reglab/statecodes huggingface dataset:
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 4 - Documentation and Reporting for Regulatory Tiers, Permits, WDRs, and Plans › Subchapter 5 - Calrecycle - Corrective Action Cost Estimate and Plan Requirements › Section 22103 - Calrecycle-Updated Corrective Action Cost Estimate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 operator shall submit an updated corrective action estimate prepared pursuant
					 to §
											22101(a) and an
					 updated correction action estimate or corrective action plan prepared pursuant
					 to §
											22101(b) each
					 time closure and postclosure maintenance plans are required to be submitted
					 pursuant to §
											21865.
(1) The updated cost estimate shall be based
					 on the current unit costs. Cost estimate adjustments based only on inflation
					 factors are not acceptable.
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 5 - Enforcement › Article 4 - Enforcement by Regional Water Quality Control Board (RWQCB) › Section 22190 - SWRCB-Mandatory Closure (Cease and Desist Orders). (C15: Section 2593)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Source Control--If the RWQCB finds that early closure of a waste management
					 unit (Unit) is necessary to prevent (or curtail) violation of waste discharge
					 requirements [e.g., as a source control measure in corrective action, under
					 §
											20430(c)], it
					 shall adopt a Cease and Desist Order, pursuant to §
											13302 of the
					 Water Code, which requires closure according to a closure and post-closure
					 maintenance plan approved by the RWQCB.
(b) New/Updated Plan--Any time a Unit is
					 subjected to early closure, under ¶(a), the discharger shall, in
					 accordance with a schedule of compliance issued by the RWQCB, submit to the
					 RWQCB a report including an appropriate closure and post-closure maintenance
					 plan (under §
											21769), if such a plan applicable
					 to the early-closed configuration of the Unit was not submitted with the report
					 of waste discharge and including a revised schedule for immediate termination
					 of operations and closure.
1. New
						chapter 5, article 4 (section
						22190) and section filed 6-18-97;
						operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
						  1058, Water
						  Code. Reference: Sections
						  13301 and
						  13304, Water
						  Code; and Section
						  43103,
						  Public Resources Code.
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 1 - Definitions for Financial Assurance Demonstrations and Requirements › Section 22200 - CIWMB-Definitions. (T14:Section 18281)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When used in this Chapter, the following terms shall have
						the meanings given below:
(a)
					 "Accidental occurrence" means an event, including pollution exposures, which
					 occurs during the operation of a disposal facility prior to closure, that
					 results in bodily injury and/or property damage, and includes continuous or
					 repeated exposure to conditions, neither expected nor intended from the
					 standpoint of the facility operator.
(b) "Admitted carrier" means an insurance
					 company entitled to transact the business of insurance in this state, having
					 complied with the laws imposing conditions precedent to transactions of such
					 business.
(c) "Annual capacity
					 filled" means the portion of a solid waste landfill's total permitted capacity
					 that was filled during the following period:
(1) From August 18, 1989 until 60 days prior
					 to the anniversary date of the establishment of a trust fund or an enterprise
					 fund; and
(2) From 60 days prior to
					 each anniversary date of the establishment of a trust fund or an enterprise
					 fund that occurs before the subsequent anniversary date.
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 1 - Financial Assurance for Closure › Section 22205 - CIWMB-Scope and Applicability. (T14:Section 18280)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						This article requires operators of solid waste landfills to demonstrate the
						availability of financial resources to conduct closure activities.
(b) The requirements of this article apply to
						operators of all disposal facilities that are required to be permitted as solid
						waste landfills pursuant to Chapter 4 of this Division and have been or will be
						operated on or after January 1, 1988.
(c) Operators of all disposal facilities
						shall comply with the requirements of this Article upon application for
						issuance, amendment, modification, revision or review of a SWFP, commencing the
						effective date of this Article.
1. New
						  subchapter 2, article 1 (sections
						  22205-22207) and section filed
						  6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Sections
							 40502
							 and
							 43509,
							 Public Resources Code. Reference: Sections
							 43103,
							 43500,
							 43600,
							 43602
							 and
							 43603,
							 Public Resources Code.
