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§ V450.13 BAR*S CALIFORNIA CODE OF REGULATI(M Title 22
<br />cordance with section 66270.11. The FTU owner or operator operating
<br />pursuant to permit by rule, or a generator operating pursuant to a grant
<br />of Conditional Authorization shall submit the certification to its CUPA
<br />or the authorized agency, that the FTU owner or operator operating pur-
<br />suant to permit by rule, or a generator operating pursuant to a grant of
<br />Conditional Authorization has sufficient financial resources to meet the
<br />closure cost requirements. Entities authorized to operate as of the effec-
<br />tive_date of these regulations who meet the conditions of this subdivision
<br />shall submit the signed original certification to the pertinent CUPA or the
<br />authorized agency, by January 1, 1997. The TTU owner or operator oper-
<br />ating pursuant to permit by rule shall submit to the Department certifica-
<br />tion that the TTU owner or operator has sufficient financial resources to
<br />meet the closure cost requirements. The certification for FTU operations
<br />which have not yet submitted their initial notifications shall accompany
<br />each initial notification required by sections 67450.2(a), 67450.3(a)(1)
<br />and 67450.3(a)(2). The certification for FTU operations which have not
<br />yet submitted their initial notifications shall accompany each initial noti-
<br />fication required by sections 67450.2(b)(3), 67450.3(c)(1) and
<br />67450.3(c)(2). The certification for a Conditionally Authorized genera-
<br />tor which has not yet submitted its initial notification shall accompany
<br />each initial notification required by Health and Safety Code section
<br />25200.3(e).
<br />(e) Notwithstanding the provisions of Chapter 45, a TTU or a facility
<br />operating pursuant to a permit by rule who meets the conditions of this
<br />section is not required to obtain financial assurance as specified in sub-
<br />section (a), paragraph (5), subparagraphs (A) through (G) for the costs
<br />of closure of such a treatment unit. A facility who meets the conditions
<br />of this section shall maintain a Certification (of Financial Assurance for
<br />Permit by Rule and Conditionally Authorized Operations page(s) of the
<br />Unified Program Consolidated Form (x/99) with a copy of the original
<br />signature of the owner or operator at the facility containing the reason(s)
<br />\uhy the owner or operator is eligible for this exemption. The FTU owner
<br />or operator who meets the conditions of this section shall submit the
<br />signed original 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) to the CUPA or the authorized agency,
<br />by January 1, 1997. If the submittal is independent of PBR notification
<br />required by Sections 67450.2(b) or 67450.3(c), then the submittal must
<br />include the Business Activities Page, and the Business Owner/Operator
<br />pages of the Unified Program Consolidated Form (x/99)). The TTU own-
<br />er or operator who meets the conditions of this section shall submit the
<br />signed original Certification of Financial Assurance for Permit by Rule
<br />and Conditionally Authorized Operations (DISC Form 1232) to the De-
<br />partment by January 1, 1997. The TTU owner or operator or FTU owner
<br />or operator operating pursuant to permit by rule shall meet the following
<br />condition on or after October 1, 1996, in order to be exempt from finan-
<br />cial assurance requirements:
<br />(1) Operated no more than thirty days in any calendar year.
<br />(f)(1) The CUPA or the authorized agency, shall agree to the termina-
<br />tion of the closure financial mechanisms as specified in subsection (a),
<br />paragraph (5), subparagraph (A) through (G), when:
<br />(A) The FTU owner or operator, or a generator operating pursuant to
<br />a grant of Conditional Authorization substitutes alternate financial assur-
<br />ance as specified in this section; or
<br />(B) The CUPA or the authorized agency, releases FTU owner or oper-
<br />ator, or a generator operating pursuant to a grant of Conditional Authori-
<br />zation from the requirements in accordance with subsection (g) of this
<br />section.
<br />(2) The Department shall agree to the termination of the closure finan-
<br />cial mechanisms as specified in subsection (a), paragraph (5), subpara-
<br />graph (A) through (G) for TTU owners or operators, when:
<br />(A) The TTU owner or operator substitutes alternative financial assur-
<br />ance as specified in this section; or
<br />(B) The Department releases the TTU owner or operator from the re-
<br />quirements in accordance with subsection (g) of this section.
