13B_.1800.0546.1105.1111.1628_TrackedChanges

I 15A NCAC 13B .0546 is readopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .0546 FINANCIAL ASSURANCE REQUIREMENTS FOR C&DLF FACILITIES AND
4 UNITS
5 (a) Owners and operators of construction and demolition landfill facilities permitted by the Division in accordance
6 with this Subchapter shall comply with the financial responsibility requirements set forth in G.S. 130A-295.2.
7 (b) Owners and operators of construction and demolition landfill facilities jepefatigg-after- z84 that
8 received waste on or after June 30, 2008 and are permitted by the Division in accordance with this Subchapter shall
9 comply with the financial assurance requirements set forth in Section .1800 of this Subchapter.
10 (a) Owners a -ad eper-a4er-s of G&DLF f4eilities a -ad tmits must pfevide proof of finaneial assufanee in accordance with
11 .
12 (b) 0,A%er-s and operators ef C&PLF f4eilities and units pefmitted under- these Rules must pfevide proof of fiaa-neW
13
assur-a-nee to ensure elesufe of the site in aeeer-danee with these Rules and te eever- elesufe, post elesttfe, and 6E)ffeefiVe-
14 aetion of the landfill. Finaneial assur-anee may be demenstT-ated through sufety bonds, insufanee, letters of eredit, a
15 funded tmst, or- leeal govermnent finaneial test. Doeumentation of finaneial assumnee must be kept etHfent, and
16 tipdmed anattally as Fequired by ehanges in these Rules, ehanges in operation of the site, and inflation.
17
19 (4) The ownef a -ad operator mttst have a "tten estimate, in euffeat dollars, of the east of hir-ing a third
20
21 time dtwing the aetive life in aeear-danee with the elesur-e plan r-e"ir-ed under- R+tle .0543 of this
22
23 rd.
24 {The eost estimate nmst equal the cost of elosing the entire area ef all C&DLF ttnits,whi
25
26 manner- of its aper-a�ien vvetild make elesufe the most expensive, as indiea�ed by its elestfre
27 plan as set for-th in Rule .0543 of this Seetien7
28 (43) Dufing the aetive life of the C&PLF, the owner- and apera4ar- must annually adjust
29 elesuFe eest estimate for inflation within 60 days prior- to the an4vefsary date of th
30
establishment of the finaneial instmment(s). For- owners and operators using the leeal-
31
32 days after- the elese ef the leea4 geven*nent's fiseal year and before submissieft ef updated
33 inf4mation to the Division.
34 (G)
35
36
37 Femaining aetive life.
1 of 4

I
2
3
4
5
6
DMsion feF The Division date
the ""
review. sha4l and stamp
justifieatien
7
8
be in the C&DLF's
midst plaeed
9
the financial be
Division
or- ameent of assar-anee shall allowed
without approval.
10
(2)
11
12
C;&DLF tmit in eoWlianee with Pafagfaph (a) of this Rule.
The ov�qier and operator- R+tist
pr-evide
13
14
(3)
The have in
dollars, the hifing
thiFd
awneF and opefater must a wfitten estimate, etment
of eost of
a
15
to fer the C&DLF in
the
party eenduet post elosufe eare unit(s)
eomplianee with post
elesur-e pla
16
developed Rule this Seetien. The
to
demonstrate
tmder- .0543 ef pest elosttre
eest estimate used
17
18
19
the The
be
in thee
plan ever- efAir-e post elesufe ear-e pet4ed. post elesure
eest estifn4e must plaeed
20
epefating e ra
21
The fer- be based
the
(A) eest estimate past elesur-e eafe must
an most &CPensive easts
of post-
22
,,-e e during the
ells e post el„sure eare period.
23
(B)
,
24
the
for- intleAien
evffier- and operator must anfmally adjtist pest elestife
eest estima4e
wi
25
60
days to the date the the fina-fleial ifistpdfflent(s).
prior- anniversafy of establishment of
26
For-
the leeal fifianeial test, the
ev,,%ers and eper4ers using gewmmefA post elestffe
27
estimate
be fef inflation 30 days the the le
must updated within aftef elese of
28
.
29
The
inerease the the
owner- and operator- mast post elesure eare eest estimate and amount
30
31
32
e
33
34
35
36
,
37
for the be to the DMsion for- The
w-Fitten justifieation Feduetion shall s4mitted review.
2 of 4

I Division shall date
the "appt:oved"
if the this
and stamp justifieation
conditions of
2
3
4 allowed without Division
appr-eval.
5 (4)
6 Paragraph (a) of this Rule,
finaneial f6r- the
assurance eests E)f post
elostife care as r-eqttir-ed un
7 R-ule .0543 of this Seetion.
The
for-
owner- and oper-ator- inust pr-ovide
eentinuous eover-age post
8
9
18
19
eeffeetive aetien pefied.
The
the Divisien that the has been
owner-
and epefa4ef ffli:tst netib, estimate
20
p1..,.0,1 i the , v.,.*:ng
ry ,,.a
21
The ownef and
the for- inflation 60 days
oper-a4ef
must annually adjust estimate within pfief
22
to the anniver-safy
date
the the finaneial instnament(s) the-
of establishment of until
23
.
24
25
eest estimate
be
for- inflation 30 days the the loea4
must
"dated within aftef elese of
26
.
27
{}
28
29
30
eefFective etion
31
32
33
34
35
feduetion must
be
to the Division for- The Division date
submitted
feview. shall and stamp
36
the justifieation
"
" if the this Pafagfaph The
eanditions of afe met. fedtletiE)R
37
justifieation and
the Division
approval must be plaeed in the C&DLF's oper-ating r-ee
3 of 4

1
2
3
4
5
6
7
8
9
10
11
12
. ..... . ..... ......
m Mm. M. I mi
History Note: Authority G.S. 130A-294; 130A-295.2(b);
Eff. January 1, 2897 2007;
Readopted Ejf.' July 1, 2020.
4of4

1 15A NCAC 13B .1105 is amended with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1105 PERMIT REQUIRED
4 (a) No person, other than a person exempted by G.S. 130A-309.57(d), shall establish, eperate operate, or maintain,
5 or allow to be established, eper-a4e operated, or maintained upon land owned, leased, or otherwise controlled by that
6 person, a scrap tire collection site or scrap tire disposal site unless a permit for the site has been obtained from the
7 Division.
8 (b) Applications for permits submitted in accordance with Rule .1106 of this Section shall be forwarded to the
9 Division of Waste Management, Solid Waste Section, 1646 Mail Service Center, Raleigh, North Carolina 27699-
10 1646.
11 (c) A permit is issued to the permit applicant for a particular site and shall not be transferable.
12 (d) Trailers and covered roll -off containers used for the collection of scrap tires serap fife eellee fie f edit o are
13 exempt from the requirements of Rule .1106(c)(1), (c)(2), (c)(4), and (c)(6) of this Section. .1 of this Seeti n
15 (e) Scrap tire collection sites permitted by the Division in accordance with this Subchapter that are not operated by
16 local ,governments shall comply with the financial responsibility requirements set forth in G.S. 130A-295.2 and the
17 financial assurance requirements set forth in Section .1800 of this Subchapter. A demonstration of financial
18 qualifications for operation of a site shall include documentation that the facility has liability coverage for potential
19 prope , damage and bodily injury to third parties that may result from a fire occurring at the site.
20
21 Section..
22
23 History Note: Authority G.S. 130A-309.57;
24 Eff.' October 1, 1990;
25 Readopted Eff. December 1, 2018 2018;
26 Amended E,('. July 1, 2020.
lofl

I 15A NCAC 13B .1111 is readopted as a repeal as published in 34:16 NCR 1470 as follows:
3 15A NCAC 13B .1111 FINANCIAL RESPONSIBILITY REQUIREMENTS
5 History Note: Authority G.S. 130A-294(b); 130A-309.27;
6 Eff. October 1, 1990. 1990;
7 Repealed Eff. July 1. 2020.
lofl

1 15A NCAC 13B .1628 is readopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1628 FINANCIAL ASSURANCE RULE REQUIREMENTS FOR MSWLF FACILITIES
4 AND UNITS
5 (a) Owners and operators of municipal solid waste landfill facilities permitted by the Division in accordance with this
6 Subchapter [.thatr-eeeivedwaste on or after Oeteber9, 1993]shall comply with the financial responsibility
7 requirements set forth in G.S. 130A-295.2.
8 ( Owners and operators of municipal solid waste landfill facilities that received waste on or after October 9, 1993
9 and are permitted by the Division in accordance with this Subchapter shall comply with the financial assurance
10 requirements set forth in Section .1800 of this Subchapter.
11 .
12
(-)
The requirements of this ]Rule apply to owner-s
and operators of all N4SWI=F, units that r-eeeive waste
13
,
14
whose debts and liabilities are the debts and
liabilities of a State or the United States,
15
(2)
The r e nts of this Rule are e ff etiye
A pFil n 19
16
17
tise e Capital Desenye R,,,..1 as .leser-i .e.1 i
D.,r.,gr.,p !e\(1)(1) of this Rule.
18
(4)
Ov�qiers a -ad epera4ers of all N4SWLF units
shall s4fnit detailed eest estimates for- elestffe a -ad post
19
;
20
aefien p er 1 e with Rule 1637
of this Seet e., and this R le
21
(3)
Under- this Rule, when daetffnen4s ai-7e r-e"ir-ed
to be plaeed in the epefating r-eeer-d E)f a N4SWJ=F
22
unit, ♦l,ree eepies shallf,.... be forwarded to the
Division.
23
(6)
When allowable meehan-i— -- ----ified in
Paragraph (e) ef this Rule are used in eombination
24
,
25
allowable meeha-aism shall be provided by
the same fina-neial institution of! its corpo. at, 1 1.1-
26 (b)
Financial
A e f r rles.,re
27
(44
, of the eest of hifing
28
a thir-d pafty to elese the largest area of
all N4S3A'LF- units a4 my time dufing the aefive life i
29
aeeor-danee with the clostife plan r-eqttiFed
under- Rule .1629 of this Seetion. A eopy of the elestifee
30
.
31
The eest estifn4e shall equal the cost
of elesing the largest area ef all N4SWLF tinits at any
32
time dwing the aefive life when the
ex4efA and manner- ef its eper-eAien wettid make eles
33
the most expensive, as indieated by
its elasufe plan as set fefth ift Rale. 1629 of this Seet
34
(B)
35
elesufe east estifna4e for infimien
withift 60 days prior- to the anniversary da4e E)f th
36
37
government finaneial test, the elosure
eost estimate shall be updated for inflation within 30
1 of 30

I
days afteF the close of the loeal
fiscal
befoFe
government's
yeaF and submission of updated
2
ififOfffla4iffii tO the TliViSiO fi
3
4
5
6
femainingeti. 0 life.
7
8
9
.
10
11
12
eest estimate shall be allowed
Division
The
without
appf eval. f edtietion justifieation and
13
the Division .. ,.,1 shall
be in the N C'
AI F's ,. o«.,ti. gfe efd
p1..,.0,1
14
(2)
The N4SWLF
financial f6f the
owner- of oper-atef of eaeh
unit shall establish
assufanee closufe of
15
N4S3A'LF in Pafagfaph
this Rule.
The
tinit eempliance with
(e) of
E),A,Ffef or- opefatof shall pfevidee
16
17
.
19
20
21
developed Rule this
Seetion. The
te demenstfate
plan ttndef .1629 E)f
past
elestife east estimate tised
22
23
24
the o t:.o ,.1
be
i the operating r-eeol:d.
plan ovef post sure eafe
pefiodand plaeed
25
�A4 The eest estima�e for- post e!E)sttr-e
be based
th 'e
eafe shall
en eOStS ef PE)St
26
elostife eafe dwing the Pest
elestife eafe PeFie4-.
27
4R)
28
awnef E)f epefatef shall annually
the
f6f inflation
adjust post
elestife east estifna4e within
29
60 days pfiof to the annivefsafy
date the
the financial instmMent(s).
of establishment
of
30
For- ownefs and opefatofs using
the loeal
financial test, the
govemment
post elesufe
31
estimate shall be updated
f r inflation .,:thin
30 days the the 10,..,1
after etose of
32
.
33
34
35
36
1-1.
2 of 30

6
the post elostife eest estimate
be Dli—i" 1. The
shall allowed without . . feduetion
7
.
8
(-2-)
The N4SAAILF
in in
owner of operatof of eaeh
tinit shall establish, a mannef aceofdance with
9
10
11
12
del Rule 1627/,l\
„f this Seed,,
enstfatingeempliatiee-with
13 ia>
> inan is
n o f r r,,,-feetiye n etie.
14
(4)
15
in
estimate,
16
hifing third to the
The
a pai4y peffofm eor-fective
aetion. eorFeetive action e0st estimate shall aeeottR4
17
for the total
desefibed in the for the
costs ofooffeetive aetion aetivities
as eor-fective action program
18
19
been :., the , inn
p1..,.0,1
efa. feeofd.
20
The ownef of epefatef shall annually
the fef inflation 60 days
adjtist estimate withill Pfief
21
to the annivefsafy date E)f the
the finaneial instfument(s) the
establishment E)f until
22
.
23
24
eost estimate shall be updated
f6f inflation 30 days the the loea4
within aftef elose of
25
.
26
(B)
27
28
29
eeti ,o etio*
30
31
32
33
34
35
estimate shall be allowed withetit
Division The the
appfeval. feduetien justifiea4ion and
36
Division ,. ...1 shall be p1..,.0,1
in the AiTS IT F's efating ro ,.«,7
3 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Next Payme GE GN
y
4 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
The amount of siibse"efA pa��ents shall be detei:Fnined by the fell
Next Payme CE c3t
y
where GE is the etiffent eest estimate fef eeffeetive aefien (ttpda4ed for- inflation
(-v) The initial payment inte the taist fund shall be made befofe the initial feeeipt-af
ante or be f re the efF et:. e date of this Rule (April 9 1994), ..l.;eheyer is later
.. the ease lof eesnre .and ♦luu noseosre e e ♦ o le4er than 120 days .after the
of Rule .1636 of this Qeetion Subsequent payments shall be „n.ude no later than
30 days after each anniversary date of the first pa)q .en♦
1..:\ if the owner r. to f establishes atmst fain after having , se.i e
l��'I
established initially and annual payments made aeeor-ding to the speeifiemians o
this Paft.
11..:;\ The eymer or operator- ether- per -so .,,,thoFize.] to ,. «d,,..t ells„re ,.1.��„re
o =`J , , post
(vii ) The trust fund may be •1e.-.Y mated by the ovffier- or Facer only :f the e
ants of Paragraph/1.\2\ , (e)/7\ or !d\M\ of this Rule.
(ix-)
..gree___en4
Surety Bend Guaranteeing Pay -men. of Uerf.....,.,.,nee
5 of 30

1
(4)
2
3
4
5
eenfeEms to the re a e..t., of this Pa ft The bondshallbe effeetive b.efer-e the
6
initial re e pt of waste of before the efF e6ye date of this Rule, (April 9 1994)
7
..-hieheyer ;s later-, .�. the ease of eles„re andpostees„re e e .,ter tl...«
l
� e l
8
9
10
bond—
]1
12
shall, a4 a minimum, be ameng these listed as weeptable stifeties on Feder -a! bonds
in Gife,,laf 570 of the U.S. DepaftmeR4 eftl.e T-e..s,,,-.,..-highis ineafper-med by
13
14
may be eete,l er ebt.,;«e,l at the Depat4tne..4 of Environment, 14e..M n
15
N t rel vesoufees Division of SolidWaste Management, 401 Ober -fin ne.,,l
16
Raleigh, North Carolina .,t no eest
17
(ii) The peffal sttm of the bond shall be in an ametifA at least e"al to the etiffe
18
19
.
20
l:;:l T Tn of the te.- s of tl.e ben,l the s fety shallbe,.ame liable of the bea,l Obliga4io-fl
21
when the e e er..ter fails to perf;..-.:..... ..tee,l by the bond.
22
(}The ewner- ar operator- shall establish a standby tmst ftmd. The standby tmst ffin
23
shall meet the r e.,ts of Paragraph (e)/11/A\ of this Rule ept the
24
25
"'
26
(-v) Payments made tinder- the tei:Fas of the beffd shall be deposited by the stifety
27
.1;reet1.. me the standby tFust f,n Payments f am the Oust f,n shall be
28
approved by the tr„stee andDivision.
29
Under the tefms of the bend, the s rety may a eel the ben.l by sending notiee of
30
eaneellation by eertife.l mailto the owner- and a r..ter and to the l iyis;e« 120
31
32
r. ter shall ebtai eltema4e f;,,a e;.,l a :f;e.l i this Rule
e.
33
34
is substititted as speeified in this Rule or if the owner- or epefa4er- is ne lefigff
35
36
(>.vm (e)(2) er iav2) eftb.;s n.,le
37
Letter- ofrredit
6 of 30

