To All Operators of Solid Waste Landfills:
The following information is to clarify the requirements of Title 27 California Code of Regulations (CCR) section 22234. regarding disbursements from closure, postclosure maintenance, or corrective action funds. These specifically refer to trust fund and enterprise fund mechanisms.
Request for Advance Disbursement and Reimbursement
The disbursement requirements outlined in the law (27 CCR section 22234) require that an operator have an approved final closure plan for an authorization of disbursement of funds. The final closure plan must include a detailed schedule for disbursement of funds for closure activities.
Once CalRecycle approves the final closure plan, an operator may send a written request for disbursements from CalRecycle for closure, postclosure maintenance, and corrective action activities in advance of the activities or as reimbursement for activities completed (according to 27 CCR section 22234).
Requests for disbursement will be granted if sufficient funds remain in the financial mechanism(s) to cover the remaining costs of closure, postclosure maintenance, or corrective action, and if justification and documentation is presented to CalRecycle for review and approval in conjunction with approved final closure and postclosure maintenance plans or an approved corrective action plan.
For a corrective action financial mechanism, the owner and operator have provided documentation satisfactory to CalRecycle that they are financially unable to conduct the corrective action activities without receiving a disbursement from the financial mechanism, according to 27 CCR section 22234(a)(3).
A written request for disbursement must the amount of funds being requested and the activities being completed, as outlined in the approved final closure plan.
Request for Disbursements from Financial Assurance Mechanisms
CalRecycle uses the following procedures to process requests for disbursement of funds:
- Review all financial mechanisms to ensure adequacy and verify sufficient funds remain to cover the remaining closure, postclosure maintenance, and corrective action costs.
- Coordinate with the applicable regulatory agencies to verify there are no outstanding compliance issues or violations.
- Issue written authorization for disbursement of funds.
- Upon completion of the disbursement, the operator is required to submit an Acknowledgment of Disbursement of Funds.
This financial assurance information is designed to guide and assist operators of solid waste landfills to comply with state and federal statutory and regulatory financial assurance requirements.