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. 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.

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.

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

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)

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 October 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!

• Solid Waste Program Annual Financial Assurance Summary Form
• Facility Contacts Information Form & Facility Mailing Preference Form – Guidance Memo
• Facility Contacts Information Mailing Preference Form – NDDEQ Solid Waste Program
• Facility Contacts Information Form – NDDEQ Solid Waste Program

• Closure/Postclosure (C-PC) Care
• C-PC Trust
• C-PC Surety Bond
• C-PC Irrevocable Letter of Credit
• C-PC Insurance Policy
• C-PC Financial Test and Corporate Guarantee

• Liability Coverage
• Liability Trust
• Liability Surety Bond
• Liability Irrevocable Letter of Credit (Stand-alone & Combination with Standby Trust)
• Liability Insurance Policy

• Liability Coverage & Liability Coverage and Closure/Postclosure Care
• Liability Financial Test and Corporate Guarantee

• C-PC Trust Amendment Example
• NOTICE - Failure to Fulfill Financial Test Example