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 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 22242 - CalRecycle - Government Securities. (T14: section 18235, 18286)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						terms of issuance of government securities shall specify that proceeds from the
						sale of the securities shall be deposited into a financial assurance mechanism
						that meets the requirements of § (b).
(b) The securities shall have been issued and
						the proceeds already deposited into the financial assurance mechanism that
						provides equivalent protection to a trust fund by meeting the following
						requirements:
(1) Proceeds from the sale of
						securities shall be used exclusively and only as applicable, to:
(A) Pay costs of closure activities
						identified in the most recently approved closure plan; and/or
(B) Pay costs of postclosure maintenance
						identified in the most recently approved postclosure maintenance plan;
						and/or
(C) Pay claims by third
						parties for bodily injury and property damage caused by accidental occurrences;
						and/or
(D) Pay costs of corrective
						action activities in the most recently approved corrective action plan;
						and
(E) All funds shall 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;
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 22243 - CalRecycle - Letter of Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						institution issuing a letter of credit shall have the authority to issue
						letters of credit and its letter-of-credit operations shall be regulated and
						examined by a federal or state agency.
(b) The letter of credit shall be worded and
						completed, with appropriate amendments to identify that the mechanism is
						utilized for closure and/or postclosure maintenance and/or corrective action
						costs, as specified by form CalRecycle 101 (03/17) which is incorporated by
						reference. The original mechanism must be submitted to the CIWMB.
(c) The letter of credit shall be accompanied
						by a letter from the operator identifying the number, issuing institution, and
						date of issuance of the letter of credit and the name, address, solid waste
						information system number, and amount of funds assured by the letter of credit
						for closure and/or postclosure maintenance and/or corrective action for each
						solid waste landfill. If the letter of credit is for more than one coverage
						requirement and/or for more than one solid waste landfill, appropriate
						sublimits must also be clearly identified within the letter of
						credit.
(d) The letter of credit
						shall be irrevocable and shall be issued for a period of at least one year,
						except as noted in (d)(2).
(1) The letter of
						credit shall provide that the expiration date will be automatically extended
						for a period of at least one year, unless the issuing institution provides
						notice of termination as specified in §
													22231.
(2) If an operator fails to demonstrate
						alternate coverage within 60 days after receiving a notice of termination,
						CalRecycle may allow an issuing institution an extension to the term of a
						letter of credit for a period of time shorter than one
						year.
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 22244 - CalRecycle - Surety Bond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						status of the surety company issuing a surety bond shall be among those listed
						as holding certificates of authority as acceptable sureties on Federal bonds
						and as acceptable reinsuring companies in Circular 570 of the U.S. Department
						of the Treasury which is published on July 1 of each year in the Federal
						Register.
(b) The penal sum of the
						bond must be in an amount at least equal to the closure and/or postclosure
						and/or the corrective action cost estimate, except as provided in §
												22228.
(c) The surety bond shall be worded and
						completed as specified by one of the following forms, which shall be supplied
						by CalRecycle. The original mechanism must be submitted to CalRecycle:
(1) Form 102(a) ((03/17) CalRecycle) which is
						incorporated by reference, for a surety bond guaranteeing performance of
						closure; or
(2) Form 102(b)
						((03/17) CalRecycle) which is incorporated by reference, for a surety bond
						guaranteeing performance of postclosure maintenance; or
(3) Form 102(c) ((03/17) CalRecycle) which is
						incorporated by reference, for a surety bond guaranteeing performance of
						reasonably foreseeable and/or known corrective action activities; or
(4) Form 103(a) ((03/17) CalRecycle) which is
						incorporated by reference, for a surety bond guaranteeing payment of closure
						costs; or
(5) Form 103(b) ((03/17)
						CalRecycle) which is incorporated by reference, for a surety bond guaranteeing
						payment of postclosure maintenance costs; or
(6) Form 103(c) ((03/17) CalRecycle) which is
						incorporated by reference, for a surety bond guaranteeing payment of reasonably
						foreseeable and/or known corrective action costs.
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 22245 - CalRecycle - Pledge of Revenue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						pledge of revenue shall consist of a resolution by the governing body of the
						operator or provider of financial assurance authorizing an agreement between
						the operator or provider of financial assurance and CalRecycle to establish the
						pledge. The resolution and the agreement shall remain effective continuously
						throughout the period in which the pledge of revenue is used to satisfy the
						requirements of Subchapter 2 of this Chapter.
