Cal. Code Regs. tit. 27 § 22211

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 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:

(A) The operator may only request a reduced multiplier once every five (5) years, the first request occurring no earlier than the end of the fifth (5) year of postclosure maintenance,

(B) The operator request shall be for a reduction in the multiplier in increments of five (5), but in no instance shall the multiplier be reduced below fifteen (15) until the operator is released from postclosure maintenance pursuant to § 21900, and

(C) During the five (5) year interval, the operator shall meet all of the following conditions:

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:

a. The agency that issued the enforcement order has determined that:

i. Any required capital improvements have been satisfactorily constructed, and

ii. The activities required by the enforcement order either:

I. Are in the operation and maintenance phase, or

II. Have been satisfactorily completed, and

iii. The activities required by the enforcement order are effectively remedying the subject(s) of the enforcement order, and

b. The remaining costs of the activities required by the enforcement order are addressed in the postclosure maintenance and/or the corrective action financial assurance demonstrations.

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. There has not been a disbursement for corrective action in accordance with § 22234, and

4. The postclosure maintenance activities and costs are consistent with the estimated postclosure maintenance activities and costs in the approved postclosure maintenance plan.

(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

(A) The operator fails to meet conditions specified in ¶(a)(2)(C)1 or 2 except:

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;

a. the enforcement order meets the conditions of ¶1, and

b. the operator is in compliance with the terms and conditions of that enforcement order, or

(B) The operator fails to meet the schedule to repay any disbursement for corrective action pursuant to § 22234(b).

(4) If an operator does not qualify for a reduction in the multiplier pursuant to ¶(a)(2)(C) and is not required to increase the multiplier pursuant to ¶(a)(3), CalRecycle shall require the multiplier to be maintained at the current multiplier.

(b) For each solid waste landfill with approved final closure and postclosure maintenance plans on or before July 1, 2010, the postclosure maintenance cost estimate multiplier must be equal to thirty (30), except 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).

(c) Upon transfer of ownership or operation of a closed solid waste disposal site,

(1) The new operator shall provide a financial assurance demonstration using a multiplier of thirty (30), and

(2) The new operator may submit a request to CalRecycle for approval to reduce the multiplier to the current level of financial assurances provided by the previous operator. CalRecycle shall approve the request if CalRecycle determines that all of the following criteria are met:

(A) The new operator has operated and maintained solid waste disposal sites for at least ten (10) years, is not currently in violation of an enforcement order and has not exhibited a pattern and practice of violations of applicable standards;

(B) The new operator has submitted the affidavit required by § 21200(b)(2); and

(C) The new operator has submitted satisfactory evidence that it is able to obtain a financial assurance demonstration, pursuant to § 22228 at a thirty (30) multiplier level.

Cal. Code Regs. Tit. 27, § 22211

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).

Note: Authority cited: Sections 40502 and 43050, Public Resources Code. Reference: Sections 43103, 43501, 43509(a), 43600, 43601, 43602 and 43604, Public Resources Code.

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).