Under the policy, the carrier agrees to compensate the owner and operator, or the person responsible for closure and post-closure care, for losses, with the insurance policy guaranteeing that funds will be available to fulfill the liability to close the MSWLF unit whenever final closure occurs, or to provide post-closure care whenever the post-closure care period begins.
First, the insurance policy must guarantee that funds will be available to close the MSWLF unit whenever final closure occurs or to provide post-closure care whenever the post-closure care period begins, up to the face amount of the policy.
Both the MSWLF owner and operator and state regulatory personnel must be knowledgeable about the various financial responsibility mechanisms available to them.
The regulations establish minimum federal criteria for MSWLFs, including:
The proposed new guidance was issued in response to a recent United States Environmental Protection Agency (EPA) rule ("Solid Waste Disposal Facility Criteria," 40 Code of Federal Regulations, Parts 257 and 258) that will make owners and operators of MSWLFs responsible for ensuring that landfills are properly closed and monitored for a period of 30 years following closure.
The ED proposes a number of disclosure requirements for MSWLFs subject to federal, state and local closure and postclosure care requirements.
the MSWLF unit is located atop a groundwater divide).
Although there is a performance standard for the number, location, and depth of the monitoring wells, in unapproved states the location of the wells should be at the most practicable distance to the MSWLF unit.
Because site-specific conditions may make it difficult to install a monitoring system around each landfill unit, groundwater monitoring systems that surround multiple units may be allowed by approved states provided consideration has been given to: the number, spacing, and orientation of the MSWLF units; the hydrogeologic setting; the site history; the engineering design of the MSWLF units; and the types of wastes accepted by the facility.
The placement of the wells should be based on the results of a site characterization and should be sufficient to detect releases from the MSWLF unit.