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®" Title 22 environmental Health Standards—Hazar9wwaste § 67450.13
<br />ating pursuant to permit by rule, or a generator operating pursuant to a
<br />grant of Conditional Authorization is exempt by subsection (e) of this
<br />section.
<br />G___,(b) The FTU owner or operator, operating pursuant to permit by rule,
<br />or a generator operating pursuant to a grant of Conditional Authorization
<br />shall submit a Certification of Financial Assurance for Permit by Rule
<br />and Conditionally Authorized Operations page(s) of the Unified Pro-
<br />gram Consolidated Form (x/99 for each FTU facility that a` aso e or
<br />mor Us, or CAtreatment location documen[mg c�ce with the
<br />closure cost assurance requirements of subsection (a) of this section. The
<br />TTU owner or operator, o t' t to a rule, shal sub-
<br />mit a Certificauon o in ranee for Pe u e an Condi-
<br />tionally ut onze perations DTSC 12 /96)] foreachTTU,docu-
<br />menti^ n`g'eoTII]iClaance with the closure cost assurance requirements of
<br />subsection (a) of this section. The certification for TTU operations shall
<br />accompany each initial notification required in sections 67450.2(a),
<br />67450.3(a)(1) and 674503(a)(2) unless the notification was previously
<br />submitted to the Department before January 1, 1997. The certification for
<br />PBR fixed treatment unit operations shall accompany each initial notifi-
<br />cation required in sections 67450.2(b)(2), 67450.2(b)(3)(G),
<br />674503(c)(1) and 674503(c)(2) unless the notifica ' n was previously
<br />submitted to the Department before January 1, T997Me certification for
<br />a Conditionally Authorized treatment location shall accompany each ini-
<br />tial notification required in Health and Safety Code section 25200.3(e)
<br />unless notification was previously submitted to the Department before
<br />January 1, 1997. The FTU owner or operator, operating pursuant to per-
<br />mit by rule, or a generator operating pursuant to a grant of Conditional
<br />Authorization who has previously submitted a notification to the Depart-
<br />ment before January 1, 1997, shall submit a copy of certification as iden-
<br />tified in this subsection along with a copy of financial assurance mecha-
<br />nism as specified in subsection (a), paragraph (5), subparagraphs (A)
<br />through (G) of this section to the CUPA or the authorized agency. The
<br />TTU owner or operator operating pursuant to permit by rule, who has
<br />submitted a notification to the Department before January 1, 1997, shall
<br />submit a copy of certification as identified in this subsection along with
<br />a copy of financial assurance mechanism as specified in subsection (a),
<br />paragraph (5), subparagraphs (A) through (G) of this section to the De-
<br />partment.
<br />(1) This certification shall contain the following information:
<br />(A) The current closure cost estimate of each unit as determined in sub-
<br />section (a) of this section.
<br />(B) The mechanism(s) established to provide the closure cost assur-
<br />ance for each unit, as described in subsection (a)(5) of this section, and
<br />the original document(s) used to satisfy the requirements of the mecha-
<br />nism(s).
<br />(C) The name and location of the financial institution, insurance com-
<br />pany, surety company, or other appropriate organization used to estab-
<br />lish the closure assurance for each unit.
<br />(D) The effective date of the closure assurance for the unit(s).
<br />(2) The certification shall be signed according to the requirements of
<br />section 66270.11 as those requirements apply to permit applications.
<br />(c) Alternative Financial Mechanisms for Closure Costs.
<br />(1)(i) The FTU owner or operator, or a generator operating pursuant
<br />to a grant of Conditional Authorization may establish financial assurance
<br />for closure by means of a financial mechanism other than those specified
<br />in subsection (a), paragraph (5), subparagraphs (A) through (G) of this
<br />section provided that, prior to its use, the mechanism has been submitted
<br />to and approved by a CUPA or the authorized agency. The mechanism
<br />shall be at least equivalent to the financial mechanisms specified in sub-
<br />section (a), paragraph (5), subparagraphs (A) through (G) of this section.
