Cal. Code Regs. Tit. 22, § 66264.142 - Cost Estimate for Closure
(a) The owner or operator shall prepare and
submit to the Department a detailed written estimate, in current dollars, of
the cost of closing the facility in accordance with the requirements in
sections 66264.111 through
66264.115 and applicable closure
requirements in sections
66264.178,
66264.197,
66264.228,
66264.258,
66264.280,
66264.310,
66264.351,
66264.601 through
66264.603, and
66264.1102.
(1) The estimate shall be submitted in
accordance with sections
66270.10 and
66270.14. The estimate shall equal
the cost of final closure at the point in the facility's active life when the
extent and manner of its operation would make closure the most expensive, as
indicated by its closure plan (see section
66264.112(b)).
(2) The closure cost estimate shall be based
on the costs to the owner or operator of hiring a third party to close the
facility. A third party is a party who is neither a parent nor a subsidiary of
the owner or operator . (See definition of parent corporation in section
66260.10.) The owner or operator
may use costs for on-site disposal if it can be demonstrated that on-site
disposal capacity will exist at all times over the life of the
facility.
(3) The closure cost
estimate shall not incorporate any salvage value that may be realized with the
sale of hazardous wastes, or non-hazardous wastes if applicable under section
66264.113(d),
facility structures or equipment , land, or other assets associated with the
facility at the time of partial or final closure .
(4) The owner or operator shall not
incorporate a zero cost for hazardous wastes, or non-hazardous wastes if
applicable under section
66264.113(d),
that might have economic value.
(b) During the active life of the facility,
the owner or operator shall adjust the closure cost estimate for inflation
within 60 days prior to the anniversary date of the establishment of the
financial instrument(s) used to comply with section
66264.143. For owners and
operators using the financial test or corporate guarantee, the closure cost
estimate shall be updated for inflation within 30 days after the close of the
firm 's fiscal year and before submission of updated information to the
Department as specified in section
66264.143(f)(3).
The adjustment shall be made by recalculating the maximum costs of closure in
current dollars, or by using an inflation factor derived from the most recent
Implicit Price Deflator for Gross National Product published by the U.S.
Department of Commerce in its Survey of Current Business , as specified in
subsections (b)(1) and (2) of this section. The inflation factor is the result
of dividing the latest published annual Deflator by the Deflator for the
previous year.
(1) The first adjustment is
made by multiplying the closure cost estimate by the inflation factor. The
result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted closure cost estimate by the latest inflation
factor.
(c) During the
active life of the facility, the owner or operator shall revise the closure
cost estimate no later than 30 days after the Department has approved the
request to modify the closure plan , if the change in the closure plan increases
the cost of closure . The revised closure cost estimate shall be adjusted for
inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the
following at the facility during the operating life of the facility: the latest
closure cost estimate prepared in accordance with subsections (a) and (c) of
this section and, when this estimate has been adjusted in accordance with
subsection (b) of this section, the latest adjusted closure cost
estimate.
Notes
2. Amendment of subsection (a) and NOTE filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following
3. Amendment of subsection (a) and NOTE refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following
4. Amendment of subsection (a) and NOTE refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following
5. Amendment of subsection (a) and NOTE refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following
6. Certificate of Compliance as to 10-24-94 order transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Amendment of subsections (a)(3)-(4) and NOTE filed 6-20-96; operative 7-20-96 (Register 96, No. 25).
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.142.
2. Amendment of subsection (a) and Note filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following
3. Amendment of subsection (a) and Note refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following
4. Amendment of subsection (a) and Note refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following
5. Amendment of subsection (a) and Note refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following
6. Certificate of Compliance as to 10-24-94 order transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
7. Amendment of subsections (a)(3)-(4) and Note filed 6-20-96; operative 7-20-96 (Register 96, No. 25).
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