NDAC 33.1-20-14-08
Release of the owner or operator from the requirements of this chapter
Cite as N.D. Admin. Code ยง 33.1-20-14-08
1.
Release of financial assurance for completion of closure. After receiving certification from
the owner or operator and a qualified professional engineer that final closure has been
completed in accordance with the approved closure plan and upon review and approval by the
department, the department shall notify the owner or operator, in writing, that the owner or
operator is no longer required by this chapter to maintain financial assurance for final closure
of the facility. If the department has reason to believe that the final closure has not been in
accordance with the approved closure plan, the department shall provide the owner or
operator a detailed written statement of any such reason to believe that closure has not been
in accordance with the approved closure plan.
2.
Release of financial assurance for completion of postclosure care. After receiving
certification from the owner or operator and a qualified professional engineer that postclosure
care has been completed in accordance with the approved postclosure care plan and upon
review and approval by the department, the department shall notify the owner or operator, in
writing, that the owner or operator is no longer required by this chapter to maintain financial
assurance for postclosure care of the facility. If the department has reason to believe that the
postclosure care has not been in accordance with the approved postclosure care plan, the
department shall provide the owner or operator a detailed written statement of any such
reason to believe that postclosure care has not been in accordance with the approved
postclosure care plan.