Cal. Code Regs. tit. 27 § 22234

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

Section 22234 - Calrecycle-Disbursements from Financial Mechanisms

(a) The operator, or other person authorized to conduct closure, postclosure maintenance, or corrective action activities may request disbursements from CalRecycle for these expenditures in advance of the activities or as reimbursement for activities completed. Requests for disbursement will be granted by CalRecycle only if:

(1) Sufficient funds are remaining in the financial mechanism(s) to cover the remaining costs of closure, postclosure maintenance, or corrective action; and

(2) Justification and documentation of the cost is presented to CalRecycle for review and approval in conjunction with approved final closure and postclosure maintenance plans or an approved corrective action plan.

(3) For a corrective action financial mechanism, the owner and operator have provided documentation satisfactory to CalRecycle that they are financially unable to conduct the corrective action activities without receiving a disbursement or disbursements from the financial mechanism.

(b) The operator shall replenish the corrective action financial mechanism(s) to the level prescribed by § 22221 within five (5) years of the initial disbursement unless CalRecycle and RWQCB agree to an alternate schedule.

(c) CalRecycle shall authorize disbursements from an established closure or postclosure maintenance financial assurance mechanism to the RWQCB for the costs of closure or postclosure maintenance if the RWQCB finds that the operator has failed to perform closure or postclosure maintenance as required by the closure plan or postclosure maintenance plan as approved by the RWQCB and CalRecycle, or as required by an Order issued by the RWQCB, including Waste Discharge Requirements (WDRs), Cease and Desist Orders (CDOs), and/or Cleanup and Abatement Orders (CAOs).

(d) CalRecycle shall authorize disbursements from an established corrective action financial assurance mechanism to the RWQCB for the costs of corrective action if the RWQCB finds that the operator has failed to perform corrective action as required by the corrective action workplan as approved by the RWQCB and CalRecycle or as required by an Order issued by the RWQCB, including WDRs, CDOs, and/or CAOs.

Cal. Code Regs. Tit. 27, § 22234

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of section heading and subsection (a) filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9).
3. Amendment of section heading and section filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43103 and 43500 - 43610, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.74(a)(7).