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(continued) n agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin.
(c) At all permitted solid waste facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the facility operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.7. Determining Origin of Waste for a District.
(a) If a district operates as a waste hauler, the district shall also meet the requirements specified in section 18808.7.
(b) If a district operates as a station operator, the district shall also meet the requirements specified in section 18809.7.
(c) If a district operates as a landfill operator, the district shall also meet the requirements specified in section 18810.7.
(d) If a district operates as a transformation facility operator, the district shall also meet the requirements specified in section 18811.7.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a district must comply as set forth in section 18812.8.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.9. District Disposal Reports: Content, Timing, and Distribution.
(a) If a district operates as a waste hauler, the district shall also meet the reporting requirements specified in section 18808.9.
(b) If a district operates as a station operator, the district shall also meet the reporting requirements specified in section 18809.9.
(c) If a district operates as a landfill operator, the district shall also meet the reporting requirements specified in section 18810.9.
(d) If a district operates as a transformation facility operator, the district shall also meet the reporting requirements specified in section 18811.9.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.10. Disposal Reporting Due Dates for a District.
(a) If a district operates as a waste hauler, the district shall submit disposal reports according to the due dates set forth in section 18808.10.
(b) If a district operates as a station operator, the district shall submit disposal reports according to the due dates set forth in section 18809.10.
(c) If a district operates as a landfill operator, the district shall submit disposal reports according to the due dates set forth in section 18810.10.
(d) If a district operates as a transformation facility operator, the district shall submit disposal reports according to the due dates set forth in section 18811.10.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.11. Non-Compliance.
(a) A district that operates as a waste hauler or facility operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the district with information required for the preparation of quarterly disposal reports. The district shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year.
(b) A district that operates as a waste hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The district shall send written information on specific allegations to the agency.
(c) A district that operates as a waste hauler or operator may inform the Board if an agency fails to comply with this Article. A district shall send written information on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18827. Scope and Purpose.
Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
s 18828. Definitions.
Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
s 18829. Adjustment Factor Sources.
Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
s 18830. Adjustment Method Calculation.
Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
s 18831. Reporting Requirements.
Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code.
Appendix A
Table of Contents
1. CIWMB 36 State of California Oil Recycling Program Fee Exemption Certificate
2. CIWMB 57 Plastic Trash Bag Manufacturer Certification
3. CIWMB 58 Plastic Trash Bag Wholesaler Certification
4. CIWMB 60 Waste Tire Hauler Registration Application
5. CIWMB 61 Waste Tire Hauler Bond
6. CIWMB 62 Waste Tire Hauler Manifest
7. CIWMB 81 Registration Permit
8. CIWMB 83 Registration Permit Application
9. CIWMB 90 Standardized Contaminated Soil Solid Waste Facilities Permit
10. CIWMB 140 Trust Agreement
11. CIWMB 141 Performance Bond
12. CIWMB 142 Financial Guarantee Bond
13. CIWMB 143 Irrevocable Letter of Credit for Closure Costs
14. CIWMB 144 Enterprise Fund for Financial Assurances
15. CIWMB 145 Trust Agreement
16. CIWMB 146 Certificate of Liability Insurance
17. CIWMB 147 Liability Insurance Endorsement
18. CIWMB 148 Certificate of Self-Insurance and Risk Management
19. CIWMB 149 Instructions for the Letter from the Chief Financial Officer Financial Means Test for Liability
20. CIWMB 150 Corporate Guarantee
21. CIWMB 173 Retreader Self-Certification
22. CIWMB 180 Retreader Trip Log
23. CIWMB 203 Comprehensive Trip Log and Receipts
24. CIWMB 204 Unregistered Hauler & Comprehensive Trip Log Substitution Form
25. CIWMB 303 Household Hazardous Waste Collection Information for Fiscal Year____/____
26. CIWMB 306 Application Cover Sheet
27. CIWMB 430 Newsprint Consumer Certification
28. CIWMB 500 Waste Tire Facilities Permit Application
29. CIWMB 501 Waste Tire Facilities Operation Plan
30. CIWMB 502 Waste Tire Facilities Environmental Information
31. CIWMB 503 Waste Tire Facilities Emergency Response Plan
32. CIWMB 504 Waste Tire Facilities Closure Plan
33. CIWMB 607 Voluntary Residual Percentage reporting Form
34. CIWMB 634 Farm and Ranch Solid Waste Cleanup and Abatement Grant - Application Cover Sheet
35. CIWMB 635 Farm and Ranch Solid Waste Cleanup and Abatement Grant - Site Characterization Form
36. CIWMB 643 Clean Up Plan
37. CIWMB 647 Uniform Waste and Used Tire Manifest
38. CIWMB 648 Uniform Waste and Used Tire Trip Log
39. CIWMB 1000 Notice of Designation of Local Agency
40. CIWMB 5000 Standardized Composting Permit
s 18900. Scope.