<br />(g) Release of the TTU owner or operator, FTU owner or operator op-
<br />erating pursuant to permit by rule, or a generator operating pursuant to.
<br />a grant of Conditional Authorization from the requirements of this sec-
<br />tion:
<br />(1) Within 60 days after receiving certifications from the owner or op-
<br />erator of a FTU operating pursuant to permit by rule, and an independent
<br />professional engineer, registered in California, that a final closure has
<br />been completed in accordance with the prepared closure plan, the CUPA
<br />or the authorized agency, shall notify the owner or operator in writing that
<br />he or she is no longer required by this section to maintain financial assur-
<br />ance for final closure of the regulated unit(s) or the facility, unless the
<br />CUPA or the authorized agency, has reason to believe that final closure
<br />has not been conducted in accordance with the prepared closure plan. The
<br />CUPA or the authorized agency shall provide the owner or operator a de-
<br />tailed written statement of any such reason to believe that closure has not
<br />been conducted in accordance with the closure plan or any other closure
<br />performance standards.
<br />(2) Within 60 days after receiving notification from the generator op-
<br />erating pursuant to a grant of Conditional Authorization that final closure
<br />has been completed, the CUPA or the authorized agency, shall notify the
<br />generator in writing that he or she is no longer required by this section
<br />to maintain financial assurance for final closure of the regulated unit(s)
<br />or the facility, unless the CUPA or the authorized agency has reason to
<br />believe that final closure has not been conducted in accordance with the
<br />proper closure standards. -The CUPA or the authorized agency shall pro-
<br />vide the generator a detailed written statement of any such reason to be-
<br />lieve that closure has not been conducted in accordance with the closure
<br />performance standards.
<br />(3) When transfer of ownership or operational control of a facility oc-
<br />curs, and the new owner or operator of a FTU operating pursuant to per-
<br />mit by rule, ora generator operating under a Conditional Authorization,
<br />has demonstrated to the satisfaction of the CUPA or the authorized
<br />agency, that he or she is complying with the financial requirements of this
<br />section, the CUPA or the authorized agency shall notify the previous
<br />owner or operator, or a generator in writing that they are no longer re-
<br />quired to maintain financial assurance for closure of that particular facil-
<br />ity.
<br />(4) Within 60 days after receiving certifications from the owner or op-
<br />erator of a TTU operating pursuant to permit by rule, and an independent
<br />professional engineer, registered in California, that a final closure has
<br />been completed in accordance with the prepared closure plan, the Depart-
<br />ment shall notify the owner or operator in writing that he or she is no long-
<br />er required by this section to maintain financial assurance for final clo-
<br />sure of the regulated unit(s). If the Department has reason to believe that
<br />final closure has not been conducted in accordance with the prepared clo-
<br />sure plan, then prior to releasing the financial assurance mechanism the
<br />Department shall provide the owner or operator with a detailed written
<br />statement of any such reason to believe that closure has not been con-
<br />ducted in accordance with the closure plan or any other closure perform-
<br />ance standards.
<br />(5) When transfer of ownership or operational control of a TTU oc-
<br />curs, and the new owner or operator of TTU operating pursuant to permit
<br />by rule has demonstrated to the satisfaction of the Department that he or
<br />she is complying with the financial requirements of this section, the De-
<br />partment shall notify the previous owner or operator in writing that it is
<br />no longer required to maintain financial assurance for closure of that par-
<br />ticular facility.
<br />NOTE: Authority cited: Sections 208, 25150 and 25245, Health and Safety Code.
<br />Reference: Sections 25150, 25200.2, 25245 and 25245.4, Health and Safety Code.
<br />HISTORY
<br />1. Renumbering and amendment of former section 67450.4 to section 67450.13
<br />filed 10-23-91; operative 1-1-92 (Register 92, No. 12).
<br />2. Amendment of section heading and section filed 2-13-96 as an emergency; op-
<br />erative 2-13-96 (Register 96, No. 7). A Certificate of Compliance must be
<br />transmitted to OAL by 6-12-96 or emergency language will be repealed by op-
<br />eration of law on the following day.
<br />Page 758-338(b)(10) Register 2000, No. 15; 4-"14 - 2000
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