Trust Agreement for Closure and / or Postclosure Assurance - Kentucky

Trust Agreement for Closure and/or Postclosure Assurance is a legal document that was released by the Kentucky Energy and Environment Cabinet - a government authority operating within Kentucky.

FAQ

Q: What is a Trust Agreement for Closure and/or Postclosure Assurance?
A: A Trust Agreement for Closure and/or Postclosure Assurance is a legal agreement used in Kentucky to ensure that funds are available to cover the costs of closure and postclosure activities at landfills.

Q: What is closure and postclosure assurance?
A: Closure assurance refers to the funds needed to properly close and cap a landfill once it reaches its capacity. Postclosure assurance refers to the funds needed to monitor and maintain a closed landfill for a certain period of time after closure.

Q: Who is responsible for providing closure and postclosure assurance?
A: The owner or operator of a landfill is responsible for providing closure and postclosure assurance.

Q: What is the purpose of a Trust Agreement for Closure and/or Postclosure Assurance?
A: The purpose of a Trust Agreement is to ensure that there are funds available to cover the costs of closure and postclosure activities, even if the landfill owner or operator becomes unable to fulfill their financial obligations.

Q: How does a Trust Agreement work?
A: Under a Trust Agreement, the landfill owner or operator sets aside funds into a trust account that can only be used for closure and postclosure activities. These funds are typically invested and managed by a trustee to ensure their availability when needed.

Q: What happens if the closure and postclosure activities cost more than the funds in the trust account?
A: If the closure and postclosure activities cost more than the funds in the trust account, the landfill owner or operator is responsible for covering the additional costs.

Q: Who monitors the Trust Agreement?
A: The Kentucky Department for Environmental Protection (KDEP) is responsible for monitoring and enforcing the requirements of the Trust Agreement.

Q: What happens if a landfill owner or operator fails to provide closure and postclosure assurance?
A: If a landfill owner or operator fails to provide closure and postclosure assurance, they may be subject to penalties and enforcement actions by the KDEP, including fines and potential closure of the landfill.