§ 21860. CIWMB -Schedules for Review and Approval of Closure and Postclosure Maintenance Plans. (T14:Section 18271)
(a) The schedule for review and approval must conform to provisions of this section. An alternative schedule may be proposed by the operator provided it complies with applicable statute and the EA, RWQCB, and CIWMB concur.
(b) The CIWMB shall coordinate the review of the closure and postclosure maintenance plans unless, on an individual plan basis, the EA or RWQCB requests to be the coordinating agency and the other reviewing agencies concur. The operator shall be notified in writing of the alternative coordinating agency. The coordinating agency shall coordinate all phases of the plan review and perform the duties as delineated in this section. The coordinating agency shall be responsible for coordinating the resolution of any conflicts among the reviewing agencies and to coordinate with the operator to facilitate approval of the plans.
(c) Within 30 days of receipt, closure and postclosure maintenance plans shall be deemed complete by default unless the RWQCB, the EA, or the CIWMB determines and informs the operator that the plan is incomplete pursuant to applicable CIWMB and SWRCB requirements. If determined to be incomplete, the EA, the RWQCB, and the CIWMB shall provide to each other and to the operator a list of specific items missing from the submittal.
(d) If the closure and postclosure maintenance plans is determined by the RWQCB, the EA, or the CIWMB to be incomplete, the operator shall resubmit revised closure and postclosure maintenance plans incorporating all items deemed to be missing from the prior submittal within 60 days following such determination, unless the EA, the RWQCB, and the CIWMB approve an alternate schedule.
(e) Within 120 days of receipt of complete closure and postclosure maintenance plans, the EA, RWQCB, and CIWMB shall complete a detailed review of the submittal, and the reviewing agencies shall submit their comments to the coordinating agency. The complete closure and postclosure maintenance plans shall be deemed approved by that agency unless, within the specified timeframes (120 days for a reviewing agency, 130-days for the coordinating agency), a reviewing or coordinating agency determines and informs the operator that the plans cannot be approved because of lack of compliance with applicable CIWMB or SWRCB requirements. Within 10 days of receipt of the comments, the coordinating agency shall compile all comments and forward them to them to the operator.
[Note: As required by Water Code sections 13263(f) and 13264(a) and (a)(2), unless concurring without comment, the RWQCB must also convey the rejection or acceptance of the proposal directly to the owner/operator by the end of the 120-day review period.]
(f) If the closure and postclosure maintenance plans are disapproved by the EA, the RWQCB, or the CIWMB, the operator shall resubmit revised closure and postclosure maintenance plans that ensure compliance with applicable requirements, within 60 days following such determination, unless the EA, the RWQCB, and the CIWMB approve an alternate schedule.
(g) The procedures of subsections (e) and (f) shall be repeated until all comments by the EA, RWQCB, and CIWMB have been adequately addressed, except the review period specified in (e) shall be the greater of 60 days or the alternative schedule approved in (f), but in no case shall be more than 120 days.
(h) Within 10 days after determining that the closure and postclosure plans are in compliance with applicable requirements, the EA and the RWQCB shall inform the CIWMB by letter that they have approved the closure and postclosure maintenance plans. The RWQCB shall provide copies of any WDR adopted or revised as a result of the review and approval process.
(i) Within 10 days of receipt of the approval letters from the EA and the RWQCB, the CIWMB shall determine if an approval letter for the plans can be issued by the CIWMB. The CIWMB shall not approve the plans if the CIWMB determines that the closure and postclosure maintenance plans are not consistent with state minimum standards, inadequate due to substantive deficiencies in the plan or in the financial assurance mechanism, or the mechanism is not adequately funded for that point in the landfill's life.
(j) If the CIWMB does not approve the closure and postclosure maintenance plans, it shall provide to the operator an explanation of its action and reasons for disapproval and shall provide notice to the EA and the RWQCB.(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Amendment filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).)
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5 and 43103, Public Resources Code.
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