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 21865 - Calrecycle-Amendment of Closure and Postclosure Maintenance Plans

Universal Citation: 27 CA Code of Regs 21865

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

(a) Closure and postclosure maintenance plans shall be submitted every time a review or revision of the SWFP is conducted. If there have been no changes requiring an amendment under the ¶(c) criteria, a statement certified by a registered civil engineer or certified engineering geologist that there have been no changes may be submitted in lieu of submitting plans.

(1) For disposal sites without a solid waste facilities permit, the operator shall initially submit updated plans in accordance with the following schedule:

(A) If the approval of Certification of Closure pursuant to § 21880 occurred on or after January 1, 1988 but prior to January 1, 1997, the operator shall submit updated plans on or before July 1, 2012;

(B) If the approval of Certification of Closure pursuant to § 21880 occurred on or after January 1, 1997 but prior to January 1, 2001, the operator shall submit updated plans on or before July 1, 2013;

(C) If the approval of Certification of Closure pursuant to § 21880 occurred on or after January 1, 2001 or if the operator has initiated closure activities on or before February 25, 2003, but has not received approval of Certification of Closure pursuant to § 21880, the operator shall submit updated plans on or before July 1, 2014.

(2) After complying with ¶(1), the operator shall submit updated plans at least once every five years.

(b) The plans shall be submitted as part of the JTD or a separate document in the form of a distinct component of a JTD. The form of submittal shall be as amendments to the existing plans as necessary. Submittal shall be in accordance with § 21780. The evaluation and approval of the plans shall be as specified under § 21860.

(1) Any change in

(A) Operation or solid waste landfill design which would affect the implementation of the closure and/or postclosure maintenance plans;

(B) The anticipated year of closure;

(C) The financial mechanism required pursuant to § 22227, "Substitution of Mechanisms" or § 22231, "Cancellation or Nonrenewal by a Provider of Financial Assurance"; and

(2) Updates of the 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.

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of subsections (a) and (b)(4) 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 (b)(4) and NOTE filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9).
4. Amendment of section heading, section and NOTE filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43103, 43505 and 43509, Public Resources Code.

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