Chapter 4. Documentation and Reporting For Regulatory Tiers, Permits, WDRs, and Plans
Subchapter 5. CalRecycle-Corrective Action Cost Estimate and Plan Requirements
Section 22100. CalRecycle - Scope and Applicability.
(a) This subchapter applies to owners and operators of all disposal facilities that were or are required to be permitted as solid waste landfills and have been or will be operated on or after July 1, 1991.
(b) The operator shall provide cost estimate(s) and a plan, as appropriate, for initiating and completing know or reasonably foreseeable corrective action pursuant to section 22101.
(c) For the purpose of this subchapter, the following definitions apply:
(1) "Corrective action" means an activity, including restoring the integrity or establishing the adequacy of a damaged or inadequate containment structure or environmental monitoring or control system, to: bring a landfill into compliance with the applicable requirements, prevent a reasonably foreseeable release, or remediate a known release to the environment. Corrective action does not include routine maintenance.
(2) "Causal event" means an occurrence that could result in a non-water release corrective action. Causal events include, but are not limited to, earthquakes, flooding, tsunami, seiche, fire, precipitation, and degradation of or otherwise inadequate containment structure or environmental monitoring or control system.
Section 22101. CalRecycle - Corrective Action Estimate Requirements.
(a) Water release corrective action estimate. The operator shall provide a cost estimate for initiating and completing corrective action for all known or reasonably foreseeable releases from the solid waste landfill to water in accordance with the program required by the SWRCB pursuant to section 20380(b).
(b) Non-water release corrective action cost estimate
(1) Effective July1, 2011, on or before the date of the first permit review or revision or plan review as determined by the schedule in section 21865, the operator shall also provide a cost estimate for the complete replacement of the final cover. The operator shall calculate this cost in one of the following two ways:
(A) By providing a new estimate of the cost of complete replacement of the final cover, including, but not limited to, the cost of removing the existing cover and preparing for and installing the new cover, as necessary, depending on the replacement final cover system design: or,
(B) By providing the greater of either the most recently approved or most recently submitted closure cost estimate, adjusted, as necessary, to reflect closure of the entire solid waste landfill and current unit costs.
(2) The operator, in lieu of providing a separate corrective action cost estimate pursuant to (b)(1)(A) or (B), may provide a site-specific corrective action plan, as described in section 22102.
(c) A cost estimate prepared pursuant (a) or (b) must be a detailed written estimate, in current dollars, of the cost of hiring a third party to perform all applicable corrective action activities for the entire corrective action period.
(d) The operator shall prepare the cost estimates in accordance with the requirements of section 21815.
(e) The operator shall increase the cost estimate if changes in the corrective action program, corrective action plan, or landfill conditions increase the maximum cost of corrective action.
(f) The operator may only reduce the amount of the cost estimate if the cost estimate exceeds the maximum remaining corrective action costs and the reduction is approved pursuant to (g).
(1) The operator shall provide the cost estimate prepared pursuant to (a) to RWQCB for review and approval and shall provide a copy of this estimate to CalRecycle.
(2) The operator shall provide the estimate prepared pursuant to (b) to RWQCB, EA, and CalReycle for review and approval in accordance with the schedule in section 21860.
Section 22102. CalRecycle - Corrective Action Plan Requirements.
(a) A corrective action plan submitted to comply with section 22101(b)(2) must include:
(1) An evaluation of the know or reasonably foreseeable non-water release corrective action needed as a result of each known or reasonably foreseeable causal event;
(2) Cost estimates, prepared pursuant to section 22101(c)-(f), for all know or reasonably foreseeable corrective actions described in the plan. The cost estimate with the highest amount must be used to determine the amount of financial assurance required pursuant to section 22221(b)(2); and
(3) An evaluation of the long-term performance of the final cover system to ensure that it will continue to meet the requirements of section 21140 without the need for corrective action.
(b) The operator shall submit the plan to RWQCB, EA, and CalRecycle for review and approval in accordance with the schedule in section 21860.
(1) The corrective action plan shall be prepared and certified by a third party who meets all of the following conditions;
(A) Is a registered civil engineer or certified engineering geologist;
(B) Is not employed by the current entity responsible for the design of the solid waste landfill;
(C) Is not the current professional in responsible charge of work for the design of the solid waste landfill; and
(D) Is not employed by an entity or its subsidiary, parent, or other similarly related entity under common control that owns or operates the solid waste landfill.
(2) For the purposes of (c)(1)(B) and (C), the current entity responsible for the design and the current professional in responsible charge of design work are the entity and registered civil engineer or certified engineering geologist responsible for the design pursuant to section 21600(b)(4)(B) in the conditioning JTD/RDSI, including all subsequent RFI amendments as applicable and approved, listed in the most recently issued solid waste facility permit and pursuant to section 21780 in the approved final closure plan.
Section 22103. CalRecycle - Updated Corrective Action Cost Estimate.
(a) The operator shall submit an updated corrective action estimate prepared pursuant to section 22101(a) and an updated corrective action estimate or corrective action plan prepared pursuant to section 22101(b) each time closure and postclosure maintenance plans are required to be submitted pursuant to section 21865.
(1) The updated cost estimate shall be based on the current unit costs. Cost estimate adjustments based only on inflation factors are not acceptable.