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Title'2 EnvirolMnLal Health SL.andards-Hazardous Wastjgh, S oo'oo•� :' 66265.1 16 and 66265.119(x) have been filed with the local zoning au- NOTE: Authority cited: Sections 208. 25150.25159. ^_5159.5 and 25245. Health thority or the authority with jurisdiction over local land use and with the and Safety Code. Reference: Section 2. -15. Health and Safety Cody. 40 CF'Z. Section :65.140. Deparunenc and (2) submiL. to the Department. a certification signed by the owner or operator that the notation specified in subsection (b)(1) of this section has been recorded and a copy of the document in which the notation has been placed. (c) If at any time the owner or ooerator or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues. the liner. if any. and all contaminated structures. equipment. and underlying and Sur- roundins soils. the owner or operator shall request a modification to the approved post -closure plan in accordance with the requirements of sec- tion 66265.118(2). The owner or operator shall demonstrate that the re- moval of hazardous wastes will satisfy the criteria of section 66265.117(d). By removing hazardous waste. the owner or operator may become a generator of hazardous waste and shall manage it in accordance with aLl applicable requ iremenLs of this division. If the owner or operator is granted approval to conduct the removal activities. and the removal ac- tivities are completed to the satisfaction of the Department. the owner or operator may request That the Depannrent approve either. (1) the removal of the notation on the deed to the facility property or other instrument normally examined during title search. or (2) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste. Nom- Authoritycited: Sections 208.25150.25159 and 25245. Health and Safety Code. Ref.-rence: Secuons 25159.'_5159.5.'_5'_45 and 25246. Health and Safety Code: 40 CFR Secuon 265.119. HISTORY New section filed 5-24--91'. operative 7-1-91 (Resister 91. No. 32). § 66265.120. Certification of Completion of Post -Closure Care. No later than 60 da}S after the. ccnnpletion of the established post -clo- sure care period for each hazardous waste disposal unit. the owner or op- erator shall submit to the Department- by registered mail. a certification that the post -closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post -closure plan. The certification shall be signedby the owneror oper- ator and an independent qualified professional engineer. registered in Califomia. Documentation supporting the independent registered, quali- f Fed professional engineer's certification shall be fumisbed to the Depart- ment upon request until the Department releases the owner or operator from the Financial assurance requirements for post -closure care under section 66265.145(h). NOTE: Authoritycited: Sections 208.'_5150.25159 and 25245. Health and Safety Code. Reference: Sections 25159.25159 {.:52.5 and 25246. Health and Safety Code: 40 CFR Section 265.120. HISTORY 1. New section filed 5-24-91: operative 7-1-91 (Resister 91. No. 22). Article 8. Financial Requirements ¢ 66265.140. Applicability. (a) The requirements of sections 66265.142. 66265.143. and 66265.147 throu eh 66265.148 apply to owners or ooerators of all hazard- ous waste facilities. as defined in section 66260.10. except as provided otherwise in this article. (b) The requirements of sections 66265.144 and 66265.146 apply only to owners and operators of hazardous waste facilities which are disposal sites and tank systems that are required under section 66265.197 to meet the requirements for landitIlS. (c) States and the Federal government are exempt from the require- ments of this subpart. (d) For ourooses of this article. state government shall not include mu- niclpaI. !ocai. city. county. city -:county special district government or any subdivisions thereof. HISTORY 1. New section filed 5-2-1-91: operative 7-1-91 (Re zist: r 91. No. 22). § 66265.141. Definitions As Used in This Article. (a) The fotlowins terms. as dei coed in section 66260.10. are used in the specifications for the Financial tests for closure. post -closure care. and liability coverage. The definitions are intended to assist in the under- standing of these regulations and are not intended to limit the meanings of terms in a way that coaf)ictc with generally accepted accounting prac- tices. "Assets" **Current assets - "Current liabilities" "Current plugging and abandonment cost estimate" "Independently audited" "Liabilities" "Net working capital" "Net worth". "Substantial business relationship- "Taneible net worth" (b) In the liability coverage requirements the terms "bodily injury" and "property damage" as defined in section 66260.10 shall have the mean- ings given these terms b}applicable State law. However. these terms do not include those liabilities which. consistent with standard industry practice. are excluded from coverage in liability policies forbodilyiniury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their coronion meanings within the insurance industrv. The definitions eivenbelow• anddefned in section 66260.10 are intended to assist in the understanding, of these regulations and are not intended to limit their meanings in a wary that conflicts with general insurance industry usage. "Accidental occurrence" "Legal defense costs" "Nonsudden accidental occurrence" "Sudden accidental occurrence" NOTE: Authority cited: Sections 208.25150.1-5159. 25159.5 and 25245. HeaItlt and Safery Code. Reference: Section 25215. Health and Safety Code. 40 CFR Section 265.141. HISTORY 1. New section filed 5-24-91: operative 7-1-91 (Resister 91. \o. 22). 66265.142. Cost Estimate for Closure. (a) The owner or operator shall prepare and subunit to the Department a detailed written estimate. in current dollars. of the cost of closing the facility in accordance with the requirements in sections 66265.1I1 through 66265.115 and applicable closure requirements of sections 66265.178. 66265.197.66265.1178. 66265.58. 66265.280. 66265.310. 66265.351.66265.381 and 66265.404. (1) The estimate shall be submitted in accordance with sections 66270.10 and 66270.1. The estimate shall equal the cost of final closure at the point in the facility's active life when the extent and manner of its ooeration would make closure the most expensive. as indicated by its clo- sure plan (see section 66265.112(b)). (2) The closure cost estimate shalt be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260. 10.) The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times over the life of the facility. (3) The closure cost estimate shall not incorporate any salvage value :hat may be realized by the sale of hazardous wastes. facility structures or equipment. land or other fac iiiLv assets at the time of partiai or final CIO - sures. (4) Tae owner or operator shall not ncorporate a zero cost for hazacd- cus waste that misht have eccacmic v3iue. Page 758.67 M1CL 11 C. r. \0..9- -