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WASTE DISCHARGE REQUIREMENTS ORDER R5-2015-0058-01 -35- SAN JOAQUIN COUNTY DEPARTMENT OF PUBLIC WORKS FOOTHILL SANITARY LANDFILL, INC. FOOTHILL LANDFILL SAN JOAQUIN COUNTY FINANCIAL ASSURANCES 148. The Discharger is required to demonstrate financial assurances for closure and postclosure maintenance to the California Department of Resources Recycling and Recovery (CalRecycle) pursuant to Title 27, sections 22205 and 22210 (i.e., the landfill operated on or after January 1, 1988). See also Standard Financial Assurance Provision H.1, SPRR. 149. Title 27, sections 21820 and 22206 require a cost estimate for landfill closure. The cost estimate must be equal to the cost of closing the landfill at the point in its active life when the extent and manner of operation would make closure the most expensive. When closing units in phases, the estimate may account for closing only the maximum area or unit of a landfill open at any time. The 30 July 2010 PC/PCMP provided a lump sum cost estimate for closure of the entire landfill (i.e., the largest future area needing closure at any one time absent phased closure) consistent with Title 27, section 21820(a)(1)(b). The total estimated cost of landfill closure, including 20% contingency, was $26,651,400 in 2010 dollars. These WDRs require that the Discharger submit revised closure cost estimates consistent with the requirements of this Order (e.g., separate, prior closure of LF-1; phased closure of LF-2). See Closure and Postclosure Specification E.3.c. 150. Title 27 requires that the Discharger provide and maintain financial assurances to CalRecycle in at least the amount of the closure cost estimate (i.e., in the currently approved PC/PCMP submitted under previous WDRs or this Order), as annually adjusted for inflation. See Financial Assurances Specification. The Discharger has established an enterprise fund account (San Joaquin County Resolution No. 90- 1190) funded from solid waste revenues as the financial assurances mechanism for landfill closure financial assurances per Title 27, section 22228. As of 2014, the balance of the closure fund was $3,360,455. 151. Title 27, sections 21840 and 22211 require a cost estimate for landfill post-closure maintenance. The Discharger’s 30 July 2010 PC/PCMP included a cost estimate for landfill post-closure maintenance. The total estimated annual cost for postclosure maintenance and monitoring provided in the PC/PCMP, including 20% contingency, was $1,443,100 in 2010 dollars. The corresponding 30-year cost was $43,293,000 in 2010 dollars. See Finding 144. This Order requires that the Discharger maintain financial assurance with CalRecycle in at least the amount of the post-closure maintenance cost estimate adjusted annually for inflation. As of 2014, the balance of the post-closure maintenance fund was $1,845,158. In 1994, CalRecycle approved a Pledge of Revenue Agreement (Resolution No. 94-1137) proposed by the Discharger per title 27, section 22228 as the postclosure financial assurances mechanism for the site. This agreement is still in effect.