§ 21820. CalRecycle - Closure Cost Estimates
(a) The operator shall provide a written cost estimate, in current dollars, of the cost of hiring a third party to close the landfill in accordance with the submitted closure plan. Cost estimates shall meet the following criteria:
(1) Cost estimates shall equal 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, as indicated by the closure plan;
(A) When closing units in phases, according to the requirements of partial closure, the estimate may account for closing only the maximum area or unit of a landfill open at any time, or
(B) If not closing units in phases pursuant to ¶(a)(1)(A), the estimate shall account for the entire permitted landfill except for those areas certified closed by CalRecycle, RWQCB, and EA pursuant to § 21880;
(2) Cost estimates shall include the cost of activities necessary to close the site pursuant to ¶(b). Closure cost estimates shall always be high enough to ensure that, if, at any time, the landfill had to begin to close, the cost of activities for closure would not exceed the cost estimate. To reflect the potential for premature closure, each cost estimate shall include all activities required for closure yet to be completed at the time of preparation of the estimate;
(3) Cost estimates shall include or reflect the design, materials, equipment, labor, administration and quality assurance necessary for closure;
(4) The total closure cost estimate shall be increased by a factor of 20% to account for cost over-runs due to unforeseen circumstances, such as adverse weather conditions and inadequate site characterization, which would result in increased closure costs. The operator may apply to CalRecycle for, and CalRecycle may approve, a contingency percentage of less than 20% at the time that the final closure plan is approved, provided that CalRecycle finds that a lesser percentage will provide acceptable coverage of potential cost overruns;
(5) The operator shall increase the closure cost estimate when changes to the plan or at the landfill increase the cost of closure; and
(6) The operator may reduce the closure cost estimate when changes to the plan or at the landfill decrease the costs of closure. The request for reduction shall be submitted to CalRecycle for approval.
(b) Closure cost estimates shall include, but are not limited to, the following information:
(1) If the documents are preliminary closure and postclosure maintenance plans, an estimate of the cost of developing final closure and postclosure maintenance plans;
(2) an estimate of the cost to prepare plans and specifications, bidding documents, and other construction related documents; and
(3) an estimate of the cost of closure activities including schedules for implementation activities. The activities described shall include, but are not limited to, an estimate of the cost:
(A) to install or upgrade site security;
(B) for structure removal;
(C) to install or upgrade the monitoring and control systems, including landfill gas, leachate, and ground water systems if one or more of these systems is required by CalRecycle, RWQCB, or EA.
(D) to install the final cover; and
(E) to install or upgrade drainage and erosion control systems.(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Amendment of section heading, section and Note filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9). 3. Amendment of section heading, new subsections (a)(1)(A)-(B) and amendment of subsections (a)(2), (a)(4), (a)(6) and (b)(3)(C) filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).)
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020, 43021 and 43103, Public Resources Code.
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