1
(i)
2
3
U..rt The letter of e-edit shall be eff etiye before the initial .-o opt of waste ,.
4
before the eff etiye date of this Rule (April 9 1994) ..1„ehe..er :s l..ter n the
5
,
6
aetion r-emedy has been seleeted in aeeer-danee with the requirements of Rule
7
.1636 of this Ceetio« The owner- rotor shall «lave .. eepy of the letter eF
8
9
the e„thor;t., to a letters of a e.d:t andwhose letter of credit a r.,tio
10
11
(0 ,
12
, a -ad providing the fellewing infennatiew name and
13
address efthe faeility, and the amettat of funds assufed, shall be ineluded with the
14
letter of ere.d;t in the operating reeor.d
15
04) The letter of ere.d:t shall be : eable andissued f .,r period of at least one e
\___/in
16
an afaettnt ..t least e .,1 to the a .,t cost estifnete fer elos..re post elos..re
17
e eeffeetive .,etio.. w-h e1.eyer;s appl;eable a ept as pr-eyi deal i Paragraph
18
19
20
21
eei4 f;e,d mail to the owner- -ado er.,ter and to the Division 120 .days .,,d......ee
22
of e eellet:o« if the letter of ere.d;t eele.d by theissuing institution, the
23
24
(}
25
e ..l...t:t..te,d a ee:f:e,d i this Rule o if the owner- operator- :
26
.
27
(-°) The o e ereter shall establish a standby tFust fm.d The standby tfust ffin
28
shall meet the e e e«ts of D..r....re.-.1, (e)/1 \/ A \ of this Rule a ept the
29
. . ments for- initial payment and subsequent annual payments speeified in
30
Uere..re«1. (e)/1 \/ A \/;;\ o l;;;\ (iv)l;\ anal.. /\ of this Rule.
31
(}Paymefits made t*nder- the terms ef the let4er- ef er-edit shall be deposited by the
32
stit..tien directly :..te the standby tfust fi..,.d D., fAs F om the tmst
33
.
34
35
(4) An owner- er..ter ,....ay ,demenstr..te f:...,ne:el e for- eles..re an
36
37
this Part. insufane be effeetive before the initial -receipt= of waste e
7 of 30

I
whiehever is Wen A4 -a
, ,
3
in NaMb
4
Gar-alina. The owner -or- er..ter shall ..lace a eapy of the : e ehey in the
5
epeg reeerd-.
6
00 The elestire or post elestire e oliey shall guar-an4ee that fttnds shall
7
be available to elose the NIS) n 1r unit w- eneyer final elos,.re oeetirs r to provide
8
post ales„re ,are for- the N4SWr >~ , m;t whenever the post closure care periea
9
begins ekever- is applieable. The peliey shall also gaar-an4ee that nee Brost re
10
or- post elestife ear-e begins, the insiar-ef shall be r-espensible for- the paying otA e
f: to o e o other ..tl.er;�e,l to ,. «,1„et elegy....-e ..
ll
12
the or-er.,tor
nds person
post eles„re , e r to . amou-PA equal to the face . «t of the poliey
13
(iii) The insufanee peliey shall be issued for- a faee ametiat a4 least equal to the e- eat
14
15
pFoviaed in{e)(11�this Rale-'he ee means the total amoi-int
16
the inswer is obligated to p tinder- the policy. A et,,.,l p efAs by th ;
17
shall not ,.1..,nge the Fee ., ..t, althoughthee er's f,t.,re liability shall be-
18
lowered by the amettftt of the payments.
19
(i-v)
20
post elestife ear-e, may r-eeeive feifnbufsements faf elesefe or- post ewe az
21
expenditafes, whiehever- is-applieable. Re"estsfor-ie sement shall be
22
gFanted by the insurer only :file remaining value of'the peliey is .,f'f a e,.t to
23
24
25
shall deettmen4 in the opefafing feeefd that feimbtffsefnent md Division approval
26
has bee., re e ,ea
27
(-°) E e1+ peliey shall ..t..i pr-ev.,lle..,:.... .. eHt of the peliey to
28
29
of the in r ,. ,l idethat s ,, ,e, e .. t ; et ,.re.,sonably reffise,l
30
f}
31
fail to renew the peliey &Eeept fer- failtife to pay the prefniffm. The autam4ie
32
..,1 of the poliey shall, et ., minimum, pr-.;.le the : re.l with the optio., e f
33
1 at the faee amoupA of the expir-ing pokey. if there is a failtife to pay the
34
En, the instifer mat, ea-neel the peliey by sending netiee of ea-neella�ien by
35
eertifie,l mail to the o e and o er.,ter .,n,1 to the Division 120 days in .,,1..anee
36
, the owner- or- epefatef shall 0
37
alternate f:«.,neial assaFanee as speeified in this Rule.
8 of 30

9 of 30

I , er- the sum ef
2
3 etwirefiRiental obligations assured by a finaneial test te total r-evenue less
4 than or- equal to 0.43
5 (M) Aunit of lasal gene eft s."1�t-veaPefaledM a total oper-a
6 f;.n.1 .lefieit equal to five pereent or ..,ore of♦et l annual re e e in either
7 of the past ♦we fise..l years; it shall not o ently be in ,lefatilt on any
8 etitstanding general ebliga4ien bonds or afty other leng term ebliga4iens�,
9 .,..1 it shall not ha -ye a -my outstanding ing general obligation bonds rate.1
10 ', BBB as issued by Sta-adafd &
11 Paer's, BBB as issued by Fiteh's or- lower- than 75 as issued by the
12 Munieipal !`at e;l
13 Cn7 D.,b.l;e Alotiee Component. in order- to satisfy the D„b.l;e Netiee !`..m,, a efft of the
14 test a tinit of lee -al government shall diseloseitsclesure, post ele^1,an
15
16 generally aeeepted . .,frog prineiples
17 00 Deeor.l keeping and Depei4ing Gempe..e..♦ Te .1emeastfate th 4 the unit of lee.,l
18 govemment meets the r-e"ir-efnents of this test, a letter signed by the tMit of leeal
19
20 (e)(2)(G) of this Rule shall be plaeed in the operating reeefd in aeeer-danee with
21 the deadlines of Q4. ai4 (iv) of this Pai4 The letter shall:
22 ATM List all the etwent eest estimates eev€r-ed by afinaneial test,, as deser-ivea
23 ;
24
25 ; and
26
27 (i)(111) of this Pai4
28 (:y) in the ease of eles„re .....,1 post elesufe o e the Chief lrina-.ei l Off;eer's letter
29 shall be pl..eed in the er..ti«o r or.l before the initial r pt of waste or by
30 April n 1994, ..l.:el.ever ;s later in the ease of eef feetiye .,etio.. the CFO's letter
31 shall be ,. laee.1 i the „ eFati g r or.l ,,.o later ♦ffi 120 days after- the e eetiye
32 eetie„ r f edy has been selected in aecer-danee with the r en4s of Rule
33 .1636.
34 ( "
35 aefien, r the siam of the o ffib na4io of suet, vest.. to be o ere,1 and a ethe
36 eiwirenmental obligations assufed by a finaneial test"
37 this ParagFaph, the unit ef leeal gevermnent shall inelude eest estimates r-eqttire
10 of 30

I
2
3
dffettgh a finaneial test,'
4
5
r
.nnnn an 001 n pet ole n undeFgfeuffd storage tank F e l:ties , mde f 1 SA NCAC
6
2N 0100 through 0800 Undergroundi.,:eetion Ce tr l fae l:ties anger 15
7
1 Cnr nnnn.,n 15n NCnr 2 vru a 15n
r.���� � T�s�e��g e �t�es��er��
8
NGAGZ20 .01 nn and1 SA 1`r G 2--N .n�0.-
9
(}
10
within 120 days after- the elese of eaeh stieeeeding fiseal year,
l l
12
ra /:::\ of this U.,r.,grap the unit of 1, eal , o e t shall notify the Division
13
E)f intent to establish altemate finaneial assur-a-nee within 120 days after- the end of
14
the fiseal year fef w-hieh the year end finaneial data show that the tinit of loeal
15
government ne longer- meets the r-equiFements. The tinit of loeal government shall
16
provide alternate F...,,,,.:.,1 assuranee :thin 150 days .,Ftor the endof saidf:.,ea
17
18
()
19
20
in this Rule of if the tmit of leeal govemment is fie lengef Fequir-ed to demetistr-ate
21
F:...,neia responsibility er-d nee ,:t1. U.,r..,.raph (b)(2) (e)(2) ,.r (d)(2) e
22
this Rule.
23
(G) Corporate Guarantee.
24
{Reserved}
25
r . ..l rove-nme t Guarantee.
26
[Reser ed]
27
() Capital Rese .,e Fund.
28
(44 T SIAIT F units e e o or.,to,l by tm is .)F 1,.ea g o ent o „bl:,....,4he f:�,
29
may satisfy the r-eqttifemen4s of this Paragraph by establishing a eapital r-ese-
30
ffi. eh earns—te the r-e emexts of thisPart. Thetmit ofzaeal
31
32
esestablish ., p t.,l r e fund, under .,,,then- t y e f G.S. 159 .,,...7 .., ese f:.,..,.,,.:.,1
33
34
shall be established eensisteat with auditing, budgeting and govemmen
35
Ming aetiees as o fibe l .n G.S. 159 andby the r ..ea Goye.-.... e
36
Ceffffnissien. n eapy of the , ,.:t..l ro 0 e fundo fdinanee , o el„tie with
11 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
(4)
{V}
All
--------------
. I
mli.
Im. - m
Next Payme GE GN
y
NextPayment— GE CNI
y
12 of 30

17 {}
18
19
20 .
21 (J)
22 of this Paragraph by establishing more than one finaneial meehanism peF faeility.
23 >
24 this Paragraph, e*eept tha4 it is the cambiwMien ef meehanisms, rather- tha-a the single
25 fneehanism, whieh shall provide finaneial assufa-mee for- an afnatmt at least e"al to t
26
27
,
28
29
eonsolidated. Meehanisms guaranteeing per-fofmanee, rather- than payment, may not
30
eombined with et eF ; stvdmen4s
31
(
32
(e)(2) e f this Rule.
33
.
34
T.. _s. A gfeemei+t
35
O ,
36
37
with the relevant information and the br-a kets delete&
13 of 30

2 TRUST AGREEMENT
L'EMENT
4 Tfust Agreement,
the "Agr-eement,"
iffte
by
between
the
5 State]
"
entered as of[da4e]
and
[aame
of
ownef of oper-atef],
a [name
of [insei4
6 tfustee],
"ineer-peFated
in the
State
"
"a
[insert
7
of
of
ratio
ankj,the"Tfustee"
has
,
8
,
to the Granter-,
tha4
,
established
9
eei4ain
r-egttla4ions
applieable
r-eqttiring
an owner-
er-
eper-a4er-
ef a selid waste
]0
]1 Whereas, the
Gr-a-atef
has
,
to trust to
fina-neial
,
for- the faeiliti
12 identified
13
he feii
eleeted
establish a
pfavide
all
of pai4
of stieh
asstwanee
14 agr-eement,
15 Now, thor-of
16 co,..;on i
17
and
Fe,
Definitie,s
"
the Trustee
r_,.., the , to
ns,
"
: willing
f and the
used i
the
to .,etas trustee
Tn stee agFee s follows-.-
this ngr-eenent;
,
inte
this
AgreemefA
18 .her
19
"
means
"
the
owner- or- oper-a4er- whe
T-fustee into
enters
this
Agreement
and
any stteeesq-
T-fust
20
means
who eatefs
and any
sueeessar-
21
22
,
23
24
,
"
" foi: the benefit
25 the Division.
The Gfantar-
the Tfustee intend
tha4
third
ha-ve
,
to the Fund
,
herein
of
26
The
Fend is
and
initially
no
the
paFty
is
aeeess
to the T-Fustee,
exeept as
desefi
provided.
27
established
as eensisting
of
pr-E)pei:Pj,,
whieh
aeeeptable
28 together
ther-een, less
distfibu4ions
by
the T-Fustee
to th
with
29 AgFeement.
all
The
eamings
Fund
and profits
be held
any
by the Trustee, IN
payments
TRUST,
or-
made
pufstiant
30
shall
it
feF
the
duty to
from the
Fesponsible
31
nor-
sha4l tmdertake
any responsibility
ametint
oF
adeqttaey
of, nor-
any
eolleet
,
32 Seetien 4.
Payment
fer- Clesufe,
Post Glestife Care,
Cefrective
Aefien.
The
T-mstee
ffe
33"DiN,ision")
and
dir-eet, in
shall make
to
paymefAs
for- the
34
shall
writing,
pfovide
35 T-Fustee
the
Gr-antof
by
the Division
ffem
the Fund
for-
shall
36 elesufe,
feimbufse
of othef per -sons
as speeified
e!E)sUfe, post-
14 of 30

1
2 .
3 Seetien S. Pa�qffients Gempfising the Fillad. Payments made to the Tf+istee for- the Ftffld Shall eE)IISist Of eaSh Of
4 seeufities , o, table to the Tfustee
5
6 the Fund iwvested as a single ftind, without distinetion between pfineipal and ineome, in aeeofdnnee with gen
7 ,
8 > selling, and managing
9 Fend,
10 with the eafe, skill, pi-adenee, and diligenee undef the eir-ewnstanees then prevailing whieh per -sons of pi%denee, aetiRg
11
12 like aims; o ept that:
13 (4) , of a+ty
14 , as amended, 15 U.S.C. 80a
15 2.(a), shall not be aequir-ed or held, unless the), are seeur-ities or other ebligatiens ef the Feder -a! o-r
16 c..,.o g n4;
17 (
18 ; an
19 (} The Trustee is authefized to hold eash awaiting ifives�mefit or- distfibtAieff tMjfj3VeSted for
20 reasonable time and without liability for- the payment of intefest the
21
22 ,
23
24 ;
and-
25S.C.
26 80a 1 et seq., '
27 .
28
29 .
30 (a) To sell, exehange, eenvey, transfeF, or otherwise dispose of any pr-E)perty held by it, by publie er private sale. No
31
32 ;
33
34 ;
35 (e) To register- any seetti4ties held ift the Fund in its own fiame or- in the name of a naminee and to hold mit, seewity
36
37 issue held by the Tfustee in other fidtteiar-y eapaoities, or to deposit or arrange for the depesit of sueh seettFities in —a
15 of 30

l qualified central
2 name of the neminee
depositofy though, deposited, be held in bulic in the
even when so stieh seettFities may merged and
deposited ther-ein by to deposit
of siie. "ith Othef Seetifities anothef per -son, Of or-
3
4 theFeOf-, With ff FedeFal
Reserve bank, btit the beeks the Taistee times that
and Fee(3fdS of shall at all show all stieh
5 0 ,.:.:oS are Pa ft
Of the F,...1.
6 (d) To deposit any
in the Rind in inteFest beaFiflg issued by the
cash aecounts maintained E)r- savings eertifieates
7 TFustee, iff itS SepaFate
iff banking institution the Tfustee, to the
COFf)E)Fate eapaeit�', OF an5' other- affiliated with &AimA
8 instiFed by an ageney
of the FedeF.,1 or- State g o.,.t. and-
9 /ol To 6OMPFOMiSe
Or Otherwise .,,1:,,s♦ .,11 ,.1, ims in FyoF of or against the Fund.
10 Seetion 9. TwEes
R*penses. All twEes kind that be levied in the Ftm
a -ad of any may assessed of: against or- r-espeet of
11
12
,
13
14 disbur-sements of
the Tfustee shall be paid ffem the Fund,
15 Section 10. Anntial
Valuation. The Tt-dstee least 30 days to the date
shall annually, at prior- anniver-safy E)
16
.
17 Any seetifities in
the Fund be than 60 days to the date
shall valtied at market valtie as of no mofe pFior- annivefsm�, o
18
19 sta4efnent has been
ftifflished to the GfanteF the Divisien binding by t
and shall eonstit-d4e a eaneittsively assent
20
21 in the statement
22 Section 11. Advice
Counsel. The Tmstee ffem time to time be to the
of may eonsult with eounsel, whe may eE)ttnsel
23 Grantor, with Fespeet
to to the this Agreement to be taken
any question arising as eofis4uetion of ot: any aetion
24
.
25
26 :.ing
f m time to time with the r -ant ..
27
28 E)f r-eplaeefnefit shall
be the Gr-afitaf has tfustee this the
nat effeetive until appointed a sueeesser- and stteeessEff ffeeepts
29 appointment. The
tfustee have the duties those the Tfustee
sueeesser- shall same power-s and as eenf�FFed tipon
30 her-eunder, Upon
the tmstee's the the TFustee transfer-,
stiecessor aeeeptanee of appointment, shall assign, and pay over
31
32 does not aet in the
the the Tfustee, the Tfustee to
event of Fesignation of may apply a eour-t of eompetefft juFisdietion
33
34
35
36 aets eentemplated
by this Seetio shall be pail as pfevided in Seetio 9
16 of 30

