Section 22207 - SWRCB - Closure Funding Requirements. [C15: ss 2574(f&g) and 2580(f)] (California Code of Regulations)

§ 22207. SWRCB - Closure Funding Requirements. [C15: ss 2574(f&g) and 2580(f)]

The requirements of this section apply to dischargers who own or operate a Class II, or Class III waste management unit (Unit) or a mining waste management unit (mining Unit).

(a) Unit Closure Funding -At Class II and Class III Units for which the CIWMB does not require a closure fund, the RWQCB shall require the discharger to establish an irrevocable closure fund (or to provide other means) pursuant to the CIWMB-promulgated sections of this chapter but with the RWQCB named as beneficiary, to ensure closure of each classified Unit in accordance with an approved plan meeting all applicable SWRCB-promulgated requirements of this subdivision. For solid waste disposal sites, the RWQCB shall coordinate with the CIWMB, pursuant to s20950(f).

(b) Mining Unit Closure Funding -For mining Units only, the discharger shall provide for adequate funding to pay for the costs of closure as required by the mining regulations of Article 1, Subchapter 1, Chapter 7 of this division (s22470 et seq.). The discharger shall provide assurance of financial responsibility acceptable to the RWQCB. The RWQCB shall periodically review financial assurances for mining Units and shall modify the financial assurances as necessary to provide continued compliance with this section. If a lead agency acting under the authority of s2774(a) of the Public Resources Code requires assurances of financial responsibility for a mining Unit, these assurances can be used to fulfill the requirement under this paragraph, provided that:

(1) the RWQCB approves the assurance; and

(2) the RWQCB is named as alternate payee.

(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)

Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13263, and 13267, Water Code; and Section 43103, Public Resources Code.

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