California Code of Regulations
Title 27 - Environmental Protection
Division 2 - Solid Waste
Subdivision 1 - Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
Chapter 4 - Documentation and Reporting for Regulatory Tiers, Permits, WDRs, and Plans
Subchapter 4 - Development of Closure/Postclosure Maintenance Plans
Section 21780 - CIWMB-Submittal of Closure and Postclosure Maintenance Plans

Universal Citation: 27 CA Code of Regs 21780

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Each submittal shall be certified by a registered civil engineer or a certified engineering geologist. Each submittal shall include:

(1) The preliminary or final closure and postclosure maintenance plans containing all of the elements specified under § 21790 through § 21840, as applicable.

(2) Updated or initial cost estimates for closure and postclosure activities to reflect the components and requirements under §§ 21815, 21820 and 21840. Cost estimates shall be based on the current costs on a unit basis (unit costs) for closure and postclosure maintenance. Cost estimate adjustments based only on inflation factors are not acceptable.

(3) An updated demonstration of financial responsibility in accordance with Subchapter 2 of Chapter 6 (§ 22205 et seq). This demonstration shall reflect the updated cost estimates for closure and postclosure activities required under ¶(a)(2).

(b) The operator shall submit two copies of each document to the EA, the RWQCB, the CIWMB and the local air district. All drawings shall be submitted at an appropriate scale that clearly shows all pertinent features. The closure and postclosure maintenance plans shall be clearly marked "preliminary" or "final", depending on the status. For partial final closure, those sections submitted pursuant to § 21800, shall be clearly marked "partial final."

(c) Plans for complete site closure of a solid waste landfill shall be submitted in accordance with the following schedule:

(1) Preliminary closure and postclosure maintenance plans for existing solid waste landfills shall be submitted at the time of application for each SWFP review or revision. The plans shall be submitted as part of the JTD or as a separate document in the form of a distinct component of a JTD;

(2) Preliminary closure and postclosure maintenance plans for new landfills not operating prior to the effective date of the regulations shall be submitted as part of the JTD or as a separate document in the form of a distinct component of a JTD at or before the time of application for a SWFP. For the purposes of this Subchapter, lateral expansions of landfills are considered new municipal solid waste landfills.

(3) Final closure and postclosure maintenance plans for solid waste landfills shall be submitted two years prior to the anticipated date of closure. Within five years of the anticipated date of closure, the operator may submit the final closure and postclosure maintenance plans in lieu of submitting new or updated preliminary closure and postclosure maintenance plans.

(d) Partial final closure of a solid waste landfill shall be allowed in accordance with the following:

(1) For the complete closure of discrete units, partial final closure and postclosure maintenance plans shall be submitted for each unit 2 years prior to the anticipated date of closure of that discrete unit in accordance with §§ 21800 and 21830. Closure of such a discrete unit shall not commence until approval of the partial final closure and postclosure maintenance plans for that discrete unit. The specific closure details for each discrete unit shall be compatible with closure of the entire landfill; and

(2) For the implementation of any one or a combination of individual final closure activities, partial final closure and postclosure maintenance plans for the activities shall be approved before implementation of such closure activities.

(e) If immediate closure of a disposal site is necessary to protect public health and safety and the environment, closure plans shall be submitted in accordance with a schedule specified by the EA and concurred with by the RWQCB and CIWMB. If the RWQCB or CIWMB does not object to the schedule within 30 days of written notification by the EA, the schedule is deemed concurred with by that agency. An emergency corrective action plan may be required by the EA, to be submitted for approval by the EA. The emergency corrective action plan may be implemented prior to the submittal of the closure plan.

(f) If, at its own motion, an operator ceases accepting waste at a landfill prior to the anticipated closure date specified in the currently effective Solid Waste Facility Permit, and the operator does not intend to receive additional waste at the landfill, the operator shall submit final closure and postclosure maintenance plans in accordance with a schedule specified by the EA and concurred with by the RWQCB and CIWMB. If the RWQCB or CIWMB does not object to the schedule within 30 days of written notification by the EA, the schedule is deemed concurred with by that agency. In no case shall the schedule be longer than six (6) months from the date the operator ceased accepting waste at the landfill.

(g) The owner or operator of a MSWLF unit shall notify the EA that closure and postclosure maintenance plans have been prepared and placed in the operating record in accordance with 40 CFR 258.60(d) and 258.61(d).

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of subsections (b)-(e), new subsection (f), subsection relettering and amendment of NOTE filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
3. Amendment of section heading, subsection (a)(2) and NOTE filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020, 43021, 43022 and 43103, Public Resources Code.

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