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WASTE DISCHARGE REQUIREMENTS ORDER NO. R5-2009-0049 -��- SAN JOAQUIN COUNTY DEPARTMENT OF PUBLIC WORKS HARNEY LANE LANDFILL SAN JOAQUIN COUNTY 45. The Discharger has been conducting postclosure maintenance and monitoring of the landfill since 1995 in accordance with a 1994 Revised Postclosure Maintenance Plan, PCMP. Provision G.6 of these WDRs requires that the Discharger submit an updated PCMP to reflect current operations and requirements under this Order. 46. Based on a 2004 aerial survey, the Discharger estimates that the landfill cover (including LHC layer) has settled up to four feet since closure in 1994. The steepest landfill side slopes have flattened to about 3HAV. COST ESTIMATES AND FINANCIAL ASSURANCES 47. The Discharger is required to demonstrate financial assurances for postclosure maintenance to the California Integrated Waste Management Board (CIWMB) pursuant to Title 27 section 22210(b), since the landfill operated after January 1, 1988. The Discharger has estimated the cost of landfill postclosure maintenance and monitoring in 2008 dollars to be $98,750 per year. In 1993, the CIWMB approved a Pledge of Revenue agreemen prove ed by the Discharger to cover the estimated annual cost of landfill postclosure maintenance and monitoring. This agreement is still in effect. Provision G.6.a requires that the Discharger provide updated cost estimates, as necessary under these WDRs, for postclosure maintenance and monitoring, while Provision G.7.a requires that the Discharger provide and maintain updated financial assurances to the CIWMB in the amount of such updated cost estimates, as approved by the Regional Water Board. 48. The Discharger.is required to demonstrate financial assurances for corrective action to the CIWMB pursuant to Title 27 section 22220(b), since the landfill operated after July 1, 1991. Title 27 section 22221(a) requires that such corrective action funding be sufficient to address a known or reasonably foreseeable release, as approved by the Regional Water Board. In October 2008, Regional Water Board staff approved an estimate of approximately $1,471,000(in 2008 dollars) submitted by the Discharger for corrective action financial assurances, based on costs necessary to address VOC impacts to groundwater from an additional (i.e., reasonably foreseeable) release of LFG from the landfill. In January 2009, the CIWMB approved the corrective action financial assurances mechanism (a Pledge of Revenue) provided by the Discharger in the amount of the estimated cost estimate ($49,034 per year over 30 years). Provision G.6.b requires that the Discharger provide updated an cost estimate, as necessary under these WDRs, for corrective action, while Provision G.7.b requires that the Discharger provide and maintain updated financial assurances to the CIWMB in the amount of the updated cost estimate, as approved by the Regional Water Board. CEQA AND OTHER CONSIDERATIONS 49. The action to revise the WDRs is exempt from the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), in accordance with Title 14, CCR Section 15301 for existing facilities. 50. Section 13267(b) of California Water Code provides that: "In conducting an investigation specified in subdivision (a), the Regional Water Board may require that