(a) Regulations contained herein are promulgated pursuant to Public Resources Code Article 2.5 of Chapter 2 of Part 7 of Division 30. The regulations implement the Solid Waste Cleanup Program, a program for the cleanup of solid waste at disposal sites and solid waste at codisposal sites where the responsible party(ies) either cannot be identified or is unable or unwilling to pay for timely remediation and where cleanup is needed to protect public health and safety and/or the environment.
(b) In implementing this program the Board is vested, in addition to its other powers, with all the powers of an enforcement agency under Division 30 of the Public Resources Code.
(c) In administering the program authorized by Public Resources Code section 48020 et seq. the Board may:
(1) Expend funds directly for remedial action;
(2) Provide loans to responsible parties who demonstrate the ability to repay state funds for remedial actions on solid waste disposal sites and codisposal sites;
(3) Provide matching grants to public entities for remedial actions on solid waste disposal sites and codisposal sites; and
(4) Provide grants to public entities for the abatement of illegal disposal sites.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48021(b), 48021(c) and 48023(b), Public Resources Code.
s 18901. Definitions.
For the purposes of this Chapter:
(a) "Abandoned site" means a site where no responsible party can be identified or located.
(b) "Agreement" means a memorandum of understanding between the Board and a local government.
(c) "Applicant" means a person or an entity applying for a loan, matching grant, grant, or remediation managed by the California Integrated Waste Management Board.
(d) "Board" means the California Integrated Waste Management Board.
(e) "Borrower" means an applicant whose loan application has been approved and who has executed a loan agreement.
(f) "Closed site," means a disposal site that has ceased accepting waste and was closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time.
(g) "Codisposal site" means a hazardous substance release site listed pursuant to section 25356 of the Health and Safety Code where the disposal of hazardous substances, hazardous wastes, and solid waste have occurred.
(h) "Grant recipient" means an applicant whose grant application has been approved and who has executed a grant agreement pursuant to Public Resources Code section 48021(b).
(i) "Illegal disposal site" means:
(1) A site where unauthorized disposal of solid waste has taken place to the extent that cleanup may be required to protect public health and safety and/or the environment, and
(2) The site is not permitted and not exempt from obtaining a permit and is not closed or excluded from the requirement to obtain a Solid Waste Facilities Permit.
(j) "Local government" means a local public entity that is a county, city, district, or any other political subdivision deemed eligible by the Board, but does not include the State.
(k) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, household or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste.
(l ) "Order" means an enforcement action taken by the enforcement agency or the board in the form of issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order as authorized by Section 18304.
(m) "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, public or private school, college, or university, or any other entity whatsoever.
(n) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment.
(o) "Repayment amount" means the amount equal to the amount expended by the Board for cleanup, the Board's cost of contract administration, and an amount equal to the interest that would have been earned on the funds expended for cleanup.
(p) "Responsible party" means:
(1) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; 0county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law, who at the time of disposal of any solid waste owned the property;
(2) The present owner or operator of the site at which solid waste has been deposited;
(3) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who by contract or agreement disposed and/or transported solid waste to the site, or who otherwise arranged for the transportation to and/or disposal of solid waste at the site;
(4) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who was the owner or custodian of the solid waste that was deposited on the site.
(5) The term "responsible party," as defined above, may only be construed within the context of this Article and Public Resources Code sections 48020 et seq. and shall not be interpreted under any other local, state, or federal statute.
(q) "Responsible party is unable to pay" means:
(1) The responsible party does not currently, have the financial ability, as verified by independent audit, financial statements, or other documentation acceptable to Board, to pay the costs of remediation necessary to protect the public health and safety and/or the environment; or
(2) The responsible party does not have the legal power or authority to perform required site cleanup.
