Section 22225 - Minimum Closure and/or Postclosure Maintenance and/or Reasonably Foreseeable Corrective Action Fund Balance Calculation. (T14:Section18282) (California Code of Regulations)

§ 22225. Minimum Closure and/or Postclosure Maintenance and/or Reasonably Foreseeable Corrective Action Fund Balance Calculation. (T14:Section18282)

(a) Except as provided in ¶(b), and § 22228, an operator using a trust fund or an enterprise fund to demonstrate financial responsibility for closure and/or postclosure maintenance and/or reasonably foreseeable corrective action costs shall maintain a fund balance equal to or exceeding the amount specified by the following provisions:

(1) By each anniversary date of the establishment of the fund, the operator shall submit the following information to the CIWMB. The estimates shall be consistent with the information in the solid waste landfill's current Report of Disposal Site Information specified in § 21680, and/or the most recently submitted closure plan, or postclosure maintenance plan, and/or reasonably foreseeable corrective action cost estimate.

(A) A demonstration of the minimum fund balance calculation as required in ¶(a)(2);

(B) The annual capacity filled during the past year;

(C) The cumulative capacity filled;

(D) The remaining cost estimate;

(E) The remaining permitted capacity; and

(F) The total permitted capacity.

(2) On each anniversary date of the establishment of the fund, the minimum fund balance shall be increased by the quantity determined by the following formulas:

(A) For anniversary dates that occur before December 31, 1993, the minimum deposit is calculated by, (Cf/Ct) X E = minimum deposit, where Cf is the annual capacity filled, Ct is the total permitted capacity, and E is the current closure and/or postclosure cost and/or reasonably foreseeable corrective action costs estimate(s) covered by the fund; and

(B) For anniversary dates that occur on or after December 31, 1993, the minimum deposit is calculated by, (Cf/Cr) X Er = minimum deposit, where Cf is the annual capacity filled, Cr is the remaining permitted capacity, Er is the remaining closure and/or postclosure cost and/or reasonably foreseeable corrective action costs estimate(s) to be funded.

(3) The fund must be fully funded by the time the last shipment of waste has been received at the disposal facility.

(4) The CIWMB may approve a change of the anniversary date of the establishment of the fund only once, and at the written request of the operator. The operator may execute the anniversary date change only after the CIWMB has approved the change.

(b) If an operator establishes a trust fund or enterprise fund after using one or more alternate mechanisms specified in this Article, the initial payment into the fund must be at least the amount that the fund would contain if the trust fund or enterprise fund were established initially and annual payments were made according to the formula(s) specified in this section.

(1. New subchapter 3, article 1 (sections 22225-22237) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. New addendum to subchapter heading and amendment of article heading filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).)

Note: Authority Cited: Section 40502, Public Resources Code. Reference: Sections 43103 and 43501, Public Resources Code.

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