2009 California Public Resources Code - Section 48010-48013 :: Article 2.1. State Solid Waste Postclosure And Corrective Action Trust Fund

48010.  (a) (1) An operator of a landfill maintain evidence of
financial ability pursuant to Article 4 (commencing with Section
43600) of Chapter 2 of Part 4, that is operating the landfill on July
1, 2011, and that elects to participate in the State Solid Waste
Postclosure and Corrective Action Trust Fund pursuant to this
article, shall submit written notice to the board on or before July
1, 2011.
   (2) An operator of multiple landfills that elects to participate
in the State Solid Waste Postclosure and Corrective Action Trust Fund
is required to submit written notice that includes all of the
operator's operating landfills and all other landfills in which that
operator has in common ownership.
   (3) The board shall provide to the state board the name and
address, and any other information necessary to administer and
collect the fee imposed pursuant to paragraph (2) of subdivision (b)
of Section 48000, of every operator of a landfill electing to
participate in the State Solid Waste Postclosure and Corrective
Action Trust Fund on or before August 31, 2011.
   (b) If an operator that is operating a landfill on July 1, 2011,
submits a written notification to the board that it elects to
participate after the trust fund fee goes into effect, the operator
shall pay all trust fund fees applicable from January 1, 2012, and a
5-percent penalty before being allowed to participate.
   (c) For new landfills that receive a solid waste facility permit
after July 1, 2011, the operator's election to participate in the
State Solid Waste Postclosure and Corrective Action Trust Fund shall
be submitted in writing to the board before the board concurs in the
issuance of the permit pursuant to Section 44009.
   (d) All elections to participate made by landfill operators
pursuant to this section are final, binding, and irrevocable for
those operators and their successors and assignees.

48011.  (a) For the purposes of this article, "solid waste landfill"
means a disposal site that is required to maintain evidence of
financial ability pursuant to Part 4 (commencing with Section 43600)
of Chapter 2 of Part 4.
   (b) The board may expend money in the State Solid Waste
Postclosure and Corrective Action Trust Fund to pay for corrective
action and postclosure activities that have not been performed by the
owner or operator of a solid waste landfill, upon a determination by
the board that all of the following conditions are met:
   (1) The solid waste landfill owner or operator has failed to
comply with a final enforcement order issued by the enforcement
agency, the regional water board, or the board.
   (2) The financial assurance mechanisms are inadequate to pay for
the required corrective action or postclosure maintenance activities
or both that action and those activities.
   (3) The solid waste landfill was operating pursuant to a valid
solid waste facilities permit on or after January 1, 1988, when the
state's requirements for solid waste landfill financial assurances
went into effect as a result of Assembly Bill 2448 of the 1987-88
Regular Session, and is required to have financial assurances
pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of
Part 4.
   (4) The board has first used and exhausted all immediately
available financial assurance mechanisms provided by the operator.
   (5) The solid waste landfill owner and operator are otherwise
unable or unwilling to pay, in a timely manner, for the required
corrective action or postclosure maintenance activities or both that
action and those activities.
   (c) The board may adopt regulations, if necessary, setting forth
additional criteria for making expenditures from the State Solid
Waste Postclosure and Corrective Action Trust Fund.
   (d) Notwithstanding Section 10295 of the Public Contract Code, a
contract entered into by the board for the purposes of this article
is not subject to approval by the Department of General Services.
   (e) No liability or obligation is imposed on the state under this
article, and the board shall not incur any obligation beyond the
extent to which money is expended from the State Solid Waste
Postclosure and Corrective Action Trust Fund pursuant to this
article.
   (f) The board shall, to the maximum extent feasible, recover from
the landfill owner or operator the amount of money expended from the
State Solid Waste Postclosure and Corrective Action Trust Fund,
including a reasonable amount for any board contract administration
costs and an amount equal to the interest that would have been earned
on the expended funds. The board shall deposit all funds recovered
pursuant to an action authorized by this section into the State Solid
Waste Postclosure and Corrective Action Trust Fund.
   (g) The amount of any cost incurred by the board pursuant to this
section is recoverable from the landfill owner or operator in a civil
action brought by the Attorney General pursuant to Section 40432.
   (h) The board may, consistent with Section 48023.5, impose a lien
on the owner's or operator's assets or real property as an additional
remedy to recover funds from the operator for expenditures from the
State Solid Waste Postclosure and Corrective Action Trust Fund.

48012.

48013.  An operator of multiple landfills who is required to
maintain evidence of financial ability pursuant to Article 4
(commencing with Section 43600) of Chapter 2 of Part 4 and whose
landfills are operating on July 1, 2011, shall include all other
landfills in which that operator has in common ownership in the
letter of participation.