Section 25245.4 Of Article 12. Financial Responsibility And Closure And Maintenance Of Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 12.
25245.4
. (a) (1) (A) On and before September 30, 1996, a facility
or transportable treatment unit operating pursuant to a
permit-by-rule is exempt from any standard or regulation requiring
the provision of financial assurances for the costs of closing a
treatment unit of the facility authorized under a permit-by-rule or
closing the transportable treatment unit that is adopted by the
department pursuant to paragraph (1) of subdivision (a) of Section
25245.
(B) On and after October 1, 1996, a facility or transportable
treatment unit operating pursuant to a permit-by-rule under the
regulations adopted by the department regarding transportable
treatment units and fixed treatment units, which are contained in
Chapter 45 (commencing with Section 67450.1) of Division 4.5 of Title
22 of the California Code of Regulations, shall provide financial
assurances for the costs of closing a treatment unit of the facility
authorized under a permit-by-rule under those regulations, or closing
the transportable treatment unit, as specified in the standards and
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and subdivision (d), unless the
facility or transportable treatment unit is exempt from those
financial assurance requirements pursuant to this chapter. A facility
operating pursuant to a permit-by-rule which operates not more than
30 days in any calendar year is not required to provide financial
assurances for the costs of closure of such a treatment unit pursuant
to paragraph (1) of subdivision (a) of Section 25245.
(2) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is exempt from any standard or regulation
requiring the provision of financial assurances for third-party
liability that is adopted by the department pursuant to paragraph (1)
of subdivision (a) of Section 25245.
(3) A facility or transportable treatment unit operating pursuant
to a permit-by-rule is not required to provide financial assurances
for postclosure maintenance pursuant to paragraph (2) of subdivision
(a) of Section 25245, unless the department determines, pursuant to
the regulations adopted by the department, that the facility is
required to obtain a postclosure permit.
(b) (1) (A) On and before September 30, 1996, a conditionally
authorized generator who treats waste pursuant to Section 25200.3 is
exempt from any standard or regulation requiring the provision of
financial assurance for the costs of closing the conditionally
authorized units that is adopted by the department pursuant to
paragraph (1) of subdivision (a) of Section 25245.
(B) On and after October 1, 1996, a conditionally authorized
generator who treats waste pursuant to Section 25200.3 shall provide
financial assurances for the costs of closing the conditionally
authorized units, as specified in the standards and regulations
adopted by the department pursuant to paragraph (1) of subdivision
(a) of Section 25245 and subdivision (d).
(2) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3 shall not be required to
provide financial assurances for third-party liability damages
pursuant to paragraph (1) of subdivision (a) of Section 25245.
(3) A generator operating under a grant of conditional
authorization pursuant to Section 25200.3, shall not be required to
provide financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department that the generator is required to obtain a postclosure
permit.
(c) Notwithstanding any other provision of law, a person who
treats waste pursuant to a grant of conditional exemption under this
chapter is exempt, for those activities, from any standards or
regulations adopted by the department pursuant to paragraph (1) of
subdivision (a) of Section 25245 and is not required to provide
financial assurances for the costs of closing the treatment units or
for damage claims arising out of the operations of the unit pursuant
to paragraph (1) of subdivision (a) of Section 25245, or to provide
financial assurances for postclosure maintenance pursuant to
paragraph (2) of subdivision (a) of Section 25245, unless the
department determines, pursuant to the regulations adopted by the
department, that the person is required to obtain a postclosure
permit.
(d) (1) On or before February 1, 1996, the department shall adopt
regulations to implement subparagraph (B) of paragraph (1) of
subdivision (a) and subparagraph (B) of paragraph (1) of subdivision
(b).
(2) The regulations adopted pursuant to this subdivision may be
adopted as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(3) The adoption of regulations pursuant to this subdivision is an
emergency and shall be considered by the Office of Administrative
Law as necessary for the immediate preservation of the public peace,
health and safety, and general welfare.