The following funding criteria and general definitions apply to the Solid Waste Disposal and Codisposal Site Cleanup Program (AB 2136):
- "CalRecycle" means the California Department of Resources
Recycling and Recovery.
- "Trust Fund" means the Solid Waste Disposal Site Cleanup Trust Fund in the State Treasury created by AB 2136.
- "Responsible Party (RP)" means:
a. an individual; trust; firm; joint stock company; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law, who is, or may be, responsible for carrying out, or paying for the costs of, site cleanup required to protect public health and safety or the environment as determined by the Local Enforcement Agency and CalRecycle.
b. the term "RP" may only be construed within the context of AB 2136 and shall not be interpreted under any other local, state, or federal statute.
- "RP is unable to pay" means:
a. RP does not currently, or in a time frame considered by CalRecycle to be reasonable for timely site remediation, have financial ability (as verified by independent audit, financial statements, or other documents acceptable to CalRecycle) to pay for costs of site cleanup needed to protect public health and safety or the environment, and has made reasonable efforts to raise funds for cleanup (e.g. increasing tipping fees above State average, assessing parcel fees), or
b. RP does not have the power or authority to perform required site cleanup.
- "RP is unwilling to pay" means:
a. RP has financial ability to pay for costs of site cleanup needed to protect public health and safety or the environment, has been issued an enforcement order (e.g., CalRecycle, Local Enforcement Agency, Regional Water Quality Control Board, Air Quality Management District, Court) to perform site cleanup, and has refused to comply with the order, or
b. RP has otherwise demonstrated unwillingness to pay.
- "RP cannot be identified" means RP cannot be identified or found after records search, investigation, and consultation with other enforcement agencies.
- "Illegal disposal site" means:
a. Unauthorized disposal (e.g. by roadside, on vacant property, etc.) of solid waste on a site to the extent that cleanup may be required to protect public health and safety or the environment, and
b. the site was never permitted or intended to be permitted as a solid waste disposal site, and was not exempt from obtaining a permit.
- "Abandoned site" means a site that has ceased accepting waste but is not closed pursuant to applicable statutes, regulations and local ordinances in effect at that
time, and for which an RP cannot be identified.
- "Closed site" means a solid waste disposal site that has ceased accepting waste and has documentation that closure was conducted in accordance with applicable
statutes, regulations, and local ordinances in effect at that time.
- "Orphan site" means any privately owned site, including an abandoned site, for which an RP cannot be identified, or an illegal disposal site or closed site where CalRecycle determines that the RP is unable or unwilling to pay for cleanup costs, or that
illegal disposal was not the fault, or beyond control, of the owner.
- "Repayment amount" means the amount expended by CalRecycle for cleanup, a reasonable amount for CalRecycle 's cost of contract administration, and an amount equal to the interest that would have been earned on the funds expended for cleanup.