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 Section: 21769
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 Section: 21805
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 Section: 21900

Subchapter 5

Regulations: Title 27, Environmental Protection--Division 2, Solid Waste

Chapter 4. Documentation and Reporting For Regulatory Tiers, Permits, WDRs, and Plans

Subchapter 4. Development of Closure/Postclosure Maintenance Plans

21769. SWRCB - Closure and Post-Closure Maintenance Plan Requirements. [C15: Section 2597 // T14: Section 17776, Section 17778(g), Section 18260, Section 18261.3(a)(2 & 7), Section 18262, Section 18263, Section 18264]

[Note: see also section 21790 et seq.]

(a) Scope, Applicability, & Purpose--The SWRCB-promulgated sections in this subchapter set forth the requirements for the discharger’s development and implementation of the preliminary and final closure and post-closure maintenance plans and for the RWQCB’s review and approval of such plans. The SWRCB-promulgated sections of this Subchapter apply to all dischargers who own or operate a Class II or Class III Unit that is subject to the SWRCB-promulgated requirements of this subdivision. The purpose of such plans is to ensure that:

(1) Performance Standards--the discharger will close the Unit, and will maintain the Unit during the post-closure maintenance period, in a manner that achieves applicable performance standards under section 20950(a)(2); and

(2) Funding--the discharger provides funds, through an acceptable financial mechanism, to achieve the goals of (a)(1).

(b) Preliminary Closure/Post-Closure Maintenance Plan.

(1) Purpose--The preliminary closure and post-closure maintenance plan for a Unit shall provide a reasonable estimate of the maximum expected cost that would be incurred at any time during the Unit’s projected life for a third party both to close the Unit and to carry out the first thirty years of post-closure maintenance, pursuant to all applicable SWRCB-promulgated requirements of this subdivision, including but not limited to the closure and post-closure requirements under Subchapter 5 of Chapter 3 (section 20950 et seq.).

(2) Contents--For Units not jointly regulated by the RWQCB and the CIWMB/EA, this information shall be included as an integrated or separable [e.g., separately bound] part of the ROWD under section 21710. For Units jointly regulated by both the RWQCB and the CIWMB/EA, this information shall be included as an integral or separable part of the JTD under section 21585. At a minimum, the plan shall include:

(A) Cost Analysis--a lump sum estimate of the cost of carrying out all actions necessary to close the Unit, to prepare detailed design specifications, to develop the final closure and post-closure maintenance plan, and to carry out the first thirty years of post-closure maintenance, pursuant to all applicable SWRCB-promulgated requirements of Subchapter 5 of Chapter 3 (section 20950 et seq.); and

(B) Map--a topographic map, drawn at appropriate scale and contour interval, and drawn to an appropriate level of detail, showing:

1. the boundaries of the Unit to be closed, including the proposed final limits of waste placement;

2. the boundaries of the facility; and

3. the boundaries of the waste received, if any, as of the date of the plan submittal;

4. the proposed final contours of the Unit and of its surrounding area; and

5. any changes in surface drainage patterns caused by the proposed final contours of the Unit and of its surrounding area, as compared to the preexisting natural drainage patterns.

(c) Final Closure/Post-Closure Maintenance Plan.

(1) Purpose--The purpose of the final closure and post-closure maintenance plan is:

(A) to provide, for review by the RWQCB, an accurate, detailed list and schedule of all actions necessary to close the Unit and to carry out post-closure maintenance in accordance with all applicable SWRCB-promulgated requirements of this subdivision, including but not limited to the closure and post-closure requirements under Subchapter 5 of Chapter 3 (section 20950 et seq.);

(B) to provide, for review by the RWQCB, an accurate estimate of the cost of achieving each action listed in the plan; and

(C) upon the plan’s being approved by the RWQCB, to provide an enforceable list and schedule of actions necessary for providing water quality protection at the Unit during the closure and post-closure maintenance periods.

(2) Contents--The final closure and post-closure maintenance plan for the Unit shall include at least the following information. For Units not jointly regulated by the RWQCB and the CIWMB/EA, this information shall be included as an integrated or separable [e.g., separately bound] part of the ROWD under section 21710. For Units jointly regulated by both the RWQCB and the CIWMB/EA, this information shall be included as an integral or separable part of the JTD under section 21585. Minimum plan contents shall include:

(A) Itemized Cost Analysis--a detailed itemized listing of all actions, and their associated costs, necessary to close the Unit and to carry out the first thirty years of post-closure maintenance, pursuant to all applicable SWRCB-promulgated requirements of Subchapter 5 of Chapter 3 (section 20950 et seq.);

(B) Closure Schedule--a proposed schedule for final closure including, where appropriate, for incremental closure (complete closure of successive portions of the landfill);

(C) Final Treatment Procedures--a description of any final treatment procedures which the discharger proposes to use for the wastes in each Unit, including methods for total removal and decontamination, if applicable. If the discharger is proposing alternative treatment or disposal procedures for particular Units (or, as appropriate, for the entire facility), the plan shall include a description of the alternatives;