1 ,
2 writing, signed by sueh per -sons as are designated in the Exhibit A or- sueh othef designees as the Gfanter- may designate
3 by afaendfneH4 to Exhibit A. The T-1-astee shall be fully pr-oteeted in aeting vvithout i . i I i -danee with the
4 Gfanter's efdefs, requests, and ins4uetiens. All orders, requests, and instfuetions by the Division to the Tmstee sh
5 be in writing, signed by the Division, or- his designee, and the T-mstee shall aet and shall be fully pr-oteeted in aetifig
6
in aeeordanee with stieh ordefs, r-equests, and instfuetions. The Tfustee shall ha-ve the right to assume, in the absenee-
7 of written natiee to the eent-rary, that no event eenstituting a ehange oF a termination of the authority of any per -son to
8 aet on behalf of the Granter- or- Division hereunder- has oeetiffed. The T-fustee shall have ne &ty to aet in the abse
9
10 Seetion 15. Netiee of Nefipayi:nent. The T-nastee shall notify the Gfantor- and the Division by eeftified mail within 10
11 days fellewing e"iratian of the 30 day period after- the anniver-safy of the establishment of the T-fust, if fie paymefA
12
13 to send , otiee of nenpaytment.
14 Seetion 16. Amendment of Agreement. This Agr-eement may be amended by an ins4ument in vffiting exeeuled by -the
15 Granter, the TFustee, and the Division, or- by the Trustee and the Division if the GFantor- eeases to exist,
16 Seetien 17. iffevoeability and Termination. S*eet to the right ef the parties to amend this Agreement as provided in
17 ,
18 the T-atstee, and the Division, or- by the T-fustee and the Division, if the Gfa-ntE)f eeases to exist. Upon tei:fflinatien of
19 .
20 Seetien 18. immunity and indemnifieation. The Ti=ustee shall not inetif personal liability ef any natwe in eenneetion
21 , of in eaffying eut any dir-eetiefis by
22 the Grantor- or the Division issued in aeeor-danee with this Agr-eement. The Tfustee shall be indenmified and save
23 , ffem and against any personal liability to whieh the Tfustee
24
25 .
26 Seetion 19. Gheiee of Law. This Agr-eement shall be administer-ed, eenstmed, and enfer-eed aeeefding to the laws of
27 the State of NE)Fth C,...elin,
28 ,
29
30 the legal effieaey of this AgFeement.
31 in Witness Wher-eef the pai4ies have eeeased this Agreement te be exeetAed by theif r-espeetive effieer-s "ly aether-i
32 and their eefper-ate seals te be her-ewite affi*ed a -ad attested as ef the date first abeve vffitten� The pafties belew eeftify
33
34 .1629 ., wefe eanstituted on the date first ..Love written.
35
37 FgtIel
17 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
f}
{wall
{Sea4}
(4)
.�srrssf:*eer seeer��srs�
Date bond executed:
Rff
T-�'P2-e-f E)Fga-nizZatiOfi! [iiiS2 '�OiirtVefiti fe", "Pa}4#i2r-ship", OF "e8FPE)r- ti8Pq
State Of ifieOr-PEffatiOR!
Siifety(ies): [nafne(s) and business address'--"
18 of 30

I Solid Waste Section PeFmit T��fnbeF, name, addFess, and closwe OF POSt Closwe amotint(s) foF eaeh faeility gtiaFantee
3 Total penal stim of bend! N
6 Know
All Persons By These Presents, That the Pr-ineipal
Sur-ety(ies) hereto fiFmly botifid to the Not4h
7 Car-elina
we,
Division Solid Waste Management
and are
the Division), in the for- the
8
of (her-eiffafter-
bind heirs,
ealled above pettal stim
payment
9
of whieh we ourselves, ottF exectitoizs,
that, the Stirety(ies)
admitfistratoFs, stiecessors, and assigns jointly and
the Sureties, bind
sever
10 in
-ally; pFovided whefe aFe eorpoFations
"' "
aeting as eo sweties, we, otifselves
seeh
11
suffi
for- Ser-ett, binds itself-,
the Pr-ineipal, fef the
and
12
all ether- pttfposes eaeh join4y and
is for-th the Stifety, but
sever -ally with payment of stieb
if lifnit liability is ifidieated, the limit liability
stim
13 shall
14 Wher-eas,
only as set opposite name of stieh
be the F.,ll .. «r ,.F the penal
Pr-ificipal is the Solid Waste Management
ne of E)f
Rule to have in
15 order-
16 Whereas,
said r-eqttir-ed, under-
to own E)r- oper-ate each selid waste management f�eility
Pr-ineipal is to finaneial
.0201 as amended, a pennit
identified above, and-
f6r-
17 the
18 Alher-eas,
said t:equiFed provide assuFanee
permit, and
Pfineipal Wdst fund
elostitv oF post eloswe eare, as a eondition of
is bend is to
19 fifi
20 New,
said shall establish a standby as
a' e;
Therefore, the the thm
r-eqtiir-ed when a stwett, ttsed pr-ovide stieh
if the Pfineipal faithffilly, bef6fe the begififlifig
21 final
eenditions E)f obligation afe stieh
f4eility identified
shall E)
ffind the tatst ffind in the idelltifi
22 above
23 Or-,
elestir-e and pest e!E)sttr-e E)f eaeh above,
for- the F ,.;1;t..
if the PFineipal fund the 4ust fund in
standby afflOttflt(s)
15 days final to begin
24
shall standby sueh
amount(s) within afteF a Or-def:
25
,
26
90 days the date
is by both the Pr-ineipal the DiNision ffem
asstifanee,
27
within afler- notiee of emeellation
r-eeeived a+ld
28 The
;
Stifety(ies) beeame liable this band
the Pfineipal has failed te ffilfill the
29
shall on obligation anly
when eanditia
30 the
Sur-ety(ies) funds in the f6r-
,
the faeility(ies) into the tnast fund diree
31 by the
32 The
shall plaee amount guar-anteed
Divisio
liability the SuFety(ies) be disehaFged by
standby as
heFetinder-,
33
of shall not any
in the
payment or sueeession of payments unless
to the the bond, Nit in
and
34
35 The
tiatil stieh payment or- payments shall ametint aggfeg4e
Stifety(ies) the band by
penal stim of no event shall
.
by te the Pr-ineipal to the
36 Division,
may eaneel sending netiee of eaneellatien
hewever-, thm
eeftified mail and
dur-ing the 120 days beginning the date
37
pfavided, eaneellation shall fiet E)eetif
Em of r-eeeipt E)f-
.
19 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
(G) ,
be . e-de as follows, 0 0,mot that ifist-uetions l.,-aekets o to be
20 of 30

I
PERFORMANCE
BOTh�
2
3 Date be.-.,l
e e .,te.l.
4 1 FF
5 D,-;,....ipal. [legal
f a
..,1 business
...dress
of owner-
o e,_..tar]
6 Typeeretgan?zatiell:
[insert
�T��" 'RZn�m2rCventure",
"partner
-ship",
vr""'Y""`tierg
7 State of in
e r.,tien!
8
9 Solid Waste
Seetien Permit
lh�mber-,
fer
name,
address, and
elosttre,
pest
elestire,
er-
eerreetive
actien afneuiA(s) eae
10 faeility
by this
bond
guaranteed
[ifidiea4e
elesufe, past
elestife,
a -ad
eaffeetive
aetion
ametffits
sepafatel�+*
11 Total penal
sffm of be..,l,
Q
12 Sufety's bead
„ be.:
13
14 Knew All
Pefsens By
These Presents,
That the
Prineipal
Sur-ety(ies)
hereto
firmly bound to the No-
we,
and
are
15 Carolina DMsion
Solid Waste
Management
the
in
the for-
of
(hereinafter-
ealled
,
above penal stim
16
, and assigns join4ly and
17
that,
the
Stffety(ies)
the Sureties, bind
sever -ally;
provided
where
are eer-per-a4iens
aeting
as eo
stifeties,
we,
otffselv
18 ift
'jointly
for- the
sueh stffn
19 fef
a -ad
sever -ally"
only
Sureb,
purpose
binds itself-,
of allowing
a joifft
aetien
the
or- aetions
Prineipal,
against afi�, or- all ofusF
for the
and all
other pur-pases
eaeh
jointly
and
severally
with
paymefA of sue-h
20
is feAh
the
Sur-ety,
but
if
lifnit
liabil4y
is
indieated, the limit liability
stffn enly as
set
opposite
name
of stieh
no
E)f
of
21 shallbe the
full ., ..t
e f tb.e penal
22 Whereas,
Pr-ineipal
is
the Solid Waste
Management
Rule
to ha-ve in
said
r-equir-ed,
under-
.0201
as
amended, a permit
23 order- to offer-ete
eaeb se1id
waste
management
faeflity
identified
above,
an
24 Whereas,
Pr-ineipa4
is
to
finaneial
fet:
deswe,
said
required
provide
asswance
post
elestire
eare, or- eof:fvetive action
25 as a eandition
a f tl.e „e.
nit f and
26 Whereas,
Pr-ineipal
tfust
fund
is
bond is to
said
shall establish
a standby
as
r-e"iredwhen
a
surety
ttsed provide su
27
28
29
1 err
yes. _ . _
!. 11---
!r 11...... !....7
�fr.
32 And, if
the Prineipal faidiftilly
faeility
for- this bend
33
shall
in the
per-ferm post elesefe
ear-e of eaeh
w-hieh par-an4ees pest-
the
elesufe
34 be
eafe, weer-danee with
to
post elesur-e plan and
laws,
other Fe"ir-ements
of pefmit, as stieh pla-a a -ad pei:fait
laws,
may
35 r-egulafiens
36 And, if
amended, pursua-at all applieable
may be amended,
the Pr-ifteipal faithfully
stattites,
f+tles, and r-egulafiens
faeil4y
as stieh statutes, nales, and
for- this bond
shall peffem
eeffeetive aetion
of eaeh
whieh guafantees eeffeetive
21 of 30

1
2 and regulations may
3 Or-, if the Prineipal
be amended,
fifianeial
the
Division's
,
4 90
shall pfavide altefna4e
days the date
assufanee
and
is
obtain
by
vffitten
both the Pr-ineipal
approval
the Divisien
of stl
ffem
assur-anee, within
5 the Sufe�y(ies), then
after- netiee
this be
ef eaneellatien
r-eeeived
it is to
in full for-ee
and
6 The Swety(ies)
obligation shall null
beeeme liable this bond
and vaid, other
-wise
remain
the PFineipal
has failed
and e
to fulfill the
shall
7
8 Upon by
on
the Divisieff that the Prineipal
obligation only
has been
when
found
ift
the
eenditie
for
netifieatieft
9 faeilit-y fer- this
bead
vielafien
the Stifet-y(ies)
ef elestife
r-equir-ements
-a
in
w-hieh
10
gtiaran4ees per-fefma-aee
ef elestire,
shall either-
perform
closure
11 in4e the standby tFdst
12 U-pen by
Aind as difeeted by the Division.
the Divisien that the Pfineipal
has been
fi3tmd in
the
for-
natifieatien
13 faeility fef this
bend
violation
the
of post elasufe
Stir-ety(ies)
r-e"ir-emef4s
a
w-hieh
14 in
guarantees per-fafmanee
the
of post
elestife
eafe,
shall
either pei=faFm
the
post-
elosure ear-e aeeor-danee
15
16 Upon by
with pest elesufe
the Division that the Pr-ineipal
plan and other-
has beeff
permit
fetind iff
r-eqttir-efnents
or plaee
.
the
pest elosure
ameu
notification
17 for faeility for
this bend
vielatien
of eefrective
the Siffety(ies)
aetion requirements
a which
18
guarantees
per-fermanee ef
eoffeetive
aetien,
shall either
per-fe
19
20
21
ffem the Division
during
the 90
days following
by
both the Pr-ineipal
wfit4en approval efstieh
22
assufanee
r-eeeipt
23
24
.
25
,
26
27
,
.
28
bu4 in
, unless
29
30 The Surety(ies)
the bond by
by
.
to the
, no
even4 shall
may
31 te the Divisien,
eaneel sending
however-, tha4
notiee of eaneellation
eertified
during
mail
the 120 days
owner- er- opeFatef
beginning
an
the da4e
pr-evided,
32
eaneelleAien
shall net
eeetff
en
-ef
33 The Pr-ineipal temina4e
this bond by
to
the Stirety(ies),
however, that
.
may
34
sending
written netiee
provided,
no stleh
35 Divisien.
36
22 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
A i€tip- of eFedit,-asSpeeified-'in Paragraph (e)(1)(C) of this Rule, shall
be worded as follows, exeept that instmetions in br-aekets are to be
23 of 30

1 P.O.
Be* 2 764'7
2 Raleigh,
Nafth
Carolina,
27611 7697
3
4 Deaf
e;,- or- Ti1...1am:
5
6 We
hereby
irreveeable Standby
Letter- Credit
No.
in fa-veF, the
fef the
establish
etir
of
yotif at
request and aeeo,,
7
to the
U.S.
dollars
of
8
[owneF's or operator's
name and address]
tip aggfegate
amount
of [in weFds]
a-vailablee
9
FH
yo;tr- sight
dr--a€t,be gre€erenee
to this
letter- of er-edit
Ne. , ~a
10
: "I eei4ify
that the amotint of
the draft is payable purstia
11
to 1e
e ants of 1 5 A N
A G 1 3B .1628
a en
e.l 2
12
13
,
14
least
120 days
before the
date,
both
by
unless,
at
etffent
expiration
we netify
yott and [evmer-'s
or- operator's namel
15
that
have
deeided to
this letter
beyond the
date. in the
eeflified
mail
we
not ex4end
E)f or -edit
etiffent
expiration event
lb
the
be
dfaft for 120
you
are so notified,
any
unused pei4ien ef
efedit shall
available
upon presentation
of yetif sight
17 days
the date
by beth
the
after
of r-eeeipt
yett and
[owner-'s or
operator's
, as shown on
signed return .
18 Whenevef
this
let4er-
is dfavm
in
the tefms this
"Iy Woof
of er-edit
en, ttader-
and eomplianee
with
of
er-edit, we shall
19
draA
to
deposit the
the draft difeetly in4o
the taist ftta
stieh
upon
pr-esenta4ion
tis, a -ad we shall
a-motmt of
standby
20 r,
e -'s , operator's
name]
: aeeerda-neewith
yotif ins4uefiens.
21 Ale
tha4
the
this letter-
is identieal
to the
in
Paragraph 15A
eei4ify
war -ding
of of
er-edit
wording
speeified
(e)(2)(p) of
22 NCAC
1 3B .1628
., weFe
nstit„ted ,,n the
date slow
immediately
l.el,,..,
23
24
,
25
"
"
26
(1✓}
A eeftifieate
of insufanee,
as speeified
in Pafagr-aph
(e)(1)(D) of this
Rule, shall be worded as
27
follows,
exeept that ias4uetions
in br-aekets
are to be
feplaeed with the
relevant ififematien and t
28
l.Faekets
,lelete&
29
30
CERTIFICATE
OF, TA SU
AR10E FOR
CLOSURE
OR POST CLOSURE
QUM
31
32 Rl....,e
and Address
of !as
e
33 (herein
called the
)--
34
35 Tl.,....e
and Address
of inst,-e.l
36 (herein
called the
)-
37
24 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Faeilities Gever-e& [List fer- eaeh faeility� The Solid Waste Seetien Pefmit Ikhtmber-, name, address, and the amou-PA e
instifanee for- elastife of the ainatmt for post elestire care (these amounts for- all faeilities eavered shall total the faee
ametifit s e...,., belayy) l
Ili
---------------
(F)A -pit ,�.,1, l 0 0 f.oei fie.] in Paragraph /0\/1 \!Tl E) f this Rule,
Cal
eplaeed with the relevant information and the l.r ekets delete&
25 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
�f
fG4 A leeal govemment fifia-Heial test, as speeified in Paft (e)(1)(F) ef this Rule, shall be �,N,Orded
br. ekets deleted.
26 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
4-. Sum ofetiffe.,t closure pest elesure and a eetiye .,et:en eeet
estima4es-[tetal ofall -lest estimates , in the paragraphs abeve] ......
Total expenditures (AFIR Part A Cel,,nms ., P. b and Part G f r
±4-. Annual debt sefviee (AFIR Part 4 Section 1), $ ..........
A ssufe,d e e..tel eests to ,dem,,nst,-a4e F:,,..,neial responsibility
in the following amounts tmdef Division fules--.
27 of 30

1
2 Undefgr-etmd injeetien Cent:Fel System faeilities tmde
3 15A NCAC; 2D .04 00 and 1 SA NCAC; 2C; . ..........
4
5 PGB eem-mer-eial ster-age faeilities unde
6 15A NCAC 20.0100 and 15A NCAC 2N. ..........
7
8 Tetal asstifed efwir-efffnental vests ..........
9
10 ±-6-. Total Annual Reventie (AFIR Part 2) ..........
11
12 Gir-ele either- "yes" or- "fie" to the following questions.
13
14 7-. is line 5 dividedby line 6 less than eF equal to 0.43? yeshie
15
16 8-. is line 2 divided by line 3 gr-eater: than or- equal ton.05?
17
18 9-. is line 4 divided by line 3 less than or equal ton.20? ye4*e
19
20 BOND RATING PIDICATOR OF FWANGIAL ST-R1 IGTH
21
22 4-. Seim of euffent elestffe, post elesure and eorreetive aetio
23 eest estifna4es [tetal of all eest es4ima4es shevv:a in the
24 paragraphs abevej ..........
25
26 2, Current bond rating of most recent issuance and name of rating service ...........
27
28
3-. Date of issuanee baft ...........
29
30
4. Date of maturity of ben ...........
31
32
-5-. ASSUFed ep.-i4refimen4al eests to defneastfa* finaneial
33
responsibility in the following afnetmts tmder- Division ful
34
35
MSWLF under 15A NCAG 13B .1600 ..........
36
37
Hazardous waste tr-eatment, storage and disposal faeilities
28 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
-7-. is line 5 divided by line 6 less than or- e"al to 0.43? yes�*e
ff!T_!�f!el7�le.�tl:�is5!�.Tss!!t!lRTl7:ee!*!Jr�liS!el:fRs!_�i:11e!ttiSfsT.sS!T_lTlf.T.l:F!!1t!J!S!�T.!`[rA:
a ��i�l
History Note: Filed as a Temporary Rule Eff. November 9, 1993 for a period of 180 days or until the permanent
rule becomes effective, whichever is sooner;
29 of 30

1 Authority G.S. 130A-294; 130A-295.20);
2 Eff. April 9, 1994;
3 Amended Eff. October 1, 1994-1994;
4 Readopted E(f.' July 1, 2020.
30 of 30

