MISSOURI DEPARTMENT OF NATURAL RESOURCES
SOLID WASTE MANAGEMENT PROGRAM
IRREVOCABLE TRUST AGREEMENT
NOTE: THIS IS A TRUST AGREEMENT FOR A TRUST FUND, AS SPECIFIED IN 10 CSR 80-8.050(7)(C)2.A.
In order to provide a financial assurance instrument in accordance with sections 260.200-260, RSMo. and
10 CSR 80-8.050(7)(C), Missouri Solid Waste Management Rules, to ensure that the closure requirements of the approved scrap
tire processor permit issued by the Missouri Department of Natural Resources hereafter, department, to
_______________________________________________ of ______________________________________________, and
_______________________________________________ of ______________________________________________,
dated the ___________________ day of ______________, 20________, and any amendments thereto will be complied with,
_____________________________________________________ , as Settlor, hereby enters into this irrevocable trust
agreement and hereby transfers to ___________________________ of _____________________________________
a bank or financial institution which has the authority to act as a trustee and whose trust operations are examined and
regulated by the state of Missouri or a federal agency, as Trustee, the cash, certificates of deposit, U.S. government
securities, or Letters of Credit having a value as described on Schedule “A” attached hereto, in trust for the department as sole
beneficiary to be held subject to the terms and conditions set forth below. This trust is created this __________________ day
of _______________, 20_______, and shall continue until terminated as hereafter set forth. The trust shall be named the
“Closure Trust Fund for the ___________________________________” located in the ______________________________,
(SCRAP TIRE PROCESSOR)
(SECTION, TOWNSHIP AND RANGE)
_________________________________________________County, Missouri scrap tire processor permit No._____________.
The Trustee shall add to the trust fund additional cash, certificates of deposit and U.S. government securities when they are
transferred to the Trustee over the estimated active site life of the scrap tire processing facility in compliance with the
requirements of the approved operating permit and any amendments thereto. A total of no more than $100,000 in cash
shall be deposited into the trust fund and any other trust or escrow account established by the owner/operator in the same
bank or financial institution for the purpose of providing a financial assurance instrument for the department, Certificates of
deposit or U.S. government securities shall be used for amounts in such accounts in excess of $100,000.
All interest, and other trust fund earnings and profits, shall be accumulated in the account. There shall be no withdrawals
from the trust fund except as authorized in writing by the director of the department.
All or any part of the accumulated principal and income in the trust fund may be withdrawn by the department, upon written
request of the director of the department, to be used to carry out the closure requirements of the approved operating permit
and any amendments thereto, if the owner/operator or any successor in interest fails to do so. The department shall mail
notification of its intent to use funds for that purpose to the last known address of the owner/operator. The Trustee shall
disburse the trust funds as directed by the director of the department, in accordance with section 260.275, RSMo.
The owner/operator may apply to the department for release of the funds held by the Trustee for closure of the scrap tire
processing facility as specified in 10 CSR 80-8.050(7)(C), Missouri Solid Waste Management Rules. Upon determination by
the department that closure has been accomplished, in accordance with the approved closure plans and any amendments
thereto, the department shall authorize the release or proportional release of funds to the owner/operator. At such time as
all of the trust funds have been paid to or released by the department, this trust shall terminate.
MO 780-1272 (10-11)
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