(r) "Responsible party is unwilling to pay" means: the responsible party has financial ability to pay for the costs of remediation necessary to protect public health and safety and/or the environment, has been issued an enforcement order to perform remediation, and has refused to comply with the order.
(s) "Responsible party cannot be identified," means the responsible party cannot be identified or found after a search of public records, investigation, and consultation with other enforcement agencies.
(t) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.
(u) "Trust fund" means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Public Resources Code section 48027 of Article 2.5 of Chapter 2 of Part 7 of Division 30.
(v) "Surplus Money Investment Fund" means the fund in which excess state moneys are invested until the money is needed for its intended purpose. The fund is administered by the state treasurer's office.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18902. Site Eligibility.
Candidate sites may be eligible for funding if:
(a) The site is a solid waste disposal site, codisposal site, or illegal disposal site as defined in Section 18901;
(b) The responsible parties, either cannot be identified, located, or is unable or unwilling to pay for timely and proper remediation; and
(c) Remedial action is required to protect public health and safety and/or the environment.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020(b) and 48021(c), Public Resources Code.
s 18903. Site Prioritization.
(a) The Board shall prioritize sites for eligibility based on the following factors:
(1) The actual or potential degree of risk to public health and safety and/or the environment posed by conditions at the site as determined by a comparison with state minimum standards (27 CCR, Chapter 3, Subchapter 4, commencing with section 20510 and Subchapter 5, commencing with section 21099.
(2) The ability of the site owner and or responsible parties to promptly and properly remediate the site without monetary assistance;
(3) The ability of the Board to adequately remediate the site with available funds;
(4) The amount of contributions of money and/or in-kind services from local governments and responsible parties;
(5) The availability of other appropriate federal or state enforcement and/or cleanup programs to remediate the site.
(6) The ability to obtain site access for the proposed remediation.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020(b) and 48021(a), Public Resources Code.
s 18904. Eligible and Ineligible Remedial Actions.
(a) Remedial actions taken pursuant to the Solid Waste Cleanup Program shall, to the extent practicable, contribute to the efficient performance of any anticipated long-term remedial action with respect to the specific threat to public health and safety and/or the environment addressed under the program.
(b) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal; security measures such as fences and warning signs; drainage controls; slope and foundation stabilization; excavation, consolidation, and capping of waste areas; field and laboratory testing; and installation of landfill gas and leachate control systems.
This list is not exhaustive and shall not prevent the Board from taking other necessary and appropriate actions and does not create a duty on the Board to take action at any particular time.
(c) Ineligible actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, and cleanup or otherwise handling of only hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)] not codisposed with nonhazardous solid waste.
(d) The remediation of landfill or disposal site fires pursuant to this chapter will only be eligible in situations where the fire is remediated as one part of a project approved by the Board under the applicable criteria for any other project approved for remediation under this program.
(e) Eligible activities regarding emergency actions at disposal sites pursuant to this chapter include technical assistance to local emergency response agencies. The Board may consider approval of funding of final site remediation pursuant to this chapter after the emergency response if all other applicable criteria are met.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18905. Purpose.
(a) The Board may make loans directly from the trust fund to local government to assist in site remedial actions. The loans shall be used to assist the Board in complying with Public Resources Code section 48020 et seq.
(b) The regulations contained in this Article set forth the requirements to apply for and receive loan funds from the trust fund.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
s 18906. Loan Eligibility.
(a) Loans are available only to local governments that demonstrate:
(1) The site remediation is needed to protect public health and safety and/or the environment; and
(2) The ability to repay the loan and to pay for costs of remediation that exceeds the loan amount.
(b) Loan funds may be used only for those eligible costs pursuant to Section 18904.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
s 18907. Loan Requirements.
Loans made pursuant to this Article shall be subject to the following requirements:
(a) The terms of any approved loan shall be specified in a loan agreement between the borrower and the Board. Notwithstanding any term of the agreement, any recipient of a loan that the Board approves shall repay the principal amount plus interest on the basis of the rate of return for money in the Surplus Money Investment Fund at the time of the loan.
(b) The Board shall not finance more than one million dollars ($1,000,000) per site.
(c) The term of any loan made pursuant to this Article shall be not more than 20 years.
(d) The money from any loan repayments and fees, including, but not limited to, principal and interest payments, fees and points, administrative fees, recovery of collection costs, income earned on any asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the trust fund.
(e) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code.
s 18908. Loan Application Process.
