Section 22249.5 - CalRecycle - Local Government Guarantee (California Code of Regulations)

§ 22249.5. CalRecycle - Local Government Guarantee

(a) The guarantor shall be a local government which meets the requirements of the Local Government Financial Test under § 22249 of this Article based on the guarantor's audited year-end financial statements.

(b) The guarantee shall be worded and completed as specified by form CalRecycle 113 (03/17), which is incorporated by reference.

(c) When the guarantee specifies coverage for postclosure maintenance costs, the terms shall also specify:

(1) If the operator fails to perform postclosure maintenance in accordance with the applicable approved postclosure maintenance plan when required to do so, the guarantor shall either:

(A) Perform, or pay a third party to perform, postclosure maintenance in accordance with the applicable approved postclosure maintenance plan; or

(B) Establish and fund a trust fund as specified in § 22240 of this Article, in the name of the operator in the amount of the applicable current postclosure maintenance cost estimate covered by the guarantee; and/or

(d) When the guarantee specifies coverage for corrective action costs, the terms shall also specify:

(1) If the operator fails to perform corrective action in accordance with the applicable approved corrective action plan when required to do so, the guarantor shall either:

(A) Perform, or pay a third party to perform, corrective action in accordance with the applicable approved corrective action plan; or

(B) Establish and fund a trust fund as specified in § 22240 of this Article, in the name of the operator in the amount of the applicable current corrective action cost estimate covered by the guarantee; and/or

(e) The guarantee will remain in force unless the guarantor fails to meet the requirements of §§ 22249 and/or 22249.5 of this Article, or wishes to terminate the guarantee. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the operator and the CIWMB, as evidenced by return receipts.

(1) The guarantor shall send a notice of cancellation by certified mail to the operator, and CalRecycle, within 180 days after the end of that financial reporting year. The guarantee shall terminate no less than 120 days after the date that the operator and CalRecycle received the notice of cancellation, as evidenced by the return receipts.

(2) If the guarantee is cancelled, the operator shall establish alternate assurance as specified in § 22228 of Article 1 of this Subchapter within 60 days after such notice.

(3) If the operator fails to provide alternate financial assurance:

(A) The operator shall send notice of such failure by certified mail to the guarantor, and CalRecycle, within the same 60 day period; and

(B) The guarantor must provide alternate assurance as specified in § 22228 of Article 1 of this Subchapter within 60 days after the date of the operator's notice.

(f) CalRecycle may require updated financial statements at any time from a guarantor. If the CIWMB finds that the guarantor no longer meets the local government financial test or guarantee requirements of sections 22249 and/or 22249.5 of this Article, CalRecycle shall notify the guarantor and operator of such finding by certified mail. If CalRecycle notifies the guarantor and the operator that the guarantee is no longer acceptable, the operator and guarantor shall comply with Section 22 249.5 (e) (2) and (3) of this Article.

(g) Only a guarantee for payment, rather than performance of work, may be combined with another payment mechanism to assure the amount of required coverage specified in §§ 22206, 22211, 22216, and/or 22221 of Subchapter 2.

(1. New section filed 11-23-98; operative 12-23-98 (Register 98, No. 48). 2. Editorial correction of subsection (e)(1) (Register 2008, No. 9). 3. Amendment filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4(Register 2008, No. 9). 4. Change without regulatory effect amending section heading and subsections (b), (e)(1), (e)(3)(A) and (f) and amending form CalRecycle (formerly CIWMB) 113 (incorporated by reference) filed 12-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 50).)

Note: Authority Cited: Sections 40502 and 43601.5, Public Resources Code. Reference: Sections 43500- 43610.1, Public Resources Code; Part 258.74(f) and (h), Title 40, Code of Federal Regulations.

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