(D) Map--a topographic map, drawn at appropriate scale and contour interval, and drawn to an appropriate level of detail, showing:

1. the boundaries of the Unit(s) to be closed and of the facility;

2. the projected final contours of the Unit and its surrounding area;

3. any changes in surface drainage patterns, as compared to the preexisting natural drainage patterns; and

4. the final limits of waste placement;

(E) Changes To Description Under Section 21750--a revised and updated submittal of any Unit characteristics of the closed Unit to the extent that they differ from the description provided by the discharger in the existing ROWD (under section 21750);

(F) Changes To Description Under Section 21760--a description of the following aspects of the closed Unit, to the extent that they differ from the description provided by the discharger under the Design Report and Operations Plan submitted pursuant to section 21760:

1. the design and the location of all features and systems which will provide waste containment during the post closure maintenance period;

2. the precipitation, drainage, and erosion control features;

3. the leachate control features and procedures at closed Units, including the design and operation of the LCRS;

4. a discussion, including a map, of ground water and unsaturated zone monitoring programs for the closure and post-closure maintenance periods, addressing the location, construction details, and rationale of all monitoring facilities;

(G) MSW--for MSW landfills only, all additional federal requirements incorporated by reference in SWRCB Resolution No. 93-62 for the protection of water quality [see sections 258.60(c-j), and sections 258.61(c)(3) and (e) of 40CFR258]; and

(H) Land Use of Closed Unit--the proposed post-closure land use of the disposal site and the surrounding area. If the Unit is to be used for purposes other than nonirrigated open space during the post closure maintenance period, the discharger shall submit a map showing all proposed structures, landscaping, and related features to be installed and maintained over the final landfill cover. This map shall be at a scale of 1" = 100', unless the RWQCB allows use of another scale that is more appropriate to a given Unit, and shall be accompanied by:

1. Water Balance Analysis--a description and quantification of water entering, leaving, and remaining on site from all sources to determine potential adverse impacts due to the proposed use, and corresponding mitigative design features and monitoring schemes that will ensure the physical and hydraulic integrity of the final cover in spite of the proposed post-closure land use;

2. Water Penetration Detection Method--detailed design plans and description(s) of the monitoring schemes, including any associated monitoring system(s), that will effectively detect penetration of the final cover by precipitation or applied irrigation waters; and

3. Final Cover Protection--for Units to be closed after July 18, 1997, a description of how the features described in (c)(2)(H) will be installed, operated, and maintained in a manner that does not jeopardize the performance of the final cover [see section 20950(a)(2)(A)].

(d) Plan Review and Approval--The RWQCB shall review and approve all preliminary and final closure and post-closure maintenance plans for all portions of the plans which are related to the protection of the waters of the state, including the associated CQA plan, for Class II Units and Class III landfills. For landfill Units jointly regulated by the RWQCB and the CIWMB/EA, the RWQCB’s review and approval of preliminary and final closure and post-closure maintenance plans shall follow the same schedule as for the development or revision of WDRs (see PRC section 43506). For landfills, the RWQCB shall review final closure and post-closure maintenance plans in coordination with the EA, pursuant to section 21585(b & c).

Note:

Authority cited:
Section 1058, Water Code.

Reference:
Section 13360, Water Code, and Sections 43103, 43506, 43509, and 43601, Public Resources Code.

21770. CIWMB - Scope and Applicability. (T14: Section 18250)

The CIWMB-promulgated sections in this Subchapter set forth requirements that are additional to the water quality protection requirements set forth in SWRCB-promulgated sections 20950, 21090, and 21769. Pursuant to section 20005, closure plan review should be coordinated as appropriate with other reviewing agencies.

(a) The CIWMB-promulgated sections of this Subchapter set forth the requirements for the development and approval of closure and postclosure maintenance plans and their implementation. The development of such plans is to ensure that a solid waste landfill will be closed in such a manner as to protect the public health, safety and the environment and to ensure that adequate resources will be available to properly accomplish closure and to maintain the landfill during postclosure maintenance period.

(b) The regulations contained in this Subchapter apply to all solid waste landfills required to be permitted pursuant to PRC section 44001 et seq. that were operating on or after January 1, 1988.

(c) The plans required by the CIWMB promulgated sections within this Subchapter shall include other pertinent facilities other than surface impoundments, waste piles, and LTUs regulated by the RWQCB located at the site of the solid waste landfill which are related to the disposal activities at the solid waste landfill.

