(a) All persons having or requesting a permit for the operation of a municipal solid waste landfill shall establish and maintain financial assurance for proper closure, post-closure care, or corrective action in the form and amount the department specifies by regulation. This requirement is applicable to all municipal solid waste landfills required by federal law or regulations to demonstrate such assurance.
(b) All municipal solid waste landfills permitted or to be permitted by the department shall submit financial assurance forms and supporting documents to the department, and such forms and documents shall establish that there is funding to the appropriate levels required by department regulation. The financial assurance mechanism shall be maintained for the life of the municipal solid waste landfill, and for a period of not less than 30 years after closure, unless the owner or operator demonstrates to the director that a period less than 30 years is sufficient to protect human health and the environment and the director approves this demonstration, or the solid waste is removed and the department determines that no waste or contamination remains at the site. The department may extend post-closure care or corrective action periods for longer than 30 years when necessary to protect human health and the environment.
(c) The financial assurance and requirements established by the department pursuant to this section shall in all respects comply with Environmental Protection Agency rules and regulations regarding closure, post-closure care, or corrective action for a municipal solid waste landfill. In no event shall the department require financial assurance or other requirements pursuant to this section which are more stringent than the Environmental Protection Agency requirements in effect at the time.
(d) The department may adopt rules necessary to implement this section.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Article 1 - Solid Wastes Disposal Act.
Section 22-27-1 - Short Title.
Section 22-27-2 - Definitions.
Section 22-27-4 - Hazardous Wastes; Unauthorized Dumps; Vermin Controls.
Section 22-27-5.1 - Tipping Fee for Use of Certain County Landfills.
Section 22-27-5.2 - Solid Waste Landfill Moratorium.
Section 22-27-8 - Financial Assurance.
Section 22-27-11 - Violations; Penalties; Administrative Orders; Injunctive Relief.
Section 22-27-12 - Powers of Department.
Section 22-27-13 - Search Warrants.
Section 22-27-14 - Commencement of Actions.
Section 22-27-15 - Establishment and Review of Reduction Goals.
Section 22-27-16 - Ownership and Disposition of Recovered Materials.
Section 22-27-18 - Solid Waste Fund; Alabama Recycling Fund.