§ 22228. CIWMB--Acceptable Mechanisms and Combination of Mechanisms. (T14:§ 17258.74, 18233, 18...
27 CA ADC § 22228Barclays 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 § 22228
§ 22228. CIWMB--Acceptable Mechanisms and Combination of Mechanisms. (T14:§ 17258.74,18233,18283)
(d) If an operator combines a trust fund and/or an enterprise fund with any other mechanism to cover closure costs and/or postclosure maintenance costs and/or third party operating liability coverage requirements and/or corrective action costs, the operator may only use the fund buildup authorized by § 22225 and/or § 22226, for the portion of closure and/or postclosure maintenance costs and/or corrective action costs covered by the trust fund and/or enterprise fund.
(e) The enterprise fund, government securities, local government financial test, and self-insurance and risk management mechanisms are acceptable only for disposal facilities operated by government agencies. A local government guarantee and a pledge of revenue may be used by an operator or provider of financial assurances that is a government agency for a disposal facility to demonstrate financial responsibility for postclosure maintenance and/or corrective actions.
(g) The financial means test and guarantee mechanisms are acceptable only for disposal facilities operated by private firms. A private operator may combine a financial means test with a guarantee only if, for the purpose of meeting the requirements of the financial means test, the financial statements of the operator are not consolidated with the financial statements of the guarantor.
Credits
Note: Authority cited: Sections 40502, 43040 and 43601.5, Public Resources Code. Reference: Sections 43040, 43103 and 43500-43610.1, Public Resources Code; Part 258.74(f) and (h), Title 40, Code of Federal Regulations.
History
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Editorial correction of Note (Register 98, No. 48).
3. New subsections (a)(10) and (a)(11), subsection renumbering, amendment of subsections (e) and (f), new subsection (k) and amendment of Note filed 11-23-98; operative 12-23-98 (Register 98, No. 48).
4. Amendment of subsections (a) and (f) filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 27, § 22228, 27 CA ADC § 22228
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