Section 21100 - CIWMB - Scope and Applicability. (T14:s17760) (California Code of Regulations)

§ 21100. CIWMB - Scope and Applicability. (T14:s17760)

(a) This article sets forth the performance standards and the minimum substantive requirements for proper closure, postclosure maintenance and ultimate reuse of disposal sites. The EA may require the operator or owner to address site-specific conditions as part of the solid waste facility permit or any plan needed for closure of the site to ensure that public health and safety and the environment are protected. [For water quality aspects of closure and/or postclosure maintenance, refer to requirements set forth in s20950.]

(b) The regulations contained in this article apply to:

(1) disposal sites that did not complete closure prior to November 18, 1990, in accordance with all applicable requirements; and

(2) new postclosure activities that may jeopardize the integrity of previously closed disposal sites or pose a potential threat to public health and safety or the environment.

(c) All closure plans submitted after the effective date of the regulations shall conform to the regulations in this article. Closure plans submitted prior to the effective date of this article that have been deemed complete and for which detailed comments have been supplied by the CIWMB and the EA within 12 months of the original submittal date shall not need to be resubmitted. Closure plans submitted prior to the effective date of this article that have been deemed complete but for which detailed comments have not yet been supplied by the CIWMB and the EA may not need to be resubmitted.

(d) Closed sites for which closure plans were not approved pursuant to s20164 or s21099, and illegal or abandoned disposal sites which pose a threat to public health and safety or the environment shall implement the provisions of these regulations as required by the EA.

(e) [Reserved]

(f) The EA shall apply these regulations to non-MSWLF units, except for disposal sites that have received household or commercial wastes, only as necessary to protect public health and safety, until such time as those non-MSWLF units or disposal sites have been placed into the regulatory tier structure set forth in Subchapter 2 of Chapter 4 (s21460 et seq.) The EA shall implement these regulations in coordination with RWQCB or other agencies as applicable.

[Note: Subsection (e) (reserved) has been added to address closure of disposal sites which have been or will be slotted by the Board into regulatory tiers (e.g. non-MSWLF construction and demolition landfills and monofills for ash and contaminated soils).]

(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. New subsections (b)(1)-(b)(9), subsection relettering, amendment of newly designated subsections (d)(2) and (e) and amendment of Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).)

Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 43103, Public Resources Code, and Section 66796.22(d), Government Code.

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