(d) Closure and Postclosure Maintenance Plans shall be written plans to describe the closure of the entire landfill and maintenance requirements after closure in accordance with the requirements of the closure/postclosure standards of Article 2, Subchapter 5, Chapter 3 (section 21100 et seq.). The plan shall:

(1) Identify the steps necessary to close a solid waste landfill at the point in its active life when the extent and manner of operation would make closure the most expensive;

(2) Propose a closure that minimizes the extent of postclosure maintenance necessary while ensuring protection of public health and safety and the environment; and

(3) Provide a third party with specific tasks and cost estimates for the closure and postclosure of a solid waste landfill in the event that a third party must assume the responsibility for closure and/or postclosure maintenance.

Note:

Authority cited:
Sections 40502 and 40509, Public Resources Code.

Reference:
Sections 43020, 43021, 43103, 43501, 43509, 44001, 44002 Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.60 and 258.61.

21780. CIWMB - Submittal of Closure and Postclosure Maintenance Plans.

(a) Each submittal shall be certified by a registered civil engineer or a certified engineering geologist. Each submittal shall include:

(1) The preliminary or final closure and postclosure maintenance plans containing all of the elements specified under section 21790 through section 21840, as applicable.

(2) Updated or initial cost estimates for closure and postclosure activities to reflect the components and requirements under sections 21815, 21820 and 21840. Cost estimates shall be based on the current costs on a unit basis (unit costs) for closure and postclosure maintenance. Cost estimate adjustments based only on inflation factors are not acceptable.

(3) An updated demonstration of financial responsibility in accordance with Subchapter 2 of Chapter 6 (section 22205 et seq). This demonstration shall reflect the updated cost estimates for closure and postclosure activities required under (a)(2).

(b) The operator shall submit two copies of each document to the EA, the RWQCB, the CIWMB and the local air district. All drawings shall be submitted at an appropriate scale that clearly shows all pertinent features. The closure and postclosure maintenance plans shall be clearly marked "preliminary" or "final", depending on the status. For partial final closure, those sections submitted pursuant to section 21800, shall be clearly marked "partial final."

(c) Plans for complete site closure of a solid waste landfill shall be submitted in accordance with the following schedule:

(1) Preliminary closure and postclosure maintenance plans for existing solid waste landfills shall be submitted at the time of application for each SWFP review or revision. The plans shall be submitted as part of the JTD or as a separate document in the form of a distinct component of a JTD;

(2) Preliminary closure and postclosure maintenance plans for new landfills not operating prior to the effective date of the regulations shall be submitted as part of the JTD or as a separate document in the form of a distinct component of a JTD at or before the time of application for a SWFP. For the purposes of this Subchapter, lateral expansions of landfills are considered new municipal solid waste landfills.

(3) Final closure and postclosure maintenance plans for solid waste landfills shall be submitted two years prior to the anticipated date of closure. Within five years of the anticipated date of closure, the operator may submit the final closure and postclosure maintenance plans in lieu of submitting new or updated preliminary closure and postclosure maintenance plans.

(d) Partial final closure of a solid waste landfill shall be allowed in accordance with the following:

(1) For the complete closure of discrete units, partial final closure and postclosure maintenance plans shall be submitted for each unit 2 years prior to the anticipated date of closure of that discrete unit in accordance with section 21800 and 21830. Closure of such a discrete unit shall not commence until approval of the partial final closure and postclosure maintenance plans for that discrete unit. The specific closure details for each discrete unit shall be compatible with closure of the entire landfill; and

(2) For the implementation of any one or a combination of individual final closure activities, partial final closure and postclosure maintenance plans for the activities shall be approved before implementation of such closure activities.

(e) If immediate closure of a disposal site is necessary to protect public health and safety and the environment, closure plans shall be submitted in accordance with a schedule specified by the EA and concurred with by the RWQCB and CIWMB. If the RWQCB or CIWMB does not object to the schedule within 30 days of written notification by the EA, the schedule is deemed concurred with by that agency. An emergency corrective action plan may be required by the EA, to be submitted for approval by the EA. The emergency corrective action plan may be implemented prior to the submittal of the closure plan.

(f) If, at its own motion, an operator ceases accepting waste at a landfill prior to the anticipated closure date specified in the currently effective Solid Waste Facility Permit, and the operator does not intend to receive additional waste at the landfill, the operator shall submit final closure and postclosure maintenance plans in accordance with a schedule specified by the EA and concurred with by the RWQCB and CIWMB. If the RWQCB or CIWMB does not object to the schedule within 30 days of written notification by the EA, the schedule is deemed concurred with by that agency. In no case shall the schedule be longer than six (6) months from the date the operator ceased accepting waste at the landfill.

(g) The owner or operator of a MSWLF unit shall notify the EA that closure and postclosure maintenance plans have been prepared and placed in the operating record in accordance with 40 CFR 258.60(d) and 258.61(d).

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43020, 43021, 43022 and 43103, Public Resources Code.

21785. CIWMB - Labor Transition Plan.

(a) Each submittal of a final plan pursuant to section 21780(c)(3), (e), or (f) shall also include the submittal of a Labor Transition Plan (LTP) that includes all of the following:

(1) Provisions that ensure, subject to any requirements already established pursuant to a collective bargaining agreement, preferential reemployment and transfer rights of displaced employees to comparable available employment with the same employer for a period of no less than one year following the closure of the solid waste facility.

