§ 21110. CIWMB -Time Frames for Closure. (T14:Section 17763, parts of Section 17258.60 and 17258.61)
(a) Within thirty (30) days of receipt of the final shipment of waste to a discrete unit or if the entire disposal site has reached permitted capacity, the operator shall begin implementation of the closure schedule as specified in the approved closure plan.
(1) If a solid waste landfill that has remaining permitted capacity is inactive for 12 consecutive months, the operator shall begin closure activities in accordance with the time frames specified in the closure plan unless granted an extension pursuant to ¶(b)(3).
(2) If the average annual waste disposal rate to a solid waste landfill is reduced for two consecutive years to a rate equal to or less than thirty (30) percent of the average annual tonnage rate during the previous ten years (exclusive of the minimum and maximum tonnage years), the operator shall begin closure activities in accordance with the time frames specified in the closure plan unless granted an extension pursuant to ¶(b)(3).
(3) Extensions beyond the deadline for beginning closure may be approved by the EA, for up to five years at a time, if all of the following conditions are met:
(A) The operator demonstrates that the landfill has the capacity to receive additional wastes and is likely to receive additional wastes;
(B) The operator demonstrates that the reduction in disposal tonnage is for a purpose other than the avoidance or delay of closure;
(C) The operator has taken and will continue to take the steps necessary to prevent threats to public health and safety and the environment from the unclosed landfill;
(D) CIWMB concurs with the EA-approved extension.
(A) The operator applying for an extension shall apply for a closure timeline extension at least 120 days prior to the anticipated date that the landfill waste flow rate will meet the limits specified in ¶(b)(1) or ¶(b)(2) above.
(B) Should the landfill waste flow rate unexpectedly meet the limits specified in ¶(b)(1) or ¶(b)(2) above, the operator shall apply for a closure timeline extension within 60 days of the date that the landfill waste flow rate meets the limits specified in ¶(b)(1) or ¶(b)(2) above.
(C) The application shall include, at a minimum, information that demonstrates compliance with the criteria in ¶(b)(3) and shall contain any additional information required by the EA.
(A) The EA shall act upon the time extension request by approving, denying, or requesting additional information within 60 days of receipt of the application. If the EA does not act upon the request within 60 days, the request will be deemed to have been approved.
(B) The CIWMB shall act upon the time extension request by concurring, denying, or requesting additional information within 60 days of written notification of the EA's approval. If the CIWMB does not act upon the request within 60 days, the request will deemed to have been concurred with.
(C) If the EA or CIWMB denies an extension request, such denial shall be based on a written finding that:
(i) One or more of the conditions in § 21110(b)(3) have not been met; or
(ii) Approval of the extension request would result in significant adverse impacts to public health and safety or the environment in contravention of the CIWMB's statutes and regulations.
(6) Within 30 days of receiving a closure timeline extension, the operator shall submit an application for permit review, pursuant to § 21640, to the EA. If the EA determines that a revised SWFP is required, the revised SWFP may include additional and/or revised conditions requiring, but not limited to, partial closure, enhanced intermediate cover, or other operational conditions based on the reduced waste flow rate and in consideration of the need for additional environmental protections beyond the existing permit conditions.
(7) If a time extension is not approved, the operator shall begin implementation of closure schedule as specified in the approved closure plan within 30 days following receipt of the decision of the EA or CIWMB.
(8) An operator of a landfill which meets the waste flow levels specified in ¶(b)(1) and ¶(b)(2) does not need to request an extension from closure provided both of the following conditions are met:
(A) The operator submits a final closure and postclosure maintenance plan within six (6) months of the effective date of the regulation and
(B) The operator permanently ceases accepting waste at the landfill within two (2) years of the effective date of the regulation.
(9) Subsections (b)(1)-(8) apply to the entire solid waste landfill and not to individual discrete units.
(c) Closure activities shall adhere to the time frames specified in the approved closure plan.
(d) In the event that the time frames for completion of specific activities cannot be adhered to due to adverse weather or other factors not in the control of the operator, then the time frames may be lengthened based upon those specific factors.
(1) The operator shall notify the EA of any change in schedule due to adverse weather or other factors not in their control. The notification shall be made as soon as the operator becomes aware of a needed change.
(2) The EA may deny the change requested pursuant to ¶(d)(1) if the factors justifying the change are in the control of the operator.
(e) The owner or operator of a solid waste landfill must complete closure activities in accordance with the approved closure plan within 180 days following the beginning of closure. Extensions of the closure period may be granted by the EA and concurred by the CIWMB and RWQCB if the owner or operator demonstrates that closure will, of necessity, take longer than 180 days and the owner or operator has taken and will continue to take all steps to prevent threats to human health and safety and the environment from the unclosed solid waste landfill. Timeline extensions will generally be approved through the approval of the closure and postclosure maintenance plans.(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, 43103 and 44004, Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Government Code.
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