(a) The requirements of §§ 265.142, 265.143 and 265.147 through 265.150 apply to owners or operators of all hazardous waste facilities, except as provided otherwise in this section or in § 265.1.
(b) The requirements of §§ 265.144 and 265.145 apply only to owners and operators of:
(1) Disposal facilities;
(2) Tank systems that are required under § 265.197 of this chapter to meet the requirements for landfills; and
(3) Containment buildings that are required under § 265.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this subpart.
(d) The Regional Administrator may replace all or part of the requirements of this subpart applying to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document (as defined in 40 CFR 270.1(c)(7)), where the Regional Administrator:
(1) Prescribes alternative requirements for the regulated unit under § 265.90(f) and/or 265.110(d), and
(2) Determines that it is not necessary to apply the requirements of this subpart because the alternative financial assurance requirements will protect human health and the environment.
[47 FR 15064, Apr. 7, 1982, as amended at 51 FR 16455, May 2, 1986; 51 FR 25479, July 14, 1986; 57 FR 37267, Aug. 18, 1992; 63 FR 56734, Oct. 22, 1998; 71 FR 40275, July 14, 2006]
Notes of Decisions
United States v. Ekco Housewares, Inc., 62 F.3d 806 (6th Cir. 1995).
· cites it 3× “Ekco and the EPA entered into a partial consent order one year later that required Ekco to submit a closure plan for the facility within 90 days and, at the same time, to “[cjomply with the financial responsibility requirements for closure until closure has been certified,…”
United States v. Power Eng'g Co., 10 F. Supp. 2d 1145 (D. Colo. 1998).
“1(b); see also 40 C.F.R. § 265.140 . Section 265.1(b) requires “non-filers” or “non-notifiers” to comply with the financial responsibility requirements.”
United States v. Prod. Plated Plastics, Inc., 762 F. Supp. 722 (W.D. Mich. 1991).
“40 C.F.R. §§ 265.140 et seq. These financial responsibility requirements are designed to ensure that funds are available to close the facility and maintain post-closure monitoring of the facility.”
United States v. Ekco Housewares, Inc., 853 F. Supp. 975 (N.D. Ohio 1994).
· cites it 2× “Pursuant to the terms of Paragraph B(5) of the PCAO, Ekco was required to “[c]omply with the financial responsibility requirements for closure until closure has been certified, pursuant to 40 C.F.R. §§ 265.140 through 265.151, at the time of the submission of the closure plan…”
United States v. Indiana Woodtreating Corp., 686 F. Supp. 218 (S.D. Ind. 1988).
“40 C.F.R. §§ 265.140 to 265.-150. d. The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility.”
South Carolina Dep't of Health & Env't Control v. Com. & Indus. Ins., 372 F.3d 245 (4th Cir. 2004).
“(establishing standards regarding applicability of financial requirements for owners and operators of hazardous waste facilities); 40 C.F.R. § 265.140 et seq. (establishing interim status standards regarding applicability of financial requirements for owners and operators of…”
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