<br />A CUPA or the authorized agency, shall respond in writing within sixty
<br />(60) days of receipt and shall evaluate the equivalency of a mechanism
<br />principally in terms of:
<br />(A) Certainty of the availability of the funds for the required closure
<br />activities; and
<br />(B) The amount of funds that will be made available. A CUPA or the
<br />authorized agency, shall also consider other factors deemed to be. appro-
<br />priate, and shall require the owner or operator, or a Conditionally Autho-
<br />rized generator to submit additional information as is deemed necessary
<br />to make the determination.
<br />(ii) The TTU owner or operator may establish financial assurance for
<br />closure by means of a financial mechanism other than those specified in
<br />subsection (a), paragraph (5), subparagraphs (A) through (G) of this sec-
<br />tion provided that, prior to its use, the mechanism has been submitted to
<br />and approved by the Department. The mechanism shall be at least equiv-
<br />alent to the financial mechanisms specified in subsection (a), paragraph
<br />(5), subparagraphs (A) through (G) of this section. The Department shall
<br />respond in writing within sixty (60) days of receipt and shall evaluate the
<br />equivalency of a mechanism principally in terms of:
<br />(A) Certainty of the availability of the funds for the required closure
<br />activities; and
<br />(B) The amount of funds that will be made available.
<br />(2) The owner or operator, or a Conditionally Authorized generator
<br />shall submit to a CUPA or the authorized agency, the proposed mecha-
<br />nism together with a letter requesting that the proposed mechanism be
<br />considered acceptable for meeting the requirements of this section. The
<br />submission shall include the following information:
<br />(A) Name, address and telephone number of issuing institution; and
<br />(B) Hazardous waste facility identification number, name, address and
<br />closure cost estimate for each TTU, FTU facility or a generator who is
<br />operating pursuant to Conditional Authorization intended to be covered
<br />by the proposed mechanism; and
<br />(C) The amount of funds for closure to be assumed for each TTU, FTU
<br />facility or a generator who is operating pursuant to Conditional Authori-
<br />zation intended to be covered by the proposed mechanism; and
<br />(D) The terms of the proposed mechanism (period covered, renewal/
<br />extension, cancellation).'
<br />(3) The CUPA or the authorized agency, shall respond in writing to the
<br />FTU owner or operator, or a generator operating pursuant to a grant of
<br />Conditional Authorization of the determination made regarding the ac-
<br />ceptability of the proposed mechanism in lieu of the financial mecha-
<br />nisms specified in subsection (a), paragraph (5), subparagraphs (A)
<br />through (G) of this section. This written request shall be provided within
<br />sixty (60) days.
<br />(4) If a proposed mechanism is found acceptable, the FTU owner or
<br />operator, operating pursuant to permit by rule, or a generator operating
<br />pursuant to a grant of Conditional Authorization shall submit a fully ex-
<br />ecuted financial assurance document to the CUPA or the authorized
<br />agency. The document shall contain original signatures and shall be ac-
<br />companied by a formal certification of acknowledgment. The TTU own-
<br />er or operator, shall submit a fully executed financial assurance docu-
<br />ment to the Department.
<br />(5) If a proposed mechanism is found acceptable, except for the
<br />amount of the funds, the TTU owner or operator, FTU owner or operator,
<br />or a generator operating pursuant to a grant of Conditional Authorization
<br />shall either increase the amount of mechanisms or obtain other financial
<br />assurance mechanisms as specified in subsection (a), paragraph (5), sub-
<br />paragraphs (A) through (G) of this section. The amount of the funds
<br />available through the combination of mechanisms shall at least equal the
<br />current closure cost estimate.
<br />(6) If a proposed mechanism is found acceptable by the CUPA, or the
<br />authorized agency, the FTU owner or operator, or a generator operating
<br />pursuant to a grant of Conditional Authorization may request permission
<br />to fund the financial mechanism over a period not to exceed five (5) years
<br />as part of the request for an alternative mechanism described in subsec-
<br />tion (c)(1) of this section.
<br />(d) If the closure cost estimate as specified in subsections (a)(1) and
<br />(a)(2) of this section is not more than $10,000.00, the TTU owner or oper-
<br />ator or FTU owner or operator operating pursuant to permit by rule, or
<br />a generator operating pursuant to a grant of Conditional Authorization
<br />may comply with this section by submitting a certification signed in ac -
<br />Page 758338 (b) (9) Register 20'00, No. 15; 4-14-2000
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