(b) The agreement establishing the pledge of
						revenue shall contain the following items:
(1) The types and sources of pledged
						revenue;
(2) The amount of revenue
						pledged from each source;
(3) The
						period of time that each source of revenue is pledged to be available;
						and
(4) The solid waste landfill(s)
						and the current postclosure and/or corrective action cost estimate(s) that are
						covered by the pledge.
(5) The
						authorization for CalRecycle to direct payment for postclosure maintenance
						and/or corrective action if CalRecycle determines that the operator has failed
						or is failing to perform postclosure maintenance or corrective action
						activities covered by the 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 2 - Calrecycle - Financial Assurance Mechanisms › Section 22246 - CalRecycle - Financial Means Test

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
						pass the financial means test, an operator or a guarantor shall be a private
						entity and shall meet the criteria of (d), (e), (f) or (g) based on
						independently audited year-end financial statements for the latest completed
						fiscal year.
(b) The phrase "amount
						of liability coverage to be demonstrated by the test" as used in (d) and (e)
						refers to the amount of liability coverage required by §
												22216.
(c) The phrase "current cost estimates
						covered by the test" as used in (f) and (g) refers to the current postclosure
						cost estimate required by (h)(1) to be shown in paragraphs 1 and 2 of the
						letter from the chief financial officer.
(d) To cover operating liability the operator
						or guarantor shall have:
(1) Net working
						capital and tangible net worth each at least six times the amount of liability
						coverage to be demonstrated by the test; and
(2) Tangible net worth of at least $15
						million; and
(3) Assets located in
						the United States amounting to at least 90 percent of its total assets or at
						least six times the amount of liability coverage to be demonstrated by the
						test.
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 22247 - CalRecycle - Guarantee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						guarantor shall be:
(1) A parent corporation
						of the operator;
(2) A firm whose
						parent corporation is also the parent corporation of the operator; or
(3) A firm engaged in a substantial business
						relationship with the operator and issuing the guarantee as an act incident to
						that business relationship.
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 22249 - CalRecycle - Local Government Financial Test

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
						pass the local government financial test, and to demonstrate financial
						responsibility for postclosure maintenance and/or corrective action costs, an
						operator or a guarantor shall be a local government agency and shall meet the
						criteria of (e), (f), (i) and (j) based on financial statements prepared in
						conformity with Generally Accepted Accounting Principles for governments and
						have its financial statements audited by an independent certified public
						accountant.
(b) A local government
						is not eligible to assure its obligations under §
												22249 if it:
(1) Is currently in default on any
						outstanding general obligation bonds, or
(2) Has any outstanding general obligation
						bonds rated lower than Baa as issued by Moody's or BBB as issued by Standard
						and Poor's, or
(3) Has operated at
						a deficit equal to five percent or more of total annual revenue in each of the
						past two fiscal years, or
(4)
						Receives an adverse opinion, disclaimer of opinion, or other qualified opinion
						from the independent certified public accountant auditing its financial
						statement as required by (a).
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 22249.5 - CalRecycle - Local Government Guarantee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						guarantor shall be a local government which meets the requirements of the Local
						Government Financial Test under §
												22249 of this Article based on the
						guarantor's audited year-end financial statements.
(b) The guarantee shall be worded and
						completed as specified by form CalRecycle 113 (03/17), which is incorporated by
						reference.
(c) When the guarantee
						specifies coverage for postclosure maintenance costs, the terms shall also
						specify:
(1) If the operator fails to perform
						postclosure maintenance in accordance with the applicable approved postclosure
						maintenance plan when required to do so, the guarantor shall either:
(A) Perform, or pay a third party to perform,
						postclosure maintenance in accordance with the applicable approved postclosure
						maintenance plan; or
(B) Establish
						and fund a trust fund as specified in §
														22240 of this Article, in the name
						of the operator in the amount of the applicable current postclosure maintenance
						cost estimate covered by the guarantee; and/or
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 22250 - CalRecycle - Federal Certification. (T14: section 18292)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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 22251 - CalRecycle - Liability Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						issuer of the insurance policy shall be an insurer that, at a minimum, is
						licensed by the California Department of Insurance to transact the business of
						insurance in the State of California as an admitted carrier.
(b) If coverage is not available as specified
						in (a), the operator may seek coverage by an insurer which, at a minimum, shall
						be eligible to provide insurance as an excess or surplus lines insurer in
						California.
(c) If coverage is
						obtained as described in (b), the insurance shall be transacted by and through
						a surplus line broker currently licensed under the regulations of the
						California Department of Insurance and upon the terms and conditions prescribed
						in the California Insurance Code (CIC), Division 1, Part 2, Chapter
						6.
