Cal. Code Regs. Tit. 22, § 66264.144 - Cost Estimate for Postclosure Care
(a) An owner or operator of a disposal
surface impoundment, disposal miscellaneous unit, land treatment unit, landfill
unit, or a surface impoundment or waste pile required under section
66264.228 and section
66264.258 to prepare and submit to
the Department a contingent closure and postclosure plan, shall prepare and
submit to the Department a detailed written estimate, in current dollars, of
the annual cost of postclosure monitoring and maintenance of the facility in
accordance with the applicable postclosure regulations in sections
66264.117 through
66264.120,
66264.228,
66264.258,
66264.280,
66264.310, and
66264.603.
(1) The postclosure cost estimate shall be
based on the costs to the owner or operator of hiring a "third party" to
conduct postclosure care activities. 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).
(2) The postclosure cost estimate is
calculated by multiplying the annual postclosure cost estimate by 30 years or
as required under section
66264.117. The Department may
reset this period to 30 years each time the postclosure permit is issued or
renewed. This period must be consistent with determinations made under section
66264.117.
(b) During the active life of the facility,
the owner or operator shall adjust the postclosure 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
66264.145. For owners or operators
using the financial test or corporate guarantee, the postclosure cost estimate
shall be updated for inflation within 30 days after the close of the firm's
fiscal year and before the submission of updated information to the Department
as specified in section
66264.145(f)(5).
The adjustment shall be made by recalculating the postclosure cost estimate 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
paragraphs (1) and (2) of this subsection. The inflation factor is the result
of dividing the latest published annual Deflator by the Deflator for the
previous year.
Postclosure care cost estimates must be adjusted as follows:
(1) The first adjustment is
made by multiplying the postclosure cost estimate by the inflation factor. The
result is the adjusted postclosure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted postclosure cost estimate by the latest
inflation factor.
(c)
During the active life of the facility, the owner or operator shall revise the
postclosure cost estimate within 30 days after the Department has approved a
request to modify the postclosure plan, if the change in the postclosure plan
increases the cost of postclosure care. The revised postclosure cost estimate
shall be adjusted for inflation as specified in subsection (b).
(d) An owner or operator shall keep the
following at the facility during the operating life of the facility: the latest
postclosure cost estimate prepared in accordance with subsections (a) and (c)
and, when this estimate has been adjusted in accordance with subsection (b),
the latest adjusted postclosure cost estimate.
Notes
2. Amendment of section and NOTE filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
Note: Authority cited: Sections 25150, 25159, 25159.5, 25200.21, 25245, 58004 and 58012, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.144.
2. Amendment of section and Note filed 10-24-2018; operative
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