LongTerm Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills

On December 15, 2009, the California Integrated Waste Management Board (now 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

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.