(d) CalRecycle or its designee
						may object to the use of any insurer at anytime, whether before or after
						placement of coverage based on information obtained from, but not limited to,
						the Surplus Line Association of California, Best's Insurance Reports, and/or
						the Non-Admitted Insurers Quarterly List.
(e) Each insurance policy shall be either:
(1) Evidenced by a certificate of liability
						insurance established by using form CalRecycle 107 (03/17), which is
						incorporated by reference; or
(2)
						Amended and evidenced by a liability insurance endorsement established by using
						form CalRecycle 108 (03/17), which is incorporated by
						reference.
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 22252 - CalRecycle - Self-Insurance and Risk Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
						use the self-insurance and risk management mechanism an operator shall:
(1) Be a public entity;
(2) Be self-insured;
(3) Employ a risk manager;
(4) Have an active safety and loss prevention
						program that seeks to minimize the frequency and magnitude of third party
						damages caused by accidental occurrences and other self-insured
						losses;
(5) Have procedures for and
						a recent history of timely investigation and resolution of any claims for third
						party damages caused by accidental occurrences and other self-insured losses;
						and
(6) Satisfy any other
						reasonable conditions that CalRecycle determines are needed to ensure that the
						assured amount of funds shall be available in a timely
						manner.
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 22254 - CalRecycle - State Approved Mechanism. (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 obtaining any other
						mechanism that meets the following criteria, and that is approved by
						CalRecycle.
(1) The financial assurance
						mechanisms must ensure that the amount of funds assured is sufficient to cover
						the costs assured when needed;
(2)
						The financial assurance mechanisms must ensure that funds will be available in
						a timely fashion when needed;
(3)
						The financial assurance mechanism(s) must be obtained by the operator before
						the first waste is received at a new facility and before any other financial
						mechanism is cancelled at existing facilities. The financial mechanism must be
						maintained until the operator is released from the financial assurance
						requirements under this Chapter.
(4) The financial assurance mechanisms must
						be legally valid, binding and enforceable under State and Federal
						law.
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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22270 - Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All operators of disposal facilities shall be subject
						  to the requirements of this article, except state and federal operators.
1. New
						  division 2, subdivision
						  1, chapter 6, subchapter 4,
						  article 1 (sections
						  22270-22278) and section filed
						  6-3-97; operative 7-3-97 (Register 97, No. 23).
Note: Authority cited: Sections
							 40502,
							 43040
							 and
							 43601.5,
							 Public Resources Code. Reference: Sections
							 43040,
							 43500
							 through
							 43610.1,
							 Public Resources Code; and Title 40 Code of Federal Regulations, Section
							 258.70.
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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22271 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						"Degree of non-compliance" means the status of compliance of an operator with
						the financial assurance requirements. An operator is either:
1) partially out of compliance with the
						requirements ("Minor"); or
2)
						completely out of compliance with the requirements
						("Major").
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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22272 - Notice of Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						CIWMB shall send a written Notice of Violation to an operator violating the
						requirements of Articles 1, 2 and 3 of Subchapter 2 of this Chapter (commencing
						with section
						22205).
(b) The CIWMB shall send a copy of the Notice
						of Violation to the respective enforcement agency.
(c) The Notice of Violation shall:
1) describe the violation which CIWMB staff
						believe is occurring; and
2)
						describe the consequences of continued failure to comply or
						respond.
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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22273 - Issuance of Notice and Order and Stipulated Notice and Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
						an operator fails to respond to the Notice of Violation within the specified
						timeframe, the CIWMB shall draft and send a Notice and Order, as defined in
						Title 14, California Code of Regulations section
						18304, to the operator, and notify
						the local enforcement agency of the enforcement action.
(b) An operator shall respond to the CIWMB
						with evidence of compliance, or request an alternate schedule for compliance,
						within 10 working days from receipt of the Notice and Order.
(c) If an operator responds to the Notice and
						Order by offering partial compliance immediately, and full compliance over a
						period of time, which is acceptable to the CIWMB, the CIWMB may enter into a
						Stipulated Notice and Order with the operator.
(d) If an operator fails to conform with the
						compliance schedule within the specified timeframe as provided in the Notice
						and Order or Stipulated Notice and Order, further enforcement action may be
						taken by the CIWMB, as specified in the Notice and Order or Stipulated Notice
						and Order.
1. New
						  section filed 6-3-97; operative 7-3-97 (Register 97, No. 23).
