1. (a) Non-Mining Units--At Class II and Class III Units for which the CIWMB does not require a closure fund, the RWQCB shall require the discharger to establish an irrevocable fund (or to provide other means) pursuant to the CIWMB-promulgated sections of this chapter but with the RWQCB named as beneficiary, to ensure post-closure maintenance of each classified Unit in accordance with an approved plan meeting all applicable requirements of this subdivision. For solid waste landfills, the RWQCB shall coordinate with the CIWMB, pursuant to § 20950(f).

2. (b) Mining Units--The discharger shall provide for adequate funding to pay for the costs of closure post-closure maintenance at mining Units, as required by the mining regulations of Article 1, Subchapter 1, Chapter 7 of this division (§ 22470 et seq.). The discharger shall provide assurance of financial responsibility acceptable to the RWQCB. The RWQCB shall periodically review financial assurances for mining Units and shall modify the financial assurances as necessary to provide continued compliance with this section. If a lead agency acting under the authority of § 2774(a) of the Public Resources Code requires assurances of financial responsibility for a mining Unit, these assurances can be used to fulfill the requirement under this paragraph, provided that:

   1. (1) the RWQCB approves the assurance; and
   2. (2) the RWQCB is named as alternate payee.

The requirements of this section apply to dischargers who own or operate a Class II or Class III waste management unit (Unit) or a mining waste management unit (mining Unit).

Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13263, and 13267, Water Code; and Section 43103, Public Resources Code.

History

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).