California Public Resources Code

§ 43601

PRC § 43601 Effective Jan 1, 2013Div. 30 · Part 4 · Ch. 2 · Art. 4

Statute text

(a)The evidence of financial ability shall be sufficient to meet the closure and postclosure maintenance costs when needed.

(b)The owner or operator of a solid waste landfill shall provide evidence of financial ability through the use of any of the mechanisms set forth in Part 258 (commencing with Section 258.1) of Title 40 of the Code of Federal Regulations or through the use of any other mechanisms approved by the department. However, the department may adopt regulations that reasonably condition the use of one or more of those mechanisms to ensure adequate protection of public health and safety and the environment, but shall not exclude the use of any mechanism permitted under federal law. In addition, the evidence of financial ability submitted pursuant to Section 43600 shall provide that funds shall be available to the regional water boards upon the issuance of any order under Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code to implement closure and postclosure activities.

(c)The state water board or the appropriate regional water board shall have access to the financial assurance funds for closure and postclosure activities, and to financial assurance funds for corrective action, as necessary, to address water quality problems, if the owner or operator of the solid waste landfill has failed to implement the required closure and postclosure activities or corrective action activities.

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Legislative history

Repealed (in Sec. 3) and added by Stats. 2012, Ch. 713, Sec. 4. (AB 480) Effective January 1, 2013. Section operative January 1, 2018, by its own provisions.