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Article 12. Financial Responsibility and Closure and Maintenance of Facilities (Article 12 added by Stats. 1982, Ch. 90) 25245. (a) The department shall adopt and revise when appropriate, standards and regulations which shall do both of the following: (1) Specify the financial assurances to be provided by the owner or operator of a hazardous waste facility that are necessary to respon adequately to damage claims arising out of the operation of that type o facility and to provide for the cost of closure and subsequent maintenanc of the facility, including, but not limited to, the monitoring of ground water and other aspects of the environment after closure. The financial assurance shall be a trust fund, surety bond, letter of credit, or for facilities which manage solely non-RCRA hazardous waste, or any other equivalent financial arrangement acceptable to the department. (2) Provide that every hazardous waste facility can be closed a d maintained for 30 years subsequent to its closure in a manner that protects human health and the environment and minimizes or eliminates the escape of hazardous waste constituents, leachate, contaminated rainfall, and waste decomposition products to ground and surface waters and to the atmosphere. (b) In adopting regulations pursuant to subdivision (a) , to carry out the purposes of this chapter, the department may specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing evidence of financial responsibility. (1) If an owner or operator is in bankruptcy, reorganization, or other arrangement pursuant to Title 11 of the United States Code, or where, with reasonable diligence, the department cannot obtain jurisdiction in any state or federal court over an owner or operator likely to be solvent at the time of judgment, the department may assert any claim arising from conduct for which this section requires evidence of financial responsibility directly against the guarantor who provided the evidence of financial responsibility. (2) The total liability of any guarantor is limited to the aggregate amount which the guarantor has provided as evidence of financal responsibility to the owner or operator under this chapter. (3) This subdivision does not limit any other state or fede al statutory, contractual, or common law liability of a guarantor to the owner or operator, including, but not limited to, the liability of the guarantor for bad faith in either negotiating or in failing to negotito the settlement of any claim. (4) This subdivision does not diminish the liability of any per on under Section 107 or 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Secs. 9607 and 9611) . (5) For purposes of this subdivision, "guarantor" means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this section. (Amended by Stats. 1988, Ch. 1631. ) -195-