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 1 - Financial Assurance for Closure › Section 22206 - CIWMB-Amount of Required Coverage. (T14:Section 18282)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as otherwise noted in §
												22228 of Article 1 of Subchapter 3
						of this Chapter, the operator of each solid waste landfill shall demonstrate
						financial responsibility to the CIWMB for closure in at least the amount of the
						current closure cost estimate.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 40502,
							 Public Resources Code. Reference: Sections
							 43103
							 and
							 43501,
							 Public Resources Code.
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 1 - Financial Assurance for Closure › Section 22207 - SWRCB-Closure Funding Requirements. [C15: Sections 2574(F and G) and 2580(f)]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of this section apply to dischargers
						  who own or operate a Class II, or Class III waste management unit (Unit) or a
						  mining waste management unit (mining Unit).
(a) Unit Closure Funding--At Class II and
						Class III Units for which the CIWMB does not require a closure fund, the RWQCB
						shall require the discharger to establish an irrevocable closure fund (or to
						provide other means) pursuant to the CIWMB-promulgated sections of this chapter
						but with the RWQCB named as beneficiary, to ensure closure of each classified
						Unit in accordance with an approved plan meeting all applicable
						SWRCB-promulgated requirements of this subdivision. For solid waste disposal
						sites, the RWQCB shall coordinate with the CIWMB, pursuant to §
												20950(f).
(b) Mining Unit Closure Funding--For mining
						Units only, the discharger shall provide for adequate funding to pay for the
						costs of closure as required by the mining regulations of Article 1, Subchapter
						1, Chapter 7 of this division (§
												22470 et seq.). The discharger
						shall provide assurance of financial responsibility acceptable to the RWQCB.
						The RWQCB shall periodically review financial assurances for mining Units and
						shall modify the financial assurances as necessary to provide continued
						compliance with this section. If a lead agency acting under the authority of
						§
												2774(a)
						of the Public Resources Code requires assurances of financial responsibility
						for a mining Unit, these assurances can be used to fulfill the requirement
						under this paragraph, provided that:
(1) the
						RWQCB approves the assurance; and
(2) the RWQCB is named as alternate
						payee.
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 22210 - CIWMB-Scope and Applicability. (T14:Section 18280)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						This article requires operators of solid waste landfills to demonstrate the
						availability of financial resources to conduct postclosure maintenance
						activities.
(b) The requirements of
						this article apply to operators of all disposal facilities that are required to
						be permitted as solid waste landfills pursuant to Chapter 4 of this Division
						and have been or will be operated on or after January 1, 1988.
(c) Operators of all disposal facilities
						shall comply with the requirements of this Article upon application for
						issuance, amendment, modification, revision or review of a SWFP, commencing the
						effective date of this Article.
1. New
						  article 2 (sections
						  22210-22212) and section filed
						  6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Sections
							 40502
							 and
							 43509,
							 Public Resources Code. Reference: Sections
							 43103,
							 43500,
							 43600,
							 43602
							 and
							 43603,
							 Public Resources Code.
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 22212 - SWRCB-Post-Closure Funding Requirements. [C15: Sections 2574(F and G) and 2580(f)]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of this section apply to dischargers
						  who own or operate a Class II or Class III waste management unit (Unit) or a
						  mining waste management unit (mining Unit).
(a) Non-Mining Units--At Class II and Class
						III Units for which the CIWMB does not require a closure fund, the RWQCB shall
						require the discharger to establish an irrevocable fund (or to provide other
						means) pursuant to the CIWMB-promulgated sections of this chapter but with the
						RWQCB named as beneficiary, to ensure post-closure maintenance of each
						classified Unit in accordance with an approved plan meeting all applicable
						requirements of this subdivision. For solid waste landfills, the RWQCB shall
						coordinate with the CIWMB, pursuant to §
												20950(f).
