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v <br />California Integrated Waste Management Board <br />Permitting and Enforcement Committee <br />January 15,1998 <br />AGENDA ITEM 19 <br />rM0u-9 <br />CONSIDERATION OF ADOPTION OF t FOR <br />SOLID •STE LANDFILLS: LOCAL GOVERNMENT• D LOCAL <br />GOVERNMENT G <br />I. SUMMARY <br />CIWMB staff is proposing these regulations to add to current State financial assurance <br />regulations two new financial assurance mechanisms developed by the United States <br />Environmental Protection Agency (EPA) for local government owners/operators of municipal <br />solid waste landfills. The new mechanisms are the Local Government Financial Test (LGFT) <br />and Local Government Guarantee (LGG). The LGFT allows local governments to meet <br />financial assurance obligations for postclosure maintenance and corrective action costs by <br />demonstrating their financial strength. A local government interested in providing a LGG for a <br />landfill operated by another public agency or a private firm must also pass the LGFT. <br />Staff determined the LGFT and LGG regulations have no environmental impact. Accordingly <br />this project is exempt from the California Environmental Quality Act (CEQA) under Title 14, <br />California Code of Regulations, CEQA Guidelines, section 15061(b)(3). <br />These regulations were distributed to interested parties on November 21, 1997 and published in <br />the California Regulatory Notice Register. The comment period for this rulemaking is from <br />November 21, 1997 to January 5, 1998. The scope of this regulatory package is limited to the <br />new financial assurance regulations, LGFT and LGG. <br />Since distribution of the regulation package, staff has received one written comment, <br />summarized below along with staff recommendations. Comments received after this item was <br />prepared will be summarized and presented orally at the January Committee meeting. <br />The purpose of this item is to provide a forum for a public hearing at the conclusion of the 45 - <br />day public comment period and bring forward for consideration of adoption by the Board of the <br />new financial assurance regulations, LGFT and LGG. <br />:1•',;t <br />b 1111 <br />On June 17, 1997 Committee approved development of the proposed regulations and the <br />rulemaking including the formal 45 day public notice. <br />