§ 22225. Minimum Closure and/or Postclosure Maintenance and/or Reasonably Foreseeable Correctiv...
27 CA ADC § 22225Barclays 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 3. Allowable Mechanisms (Refs & Annos)
Article 1. Calrecycle--General Requirements for Mechanisms
27 CCR § 22225
§ 22225. Minimum Closure and/or Postclosure Maintenance and/or Reasonably Foreseeable Corrective Action Fund Balance Calculation. (T14:§ 18282)
(a) Except as provided in ¶(b), and § 22228, an operator using a trust fund or an enterprise fund to demonstrate financial responsibility for closure and/or postclosure maintenance and/or reasonably foreseeable corrective action costs shall maintain a fund balance equal to or exceeding the amount specified by the following provisions:
(1) By each anniversary date of the establishment of the fund, the operator shall submit the following information to the CIWMB. The estimates shall be consistent with the information in the solid waste landfill's current Report of Disposal Site Information specified in § 21680, and/or the most recently submitted closure plan, or postclosure maintenance plan, and/or reasonably foreseeable corrective action cost estimate.
(A) For anniversary dates that occur before December 31, 1993, the minimum deposit is calculated by, (Cf/Ct) X E = minimum deposit, where Cf is the annual capacity filled, Ct is the total permitted capacity, and E is the current closure and/or postclosure cost and/or reasonably foreseeable corrective action costs estimate(s) covered by the fund; and
(B) For anniversary dates that occur on or after December 31, 1993, the minimum deposit is calculated by, (Cf/Cr) X Er = minimum deposit, where Cf is the annual capacity filled, Cr is the remaining permitted capacity, Er is the remaining closure and/or postclosure cost and/or reasonably foreseeable corrective action costs estimate(s) to be funded.
(b) If an operator establishes a trust fund or enterprise fund after using one or more alternate mechanisms specified in this Article, the initial payment into the fund must be at least the amount that the fund would contain if the trust fund or enterprise fund were established initially and annual payments were made according to the formula(s) specified in this section.
Credits
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43103 and 43501, Public Resources Code.
History
1. New subchapter 3, article 1 (sections 22225-22237) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. New addendum to subchapter heading and amendment of article heading filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 27, § 22225, 27 CA ADC § 22225
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