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CALRECYCLE NON-WATER RELEASE CORRECTIVE ACTION COST ESTIMATES IMPLEMENTATION INFORMATION Regulation Development Regulations for non-water release corrective action cost estimates were adopted by CalRecycle in December 2009, approved by Office of Administrative Law in April 2010, and became effective July 1, 2010. The pertinent regulations are located in Title 27, California Code of Regulations (27CCR), sections 21100-21103. Due Date The regulations apply to landfills that operated on or after July 1, 1991, and require landfill operators to submit non-water release corrective action estimate(s) with the first permit review or revision application due on or after July 1, 2011. For those closed landfills without closure permits, the due date is specified under 27CCR 21865 and is based on the acceptance of the closure certification. Closure Certification Acceptance Date Non-Water Release Estimate Due Date Prior to January 1, 1997 July 1, 2012 1997 through 2000 July 1, 2013 On or after January 1, 2001 July 1, 2014 Since permit reviews are due at least once every five years, the non-water release corrective action (CA) estimate due date cannot be later than June 30, 2016, under any circumstances. Cost Estimate Requirements The default non-water release CA estimate is for the replacement of the final cover. This estimate may be a new estimate based on site specific conditions, or the operator may use the most recently approved closure costs adjusted for the entire permitted landfill and current unit costs. Alternatively, in lieu of the final cover replacement estimate, the operator may prepare a corrective action plan. Corrective Action Plan (CAP) Requirements The CAP must analyze the potential damage from a series of causal events including: earthquake, precipitation, flood, tsunami, seiche, and fire and provide cost estimates for damage repair. The highest estimate for the various causal events becomes the non- water release CA estimate. In addition the CAP must analyze the long-term performance of the final cover. The CAP must be prepared by an independent third party (i.e., not the entity that prepared the current JTD or final closure plan or affiliated with the landfill owner/operator). The CAP preparer must also be a registered civil engineer or certified engineering geologist. March 2013