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
15A NCAC 13B .1801 is adopted with changes as published in 34:16 NCR 1470 as follows:
SECTION .1800 - FINANCIAL ASSURANCE REQUIREMENTS FOR SOLID WASTE MANAGEMENT
FACILITIES
15A NCAC 13B .1801 GENERAL REQUIREMENTS
(a) Owners and operators of solid waste management facilities permitted by the Division in accordance with this
Subchapter shall establish financial assurance as an environmental liability in accordance with this Section, with the
exception of the following:
(1) municipal solid waste landfill facilities that stopped receiving waste before October 9, 1993;
(2) construction and demolition landfill facilities that ; stopped receiving
waste before June 30, 2008;
(3) scrap tire collection sites and solid waste compost facilities that are owned and operated by local
governments;
(4) solid waste management facilities that accept only yard waste, land clearing waste, or inert debris,
unless the owners or operators have a "history of significant or repeated violations" as defined by
G.S. 130A-295.3 (c);
(5) septage management facilities permitted by the Division in accordance with Section .0800 of this
Subchapter;
(6) facility owners and operators that are State or federal government entities; and
(7) Small Type III solid waste compost facilities as defined in Rule .1402 of this Subchapter.
(b) For the purposes of this Section, the term "sanitary landfill" shall include the following facilities unless the facility
is exempt from establishing financial assurance pursuant to Paragraph (a) of this Rule:
(1) industrial landfill facilities;
(2) municipal solid waste landfill facilities;
(3) construction and demolition landfill facilities; and
(4) landfills for the exclusive disposal of scrap tires, also known as "tire monofills."
(c) Owners and operators required to place documents in the facility's operating record pursuant to this Section shall
submit copies of the documents to the Division, except as provided for in Paragraph (d) of this Rule.
(d) Owners and operators of solid waste management facilities that are required to establish financial assurance in
accordance with this Section shall use the mechanisms provided in Rule .1805 of this Section to provide funding for
closure, post -closure care, a corrective action program, and potential assessment and corrective action. The
instruments used for financial assurance mechanisms shall be submitted to the Division as original signed hard copies,
and unless stated otherwise in Rule .1806 of this Section, the language of the mechanisms shall be identical to the
mechanism templates provided in Rule .1806 of this Section.
1 of 2

I (e) Owners and operators of solid waste management facilities that are required to establish financial assurance in
2 accordance with this Section shall submit itemized cost estimates for closure activities in accordance with Rule .1802
3 of this Section.
4 (f) Owners and operators of sanitary landfills that are required to establish financial assurance in accordance with this
5 Section shall submit itemized cost estimates for post -closure care activities in accordance with Rule .1803 of this
6 Section.
7 (g) Owners and operators of solid waste management facilities that are required to undertake a corrective action
8 program in accordance with the rules of this Subchapter shall submit itemized cost estimates for the corrective action
9 program in accordance with Rule .1804 of this Section.
10 (h) Owners and operators of sanitary landfills permitted by the Division in accordance with Rule .0207 of this
11 Subchapter shall annually submit the following information to the Division no less than 180 calendar days prior to the
12 renewal date of the financial assurance mechanisms for the facility:
13 (1) current description and size in acreage of any active portion of the facility that has closed since the
14 previous financial assurance mechanism renewal; and
15 (2) a description of the acreage proposed to remain active and proposed to be closed in the year
16 following the upcoming financial assurance mechanism renewal.
17 (i) Financial assurance for potential assessment and corrective action shall be established in accordance with G.S.
18 130A-295.2(h) and (hl), and shall be increased for inflation annually, concurrently with cost estimates for closure,
19 post -closure care, and corrective action programs in accordance with Rules .1802(b)(1), .1803(b)(1), and .1804(b)(1)
20 of this Section, respectively.
21 0) When the owner and operator of a solid waste management facility is required to adjust a cost estimate or the
22 amount of financial assurance for inflation in accordance with the rules of this Section, the adjustment for inflation
23 shall be made by using the US Department of Commerce, Bureau of Economic Analysis Gross Domestic Product,
24 implicit price deflator. The implicit price deflator that shall be used to adjust for inflation shall be published on the
25 Division's website at http://go.ncdenr.gov/fa by January 30 of each year. Financial assurance mechanisms that renew
26 in January shall use the previous year's implicit price deflator.
27
28 History Note: Authority G.S. 130A-294; 130A-295.2;
29 Eff. July 1, 2020.
2 of 2

1 15A NCAC 13B .1802 is adopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1802 FINANCIAL ASSURANCE COST ESTIMATE REQUIREMENTS FOR
4 CLOSURE
5 (a) Owner and operators shall meet the following requirements for closure cost estimate calculations:
6 (1) Owners and operators of solid waste management facilities other than sanitary landfills that are
7 required to establish financial assurance in accordance with this Section shall submit to the Division
8 with the permit application an itemized cost estimate for financial assurance for closure of the
9 facility. The closure cost estimate shall be adjusted in accordance with Subparagraphs (b)(1) and
10 (b)(2) of this Rule. The closure cost estimate shall be calculated by multiplying the maximum
11 tonnage of waste permitted to be stored on site by the cost per ton for a third party to remove the
12 waste, transport it, and dispose of it at the nearest facility permitted by the Division to receive such
13 waste. The calculations shall include estimates for all waste types that are permitted by the Division
14 in accordance with this Subchapter to be stored on site.
15 (2) Owners and operators of sanitary landfills that are required to establish financial assurance in
16 accordance with this Section shall submit to the Division with the permit application an itemized
17 cost estimate of the cost of hiring a third party to close the sanitary
18 landfill during the aefive life of the pennit in accordance with the facility's closure plan required in
19 accordance with this Subchapter. The closure cost estimate shall be adjusted in accordance with
20 Paragraph (b) of this Rule. A copy of the closure cost estimate shall be placed in the closure plan
21 and the facility's operating record.
22 (b) Owners and operators shall meet with the following requirements for adjustments to the cost estimate and the
23 amount of financial assurance:
24 (1) During the active life of the facility, the owner and operator shall annually adjust the closure cost
25 estimate and the amount of financial assurance for inflation. Owners and operators using the local
26 government financial test or capital reserve fund as set forth in Rule .1805(e) of this Section shall
27 submit the adjusted financial assurance mechanism to the Division prior to December 31, after the
28 end of the local government's fiscal year. Owners and operators using the corporate financial test or
29 corporate guarantee as set forth in Rule .1805(e) of this Section shall submit the adjusted financial
30 assurance mechanism to the Division no more than 90 calendar days following the close of the
31 corporate entity's fiscal year that is stated in the mechanism. Owners and operators using a financial
32 assurance mechanism set forth in Rule .1805(e) of this Section other than the local government
33 financial test, capital reserve fund, corporate financial test, or corporate guarantee shall submit the
34 adjusted financial assurance mechanism to the Division no less than 60 calendar days before the
35 anniversary of the initial date that the financial assurance mechanism was established.
36 (2) The owner and operator shall increase the closure cost estimate and the amount of financial
37 assurance and submit the revised closure cost estimate to the Division if changes to the closure plan
1 of 2

I or facility conditions increase the maximum cost of closure at any time during the remaining active
2 life of the facility.
3 (3) The owner and operator may request to reduce the closure cost estimate and the amount of financial
4 assurance if the cost estimate exceeds the maximum cost of closure at any time during the active
5 life of the facility by submitting a revised closure cost estimate and a written justification for the
6 reduction to the Division for approval no less than 180 calendar days prior to the anniversary of the
7 date the financial assurance mechanism was established. No reduction of the closure cost estimate
8 or the amount of financial assurance shall be allowed without written approval from the Division.
9 The reduction justification and the Division approval shall be placed in the facility's operating
10 record. In making the determination on approval of the request, the Division shall consider the
11 following factors for the facility:
12 (A) changes to operations, closure activities, or other circumstances;
13 (B) changes to third party closure costs;
14 (C) compliance status of the owner and operator; and
15 (D) environmental monitoring data.
16 (c) Owners and operators of solid waste management facilities that are required to establish financial assurance in
17 accordance with this Section shall establish financial assurance for closure of the facility in compliance with G.S.
18 130A-295.2(f). Owners and operators of sanitary landfills shall provide continuous coverage for closure until released
19 from financial assurance requirements for closure by demonstrating compliance with the facility's permit and closure
20 plan, with the closure letter issued to the facility by the Division, and with Rule .0543 of this Subchapter for
21 construction and demolition landfill facilities, Rule .1627(c) of this Subchapter for municipal solid waste landfill
22 facilities, and Rule .0510 of this Subchapter for other sanitary landfills. Owners and operators of solid waste
23 management facilities other than sanitary landfills shall provide continuous coverage for closure until released from
24 financial assurance requirements for closure by demonstrating that the closure requirements for the respective facility
25 type set forth in this Subchapter and the requirements in the facility's permit and closure plan have been met.
26 (d) Maintenance of financial assurance in the amounts required by this Rule does not in a -my way limit the
27 responsibility of owners or operators for the full cost of site closure and clean up, the expenses of any on -site or off-
28 site environmental restoration necessitated by activities at the facility, and liability for all damages to third parties or
29 private or public properties caused by the establishment and operation of the facility.
30
31 History Note: Authority G.S. 130A-294; 130A-295.2;
32 Eff. July 1, 2020.
2 of 2

I 15A NCAC 13B .1803 is adopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1803 FINANCIAL ASSURANCE COST ESTIMATE REQUIREMENTS FOR POST-
4 CLOSURE CARE
5 (a) Owners and operators of sanitary landfills that are required to establish financial assurance in accordance with this
6 Section shall submit to the Division with the permit application a cost estimate for financial assurance for post -closure
7 care of the facility that contains an itemized cost estimate of the cost of hiring a third party to conduct post -closure
8 care for the sanitary landfill in compliance with the post -closure care plan developed in accordance with this
9 Subchapter. The post -closure care cost estimate shall be adjusted in accordance with Subparagraphs (b)(1) and (b)(2)
10 of this Rule. The post -closure care cost estimate used to demonstrate financial assurance shall account for the total
11 costs of conducting post -closure care for any closed and active portions of the facility, including annual and periodic
12 costs as described in the post -closure care plan over the entire post -closure care period. The cost estimate for post-
13 closure care shall be based on the most expensive costs of post -closure care during the post -closure care period. The
14 post -closure care cost estimate shall be placed in the operating record.
15 (b) Owners and operators shall meet the following requirements for adjustments to the post -closure care cost estimate
16 and the amount of financial assurance:
17 (1) During the active life of the facility, the owner and operator shall annually adjust the post -closure
18 care cost estimate and the amount of financial assurance for inflation. Owners and operators using
19 the local government financial test or the capital reserve fund as set forth in Rule .1805(e) of this
20 Section shall submit the adjusted financial assurance mechanism to the Division prior to December
21 31, after the end of the local government's fiscal year. Owners and operators using the corporate
22 financial test or corporate guarantee as set forth in Rule .1805(e) of this Section shall submit the
23 adjusted financial assurance mechanism to the Division no more than 90 calendar days following
24 the close of the corporate entity's fiscal year that is stated in the mechanism. Owners and operators
25 using a financial assurance mechanism set forth in Rule .1805(e) of this Section other than the local
26 government financial test, capital reserve fund, corporate financial test, or corporate guarantee shall
27 submit the adjusted financial assurance mechanism to the Division no less than 60 calendar days
28 before the anniversary of the initial date the financial assurance mechanism was established.
29 (2) The owner and operator shall increase the post -closure care cost estimate and the amount of financial
30 assurance and submit the revised post -closure care cost estimate to the Division if changes to the
31 post -closure care plan or facility conditions increase the maximum cost of post -closure care at any
32 time during the remaining active life of the facility.
33 (3) The owner and operator may request to reduce the post -closure care cost estimate and the amount
34 of financial assurance if the cost estimate exceeds the maximum cost of post -closure care at any
35 time during the active life of the facility by submitting a revised post -closure care cost estimate and
36 a written justification for the reduction to the Division for approval no less than 180 calendar days
37 prior to the anniversary of the date the financial assurance mechanism was established. No reduction
1 of 2

1 of the post -closure care cost estimate or the amount of financial assurance shall be allowed without
2 written approval from the Division. The reduction justification and the Division approval shall be
3 placed in the facility's operating record. In making the determination on approval of the request, the
4 Division shall consider the following factors for the facility:
5 (A) changes to operations, post -closure care activities, or other circumstances;
6 (B) changes to third partypost-closure care costs;
7 (C) compliance status of the owner and operator; and
8 (D) environmental monitoring data.
9 (c) Owners and operators of solid waste management facilities that are required to establish financial assurance in
10 accordance with this Section shall establish financial assurance for post -closure care of the facility in compliance with
11 G.S. 130A-295.2(f). The owner and operator shall provide continuous coverage for post -closure care until released
12 from financial assurance requirements for post -closure care by demonstrating compliance with the facility's permit
13 and post -closure care plan, with the closure letter issued to the facility by the Division, and with Rule .0543 of this
14 Subchapter for construction and demolition landfill facilities and Rule .1627(d) of this Subchapter for municipal solid
15 waste landfill facilities.
16 (d) Maintenance of financial assurance in the amounts required by this Rule does not in any way limit the
17 responsibility of owners or operators for the full cost of site closure and clean up, the expenses of any on -site or off-
18 site environmental restoration necessitated by activities at the facility, and liability for all damages to third parties or
19 private or public properties caused by the establishment and operation of the facility.
20
21 History Note: Authority G.S. 130A-294; 130A-295.2;
22 Eff. July 1, 2020.
2 of 2

1 15A NCAC 1313.1804 is adopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1804 FINANCIAL ASSURANCE COST ESTIMATE REQUIREMENTS FOR
4 CORRECTIVE ACTION PROGRAMS
5 (a) Owners and operators shall meet the following requirements for corrective action program cost estimate
6 calculations:
7 (1) The owner and operator of a sanitary landfill required by the Division to undertake a corrective
8 action program in accordance with Rules .0545 or .1637 of this Subchapter shall have an itemized
9 cost estimate of the cost of hiring a third party to implement the corrective action program. The
10 corrective action program cost estimate shall be adjusted in accordance with Subparagraphs (b)(1)
11 and (b)(2) of this Rule. The cost estimate shall include the total costs of the corrective action program
12 for the entire corrective action period. The owner and operator shall submit the cost estimate to the
13 Division for approval and shall place the approved cost estimate in the operating record. The cost
14 estimate shall be approved if it is in compliance with the rules of this Section, Rule .0545 or Rules
15 .1635 through .1637 of this Subchapter, and 15A NCAC 02L. Once every five years, the owner and
16 operator shall update the cost estimate of the corrective action program and submit the following
17 information to the Division in writing:
18 (A) a description of the remedial actions selected pursuant to Rule.0545(e) or Rule .1636 of
19 this Subchapter that have not been completed;
20 (B) the number of years remaining for each remedial action until the remedial action is
21 complete; and
22 (C) the updated cost estimate for the remaining remedial actions.
23 (2) In addition to the requirements for the corrective action program set forth in Subparagraph (1) of
24 this Paragraph, the owner and operator of a sanitary landfill required to establish financial assurance
25 in accordance with this Section shall comply with the requirements for potential assessment and
26 corrective action set forth in G.S. 130A-295.2(h) and (hl).
27 (b) Owners and operators shall meet the following requirements for adjustments to the corrective action cost estimate
28 and the amount of financial assurance:
29 (1) During the active life of the facility, the owner and operator shall annually adjust the cost estimates
30 for the corrective action program and potential assessment and corrective action and the amount of
31 financial assurance for inflation. Owners and operators using the local government financial test or
32 capital reserve fund as set forth in Rule .1805(e) of this Section shall submit the adjusted financial
33 assurance mechanism for the corrective action program and potential assessment and corrective
34 action to the Division prior to December 31, after the end of the local government's fiscal year.
35 Owners and operators using the corporate financial test or corporate guarantee as set forth in Rule
36 .1805(e) of this Section shall submit the adjusted financial assurance mechanisms for the corrective
37 action program and potential assessment and corrective action to the Division no more than 90
1 of 3

I calendar days following the close of the corporate entity's fiscal year that is stated in the mechanism.
2 Owners and operators using a financial assurance mechanism provided in Rule .1805(e) of this
3 Section, other than the local government financial test, capital reserve fund, corporate financial test,
4 or corporate guarantee, shall submit the adjusted financial assurance mechanism to the Division no
5 less than 60 calendar days before the anniversary of the initial date the financial assurance
6 mechanism was established.
7 (2) The owner and operator shall increase the cost estimate for the corrective action program and the
8 amount of financial assurance and submit the revised cost estimate to the Division if changes to the
9 corrective action program or facility conditions increase the maximum cost of corrective action
10 program at any time during the remaining active life of the facility.
11 (3) The owner and operator may request to reduce the cost estimate for the corrective action program
12 and the amount of financial assurance if the cost estimate exceeds the maximum cost of the
13 corrective action program at any time during the active life of the facility by submitting a revised
14 cost estimate for the corrective action program and a written justification for the reduction to the
15 Division for approval no less than 180 calendar days prior to the anniversary of the date the financial
16 assurance mechanism was established. No reduction of the corrective action program cost estimate
17 or the amount of financial assurance shall be allowed without written approval from the Division.
18 The reduction justification and the Division approval shall be placed in the facility's operating
19 record. In making the determination on approval of the request, the Division shall consider the
20 following factors for the facility:
21 (A) completion of or changes to corrective action program activities or other circumstances;
22 (B) changes to third party corrective action program costs;
23 (C) compliance status of the owner and operator; and
24 (D) environmental monitoring data.
25 (c) Owners and operators of sanitary landfills that are required to undertake a corrective action program under Rules
26 .0545 or .1637 of this Subchapter shall establish financial assurance in accordance with this Section for the most recent
27 corrective action program in compliance with G.S. 130A-295.2(f). The owner and operator shall provide continuous
28 coverage for the corrective action program until released from financial assurance requirements for the corrective
29 action program by demonstrating compliance with the facility's permit and corrective action plan, 15A NCAC 02-L
30 02L, and Rule .0545(m) and (n) of this Subchapter for construction and demolition landfill facilities, and Rule .1637(f)
31 and (g) of this Subchapter for municipal solid waste landfill facilities.
32 (d) Maintenance of financial assurance in the amounts required by this Rule does not in any limit the
33 responsibility of owners or operators for the full cost of site closure and clean up, the expenses of any on -site or off-
34 site environmental restoration necessitated by activities at the facility, and liability for all damages to third parties or
35 private or public properties caused by the establishment and operation of the facility.
36
37 History Note: Authority G.S. 130A-294; 130A-295.2;
2of3