Note: Authority cited: Sections
							 40502,
							 43040
							 and
							 43601.5,
							 Public Resources Code. Reference: Sections
							 43040,
							 43500
							 through
							 43610.1,
							 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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22274 - Compliance Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						CIWMB may consider compliance options other than imposing penalties, to assure
						adequate financing for closure and postclosure maintenance activities. The
						CIWMB may consider options that include, but are not limited to:
1) Placing restrictions on current financial
						assurance mechanism(s) being used by the operator such as, requiring more
						frequent reporting requirements.
2)
						Prohibiting use of current financial assurance mechanism(s) being used by the
						operator, and requiring the operator to establish an alternate mechanism as
						prescribed in section
						22228 of this
						Title.
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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22275 - Penalty Calculations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
						the CIWMB chooses to impose a penalty, the daily penalty shall equal an amount
						determined by the gravity-based matrix, in Table 1., using the degree of
						non-compliance and the potential for harm as the deciding factors, added to the
						economic benefit an operator receives from noncompliance with the regulations.
DEGREE OF NON-COMPLIANCE
Major
Minor
$10,000
$7,999
Major
to
to
$8,000
$5,000
POTENTIAL
FOR
$4,999
$1,999
HARM
Moderate
to
to
$2,000
$800
$799
$499
Minor
to
to
$500
$0
Table 1.
1)
						The economic benefit portion of a penalty, for lack of liability coverage,
						shall be based on a minimum annual premium for liability insurance, as
						identified by a CIWMB survey of the insurance industry. The premium is
						multiplied by the number of years an operator is out of compliance (rounded up
						to the next whole year if a partial year of noncompliance exists).
2) The economic benefit portion of a penalty,
						for lack of coverage for closure and/or postclosure maintenance costs shall be
						based on the current cost of a letter of credit or bond, as identified by a
						CIWMB survey of the banking industry or insurance industry, respectively. The
						cost for a letter of credit or bond is multiplied by the pro-rata factor for
						the length of time of non-compliance.
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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22276 - Processing and Collection of Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Processing and collection of civil penalties shall be
						  made by the CIWMB as provided in Public Resources Code, Division 30, Part 5,
						  Article 3. (commencing with section
						  45010).
1. New
						  section filed 6-3-97; operative 7-3-97 (Register 97, No. 23).
Note: Authority cited: Sections
							 40502,
							 43040
							 and
							 43601.5,
							 Public Resources Code. Reference: Sections
							 43040,
							 43500
							 through
							 43610.1,
							 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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22277 - Appeals Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any aggrieved person may appeal a Notice and Order by
						  the CIWMB, according to Public Resources Code, sections
						  45017
						  and
						  45030.
1. New
						  section filed 6-3-97; operative 7-3-97 (Register 97, No. 23).
Note: Authority cited: Sections
							 40502,
							 43040
							 and
							 43601.5,
							 Public Resources Code. Reference: Sections
							 43040,
							 43500
							 through
							 43610.1,
							 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 4 - Financial Assurances Enforcement Procedures › Article 1 - Solid Waste Facilities › Section 22278 - Continued or Recurring Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
						an operator pays an initial penalty but fails to correct the violation pursuant
						to Notice and Order, or has recurring violations within a three year period
						from the date of the preceding Notice of Violation:
1) the CIWMB may re-initiate the enforcement
						process;
2) the CIWMB may pursue
						action to revoke a permit, according to Public Resources Code Section
						43300,
						and/or pursue closure of the facility;
3) the CIWMB may pursue both 1 and 2
						above.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Section 22480 - SWRCB-Groups of Mining Waste. (C15: Section 2571)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Definition--Mining waste is waste from the mining and processing of ores and
						mineral commodities. Mining waste includes:
(1) overburden;
(2) natural geologic material which have been
						removed or relocated but have not been processed (waste rock); and
(3) the solid residues, sludges, and liquids
						from the processing of ores and mineral commodities.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Table 1.1 - Summary of Requirements for New and Existing Mining Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Type of
								  Requirement
New
								  Units
Existing
								  Units
Exemptions
Siting
(1) Not on Holocene faults; (2)
								  Outside of areas of rapid geologic change; (3) Peak streamflow protection as in
								  Table 1.2
Peak streamflow protection as in Table 1.2, as required by
								  RWQCBs.
New Units may be sited in areas of rapid geologic change if
								  containment structures designed and constructed to preclude failure.
