(a)
(1) Prior to initiating operations at a commercial medical waste incineration facility, the owner or operator must demonstrate:
(A) Evidence of liability insurance in such amount as the Division of Environmental Quality may determine to be necessary for the protection of public health and safety and protection of the environment; and
(B) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the commercial medical waste incineration facility, all appropriate measures can be taken to prevent present and future damage to the public health and safety and to the environment.
(2) In determining the adequacy of the evidence submitted, the division may consider credible evidence indicating that the permittee is undercapitalized, insolvent, or otherwise financially incapable of assuring environmentally sound operations at the permitted commercial medical waste incineration facility.
(b) In determining the nature of financial assurance guarantees required by subsection (a) of this section, the division and the permittee shall follow, to the extent applicable, the federal regulations governing financial assurance of facilities governed by Subtitle D of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6941 et seq.