(b) Mining Units--The discharger shall
						provide for adequate funding to pay for the costs of closure post-closure
						maintenance at mining Units, as required by the mining regulations of Article
						1, Subchapter 1, Chapter 7 of this division (§
												22470 et seq.). The discharger
						shall provide assurance of financial responsibility acceptable to the RWQCB.
						The RWQCB shall periodically review financial assurances for mining Units and
						shall modify the financial assurances as necessary to provide continued
						compliance with this section. If a lead agency acting under the authority of
						§
												2774(a)
						of the Public Resources Code requires assurances of financial responsibility
						for a mining Unit, these assurances can be used to fulfill the requirement
						under this paragraph, provided that:
(1) the
						RWQCB approves the assurance; and
(2) the RWQCB is named as alternate
						payee.
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 3 - CIWMB-Financial Assurance Requirements for Operating Liability › Section 22215 - CIWMB-Scope and Applicability. (T14:Section 18230)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						This article requires operators of disposal facilities to demonstrate adequate
						financial ability to compensate third parties for bodily injury and property
						damage caused by facility operation prior to closure.
(b) Operators of all disposal facilities,
						except state and federal operators, shall comply with the requirements of this
						Article upon application for issuance, amendment, modification, revision or
						review of a SWFP, commencing July 1, 1992.
1. New
						  article 3 (sections
						  22215-22216) and section filed
						  6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Sections
							 40502
							 and
							 43040,
							 Public Resources Code. Reference: Sections
							 43040
							 and
							 43103,
							 Public Resources Code.
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 3 - CIWMB-Financial Assurance Requirements for Operating Liability › Section 22216 - CIWMB-Amount of Required Coverage. (T14:Section 18232)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						operator of one or more disposal facilities shall demonstrate financial
						responsibility for compensating third parties for bodily injury and property
						damage caused by any accidental occurrences, including exposures to pollution,
						in at least the amount of:
(1) One million
						dollars ($1,000,000) per occurrence; and
(2) One million dollars ($1,000,000) annual
						aggregate for 1 facility.
(3) Two
						million dollars ($2,000,000) annual aggregate for 2 facilities.
(4) Three million dollars ($3,000,000) annual
						aggregate for 3 facilities.
(5)
						Four million dollars ($4,000,000) annual aggregate for 4 facilities.
(6) Five million dollars ($5,000,000) annual
						aggregate for 5 or more facilities, which is the maximum coverage
						required.
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 4 - Financial Assurance Requirements for Corrective Action › Section 22220 - Calrecycle-Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						This article requires operators of disposal facilities to demonstrate the
						availability of financial resources to conduct corrective action activities as
						required under §§
												20380(b) and
						22100.
(b) The requirements of this article apply to
						operators of all disposal facilities that were or are required to be permitted
						as solid waste landfills and have been or will be operated on or after July 1,
						1991.
1. New
						  article 4 (sections
						  22220-22222) and section filed
						  6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of
						  section heading and subsection (a) filed 4-9-2010; operative 7-1-2010 (Register
						  2010, No. 15).
Note: Authority cited: Sections
							 40502
							 and
							 40508,
							 Public Resources Code. Reference: Sections
							 40508
							 and
							 43103,
							 Public Resources Code; Section
							 258.73, Title 40, Code of Federal
							 Regulations.
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 4 - Financial Assurance Requirements for Corrective Action › Section 22221 - Calrecycle-Amount of Required Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as otherwise provided in ¶(b) and in §§
												22225 and §
												22226, the operator of each
						disposal facility shall demonstrate financial responsibility to CalRecycle for
						initiating and completing known or reasonably foreseeable corrective action in
						at least the amount of the greater of either the most recently approved or most
						recently submitted corrective action cost estimate prepared pursuant to §
												22101(a) [Water
						Release Corrective Action Estimate]. Effective July 1, 2011, this ¶ does
						not apply to an operator that is required to comply with ¶(b).
