California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 10. Solid Waste Cleanup Program

Article 1. Authority

18900. Scope.

(a) Regulations contained herein are promulgated pursuant to Public Resources Code Article 2.5 of Chapter 2 of Part 7 of Division 30. The regulations implement the Solid Waste Cleanup Program, a program for the cleanup of solid waste at disposal sites and solid waste at codisposal sites where the responsible party(ies) either cannot be identified or is unable or unwilling to pay for timely remediation and where cleanup is needed to protect public health and safety and/or the environment.

(b) In implementing this program the Board is vested, in addition to its other powers, with all the powers of an enforcement agency under Division 30 of the Public Resources Code.

(c) In administering the program authorized by Public Resources Code section 48020 et seq. the Board may:

(1) Expend funds directly for remedial action;

(2) Provide loans to responsible parties who demonstrate the ability to repay state funds for remedial actions on solid waste disposal sites and codisposal sites;

(3) Provide matching grants to public entities for remedial actions on solid waste disposal sites and codisposal sites; and

(4) Provide grants to public entities for the abatement of illegal disposal sites.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48021(b), 48021(c), and 48023(b), Public Resources Code.


Article 2. Definitions

18901. Definitions.

For the purposes of this Chapter:

(a) "Abandoned site" means a site where no responsible party can be identified or located.

(b) "Agreement" means a memorandum of understanding between the Board and a local government.

(c) "Applicant" means a person or an entity applying for a loan, matching grant, grant, or remediation managed by the California Integrated Waste Management Board.

(d) "Board" means the California Integrated Waste Management Board.

(e) "Borrower" means an applicant whose loan application has been approved and who has executed a loan agreement.

(f) "Closed site," means a disposal site that has ceased accepting waste and was closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time.

(g) "Codisposal site" means a hazardous substance release site listed pursuant to section 25356 of the Health and Safety Code where the disposal of hazardous substances, hazardous wastes, and solid waste have occurred.

(h) "Grant recipient" means an applicant whose grant application has been approved and who has executed a grant agreement pursuant to Public Resources Code section 48021(b).

(i) "Illegal disposal site" means:

(1) A site where unauthorized disposal of solid waste has taken place to the extent that cleanup may be required to protect public health and safety and/or the environment, and

(2) The site is not permitted and not exempt from obtaining a permit and is not closed or excluded from the requirement to obtain a Solid Waste Facilities Permit.

(j) "Local government" means a local public entity that is a county, city, district, or any other political subdivision deemed eligible by the Board, but does not include the State.

(k) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, household or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

(l) "Order" means an enforcement action taken by the enforcement agency or the board in the form of issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order as authorized by Section 18304.

(m) "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, public or private school, college, or university, or any other entity whatsoever.

(n) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.

(o) "Repayment amount" means the amount equal to the amount expended by the Board for cleanup, the Board's cost of contract administration, and an amount equal to the interest that would have been earned on the funds expended for cleanup.

(p) "Responsible party" means:

(1) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; 0county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law, who at the time of disposal of any solid waste owned the property;

(2) The present owner or operator of the site at which solid waste has been deposited;

(3) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who by contract or agreement disposed and/or transported solid waste to the site, or who otherwise arranged for the transportation to and/or disposal of solid waste at the site;

(4) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; For the purposes of this Chapter:

(a) "Abandoned site" means a site where no responsible party can be identified or located.

(b) "Agreement" means a memorandum of understanding between the Board and a local government.

(c) "Applicant" means a person or an entity applying for a loan, matching grant, grant, or remediation managed by the California Integrated Waste Management Board.

(d) "Board" means the California Integrated Waste Management Board.

(e) "Borrower" means an applicant whose loan application has been approved and who has executed a loan agreement.

(f) "Closed site," means a disposal site that has ceased accepting waste and was closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time.

(g) "Codisposal site" means a hazardous substance release site listed pursuant to section 25356 of the Health and Safety Code where the disposal of hazardous substances, hazardous wastes, and solid waste have occurred.

(h) "Grant recipient" means an applicant whose grant application has been approved and who has executed a grant agreement pursuant to Public Resources Code section 48021(b).

(i) "Illegal disposal site" means:

(1) A site where unauthorized disposal of solid waste has taken place to the extent that cleanup may be required to protect public health and safety and/or the environment, and

(2) The site is not permitted and not exempt from obtaining a permit and is not closed or excluded from the requirement to obtain a Solid Waste Facilities Permit.

(j) "Local government" means a local public entity that is a county, city, district, or any other political subdivision deemed eligible by the Board, but does not include the State.

