Long-Term Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills

Description

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

Pursuant to direction provided by the Permitting and Compliance Committee on March 5, 2007, this proposed rulemaking was divided into two (2) phases. Phase 1 primarily involved revised regulations concerning closure and postclosure maintenance cost estimates. Phase 2 began after completion of a contracted study to identify potential long-term threats and financial assurance mechanisms for long-term postclosure maintenance and corrective action at solid waste landfills.

• Phase 1--Closure and Postclosure Maintenance Cost Estimates. On February 25, 2008, the Office of Administrative Law (OAL) approved the regulations. The regulations became effective on the same date.
• Phase 2--Long-Term Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills: On April 9, 2010, OAL approved th e regulations. The regulations became effective July 1, 2010.

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

November 27, 2006 workshop to solicit feedback on informal draft regulation text.

• Notice of Public Workshop, November 2006 (Word, 104 KB | Adobe PDF, 92 KB)
• Workshop Agenda, November 2006 (Word, 35 KB | Adobe PDF, 36 KB)
• Workshop Presentation, November 2006 (PowerPoint, 567 KB | Adobe PDF, 61 KB)
• Workshop Handouts, November 2006
  • 30-Year Post-Postclosure Trust Funding 5.38 Percent Earnings (Excel, 112 KB)
  • 30-Year Post-Postclosure Trust Funding 5.39 Percent Earnings (Excel, 112 KB)
  • 30-Year Post-Postclosure Trust Funding Surplus Money Investment Fund Net Earnings (Excel, 51 KB)
  • 40-Year Post-Postclosure Trust Funding Surplus Money Investment Fund Net Earnings (Excel, 90 KB)
  • 41-Year Post-Postclosure Trust Funding Surplus Money Investment Fund Net Earnings (Excel, 112 KB)
  • 50-Year Post-Postclosure Trust Funding Surplus Money Investment Fund Net Earnings (Excel, 112 KB)
• Written Comments Received During Informal Comment Period, November 2006-January 2007

Rulemaking Documents

• 1st Draft Informal Text, November 2006 (Word, 183 KB | Adobe PDF, 138 KB)
• 1st Draft Informal Form 100, November 2006 (Word, 86 KB | Adobe PDF, 48 KB)
• 1st Draft Informal Form 104, November 2006 (Word, 59 KB | Adobe PDF, 44 KB)
• 1st Draft Informal Form 106, November 2006 (Word, 54 KB | Adobe PDF, 35 KB)

More Information

Background information is available from the July 18, 2006, Board meeting, Agenda Item 13, Discussion and Request for Direction On Longer-Term Postclosure Maintenance, Corrective Action And Financial Assurance Demonstrations for Landfills.