The Missouri Hazardous Waste Management Law requires owners and operators of hazardous waste treatment, storage and disposal facilities to meet certain financial assurance and third party liability requirements. This ensures they will have enough funds set aside to close their facility, monitor during any required post-closure period, cleanup any hazardous wastes releases and compensate third parties for bodily injury or property damage resulting from those hazardous waste releases. These funds must be available until all closure, post-closure care and corrective action activities are complete and the department notifies the facility owner or operator that financial assurance is no longer required. 

Financial assurance instruments (FAIs) are the actual mechanisms used to demonstrate the facility meets the financial assurance requirements. FAIs include securities such as insurance certificates, surety bonds, letters of credit, secured trust funds, etc. The department is providing the instrument templates below as sample language for the required financial assurance. Every attempt is made to ensure the sample language is accurate and up-to-date. However, the department cannot guarantee the language is accurate in terms of the current state and federal regulations. Please review Code of State Regulations 10 CSR 25-7.264(1) and (2) and Code of Federal Regulations 40 C.F.R. § 264.151(a) through (n) to gain a clear understanding of the financial assurance requirements. Printed copies of the state and federal regulations can be viewed at any of the departments' regional offices, the Missouri State Library, the U.S. Depository Libraries and most public libraries.

If you have any questions, or need additional assistance, please contact Theresa Doggett, Waste Management Program, at 800-361-4827 or 573-751-5401. Hearing and speech-impaired individuals may reach her through Relay Missouri at 800-735-2966.

Closure or Post-Closure

Click on the document name below to view the sample language. Text in blue and red are instructions and should be deleted from your final document.

Note: Instruments b, c and d must be accompanied by a standby trust fund using the language in Instrument a.

a. Trust Fund for Closure and/or Post-Closure
b. Financial Guarantee Bond for Closure and/or Post-Closure
c. Performance Bond for Closure and/or Post-Closure
d. Letter of Credit for Closure and/or Post-Closure
e. Insurance Certificate for Closure and/or Post-Closure
f. Financial Test for Closure and/or Post-Closure
g. Financial Test for Closure and/or Post-Closure and Liability
h.(1) Corporate Guarantee for Closure and/or Post-Closure

Third Party Liability

Click on the document name below to view the sample language. Text in blue and red are instructions and should be deleted from your final document.

Note: Instrument k must be accompanied by a standby trust fund using the language in Instrument n.

h.(2) Corporate Guarantee for Third Party Liability
i. Insurance Endorsement for Third Party Liability
j. Insurance Certificate for Third Party Liability
k. Letter of Credit for Third Party Liability
l. Payment Bond for Third Party Liability
m. Trust Fund for Third Party Liability
n. Standby Trust Fund for Third Party Liability