(a) Applications from local governments for loan funds shall be accepted on a continuous basis.
(b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information:
(1) A copy of the grant deed with legal description. The applicant must be the owner or co-owner of the site, or the Sponsor (e.g. Redevelopment Agency) of eligible cleanup of privately owned or leased lands within their jurisdiction.
(2) Substantiation of threat to public health and safety or the environment by attaching applicable regulatory agency investigation documents or enforcement orders, solid waste assessment tests (SWAT) reports, or certified environmental assessment reports.
(3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer.
(4) A document showing compliance with the California Environment Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration or Environment Impact Report).
(5) Demonstrate the need for the requested loan funds by attaching the applicant's annual financial operating statements for the last three years and interim (within 90 days) independent audits, and other evidence of financial condition. Each statement must be certified by the original signature of the person completing the application.
(6) Identify and provide evidence of sources of funds to repay the loan and pay for site cleanup costs that exceed the loan amount, certified by the original signature of the person completing the application. In lieu of collateral, the applicant must identify a guaranteed revenue source which will be dedicated to repay the loan.
(7) A copy of an adopted resolution from the governing board or council authorizing submittal of the application, certifying availability of local funds needed to complete the cleanup, and identifying the title and name of the individual authorized to execute any agreements, contract, and requests for payment to carry out the project.
(8) Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the loan applicant to act on their behalf.
(9) Name, address, telephone number, and fax number of the applicant
(c) All materials submitted shall become property of the Board and will be retained for a minimum of three years.
(d) Documents required in subsection (b) of this section shall be submitted to the principal place of business of the California Integrated Waste Management Board.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18909. Preliminary Review of Loan Applications.
Upon receipt, Board staff shall review each local government application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the local government with one of the following responses:
(a) The local government application is incomplete with specification of the steps, if any, that the applicant may take to correct the identified deficiencies. Applications that fail to supply the required information shall be rejected from consideration for a loan; or
(b) The applicant is ineligible for a loan pursuant to Section 18906 of this Article; or
(c) The applicant is eligible for a loan pursuant to Section 18906 of this Article, the application is complete, and the application shall be evaluated by Board staff.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18910. Review of Complete Loan Applications and Board Approval.
Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete:
(a) The source of repayment is sufficient for the requested loan amount; and
(b) The applicant has adequately demonstrated the appropriateness of the loan for use in the project as specified pursuant to Section 18906(c) of this Article.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18911. Loan Agreement.
(a) If the Board approves the loan, the applicant and the Board shall enter into a written loan agreement that identifies and ensures compliance with the terms and conditions specified in Section 18907 of this Article and any other special conditions or terms that the Board deems necessary on a case-by-case basis.
(b) All funds shall be disbursed and repaid pursuant to the terms of the loan agreement.
(c) The borrower shall obtain prior written approval from the Board, or its designated representative, for any changes in the loan agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the change(s).
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18912. Financial Condition Notification.
(a) During the application process and any time thereafter, it shall be the responsibility of the applicant or borrower to immediately notify the Board of any change in financial condition that would make them:
(1) Financially able to perform remedial action without Trust Funds; or
(2) Unable to repay the loan; or
(3) Unable to pay for remedial action costs that exceed the loan amount.
(b) Any such changes in conditions or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18913. Purpose.
(a) The Board may make grants directly from the trust fund to public entities to assist in site remediation actions. Grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq.
(b) The regulations contained in this Article set forth the requirements to apply for and receive grant funds from the trust fund.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
s 18914. Grant Eligibility.
(a) Grants are available to public entities that demonstrate the following:
(1) The illegal disposal site remedial action is necessary to protect public health and safety and/or the environment; and
(2) The public entity is authorized by resolution of their local governments to file an application with the Board for grant funds and enter into and execute a grant agreement.
(b) Grants to public entities may only be used for remedial actions at illegal disposal sites within their jurisdiction.
(c) Grant funds may be used only for those eligible costs pursuant to Section 18904.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
s 18915. Grant Requirements.
Grants made pursuant to this Article shall be subject to the following requirements:
(a) The terms of any approved grant shall be specified in a grant agreement between the grant recipient and the Board.
(b) The Board shall not finance more than five hundred thousand dollars ($500,000) per site.
(c) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code.
s 18916. Grant Application Process.
(a) Applications for grant funds shall be accepted on a continuous basis.
