R315-265-140. Financial Requirements -- Applicability

  (a) The requirements of Sections R315-265-142, R315-265-143, R315-265-147 and R315-265-148 apply to owners or operators of all hazardous waste facilities, except as provided otherwise in this Section R315-265-140 or in Section R315-265-1.

  (b) The requirements of Sections R315-265-144 and R315-265-145 apply only to owners and operators of:

  (1) Disposal facilities;

  (2) Tank systems that are required under Section R315-265-197 to meet the requirements for landfills; and

  (3) Containment buildings that are required under 40 CFR 265.1102, which is adopted and incorporated by reference, to meet the requirements for landfills.

  (c) States and the Federal government are exempt from the requirements of Sections R315-265-140 through 265-148.

  (d) The Director may replace all or part of the requirements of Sections R315-265-140 through 265-148 applying to a regulated unit with alternative requirements for financial assurance set out in the permit or in an enforceable document, as defined in Subsection R315-270-1(c)(7), where the Director:

  (1) Prescribes alternative requirements for the regulated unit under Subsection R315-265-90(f), Subsection R315-265-110(d), or both, and

  (2) Determines that it is not necessary to apply the requirements of Sections R315-265-140 through 265-148 because the alternative financial assurance requirements will protect human health and the environment.