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 3 - Criteria for All Waste Management Units, Facilities, and Disposal Sites › Subchapter 5 - Closure and Post-Closure Maintenance › Article 2 - Closure and Post-Closure Maintenance Standards for Disposal Sites and Landfills › Section 21110 - CIWMB-Time Frames for Closure. (T14:Section 17763, Parts of Section 17258.60 and 17258.61)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Within thirty (30) days of receipt of the final shipment of waste to a discrete
						unit or if the entire disposal site has reached permitted capacity, the
						operator shall begin implementation of the closure schedule as specified in the
						approved closure plan.
(b)
(1) If a solid waste landfill that has
						remaining permitted capacity is inactive for 12 consecutive months, the
						operator shall begin closure activities in accordance with the time frames
						specified in the closure plan unless granted an extension pursuant to
						¶(b)(3).
(2) If the average
						annual waste disposal rate to a solid waste landfill is reduced for two
						consecutive years to a rate equal to or less than thirty (30) percent of the
						average annual tonnage rate during the previous ten years (exclusive of the
						minimum and maximum tonnage years), the operator shall begin closure activities
						in accordance with the time frames specified in the closure plan unless granted
						an extension pursuant to ¶(b)(3).
(3) Extensions beyond the deadline for
						beginning closure may be approved by the EA, for up to five years at a time, if
						all of the following conditions are met:
(A)
						The operator demonstrates that the landfill has the capacity to receive
						additional wastes and is likely to receive additional wastes;
(B) The operator demonstrates that the
						reduction in disposal tonnage is for a purpose other than the avoidance or
						delay of closure;
(C) The operator
						has taken and will continue to take the steps necessary to prevent threats to
						public health and safety and the environment from the unclosed
						landfill;
(D) CIWMB concurs with
						the EA-approved extension.
(4)
(A) The
						operator applying for an extension shall apply for a closure timeline extension
						at least 120 days prior to the anticipated date that the landfill waste flow
						rate will meet the limits specified in ¶(b)(1) or ¶(b)(2)
						above.
(B) Should the landfill
						waste flow rate unexpectedly meet the limits specified in ¶(b)(1) or
						¶(b)(2) above, the operator shall apply for a closure timeline extension
						within 60 days of the date that the landfill waste flow rate meets the limits
						specified in ¶(b)(1) or ¶(b)(2) above.
(C) The application shall include, at a
						minimum, information that demonstrates compliance with the criteria in
						¶(b)(3) and shall contain any additional information required by the
						EA.
(5)
(A) The EA shall act upon the time extension
						request by approving, denying, or requesting additional information within 60
						days of receipt of the application. If the EA does not act upon the request
						within 60 days, the request will be deemed to have been approved.
(B) The CIWMB shall act upon the time
						extension request by concurring, denying, or requesting additional information
						within 60 days of written notification of the EA's approval. If the CIWMB does
						not act upon the request within 60 days, the request will deemed to have been
						concurred with.
(C) If the EA or
						CIWMB denies an extension request, such denial shall be based on a written
						finding that:
(i) One or more of the
						conditions in §
															21110(b)(3) have
						not been met; or
(ii) Approval of
						the extension request would result in significant adverse impacts to public
						health and safety or the environment in contravention of the CIWMB's statutes
						and regulations.
(6) Within 30 days of receiving a closure
						timeline extension, the operator shall submit an application for permit review,
						pursuant to §
													21640, to the EA. If the EA
						determines that a revised SWFP is required, the revised SWFP may include
						additional and/or revised conditions requiring, but not limited to, partial
						closure, enhanced intermediate cover, or other operational conditions based on
						the reduced waste flow rate and in consideration of the need for additional
						environmental protections beyond the existing permit conditions.
(7) If a time extension is not approved, the
						operator shall begin implementation of closure schedule as specified in the
						approved closure plan within 30 days following receipt of the decision of the
						EA or CIWMB.
(8) An operator of a
						landfill which meets the waste flow levels specified in ¶(b)(1) and
						¶(b)(2) does not need to request an extension from closure provided both
						of the following conditions are met:
(A) The
						operator submits a final closure and postclosure maintenance plan within six
						(6) months of the effective date of the regulation and
(B) The operator permanently ceases accepting
						waste at the landfill within two (2) years of the effective date of the
						regulation.
(9)
						Subsections (b)(1)-(8) apply to the entire solid waste landfill and not to
						individual discrete units.