{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-10-701","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-10-701","heading":"Site closure plan - Financial security","body":"A. All disposal site owners shall provide a closure plan to the\n\nDepartment of Environmental Quality for approval which defines\n\noperational phases and includes cost estimates, and plans and\n\nspecifications for final closure. A site may be closed in phases\n\naccording to a closure plan approved by the Department.\n\n1. Owners of landfills that receive household solid waste,\n\ndefined as Municipal Solid Waste Landfill Facilities in the federal\n\nregulations adopted under Subtitle D of the federal Solid Waste\n\nDisposal Act, and owners of commercial nonhazardous industrial waste\n\nlandfills shall provide for the maintenance and monitoring of such\n\nworks for thirty (30) years. Provided, the owner of any landfill\n\nthat stops receiving waste on or before April 9, 1994, and has\n\ncompleted final closure of the site on or before October 9, 1994,\n\nshall provide for the maintenance and monitoring of such site for\n\neight (8) years after final closure has been completed. A permittee\n\nwho stopped receiving waste at his permitted solid waste municipal\n\nlandfill on or before April 9, 1994, may apply to the Department for\n\na modification of his permit to operate an on-site solid waste\n\ntransfer station, a yard-waste composting facility or a citizen's\n\ncollection station. Provided no land disposal occurs, such site\n\nshall not require monitoring or financial assurance as a municipal\n\nsolid waste landfill.\n\n2. Generator owned and operated private industrial nonhazardous\n\nmonofills shall only be required to have an eight-year postclosure\n\nperiod or such postclosure time period as may be mandated under the\n\nfederal Solid Waste Disposal Act. Generator owned and operated\n\nprivate industrial nonhazardous landfill disposal sites and all\n\nconstruction and demolition landfill disposal sites shall only be\n\nrequired to have an eight-year postclosure period or such\n\npostclosure time period as may be mandated under the federal Solid\n\nWaste Disposal Act or determined necessary by the Department on a\n\ncase-by-case basis considering the nature of the waste disposed.\n\n3. Disposal sites other than land disposal sites shall have a\n\nclosure plan which would accomplish the removal and proper disposal\n\nof any remaining waste and the elimination of potential\n\nenvironmental health hazards.\n\nB. The Department shall require that financial assurances be\n\nprovided in an amount sufficient to cover the estimated cost of\n\nclosure and any postclosure. The Department shall establish\n\nfinancial assurance mechanisms which will ensure that the funds\n\nnecessary to meet the costs of closure, postclosure care and\n\ncorrective action for known releases will be available whenever such\n\nfunds are needed. An increase in financial assurance shall be\n\nrequired when any permittee deviates from the approved closure plan\n\nor when the cost of closure or postclosure is found to have\n\nincreased. Owners of landfills that receive household solid waste\n\nshall increase financial assurance if corrective action is required.\n\nC. 1. Disposal site owners as identified in subsection A of\n\nthis section shall provide financial assurance to guarantee the\n\nperformance of final closure and for any required postclosure as\n\nrequired by the Department pursuant to this section. Except in\n\ncases where owners utilize a financial test provided by rule, the\n\nstate shall be the sole beneficiary of any such assurance solely for\n\nthe cost of performance of closure and postclosure and shall have a\n\nsecurity interest therein.\n\n2. The financial assurance shall be in a form described in\n\nrules promulgated by the Environmental Quality Board or the owner\n\nmay provide the Department with cash or certificates of deposit\n\npayable to the Department of Environmental Quality Revolving Fund\n\nfor deposit with the State Treasurer's Office.\n\n3. Disposal site owners may satisfy the financial assurance\n\nrequirements of this section by creating a trust in accordance with\nin a form described in\n\nrules promulgated by the Environmental Quality Board or the owner\n\nmay provide the Department with cash or certificates of deposit\n\npayable to the Department of Environmental Quality Revolving Fund\n\nfor deposit with the State Treasurer's Office.\n\n3. Disposal site owners may satisfy the financial assurance\n\nrequirements of this section by creating a trust in accordance with\n\nthe federal regulations adopted under Subtitle D of the federal\n\nSolid Waste Disposal Act. Municipal solid waste disposal site\n\nowners may satisfy the financial assurance requirements of this\n\nsection by creating an escrow account in accordance with Board rules\n\nadopted under the Oklahoma Solid Waste Management Act. These\n\nfinancial assurance mechanisms shall provide for payments by the\n\ndisposal site owner which will allow for closure and corrective\n\naction obligations to be spread out over the economic life of the\n\ndisposal site, but shall not exceed fifteen (15) years.\n\n4. Owners of disposal sites which receive waste after April 9,\n\n1994, shall provide financial assurance for closure and any\n\napplicable postclosure on or before April 9, 1995, unless such date\n\nis extended by the federal Environmental Protection Agency pursuant\n\nto Subtitle D of the federal Resource, Conservation and Recovery\n\nAct. If any disposal site owner fails to provide such financial\n\nassurance by the applicable deadline, the Department shall cause the\n\nlandfill disposal site permit to be summarily suspended by order.\n\nThe Department shall initiate the process of revoking the permit and\n\nmay require closure of the landfill. This subsection shall not\n\napply to units of the federal government.\n\n5. Financial assurance provided prior to June 8, 1994, as a\n\ncondition of issuance of any permit or any agreement with the\n\nDepartment shall continue in effect unless the permittee replaces\n\nsuch assurance with an additional mechanism or combination of\n\nmechanisms authorized by the Department.\n\n6. In lieu of the performance guarantee mechanisms specified in\n\nthis section, owners or operators of a nonhazardous industrial solid\n\nwaste landfill which is owned or operated by an industry or\n\nmanufacturer for its exclusive noncommercial use may satisfy the\n\nfinancial assurance requirements for closure, postclosure and\n\nmaintenance by meeting the requirements of a corporate financial\n\ntest and corporate guarantee similar to that applicable to hazardous\n\nwaste facilities.\n\n7. Any unit of local government or public trust of which it is\n\na beneficiary may satisfy financial assurance requirements for\n\nclosure and, when required, postclosure, by participating in a\n\nstatewide trust capable of guaranteeing performance of such closure\n\nand postclosure.\n\n8. Solid waste transfer stations, processing facilities, or\n\ncomposting facilities are exempt from the financial assurance\n\nrequirements of this section if they principally manage municipal\n\nsolid waste.\n\nD. When financial assurance is required, it shall remain in\n\neffect until closure and any postclosure is completed. The amount\n\nof such assurance shall be set by the Department and shall not be\n\nless than the anticipated cost of contracting for performance of\n\neach phase of the closure plan and postclosure. The Department may\n\nallow a reduction in the amount of assurance to reflect the\n\nanticipated costs which remain.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"87e6f8bb7f38a9103d7dd59509261d29a71b9e24f34eae70699f9b707f8c411d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-10-602","next":"us-ok/okla.-stat.-tit.-27a-27a-2-10-801"},"notice":"GroundRules: Original legal text. Not legal advice."}