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6 `450.13 BARCIS CALIFORNIA CODE OF REGULATIOIS Title 22
<br />liner, provided the container or inner liner is first rinsed as provided in
<br />Implicit Price Deflator for Gross National Product as published by the
<br />subsection (a)(1 1)(A) of this section and the rinseate is removed from the
<br />U.S. Department of Commerce in its Survey of Current Business. The in -
<br />container or inner liner.
<br />flation factor is the result of dividing the latest published annual Deflator
<br />(12) Multi-component resins may be treated by the following process:
<br />by the Deflator of the previous year.
<br />(A) Mixing the resin components in accordance with the manufactur-
<br />(A) The first adjustment is made by multiplying the closure cost esti-
<br />er's instructions.
<br />mate by the inflation factor. The result is the adjusted closure cost esti-
<br />(13) A waste stream technology combination certified by the Depart-
<br />mate.
<br />ment pursuant to Section 25200.1.5 of the Health and Safety Code as ap-
<br />.— (B) Subsequent adjustments are made by multiplying the latest ad-
<br />propriate for authorization under Permit by Rule.
<br />justed closure cost estimate by the latest inflation factor.
<br />(b) For purposes of this section an aqueous waste is defined as a waste _,� (3) The TTU owner or operator or FTU owner or operator shall revise
<br />containing water, and less than or equal to one percent of suspended sol-
<br />the closure cost estimate whenever a change in the closure plan increases
<br />ids, as measured by Method 209C described in "Standard Methods for
<br />the cost of closure. The revised closure cost estimate shall be adjusted for
<br />Examination of Water and Wastewater," 16th Edition, published jointly
<br />inflation as specified in subsection (a)(2) of this section. The owner or
<br />by the American Public Health Association, the American Water Works
<br />operator shall maintain the following at the facility during the operating
<br />Association, and the American Pollution Control Federation, 1985.
<br />life of the facility: the latest closure cost estimate prepared in accordance
<br />(c) Treatment residuals and effluents generated from the operation of
<br />with subsection (a)(1) of t s section, and the latest closure cost estimate
<br />a TTU or FTU shall be subject to the requirements of chapter 6.5 of divi-
<br />adjusted in accordance with subsection (a)(2) of this section.
<br />sion 20 of the Health and Safety Code and of this division, and shall be
<br />(4) A generator operating pursuant to a grant of Conditional Authori-
<br />the responsibility of the generator of the waste influent treated by the
<br />zation shall revise the closure cost estimate whenever a change occurs
<br />TTU or FTU. Treatment residuals and effluents generated during closure
<br />that increases the cost 1 ci tee. The revised closure cost estimate shall
<br />of a TTU or FTU shall be subject to the requirements of chapter 6.5 of
<br />be adjusted for inflation as specified in subsection (a)(2) of this section.
<br />division 20 of the Health and Safety Code and of this division and shall
<br />The owner or operator shall maintain the following at the facility during
<br />be the responsibility of the TTU or FTU owner or operator.
<br />the operating life of the facility: the latest closure cost estimate prepared
<br />NOTE: Authority cited: Sections 25150, 58004 and 58012, Health and Safety
<br />in accordance with subsection (a)(1) of this section, and the latest closure
<br />Code. Reference: Sections 25150, 25200 and 25200.2, Health and Safety Code.
<br />cost estimate adjusted in accordance with subsection (a)(2) of this sec -
<br />HISTORY
<br />1. Renumbering and amendment of former section 67450.3 to section 67450.11
<br />filed 10-23-91; operative 1-1-92 (Register 92, No. 12).
<br />tion.
<br />(5) On or after October 1, 1996, financial assurance for closure of a
<br />2. Change without regulatory effect amending subsections (a), (a)(6), (a)(7) and
<br />(a)(12)(A), adding new subsection (a)(13) and amending NOTE filed 3-26-97
<br />TTU, FTU, or treatment unit operated by a generator authorized pursuant
<br />to a grant of Conditional Authorization shall be obtained by one of the
<br />pursuant to section 100, title 1, California Code of Regulations (Register 97, No.
<br />following methods:
<br />13).
