§ 22211. CalRecycle--Amount of Required Coverage.
27 CA ADC § 22211Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 27. Environmental Protection
Division 2. Solid Waste (Refs & Annos)
Subdivision 1. Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
Chapter 6. Financial Assurances at Solid Waste Facilities and at Waste Management Units for Solid Waste
Subchapter 2. Financial Assurance Requirements
Article 2. Financial Assurance for Postclosure Maintenance
27 CCR § 22211
§ 22211. CalRecycle--Amount of Required Coverage.
(a) The operator of each solid waste landfill shall demonstrate financial responsibility to CalRecycle for postclosure maintenance until released from postclosure maintenance pursuant to § 21900. Except as otherwise provided in ¶(b) and § 22225, the amount of the financial demonstration must be at least the amount of the greater of either the most recently approved or most recently submitted postclosure maintenance cost estimate, prepared pursuant to § 21840 multiplied by a factor as identified below.
(1) For each solid waste landfill without approved final closure and postclosure maintenance plans on or before July 1, 2010, the postclosure maintenance cost estimate must be calculated with a multiplier equal to thirty (30) from the time the postclosure maintenance cost estimate is initially prepared and continuing throughout the certification of closure of the entire solid waste landfill pursuant to § 21880, which will initiate the postclosure maintenance period of the closed landfill.
(2) After five (5) years of completed postclosure maintenance activities, at each postclosure maintenance plan review conducted pursuant to § 21865, the operator may submit a request to CalRecycle for approval to use a reduced multiplier. CalRecycle shall approve the use of a reduced multiplier if CalRecycle determines all the following criteria have been satisfied:
1. The operator has not been subject to an enforcement order issued for the closed solid waste landfill by EA, CalRecycle, or RWQCB, including but not limited to, a Notice and Order, Cleanup and Abatement Order, Cease and Desist Order, Time Schedule Order, or similar controlling order within the current Waste Discharge Requirements of RWQCB or SWFP and CalRecycle has not placed the closed solid waste landfill on the Inventory of Facilities Violating State Minimum Standards, except if:
c. If the multiplier was previously approved for reduction pursuant to ¶a and ¶b, CalRecycle shall require the multiplier to be increased in increments of five (5), limited to one (1) incremental increase within a five (5) year period, to a maximum multiplier of thirty (30), if at any time subsequent to the approved reduction the operator fails to continue to meet the conditions specified in ¶a and ¶b.
2. The operator has consistently performed a proactive monitoring program that has been described in the operator's postclosure maintenance plan that has been approved by EA, CalRecycle and RWQCB. The proactive monitoring program shall include, but not be limited to the following: leachate quality and quantity; landfill gas generation and migration; groundwater quality; and final cover settlement, stability, integrity, and maintenance history including repair and replacement. If the operator is already monitoring one or more of the items identified in this section due to other requirements, these may be included within the proactive monitoring program. The proactive monitoring program shall ensure that the operator is obtaining information in order to determine the characteristics and trends of leachate, landfill gas, groundwater and final cover both individually and as they interact with each other in the landfill. The operator shall analyze the data to determine if postclosure maintenance activities have been and will be effective in meeting the requirements of §§ 21090 and 21180. The monitoring data and evaluation shall be made available to EA, CalRecycle, and RWQCB upon request,
(3) At each postclosure maintenance plan review conducted pursuant to § 21865, if the multiplier was previously approved for reduction pursuant to ¶(a)(2), CalRecycle shall require the multiplier to be increased in increments of five (5), limited to one (1) incremental increase within a five (5) year period, to a maximum multiplier of thirty (30), if, during the five (5) year interval since the previous plan review, either
1. if the enforcement order issued pursuant to ¶(a)(2)(C)1 was issued due to an exceptional event unrelated to the design, operation, closure, or maintenance of the closed solid waste landfill, including, but not limited to, a wildfire or act of terrorism, and the operator petitions CalRecycle and CalRecycle determines that;
(1) Upon request by the operator and verification by CalRecycle, the operator may reduce the multiplier to an amount corresponding to the number of years of postclosure maintenance completed since the approval of the certification of closure of the entire solid waste landfill pursuant to § 21880, but shall not reduce the multiplier to less than fifteen (15).
(2) Upon request by the operator and verification by CalRecycle, at the end of each year of postclosure maintenance, the operator may reduce the multiplier on a one-for-one basis with the number of years of postclosure maintenance completed, but shall not reduce the multiplier to less than fifteen (15).
Credits
Note: Authority cited: Sections 40502 and 43050, Public Resources Code. Reference: Sections 43103, 43501, 43509(a), 43600, 43601, 43602 and 43604, Public Resources Code.
History
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of section heading, section and Note filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 27, § 22211, 27 CA ADC § 22211
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