Solid Waste Handling and DisposalFinancial Ability
Section § 43600
This law says that if you own or operate a solid waste landfill, you must prove you can pay for its closure and maintenance after closing. If you submit your plan before a certain federal date, you should cover 15 years of maintenance costs. After the federal date, you must cover 30 years of maintenance costs.
Section § 43601
This law ensures that owners or operators of solid waste landfills can financially cover the cost of closing and maintaining a landfill even after it's no longer in use. They must show financial security through methods allowed by federal regulations or those approved by the state.
The state or regional water board can access funds if landfill owners fail to complete closure duties. Landfill operators can request fund disbursement for necessary activities if enough money remains to cover future needs.
If using insurance, the policy must be from a licensed or approved insurer in California, and meet certain regulatory requirements. Fees may apply to review insurance under these guidelines, with collected fees funding the review process.
Section § 43601.2
This law requires the Department of Resources Recycling and Recovery to prepare a report for the Legislature by January 1, 2017, about financial mechanisms used by landfill owners and operators to cover costs for closing landfills or maintaining them after closure. The report must evaluate whether these mechanisms, specifically insurance options, are adequate and provide sufficient assurance compared to other methods.
It should also identify potential financial liability for the state if these mechanisms fail and offer recommendations for improvement. The department can consult with the Department of Insurance and must publicize estimated study costs by March 1, 2013. They can recover any excess costs from landfill operators using these financial systems. Additionally, the study's costs are not constrained by specific budget limits, and private funding does not grant any influence over the study or contractor selection.
Section § 43601.5
This law requires a review and update of regulations about financial assurances for closing solid waste landfills. By March 1, 1994, the regulations need to match federal standards set in parts of the Code of Federal Regulations. When updating, the goal is to reduce compliance costs for public landfill owners while ensuring they meet closure and financial assurance needs. This aims to ensure enough money is available for necessary landfill diversion programs.
Section § 43602
This law section requires owners or operators of solid waste landfills to provide proof they can cover the costs of closing the landfill and maintaining it after closure. There are two parts: before a certain federal regulation takes effect, they must cover closure and 15 years of maintenance costs; after the regulation, they have to cover closure and 30 years of maintenance costs. If the landfill plans change before it's closed, the cost estimates and financial proof must be updated as well.
Section § 43603
The law states that once a landfill closure plan is submitted and the landfill is closed, the owner or operator doesn't have to update the plan to comply with new standards or regulations that may be introduced later. This means that any changes in rules after the closure won't affect the previously submitted plan.
Section § 43604
This law requires that the owner or operator of a closed solid waste landfill keep enough money set aside to cover ongoing maintenance costs. Although they can use the funds to pay for these costs as they occur, they must ensure there is still enough money left to cover future maintenance. Additionally, they have to follow specific federal regulations once they become effective.
Section § 43605
This law states that the State Water Resources Control Board still has the power to set rules for closing and maintaining disposal sites after they've been shut down, regardless of anything else in this division.
Section § 43606
This law explains that any financial deal trying to shift responsibility from a disposal site owner or operator to someone else is not valid, unless it has been approved by the board. Essentially, owners and operators can't escape their legal duties with such agreements, although they can still make deals between themselves about who handles closure and ongoing maintenance of the site. This law also allows for any legal claims one might have against the other based on their agreements.
Section § 43610
This law says that a small city in Kings County, California, with a population of under 20,000 and operating a solid waste landfill under certain conditions, doesn't have to submit a plan or provide funds for maintaining the landfill after it closes. Conditions for this exemption include the landfill receiving under 20,000 tons of waste annually, having a deep water table over 250 feet, non-drinkable groundwater, less than 12 inches of yearly rainfall, and proper closure according to state requirements.
However, this exemption ends if certain federal regulations become effective, specifically Subpart F or G of the federal Code of Regulations regarding landfill management.
Section § 43610.1
If you're in charge of a waste disposal site and you follow the rules in this section and its related regulations, you’ve met the state’s requirements for having enough money to handle closing the site and taking care of it afterward.