34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements. In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post-closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to the facility.
(1) Money in the accounts may not be assigned or otherwise encumbered for the benefit of creditors with the exception of the state.
(2) Money in an account may not be used to pay any final judgment against a permittee arising out of the ownership or operation of the site during its active life or after closure.
(3) Conditions under which the department may gain access to the accounts and circumstances under which the accounts may be released to the operator after closure and post-closure responsibilities have been met shall be established by the board.
(4) Money in the accounts shall be exempt from execution by creditors except fines, penalties, or damages due the state.
(5) The annual financial statement submitted to the department shall include the current amounts established in each of the accounts and the projected amounts to be deposited in the accounts in the following year.Source: SL 1989, ch 306, § 13.
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