(2) Provisions to provide displaced employees assistance in finding comparable employment with other employers.

(3) Provisions to ensure compliance with all applicable provisions of Chapter 4 (commencing with section 1400) of Part 4 of Division 2 of the Labor Code.

(b) Each submittal of a LTP shall also include a certification that the provisions described in paragraphs (1) to (3), inclusive, of subdivision (a), will be implemented, subject to any requirements already established under a collective bargaining agreement.

(c) The LTP shall be submitted to the EA.

(d) The certification shall be submitted to the CIWMB and the EA.

(e) For the purposes of this section, "comparable employment" means the same or a substantially similar job classification at equal or greater wage and benefit levels in the same geographic region of the state.

(f) The provisions of this section do not apply to submittal of preliminary plans, partial final plans, revised final plans in the review process that have been accepted for filing prior to January 1, 2004, or to revisions of previously approved final plans. Cost estimates or financial assurances for implementation of the LTP are not required.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43501.5, Public Resources Code.

21790. CIWMB - Preliminary Closure Plan Contents.

(a) The purpose of the preliminary plan is to provide a basis for the operator to establish a preliminary estimate of closure costs certified for accuracy by a registered civil engineer or certified engineering geologist, and enable the CIWMB to assess the reasonableness of the cost estimate for non-water quality aspects of closure.

(b) The plan shall identify the steps necessary to perform either partial final closure, in accordance with section 21120, or complete landfill closure and shall include, but is not limited to, the following information:

(1) a closure cost estimate pursuant to sections 21815 and 21820;

(2) location maps indicating property boundaries and the existing, permitted, and proposed final limits of waste placement; entry roads; and structures outside the property boundary but within 1000 feet of the property boundary. A location map shall also be included showing the general location of the landfill;

(3) [Reserved];

(4) a location map of the current monitoring and control systems including: leachate control and drainage and erosion control systems as required pursuant to chapter 3 (section 20180 et seq.); landfill gas monitoring and control systems as required pursuant to chapter 3 (section 20180 et seq.);

(5) a description of proposed postclosure land uses;

(6) an estimate of the maximum extent of the landfill that will ever require closure at any given time during the life of the landfill;

(7) an estimate of the closure date based on volumetric calculations, including supporting documentation. The estimate shall account for the effects of settlement and for volume occupied by daily cover material; and

(8) a preliminary description of closure activities including schedules for implementation. The activities described shall include, but are not limited to:

(A) site security and structure removal pursuant to sections 21135 and 21137;

(B) final cover and grading pursuant to sections 21140 and 21142. The description shall include type of materials and estimate of the volume or amount needed of each type of material. If on site materials are planned for use in the final cover for the low permeability layer, test results confirming the suitability of such materials shall be included;

(C) construction quality assurance methods pursuant to sections 20323 & 20324;

(D) drainage and erosion control systems pursuant to section 21150;

(E) landfill gas monitoring and control systems pursuant to Article 6, Subchapter 4, Chapter 3 (section 20920 et seq.);

(F) leachate monitoring and control measures pursuant to section 21160.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43020, 43021 and 43103, Public Resources Code.

21800. CIWMB - Final Closure Plan Contents.

(a) The purpose of the final closure plan is to provide a basis for the operator to establish an accurate detailed estimate of closure costs certified for accuracy by a registered civil engineer or certified engineering geologist, enable the CIWMB to assess the reasonableness of the cost estimate for non-water quality aspects of closure, provide a detailed plan and schedule for the operator to implement upon closure of the landfill, and allow monitoring of closure activities to determine that all requirements of landfill closure have been implemented in accordance with the appropriate plan.

(b) Final closure plans for partial final closure (i.e. the complete closure of discrete units) shall conform to the requirements of this section. Final closure plans for partial closure (i.e. implementation of any one or a combination of individual final closure activities) shall conform to the requirements of this section as applicable.

(c) The final closure plan shall include, but is not limited to, a detailed description of each item contained in section 21790(b)(1) through (b)(8). In addition, the final closure plan shall include a detailed description of the sequence of closure stages, giving tentative implementation dates.

(d) The final closure plan shall also include a detailed schedule for disbursement of funds for closure activities.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43020, 43021 and 43103, Public Resources Code.

21805. Combined CIWMB and SWRCB Final Closure Plan Contents for Federal Subtitle D Research, Development, and Demonstration Permits.