(b) Except as otherwise provided in
						§§
												22225 and
						22226, effective July 1, 2011, on
						or before the date of the first permit review or revision or plan review as
						determined by the schedule in §
												21865, the operator of each
						disposal facility shall demonstrate financial responsibility to CalRecycle for
						initiating and completing known or reasonably foreseeable corrective action in
						at least the amount of the greater of:
(1)
						The greater of either the most recently approved or most recently submitted
						corrective action cost estimate, prepared pursuant to §
													22101(a), [Water
						Release Corrective Action Estimate], or
(2) The greater of the most recently approved
						or most recently submitted corrective action cost estimate, prepared pursuant
						to §
													22101(b),
						[Non-Water Release Corrective Action Estimate].
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 4 - Financial Assurance Requirements for Corrective Action › Section 22222 - SWRCB-Corrective Action Funding Requirements. [C15: Section 2550.0(b) and Section 2580(f)]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements of this section apply to dischargers
						  who own or operate a Class II or Class III waste management unit (Unit). This
						  section does not apply to discharges of mining waste to mining waste management
						  units (mining Units). [
Note: The requirements of this paragraph do not
						  preclude the RWQCB (under authority other than this subdivision) from requiring
						  financial assurance for a known or reasonably foreseeable release at a mining
						  Unit
.] At Units for which the CIWMB does not require financial
						  assurances for corrective action, the RWQCB shall require the discharger to
						  establish an irrevocable fund (or to provide other means) pursuant to the
						  CIWMB-promulgated sections of this chapter but with the RWQCB named as
						  beneficiary, to ensure funds are available to address a known or reasonably
						  foreseeable release from the Unit, pursuant to §
												20380(b). For
						  addressing a known or reasonably foreseeable release at a solid waste landfill,
						  the RWQCB shall coordinate with the CIWMB, pursuant to §
												20380(b) and in a
						  manner consistent with §
												20950(f).
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 1058, Water
							 Code. Reference: Sections
							 13172,
							 13226,
							 13263, and
							 13267, Water
							 Code; and Section
							 43103,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22225 - Minimum Closure and/or Postclosure Maintenance and/or Reasonably Foreseeable Corrective Action Fund Balance Calculation. (T14:Section 18282)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as provided in ¶(b), and §
												22228, an operator using a trust
						fund or an enterprise fund to demonstrate financial responsibility for closure
						and/or postclosure maintenance and/or reasonably foreseeable corrective action
						costs shall maintain a fund balance equal to or exceeding the amount specified
						by the following provisions:
(1) By each
						anniversary date of the establishment of the fund, the operator shall submit
						the following information to the CIWMB. The estimates shall be consistent with
						the information in the solid waste landfill's current Report of Disposal Site
						Information specified in §
													21680, and/or the most recently
						submitted closure plan, or postclosure maintenance plan, and/or reasonably
						foreseeable corrective action cost estimate.
(A) A demonstration of the minimum fund
						balance calculation as required in ¶(a)(2);
(B) The annual capacity filled during the
						past year;
(C) The cumulative
						capacity filled;
(D) The remaining
						cost estimate;
(E) The remaining
						permitted capacity; and
(F) The
						total permitted capacity.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22226 - CIWMB-Minimum Fund Balance Calculation for Known Corrective Action. (T14:Section 17258.74)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						operator using a trust fund or an enterprise fund to demonstrate financial
						responsibility for known corrective action costs shall maintain a fund balance
						equal to or exceeding the amount specified by the following provisions:
(1) Payments into the known corrective action
						fund must be made annually by the operator over one-half of the estimated
						length of the known corrective action program. This period is referred to as
						the pay-in period.
(2) For a trust
						fund or enterprise fund used to demonstrate financial assurance for corrective
						action, the first payment into the fund must be at least equal to one-half of
						the current cost estimate for corrective action, divided by the number of years
						in the corrective action pay-in period as defined in ¶(a)(1). The amount
						of subsequent payments must be determined by the following formula:
Next Payment:
RB-CV
Y
where RB is the most recent estimate of the required
						  fund balance for corrective action (i.e., the total costs that will be incurred
						  during the second half of the corrective action period), CV is the current
						  value of the fund, and Y is the number of years remaining in the pay-in
						  period.