Construction
(1) Liners or maximum
								  natural permeability as in Table 1.2;
Precipitation and drainage
								  controls.
(1) No liners or leachate collection and removal systems
								  required for Group C Units.
(2) Leachate collection and removal
								  system as in Table 1.3;
(2) New waste piles may be exempted
								  from liners and leachate collection and
(3) Precipitation and drainage
								  controls.
removal systems if it can be demonstrated that
								  leachate will not form or escape--contingency plan required, and additional
								  monitoring may be required.
Monitoring
(1) Ground water and surface
								  water;
None.
(2) Unsaturated zone monitoring as
								  feasible.
Closure and Post-Closure
								  Maintenance
Closed and maintained in accordance with §
															22510.
None.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Section 22490 - SWRCB-Mining Unit Siting and Construction Standards. (C15: Section 2572)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Proximity to Faults--New Mining Units:
(1) for
						Group A and B wastes, shall not be located on Holocene faults. Units for Group
						C wastes may be located on Holocene faults if displacement will not allow
						escape of wastes or cause irreparable damage to containment
						structures;
(2) shall be outside of
						areas of rapid geologic change. Exemptions may be allowed by the RWQCB if
						containment structures are designed and constructed to preclude
						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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Table 1.2 - Floodplain Siting Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Waste
								  Group
Waste Management
								  Unit
Existing
								  Units
1
New
								  Units
A
Waste Pile Surface Impoundment
								  Tailings Pond
Protect from 100-year peak streamflow
Outside
								  100-year floodplain
B
Waste Pile Surface
								  Impoundment Tailings Pond
Protect from 100-year
								  peak
streamflow
C
Waste Pile Surface
								  Impoundment Tailings Pond
Retrofit as needed to protect surface water
								  quality
Preclude increased sediment in surface
								  water2
1 As required by the RWQCB
								  pursuant §
															22470(a).
2 Mining wastes shall not
								  be placed in perennial, intermittent, or ephemeral stream channels unless
								  provision is made to divert runoff around the waste in a non-erosive manner.
								  Wastes shall not be placed where they can be eroded by streamflows or where
								  they can cause accelerated streambank erosion. Waste generated during seasonal
								  mining operations may be exempted from these requirements provided that
								  increased sediment in surface water is precluded.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Table 1.3 - Natural and Artificial Containment Features for Mining Units

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Waste
								  Group
Waste Management
								  Unit
Geologic
								  Setting
Liner(s) Hydr. Cond. Values
								  (Units: cm/sec)
Leachate
								  Collection and Removal System
A
Waste Pile
per §
															2531(b)(1) of
								  Title 23, OR single clay liner1
								  <1x10-7
required
Surface Impoundment or Tailings
								  Pond
not applicable
double liner, both
								  <1x10-7 outer: clay; Inner: clay or
								  synthetic
required(2)
B
Waste Pile
per §
															20250(b)(1) OR
								  single clay liner
<1x10-6 (1)
required
Surface Impoundment or
								  Tailings Pond
not applicable
double liner, both
								  <1x10-6 // outer: clay or natural
								  permeability(3); inner: clay or synthetic OR single
								  replaceable clay liner(4)
required(2)
C
Waste Pile, Surface
								  Impoundment, or Tailings Pond
not applicable
not
								  applicable
not applicable
(1) Synthetic liner may be used for
								  short-term containment [see §
															22490(f)(1)]
								  .
(2) Liner and leachate collection
								  and removal system for tailings pond must be able to withstand the ultimate
								  weight of wastes.
(3) Permeability of
								  <1x10-6 cm/sec or natural geologic materials may
								  replace outer liner of double liner system.
(4) Single clay liner
								  <(1x10-6 cm/sec) for surface impoundment, to be
								  removed before last 25 percent (minimum 1 foot thickness) of liner is
								  penetrated by fluid, including waste and leachate.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Section 22500 - SWRCB-Water Quality Monitoring for Mining Units. (C15: Section 2573)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						General--New and existing Group A and B Mining Units shall comply with the
						monitoring provisions contained in §
												20385 through §
												20430.
(b) Monitoring Mandatory--If a waste pile
						containing Group A or B mining wastes is granted exemption from construction
						requirements pursuant to §
												22470(b),
						monitoring of the waste moisture content shall be required.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Section 22510 - SWRCB-Closure and Post-Closure Maintenance of Mining Units. (C15: Section 2574)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Closure Performance Standard--New and existing Mining Units shall be closed so
						that they no longer pose a threat to water quality. No post-closure land uses
						shall be permitted that might impair the integrity of containment
						structures.