The final closure plan shall describe how the facility will comply with section 20070 of Chapter 1 of this Division, if applicable, and include the specific variance(s) in criteria requested; project research goals; environmental monitoring, contingency and mitigation measures to be implemented for the project; and performance measures to determine to what extent the site is progressing in attaining project goals and protection of public health and safety and the environment. The description shall also include a summary and protocols for: 1. project controls to compare project performance with an equivalent or similar operation or activity not authorized by section 20070; 2. if applicable, processing of materials prior to placement in the MSWLF Unit at the facility; 3. potential accumulation of constituents of concern as defined in section 20164 of Chapter 1 of this Division; 4. if applicable, energy recovery; and 5. if applicable, impacts to postclosure maintenance. The description shall be incorporated in each applicable section of the final closure plan, in addition to a separate section describing the overall project.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 40053, 43020 and 43021, Public Resources Code.

21810. CIWMB - Final Closure Plan Contents for Clean Closure. (new)

[Note: see also the SWRCB’s clean closure requirements under section 21090(f)]

(a) The operator of a solid waste landfill may submit a closure plan for solid waste landfills that will be closed by removing solid wastes and contaminated soils (clean closure).

(b) The purpose of the plan for clean closure is to:

(1) establish a closure method for a disposal site that will partially or completely remove solid wastes and contaminated soils to provide remediation of a threat to public health and safety, reduce or eliminate the need for postclosure maintenance, prepare the site for postclosure land uses, or recover materials for recycling or reuse;

(2) provide a basis for the operator to establish an accurate detailed cost estimate for clean closure of the site; and

(3) provide a plan and schedule for the operator to implement at the time of closure.

(c) Each submittal shall be certified by a registered civil engineer or a certified engineering geologist. The minimum components of a plan for clean closure shall include, but not be limited to:

(1) a detailed implementation schedule for clean closure activities;

(2) a characterization of the site conditions to define the extent and character of wastes present and the levels and extent of any soil contamination;

(3) a description of the excavation and material management procedures to be followed;

(4) a description of health and safety procedures to be followed and specific measures to protect public health and safety during clean closure activities; and

(5) [Reserved].

(d) The plan for clean closure shall also include a detailed schedule for disbursement of funds for closure activities in accordance with section 21800(d).

(e) After clean closure activities are completed, a verification report confirming that waste and residual contaminated soils have been removed shall be prepared by a registered civil engineer or a certified engineering geologist and submitted for approval to the EA and the CIWMB. The report shall include the following information as appropriate:

(1) if the plan for clean closure was part of a remedial action, a description of any postclosure maintenance activities needed to comply with the implementation of the remedial action plan. In such cases the unit will not be deemed clean closed until completion of the corrective action.

(2) if all solid waste and contaminated soils are not removed, closure and postclosure maintenance plans and a financial assurances mechanism for closure and postclosure maintenance. Such a unit shall not be regarded as having been clean closed, see section 21090(f).

Note:

Authority cited:
Section 40502, Public Resources Code; and Section 66796.22(d), Government Code.

Reference:
Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021 and 43103, Public Resources Code.

21815. CIWMB - General Criteria for Cost Estimates.

(a) Cost estimates shall be based on costs the state may incur if the state would have to assume responsibility for the closure or postclosure maintenance due to the failure of the operator to properly and adequately perform any or all of those activities.

(b) Cost estimates shall include, but not be limited to,:

(1) Estimates in compliance with sections 1770, 1773, and 1773.1 of the Labor Code;

(2) California Department of Transportation (Caltrans) Labor Surcharge and Equipment Rental Rates; and

(3) Caltrans "Force Account Payment" included in section 9-1.03 of the Caltrans Standard Specifications (May 2006).

(c) An operator may propose and the CIWMB may accept alternative costs for those included in (b)(2) and (3) if the operator provides adequate justification for the use of alternative costs.

(d) Cost estimates shall be supported by adequate documentation to justify the estimates. This documentation shall be submitted with the estimate(s).

(e) Prior to the initiation of closure activities, the operator shall submit one of the following:

(1) a statement that the expected cost for closure construction (based on submitted contractor bids or other appropriate documentation) will be equal to or less than the cost estimate included in the approved final closure plan or

(2) a revised cost estimate that reflects the expected costs (based on submitted contractor bids or other appropriate documentation).

Note:

Authority cited:
Section 40502 and 43501, Public Resources Code.

Reference:
Sections 43020, 43021, 43103, and 43501, Public Resources Code.

21820. CalRecycle--Closure Cost Estimates.

(a) The operator shall provide a written cost estimate, in current dollars, of the cost of hiring a third party to close the landfill in accordance with the submitted closure plan. Cost estimates shall meet the following criteria:

(1) Cost estimates shall equal the cost of closing the landfill at the point in its active life when the extent and manner of operation would make closure the most expensive, as indicated by the closure plan;

(A) When closing units in phases, according to the requirements of partial closure, the estimate may account for closing only the maximum area or unit of a landfill open at any time, or

(B) If not closing units in phases pursuant to (a)(1)(A), the estimate shall account for the entire permitted landfill except for those areas certified closed by CalRecycle, RWQCB, and EA pursuant to section 21880.