<br />(A) a closure trust fund, as described in section 66265.143(a);
<br />§ 67450.13. Financial Assurance for Closure of
<br />(B) a surety bond guaranteeing payment into a closure trust fund, as
<br />Transportable Treatment Units and Fixed
<br />described in section 66265.143(b);
<br />Treatment Units Which Are Authorized Under
<br />(C) a closure letter of credit, as described in section 66265.143(c);
<br />Permit by Rule and Generators Who Are
<br />(D) closure insurance, as described in section 66265.143(d);
<br />Authorized Under Conditional Authorization.
<br />(E) a financial test and corporate guarantee for closure, as described
<br />(a) Notwithstanding any other requirements of this article, this section
<br />in section 66265.143(e);
<br />shall apply to all owners or operators of transportable treatment units
<br />(F) Use of multiple financial mechanisms for closure costs as de-
<br />(TTUs) (as defined in section 66260.10) deemed to have a permit by rule
<br />scribed in section 66265.143(g); or
<br />pursuant to section 67450.2(a), with owners or operators of fixed treat-
<br />(G) an alternative financial mechanism for closure costs, as described
<br />ment units (FTUs) (as defined in section 66260.10) deemed to have a per-
<br />in sections 66265.143(f), or subsection (c) of this section. A certificate
<br />mit by rule pursuant to section 67450.2(b), and generators operating pur-
<br />of deposit, as described in section 3-104(2)(c) of the Uniform Commer-
<br />suant to a grant of Conditional Authorization (CA) (as defined in Health
<br />tial Code, or a savings account as described in section 4-104(a) of the
<br />R, safety r'ndP Rection 25110.9.1(a)). AHencies of the State and Federal
<br />Uniform Commercial Code, are examples of alternative financial mecha-
<br />governments are exempt from the requirements of this section. Por pur-
<br />poses of this section, state government shall not include municipal, local,
<br />city, county, city–county special district government or any subdivisions
<br />thereof.
<br />(1) The TTU owner or operator, FIII owner or operator, or a generator
<br />oper ,tin pursuant to aitional Authorizations alai 1 re are
<br />a written estimate of the cost of closin each unit. The estimate shall
<br />equal the actual cost or the costs estimated by an owner or operator o
<br />generator that would be incurred for closing a treatment unit when using
<br />the owner or operator or generator's own staff and/or personal equip-
<br />ment. The closure cost estimate may take into account any salvage value
<br />that may be realized from the sale of wastes, facility structure or equip-
<br />ment, land or other facility assets. This estimate shall be submitted as an
<br />attachment to the Certification of Financial Assurance for Pertmt by Rule
<br />and Conditionally Authorized OpejWi= page(s) of the Unified Pro-
<br />gram �rrtt Fnrm (x/9911.
<br />(2) The TTU owner or operator, FTU owner or operator, or a generator
<br />operating pursuant to a grant of Conditional Authorization shall adjust
<br />the closure cost estimate for inflation by March 1 of each year. The ad-
<br />justment s 1 be made as specified in subsections (a)(2)(A) and
<br />(§A(9VR1 of this section. usine an inflation factor derived from the annual
<br />nisms.
<br />(6) A FTU owner or operator, or a generator operating pursuant to a
<br />grant of Conditional Authorization may request permission to fund the
<br />financial mechanism over a period not to exceed five (5) years from the
<br />CUPA or the authorized agency. The request to the CUPA or authorized
<br />agency, shall contain the reason(s) and information as specified in sub-
<br />sections (c)(1) and (c)(2) of this section. A CUPA or the authorized
<br />agency, shall evaluate and respond to each request in writing within sixty
<br />(60) days of receipt.
<br />(7)(A) Notwithstanding any other provision of regulation, financial
<br />assurance for closure of a FTU, operated pursuant to permit by rule, or
<br />treatment unit operated by a generator authorized pursuant to a grant of
<br />Conditional Authorization shall establish the CUPA, or the authorized
<br />agency, as the beneficiary of any financial documents to be submitted to
<br />comply with the requirements of this section.
<br />(B) Financial assurance for closure of a TTU shall establish the De-
<br />partment as the beneficiary of any financial documents to be submitted
<br />to comply with the requirements of this section.
<br />(8)(A) On and after January 1, 1997, a financial assurance mechanism
<br />shall be submitted with the certification required in subsection (b) to the
<br />CUPA or the authorized agency, unless the FTU owner or operator, oper-
<br />Page 758.338 (b) (8) Register 2000, No. 15; 4=14-2000
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