1. (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. (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. (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.

2. (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.

   1. (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. (2) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.

   Postclosure care cost estimates must be adjusted as follows:

3. (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).
4. (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.

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.

History

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of section and Note filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).