Eff.' July 1, 2020.
3 of 3

1 15A NCAC 13B .1805 is adopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1805 ALLOWABLE MECHANISMS FOR FINANCIAL ASSURANCE
4 (a) Pursuant to G.S. 130A-295.2, owners and operators of solid waste management facilities that are required to
5 establish financial assurance in accordance with this Section shall choose one of the mechanisms or a combination of
6 mechanisms in Paragraph (e) of this Rule to cover the cost of closure, post -closure care, corrective action programs,
7 and potential assessment and corrective action.
8 (b) When multiple financial assurance mechanisms are established, no more than one allowable mechanism shall be
9 provided by the same financial institution or its corporate entities. The corporate financial test provided by a
10 corporation and the corporate guarantee provided by a corporate parent, sibling, or grandparent fflay shall not be
11 combined if the financial statements of the two firms are consolidated. A surety bond mechanism guaranteeing
12 performance shall not be combined with other mechanisms. The mechanisms shall be submitted to the Division as
13 original signed hard copies, and the language of each mechanism shall be identical to the language specified in Rule
14 .1806 of this Section for that mechanism.
15 (c) A corporate seal shall be required to complete the financial assurance mechanism as part of the certification of
16 acknowledgement required in the mechanism language in Rule .1806 of this Section for a corporate owner or operator
17 using a trust fund, surety bond guaranteeing payment or performance, corporate financial test, and corporate guarantee
18 as set forth in Paragraph (e) of this Rule. When a corporate seal is required to certify a financial assurance mechanism
19 but the corporation does not have a corporate seal, a member of the corporation's senior management or a
20 representative of the board of directors shall submit to the Division a copy of the corporation's bylaws, a corporate
21 ownership organization chart describing the relationship of the facility owner and operator to the corporation and its
22 parent companies, contact information for the board of directors or senior management for the corporation, and a
23 statement on corporate letterhead stating the signee has the authority to execute correspondence and financial
24 assurance mechanisms on behalf of the corporation, pursuant to G.S. 130A-295.2(f). The documentation shall be
25 submitted to the Division of Waste Management, Solid Waste Section at 1646 Mail Service Center, Raleigh, NC
26 27699. Senior management for the corporation shall be one of the following positions: the Chief Executive Officer or
27 President, the Chief Operating Officer or Vice President, or the Chief Financial Officer or Treasurer.
28 (d) The July 1, 2010 edition of 40 CFR 258.74 is incorporated by reference and can be obtained free of charge from
29 the Division's website at http://go.ncdenr.gov/fa. When used in 40 CFR 258.74, except where the context requires
30 references to remain without substitution, "United States" and "State" shall mean the State of North Carolina;
31 "Agency" shall mean the Department of Environmental Quality; "Director" shall mean the Secretary of the Department
32 of Environmental Quality; "municipal solid waste landfills facility(ies)", "MSWLF(s)", or "MSWLF unit(s)" shall
33 mean solid waste management facility or facilities; and "owner or operator" shall mean the owner and operator of a
34 solid waste management facility.
35 (e) The following mechanisms may be used to meet the requirements of this Section for financial assurance.
36 (1) A trust fund as set forth in 40 CFR 258.74(a), including the following requirements.
1 of 5

I (A) The trust fund may be elected as a standby trust mechanism to accompany the surety bond
2 mechanism in Subparagraph (2) of this Paragraph, or the letter of credit mechanism in
3 Subparagraph (3) of this Paragraph; or may be elected as a standalone funded trust
4 mechanism.
5 (B) 40 CFR 258.74(a)(7) is revised to state: "The owner or operator, or other person authorized
6 to conduct closure, post -closure care, or corrective action activities may request
7 reimbursement from the trustee for these expenditures. Requests for reimbursement shall
8 be granted only if sufficient funds are remaining in the trust fund to cover the remaining
9 costs of closure, post -closure care, corrective action programs, or potential assessment and
10 corrective action, and if justification and documentation of the cost is submitted to the
11 Division and placed in the operating record."
12 (C) The trust agreement shall be accompanied by a certification of acknowledgement as
13 specified following the language of the trust agreement in Rule .1806(1) of this Section.
14 (D) Schedule A of the trust agreement shall be updated no less than 60 days after any change
15 in the amount of the current cost estimate covered by the agreement.
16 (2) Surety bonds guaranteeing payment or performance as set forth in 40 CFR 258.74(b) including the
17 following requirements.
18 (A) The surety company issuing the bond shall be licensed to do business in North Carolina.
19 (B) Bonding companies may write bonds with a penal sum over their underwriting limitation
20 if they protect the excess amount with reinsurance, coinsurance, or other methods as
21 specified at 31 CFR 223.10-11 and submit documentation to the Division. The owner and
22 operator shall provide the Division with current contact information for the surety company
23 for the life of the mechanism. 31 CFR 223.10-11 is incorporated by reference including
24 subsequent amendments and editions and can be accessed free of charge at the U.S.
25 Government Publishing Office website at www.ecfr.gov.
26 (C) The penal sum of the surety bond shall be adjusted for inflation or any increase or decrease
27 in the amount of financial assurance in accordance with Rule .1802(b), Rule .1803(b), or
28 .1804(b) of this Section.
29 (D) The bonded liability limit shall not be less than the penal sum of the surety bond and shall
30 be adjusted annually for inflation or any increase or decrease in the amount of financial
31 assurance in accordance with Rule .1802(b), Rule .1803(b), or .1804(b) of this Section.
32 (E) If the owner and operator is no longer required to demonstrate financial responsibility, the
33 owner and operator may cancel the surety bond in accordance with the requirements of
34 Rules .1802(c), .1803(c), or .1804(c) of this Section.
35 (3) A letter of credit as set forth in 40 CFR 258.74(c) including the following requirements.
36 (A) The owner and operator shall establish a standby trust fund. The standby trust fund shall
37 meet the requirements of 40 CFR 258.74(a) except the requirements for initial payment
2of5

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
(4)
(5)
(6)
(7)
and subsequent annual payments specified in 40 CFR 258.74(a)(2), (3), (4), and (5).
Payments made under the terms of the letter of credit shall be deposited by the financial
institution directly into the standby trust fund.
(B) No payments shall be made from the trust fund unless approved by the trustee and the
Division.
(C) The letter of credit shall be adjusted for inflation or any increase or decrease in the amount
of financial assurance in accordance with Rule .1802(b), Rule .1803(b), or .1804(b) of this
Section.
(D) If the owner and operator is no longer required to demonstrate financial responsibility, the
owner and operator may cancel the letter of credit in accordance with the requirements of
Rules .1802(c), .1803(c), or .1804 (c) of this Section.
Insurance as set forth in 40 CFR 258.74(d), and if the owner and operator is no longer required to
demonstrate financial responsibility, the owner and operator may cancel the insurance policy in
accordance with the requirements of Rules .1802(c), .1803(c), or .1804(c) of this Section.
A corporate financial test as set forth in 40 CFR 258.74(e) including the following requirements.
(A) The corporate financial test shall be adjusted for inflation or any increase or decrease in the
amount of financial assurance in accordance with Rule .1802(b), Rule .1803(b), or .1804(b)
of this Section.
(B) If the owner and operator is no longer required to demonstrate financial responsibility, the
owner and operator may cancel the test in accordance with the requirements of Rules
.1802(c), .1803(c), or .1804(c) of this Section.
A local government financial test as set forth in 40 CFR 258.74(f) including the following
requirements.
(A) Owner and operators submitting a local government financial test that utilizes the bond
rating indicator of financial strength shall submit a copy of the bond showing proof of the
current bond rating of the most recent issuance and name of rating service, date of issuance
of the bond, and date of maturity of the bond.
(B) The local government test shall be adjusted for inflation or any increase or decrease in the
amount of financial assurance in accordance with Rule .1802(b), Rule .1803(b), or .1804(b)
of this Section.
(C) If the owner and operator is no longer required to demonstrate financial responsibility, the
owner and operator may cancel the test in accordance with the requirements of Rules
.1802(c), .1803(c), or .1804(c) of this Section.
A corporate guarantee as set forth in 40 CFR 258.74(g) including the following requirements.
(A) The owner and operator shall submit a corporate ownership organization chart describing
the relationship of the owner and operator to the guarantor as defined in 40 CFR
258.74(g)(1) when financial assurance is initially established, and annually thereafter.
3 of 5

I
(B)
The corporate guarantee shall be adjusted for inflation or any increase or decrease in the
2
amount of financial assurance in accordance with Rule .1802(b), Rule .1803(b), or .1804(b)
3
of this Section.
4
(C)
If the owner and operator is no longer required to demonstrate financial responsibility, the
5
owner and operator may cancel the guarantee in accordance with the requirements of Rules
6
.1802(c), .1803(c), or .1804(c) of this Section.
7
(8) A capital reserve fund that meets the following requirements.
8
(A)
An owner and operator of a solid waste management facility that is a unit of local
9
government or public authority may satisfy the requirements of this Rule by establishing a
10
capital reserve fund which conforms to the requirements of this Subparagraph. The unit of
11
local government or public authority shall be an entity which has the authority to establish
12
a capital reserve fund under authority of G.S. 159 Part 2 and whose financial operations
13
are regulated and examined by a State agency. The capital reserve fund shall be established
14
consistent with auditing, budgeting, and government accounting practices as prescribed in
15
G.S. 159-30 and by the Local Government Commission. A copy of the capital reserve fund
16
ordinance or resolution with a certified copy of the meeting minutes and a copy of
17
documentation of initial and subsequent years' deposits shall be submitted to the Division
18
and placed in the facility's operating record.
19
(B)
Payments into the capital reserve fund shall be made annually by the unit of local
20
government or public authority over the term of the initial permit or over the remaining life
21
of the facility for closure or post -closure care, or over one-half of the estimated length of
22
the corrective action program when a corrective action program is required in accordance
23
with Rules .0545 or .1637 of this Subchapter. This period is referred to as the "pay -in
24
period".
25
(C)
For a capital reserve fund used to demonstrate financial assurance for closure and post-
26
closure care, the first payment into the fund shall be at least equal to the current cost
27
estimate for closure or post -closure care, divided by the number of years in the pay -in
28
period as defined in Part (B) of this Subparagraph. The amount of subsequent payments
29
shall be determined by the following formula:
30
Next Payment = [CE-CV]/Y
31
where CE is the current cost estimate for closure or post -closure care (updated for inflation
32
or other changes), CV is the current value of the capital reserve fund, and Y is the number
33
of years remaining in the pay -in period.
34
(D)
For a capital reserve fund used to demonstrate financial assurance for a corrective action
35
program, the first payment into the capital reserve fund shall be at least equal to one-half
36
of the current cost estimate for the corrective action program. The total cost of the second
4of5

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 History Note:
37
half of the corrective action program period shall be divided into subsequent payments
determined by the following formula:
Next Payment = [RB-CV]/Y
where RB is the most recent cost estimate for the corrective action program, updated for
inflation or other changes (i.e. the total cost that will be incurred during the second half of
the corrective action period), CV is the current value of the capital reserve fund, and Y is
the number of years remaining in the pay -in period.
(E) The initial payment into the capital reserve fund shall be made before the initial receipt of
waste in the case of closure and post -closure care, or no later than 120 calendar days after
the corrective action remedy has been selected in accordance with the requirements of this
Subchapter. Subsequent payments shall be made no later than 30 calendar days after each
anniversary date of the first payment.
(F) If the unit of local government or public authority establishes a capital reserve fund after
having used one or more alternate mechanisms specified in this Rule, the initial payment
into the capital reserve fund shall be at least the amount that the fund would contain if the
capital reserve fund had been established on the initial date that the alternate mechanism
was established, and annual payments to the fund had been made according to the
specifications of this Subparagraph.
(G) The unit of local government or public authority authorized to conduct closure, post -
closure care, or corrective action programs may expend capital reserve funds to cover the
remaining costs of closure, post -closure care, corrective action programs, or for the debt
service payments on financing arrangements for closure, post -closure care, or corrective
action programs. Monies in the capital reserve fund shall only be used for these purposes
unless the fund is terminated in accordance with Part (I) of this Subparagraph. The unit of
local government or public authority shall document expenditures and provide a written
justification for each expenditure and shall submit a copy to the Division and place a copy
in the operating record.
(H) The unit of local government or public authority shall adjust for inflation or any increase
or decrease in the amount of financial assurance in accordance with Rule .1802(b),
.1803(b), or .1804(b) of this Section.
(1) To maintain financial assurance, a unit of local government or public authority may only
terminate a capital reserve fund if it substitutes alternate financial assurance as specified in
this Rule or if no longer required to demonstrate financial responsibility in accordance with
the requirements of Rules .1802(c), .1803(c), or .1804(c) of this Section.
Authority G.S. 130A-294; 130A-295.2;
Eff July 1, 2020.
5 of 5

1 15A NCAC 13B .1806 is adopted with changes as published in 34:16 NCR 1470 as follows:
2
3 15A NCAC 13B .1806 LANGUAGE OF MECHANISMS FOR FINANCIAL ASSURANCE
4 The financial assurance mechanisms set forth in Rule .1805 of this Section shall use the language provided in this
5 Rule, and shall be in accordance with 40 CFR 258.74(1).
6 (1) Trust Agreement. A trust agreement for a trust fund, as specified in Rule .1805(e)(1) of this Section,
7 shall be worded as follows, except that instructions in brackets are to be replaced with the relevant
8 information and the brackets deleted:
9 TRUST AGREEMENT
10 Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a [name
11 of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate
12 trustee], [insert "incorporated in the State of [name of state]" or "a national bank"], the "Trustee."
13 Whereas, the Division of Waste Management, the "Division," an agency of the State of North Carolina, has established
14 certain regulations applicable to the Grantor, requiring that an owner or operator of a solid waste management facility
15 shall provide assurance that funds shall be available when needed for closure, post -closure care, corrective action
16 programs, or potential assessment and corrective action of the facility,
17 Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities
18 identified herein,
19 Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this
20 agreement, and the Trustee is willing to act as trustee.
21 Now, therefore, the Grantor and the Trustee agree as follows:
22 Section 1. Definitions. As used in this Agreement:
23 (a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of
24 the Grantor.
25 (b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
26 Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates
27 identified on schedule A [on schedule A, for each facility list the name, address, Solid Waste Section Permit Number,
28 and the current closure, post -closure care, corrective action program cost estimates, or portions thereof, for which
29 financial assurance is demonstrated by this Agreement].
30 Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit
31 of the Division. The Grantor and the Trustee intend that no third party have access to the Fund except as herein
32 provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described
33 in Schedule B. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund,
34 together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this
35 Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be
36 responsible, nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the
37 Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Division.
1 of 27

I Section 4. Payment for Closure, Post -Closure Care, and Corrective Action Programs. The Trustee shall make
2 payments from the Fund as the Division shall direct, in writing, to provide for the payment of the costs of closure,
3 post -closure care, or corrective action programs of the facilities covered by this Agreement. The Trustee shall
4 reimburse the Grantor or other persons as specified by the Division from the Fund for closure, post -closure care, and
5 corrective action program expenditures in such amounts as the Division shall direct in writing. In addition, the Trustee
6 shall refund to the Grantor such amounts as the Division specifies in writing. upon refund, such funds shall no longer
7 constitute part of the Fund as defined herein.
8 Section 5. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or
9 securities acceptable to the Trustee.
10 Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep
11 the Fund invested as a single fund, without distinction between principal and income, in accordance with general
12 investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time,
13 subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the
14 Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and
15 with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting
16 in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with
17 like aims; except that:
18 (i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any
19 of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-
20 2.(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or
21 State government;
22 (ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent
23 insured by an agency of the Federal or State government; and
24 (iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a
25 reasonable time and without liability for the payment of interest thereon.
26 Section 7. Commingling and Investment. The Trustee is expressly authorized in its discretion:
27 (a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust
28 fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be
29 commingled with the assets of other trusts participating therein; and
30 (b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C.
31 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered
32 or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
33 Section 8. Express Powers of Trustee. Without in any way limiting the powers and discretions conferred upon the
34 Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
35 (a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No
36 person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the
37 validity or expediency of any such sale or other disposition;
2 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all
other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security
in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same
issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a
qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the
name of the nominee of such depository with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality
thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such
securities are part of the Fund;
(d) To deposit any cash in the Fund in interest -bearing accounts maintained or savings certificates issued by the
Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent
insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses. All taxes of any kind that may be assessed or levied against or in respect of the Fund
and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the
Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee,
the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and
disbursements of the Trustee shall be paid from the fund.
Section 10. Annual Valuation. The Trustee shall annually, at least 30 days prior to the anniversary date of
establishment of the Fund, furnish to the Grantor and to the Division a statement confirming the value of the Trust.
Any securities in the fund shall be valued at market value as of no more than 60 days prior to the anniversary date of
establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the
statement has been furnished to the Grantor and the Division shall constitute a conclusively binding assent by the
Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed
in the statement.
Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the
Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken
hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable compensation for its services as agreed
upon in writing from time to time with the Grantor.
Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace the Trustee, but such resignation
or replacement shall not be effective until the Grantor has appointed a successor Trustee and this successor accepts
the appointment. The successor Trustee shall have the same powers and duties as those conferred upon the Trustee
hereunder. Upon the successor Trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay
over to the successor Trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot
or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction
3 of 27

