SECTIONS 43500-43510 - California Statutes

PUBLIC RESOURCES CODE

SECTION 43500-43510

43500. The Legislature hereby finds and declares that the long-term
protection of air, water, and land from pollution due to the
disposal of solid waste is best achieved by requiring financial
assurances of the closure and postclosure maintenance of solid waste
landfills.

43501. (a) A person owning or operating a solid waste landfill, as
defined in Section 40195.1, shall do both of the following:
(1) Upon application to become an operator of a solid waste
facility pursuant to Section 44001, certify to the board and the
local enforcement agency that all of the following have been
accomplished:
(A) The owner or operator has prepared an initial estimate of
closure and postclosure maintenance costs.
(i) The board shall adopt regulations that provide for an increase
in the initial closure and postclosure maintenance cost estimates to
account for cost overruns due to unforeseeable circumstances, and to
provide a reasonable contingency comparable to that which is built
into cost estimates for other, similar public works projects.
(ii) The board shall adopt regulations on or before January 1,
2008, that require closure and postclosure maintenance cost estimates
to be based on reasonably foreseeable costs the state may incur if
the state would have to assume responsibility for the closure and
postclosure maintenance due to the failure of the owner or operator.
Cost estimates shall include, but not be limited to, estimates in
compliance with Sections 1770, 1773, and 1773.1 of the Labor Code,
and the replacement and repair costs for longer lived items,
including, but not limited to, repair of the environmental control
systems.
(B) The owner or operator has established a trust fund or
equivalent financial arrangement acceptable to the board, as
specified in Article 4 (commencing with Section 43600).
(C) The amounts that the owner or operator will deposit annually
in the trust fund or equivalent financial arrangement acceptable to
the board will ensure adequate resources for closure and postclosure
maintenance.
(2) Submit to the regional water board, the local enforcement
agency, and the board a plan for the closure of the solid waste
landfill and a plan for the postclosure maintenance of the solid
waste landfill.
(b) Notwithstanding subparagraph (C) of paragraph (1) of
subdivision (a) or any other provision of law, if the owner or
operator is a county with a population of 200,000 or less, as
determined by the 1990 decennial census, the county shall not be
required to make annual deposits in excess of the amount required by
the federal act or any other applicable federal law, or by any
board-approved formula that meets the requirements of the federal
act.
(c) If not in conflict with federal law or regulations, a county
or city may, with regard to a solid waste landfill owned or operated
by the county or city, base its estimate of closure and postclosure
maintenance costs on the costs of employing county or city employees
or persons under contract with the county or city in performing
closure and postclosure maintenance. However, even if, to meet
federal requirements, the cost estimate is based on the most
expensive costs of closure and postclosure maintenance performed by a
third party, the county or city may, to effect cost savings, employ
county or city employees or employ persons under contract to actually
perform closure operations or postclosure maintenance operations.

43501.5. (a) In addition to the requirements of this article, and
Section 21780 of Title 27 of the California Code of Regulations, a
person who is required to file a final closure plan shall also file
with the enforcement agency a Labor Transition Plan that includes all
of the following:
(1) Provisions that ensure, subject to any requirements already
established pursuant to a collective bargaining agreement,
preferential reemployment and transfer rights of displaced employees
to comparable available employment with the same employer for a
period of no less than one year following the closure of the solid
waste facility.
(2) Provisions to provide displaced employees assistance in
finding comparable employment with other employers.
(3) Provisions to ensure compliance with all applicable provisions
of Chapter 4 (commencing with Section 1400) of Part of 4 of Division
2 of the Labor Code.
(b) When submitting the final closure plan, the operator shall
submit, in addition to the requirements of subdivision (a), a
certification to the board and the enforcement agency that the
provisions described in paragraphs (1) to (3), inclusive, of
subdivision (a), will be implemented, subject to any requirements
already established under a collective bargaining agreement.
(c) For the purposes of this section, "comparable employment"
means the same or a substantially similar job classification at equal
or greater wage and benefit levels in the same geographic region of
the state.

43502. All documentation relating to the preparation of the closure
and postclosure maintenance costs shall be retained by the owner or
operator and shall be available for inspection by the board or the
enforcement agency at reasonable times.

