SECTIONS 48010-48013 - California Statutes

PUBLIC RESOURCES CODE

SECTION 48010-48013

48010. (a) (1) An owner of a landfill for which evidence of
financial ability is maintained pursuant to Article 4 (commencing
with Section 43600) of Chapter 2 of Part 4, whose landfill is
operating on January 1, 2012, and that elects to participate in the
State Solid Waste Postclosure and Corrective Action Trust Fund
pursuant to this article, shall submit written notice to the
Department of Resources Recycling and Recovery on or before January
1, 2012.
(2) Except as provided in paragraph (3), an owner of multiple
landfills that elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund is required to submit
written notice that includes all of the owner's operating landfills
and all other landfills in which that owner has in common ownership.
(3) A landfill with multiple owners may participate only if all
owners of that landfill elect to participate. Participation of a
landfill with multiple owners shall not obligate a partial owner of
that landfill to include any other landfill at which that owner has
full or partial ownership.
(4) The Department of Resources Recycling and Recovery shall
provide to the state board the name and address, and any other
information necessary to administer and collect the fee imposed
pursuant to paragraph (2) of subdivision (b) of Section 48000, of
every owner of a landfill electing to participate in the State Solid
Waste Postclosure and Corrective Action Trust Fund on or before
February 29, 2012.
(b) If an operator that is operating a landfill on January 1,
2012, submits a written notification to the Department of Resources
Recycling and Recovery that it elects to participate after the trust
fund fee goes into effect, the operator shall pay all trust fund fees
applicable from July 1, 2012, and a 5-percent penalty before being
allowed to participate.
(c) For new landfills that receive a solid waste facility permit
after January 1, 2012, the owner's election to participate in the
State Solid Waste Postclosure and Corrective Action Trust Fund shall
be submitted in writing to the Department of Resources Recycling and
Recovery before the department concurs in the issuance of the permit
pursuant to Section 44009.
(d) All elections to participate made by landfill owners pursuant
to this section are final, binding, and irrevocable for those owners
and their successors and assignees.

48011. (a) For the purposes of this article, "solid waste landfill"
means a disposal site that is required to maintain evidence of
financial ability pursuant to Part 4 (commencing with Section 43600)
of Chapter 2 of Part 4.
(b) The board may expend money in the State Solid Waste
Postclosure and Corrective Action Trust Fund to pay for corrective
action and postclosure activities that have not been performed by the
owner or operator of a solid waste landfill, upon a determination by
the board that all of the following conditions are met:
(1) The solid waste landfill owner or operator has failed to
comply with a final enforcement order issued by the enforcement
agency, the regional water board, or the board.
(2) The financial assurance mechanisms are inadequate to pay for
the required corrective action or postclosure maintenance activities
or both that action and those activities.
(3) The solid waste landfill was operating pursuant to a valid
solid waste facilities permit on or after January 1, 1988, when the
state's requirements for solid waste landfill financial assurances
went into effect as a result of Assembly Bill 2448 of the 1987-88
Regular Session, and is required to have financial assurances
pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of
Part 4.
(4) The board has first used and exhausted all immediately
available financial assurance mechanisms provided by the operator.
(5) The solid waste landfill owner and operator are otherwise
unable or unwilling to pay, in a timely manner, for the required
corrective action or postclosure maintenance activities or both that
action and those activities.
(c) The board may adopt regulations, if necessary, setting forth
additional criteria for making expenditures from the State Solid
Waste Postclosure and Corrective Action Trust Fund.
(d) Notwithstanding Section 10295 of the Public Contract Code, a
contract entered into by the board for the purposes of this article
is not subject to approval by the Department of General Services.
(e) No liability or obligation is imposed on the state under this
article, and the board shall not incur any obligation beyond the
extent to which money is expended from the State Solid Waste
Postclosure and Corrective Action Trust Fund pursuant to this
article.
(f) The board shall, to the maximum extent feasible, recover from
the landfill owner or operator the amount of money expended from the
State Solid Waste Postclosure and Corrective Action Trust Fund,
including a reasonable amount for any board contract administration
costs and an amount equal to the interest that would have been earned
on the expended funds. The board shall deposit all funds recovered
pursuant to an action authorized by this section into the State Solid
Waste Postclosure and Corrective Action Trust Fund.
(g) The amount of any cost incurred by the board pursuant to this
section is recoverable from the landfill owner or operator in a civil
action brought by the Attorney General pursuant to Section 40432.
(h) The board may, consistent with Section 48023.5, impose a lien
on the owner's or operator's assets or real property as an additional
remedy to recover funds from the operator for expenditures from the
State Solid Waste Postclosure and Corrective Action Trust Fund.

48012.

48013. Except as provided in paragraph (3) of subdivision (a) of
Section 48010, an owner of multiple landfills for which evidence of
financial ability is maintained pursuant to Article 4 (commencing
with Section 43600) of Chapter 2 of Part 4 and whose landfills are
operating on January 1, 2012, shall include all other landfills in
which that owner has in common ownership in the letter of
participation.