(b) Public entities with eligible sites shall submit an application package which shall include but is not limited to the following information:
(1) Name of the site owner and a copy of the owner's grant deed with legal description.
(2) Substantiation of actual or potential threat to public health and safety or the environment by attaching applicable regulatory agency investigation documents or enforcement orders, solid waste assessment tests (SWAT) reports, or certified environmental assessment reports.
(3) Preliminary Work Plan and Cost Estimate prepared by a registered civil engineer. If local government resources to be reimbursed with grant funds are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, Force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment or subcontractors will not be allowed.
(4) Proof of Compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report).
(5) Evidence of owner's inability to pay for cost of site cleanup (e.g. owner cannot be identified or found, owner is unable to pay for site cleanup). Attach a copy of report of records search, financial statements or audits of owner, and other documents to substantiate need.
(6) A copy of the adopted resolution from the governing board or council authorizing the public entity to file an application and enter into and execute a grant agreement, and naming the title of the individual authorized to execute any agreements, contracts, and requests for payment.
(7) Name, address, telephone number, fax number of the applicant.
All materials submitted shall become the property of the Board and will be retained for a minimum of three years.
(c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18917. Preliminary Review of Grant Applications.
Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses:
(a) The application is incomplete with specification of the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of such notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant.
(b) The applicant is ineligible for a grant based on failure to meet criteria under Section 18914 of this Article; or
(c) The applicant is eligible for a grant pursuant to Section 18914 of this Article, that the application is complete, and that the application shall be evaluated by Board staff.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18918. Review of Complete Grant Applications and Board Approval.
Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete:
(a) The Local Enforcement Agency shall provide ongoing inspection and enforcement action to prevent recurring use of the illegal disposal site;
(b) The applicant has adequately demonstrated the appropriateness of the grant for use in the project as specified pursuant to Section 18904 of this Chapter; and
(c) If the applicant is other than the Local Enforcement Agency, a copy of the complete application shall be sent to the Local Enforcement Agency's office.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
s 18919. Grant Agreement.
(a) If the Board approves the grant, the applicant and the Board shall enter into a written grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18915 and any other special conditions or terms that the Board may deem necessary.
(b) All funds shall be disbursed pursuant to the terms of the grant agreement.
(c) The grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s).
(d) The Board may terminate any grant in whole, or in part, at any time prior to the date of completion whenever it is determined by the Board that the recipient has failed to comply with the terms of the grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five working days of the determination to terminate.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18920. Purpose.
(a) The Board may make matching grants directly from the trust fund to public entities to assist in site remedial actions. The grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq.
(b) The regulations contained in this Article set forth the requirements to apply for and receive matching grant funds from the trust fund.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
s 18921. Matching Grant Eligibility.
(a) Matching grants are available only to public entities that demonstrate the following:
(1) The site remedial action is needed to protect public health and safety and/or the environment; and
(2) The ability to pay the costs of remedial action that exceed the grant amount.
(b) Matching grant funds may be used only for those eligible costs pursuant to Section 18904.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
s 18922. Matching Grant Requirements.
Matching grants made pursuant to this Article shall be subject to the following requirements:
(a) The terms of any approved grant shall be specified in a matching grant agreement between the matching grant recipient and the Board.
(b) The Board shall finance up to and not more than 50 percent of the cost of any project up to a maximum of seven hundred and fifty thousand dollars ($750,000) per site.
(c) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code.
s 18923. Matching Grant Application Process.
(a) Applications for matching grant funds shall be accepted on a continuous basis.
(b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information:
(1) A copy of the grant deed with legal description.
(2) Substantiation of threat to public health and safety or the environment. Attach applicable regulatory investigations or enforcement orders, solid waste assessment test (SWAT) reports, or certified environmental assessment reports.
(3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer. Cost of eligible and ineligible work must be itemized separately. If local government resources to be reimbursed under this grant agreement are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment, or subcontractors will not be allowed.
(4) Proof of compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report).
(5) Demonstration of need for requested grant funds. Attach applicant's annual financial operating statements for last three years, independent audits, and other evidence of financial conditions.
(6) Identification of sources of funds to pay for local government match and project costs not eligible for matching grant included in the project.
