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 4 - Development of Closure/Postclosure Maintenance Plans › Section 21860 - CIWMB-Schedules for Review and Approval of Closure and Postclosure Maintenance Plans. (T14:Section 18271)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 schedule for review and approval must conform to provisions of this section. An
					 alternative schedule may be proposed by the operator provided it complies with
					 applicable statute and the EA, RWQCB, and CIWMB concur.
(b) The CIWMB shall coordinate the review of
					 the closure and postclosure maintenance plans unless, on an individual plan
					 basis, the EA or RWQCB requests to be the coordinating agency and the other
					 reviewing agencies concur. The operator shall be notified in writing of the
					 alternative coordinating agency. The coordinating agency shall coordinate all
					 phases of the plan review and perform the duties as delineated in this section.
					 The coordinating agency shall be responsible for coordinating the resolution of
					 any conflicts among the reviewing agencies and to coordinate with the operator
					 to facilitate approval of the plans.
(c) Within 30 days of receipt, closure and
					 postclosure maintenance plans shall be deemed complete by default unless the
					 RWQCB, the EA, or the CIWMB determines and informs the operator that the plan
					 is incomplete pursuant to applicable CIWMB and SWRCB requirements. If
					 determined to be incomplete, the EA, the RWQCB, and the CIWMB shall provide to
					 each other and to the operator a list of specific items missing from the
					 submittal.
(d) If the closure and
					 postclosure maintenance plans is determined by the RWQCB, the EA, or the CIWMB
					 to be incomplete, the operator shall resubmit revised closure and postclosure
					 maintenance plans incorporating all items deemed to be missing from the prior
					 submittal within 60 days following such determination, unless the EA, the
					 RWQCB, and the CIWMB approve an alternate schedule.
(e) Within 120 days of receipt of complete
					 closure and postclosure maintenance plans, the EA, RWQCB, and CIWMB shall
					 complete a detailed review of the submittal, and the reviewing agencies shall
					 submit their comments to the coordinating agency. The complete closure and
					 postclosure maintenance plans shall be deemed approved by that agency unless,
					 within the specified timeframes (120 days for a reviewing agency, 130-days for
					 the coordinating agency), a reviewing or coordinating agency determines and
					 informs the operator that the plans cannot be approved because of lack of
					 compliance with applicable CIWMB or SWRCB requirements. Within 10 days of
					 receipt of the comments, the coordinating agency shall compile all comments and
					 forward them to them to the operator.
[
Note: As required by Water Code sections
						13263(f)
						and
						13264(a) and
						(a)(2), unless concurring without comment,
						the RWQCB must also convey the rejection or acceptance of the proposal directly
						to the owner/operator by the end of the 120-day review
						period.
]
(f) If the
					 closure and postclosure maintenance plans are disapproved by the EA, the RWQCB,
					 or the CIWMB, the operator shall resubmit revised closure and postclosure
					 maintenance plans that ensure compliance with applicable requirements, within
					 60 days following such determination, unless the EA, the RWQCB, and the CIWMB
					 approve an alternate schedule.
(g)
					 The procedures of subsections (e) and (f) shall be repeated until all comments
					 by the EA, RWQCB, and CIWMB have been adequately addressed, except the review
					 period specified in (e) shall be the greater of 60 days or the alternative
					 schedule approved in (f), but in no case shall be more than 120 days.
(h) Within 10 days after determining that the
					 closure and postclosure plans are in compliance with applicable requirements,
					 the EA and the RWQCB shall inform the CIWMB by letter that they have approved
					 the closure and postclosure maintenance plans. The RWQCB shall provide copies
					 of any WDR adopted or revised as a result of the review and approval
					 process.
(i) Within 10 days of
					 receipt of the approval letters from the EA and the RWQCB, the CIWMB shall
					 determine if an approval letter for the plans can be issued by the CIWMB. The
					 CIWMB shall not approve the plans if the CIWMB determines that the closure and
					 postclosure maintenance plans are not consistent with state minimum standards,
					 inadequate due to substantive deficiencies in the plan or in the financial
					 assurance mechanism, or the mechanism is not adequately funded for that point
					 in the landfill's life.
(j) If the
					 CIWMB does not approve the closure and postclosure maintenance plans, it shall
					 provide to the operator an explanation of its action and reasons for
					 disapproval and shall provide notice to the EA and the RWQCB.
1. New
						section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2.
						Amendment filed 2-25-2003; operative 2-25-2003 pursuant to Government Code
						section
						11343.4
						(Register 2003, No. 9).
Note: Authority cited: Section
						  40502,
						  Public Resources Code; and Section
						  66796.22(d),
						  Government Code. Reference: Sections
						  66796.22(b)
						  and
						  66796.22(d),
						  Government Code; and Sections
						  21080.5
						  and
						  43103,
						  Public Resources Code.