California Code of Regulations › Title 27 - Environmental Protection › Division 2 - Solid Waste › 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 2 - Financial Assurance Requirements › Article 2 - Financial Assurance for Postclosure Maintenance › Section 22211 - Calrecycle-Amount of Required Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.