(3) The initial
						payment into the fund must be made no later than 120 days after the corrective
						action remedy has been selected in accordance with the requirements of Article
						1, Subchapter 3, Chapter 3 (§
													20380 et seq.).
(4) If the operator establishes a fund after
						having used one or more alternate mechanisms specified in this Subchapter, the
						initial payment into the fund must be at least the amount that the fund would
						contain if the fund were established initially and annual payments made
						according to the specifications of this section.
(5) The fund may be terminated by the
						operator only if the operator substitutes alternate financial assurance as
						specified in this Subchapter or is no longer required to demonstrate financial
						responsibility in accordance with the requirements of Article 4 of Subchapter 2
						of this Chapter.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22227 - CIWMB-Substitution of Mechanisms. (T14:Section 18241,18293)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						operator may substitute any alternate financial assurance mechanism(s)
						acceptable to the CIWMB as specified in this Subchapter, provided that at all
						times the operator maintains an effective mechanism or a combination of
						effective mechanisms that satisfies the applicable requirements of this
						Subchapter.
(b) After obtaining
						alternate financial assurance, an operator may request that the CIWMB terminate
						or authorize the termination of a financial assurance mechanism. The operator
						shall submit such a request in writing with evidence of alternate financial
						assurance.
(c) Following approval
						by the CIWMB, the operator may cancel a financial assurance mechanism by giving
						notice to the provider of financial assurance.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 40502,
							 Public Resources Code. Reference: Sections
							 43103
							 and
							 43500-
							 43610,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22228 - CIWMB-Acceptable Mechanisms and Combination of Mechanisms. (T14:Section 17258.74,18233,18283)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Subject to the limitations and conditions of ¶(b) through
						¶(
l
), an operator shall use any one, or any combination
						of mechanisms as described in Article 2 of this Subchapter:
(1)
													§
													22240, Trust Fund;
(2)
													§
													22241, Enterprise Fund;
(3)
													§
													22242, Government
						Securities;
(4)
													§
													22243, Letter of Credit;
(5)
													§
													22244, Surety Bond;
(6)
													§
													22245, Pledge of
						Revenue;
(7)
													§
													22246, Financial Means
						Test;
(8)
													§
													22247, Guarantee;
(9)
													§
													22248, Closure and/or Postclosure
						Maintenance and/or Reasonably Foreseeable Corrective Action Costs
						Insurance;
(10)
													§
													22249, Local Government Financial
						Test;
(11)
													§
													22249.5, Local Government
						Guarantee;
(12)
													§
													22250, Federal
						Certification;
(13)
													§
													22251, Liability
						Insurance;
(14)
													§
													22252, Self-Insurance and Risk
						Management;
(15)
													§
													22253, Insurance and Environmental
						Fund; and
(16)
													§
													22254, State Approved
						Mechanism.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22229 - CIWMB-Use of Multiple Mechanisms. (T14:Section 17258.74)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						operator may satisfy the requirements of this Chapter by establishing more than
						one financial mechanism per disposal facility. The mechanisms must be as
						specified in Article 2 of this Subchapter, except that it is the combination of
						mechanisms, rather than the single mechanism, which must provide financial
						assurance for an amount at least equal to the current coverage requirement of
						Subchapter 2.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 40502,
							 Public Resources Code. Reference: Sections
							 43103
							 and
							 43500-
							 43610,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22230 - CIWMB-Use of Mechanism(s) for Multiple Facilities (new)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						operator may use one or more of the financial assurance mechanisms specified in
						Article 2 of this Subchapter, to provide financial assurance for more than one
						disposal facility. The amount of funds provided shall be no less than the sum
						of funds that would be available if a separate mechanism had been established
						and maintained for each disposal facility. In directing funds for designated
						activities of any of the disposal facilities covered by the mechanism(s), only
						the amount of funds designated for that activity at that disposal facility may
						be used.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 40502,
							 Public Resources Code. Reference: Sections
							 43103
							 and
							 43500-
							 43610,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22231 - Calrecycle-Cancellation or Nonrenewal by a Provider of Financial Assurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as otherwise provided in §
												22232, a provider of financial
						assurance may cancel or not renew a financial assurance mechanism by sending a
						notice of termination by certified mail to the operator, and CalRecycle.
