---
kind: "section"
citation: "40 C.F.R. § 264.151"
title: "40"
number: "264.151"
heading: "Wording of the instruments."
url: "https://uscodex.org/cfr/40/264.151"
---

# §264.151. Wording of the instruments.

- (a)
  - (1) A trust agreement for a trust fund, as specified in [§ 264.143(a)](/cfr/40/264.143.md?p=a) or [§ 264.145(a)](/cfr/40/264.145.md?p=a) or [§ 265.143(a)](/cfr/40/265.143.md?p=a) or [§ 265.145(a)](/cfr/40/265.145.md?p=a) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) The following is an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in §§ [264.143(a)](/cfr/40/264.143.md?p=a) and [264.145(a)](/cfr/40/264.145.md?p=a) or §§ [265.143(a)](/cfr/40/265.143.md?p=a) or [265.145(a)](/cfr/40/265.145.md?p=a) of this chapter. State requirements may differ on the proper content of this acknowledgment.
- (b) A surety bond guaranteeing payment into a trust fund, as specified in [§ 264.143(b)](/cfr/40/264.143.md?p=b) or [§ 264.145(b)](/cfr/40/264.145.md?p=b) or [§ 265.143(b)](/cfr/40/265.143.md?p=b) or [§ 265.145(b)](/cfr/40/265.145.md?p=b) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (c) A surety bond guaranteeing performance of closure and/or post-closure care, as specified in [§ 264.143(c)](/cfr/40/264.143.md?p=c) or [§ 264.145(c)](/cfr/40/264.145.md?p=c), must be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (d) A letter of credit, as specified in [§ 264.143(d)](/cfr/40/264.143.md?p=d) or [§ 264.145(d)](/cfr/40/264.145.md?p=d) or [§ 265.143(c)](/cfr/40/265.143.md?p=c) or [§ 265.145(c)](/cfr/40/265.145.md?p=c) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (e) A certificate of insurance, as specified in [§ 264.143(e)](/cfr/40/264.143.md?p=e) or [§ 264.145(e)](/cfr/40/264.145.md?p=e) or [§ 265.143(d)](/cfr/40/265.143.md?p=d) or [§ 265.145(d)](/cfr/40/265.145.md?p=d) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (f) A letter from the chief financial officer, as specified in § [264.143(f)](/cfr/40/264.143.md?p=f) or [264.145(f)](/cfr/40/264.145.md?p=f), or § [265.143(e)](/cfr/40/265.143.md?p=e) or [265.145(e)](/cfr/40/265.145.md?p=e) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (g) A letter from the chief financial officer, as specified in [§ 264.147(f)](/cfr/40/264.147.md?p=f) or [§ 265.147(f)](/cfr/40/265.147.md?p=f) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
- (h)
  - (1) A corporate guarantee, as specified in [§ 264.143(f)](/cfr/40/264.143.md?p=f) or [§ 264.145(f)](/cfr/40/264.145.md?p=f), or [§ 265.143(e)](/cfr/40/265.143.md?p=e) or [§ 265.145(e)](/cfr/40/265.145.md?p=e) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) A guarantee, as specified in [§ 264.147(g)](/cfr/40/264.147.md?p=g) or [§ 265.147(g)](/cfr/40/265.147.md?p=g) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (i) A hazardous waste facility liability endorsement as required in [§ 264.147](/cfr/40/264.147.md) or [§ 265.147](/cfr/40/265.147.md) must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (j) A certificate of liability insurance as required in [§ 264.147](/cfr/40/264.147.md) or [§ 265.147](/cfr/40/265.147.md) must be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (k) A letter of credit, as specified in § [264.147(h)](/cfr/40/264.147.md?p=h) or [265.147(h)](/cfr/40/265.147.md?p=h) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (l) A surety bond, as specified in [§ 264.147(i)](/cfr/40/264.147.md?p=i) or [§ 265.147(i)](/cfr/40/265.147.md?p=i) of this chapter, must be worded as follows: except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
- (m)
  - (1) A trust agreement, as specified in [§ 264.147(j)](/cfr/40/264.147.md?p=j) or [§ 265.147(j)](/cfr/40/265.147.md?p=j) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
  - (2) The following is an example of the certification of acknowledgement which must accompany the trust agreement for a trust fund as specified in §§ [264.147(j)](/cfr/40/264.147.md?p=j) or [265.147(j)](/cfr/40/265.147.md?p=j) of this chapter. State requirements may differ on the proper content of this acknowledgement.
- (n)
  - (1) A standby trust agreement, as specified in § [264.147(h)](/cfr/40/264.147.md?p=h) or [265.147(h)](/cfr/40/265.147.md?p=h) of this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

## Notes

### Amendments

[47 FR 15059, Apr. 7, 1982, as amended at 47 FR 16556, Apr. 16, 1982; 47 FR 17989, Apr. 27, 1982; 47 FR 19995, May 10, 1982; 47 FR 28627, July 1, 1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. 16, 1992; 59 FR 29960, June 10, 1994; 71 FR 40272, July 14, 2006]

### Source

Source: 47 FR 15047, Apr. 7, 1982, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g.

### Source

Source: 45 FR 33221, May 19, 1980, unless otherwise noted.

### Amendments

[47 FR 15059, Apr. 7, 1982, as amended at 47 FR 16556, Apr. 16, 1982; 47 FR 17989, Apr. 27, 1982; 47 FR 19995, May 10, 1982; 47 FR 28627, July 1, 1982; 51 FR 16450, May 2, 1986; 51 FR 25354, July 11, 1986; 52 FR 44320, Nov. 18, 1987; 53 FR 33952, Sept. 1, 1988; 57 FR 42836, Sept. 16, 1992; 59 FR 29960, June 10, 1994; 71 FR 40272, July 14, 2006]