Cal. Code Regs. tit. 27 § 22250

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

Section 22250 - CalRecycle - Federal Certification. (T14: section 18292)

(a) A federal entity which is responsible for closure or postclosure maintenance of one or more solid waste landfills located in California may, in lieu of using the other financial mechanisms provided in this Article, provide a Federal Certification for each solid waste landfill, in accordance with this section.

(b) Each Federal Certification shall include the following:

(1) A commitment by the federal entity to make a timely request for the funds needed to complete the closure and postclosure maintenance activities described in the most recently approved final closure and postclosure maintenance plans in accordance with Executive Order 12088 dated October 13, 1978 and OMB Circular A-106 dated December 31, 1974, which are incorporated by reference, or any pertinent amendments to those requirements;

(2) Copies of the initial closure and postclosure maintenance cost estimates and any amendments thereto, prepared pursuant to § 21820 and § 21840, respectively; and

(3) A commitment by the federal entity not to restructure the closure and postclosure funding in a manner that would interfere with timely completion of closure or postclosure maintenance activities.

(c) Should Congress fail to appropriate the necessary funding for closure and postclosure maintenance of a disposal facility, the federal entity shall advise CalRecycle within 90 days of such failure, and shall provide to CalRecycle, documentation of all measures it will undertake to ensure that closure and postclosure activities are completed in accordance with the most recently approved closure and postclosure maintenance plans.

(d) Nothing in this section shall be deemed to require any federal entity, or employees, agents, or representative thereof, to violate the federal Anti-Deficiency Act, 31 U.S.C. § 1341.

(e) Each federal entity owning or operating a solid waste landfill in California on or after January 1, 1989, and choosing to provide assurance by using the Federal Certification, shall file the necessary documents with CalRecycle not later than 120 days after the effective date of these amendments or, for new disposal facilities, at the time of application for a solid waste facility permit.

(f) A federal entity may choose to act as a provider of financial assurance for closure or postclosure maintenance on behalf of private or other entities operating solid waste landfills, if either:

(1) The solid waste landfill is located on federal land; or

(2) The operator operates or manages the solid waste landfill pursuant to a contract with the federal entity or an applicable subcontract.

Cal. Code Regs. Tit. 27, § 22250

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect amending section heading and subsections (c) and (e) filed 12-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 50).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43103 and 43500 through 43610, Public Resources Code.