Okla. Stat. tit. 27A, § 27A-2-10-701

A. All disposal site owners shall provide a closure plan to the

Department of Environmental Quality for approval which defines

operational phases and includes cost estimates, and plans and

specifications for final closure. A site may be closed in phases

according to a closure plan approved by the Department.

1. Owners of landfills that receive household solid waste,

defined as Municipal Solid Waste Landfill Facilities in the federal

regulations adopted under Subtitle D of the federal Solid Waste

Disposal Act, and owners of commercial nonhazardous industrial waste

landfills shall provide for the maintenance and monitoring of such

works for thirty (30) years. Provided, the owner of any landfill

that stops receiving waste on or before April 9, 1994, and has

completed final closure of the site on or before October 9, 1994,

shall provide for the maintenance and monitoring of such site for

eight (8) years after final closure has been completed. A permittee

who stopped receiving waste at his permitted solid waste municipal

landfill on or before April 9, 1994, may apply to the Department for

a modification of his permit to operate an on-site solid waste

transfer station, a yard-waste composting facility or a citizen's

collection station. Provided no land disposal occurs, such site

shall not require monitoring or financial assurance as a municipal

solid waste landfill.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 246

2. Generator owned and operated private industrial nonhazardous

monofills shall only be required to have an eight-year postclosure

period or such postclosure time period as may be mandated under the

federal Solid Waste Disposal Act. Generator owned and operated

private industrial nonhazardous landfill disposal sites and all

construction and demolition landfill disposal sites shall only be

required to have an eight-year postclosure period or such

postclosure time period as may be mandated under the federal Solid

Waste Disposal Act or determined necessary by the Department on a

case-by-case basis considering the nature of the waste disposed.

3. Disposal sites other than land disposal sites shall have a

closure plan which would accomplish the removal and proper disposal

of any remaining waste and the elimination of potential

environmental health hazards.

B. The Department shall require that financial assurances be

provided in an amount sufficient to cover the estimated cost of

closure and any postclosure. The Department shall establish

financial assurance mechanisms which will ensure that the funds

necessary to meet the costs of closure, postclosure care and

corrective action for known releases will be available whenever such

funds are needed. An increase in financial assurance shall be

required when any permittee deviates from the approved closure plan

or when the cost of closure or postclosure is found to have

increased. Owners of landfills that receive household solid waste

shall increase financial assurance if corrective action is required.

C. 1. Disposal site owners as identified in subsection A of

this section shall provide financial assurance to guarantee the

performance of final closure and for any required postclosure as

required by the Department pursuant to this section. Except in

cases where owners utilize a financial test provided by rule, the

state shall be the sole beneficiary of any such assurance solely for

the cost of performance of closure and postclosure and shall have a

security interest therein.

2. The financial assurance shall be in a form described in

rules promulgated by the Environmental Quality Board or the owner

may provide the Department with cash or certificates of deposit

payable to the Department of Environmental Quality Revolving Fund

for deposit with the State Treasurer's Office.

3. Disposal site owners may satisfy the financial assurance

requirements of this section by creating a trust in accordance with
in a form described in

rules promulgated by the Environmental Quality Board or the owner

may provide the Department with cash or certificates of deposit

payable to the Department of Environmental Quality Revolving Fund

for deposit with the State Treasurer's Office.

3. Disposal site owners may satisfy the financial assurance

requirements of this section by creating a trust in accordance with

the federal regulations adopted under Subtitle D of the federal

Solid Waste Disposal Act. Municipal solid waste disposal site

owners may satisfy the financial assurance requirements of this

section by creating an escrow account in accordance with Board rules

adopted under the Oklahoma Solid Waste Management Act. These

financial assurance mechanisms shall provide for payments by the

disposal site owner which will allow for closure and corrective

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 247

action obligations to be spread out over the economic life of the

disposal site, but shall not exceed fifteen (15) years.

4. Owners of disposal sites which receive waste after April 9,

1994, shall provide financial assurance for closure and any

applicable postclosure on or before April 9, 1995, unless such date

is extended by the federal Environmental Protection Agency pursuant

to Subtitle D of the federal Resource, Conservation and Recovery

Act. If any disposal site owner fails to provide such financial

assurance by the applicable deadline, the Department shall cause the

landfill disposal site permit to be summarily suspended by order.

The Department shall initiate the process of revoking the permit and

may require closure of the landfill. This subsection shall not

apply to units of the federal government.

5. Financial assurance provided prior to June 8, 1994, as a

condition of issuance of any permit or any agreement with the

Department shall continue in effect unless the permittee replaces

such assurance with an additional mechanism or combination of

mechanisms authorized by the Department.

6. In lieu of the performance guarantee mechanisms specified in

this section, owners or operators of a nonhazardous industrial solid

waste landfill which is owned or operated by an industry or

manufacturer for its exclusive noncommercial use may satisfy the

financial assurance requirements for closure, postclosure and

maintenance by meeting the requirements of a corporate financial

test and corporate guarantee similar to that applicable to hazardous

waste facilities.

7. Any unit of local government or public trust of which it is

a beneficiary may satisfy financial assurance requirements for

closure and, when required, postclosure, by participating in a

statewide trust capable of guaranteeing performance of such closure

and postclosure.

8. Solid waste transfer stations, processing facilities, or

composting facilities are exempt from the financial assurance

requirements of this section if they principally manage municipal

solid waste.

D. When financial assurance is required, it shall remain in

effect until closure and any postclosure is completed. The amount

of such assurance shall be set by the Department and shall not be

less than the anticipated cost of contracting for performance of

each phase of the closure plan and postclosure. The Department may

allow a reduction in the amount of assurance to reflect the

anticipated costs which remain.