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 22233 - CIWMB-Record Keeping and Reporting. (T14:Section 18244,18297)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						operator shall maintain evidence of all financial assurance mechanisms until
						the operator is released from the requirements as specified in §
												22235. This evidence shall be
						maintained at each disposal facility, whenever possible, or at an alternate,
						designated location approved by the CIWMB and which is accessible to the
						operator, and available for CIWMB staff review.
(b) An operator shall maintain the following
						types of evidence, and an original or copy of each mechanism used to
						demonstrate financial responsibility under this Chapter and documentation of
						the estimated total permitted capacity of the solid waste landfill.
(1) Trust Fund. An operator using a trust
						fund shall maintain documentation of the remaining capacity filled during the
						past year for each disposal facility covered by the fund for each year of the
						buildup period and a copy of the trust agreement and statements verifying the
						current balance of the fund.
(2)
						Enterprise Fund. An operator using an enterprise fund shall maintain
						documentation of the remaining capacity filled during the past year for each
						disposal facility covered by the fund for each year of the buildup period and a
						copy of the following:
(A) All official
						resolutions, forms, letters, or other pertinent documents generated to
						establish the fund;
(B) The annual
						financial statements of the fund; and
(C) With respect to the financial assurance
						mechanism into which enterprise fund revenue is deposited:
1. Identify the disposal facilities and the
						current closure and/or postclosure costs estimate(s) and/or third party
						operating liability coverage requirement and/or corrective action cost
						estimate(s) covered by the mechanism;
2. Include a letter from an authorized
						officer of the institution maintaining the mechanism identifying the amount of
						coverage provided by the mechanism as of the date of its establishment and each
						anniversary date of establishment; and
3. Include a copy of the evidence documenting
						that the mechanism meets the requirements of §
															22241.
(3) Government Securities. An operator using
						government securities shall maintain a copy of the following:
(A) All official resolutions, forms, letters,
						or other pertinent documents generated to issue the securities;
(B) The terms of issuance of the securities;
						and
(C) With respect to the
						mechanism into which the funds generated by the issuance are deposited, the
						information listed in §
														22233(b)(2)(C)1,
						2 and
						3.
(4) Pledge of Revenue Agreement. An operator
						using a pledge of revenue shall do both of the following:
(A) Maintain a copy of the following:
1. All official resolutions, forms, letters,
						and other pertinent documentation generated to authorize the pledge of
						revenue;
2. The agreement between
						the CIWMB and the operator or provider of financial assurance as specified in
						§
															22245; and
3. Documentation that the pledged revenue
						will be available in a timely manner to pay postclosure maintenance
						costs.
(B) Submit to the
						CIWMB, at least annually in conjunction with the adjustment of cost estimates
						pursuant to §
														22236, a demonstration that the
						pledge is still in effect.
(5) Financial Means Test. An operator using a
						financial means test shall maintain a copy of the information specified in
						§
													22246.
(6) Guarantee. An operator using a guarantee
						shall maintain documentation of the guarantor's qualifications for providing a
						guarantee under §
													22246 and §
													22247.
(7) Closure and/or Postclosure Maintenance
						and/or Reasonably Foreseeable Corrective Action Costs Insurance. An operator
						using closure and/or postclosure maintenance and/or reasonably foreseeable
						corrective action costs insurance shall maintain a copy of the insurance
						certificate submitted to the CIWMB, the insurance policy and any endorsements
						thereon.
(8) Operating Liability
						Insurance. An operator using third party operating liability insurance shall
						maintain the original or a copy of the insurance policy in addition to the
						original or a copy of the liability insurance endorsement or the certificate of
						liability insurance.
(9)
						Self-Insurance and Risk Management. An operator using self-insurance and risk
						management shall maintain:
(A) The name and
						qualifications of the currently employed risk manager;
(B) Pertinent documents verifying the ongoing
						activity of the operator's safety and loss prevention program; and
(C) Pertinent documents showing procedures
						for timely investigation and resolution of any claims for third party damages
						caused by accidental occurrences and other self-insured
						losses.
(10) Insurance
						and Environmental Fund. An operator using the insurance and environmental fund
						shall maintain the original or a copy of the comprehensive general liability
						insurance coverage certification and a copy of the environmental liability fund
						agreement and statements verifying the current balance of the environmental
						liability fund. If self-insurance and risk management is utilized for the
						insurance coverage, documentation shall be maintained as identified in
						¶(9).
(11) Local Government
						Financial Test. An operator using a local government financial test shall
						maintain a copy of the information specified in §
													22249.
(12) Local Government Guarantee. An operator
						using a guarantee shall maintain, documentation of the guarantor's
						qualifications for providing a guarantee under §
													22249 and §
													22249.5.