(2) Cost estimates shall include the cost of activities necessary to close the site pursuant to (b). Closure cost estimates shall always be high enough to ensure that, if, at any time, the landfill had to begin to close, the cost of activities for closure would not exceed the cost estimate. To reflect the potential for premature closure, each cost estimate shall include all activities required for closure yet to be completed at the time of preparation of the estimate;

(3) Cost estimates shall include or reflect the design, materials, equipment, labor, administration and quality assurance necessary for closure;

(4) The total closure cost estimate shall be increased by a factor of 20% to account for cost over runs due to unforeseen circumstances, such as adverse weather conditions and inadequate site characterization, which would result in increased closure costs. The operator may apply to CalRecycle for, and CalRecycle may approve, a contingency percentage of less than 20% at the time that the final closure plan is approved, provided that CalRecycle finds that a lesser percentage will provide acceptable coverage of potential cost overruns;

(5) The operator shall increase the closure cost estimate when changes to the plan or at the landfill increase the cost of closure; and

(6) The operator may reduce the closure cost estimate when changes to the plan or at the landfill decrease the costs of closure. The request for reduction shall be submitted to CalRecycle for approval.

(b) Closure cost estimates shall include, but are not limited to, the following information:

(1) If the documents are preliminary closure and postclosure maintenance plans, an estimate of the cost of developing final closure and postclosure maintenance plans;

(2) an estimate of the cost to prepare plans and specifications, bidding documents, and other construction related documents; and

(3) an estimate of the cost of closure activities including schedules for implementation activities. The activities described shall include, but are not limited to, an estimate of the cost:

(A) to install or upgrade site security;

(B) for structure removal;

(C) to install or upgrade the monitoring and control systems, including landfill gas, leachate, and ground water systems if one or more of these systems is required by CalRecycle, RWQCB, or EA.

(D) to install the final cover; and

(E) to install or upgrade drainage and erosion control systems.

Note:

Authority cited: Section 40502, Public Resources Code. 

Reference: Sections 43020, 43021 and 43103, Public Resources Code.

21825. CIWMB - Preliminary Postclosure Maintenance Plan Contents.

(a) The purpose of the preliminary postclosure maintenance plan is to provide a basis for the operator to establish a preliminary estimate of postclosure monitoring, maintenance, and inspection costs certified for accuracy by a registered civil engineer or certified engineering geologist, and enable the CIWMB to assess the reasonableness of the cost estimate.

(b) The preliminary postclosure maintenance plan shall include, but is not limited to the following information:

(1) a description of the planned uses of the property during the postclosure maintenance period in accordance with section 21190;

(2) a preliminary description of the methods, procedures, and processes that will be used to maintain, monitor and inspect the closed landfill during the postclosure maintenance period to comply with section 21180; and

(3) a postclosure maintenance cost estimate pursuant to section 21815 and 21840.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43020, 43021 and 43103, Public Resources Code.

21830. CIWMB - Final Postclosure Maintenance Plan Contents.

(a) The purpose of the final postclosure maintenance plan is to provide a basis for the operator to establish an accurate detailed cost estimate certified for accuracy by a registered civil engineer or certified engineering geologist, enable the CIWMB to assess the reasonableness of the cost estimate, and provide a detailed plan for the inspection, maintenance, and monitoring of the landfill during the postclosure maintenance period.

(b) The final postclosure maintenance plan shall include, but is not limited to, the following information:

(1) the emergency response plan as required by section 21130 of Chapter 3, Subchapter 5;

(2) the persons or companies responsible for each aspect of postclosure maintenance, and their addresses and telephone numbers;

(3) a description of the planned uses of the property during the postclosure maintenance period in accordance with section 21190 of Chapter 3, Subchapter 5;

(4) an as built description of the current monitoring and control systems at the landfill including a detailed description of any proposed changes to be implemented as part of closure. This description shall be kept current throughout the postclosure maintenance period;

(5) a detailed description of the methods, procedures and processes that will be used to maintain, monitor and inspect the closed landfill during the postclosure maintenance period to comply with section 21180 of Chapter 3, Subchapter 5;

(6) an operations and maintenance plan for the gas control system;

(7) a summary of the requirements for reporting the results of monitoring and collection, pursuant to section 21180 of chapter 3, Subchapter 5; and

(8) the postclosure maintenance cost estimates pursuant to sections 21815 and 21840 of this Subchapter.

Note:

Authority cited: Section 40502, Public Resources Code.

Reference: Sections 43020, 43021 and 43103, Public Resources Code.

21835. Combined CIWMB and SWRCB Final Postclosure Maintenance Plan Contents for Federal Subtitle D Research, Development, and Demonstration Permits.

