Bulletin 6: Financial Assurances Review Request

Updated May 2011

To All LEAs and Operators of Solid Waste Landfills:

This bulletin updates and clarifies the process for obtaining information regarding closure, postclosure maintenance, corrective action and operating liability financial assurance data from the Financial Assurances Unit (FAU) of the California Department of Resources Recycling and Recovery (CalRecycle). Financial assurance information is an essential part of the permit and plan review process. To facilitate timely responses to requests, the FAU developed a specific form for obtaining this information.

Financial Assurances Review Request (FARR)

The FARR when completed, provides FAU staff with sufficient data to conduct a comprehensive evaluation of the financial assurance status for a facility. The FARR solicits information such as “Date Needed By”, “Applicable Review Clock Closing Date”, “Type of Facility”, “Permit Action”, “Closure Plan”, “Postclosure Maintenance Plan”, “Corrective Action Plan” and “Cost Estimates”. This information requested on the FARR is vital in determining the adequacy of a financial assurance demonstration.

Review Request Procedure

The request procedure was initiated to assist in FAU staff’s ability to respond in a timely manner to the requests of other CalRecycle staff and Regional Water Quality Control Board staff. Since the LEA is an integral part of the permit and plan review the LEAs are also included in this process.

It is important to remember that a financial assurance demonstration is initially approved and then monitored for adequacy. A determination made by FAU staff in one month on a financial assurance demonstration, may not be valid 30 days later. Financial assurance demonstrations are dynamic and thus require an evaluation each time there is a permit action or plan review. A FARR should be submitted to the FAU for each permit action or plan review for each facility.

The “Applicable Review Clock Closing Date” field (the date action is expected on a permit or plan) is an important part of the form. FAU staff conducting the review will accommodate the action date in their results. The length of time a FAU review is valid is based on many different factors. Each review is done on a case-by-case basis, and there may be reasons the results of a specific review are only valid for two weeks when another may be valid for 30 days, or longer. In any case, the written results of the FAU review will note the amount of time for which the review is valid.

The FARR may be submitted to FAU staff by mail, fax or email. An electronic version of the FARR is available, in addition to the five previous FAU bulletins issued to date. If you have any questions regarding the form or process mentioned above, please contact the FAU at (916) 341-6326.

The FAU bulletins are designed to guide and assist LEAs and operators of solid waste landfills to comply with state and federal statutory and regulatory financial assurance requirements.  All LEAs and operators are encouraged to contact the FAU to address a specific topic.

For more information contact: Solid Waste Facilities, PermitTrainingAssistance@calrecycle.ca.gov