This page provides guidance and resources to help applicants and local enforcement agencies (LEA) determine whether a proposed solid waste facility or major waste tire facility (MWTF) application and/or permit is consistent with financial assurance and operating liability requirements.
- Which types of facilities require this information as part of the permit application package?
- What are the application package submittal requirements?
- What are the processing requirements?
- What other resources are available?
Which types of facilities or permits require this information?
Any solid waste landfill or major waste tire facility (MWTF) required to obtain or maintain a new or revised full permit.
Financial assurance and operating liability information is required when:
- Submitting or processing a new or revised full permit or application.
- Processing a change in owner/operator.
- Processing a five-year permit review.
- Submitting a closure, postclosure maintenance, and/or corrective action plan.
Application requirements
A complete and correct permit application package shall include:
Financial Assurance Demonstrations — For disposal sites, current documentation of acceptable funding levels for the required and approved closure, postclosure maintenance, and corrective action financial assurance mechanisms must be provided in accordance with Chapter 6. Compliance with other closure, postclosure maintenance, and corrective action financial assurance requirements is also required (27 CCR section 21570(f)(7)).
Operating Liability Demonstrations — For disposal sites, current evidence of coverage in compliance with operating liability requirements under Chapter 6 (27 CCR section 21570(f)(8)).
The regulations require this information to assure:
- Proper closure of solid waste landfills.
- Proper post closure maintenance of solid waste landfills.
- Timely availability of funds for landfill closure and post closure maintenance.
- Corrective action for known or reasonably foreseeable releases at solid waste landfills.
- Availability of funds to properly close MWTF.
- Availability of funds for operating liability claims, for third party bodily injury and property damage, resulting from the operations of solid waste landfills and MWTF.
Visit the full permit page and the full permit list for information on other elements of the permit application package.
Processing requirements
Financial assurance information is required to be submitted to CalRecycle on an annual basis. However, due to the dynamic nature of financial assurance demonstrations, an adequacy determination made by CalRecycle may only be valid for 60 days or less — depending on the demonstration’s renewal date.
Operator’s Role
- Submits financial assurances and operating liability insurance demonstrations to the LEA and CalRecycle in conjunction with the permit application.
- Certifies that application package is complete and correct.
LEA’s Role
- Reviews application package.
- Accepts financial assurance and operating liability insurance demonstration as part of the permit application and forwards demonstrations to CalRecycle for review and for an adequacy determination.
- Responsible for submitting Financial Assurance Review Request Form (CalRecycle Form 217), to CalRecycle’s Financial Assurances Unit. The LEA may need to submit the review request form more than once during the permit process:
- First, at the time of receipt of the permit application.
- Second, if the FAU 60-day review determination period has expired at the time application package is determined to be complete and correct.
- Third, if the FAU 60-day review determination period has expired at the time the proposed permit is submitted to CalRecycle.
CalRecycle’s Role
- Permitting and Assistance staff will also submit the Review Request Form (CalRecycle Form 217):
- First, at the time of receipt of the proposed permit and
- Second, if the initial FAU 60-day review determination period has expired.
- FAU staff reviews financial assurance documentation for compliance with the regulatory requirements.
- The data collected is tracked in CalRecycle’s database (SWIS).
Resources
Laws (PRC) and Regulations (Title 27 CCR)
- PRC section 44009(c) — describes the reasons to object to a proposed permit (which includes financial assurance and operating liability information).
- PRC section 43040 — Financial responsibility.
- PRC section 43600-43610.1 — Financial ability.
- Title 27, Chapter 6 — Financial Assurances and Operating Liability requirements for Solid Waste Facilities and Waste Management Units.
Other Resources
- Financial Assurances Unit staff contact list.
- Financial Assurances webpage.
- Financial Assurances Review Request Form (CalRecycle Form 217)