Solid Waste Program Financial Assurance

Note: This webpage is strictly for Solid Waste Program Financial Assurance. Contact the other programs within the North Dakota Department of Environmental Quality (Department) for any financial assurance questions pertaining to those programs.


Questions for Solid Waste Program Financial Assurance may be addressed to A.J. Delzer at 701-328-5282 or adelzer@nd.gov or contact the Solid Waste Program at 701-328-5166 or solidwaste@nd.gov.

Groundwater Protection Program

Questions for Groundwater Protection Program Financial Assurance may be addressed to the Program Contact

Hazardous Waste Program

Questions for Hazardous Waste Program Financial Assurance may be addressed to the Department at 701-298-4638, or email Christine Roob at croob@nd.gov.

Radiation Control

Questions for Radiation Control Financial Assurance may be addressed to the Department at 701-328-5166, or email at ram@nd.gov.

Underground Storage Tank Program

Questions for Underground Storage Tank (UST) Program Financial Assurance may be addressed to the Department at 701-328-5149, or email Robin Schiermeister at raschiermeister@nd.gov.



What is Financial Assurance?

Financial Assurance is a financial mechanism or instrument provided by an entity to ensure timely environmental cleanup should an owner or operator be unable or unwilling to perform required environmental actions.

Why is Financial Assurance required for the Solid Waste Program?

North Dakota Century Code (NDCC) Subsection 23.1-08-09(1) requires that any entity that controls the permitholder [for solid waste management facilities] agrees to accept responsibility for any remedial measures, closure and postclosure care, or penalties incurred by the permitholder.

North Dakota Administrative Code (NDAC) Chapter 33.1-20-14 Financial Assurance Requirements identifies these requirements for the Solid Waste Program.



How do I update the Solid Waste Program Financial Assurance Contact for my facility(ies)?

It is important that a facility maintains a current Financial Assurance Contact with the Department. This individual will receive ALL financial assurance correspondence from the Department. It is their responsibility to collect all needed information into a single packet for annual submittal to the Department and to coordinate any financial assurance responses or inquiries as needed.

To update your Financial Assurance Contact, please fill out the below form (see Forms and Templates) and submit it to the Department at solidwaste@nd.gov and adelzer@nd.gov. This will allow for processing of the contact update information into our database as well as immediate notice to financial assurance staff of the change.

When is the Solid Waste Program Annual Financial Assurance due?

Annual submittal of the Solid Waste Program financial assurance is due by August 31 of each year. This date is the deadline when the Department must have received the annual submittal. This is NOT a postmark mailing date.

Where do I send Solid Waste Program financial assurance?

NDDEQ
Attn: Solid Waste Program
4201 Normandy Street
Bismarck, ND 58503-1324

Can a facility utilize multiple mechanisms?

Yes. The Department encourages the use of multiple mechanisms to maintain financial assurance compliance.

Owners of facilities may set up one mechanism or multiple mechanisms to demonstrate financial assurance for both closure and postclosure care of each facility. The amount of funds available through the mechanisms must be no less than the sum of funds that would be available if a single mechanism had been established and maintained for financial assurance of closure and of postclosure care. (NDAC Section 33.1-20-14-01)

What is the current inflation factor?

The Solid Waste Program Financial Assurance must be in current dollars and adjusted for the August 31st submittal deadline each year.

The Department provides an annual inflation factor to the Solid Waste Program permitted facilities for the annual cost estimate adjustment. The inflation factor is derived from the most recent Implicit Price Deflator for the Gross National Product. This is published by the U.S. Department of Commerce. The Department has no control over the release date of the data.

The Department uses data from the first quarter of the year to complete the earliest calculation for the current year. As deflators are revised several times each year, the inflation factor calculated early in the year is occasionally slightly different from those calculated later in the year.

Note: If the links below are inactive, the inflation factor has not yet been released by the Department for the current year. These links will be active from release of the current year inflation factor until on or about September 15 of each year.

Solid Waste Program Annual Financial Assurance Submittal Memo – Financial Tests, Corporate Guarantees, & Insurance*
Solid Waste Program Annual Financial Assurance Submittal Memo – Bonds, Letters of Credit, Trusts*

*Remember the memos contain more information than just the inflation factors!


This information is to assist in preparing and cross-checking the annual submittal to the Department by identifying the most common errors and omissions. It is NOT an all-inclusive list nor is a listed item a guaranteed requirement for any specific facility. Variables exist that can change submittal requirements from one year to another. Your facility’s submittal requirements will be based on the unique aspects of your financial assurance mechanisms.

Documents


Process Flowcharts

Submittal Information

How to Make Updates/Changes to your Financial Assurance