Extract to table

Financial assurance must be established and demonstrated to the satisfaction of EPA and the Court within ninety (90) days of the anticipated Effective Date of the consent decree

Under the RCRA regulations, cost estimates for closure, post-closure care, and corrective action must be updated annually and adjusted for inflation

142(b) requires that the closure cost estimate be adjusted annually for inflation, and that whenever the current cost estimate exceeds the existing financial assurance amount, the owner or operator must increase financial assurance within sixty (60) days

Additionally, the bond must be in the form prescribed by the EPA model surety bond language set forth at 40 C

Ridgecrest Mine Holdings, LLC, and Bonanza Creek Mining, LLC (jointly and severally) • Obligee: United States Environmental Protection Agency • Form: Performance surety bond guaranteeing TMC's performance of remedial obligations under the consent decree • Term: Renewable annually; initial term of one year from issuance; automatic renewal unless 120 days' advance written notice of non-renewal by Ironbark • Indemnity Agreement: TMC parent corporation and TM(US) to provide a general indemnity agreement to Ironbark, including a pledge of certain collateral (terms to be negotiated) The bond form must conform to the EPA model surety bond language set forth at 40 C

The trust must comply with the EPA model trust agreement set forth at 40 C