(7) A copy of the approved resolution from the governing board or council authorizing submittal of the application, certifying availability of matching funds and funds for costs not eligible, and the naming title of the individual authorized to execute any agreements, contract, and requests for payment. This authorized individual will be the only person whose signature the Board will recognize. Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the grant applicant to act on their behalf.
(8) Name, address, telephone number, and fax number of the applicant.
All materials submitted will become property of the Board and will be retained for a minimum of three years.
(c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management Board.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18924. Preliminary Review of Matching Grant Applications.
Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses:
(a) The application is incomplete and specifying the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of this notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant; or
(b) The applicant is ineligible for a matching grant pursuant to Section 18921 of this Article; or
(c) The applicant is eligible for a matching grant pursuant to Section 18921 of this Article, that the application is complete, and that the application shall be evaluated by Board staff.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18925. Review of Complete Matching Grant Applications and Board Approval.
Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete:
(a) The applicant's source of payment is sufficient to supply the amount of funds needed that exceed the matching grant amount; and
(b) The applicant has adequately demonstrated the appropriateness of the matching grant for use in the project as specified pursuant to Section 18902(c) of this Article.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code.
s 18926. Matching Grant Agreement.
(a) If the Board approves the matching grant, the applicant and the Board shall enter into a written matching grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18923 and any other special conditions or terms that the Board may deem necessary on a case-by-case basis.
(b) All funds shall be disbursed pursuant to the terms of the grant agreement.
(c) The matching grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the matching grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s).
(d) The Board may terminate any matching grant in whole, or in part, at any time prior to the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms of the matching grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the matching grant and the effective date of the termination within five working days of the determination.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18927. Financial Condition Notification.
(a) During the application process and any time thereafter, it shall be the responsibility of the applicant or matching grant recipient to immediately notify the Board of any change in financial condition that would make them either:
(1) Financially able to perform remedial action without Trust Funds; or
(2) Unable to pay for remedial action costs that exceeds the matching grant amount.
(b) Any such changes in conditions and/or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18928. Purpose.
(a) The Board may decide to expend available moneys to perform any cleanup, abatement, or remedial action work required under the provisions set forth in Section 18904 which is required by the magnitude of the endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to public health or safety and/or the environment. The action may be taken in default of, or in addition to remedial work by the responsible parties or other persons and regardless of whether injunctive relief is being sought.
(b) The Board may perform the work itself or in cooperation with any other governmental agency. Notwithstanding any other provisions of the law, the Board may enter into oral contracts for that work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts are exempt from approval by the Department of General Services pursuant to section 10295 of the Public Contract Code.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
s 18929. Cost Recovery.
(a) The Board shall pursue cost recovery for each site remediated with funds in accordance with this chapter unless under limited circumstances where a determination is made by the Board that cost recovery will not be pursued based on factors including but not limited to: publicly owned sites maintained in public benefit and use; property owner did not cause the disposal of waste; property owner did not and will not gain a benefit due to condition of property; value of property significantly less than cost of cleanup; hardship to property owner; and in cases where a responsible party cannot be identified.
(b) If a remedial action is taken in the case of threatened pollution or nuisance by the Board and/or any governmental agency, any costs incurred by the Board and/or governmental agency are recoverable from the responsible parties or parties who unlawfully caused such a condition or conditions. Any and all responsible parties are joint and severably liable for any such costs. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the Board to the extent of the latter's contribution to the cleanup costs from available funds.
(c) Reasonable costs shall include the amount expended, the Board's costs of contract administration, and an amount equal to the interest that would have been earned on the expended funds. The interest rate shall be based on the rate of return for money in the Surplus Money Investment Fund.
(d) Any and all responsible parties are joint and severably liable.
(e) The entry of judgement against any party to the action does not bar any future action by the Board against any other person who is later discovered to be potentially liable for costs paid from the trust fund.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48023, Public Resources Code.
s 18930. Responsible Parties Identification.
If, despite reasonable efforts by the Board to locate the person(s) responsible for the condition of pollution or nuisance, the person is not identified at the time of cleanup, abatement, or remedial action work must be performed, the Board shall not be required to issue an order under this Chapter.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.
s 18931. Eligibility.
Funds may be used only for those costs eligible pursuant to Section 18904.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code.
s 18932. Board Approval.
Upon determination that a site is eligible pursuant to Section 18904 of this Chapter, the site shall be considered by the appropriate Committee, and if necessary, for final recommendation to the Board for approval within ninety (90) days.
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.