(1) Termination of a letter of credit, a
						surety bond, an insurance policy, or a guarantee shall not occur until 120 days
						after the date on which the operator and CalRecycle have received the notice of
						termination, as evidenced by the return receipts.
(2) If a provider of financial assurance
						cancels or fails to renew a mechanism for reasons other than its bankruptcy or
						incapacity, the operator shall obtain alternate coverage within 60 days after
						receiving the notice of termination. If the operator fails to obtain alternate
						coverage within the 60 days, the operator shall notify CalRecycle of such
						failure.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22232 - CIWMB-Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance. (T14:Section 18243,18295)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Within 10 days after commencement of a voluntary or involuntary proceeding
						under the Bankruptcy Code, Title
						11 U.S.C. sections
						101-1330 in which:
(1) The operator is named as debtor, the
						operator shall notify the CIWMB by certified mail of such
						commencement.
(2) A provider of
						financial assurance is named as debtor, such provider shall notify the
						operator, and the CIWMB certified mail of such
						commencement.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22234 - Calrecycle-Disbursements from Financial Mechanisms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22235 - CIWMB-Release of Financial Assurance Requirements. (T14:Section 18245,18298)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						After receiving and approving certification of closure from the operator as
						specified by §
												21880, the CIWMB shall notify the
						operator and the provider of financial assurance in writing, that he or she is
						no longer required to demonstrate financial responsibility for closure and
						third party operating liability claims, pursuant to this Chapter, at the
						particular disposal facility pursuant to this Article.
(b) When operational control of a disposal
						facility is transferred, the existing operator shall remain subject to the
						requirements of this Chapter until the new operator provides acceptable
						financial assurances to the CIWMB.
(c) When the CIWMB determines that an
						operator has completed postclosure maintenance in accordance with the
						applicable postclosure plan, the CIWMB shall notify the operator in writing
						that it is no longer required to maintain financial assurance for postclosure
						maintenance of the particular solid waste landfill pursuant to this
						Chapter.
(d) When the CIWMB
						releases an operator that is using a trust fund or a similar financial
						assurance mechanism in conjunction with an enterprise fund or government
						securities from the requirements of this Chapter, the CIWMB shall authorize the
						termination of the trust fund or the similar mechanism.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Sections
							 40502
							 and
							 43040,
							 Public Resources Code. Reference: Sections
							 43040,
							 43103
							 and
							 43500-
							 43610,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22236 - CIWMB-Annual Inflation Factor. (T14:Section 18272)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The operator shall submit, by June 1 of each year, a
						  report calculating the increase in the cost estimates for closure and/or
						  postclosure maintenance and/or corrective action due to the inflation factor
						  for the previous calendar year. The inflation factor is derived from the annual
						  Implicit Price Deflator for Gross National Product as published annually by the
						  U.S. Department of Commerce in its Survey of Current Business, which is
						  incorporated by reference. The inflation factor is the result of dividing the
						  latest annual published deflator by the deflator for the previous year. The
						  operator shall increase the monetary amount of the financial mechanism required
						  under this Chapter based upon this inflation factor. The mechanism may not be
						  decreased other than as a result of the closure and/or postclosure maintenance
						  and/or corrective action plan amendment process.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 40502,
							 Public Resources Code. Reference: Sections
							 43103
							 and
							 43501,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 1 - Calrecycle-General Requirements for Mechanisms › Section 22237 - CIWMB-Depository Trust Fund. (T14:Section 18296)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						CIWMB may require an operator using a letter of credit, a surety bond, or, as
						applicable, a financial assurance mechanism used in conjunction with an
						enterprise fund or with government securities, to establish a depository trust
						fund meeting the requirements of ¶(c) if:
(1) The operator fails to demonstrate
						alternate financial assurance within 60 days after receiving notice of
						cancellation of the mechanism; or
(2) The operator fails to perform closure or
						postclosure maintenance or corrective action in accordance with the applicable
						approved closure or postclosure maintenance plan and permit requirements or
						corrective action requirements of Article 1, Subchapter 3, Chapter 3 (§
													20380 et seq.), when required to
						do so by the CIWMB or RWQCB and, in the case of a performance bond, the surety
						company fails to perform such activities on behalf of the
						operator.
