and post-closure care the most expensive.
3) The cost estimate must be based on the assumption
that the Agency will contract with a third party
at the appropriate
prevailing wages, under the Prevailing Wage Act [820 ILCS 130], if applicable,
to implement the closure and post-closure
care plans.
A third party is a party who is neither a parent nor a
subsidiary of the owner or operator.
4) The cost estimate may not be reduced by allowance
for the salvage value of facility structures or equipment, for the resale value
of land, for the sale of CCR or its beneficial reuse if permitted by the Agency
under this Part, or for other assets associated with the facility at the time
of partial or final closure.
5) The
owner or operator must not incorporate
a zero cost for CCR, if permitted by the Agency under this Part, that might
have economic value.
6) The cost estimate must, at a
minimum, include all costs for all activities necessary to close the CCR
surface impoundment and provide post-closure care in accordance with all requirements.
7) The post-closure care portion of the cost estimate
must, at a minimum, be based on the following elements:
A) Maintaining the
integrity and effectiveness of the final cover system, including making repairs
to the final cover as necessary to correct the effects of settlement,
subsidence, erosion, or other events, and preventing run-on and run-off from
eroding or otherwise damaging the final cover;
B) If the CCR
surface impoundment is subject to the design criteria of Section 845.420,
maintaining the integrity and effectiveness of the leachate collection and
removal system and operating the leachate collection and removal system in
accordance with the requirements of Section 845.420; and
C) Maintaining the
groundwater monitoring system and monitoring the groundwater in accordance with
the requirements of this Part.
c) Cost Estimate for Corrective Action
1) Preliminary Corrective Action Cost Estimate. An
owner or operator of a CCR surface impoundment with a release that has caused
an exceedance of the groundwater protection standard in Section 845.600, or
groundwater quality standard in 35 Ill. Adm. Code 620, must provide a
preliminary corrective action cost estimate that is equal to 25% of the costs
calculated under subsection (b).
2) Corrective Action Cost Estimate. The owner or
operator must provide to the Agency a detailed written estimate, in current
dollars, of the cost of hiring a third party
at the appropriate
prevailing wages, under the Prevailing Wage Act, if applicable,
to implement the approved corrective
action plan in accordance with this Part. The corrective action cost estimate
must account for the total costs of corrective action activities as described
in the approved corrective action plan for the entire corrective action period.
3) The owner or operator must annually adjust the
cost estimates in this subsection (c) for inflation (see Section 845.940(a))
until the approved corrective action plan is completed.
4) The owner or operator must increase the corrective
action cost estimates in this subsection (c) and the amount of financial
assurance provided if changes in the corrective action plan or CCR surface
impoundment conditions increase the maximum costs of corrective action.
5) The owner or operator may
reduce the amount of the corrective action cost estimate, upon Agency approval,
if the cost estimate exceeds the maximum remaining costs of corrective action.