The final postclosure maintenance plan shall describe how the facility will comply with section 20070 of Chapter 1 of this Division, if applicable, and include the specific variance(s) in criteria requested; project research goals; environmental monitoring, contingency and mitigation measures to be implemented for the project; and performance measures to determine to what extent the site is progressing in attaining project goals and protection of public health and safety and the environment. The description shall also include a summary and protocols for: 1. project controls to compare project performance with an equivalent or similar operation or activity not authorized by section 20070; 2. if applicable, processing of materials prior to placement in the MSWLF Unit at the facility; 3. potential accumulation of constituents of concern as defined in section 20164 of Chapter 1 of this Division; 4. if applicable, energy recovery; and 5. if applicable, impacts to postclosure maintenance. The description shall be incorporated in each applicable section of the JTD, in addition to a separate section describing the overall project.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 40053, 43020 and 43021, Public Resources Code.

21840. CalRecycle - Postclosure Maintenance Cost Estimates.

(a) The operator shall provide a written estimate, in current dollars, of the cost of hiring a third party to maintain, monitor, and inspect the closed landfill in accordance with the postclosure maintenance plan requirements. Cost estimates shall be subject to the following requirements:

(1) Cost estimates shall be based on the activities described in the postclosure maintenance plan and account for postclosure maintenance of the entire landfill;

(A) Cost estimates shall be based on the current monitoring and maintenance requirements. Cost estimates shall not anticipate future reductions in maintenance and/or monitoring.

(2) Cost estimates shall be of sufficient detail to identify the maintenance costs, repair costs, and replacement costs throughout the postclosure maintenance of the landfill;

(3) The cost estimate shall be the annualized cost of maintenance and monitoring during the postclosure period as delineated in the postclosure maintenance plan; and

(A) Cost estimates for those maintenance and monitoring activities which occur less frequently than annually shall be prorated to an annual cost. The expected recurrence period shall be specified in the postclosure maintenance plan; and

(i) Cost estimates for those maintenance and monitoring activities which occur less frequently than every 30 years shall be calculated as occurring every 30 years;

(4) The operator shall modify the postclosure cost estimate, in accordance with section 21865 of this Subchapter, when changes in the plan or landfill conditions indicate an increase or decrease in postclosure maintenance costs. Requests for modifications shall be submitted to CalRecycle for approval.

(b) Postclosure maintenance plans shall include a detailed estimate of the annual costs for postclosure monitoring and maintenance, including the following:

(1) site security pursuant to section 21135;

(2) maintenance and integrity of the final cover including material acquisition, labor, and placement for repair of the final cover as required due to the effects of settlement, slope failure, or erosion;

(3) maintenance of vegetation including fertilization, irrigation and irrigation system maintenance;

(4) monitoring, operation and maintenance of the environmental monitoring and control systems, including, but not limited to, the landfill gas, leachate, and ground water systems;

(5) maintenance of the drainage and erosion control systems including clearing materials blocking drainage conveyances and repairing drains, levees, dikes and protective berms.

Note:

Authority cited:
Section 40502, 40508, and Public Resources Code.

Reference:
Sections 40508, 43020, 43021, 43103, 43501 and 43509, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.72.

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

(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 alternate 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 are 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 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 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.

Note:

Authority cited:
Section 40502, Public Resources Code; and Section 66796.22(d), Government Code.

Reference:
Section 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5 and 43103, Public Resources Code.

21865. CalRecycle - Amendment of Closure and Postclosure Maintenance Plans.

(a) Closure and postclosure maintenance plans shall be submitted every time a review or revision of the SWFP is conducted. If there have been no changes requiring an amendment under the (c) criteria, a statement certified by a registered civil engineer or certified engineering geologist that there have been no changes may be submitted in lieu of submitting plans.

(1) For disposal sites without a solid waste facilities permit, the operator shall initially submit updated plans in accordance with the following schedule;

(A) If the approval of Certification of Closure pursuant to section 21880 occurred on or after January 1, 1988 but prior to January 1, 1997, the operator shall submit updated plans on or before July 1, 2012;

(B) If the approval of Certification of Closure pursuant to section 21880 occurred on or after January 1, 1997 but prior to January 1, 2001, the operator shall submit updated plans on or before July 1, 2013;

(C) If the approval of Certification of Closure pursuant to section 21880 occurred on or after January 1, 2001 or if the operator has initiated closure activities on or before February 25, 2003, but has not received approval of Certification of Closure pursuant to section 21880, the operator shall submit updated plans on or before July 1, 2014.

(2) After complying with (1), the operator shall submit updated plans at least once every five years.

(b) The plans shall be submitted as part of the JTD or a separate document in the form of a distinct component of a JTD. The form of submittal shall be as amendments to the existing plans as necessary. Submittal shall be in accordance with section 21780. The evaluation and approval of the plans shall be as specified under section 21860.

(c) The plans shall be amended to reflect the following:

(1) Any change in

(A) Operation or solid waste landfill design which would affect the implementation of the closure and/or postclosure maintenance plans;

(B) The anticipated year of closure;

(C) The financial mechanism required pursuant to section 22227, "Substitution of Mechanisms" or section 22231, "Cancellation or Nonrenewal by a Provider of Financial Assurance"; and

(2) Updates of the cost estimates shall be based on the current costs on a unit basis (unit costs) for closure and postclosure maintenance. Cost estimate adjustments based only on inflation are not acceptable.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Section 43103, 43505 and 43509, Public Resources Code.

