Closure and Postclosure Maintenance Costs Estimates

On February 25, 2008, the Office of Administrative Law (OAL) approved the regulations. The regulations became effective on the same date.

Description

Amendments to existing closure and postclosure maintenance regulations to clarify that cost estimates are to reflect the State's costs should the responsible party fail to perform closure or postclosure maintenance at a solid waste landfill. The regulations also clarify requirements for use of insurance and the financial means test and include cleanup language in the financial assurances regulations.

This rulemaking was the first phase of a two-phase rulemaking. The initial rulemaking effort, which began with a larger scope, was divided into two phases after direction provided on March 5, 2007 by the Permitting and Compliance Committee.

Affected Regulatory Code Sections

California Code of Regulations, Title 27, Division 2, Subdivision 1:

• Chapter 4, Subchapter 4
• Chapter 6, Subchapter 3, Article 1 and Article 2
• Appendix 3

Status

On February 25, 2008, the Office of Administrative Law (OAL) approved the regulations. The regulations became effective on the same date.

Contact

Michael Wochnick

Stakeholder Input

Notice of Public Workshops (Word, 106 KB), September 2007: Workshops were held on October 3 and 25, 2007, to solicit feedback on proposed regulation text.

Rulemaking Documents

Approved Text, February 2008 (MS Word, 258 KB): Final text of regulations approved by OAL on February 25, 2008.

Addendum to Final Statement of Reasons, February 2008 (MS Word, 34 KB): Addendum to the updated final statement of reasons explaining the purpose and intent of the regulations.

Updated Informative Digest, December 2007 (MS Word, 29 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.

Final Statement of Reasons, December 2007 (MS Word, 71 KB): Updated Statement of Reasons explaining the purpose and intent of the regulations.

Response to Comments, December 2007 (MS Word, 78 KB): Responses to comments received.

Adopted Text, December 2007 (MS Word, 258 KB): Regulatory text adopted by the Board on December 11, 2007.

Notice of 15-day Comment Period, November 2007 (MS Word, 104 KB)

Proposed Text, November 2007 (Word, 306 KB): Proposed regulatory text for 15-day notice.

Notice of Proposed Rulemaking, September 2007 (MS Word, 58 KB): Information published in the California Regulatory Notice Register 45 days prior to the end of the public comment period, which references the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.

Initial Statement of Reasons, August 2007 (MS Word, 62 KB): A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.

Proposed Text, August 2007 (MS Word, 311 KB): Proposed regulatory text for 45-day notice.

2nd Draft Informal Text, March 2007 (MS Word, 285 KB): Draft regulatory text.

More Information

None at this time.

Rulemaking History

On March 5, 2007, the chair of the Board's Permitting and Compliance Committee directed staff to initiate a 45-day public comment period. A 45-day public comment period on proposed text ran from September 28 through November 13, 2007. Board staff held a formal public hearing on November 14, 2007, to provide the public an opportunity to comment in person. At a special meeting on November 16, 2007, the Permitting and Compliance Committee directed staff to conduct an additional 15-day comment period for changes made to the proposed text in response to comments received. The comment period ran from November 16 through December 3, 2007. The Board adopted the proposed regulations at its December 11, 2007, meeting.

Board staff submitted the final regulations to the Office of Administrative Law (OAL) on January 10, 2008, for a 30 working day review.

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