43503. The closure plan and the postclosure maintenance plan shall
be submitted not later than the first date after July 1, 1990, that
the solid waste facilities permit is required to be reviewed or
revised pursuant to Section 44015. The closure plans and postclosure
maintenance plans shall be included in that review. If the owner or
operator intends to close the solid waste landfill on or before
September 28, 1992, or if the solid waste landfill does not have
sufficient permitted capacity to operate after September 28, 1992,
the owner or operator shall submit the plans on or before July 1,
1990, or upon application to become an operator of a solid waste
facility pursuant to Section 44001.

43504. Pursuant to the procedural requirements in Chapter 3
(commencing with Section 44001), the enforcement agency or the board
may suspend or revoke a permit if the applicant fails within a
reasonable period of time to submit an acceptable plan for the
closure of the landfill and an acceptable plan for postclosure
maintenance of the landfill.

43505. The closure plan and the postclosure maintenance plan may be
revised only upon the filing of a written application therefor by
the owner or operator, and the approval, or amendment and approval,
by the board.

43506. (a) After receiving a complete closure plan and postclosure
maintenance plan, the regional water board shall approve or
disapprove the plans pursuant to the authority and time schedules
specified in Division 7 (commencing with Section 13000) of the Water
Code. The board shall incorporate the action of the regional water
board and shall only approve plans that include an acceptable
mechanism for providing the necessary funds to implement the plans.
(b) In reviewing closure plans and postclosure maintenance plans
pursuant to this section, the regional water boards shall review and
take action on those portions of the plans which are related to the
protection of the waters of the state and the board shall review and
take action on the remaining portions of the plans.

43507. The owner and operator shall, regardless of any changes
occurring during the continued operation of the landfill, close and
maintain the landfill during postclosure in accordance with the most
recent closure plan and the most recent postclosure maintenance plan
approved by the board pursuant to this article. Upon receipt of the
final shipment of solid waste, the most recent closure and
postclosure maintenance plan shall become the governing document for
the disposal site.

43508. The board or the enforcement agency may recover any costs
incurred in meeting the requirements of this article by charging a
fee pursuant to Chapter 8 (commencing with Section 41900) of Part 2.

43509. (a) The board, in consultation with the state water board
and in compliance with Section 40055, shall adopt and amend
regulations specifying closure plan and postclosure maintenance plan
adoption procedures and uniform standards to implement Section 43601.
Regulations adopted pursuant to this section shall not include
standards and requirements contained in regulations adopted by the
State Water Resources Control Board pursuant to Division 7
(commencing with Section 13000) of the Water Code. The regulations
shall also require solid waste landfill owners or operators to
calculate, and periodically revise, cost estimates for closure and
for postclosure maintenance, for as long as the solid waste could
have an adverse effect on the quality of the waters of the state, but
not less than 30 years after closure unless all wastes are removed
in accordance with federal and state law.
(b) The board may adopt regulations that authorize the adoption of
both preliminary and final closure and postclosure maintenance
plans. Regulations for preliminary closure and postclosure
maintenance plans may require less specificity and engineering detail
than final closure and postclosure maintenance plans, and these
regulations shall apply only in those cases in which there is
reasonable certainty that the solid waste landfill will not close for
at least one year following approval of the plans. Preliminary
closure and postclosure maintenance plans shall provide sufficient
detail to enable the owner or operator and the board to accurately
estimate the costs for closure and postclosure maintenance.
(c) If a solid waste landfill owner or operator has submitted a
closure plan and postclosure maintenance plan which satisfies the
requirements of this chapter, and which has been approved by the
local enforcement agency, the board, and the appropriate regional
water board, the plans shall be deemed to have satisfactorily
complied with all state requirements for the adoption of a closure
plan and postclosure maintenance plan.

43510. (a) The regulations adopted by the board pursuant to this
article and Article 4 (commencing with Section 43600) shall not
duplicate or conflict with the regulations imposing closure and
postclosure maintenance requirements adopted by the state water board
which are found in Chapter 15 (commencing with Section 2510) of
Chapter 3 of Title 23 of the California Code of Regulations.
(b) On or before June 30, 1995, the board and the state water
board shall revise the regulations adopted pursuant to this article
and Article 4 (commencing with Section 43600) of this chapter and
Section 13172 of the Water Code for the purpose of consolidating the
requirements of the board and the state water board for closure and
postclosure maintenance into one set of regulations.