LongTerm Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills
CalRecycle adopted revised regulations governing long-term postclosure maintenance, corrective action, and financial assurances for landfills.
- The regulations clarify and adjust the change of ownership requirements, permit application, permit review and permit processing requirements, the certification of closure requirement, and the closure cost estimate and postclosure maintenance plan and cost estimate components.
- The regulations also require reasonably foreseeable corrective action demonstrations to address non-water release-related exposures, clarify the disbursement and replenishment process for corrective action financial assurance, and define the required amounts of postclosure maintenance financial assurance demonstrations.
- The regulations also clarify and adjust requirements relating to existing financial assurance mechanisms, including cancellation or nonrenewal procedures and the insurance mechanism.
- Further, the regulations clarify the terms and conditions of two existing financial assurance forms (the Trust Agreement and Certificate of Insurance for Closure and/or Postclosure Maintenance and/or Reasonably Foreseeable Corrective Action) and create a new submittal form for an existing financial assurance demonstration (Pledge of Revenue Agreement).
The affected regulatory code sections include: amendments to California Code of Regulations, Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 5; Chapter 4, Subchapter 3 and Subchapter 4; Chapter 6, Subchapter 2 and Subchapter 3; forms CalRecycle 100 and CalRecycle 106, and the addition of Chapter 4, Subchapter 5 and form CalRecycle 114 to California Code of Regulations, Title 27, Division 2, Subdivision 1.
The Office of Administrative Law approved the regulations on April 9, 2010. The regulations became effective on July 1, 2010.
Guidance Documents
- FAQs: Answers to questions about implementing these regulations.
- Regulatory Guidance for 27 CCR Financial Assurance Compliance. Postclosure Maintenance. Step-Down Criteria-Proactive Monitoring: The purpose of this document is to provide guidance on the preparation and implementation of a proactive monitoring program (PMP). The implementation of a PMP may impact the level of financial assurance required of a landfill operator.
- Site-specific Non-water Release Corrective Action Plan
- Technical Guidance and FAQs for Site-specific Non-water Release Corrective Action Plans, February 2011
- Background Document on Best Management Practices (BMPs) for Site-specific Non-water Release Corrective Action Plans, December 2010
- Comments and Response to Comments Received on September 28, 2010 Discussion Draft of Best Management Practices (BMPs) for Site-specific Non-water Release Corrective Action Plans, December 2010
- Discussion Draft of BMPs for Site-specific Non-water Release Corrective Action Plans, September 28, 2010
Past Training
- February 2011: Annual LEA Conference session on corrective action and proactive monitoring (or other financial assurances issue).
- May 10, 2010: Two hour workshop/Webinar as a primer and review of major changes.
- To request a DVD or transcript of this event, please contact Loan Feher.
- Mid-May, 2010: LEA Roundtable presentations to seek additional questions and areas in need of clarification for future training or Web content.
- June 15, 2010: Two hour workshop/Webinar on proactive monitoring plans and cost estimating (Phase 1 and Phase 2).
- To request a CD or transcript of this event, please contact Loan Feher.
- Summer/Fall 2010: Permit Training; add financial assurances to permit checklist topics as part of the one-day, venue-based permit training.
- October 11, 2010: Two hour workshop/Webinar on non-water release corrective action.