To All Operators of Solid Waste Landfills:
This bulletin clarifies the requirements of Title 14, California Code of Regulations (CCR), Division 7, Chapter 5, Article 3.4, section 18262.3(a)(7) and Article 3.5, section 18282 as they pertain to disbursements from closure and postclosure maintenance funds. Closure and postclosure maintenance funds specifically refer to trust funds and enterprise funds. California Department of Resources Recycling and Recovery (CalRecycle) staff receive numerous inquiries regarding advance disbursement, reimbursement and excess disbursement from closure and/or postclosure maintenance funds.
The following are the procedures CalRecycle uses to process requests for disbursement of funds. Except for requests for excess disbursement, operators may request disbursements to conduct closure and postclosure maintenance activities only. CalRecycle staff will process requests efficiently and promptly.
Request for Advance Disbursement and Reimbursement
An operator must provide, as part of a final closure plan, a detailed schedule of disbursements to access closure monies from a closure and/or postclosure maintenance fund, in advance of or as reimbursement during closure activities.
Once CalRecycle approves a final closure plan, an operator may request disbursements from the closure fund in accordance with the approved disbursement schedule.
The schedule must identify:
- The amount of funds being disbursed
- The activities being completed and
- The anticipated disbursement date for each activity
Operators are required to submit quarterly reports to CalRecycle, on the status of closure activities specified in the final closure plans. CalRecycle staff will monitor closure activities by reviewing the quarterly reports and conducting periodic site visits.
Request for Excess Monies
An operator may request, in writing, from CalRecycle authorization to release excess monies from a closure and/or postclosure maintenance fund according to 14 CCR section 18284(c). Operators may make such a request if the value of the fund is greater than the required amount of coverage, and the preliminary or final closure and postclosure maintenance plans are approved by CalRecycle.
The request must be accompanied by an official statement of account, verifying the current balance of the fund. The statement must be sent to CalRecycle directly from the financial institution for a trust fund and directly from the auditor-controller or treasurer for an enterprise fund.
The FAS bulletins are designed to guide and assist operators of solid waste landfills to comply with state and federal statutory and regulatory financial assurance requirements. All operators are encouraged to contact the Financial Assurances Section to address a specific topic.