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0 0 <br />Agenda Item - <br />Permitting and Enforcement Committee <br />8 <br />January 15, 1998 <br />�� i�'• `I; /' <br />Committee members may decide to: <br />1. Approve the LGFT and LGG regulations as recommended by staff and forward to the <br />Board for adoption. <br />2. Direct staff to revise the regulations and provide an additional public comment period, if <br />necessary. <br />Staff recommends the Committee forward the LGFTand LGG regulations as presented in this <br />agenda item to the Board for adoption. <br />IV. ANALYSIS <br />Staff received the following comment: <br />Comment: Modify the unqualified independent certified public accountant opinion <br />requirement by allowing a qualified opinion for a fixed asset exception. <br />Response: Staff concurs with EPA's analysis of and its final criteria for the Local <br />Government Financial Test. The requirement for the unqualified independent certified public <br />accountant opinion adds greater assurance that governments using the test can appropriately <br />manage the assured landfill costs. This comment was noted but not accommodated. No <br />modification was made to the regulations. <br />M20,= <br />This rulemaking is based on new Federal regulations issued in 1996 (40 CFR Part 258.74). <br />According to the Public Resources Code (PRC), section 43601 operators of solid waste landfills <br />are required to use financial assurance mechanisms in federal regulations developed by EPA or <br />through the use of any other mechanisms approved by the CIWMB. PRC section 43601 also <br />allows the CIWMB to condition the use of a mechanism in federal law. Addition of the LGFT <br />and LGG to current state financial assurance regulations assures operators that all allowable <br />mechanisms can be found in one place, and that the financial assurance regulations are complete. <br />The proposed regulations provide public operators with financial assurance alternatives for <br />postclosure maintenance and corrective action costs. The proposed regulations do not allow the <br />use of the new mechanisms to assure closure costs. <br />The LGFT regulation defines an operator's eligibility to use the LGFT. In order to pass either <br />X1 <br />C <br />11 <br />