21870. CIWMB - Implementation of Closure Plan. (new)

(a) Closure Plan implementation shall adhere to the schedules specified in sections 21800 and 21810.

(b) Closure, partial final closure, and partial closure activities shall not commence until there is an approved closure and postclosure maintenance plan for the solid waste landfill.

(c) Closure, partial final closure, and partial closure activities shall be conducted pursuant to the approved closure and postclosure maintenance plan.

(d) The EA shall be responsible for ongoing inspections of closure activities and for approval of minor changes from the specifications contained in the approved closure plan. The EA inspections shall be no less than quarterly pursuant to 14 CCR section 18083. The CIWMB shall inspect closure activities as necessary to authorize release of financial assurances and shall upon concurrence with the EA and RWQCB approve significant changes from the specifications contained in the approved closure plan. If the RWQCB or EA does not object to the change(s) within 30 days of notification by the CIWMB and the change does not conflict with WDRs or any other order issued by the RWQCB, the change is deemed concurred with by that agency.

(e)

(1) The final or partial final closure and postclosure maintenance plans shall be considered as a Report of Facility Information Amendment pursuant to section 21665. The final closure and postclosure maintenance plans shall be considered the application package required by section 21665(a).

(2) The SWFP shall be deemed to incorporate by reference, as terms and conditions of the permit, the provisions of the final or partial final closure and postclosure maintenance plans and all applicable standards set forth in Chapter 3 - Criteria for All Waste Management Units, Facilities, and Disposal Sites.

(3) No later than upon approval of the Certification of Closure, the EA shall update the permit pursuant to the procedures specified under section 21670. This update takes the place of a permit review under sections 21620 or 21640.

Note:

Authority cited:
Section 40502, Public Resources Code; and Section 66796.22(d), Government Code.

Reference:
Section 66796.22(d), Government Code; and Section 43103, Public Resources Code.

21880. CalRecycle - Certification of Closure.

(a) The operator shall submit to CalRecycle, the EA, and the RWQCB for approval a certification, under penalty of perjury, that the solid waste landfill has been closed in accordance with the approved final closure plan.

(1) The certification submittal shall also include the as-built costs of closure in the same arrangement and sequence as the estimated costs of closure included in the approved final closure plan.

(b) The certification shall be completed by a registered civil engineer or certified engineering geologist and include a report with supporting documentation. The report shall include a Final Construction Quality Assurance (CQA) report pursuant to section 20323 and section 20324 et seq. and any other documentation as necessary to support the certification. The certification, Final CQA report and any other documentation as necessary to support the certification shall be incorporated into the approved postclosure maintenance plan.

(c) The certification shall be submitted within 180 days of the completion of closure construction activities unless CalRecycle, EA, and RWQCB approve an alternate schedule.

(d) Within 120 days of receipt of the certification, CalRecycle, RWQCB, and EA shall complete a detailed review of the submittal and submit their comments to the operator.

(e) If the certification is not approved by CalRecycle, RWQCB, or EA, the operator shall submit a revised certification within 60 days following such determination unless CalRecycle, RWQCB, and EA approve an alternate schedule.

(f) Once the certification has been approved by CalRecycle, RWQCB, and the EA, CalRecycle shall release the operator from the financial mechanism for closure. CalRecycle shall notify the local planning agency of this determination.

(g) On the day that the certification of closure is approved, the solid waste landfill shall be considered closed and in postclosure maintenance.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43020, 43021, 43103 and 44006, Public Resources Code.

21890. CIWMB - Revision of Approved Plans For Closure and Postclosure Maintenance. (T14: Section 18276)

(a) The operator shall adhere to the final closure and postclosure maintenance plans approved pursuant to section 21860. Significant changes to the closure and postclosure maintenance plans, after approval of the final plan, shall upon concurrence with the EA be approved by the CIWMB, and the RWQCB.

(b) Postclosure maintenance plans may be revised during the postclosure maintenance period upon concurrence with the EA and approval by the CIWMB, and the RWQCB.

Note:

Authority cited:
Section 40502, Public Resources Code; and Section 66796.22(d), Government Code.

Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 43103 and 44006, Public Resources Code.

21900. CIWMB - Release From Postclosure Maintenance. (T14: Section 18277)

(a) The operator of a solid waste landfill may be released from postclosure, after a minimum period of thirty (30) years upon demonstration to and approval by the CIWMB, the EA, and the RWQCB that the solid waste landfill no longer poses a threat to the public health and safety and the environment.

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code.

Reference:
Section 66796.22(d), Government Code; and Sections 43103, Public Resources Code.

 

Last updated: February 13, 2014


Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066