I for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it
2 assumes administration of the trust in writing sent to the Grantor, the division, and the present Trustee by certified
3 mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the
4 acts contemplated by this Section shall be paid as provided in section 9.
5 Section 14. Instructions to the Trustee. All orders, requests, and instructions by the Grantor to the Trustee shall be in
6 writing, signed by such persons as are designated in the exhibit a or such other designees as the Grantor may designate
7 by amendment to Exhibit A. The trustee shall be fully protected in acting without inquiry in accordance with the
8 Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Division to the Trustee shall
9 be in writing, signed by the Division, or his designee, and the Trustee shall act and shall be fully protected in acting
10 in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence
11 of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to
12 act on behalf of the Grantor or Division hereunder has occurred. The trustee shall have no duty to act in the absence
13 of such orders, requests, and instructions from the grantor or division, except as provided for herein.
14 Section 15. Notice of Nonpayment. The Trustee shall notify the Grantor and the Division by certified mail within 10
15 days following expiration of the 30-day period after the anniversary of the establishment of the Trust, if no payment
16 is received from the Grantor during that period. After the pay -in period is completed, the Trustee shall not be required
17 to send a notice of nonpayment.
18 Section 16. Amendment of Agreement. This Agreement may be amended by an instrument in writing executed by the
19 Grantor, the Trustee, and the Division, or by the Trustee and the Division if the Grantor ceases to exist.
20 Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in
21 section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor,
22 the Trustee, and the Division, or by the Trustee and the Division, if the Grantor ceases to exist. Upon termination of
23 the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
24 Section 18. Immunity and Indemnification. The Trustee shall not incur personal liability of any nature in connection
25 with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by
26 the Grantor or the Division issued in accordance with this Agreement. The Trustee shall be indemnified and saved
27 harmless by the Grantor or from the Trust fund, or both, from and against any personal liability to which the Trustee
28 may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred
29 in its defense in the event the Grantor fails to provide such defense.
30 Section 19. Choice of Law. This Agreement shall be administered, construed, and enforced according to the laws of
31 the State of North Carolina.
32 Section 20. Interpretation. As used in this agreement, words in the singular include the plural and words in the plural
33 include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or
34 the legal efficacy of this Agreement.
35 In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized
36 and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify
4 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
that the wording of this agreement is identical to the wording specified in 15A NCAC 13B .1806(1) as were constituted
on the date first above written.
[Signature of Grantor]
[Title]
Attest: [insert name of Corporation's Senior Management]
[Title]
[Seal]
State of North Carolina
County of [Name of County]
On this [date], before me personally came [name of owner or operator] to me known, who, being by me duly sworn,
did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in
and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that
she/he signed her/his name thereto by like order.
Witness my hand and official seal this [Day] day of [Month], 20[Year].
[insert Signature of Notary]
Official Signature of Notary
[Notary's printed or typed name]
Notary Public
[Official Seal]
My commission expires: [insert Date of Commission Expiration]
[Or for no corporate seal, see 15A NCAC 13B .1805(c) and utilize the certification of acknowledgement below]
State of North Carolina
County of [Name of County]
I, [Name of Officer Taking Acknowledgment], a [Official Title of Officer Taking Acknowledgment], certify that
[Name of Corporate Officer] personally came before me this day and acknowledged that he/she is [Title of Corporate
Officer] of [insert Legal Name of Corporation], a corporation, and that he/she, as [insert Title of Officer], being
authorized to do so, executed the foregoing on behalf of the corporation.
Witness my hand and official seal this [Day] day of [Month], 20[Year].
[insert Signature of Notary]
Official Signature of Notary
[Notary's printed or typed name]
Notary Public
[Official Seal]
My commission expires: [insert Date of Commission Expiration]
[Signature of Trustee]
[Title]
5 of 27

I Attest: [insert name]
2 [Title]
3 [Seal]
4 State of North Carolina
5 County of [Name of County]
6 I, [Name of Officer Taking Acknowledgment], a [Official Title of Officer Taking Acknowledgment], certify that
7 [Name of Corporate Officer] personally came before me this day and acknowledged that he/she is [Title of Corporate
8 Officer] of [insert Legal Name of Corporation], a corporation, and that he/she, as [insert Title of Officer], being
9 authorized to do so, executed the foregoing on behalf of the corporation.
10 Witness my hand and official seal this [Day] day of [Month], 20[Year].
11 [insert Signature of Notary]
12 Official Signature of Notary
13 [Notary's printed or typed name]
14 Notary Public
15 [Official Seal]
16 My commission expires: [insert Date of Commission Expiration]
17 Schedule A for Trust Agreement
18 [For Each Facility:]
19 Facility Name: [Facility Name]
20 Facility Address: [Facility Address]
21 Permit Number: [Permit Number]
22 Closure Costs: $ [Amount]
23 Post -Closure Care Costs: $ [Amount]
24 Corrective Action Program: $ [Amount]
25 Potential Assessment and Corrective Action: $ [Amount]
26 Total Aggregate Amount to be Funded by this Trust: $ [Amount]
27 Schedule B for Trust Agreement
28 [For Standby Trust]
29 Trust Property: This Fund shall consist of funds drawn from [insert type of mechanism] [ex. Letter of credit No. [insert
30 number] dated [date] issued by [name of bank] at such time said funds are directly deposited into the Trust account.
31 [For Funded Trust]
32 Trust Property: This Fund shall consist of cash in the amount of $[insert cash amount]. [Aggregate full amount of
33 closure, post -closure care, any corrective action program, and potential assessment and corrective action from
34 Schedule A.]
35 OR, for pay -in period over the term of the initial permit or the remaining life of the solid waste management facility,
36 include a payment schedule.
37 Trust Property: This Fund shall consist of annual cash payments made in accordance with the following schedule:
6 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
[For Funded Trusts: For Each Facility:]
Facility Name: [Facility Name]
Facility Address: [Facility Address]
Permit Number: [Permit Number]
Initial Payment of $[insert dollar amount] on [date of execution] for Cell 1 [insert date Agreement is executed.]
Subsequent payment of $[insert dollar amount], payable on [anniversary date of execution].
Subsequent payment of $[insert dollar amount], payable on [anniversary date of execution].
Subsequent payment of $[insert dollar amount], payable on [anniversary date of execution]
Subsequent payment of $[insert dollar amount], payable on [anniversary date of execution]
Subsequent payment of $[insert dollar amount], payable on [anniversary date of execution]
Account Information:
Account Number assigned to this Trust Agreement: [Account Number]
Amount of Deposit: [Amount of Deposit (zero dollars if used for a standby trust)]
Date: [Date]
Bank/Branch location for this trust account:
Bank/Branch Name: [Bank/Branch Name]
Location Address: [Location Address]
City & State: [City & State]
Contact Person at Bank:
Name: [Name]
Title: [Title]
Phone Number: [Phone Number]
Exhibit A for Trust Agreement
The following persons, acting singly or collectively, shall have the right to issue instructions to the Trustee pursuant
to Section 14 of the Agreement:
Name: [insert name]
Position: [insert position]
(2) A surety bond guaranteeing performance of closure, post -closure care, and corrective action
programs pr-egF ms and potential assessment and eeffeetive aetio , as specified in Rule .1805(e)(2)
of this Section shall be worded as follows, except that instructions in brackets are to be replaced
with the relevant information and the brackets deleted:
PERFORMANCE BOND
Date bond executed:
Effective date:
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual", "joint venture", "partnership", or "corporation"]
State of incorporation:
7 of 27

I Surety(ies): [name(s) and business address(es)]
2 [For Each Facility]
3 Solid Waste Section Permit Number: [insert NCDEQ permit number]
4 Facility name: [insert facility name]
5 Facility address: [insert facility address]
6 Closure cost: [insert approved closure cost]
7 Post -closure care cost: [insert approved post -closure care cost]
8 Corrective action program cost: [insert current corrective action program cost]
9
10 Total penal sum of bond: $[insert total sum of bond]
11 Liability Limit: $ [insert bonding company's liability limit]
12 Surety's bond number: [insert issued bond number]
13 Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the North
14 Carolina Division of Waste Management (hereinafter called the Division), in the above penal sum for the payment of
15 which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided
16 that, where the Surety(ies) are corporations acting as co -sureties, we, the Sureties, bind ourselves in such sum "jointly
17 and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other
18 purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set
19 forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full
20 amount of the penal sum.
21 Whereas, said Principal is required, under 15A NCAC 13B as amended, to have a permit in order to own or operate
22 each solid waste management facility identified above, and
23 Whereas, said Principal is required to provide financial assurance for closure, post -closure care, or corrective action
24 programs as a condition of the permit, and
25 Whereas, said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such
26 financial assurance;
27 Now, Therefore, the conditions of this obligation are such that if the Principal shall faithfully perform closure,
28 whenever required to do so, of each facility for which this bond guarantees closure, in accordance with the closure
29 plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws,
30 statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
31 And, if the Principal shall faithfully perform post -closure care of each facility for which this bond guarantees post-
32 closure care, in accordance with the post -closure care plan and other requirements of the permit, as such plan and
33 permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations as such laws, statutes, rules,
34 and regulations may be amended,
35 And, if the Principal shall faithfully perform corrective action of each facility for which this bond guarantees corrective
36 action, in accordance with the corrective action program and other requirements of the permit, as such program and
8 of 27

I permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations as such laws, statutes, rules,
2 and regulations may be amended,
3 Or, if the Principal shall provide alternate financial assurance and obtain the Division's written approval of such
4 assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Division from
5 the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
6 The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions
7 described above.
8 Upon notification by the Division that the Principal has been found in violation of the closure requirements for a
9 facility for which this bond guarantees performance of closure, the Surety(ies) shall either perform closure in
10 accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility
11 into the standby trust fund as directed by the Division.
12 Upon notification by the Division that the Principal has been found in violation of the post -closure care requirements
13 for a facility for which this bond guarantees performance of post -closure care, the Surety(ies) shall either perform
14 post -closure care in accordance with the post -closure care plan and other permit requirements or place the post -closure
15 care amount guaranteed for the facility into the standby trust fund as directed by the Division.
16 Upon notification by the Division that the Principal has been found in violation of the corrective action requirements
17 for a facility for which this bond guarantees performance of corrective action, the Surety(ies) shall either perform
18 corrective action in accordance with the corrective action program and other permit requirements or place the
19 corrective action amount guaranteed for the facility into the standby trust fund as directed by the Division.
20 Upon notification by the Division that the Principal has failed to provide alternate financial assurance and obtain
21 written approval of such assurance from the Division during the 90 days following receipt by both the Principal and
22 the Division of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the
23 facility(ies) into the standby trust fund as directed by the Division.
24 The Surety(ies) hereby waive(s) notification of amendments to closure and post -closure care plans, and corrective
25 action programs, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in
26 any way alleviate its (their) obligation on this bond.
27 The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless
28 and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall
29 the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
30 The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and
31 to the Division, provided, however, that cancellation shall not occur during the 120 days beginning on the date of
32 receipt of the notice of cancellation by both the Principal and the Division, as evidenced by the return receipts.
33 The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such
34 notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the
35 Division.
36 [The following paragraph is an optional rider that may be included but is not required.]
9 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure,
post -closure care, or corrective action program amount, provided that the penal sum does not increase by more than
20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Division.
In Witness Whereof, The Principal and Surety(ies) have executed this Performance Bond and have affixed their seals
on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on
behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in
15A NCAC 13B .1806(2) as was constituted on the date this bond was executed.
Principal
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
[For no corporate seal, see Rule .1805(c)]
Corporate Surety(ies)
[Names and address of contact]
State of incorporation: Surety's state of incorporation]
Liability limit: $ [Surety's liability limit]
[Signature(s)]
[Names(s) and title(s)]
[Corporate seal]
[For no corporate seal, see Rule .1805(c)]
[For every co -surety, provide signature(s), corporate seal, and other information in the same manner as for Surety
above.]
Bond premium: $ [bond premium]
(3) A surety bond guaranteeing payment of closure and post -closure care ,
eaffeetive aetio programs, and reten4ial assessment and , ee fi e .,e fie. as specified in Rule
.1805(e)(2) of this Section shall be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted:
PAYMENT BOND
Date bond executed: [insert date of bond execution]
Effective date: [insert effective date]
Principal: [legal name and business address of owner or operator]
Type of organization: [insert "individual", "joint venture", "partnership", or "corporation"]
State of incorporation: [insert state of incorporation]
Surety(ies): [name(s), business address(es), and contact information]
[For Each Facility]
10 of 27

I Solid Waste Section Permit Number: [insert NCDEQ permit number]
2 Facility name: [insert facility name]
3 Facility address: [insert facility address]
4 Closure cost: [insert dollar amount for closure]
5 Post -closure care cost: [insert dollar amount for post -closure care]
6
7 Peten4ial assessment and eer-feetive aetion eest: [insert dollar afneunt fef potential assessment and eeffeetive aetion!
8 Total penal sum of bond: $[insert total cost of the bond]
9 Liability Limit: $[insert underwriting limit of the surety company]
10 Surety's bond number: [insert bond number issued by surety]
11 Know All Persons By These Presents, That we, the Principal and Surety(ies) hereto are firmly bound to the North
12 Carolina Division of Waste Management (hereinafter called the Division), in the above penal sum for the payment of
13 which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided
14 that, where the Surety(ies) are corporations acting as co -sureties, we, the Sureties, bind ourselves in such sum "jointly
15 and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other
16 purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set
17 forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full
18 amount of the penal sum.
19 Whereas, said Principal is required, 15A NCAC 13B as amended, to have a permit in order to own or operate each
20 solid waste management facility identified above, and
21 Whereas, said Principal is required to provide financial assurance for closure or post -closure care as a condition of the
22 permit, and
23 Whereas, said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such
24 financial assurance;
25 Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of
26 final closure and post -closure of each facility identified above, fund the standby trust fund in the amount(s) identified
27 above for the facility,
28 Or, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to begin
29 closure and post -closure care is issued by the Division or a U.S. district court or other court of competent jurisdiction,
30 Or, if the Principal shall provide alternate financial assurance and obtain the Division's written approval of such
31 assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Division from
32 the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.
33 The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions
34 described above. Upon notification by the Division that the Principal has failed to perform as guaranteed by this bond,
35 the Surety(ies) shall place funds in the amount guaranteed for the facility(ies) into the standby trust fund as directed
36 by the Division.
11 of 27

I The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless
2 and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall
3 the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
4 The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the
5 Division, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of
6 the notice of cancellation by both the Principal and the Division, as evidenced by the return receipts.
7 The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such
8 notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the
9 Division.
10 [The following paragraph is an optional rider that may be included but is not required.]
11 Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure,
12 post -closure care, or corrective action program amount, provided that the penal sum does not increase by more than
13 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Division.
14 In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their
15 seals on the date set forth above.
16 The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on
17 behalf of the Principal and Surety(ies) and that the wording of this surety bond has not been changed as were
18 constituted on the date this bond was executed.
19 Principal
20 [Signature(s)]
21 [Name(s)]
22 [Title(s)]
23 [Corporate seal]
24 [For no corporate seal, see Rule .1805(c)]
25 Corporate Surety(ies)
26 [Name and address]
27 State of incorporation: [Surety's state of incorporation]
28 Liability limit: $[Surety's liability limit]
29 [Signature(s)]
30 [Name(s) and title(s)]
31 [Corporate seal]
32 [For no corporate seal, see Rule .1805(c)]
33 [For each co -surety, provide signature(s), corporate seal, and other information in the same manner as for Surety
34 above.]
35 Bond premium: $[bond premium]
36 (4) A letter of credit, as specified in Rule .1805(e)(3) of this Section, shall be worded as follows, except
37 that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
12 of 27

