Local governments may also obtain
additional information from the EPA
Regional financial responsibility contact:
Region 1 (CT, ME, MA, NH, R1, VT).
Tom Murphy (617) 565-3242
Region 2 (NJ, NY, PR, VI)
Lorraine Graves (212) 637-4099
Region 3 (DC, DE, MD, PA, VA, WV)
Jeff Alper (215) 566-3374
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN)
Mark Davis (404) 562-8488
Region 5 (IL, IN, Ml, MN, OH, Wl)
Susan Mooney (312) 886-3585
Region 6 (AR, LA, NM, OK, TX)
Trade Donaldson (214) 665-6633
Region"7 (lA/KS, MS", NEj
Marc Matthews (913) 551 -7517
Region 8 (CO, MT, ND, SD, UT, WY)
JudyWbng (303) 312-6390
Region 9 (AS, AZ, CA, GU, HI, NV)
Susanna Trujillo (415) 744-2099
Region 10 (AK, ID, OR, WA)
Steve Sharp (206) 553-6517
EPA Headquarters
George Garland (703) 308-7272
Dale Ruhter (703) 308-8192
United States
Environmental Protection Agency
Solid Waste and Emergency Response (5306W)
EPA530-K-97-002
March 1997
Responsibility
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Beginning April 9, 1997, owners
and operators of municipal solid waste,
landfills are required to demonstrate
financial responsibility for certain costs
associated with their solid wasrte
-landfills. These requirements,have been
established on a national basis by the
U.S. Environmental Protection Agency
(EPA). Individual States may implement
the financial assurance requirements .
slightly differently.
t .
This brochure provides affected local
governments with a brief overview of the
financial responsibility requirements.
April
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Owners and operators must comply
with the requirements no later than April
9,1997. States may waive the
requirements for up to one year, until
April 9, 1998, if an owner or operator
demonstrates to the State's satisfaction
that it cannot comply by April 9, 1997,
and that the waiver will not adversely
affect human health arid the
environment.
Call your State solid waste agency
for more information on requirements
applicable in your State.
EPA's financial.responsibility
regulations for landfills are found in the
U.S. Code of Federal Regulations (CFR)
at 40 CFR 258.70-74 (1997 edition or
later). Requirements for mechanisms
are found at 40 CFR 258.74.
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Financial responsibility requirements
are designed to ensure that adequate
funds are available whenever needed to
pay for the costs of landfill closure, post-
closure care, and (if applicable)
corrective action for known releases.
The requirements apply to all
owners and operators, including local
governments. Only State and Federal
landfills are exempt.
nil
Owners and operators assure the
availability of funds by obtaining a
financial mechanism that demonstrates
sufficient funds will be available.
Owners and operators are required
to obtain coverage in an amount at least
equal to their site-specific cost estimates
for closure, post-closure care, and (if
applicable) corrective action.
Any of seven financial mechanisms
may be used to demonstrate financial
responsibility:
• Trust Funds
• Surety Bonds
•• Letters of Credit
0 Insurance
• Local Government Financial Test
• Local Government Guarantee
6 State-Approved Mechanisms
These mechanisms only qualify as •
acceptable, however, if they satisfy
specific EPA regulations (see below).
Two of these mechanisms are designed
specifically for local governments. The
local government fihdnciar test is a low-
cost alternative that governmehts may
use to assure the costs of landfill
closure, post-closure care, and
cdrfective^actibh for known" releases if
they possess sufficient financial strength
ancl health. The local government
guarantee, another low-cost
mechanism, may be used by owners or
operators whose landfill obligations a
local government is willing to
guarantee. (In this case, the local
government guarantor must
demonstrate the requisite financial
health and strength.) See EPA's final
rule on these mechanisms for additional
detail (61 Federal Register 60328,
November 2 7, 1996).
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