Long-Term Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills (Phase 2)

The Office of Administrative Law approved the regulations on April 9, 2010, and they became effective on July 1, 2010.

Description

Proposed regulations on closure, postclosure maintenance, and corrective action plan cost estimates and related financial assurance demonstrations.

This rulemaking is the second phase of a two-phase rulemaking. The initial rulemaking effort, which began with a larger scope, was divided into two phases after direction provided on March 5, 2007 by the Permitting and Compliance Committee.

Affected Regulatory Code Sections

California Code of Regulations, Title 27, Division 2, Subdivision 1:

• Chapter 4, Subchapter 4
• Chapter 6, Subchapter 3, Article 1 and Article 2
• Appendix 3

Stakeholder Input

Public workshops to solicit feedback on informal draft regulation text and related activities:

• Agenda for Public Workshop (MS Word, 48 KB): July 9, 2009
• Agenda for Public Workshop (MS Word, 48 KB): February 11, 2009
• Agenda for Public Workshop (MS Word, 47 KB): January 12, 2009.
• Agenda for Public Workshop (MS Word, 62 KB): October 30, 2008.
• Notice of Public Workshops (MS Word, 109 KB): April 28, May 27, June 18, and July 17, 2008.
• Notice of Public Workshops, (MS Word, 105 KB): February 29, March 10, April 14, and May 12, 2008.

Rulemaking Documents

• Final text approved by OAL on April 9, 2010:
  • Final Text, April 2010 (Adobe PDF, 328 KB).
  • Final Form 100, Trust Agreement, February 2010 (Adobe PDF, 300 KB).
  • Final Form 106, Certificate of Insurance for Closure/Postclosure Maintenance/Reasonably Foreseeable Corrective Actions, February 2010 (Adobe PDF, 299 KB).
  • Final Form 114, Pledge of Revenue Requirements, February 2010 (Adobe PDF, 332 KB).
• Updated Informative Digest, April 2010 (MS Word, 76 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.
• Final Statement of Reasons, February 2010 (MS Word, 258 KB): Updated Statement of Reasons explaining the purpose and intent of the regulations.
• Response to Comments: Responses to comments received.
  • Initial comment period (February 27 through April 13, 2009) and Public Hearing (April 16, 2009): April 2010 (MS Word, 314 KB)
  • Second comment period (August 20 through October 5, 2009): April 2010 (MS Word, 231 KB)
  • Third comment period (November 10 through 25, 2009): April 2010 (MS Word, 138 KB)
• Notice of Additional Comment Period, November 2009 (MS Word, 102 KB): Notice by the CIWMB about an additional comment period running from November 10 through November 25, 2009.
• Proposed regulatory text for additional comment period (November 10-25, 2009):
  • Proposed Text, November 2009 (Adobe PDF, 190 KB).
  • The following forms are the same as those provided in the initial 45-day comment period section, but they have been listed again in this section for your convenience:
    • Proposed Form 100, Trust Agreement, February 2009 (Adobe PDF, 286 KB).
    • Proposed Form 106, Certificate of Insurance for Closure/Postclosure Maintenance/Reasonably Foreseeable Corrective Actions, February 2009 (Adobe PDF, 299 KB).
    • Proposed Form 114, Pledge of Revenue Requirements, February 2009 (Adobe PDF, 380 KB).
• Notice of Additional Comment Period, August 2009 (MS Word, 101 KB): Notice by the CIWMB about an additional comment period running from August 20 through October 5, 2009.
• Proposed regulatory text for additional comment period (August 20 through October 5, 2009):
  • Proposed Text, August 2009 (Adobe PDF, 169 KB).
  • The following forms are the same as those provided in the initial 45-day comment period section, but they have been listed again in this section for your convenience:
    • Proposed Form 100, Trust Agreement, February 2009 (Adobe PDF, 286 KB).
    • Proposed Form 106, Certificate of Insurance for Closure/Postclosure Maintenance/Reasonably Foreseeable Corrective Actions, February 2009 (Adobe PDF, 299 KB).
    • Proposed Form 114, Pledge of Revenue Requirements, February 2009 (Adobe PDF, 380 KB).
• Notice of Proposed Rulemaking, February 2009 (MS Word, 51KB): Information published in the California Regulatory Notice Register 45 days prior to the end of the public comment period, which references the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.
• Initial Statement of Reasons, February 2009 (MS Word, 96 KB): A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.
• Proposed regulatory text for initial 45-day comment period (February 27 through April 13, 2009):
  • Proposed Text, February 2009 (Adobe PDF, 432 KB).
  • Proposed Form 100, Trust Agreement, February 2009 (Adobe PDF, 286 KB).
  • Proposed Form 106, Certificate of Insurance for Closure/Postclosure Maintenance/Reasonably Foreseeable Corrective Actions, February 2009 (Adobe PDF, 299 KB).
  • Proposed Form 114, Pledge of Revenue Requirements, February 2009 (Adobe PDF, 380 KB).

More Information

Long-Term Postclosure... Home

Rulemaking History

Board staff conducted a series of public workshops between February and July 2008 to solicit feedback on informal draft regulation text and related activities (see Stakeholder Input heading above for more information). On August 19, 2008, the Board directed staff to begin the formal rulemaking process by noticing proposed regulations for a 45-day public comment period. Additional workshops were held on October 30, 2008, January 12, 2009, and February 11, 2009. A 45-day public comment period on proposed text ran from February 27 through April 13, 2009. Staff held a public hearing on April 16, 2009. At its May 12, 2009 meeting, the Board's Strategic Policy Development Committee discussed policy related issues associated with long-term postclosure maintenance, corrective action, financial assurances, and the proposed regulations. Staff sought direction on the proposed regulations from the full Board at its meeting on May 19, 2009. Staff held a public workshop on July 9, 2009, to solicit feedback on proposed regulation text changes. At its August 18, 2009 meeting the Board directed staff to initiate an additional comment period for changes made to the proposed text in response to comments received and further staff analysis. The comment period ran from August 20 through October 5, 2009. At its November 10, 2009 meeting the Board's Strategic Policy Development Committee directed staff to initiate an additional comment period for changes made to the proposed text (Adobe PDF, 190 KB) in response to comments received and further staff analysis. The comment period ran from November 10 through 25, 2009. The Board adopted the proposed regulations at its December 15, 2009 meeting. CalRecycle staff submitted the final rulemaking file to the Office of Administrative Law (OAL) on February 25, 2010.