I IRREVOCABLE STANDBY LETTER OF CREDIT
2 North Carolina Department of Environmental Quality
3 Division of Waste Management
4 Solid Waste Section
5 1646 Mail Service Center
6 Raleigh, North Carolina 27699-1646
7 Dear Sir/Madam:
8 We hereby establish our Irrevocable Standby Letter of Credit No. [insert mechanism number] in your favor, at the
9 request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] U.S.
10 dollars $[insert U.S. dollar amount], available upon presentation of
11 (1) your sight draft, bearing reference to this letter of credit No. [insert mechanism number], and
12 (2) your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to requirements
13 of N.C. General Statute 130A-295.2(f) and 15A NCAC 13B because the applicant has failed to properly close and
14 clean up the solid waste management facility, to perform post -closure maintenance and monitoring at the facility, or
15 to remediate the facility in accordance with applicable statutes, rules and permit conditions."
16 This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such expiration date
17 shall be automatically extended for a period of [at least 1 year] on [date] and on each successive expiration date,
18 unless, at least 120 days before the current expiration date, we notify both you and [owner's or operator's name] by
19 certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event
20 you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120
21 days after the date of receipt by both you and [owner's or operator's name], as shown on the signed return receipts.
22 Whenever this letter of credit is drawn on, under and in compliance with the terms of this credit, we shall duly honor
23 such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of
24 [owner's or operator's name] in accordance with your instructions.
25 We certify that the wording of this letter of credit is identical to the wording specified in 15A NCAC 13B .1806(4) as
26 were constituted on the date shown immediately below.
27 [Signature(s) and title(s) of official(s) of issuing institution], [Date]
28 This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits,
29 published by the International Chamber of Commerce," or "the Uniform Commercial Code"].
30 (5) A certificate of insurance, as specified in Rule .1805(e)(4) of this Section, shall be worded as
31 follows, except that instructions in brackets are to be replaced with the relevant information and the
32 brackets deleted:
33 CERTIFICATE OF INSURANCE FOR CLOSURE OR POST -CLOSURE CARE
34 Name and Address of Insurer
35 (herein called the "Insurer"):
36 Name and Address of Insured
37 (herein called the "Insured"):
13 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Facilities Covered: [List for each facility: The Solid Waste Section Permit Number, name, address, and the amount of
insurance for closure or the amount for post -closure care (these amounts for all facilities covered shall total the face
amount shown below).]
Face Amount: [insert dollar amount of face value]
Policy Number: [insert insurance policy number]
Effective Date: [insert effective date]
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial
assurance for [insert "closure" or "closure and post -closure care" or "post -closure care"] for the facilities identified
above.
The Insurer further warrants that such policy conforms in all respects with the requirements of 40 CFR 258.74(d) (July
1, 2010 edition) and 15A NCAC 13B .1805, as applicable and as such regulations were constituted on the date shown
immediately below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended
to eliminate such inconsistency.
Whenever requested by the North Carolina Division of Waste Management (Division), the Insurer agrees to furnish
to the Division a duplicate original of the policy listed above, including all endorsements thereon.
I hereby certify that the wording of this certificate is identical to the wording specified in 15A NCAC 13B .1806(5)
as were constituted on the date shown immediately below.
[Authorized signature for Insurer]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
[Date]
(6) A corporate financial test, as specified in Rule .1805(e)(5) of this Section, shall be worded as
follows, except that instructions in brackets are to be replaced with the relevant information and the
brackets deleted:
CORPORATE FINANCIAL TEST
[Date]
North Carolina Department of Environmental Quality
Division of Waste Management
Solid Waste Section Chief
1646 Mail Service Center
Raleigh, NC 27699-1646
Dear Sir/Madam:
I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the corporate
financial test to demonstrate financial assurance for closure, post -closure care, corrective action programs, and
potential assessment and corrective action (if applicable), as specified in the Solid Waste Management Act, North
Carolina General Statute 130A-295.2(f) and 40 C.F.R. 258.74(e)(July 1, 2010 edition).
14 of 27

I [For each solid waste management facility, including its permit identification number, name, address, and closure,
2 post -closure care, corrective action programs, and potential assessment and corrective action (if applicable) cost
3 estimates. Identify for each cost estimate whether it is for closure or post -closure care, corrective action programs, or
4 potential assessment and corrective action.]
5 The firm is the owner or operator of the following solid waste management facilities for which financial assurance for
6 closure, post -closure care, corrective action programs, and potential assessment and corrective action (if applicable),
7 is demonstrated through the corporate financial test. The current cost estimates for closure, post -closure care,
8 corrective action programs, and potential assessment and corrective action (if applicable), covered by the test are
9 shown for each facility:
10 Name: [insert legal entity /principal name]
11 Office Address: [insert physical address of legal entity/principal]
12 Facility Address: [insert physical address of permitted facility]
13 Permit No.: [insert NCDEQ issued permit number]
14 Closure Cost Estimate: [insert dollar amount for closure]
15 Post -Closure Care Cost Estimate: [insert dollar amount for post -closure care]
16 Corrective Action Program Cost Estimate: [insert dollar amount for current corrective action program]
17 Potential Assessment and Corrective Action Cost Estimate: [insert dollar amount for potential assessment and
18 corrective action]
19 Identify any underground injection control (UIC) facilities under 15A NCAC 02D .0400 and 15A NCAC 02C .0200,
20 petroleum underground storage tank (UST) facilities under 15A NCAC 02N .0100 through .0800, polychlorinated
21 biphenyl (PCB) storage facilities under 15A NCAC 020 .0100 and 15A NCAC 02N .0100, and hazardous waste
22 treatment, storage, and disposal facilities (TSDF's) under 15A NCAC 13A .0109 and .0110 that are owned by either
23 the owner/operator or the guarantor and/or are facilities that are covered by a financial test or corporate guarantee.
24 Provide a separate description for each type of facility, if applicable (if not applicable write "None").
25 Name: [insert legal entity/principal name]
26 Office Address: [insert physical address of legal entity/principal]
27 Facility Address: [insert physical address of permitted facility]
28 Permit No.: [insert NCDEQ issued permit number]
29 Closure Cost Estimate: [insert dollar amount for closure]
30 Post -Closure Care Cost Estimate: [insert dollar amount for post -closure care]
31 Corrective Action Program Cost Estimate: [insert dollar amount for current corrective action program]
32 Potential Assessment and Corrective Action Cost Estimate: [insert dollar amount for potential assessment and
33 corrective action]
34 This firm [insert "is required" or "is not required"] to file a Form 1 OK with the Securities and Exchange Commission
35 (SEC) for the latest fiscal year.
15 of 27

I The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are
2 derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended
3 [date].
4 Fill in all applicable parts of the Financial Test and either Alternative I, or Alternative II, or Alternative III below.
5 Financial Test
6 1. Sum of current closure, post -closure care, corrective action program, and potential assessment and corrective action
7 cost estimates (if applicable) and guarantees from all of the solid waste management facilities in paragraphs 1 or 2
8 above: $ [insert dollar amount]
9 2. All other cost estimates and guarantees required for UIC facilities, petroleum UST facilities, PCB storage facilities,
10 and TSDF's listed in paragraph 3 above. $ [insert dollar amount]
11 3. Tangible net worth (defined as tangible assets — liabilities. Tangible assets do not include intangibles such as
12 goodwill or rights to patents and royalties). $ [insert dollar amount]
13 4. Net Worth $ [insert dollar amount]
14 5. Total liabilities - If any portion of the current closure, post -closure care, corrective action program, and potential
15 assessment and corrective action cost estimates (if applicable), or guarantees identified above are recognized as
16 liabilities in the audited financial statements, you must submit a special report from the independent certified public
17 accountant (CPA), unless you can answer "yes" to item # 9. $ [insert dollar amount]
18 6. The sum of net income plus depreciation, depletion, and amortization (Use for Alternative III): $ [insert dollar
19 amount]
20 7. Total assets in the U.S.: $ [insert dollar amount]
21 8. Sum of line 1 plus line 2 from above and any other environmental obligations covered by a financial test: $ [insert
22 dollar amount]
23 9. Is line 3 greater than the sum of line 8 plus $10 million? [Yes or No]
24 If "No", and you have provided a report from the independent CPA that the environmental obligations have been
25 recognized as liabilities in the audited financial statements, then go to Item 9(a).
26 9a. Is line 3 greater than the sum of $10 million plus any guarantees not recognized as liabilities? [Yes or No]
27 10. Is line 7 greater than line 8? [Yes or No]
28 If the financial data provided for items 3 through 7 above differs from what was provided in the audited financial
29 statements, a special report from the certified public accountant shall be provided as described in 40 CFR
30 258.74(e)(2)(i)(C).
31 Alternative I
32 1. Current bond rating of most recent senior unsubordinated bond issue of this firm and name of rating service: [current
33 bond rating and name of rating service]
34 2. Date of bond issue: [insert date of bond issued]
35 3. Date of final maturity of bond: [insert final maturity date of bond]
36 Alternative II
37 1. Is the above line 5 divided by the above line 4 less than 1.5? [Yes or No]
16 of 27

I Alternative III
2 1. Is (the above line 6 minus $10 million) divided by the above line 5 greater than 0.1? [Yes or No]
3 As evidence that [Firm] meets the conditions of the Corporate Financial Test, attached hereto is a copy of the
4 following:
5 Please check applicable responses.
6 ( ) 1. Independent CPA's unqualified opinion of our financial statements for our latest completed fiscal year.
7 ()2. Special report from CPA, if financial data in this letter is different than in audited financial statements. [See
8 40 CFR 258.74(e)(2)(i)(C)].
9 O 3. Report from CPA (if answer to item #9 of the financial test is No) verifying all of covered environmental
10 obligations covered by test have been recognized as liabilities in the audited financial statements, how the
11 obligations were measured and reported, and that tangible net worth of the firm is at least $10 million dollars
12 plus the amount of any guarantees not recognized as liabilities. [See 40 CFR 258.74(e)(2)(i)(D)]
13 I hereby certify that [name of firm] meets the requirements of [Fill in Alternative I, Alternative II, or Alternative III]
14 in support of [name of facility(s)] use of the corporate financial test to demonstrate financial assurance as required by
15 the Solid Waste Management Act, North Carolina General Statute 130A-295.2(f) and 40 C.F.R. 258.74(e)(July 1,
16 2010 edition).
17 [Signature]
18 [Name]
19 [Title]
20 [Date]
21 (7) A local government financial test, as specified in Rule .1805(e)(6) of this Section, shall be worded
22 as follows, except that instructions in brackets are to be replaced with the relevant information and
23 the brackets deleted:
24 LETTER FROM CHIEF FINANCIAL OFFICER
25 [Address to the Department of Environmental Quality, Division of Waste Management, Solid Waste Section, 1646
26 Mail Service Center, Raleigh, North Carolina 27699-1646.]
27 I am the chief financial officer of [name and address of unit of local government]. This letter is in support of this unit
28 of local government's use of the financial test to demonstrate financial assurance, as specified in 15A NCAC 13B
29 .1805(e)(6).
30 [Fill out the following paragraph regarding the solid waste management facilities and associated cost estimates. For
31 each facility, include its permit number, name, address and current closure, post -closure care, corrective action
32 program, or potential assessment and corrective action cost estimates. Identify each cost estimate as to whether it is
33 for closure, post -closure care, or a corrective action program.]
34 This unit of local government is the owner or operator of the following facilities for which financial assurance for
35 closure, post -closure care, corrective action programs, or potential assessment and corrective action is demonstrated
36 through the financial test specified in 15A NCAC 13B .1805(e)(6). The current closure, post -closure care, corrective
17 of 27

I action programs, or potential assessment and corrective action cost estimates covered by the test are shown for each
2 facility:
3 [For Each Facility]
4 Solid Waste Section Permit Number: [insert NCDEQ issued permit number]
5 Facility name: [insert facility name]
6 Facility address: [insert physical address of facility]
7 Closure cost: [insert dollar amount of closure]
8 Post -closure care cost: [insert dollar amount of post -closure]
9 Corrective action program cost: [insert dollar amount of current corrective action]
10 Potential assessment and corrective action cost: [insert dollar amount of potential assessment and corrective action]
11 Total Costs to be Assured: [Total Costs to be Assured by this test — include costs for all facilities]:
12 The fiscal year of this unit of local government ends on [month, day, year]. The Indicators of Financial Strength
13 section below is based off of the local government's financial strength of the previous year, as indicated by general
14 accounting practices.
15 [Local Government completing the Local Government Test are to either complete the Ratio Indicator of Financial
16 Strength or the Bond Rating Indicator of Financial Strength section below.]
17 RATIO INDICATORS OF FINANCIAL STRENGTH
18 1. Sum of current closure, post -closure care, and corrective action program cost
19 estimates [total of all cost estimates shown in the paragraphs above] $[insert dollar amount of all cost
20 estimates/environmental liability for solid waste management facilities]
21 2. Sum of cash and investments: $ [insert dollar amount]
22 3. Total expenditures: $ [insert dollar amount]
23 4. Annual debt service: $ [insert dollar amount]
24 5. Assured environmental costs to demonstrate financial responsibility in the following amounts under Division rules:
25 Solid Waste Management Facilities under 15A NCAC 1313: $ [insert dollar amount]
26 Hazardous waste treatment, storage, and disposal facilities under 15A NCAC 13A .0109 and .0110: $ [insert
27 dollar amount]
28 Petroleum underground storage tanks under 15A NCAC 02N .0100 - .0800: $ [insert dollar amount]
29 Underground injection control system facilities under 15A NCAC 02D .0400 and 15A NCAC 02C .0200: $
30 [insert dollar amount]
31 PCB commercial storage facilities under 15A NCAC 020 .0100 and 15A NCAC 02N .0100: $ [insert dollar
32 amount]
33 Total assured environmental costs: $ [insert total dollar amount]
34 6. Total Annual Revenue: $ [insert dollar amount]
35 Circle either "yes" or "no" to the following questions.
36 7. Is line 5 divided by line 6 less than or equal to 0.43? yes/no
37 8. Is line 2 divided by line 3 greater than or equal to 0.05? yes/no
18 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
9il
9. Is line 4 divided by line 3 less than or equal to 0.20? yes/no
BOND RATING INDICATOR OF FINANCIAL STRENGTH
1. Sum of current closure, post -closure care, and corrective action program cost estimates [total of all cost estimates
shown in the paragraphs above]: $ [insert dollar amount of all cost estimates/environmental liability for solid waste
management facilities]
2. Current bond rating of most recent issuance and name of rating service: [insert bond rating and name of rating
service]
3. Date of issuance bond: [insert date of issuance]
4. Date of maturity of bond: [insert date of maturity]
5. Assured environmental costs to demonstrate financial responsibility in the following amounts under Division rules:
Solid Waste Management Facilities under 15A NCAC 1313: $ [insert dollar amount]
Hazardous waste treatment, storage and disposal facilities under 15A NCAC 13A .0109 and .0110: $ [insert
dollar amount]
Petroleum underground storage tanks under 15A NCAC 02N .0100 - .0800: $ [insert dollar amount]
Underground injection control system facilities under 15A NCAC 02D .0400 and 15A NCAC 02C .0200: $
[insert dollar amount]
PCB commercial storage facilities under 15A NCAC 020 .0100 and 15A NCAC 02N .0100: $ [insert dollar
amount]
Total assured environmental costs: $ [insert dollar amount]
6. Total Annual Revenue: $ [insert dollar amount]
Circle either "yes" or "no" to the following question.
7. Is line 5 divided by line 6 less than or equal to 0.43? yes/no
I hereby certify that the wording of this letter is identical to the wording specified in 15A NCAC 13B .1806(7) as such
rules were constituted on the date shown immediately below. I further certify the following: (1) that the unit of local
government has not operated at a total operating fund deficit equal to five percent or more of total annual revenue in
either of the past two fiscal years, (2) that the unit of local government is not in default on any outstanding general
obligations bonds or long-term obligations, and (3) does not have any outstanding general obligation bonds rated
lower than Baa as issued by Moody's, BBB as issued by Standard & Poor's, BBB as issued by Fitch's, or 75 as issued
by the Municipal Council.
[Signature]
[Name]
[Title]
[Date]
(8) A corporate guarantee, as specified in Rule .1805(e)(7) of this Section, shall be worded as follows,
except that instructions in brackets are to be replaced with the relevant information and the brackets
deleted:
CORPORATE GUARANTEE
19 of 27

I [Date]
2 North Carolina Department of Environmental Quality
3 Division of Waste Management
4 Solid Waste Section Chief
5 1646 Mail Service Center
6 Raleigh, NC 27699-1646
7 Dear Sir/Madam:
8 I am the chief financial officer of [name and address of guarantor]. This letter is in support of this firm's use of the
9 corporate guarantee to demonstrate financial assurance on behalf of [owner or operator name, address, permit number]
10 for current closure, post -closure care, corrective action program, and potential assessment and corrective action cost
11 estimates (if applicable), as specified in the Solid Waste Management Act, North Carolina General Statute 130A-
12 295.2(f) and 40 C.F.R. 258.74(g) (July 1, 2010 edition).
13 [For each solid waste management facility, including its permit identification number, name, address, and current
14 closure, post -closure care, corrective action program, or potential assessment and corrective action cost estimates (if
15 applicable). Identify for each cost estimate whether it is for closure, post -closure care, corrective action programs, or
16 potential assessment and corrective action.]
17 This firm guarantees, through the corporate guarantee attached to this letter as Exhibit A, the current closure, post-
18 closure care, corrective action program, and potential assessment and corrective action cost estimates (if applicable),
19 of the following facilities owned or operated by the guaranteed party. Financial assurance for current closure, post-
20 closure care, corrective action program, and potential assessment and corrective action cost estimates (if applicable),
21 for the listed facilities are demonstrated through the corporate financial test. The current closure, post -closure care,
22 corrective action program, and potential assessment and corrective action cost estimates (if applicable), so guaranteed
23 are shown for each facility:
24 Name: [insert name of legal entity/principal]
25 Office Address: [insert physical address of legal entity/principal]
26 Facility Address: [insert physical address of facility]
27 Permit No.: [insert NCDEQ issued permit number]
28 Closure Cost Estimate: [insert dollar amount for closure]
29 Post -Closure Care Cost Estimate: [insert dollar amount for post -closure care]
30 Corrective Action Program Cost Estimate: [insert dollar amount for current corrective action]
31 Potential Assessment and Corrective Action Cost Estimate: [insert dollar amount for potential assessment and
32 corrective action]
33 The guarantor firm identified above is (please check the applicable relationship):
34 ( ) The direct or higher -tier parent corporation of the owner or operator.
35 ( ) Owned by the same parent corporation as the parent corporation of the owner or operator.
36 (please attach a description of the value received in consideration of the guarantee)
37 ( ) Engaged in a substantial business relationship with the owner or operator.
20 of 27

