Section 900.704  Upgrading Surety Instrument

a)         The owner of a lagoon must increase the total amount of surety in place so as to equal the level of surety as calculated within 90 days after:

1)         a modification resulting in an increase in the volume of the lagoon; or

2)         an increase in the cost factor under Section 900.703(b) of this Part.

b)         If modification of a lagoon results in a decrease in volumetric capacity, the owner or operator may provide the Department with documentation of the reduction in volumetric capacity and request a recalculation of the level of surety.  Within 90 days after a request by the owner or operator under this subsection (b), the Department must either:

1)         release any surety amount above the level of surety as recalculated based upon the owner's documentation of reduction of volumetric capacity; or

2)         conduct an inspection and determine the amount by which volumetric capacity has been decreased.

c)         If the Department conducts an inspection under subsection (b), then the Department must release any surety amount above the level of surety as recalculated based upon the results of the inspection.