(b) Plan--Mining Units
						shall be closed according to an approved closure and post-closure maintenance
						plan which implements this section and provides for continued compliance with
						the applicable standards in this article for waste containment, precipitation
						and drainage controls, and monitoring throughout closure and the post-closure
						maintenance period.
(c)
						Reclamation--The RWQCB shall issue WDRs which incorporate the relevant
						provisions of an approved mining and reclamation plan (see California Surface
						Mining and Reclamation Act, Public Resources Code, Section
						2770,
						et seq.), prescribe additional conditions as necessary to prevent water quality
						degradation, and ensure that there will be no significant increase in the
						concentration of indicator parameters or waste constituents in ground or
						surface water, unless requirements are waived.
(d) Oversight & Monuments--Dischargers
						shall comply with the closure requirements given in §
												20950 (b & d).
(e) Inactive Units--Containment structures at
						inactive Mining Units shall be subject to the same standards as apply to an
						active Mining Unit under this article.
(f) Closure and Post-Closure Funding--The
						discharger shall provide for adequate funding to pay for the costs of closure
						and post-closure maintenance as required by this article. The discharger shall
						provide assurance of financial responsibility, acceptable to the RWQCB,
						pursuant to Chapter 6 of this title. The RWQCB shall periodically review
						financial assurances and shall modified them as necessary.
(g) Alternate Financial Assurance--If a lead
						agency acting under the authority of §
												2774(a)
						of the Public Resources Code requires assurances of financial responsibility,
						these assurances can be used to fulfill all comparable requirements under
						¶(f), 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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Figure 1.1 - Disposal Alternatives for Group a Wastes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						  here to view image
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Figure 1.2 - Disposal Alternatives for Group B Wastes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Click
						  here to view image
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 2 - Confined Animals › Article 1 - SWRCB-Confined Animal Facilities › Section 22560 - SWRCB - Applicability. (Ch-15: Section 2560)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						General--This article prescribes statewide minimum standards for discharges of
						animal waste at confined animal facilities. These standards shall either be
						implemented in any WDRs issued for a particular animal waste facility or shall
						be made a condition to the waiver of such requirements.
(b) ROWD--A discharger required to submit a
						report of waste discharge shall provide the following general information and
						shall report any material changes as defined in Section
						2210 of Title 23 of this code:
(1) average daily volume of facility
						wastewater and volume or weight of manure;
(2) total animal population at the facility,
						and types of animals;
(3) location
						and size of use or disposal fields and retention ponds, including animal
						capacity; and
(4) animal capacity
						of the facility.
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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 2 - Confined Animals › Article 1 - SWRCB-Confined Animal Facilities › Section 22561 - SWRCB - General Standard for Surface Water. (Ch-15: Section 2561)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The discharger shall prevent animals at a confined
						  animal facility from entering any surface water within the confined
						  area.
1. New
						  section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note: Authority cited: Section
							 1058, Water
							 Code. Reference: Sections
							 13140-
							 13147,
							 13260 and
							 13263, 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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 2 - Confined Animals › Article 1 - SWRCB-Confined Animal Facilities › Section 22562 - SWRCB - Wastewater Management. (C15: Section 2562)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Design Storm (for Run-On/Run-Off Control)--Confined animal facilities shall be
						designed and constructed to retain all facility wastewater generated, together
						with all precipitation on, and drainage through, manured areas during a
						25-year, 24-hour storm.
(b) Manured
						Area Run-On Exclusion--All precipitation and surface drainage outside of
						manured areas, including that collected from roofed areas, and runoff from
						tributary areas during the storm events described in ¶(a), shall be
						diverted away from manured areas, unless such drainage is fully retained.
						RWQCBs can waive application of such requirements only in specific instances
						where upstream land use changes have altered surface drainage patterns such
						that retention of flood flows is not feasible.
(c) Design Storm (for Flood Protection).
(1) Retention ponds and manured areas at
						confined animal facilities in operation on or after November 27, 1984, shall be
						protected from inundation or washout by overflow from any stream channel during
						20-year peak stream flows.
(2)
						Existing facilities that were in operation on-or-before November 27, 1984, and
						that are protected against 100-year peak stream flows must continue to provide
						such protection. Facilities, or portions thereof, which begin operating after
						November 27, 1984, shall be protected against 100-year peak stream
						flows.
(3) The determination of
						peak stream flows shall be from data provided by a recognized federal, state,
						local, or other agency.