I (please attach a written description of the business relationship and the value received in consideration of the
2 guarantee and a copy of the contract establishing such relationship)
3 Identify any underground injection control (UIC) facilities under 15A NCAC 02D .0400 and 15A NCAC 02C .0200,
4 petroleum underground storage tank (UST) facilities under 15A NCAC 02N .0100 through .0800, polychlorinated
5 biphenyl (PCB) storage facilities under 15A NCAC 020 .0100 and 15A NCAC 02N .0100, and hazardous waste
6 treatment, storage, and disposal facilities (TSDF's) under 15A NCAC 13A .0109 and .0110 that are owned by either
7 the owner/operator or the guarantor and/or are facilities that are covered by a financial test or corporate guarantee.
8 Provide a separate description for each type of facility, if applicable (if not applicable write "None").
9 Name: [insert name of facility]
10 Facility Address: [insert physical address of facility]
11 Permit No.: [insert associated permit number]
12 Closure Cost Estimate: [insert dollar amount for closure]
13 Post -Closure Care Cost Estimate: [insert dollar amount for post -closure care]
14 Corrective Action Program Cost Estimate: [insert dollar amount for current corrective action]
15 Potential Assessment and Corrective Action Cost Estimate: [insert dollar amount for potential assessment and
16 corrective action]
17 This firm [insert "is required" or "is not required"] to file a Form 1 OK with the Securities and Exchange Commission
18 (SEC) for the latest fiscal year.
19 The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are
20 derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended
21 [date]
22 Fill in all applicable parts of the Financial Test and either Alternative I, or Alternative II, or Alternative III below.
23 Financial Test
24 1. Sum of current closure, post -closure care, corrective action program, and potential assessment and corrective action
25 cost estimates (if applicable) and guarantees from all of the solid waste management facilities in paragraphs 1 or 2
26 above: $ [insert dollar amount]
27 2. All other cost estimates and guarantees required for UIC facilities, petroleum UST facilities, PCB storage facilities,
28 and TSDF's listed in paragraph 3 above: $ [insert dollar amount]
29 3. Tangible net worth (defined as tangible assets — liabilities. Tangible assets do not include intangibles such as
30 goodwill or rights to patents and royalties): $ [insert dollar amount]
31 4. Net Worth $ [insert dollar amount]
32 5. Total liabilities - If any portion of the current closure, post -closure care, corrective action program, and potential
33 assessment and corrective action cost estimates (if applicable), or guarantees identified above are recognized as
34 liabilities in the audited financial statements, you must submit a special report from the independent certified public
35 accountant (CPA), unless you can answer "yes" to item # 9: $ [insert dollar amount]
36 6. The sum of net income plus depreciation, depletion, and amortization (Use for Alternative 111.) $[insert dollar
37 amount]
21 of 27

1 7. Total assets in the U.S.: $ [insert dollar amount]
2 8. Sum of line 1 plus line 2 from above and any other environmental obligations covered by a financial test: $ [insert
3 dollar amount]
4 9. Is line 3 greater than the sum of line 8 plus $10 million? [Yes or No]
5 If' No", and you have provided a report from the independent CPA that the environmental obligations have been
6 recognized as liabilities in the audited financial statements, then go to Item 9(a).
7 9a. Is line 3 greater than the sum of $10 million plus any guarantees not recognized as liabilities? [Yes or No]
8 10. Is line 7 greater than line 8? [Yes or No]
9 If the financial data provided for items 3 through 7 above differs from what was provided in the audited financial
10 statements, a special report from the certified public accountant shall be provided as described in 40 CFR
11 258.74(e)(2)(i)(C) and (g)(1).
12 Alternative I
13 1. Current bond rating of most recent senior unsubordinated bond issue of this firm and name of rating service: [insert
14 current bond rating and name of rating service]
15 2. Date of bond issue: [insert date of bond issuance]
16 3. Date of final maturity of bond: [insert date of maturity]
17 Alternative II
18 1. Is the above line 5 divided by the above line 4 less than 1.5? [Yes or No]
19 Alternative III
20 1. Is (the above line 6 minus $10 million) divided by the above line 5 greater than 0.1? [Yes or No]
21 As evidence that [firm] meets the conditions of the Corporate Financial Test, attached hereto is a copy of the following:
22 Please check applicable responses
23 ( ) 1. Independent CPA's unqualified opinion of our financial statements for our latest completed fiscal year.
24 ()2. Special report from CPA [If financial data in this letter is different than in audited financial statements] [See
25 40 CFR 258.74(e)(2)(i)(C) and (g)(1)].
26 O 3. Report from CPA [if answer to item #9 of the financial test is No] verifying all of covered environmental
27 obligations covered by test have been recognized as liabilities in the audited financial statements, how the
28 obligations were measured and reported, and that tangible net worth of the firm is at least $10 million dollars
29 plus the amount of any guarantees not recognized as liabilities. [See 40 CFR 258.74(e)(2)(i)(D) and (g)(1)]
30 I hereby certify that [name of firm] meets the requirements of [Fill in Alternative I, Alternative 11, or Alternative III]
31 in support of [name of facility(s)] use of the corporate financial test to demonstrate financial assurance as required by
32 the Solid Waste Management Act, North Carolina General Statute 130A-295.2(f) and 40 C.F.R. 258.74(e) (July 1,
33
2010 edition).
34
[Signature]
35
[Name]
36
[Title]
37
[Date]
22 of 27

I Exhibit A
2 Corporate Guarantee Terms For
3 Closure, Post -Closure Care, Corrective Action Program, and/or
4 Potential Assessment and Corrective Action
5 For [Owner/Operator], [Permit Number]
6 Guarantee made this [date] by [name of guaranteeing entity], [address and state of guaranteeing entity], herein referred
7 to as guarantor. The guarantee is made on behalf of the [owner or operator name] of [business address], which is [one
8 of the following: 'bur subsidiary"; a subsidiary of [name and address of common parent corporation" or "an entity
9 with which the guarantor has a substantial business relationship"] to the North Carolina Division of Environmental
10 Quality (NCDEQ).
11 Recitals:
12 1. Guarantor meets or exceeds the Corporate Financial Test criteria and agrees to comply with the reporting
13 requirements for guarantors, as specified in the Solid Waste Management Act, North Carolina General Statute 130A-
14 295.2(f) and 40 C.F.R. 258.74(g) (July 1, 2010 edition).
15 2. [Owner or Operator] owns or operates the following solid waste management facility(ies) covered by this guarantee:
16 List for each facility the following information
17 Name: [insert facility name]
18 Facility Address: [insert facility address]
19 Permit No.: [insert NCDEQ issued permit number]
20 Closure Cost Estimate: [insert dollar amount for closure]
21 Post -Closure Care Cost Estimate: [insert dollar amount for post -closure care]
22 Corrective Action Program Cost Estimate: [insert dollar amount for current corrective action]
23 Potential Assessment and Corrective Action Cost Estimate: [insert dollar amount for potential assessment and
24 corrective action]
25 3. Closure, Post -Closure Care, Corrective Action Program, and Potential Assessment and Corrective Action Cost
26 Estimates as used above refer to the plans maintained, as required by the Solid Waste Management Act, North Carolina
27 General Statute 130A-295.2(f) and 40 C.F.R. 258.74(g) (July 1, 2010 edition) for closure, post -closure care, corrective
28 action program, and potential assessment and corrective action cost estimates (if applicable), of facilities identified
29 above.
30 4. Pursuant to 40 C.F.R. 258.74(g)(3)(i) (July 1, 2010 edition), guarantor guarantees to NCDEQ that in the event that
31 [insert owner or operator name] fails to perform closure, post -closure care, corrective action program, and/or potential
32 assessment and corrective action of the above facility(ies) in accordance with the closure and post -closure care plans,
33 the corrective action program, and/or potential assessment and corrective action and other permit requirements
34 whenever required to do so, the guarantor shall perform the required activities or pay a third party to do so
35 (performance guarantee) or establish a fully funded trust fund (payment guarantee), in conformance with 40 C.F.R.
36 258.74(a) (July 1, 2010 edition), in the name of the owner or operator in the amount of the current closure or post-
37 closure care or corrective action program or potential assessment and corrective action cost estimates as specified
23 of 27

I during the permitting process as well as the Solid Waste Management Act, North Carolina General Statute 130A-
2 295.2(f) and 40 C.F.R. 258.74(g) (July 1, 2010 edition).
3 5. Pursuant to 40 C.F.R. 258.74(g)(4) (July 1, 2010 edition), guarantor agrees that if the guarantor fails to meet the
4 Corporate Financial Test criteria or is notified that it is disallowed from continuing as a guarantor, the [owner or
5 operator name] must, within 90 days, provide alternate financial assurance. If the [owner or operator name] fails to
6 provide alternative financial assurance within the 90-day period, the guarantor must provide such alternate financial
7 assurance in the name of [owner or operator name] within the next 30 days thereafter.
8 6. The guarantor agrees to notify the NCDEQ Director by certified mail of voluntary or involuntary proceeding under
9 Title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days after commencement of the proceeding.
10 7. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or
11 modifications of the closure and post -closure care plans, corrective action programs, and/or potential assessment and
12 corrective action or amendments or modification of the permit, the extension or reduction of the time of performance
13 of closure or post -closure care or corrective action programs or potential assessment and corrective action, or any
14 other modification or alteration of an obligation of the owner or operator pursuant to the Solid Waste Management
15 Act, North Carolina General Statute 130A-295.2(f) and 40 C.F.R. 258.74 (July 1, 2010 edition).
16 8. Guarantor agrees to remain bound under this guarantee for as long as [owner or operator name] must comply with
17 the applicable financial assurance requirements of the Solid Waste Management Act, North Carolina General Statute
18 130A-295.2(f) and 40 C.F.R. 258.74(g) (July 1, 2010 edition) for the above listed facilities, except as provided in
19 paragraphs 9 and 10 of this agreement.
20 9. Pursuant to 40 C.F.R. 258.74(g)(3)(ii) (July 1, 2010 edition), guarantor may terminate this guarantee 120 days
21 following the receipt of notification of its intended cancellation by certified mail by both the NCDEQ Director and by
22 [owner or operator name].
23 10. Pursuant to 40 C.F.R. 258.74(g)(3)(iii) (July 1, 2010 edition), guarantor agrees that if [owner or operator name]
24 fails to provide alternative financial assurance and obtain written approval of such assurance from the NCDEQ
25 Director within 90 days after receipt of the notice of cancellation by the guarantor, guarantor shall provide such
26 alternative financial assurance in the name of [owner or operator name] within the next 30 days before the guarantee
27 terminates.
28 11. Guarantor expressly waives notice of acceptance of this guarantee by NCDEQ or by [owner or operator name].
29 Guarantor also expressly waives notice of amendments or modifications of the closure and post -closure care plans,
30 corrective action programs, and/or potential assessment and corrective action and of amendments or modifications of
31 the facility permit(s).
32 Effective date: [insert mechanism effective date]
33 [Name of Guarantor]
34 [Corporate Seal]
35 [For no corporate seal, see Rule .1805(c)]
36 [Authorized signature for guarantor]
37 [Name of person signing]
24 of 27

I [Title of person signing]
2 [Telephone Number]
3 [Email Address]
4 State of North Carolina
5 County of [Name of County]
6 On this [day] day of [month], [year], before me personally came [name signing for Guarantor] to me known, who,
7 being by me duly sworn, did depose and say that she/he resides at [Guarantor address], that she/he is [title at Guarantor
8 Firm] described in and which executed the above instrument; that she/he knows the seal of said corporation; that the
9 seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said
10 corporation, and that she/he signed her/his name thereto by like order.
11 Witness my hand and official seal this [Day] day of [Month], 20[Year].
12 [insert Signature of Notary]
13 Official Signature of Notary
14 [Notary's printed or typed name]
15 Notary Public
16 [Official Seal]
17 My commission expires: [insert Date of Commission Expiration]
18 (9) A special report from a certified public accountant (CPA) is a supplemental report mechanism to
19 the corporate financial test mechanism as specified in Rule .1805(e)(5) and the corporate guarantee
20 mechanism as specified in Rule .1805(e)(7) of this Section, and shall be worded as follows, except
21 that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
22 SPECIAL REPORT
23 INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT'S REPORT
24 ON APPLYING AGREED -UPON PROCEDURES
25 The Board of Directors
26 [Name of Company]
27 [Mailing and location address]
28 [Permit No.]
29 We have performed the procedures enumerated below, which were agreed to by management of [Name of Company]
30 pursuant to the Solid Waste Management Act, North Carolina General Statute 130A-295.2(f) and 40 C.F.R. 258.74(e)
31 (July 1, 2010 edition) with respect to the letter dated [insert date] from the [insert Corporate Official name and title]
32 to the North Carolina Department of Environmental Quality, solely to assist you in filing the Letter (prepared in
33 accordance with the criteria specified therein) for the year ended [insert date of end of corporate fiscal year]. [Name
34 of Company] is responsible for this Letter. This agreed -upon procedures engagement was conducted in accordance
35 with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of
36 the procedures is solely the responsibility of [Name of Company] and the North Carolina Department of
25 of 27

I Environmental Quality. Consequently, we make no representation regarding the sufficiency of the procedures
2 described below either for the purpose for which this report has been requested or for any other purpose.
3 The procedures, which were limited solely to the identified item numbers, are as follows:
4 We compared the amounts in Item Nos. 3, 5, and 7 of the Financial Test in the CFO's Letter to corresponding amounts
5 reported as total liabilities [amount], Tangible Net Worth [amount], and total assets [amount], respectively, in the
6 audited financial statement as of [insert date of end of corporate fiscal year] and found them [insert either, "not to be
7 in agreement" or "to be in agreement"].
8 We computed the amounts in Item Nos. 4 and 6 of the Financial Test in the CFO's Letter as of [insert date of end of
9 corporate fiscal year] based on amounts reported as Net Worth [amount] and the net income plus depreciation,
10 depletion, and amortization [amount] in the audited financial statements as of [insert date of end of corporate fiscal
11 year], compared them to the amounts in the CFO's Letter and found them [insert either, "not to be in agreement" or
12 "to be in agreement"].
13 We computed the amount of environmental obligations (as determined by current closure, post -closure care, corrective
14 action program, and/or potential assessment and corrective action cost estimates or guarantees) which are recognized
15 as liabilities in the amount of [amount] in the audited financial statement as of [insert date of end of corporate fiscal
16 year], compared them to the amounts in the CFO's Letter and found them [insert either, "not to be in agreement" or
17 "to be in agreement"].
18 We compared the amount in Item No. 7 of the Financial Test in the CFO's Letter and the Company's total assets
19 located in the United States in the amount of [insert amount] in the audited financial statement as of [insert date of
20 end of corporate fiscal year] and found them [insert either, "not to be in agreement" or "to be in agreement"].
21 [If not in agreement, describe the procedures performed in comparing the data in the CFO's letter derived from the
22 audited financial year-end financial statements for the latest fiscal year with the amounts in such financial statements,
23 the fmdings of that comparison, and the reasons for any differences.]
24 We were not engaged to and did not conduct an examination, the objective of which would be the expression of an
25 opinion on the selected financial information included in the Letter. Accordingly, we do not express such an opinion.
26 Had we performed additional procedures, other matters might have come to our attention that would have been
27 reported to you. This report is intended solely for the use of management of the Company, and is not intended to be
28 and should not be used by anyone other than these specified parties.
29 [Date]
30 [Name of Accounting Firm]
31 (10) A capital reserve fund, as specified in Rule .1805(e)(8) of this Section shall be worded as follows,
32 except that instructions in brackets are to be replaced with the relevant information and the brackets
33 deleted:
34 CAPITAL RESERVE FUND RESOLUTION
35 ESTABLISHMENT AND MAINTENANCE
36 OF THE [FACILITY NAME]
37 CAPITAL RESERVE FUND
26 of 27

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Whereas, there is a need in [insert location of facility as City, County] to provide funds for [closure, post -closure care,
corrective action programs, or potential assessment and corrective action] for the [permit number], [facility name];
and
Whereas, the [location] shall bear the cost of [closure, post -closure care, corrective action programs, or potential
assessment and corrective action] for the solid waste management facility at an estimated cost of [cost estimate].
Now, therefore, be it resolved by the governing board that:
Section 1. The Board of County Commissioners hereby creates a Capital Reserve Fund for the purpose of [closure,
post -closure care, corrective action programs, or potential assessment and corrective action] for the [permit number]
solid waste management facility.
Section 2. This Fund shall remain operational during the life of the facility and the post -closure care period beginning
[date] and ending [date] as estimated at the time of annual update of this Resolution.
Section 3. The Board shall appropriate or transfer an amount of no less than [annual payment] each year to this Fund.
Section 4. This Resolution shall become effective and binding upon its adoption.
[Signature of County Commissioner]
[Signature of Chief Financial Officer]
[Date]
History Note: Authority G.S. 130A-294; 130A-295.2;
Eff. July 1, 2020.
27 of 27