California Health and Safety Code

§ 25245

HSC § 25245 Effective Jan 1, 2010Div. 20 · Ch. 6.5 · Art. 12

Statute text

(a)The department shall adopt, and revise when appropriate, standards and regulations which shall do both of the following:

(1)Specify the financial assurances to be provided by the owner or operator of a hazardous waste facility that are necessary to respond adequately to damage claims arising out of the operation of that type of facility and to provide for the cost of closure and subsequent maintenance of the facility, including, but not limited to, the monitoring of groundwater and other aspects of the environment after closure. If the facility is required to obtain a permit under the federal act, the financial assurance shall be a trust fund, surety bond, letter of credit, insurance, or any other mechanism authorized under the federal act and the regulations adopted pursuant to the federal act. If the facility is not required to obtain a permit under the federal act, the financial assurance may include any other equivalent financial arrangement acceptable to the department.

(2)Provide that every hazardous waste facility can be closed and maintained for at least 30 years subsequent to its closure in a manner that protects human health and the environment and minimizes or eliminates the escape of hazardous waste constituents, leachate, contaminated rainfall, and waste decomposition products to ground and surface waters and to the atmosphere.

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Legislative history

Amended by Stats. 2009, Ch. 500, Sec. 52. (AB 1059) Effective January 1, 2010.