---
kind: "section"
citation: "40 C.F.R. § 258.72"
title: "40"
number: "258.72"
heading: "Financial assurance for post-closure care."
url: "https://uscodex.org/cfr/40/258.72"
---

# §258.72. Financial assurance for post-closure care.

- (a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the MSWLF unit in compliance with the post-closure plan developed under [§ 258.61](/cfr/40/258.61.md) of this part. The post-closure cost estimate used to demonstrate financial assurance in [paragraph (b)](#b) of this section must account for the total costs of conducting post-closure care, including annual and periodic costs as described in the post-closure plan over the entire post-closure care period. The owner or operator must notify the State Director that the estimate has been placed in the operating record.
  - (1) The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period.
  - (2) During the active life of the MSWLF unit and during the post-closure care period, the owner or operator must annually adjust the post-closure cost estimate for inflation.
  - (3) The owner or operator must increase the post-closure care cost estimate and the amount of financial assurance provided under [paragraph (b)](#b) of this section if changes in the post-closure plan or MSWLF unit conditions increase the maximum costs of post-closure care.
  - (4) The owner or operator may reduce the post-closure cost estimate and the amount of financial assurance provided under [paragraph (b)](#b) of this section if the cost estimate exceeds the maximum costs of post-closure care remaining over the post-closure care period. The owner or operator must notify the State Director that the justification for the reduction of the post-closure cost estimate and the amount of financial assurance has been placed in the operating record.
- (b) The owner or operator of each MSWLF unit must establish, in a manner in accordance with [§ 258.74](/cfr/40/258.74.md), financial assurance for the costs of post-closure care as required under [§ 258.61](/cfr/40/258.61.md) of this part. The owner or operator must provide continuous coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with [§ 258.61(e)](/cfr/40/258.61.md?p=e).

## Notes

### Source

Source: 56 FR 51029, Oct. 9, 1991, unless otherwise noted.

### Authority

Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907, 6912(a), 6944, 6945(c) and 6949a(c), 6981(a).

### Source

Source: 56 FR 51016, Oct. 9, 1991, unless otherwise noted.