Section 160. Release of the owner or operator from the financial assurance requirements

A. Where the closure plan results in the termination of discharge to state waters and a VPDES permit for the discharge is no longer required, the board shall verify, within 60 days after receiving certification from the owner or operator that the closure plan has been completed in accordance with the requirements of the approved closure plan, permit or other order, whether the closure plan has been completed. Unless the board has reason to believe that the closure plan has not been implemented in accordance with the appropriate plan or other requirements, the board shall notify the owner or operator in writing that the owner or operator is no longer required to maintain financial assurance for the particular facility. Such notice shall release the owner or operator only from the requirements for financial assurance for the facility; it does not release the owner or operator from legal responsibility for meeting the facility closure standards. If no written notice of termination of financial assurance requirements or of failure to properly implement the closure plan is received by the owner or operator within 60 days after certifying proper implementation of the closure plan, the owner or operator may request the board for an immediate decision in which case the board shall respond within 10 days after receipt of such request.

B. Where a VDPES permit for the facility is no longer required under State Water Control Law, the board shall notify the owner or operator in writing that the owner or operator is no longer required to maintain financial assurance for the facility. Such notice shall release the owner or operator only from the requirements for financial assurance for the facility.

Historical Notes

Derived from Volume 18, Issue 04, eff. December 5, 2001.

Statutory Authority

§§ 62.1-44.15 and 62.1-44.18:3 of the Code of Virginia.