(k) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, household or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.

(l) "Order" means an enforcement action taken by the enforcement agency or the board in the form of issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order as authorized by Section 18304.

(m) "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, public or private school, college, or university, or any other entity whatsoever.

(n) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.

(o) "Repayment amount" means the amount equal to the amount expended by the Board for cleanup, the Board's cost of contract administration, and an amount equal to the interest that would have been earned on the funds expended for cleanup.

(p) "Responsible party" means:

(1) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; 0county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law, who at the time of disposal of any solid waste owned the property;

(2) The present owner or operator of the site at which solid waste has been deposited;

(3) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who by contract or agreement disposed and/or transported solid waste to the site, or who otherwise arranged for the transportation to and/or disposal of solid waste at the site;

(4) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who was the owner or custodian of the solid waste that was deposited on the site.

(5) The term "responsible party," as defined above, may only be construed within the context of this Article and Public Resources Code sections 48020 et seq. and shall not be interpreted under any other local, state, or federal statute.

(q) "Responsible party is unable to pay" means:

(1) The responsible party does not currently, have the financial ability, as verified by independent audit, financial statements, or other documentation acceptable to Board, to pay the costs of remediation necessary to protect the public health and safety and/or the environment; or

(2) The responsible party does not have the legal power or authority to perform required site cleanup.

(r) "Responsible party is unwilling to pay" means: the responsible party has financial ability to pay for the costs of remediation necessary to protect public health and safety and/or the environment, has been issued an enforcement order to perform remediation, and has refused to comply with the order.

(s) "Responsible party cannot be identified," means the responsible party cannot be identified or found after a search of public records, investigation, and consultation with other enforcement agencies.

(t) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.

(u) "Trust Fund" means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Public Resources Code section 48027 of Article 2.5 of Chapter 2 of Part 7 of Division 30.

(v) "Surplus Money Investment Fund" means the fund in which excess state moneys are invested until the money is needed for its intended purpose. The fund is administered by the state treasurer’s office.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.


Article 3. Site Selection and Ranking Criteria

18902. Site Eligibility.

Candidate sites may be eligible for funding if:

(a) The site is a solid waste disposal site, codisposal site, or illegal disposal site as defined in Section 18901;

(b) The responsible parties, either cannot be identified, located, or is unable or unwilling to pay for timely and proper remediation; and

(c) Remedial action is required to protect public health and safety and/or the environment.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020(b) and 48021(c)., Public Resources Code.


18903. Site Prioritization.

(a) The Board shall prioritize sites for eligibility based on the following factors:

(1) The actual or potential degree of risk to public health and safety and/or the environment posed by conditions at the site as determined by a comparison with state minimum standards (27 CCR, Chapter 3, Subchapter 4, commencing with section 20510 and Subchapter 5, commencing with section 21099.

(2) The ability of the site owner and or responsible parties to promptly and properly remediate the site without monetary assistance;

(3) The ability of the Board to adequately remediate the site with available funds;

(4) The amount of contributions of money and/or in-kind services from local governments and responsible parties;

(5) The availability of other appropriate federal or state enforcement and/or cleanup programs to remediate the site.

(6) The ability to obtain site access for the proposed remediation

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020(b) and 48021(a)., Public Resources Code.


18904. Eligible and Ineligible Remedial Actions.

(a) Remedial actions taken pursuant to the Solid Waste Cleanup Program shall, to the extent practicable, contribute to the efficient performance of any anticipated long-term remedial action with respect to the specific threat to public health and safety and/or the environment addressed under the program.

(b) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal; security measures such as fences and warning signs; drainage controls; slope and foundation stabilization; excavation, consolidation, and capping of waste areas; field and laboratory testing; and installation of landfill gas and leachate control systems. This list is not exhaustive and shall not prevent the Board from taking other necessary and appropriate actions and does not create a duty on the Board to take action at any particular time.

(c) Ineligible actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, and cleanup or otherwise handling of only hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)] not codisposed with nonhazardous solid waste.

(d) The remediation of landfill or disposal site fires pursuant to this chapter will only be eligible in situations where the fire is remediated as one part of a project approved by the Board under the applicable criteria for any other project approved for remediation under this program.

(e) Eligible activities regarding emergency actions at disposal sites pursuant to this chapter include technical assistance to local emergency response agencies. The Board may consider approval of funding of final site remediation pursuant to this chapter after the emergency response if all other applicable criteria are met.

Note:

Authority cited: Sections 40502 and 48025, Public Resources Code.
Reference: Sections 48020-48028, Public Resources Code.

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