Disbursement of Monies from Closure and/or Postclosure Maintenance Funds

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. Following are procedures used by CIWMB staff to process requests for disbursement of monies. Except for requests for excess disbursement, operators may request disbursements to conduct closure and postclosure maintenance activities only. CIWMB 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 the CIWMB approves a final closure plan, an operator may request disbursement from the closure fund according to the approved disbursement schedule. The schedule must identify the amount of funds being disbursed, the activities being completed and the anticipated date of disbursement for each activity. Operators are required to submit quarterly reports to the CIWMB, on the status of closure activities specified in the final closure plans. CIWMB 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 the CIWMB, 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 the CIWMB. The request must be accompanied by an official statement of account, verifying the current balance of the fund. The statement must be sent to the CIWMB, directly from the financial institution in the case of a trust fund, and directly from the auditor-controller or treasurer in the case of 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.