Cal. Code Regs. Tit. 22, § 66265.144 - Cost Estimate for Post-Closure Care
(a) An owner or operator of a hazardous waste
disposal unit 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
66265.117 through
66265.120,
66265.228,
66265.258,
66265.280, and
66265.310.
(1) The postclosure cost estimate must 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 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
66265.117. The Department may
reset this period to 30 years each time the postclosure permit is issued or
renewed. This period will be determined consistent with determinations made in
section 66265.117.
(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
66265.145. For owners or operators
using the financial test or corporate guarantee, the postclosure care cost
estimate shall be updated for inflation no later than 30 days after the close
of the firm 's fiscal year and before submission of updated information to the
Department as specified in section
66265.145(e)(4).
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 in
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.
(1) The postclosure cost
estimate must 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 subsidiary of the owner or operator . (See definition of
parent corporation in section
66260.10).
(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 no later than 30 days after a revision to the
postclosure plan which increases the cost of postclosure care. If the owner or
operator has an approved postclosure plan , the postclosure cost estimate shall
be revised no later than 30 days after the Department has approved the request
to modify the 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) of this section.
(d) The 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)
of this section and, when this estimate has been adjusted in accordance with
subsection (b) of this section, the latest adjusted postclosure cost
estimate.
Notes
2. Amendment of subsections (a)-(b) and amendment of 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 265.144.
2. Amendment of subsections (a)-(b) and amendment of Note filed 10-24-2018; operative
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