Laserfiche WebLink
<br />2-7 <br /> <br />2.0 REGULATORY SETTING <br />The financial assurance regulations for corrective action plan (CAP) cost estimates are contained in <br />Sections 22220 and 22221, Article 4, Subchapter 2, Chapter 6, Title 27 of the California Code of Regulations <br />(Title 27 CCR §22220 and §22221). Title 27 CCR §22220 requires the owners / operators of disposal <br />facilities to demonstrate the availability of financial resources to conduct corrective action activities. Title <br />27 CCR §22221 requires owners / operators to demonstrate financial responsibility to the Department of <br />Resources Recycling and Recovery (CalRecycle) for initiating and completing corrective action for all <br />known or reasonably foreseeable non-water releases from the disposal facility. <br />The corrective action program must have a detailed written cost estimate, in current dollars, of the cost <br />of hiring a third party to perform the corrective action. The corrective action cost estimate must account <br />for the total costs of corrective action activities as described in the CAP for the entire corrective action <br />period. The owner / operator must annually adjust the estimate for inflation until the corrective action <br />program is completed. <br />The operator must increase the corrective action cost estimate, and the amount of financial assurance <br />provided, if changes in the CAP or disposal facility conditions increase the maximum costs of corrective <br />action. The operator may also reduce the amount of the corrective action cost estimate, and the amount <br />of financial assurance provided, if the cost estimate exceeds the maximum remaining costs of corrective <br />action. CalRecycle generally requires the Regional Water Quality Control Board (RWQCB) to also approve <br />any modifications to the corrective action cost estimate. <br />CalRecycle is also responsible for approving post-closure maintenance cost estimates under Section <br />21840. The costs that are to be included in the post-closure maintenance cost estimate are as follows: <br /> Site security. <br /> Maintenance and integrity of the final cover including material acquisition, labor, and <br />placement for repair of the final cover as required due to the effects of settlement, slope <br />failure, or erosion. <br /> Maintenance of vegetation including fertilization, irrigation, and irrigation system <br />maintenance. <br /> Monitoring, operation and maintenance (O&M) of the environmental monitoring and control <br />systems, including, but not limited to, the landfill gas (LFG), leachate, and groundwater <br />systems. <br /> Maintenance of the stormwater drainage and erosion control systems including clearing <br />materials that block drainage conveyances; and repairing drains, levees, dikes and protective <br />berms. <br />Therefore, these items would not need to be accounted for in the corrective action cost estimate. Notably, <br />among these items is the integrity of the final cover. <br />2.1 NWRCAP Requirements <br />In accordance with §22101(b)(1), the non-water release CAP cost estimate shall be calculated in one of <br />the following two ways: <br /> §22101(b)(1)(A) - By providing a new estimate of the cost of complete replacement of the final <br />cover, including, but not limited to, the cost of removing the existing cover and preparing for