Form Mo 780-1270 - Corporate Guarantee
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2MISSOURI DEPARTMENT OF NATURAL RESOURCES
SOLID WASTE MANAGEMENT PROGRAM
CORPORATE GUARANTEE
NOTE: A CORPORATE GUARANTEE, AS SPECIFIED IN 10 CSR 80-8.050(7)(C)2.F.
Guarantee made this _____________ by ________________________________, a business corporation organized under the laws
(DATE)
(NAME OF GUARANTEEING ENTITY)
of the State of ________________________________, herein referred toa s guarantor, to the Missouri Department of Natural
(STATE)
Resources, oblige, on behalf of your subsidiary
______________________________________________ of ________________________________________________________.
(OWNER/OPERATOR)
(BUSINESS ADDRESS)
RECITALS
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as
specified in 10 CSR 80-8.050(7)(C)2.F. of the Missouri Solid Waste Management Rules, or SWMR.
2. ___________________________owns or operates the following scrap tire processing facility(ies) covered by this guarantee:
(OWNER/OPERATOR)
_____________________________________________________
________________________________
(NAME AND ADDRESS)
(SCRAP TIRE PROCESSING FACILITY PERMIT NO.)
_____________________________________________________
________________________________
(NAME AND ADDRESS)
(SCRAP TIRE PROCESSING FACILITY PERMIT NO.)
3. “Closure plans” as used below refer to the plans maintained as required by 10 CSR 80-8.050.(7)(B) of the SWMR for the closure
of the scrap tire processing facility(ies) as identified above.
4. For value received from _________________________________________________, guarantor guarantees to
(OWNER/OPERATOR)
the Missouri Department of Natural Resources that in the event that ___________________________________ fails
(OWNER/OPERATOR)
to perform closure of the above scrap tire processing facility(ies) in accordance with the closure plans and other
permit requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in
10 CSR 80-8.050(7)(C) 2.A. of the SWMR as applicable, in the name of __________________________________ in the
(OWNER/OPERATOR)
amount of the current closure or post-closure care cost estimates as specified in 10 CSR 80-2.030(4) of the SWMR.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to
meet the financial test criteria, guarantor shall send within ninety (90) days, by certified mail, notice to the Director of
the Missouri Department of Natural Resources, hereinafter known as director, or his/her authorized representative
and the ___________________________________________ that she/he intends to provide alternative financial
(OWNER/OPERATOR)
assurance as specified in 10 CSR 80-8.050(7)(C)2. of the SWMR, as applicable, in the name of
______________________________________. Within 120 days after the end of such fiscal year, the guarantor shall
(OWNER/OPERATOR)
establish such financial assurance unless ____________________________________________ has done so.
(OWNER/OPERATOR)
6. The guarantor agrees to notify the director or his/her authorized representative by certified mail, of a voluntary or involuntary
proceeding under Title 11 (bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days after commencement of
the proceeding.
7. Guarantor agrees that within thirty (30) days after being notified by director or his/her authorized representative of a
determination that guarantor no longer meets the financial test criteria or that she/he is disallowed from continuing as a guarantor
of closure, she/he shall establish alternate financial assurance as specified in 10 CSR 80-8.050(7)(C)
of the SWMR, as applicable, in the name of ________________________ unless the ____________________ has done so.
(OWNER/OPERATOR)
(OWNER/OPERATOR)
MO 780-1270 (10-11)
PAGE 1 OF 2
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