Financial Assurances for Solid Waste Disposal Facilities

The California Integrated Waste Management Board (CIWMB) is responsible for ensuring that operators of disposal facilities demonstrate, to the CIWMB, adequate financial assurances for closure and postclosure maintenance, known or reasonably foreseeable corrective action, and operating liability. The CIWMB is responsible for obtaining compliance by way of enforcement if an operator fails to provide the appropriate coverage for closure, postclosure maintenance, and operating liability. The Regional Water Quality Control Boards (RWQCB) are responsible for obtaining compliance by way of enforcement if an operator fails to provide appropriate coverage for known or reasonably foreseeable corrective action for water quality related events.

Financial Assurances Currently | Enforcement | Permitting

Financial Assurances Currently

In 2007, the CIWMB contracted to have a study completed and also embarked on a rulemaking effort to clarify and amend the planning and financial assurance requirements for solid waste landfills in California.

The Cleanup, Closure and Financial Assurance Division is currently developing proposals for CIWMB consideration to clarify and amend the procedures in the following areas:

• Demonstrations for submitting closure and postclosure maintenance plans,
• Reasonably foreseeable non-water quality related corrective action plans, and
• Associated financial assurance demonstrations for all plans.

This effort included input, through a series of scheduled workshops, from staff throughout the CIWMB, U.S. Environmental Protection Agency (EPA), Cal/EPA, both public and private solid waste facility operators, local government representatives, and environmental groups. Visit the 2007 Study web page for additional information regarding this important initiative.

Enforcement

CIWMB enforcement procedures and authority to assess penalties are implemented according to Public Resources Code, sections 45000 and 45023. Local enforcement agencies (LEA) and pertinent CIWMB employees are informed of the financial assurance violations and the CIWMB's intent to pursue enforcement.

CIWMB staff may receive requests from the LEA, CIWMB staff, and RWQCB staff through use of the financial assurance mechanism review request (CIWMB form 217,  Adobe PDF, 20 KB | MS Word, 124 KB) for the current status of financial assurance demonstrations. The findings of staff are good for only 30 days (or as otherwise specified by staff) from the CIWMB notification date to the LEA.

Permitting

Full permit or major waste tire permit processing timelines may range from approximately 30 to 300 days depending on: application date, LEA determination date, waiver of determination and final LEA determination date, proposed permit date, scheduling Board meeting agenda item, etc.

The LEA is responsible for ensuring current reviews of the financial assurances demonstrations have been done during the full solid waste facilities permit (SWFP) application process (upon receipt/filing of a signed and dated solid waste facility permit application) and until the proposed SWFP is received by the CIWMB. The LEA is responsible for requesting financial assurance status for the application filing and the LEA 30 day determination process for the correctness and completeness of the application. Additionally, the LEA is responsible for the continued status of financial assurances requirements of the owner/operator/applicant through the permit process including and up to the submittal of a proposed permit (i.e., the date the proposed permit is received by the CIWMB).

The LEA should check with CIWMB staff for current financial assurances status throughout the application process from the date of filing, the determination date and the proposed permit date.

The CIWMB staff is responsible for the financial assurance determination status for the proposed permit and the permit application from the date the proposed permit is received by the CIWMB until the Board hears the proposed permit.

The CIWMB permitting staff should check the status of the financial assurance requirements at the receipt of the proposed permit, at the date of obtaining a Board meeting agenda item title, and again 10 days before the scheduled Board meeting by contacting CIWMB financial assurances staff as needed to determine and maintain the most current status.

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