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 3 - Allowable Mechanisms › Article 2 - Calrecycle - Financial Assurance Mechanisms › Section 22240 - CalRecycle - Trust Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						trust fund shall have a trustee that is authorized to act as a trustee and
						whose trust operations are regulated and examined by a federal or state
						agency.
(b) The trust agreement
						shall be worded as specified by and established by using Form CalRecycle 100
						(03/17) which is incorporated by reference, with appropriate amendments to
						identify that the mechanism is utilized for closure and/or postclosure
						maintenance and/or third party operating liability and/or corrective
						action.
(c) If, at any time, the
						value of the trust fund is greater than the required amount of coverage minus
						the amount of coverage demonstrated by another mechanism, the operator may
						request in writing that CalRecycle authorize the release of the excess funds.
						CalRecycle shall review the request within 90 days of receipt of the request.
						If any excess funds are verified, CalRecycle shall instruct the trustee to
						release the funds.
1. New
						  article 2 (sections
						  22240-22254) and section filed
						  6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of
						  section heading and subsection (b) filed 2-25-2008; operative 2-25-2008
						  pursuant to Government Code section
						  11343.4
						  (Register 2008, No. 9).
3. Amendment of article heading filed
						  4-9-2010; operative 7-1-2010 (Register 2010, No. 15).
4. Change
						  without regulatory effect amending section heading, subsections (b)-(c) and
						  form CalRecycle (formerly CIWMB) 100 (incorporated by reference) filed
						  12-11-2017 pursuant to section
						  100, title 1, California Code of
						  Regulations (Register 2017, No. 50).
Note: Authority cited: Sections
							 40502
							 and
							 43040,
							 Public Resources Code. Reference: Section
							 43040,
							 43103
							 and
							 43500-
							 43610,
							 Public Resources Code.
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 3 - Allowable Mechanisms › Article 2 - Calrecycle - Financial Assurance Mechanisms › Section 22241 - CalRecycle - Enterprise Fund. (T14: section 18285)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						enterprise fund shall dedicate its revenue exclusively or with exclusive first
						priority to financing closure and/or postclosure maintenance and/or corrective
						action.
(b) Revenue generated by an
						enterprise fund shall be deposited into a financial assurance mechanism that
						the operator demonstrates, to the satisfaction of CalRecycle, meets the
						following requirements:
(1) The mechanism
						will provide equivalent protection to a trust fund in ensuring that the assured
						amount of funds shall be available in a timely manner for closure and/or
						postclosure maintenance and/or corrective action;
(2) The revenue deposited into the mechanism
						will be used exclusively to finance closure and/or postclosure maintenance
						and/or corrective action, as applicable, and will remain inviolate against all
						other claims, including any claims by the operator, the operator's governing
						body, and the creditors of the operator and its governing body;
(3) The mechanism authorizes CalRecycle to
						direct the provider of financial assurance to pay closure or postclosure
						maintenance or corrective action costs if CalRecycle determines that the
						operator has failed or is failing to perform closure or postclosure maintenance
						or corrective action activities, as applicable, as covered by the
						mechanism;
(4) The financial
						operations of the provider of the financial assurance are regulated by a
						federal or state agency, or the provider is otherwise certain to maintain and
						disburse the assured funds properly;
(5) If the provider of financial assurance
						has authority to invest revenue deposited into the mechanism, the provider
						shall exercise investment discretion similar to a trustee; and
(6) The mechanism meets other requirements
						that CalRecycle determines are needed to ensure that the assured amount of
						funds shall be available in a timely manner for closure and/or postclosure
						maintenance and/or corrective action.