Section 22244 - CalRecycle - Surety Bond(a) The status of the surety company issuing a surety bond shall be among those listed as holding certificates of authority as acceptable sureties on Federal bonds and as acceptable reinsuring companies in Circular 570 of the U.S. Department of the Treasury which is published on July 1 of each year in the Federal Register.(b) The penal sum of the bond must be in an amount at least equal to the closure and/or postclosure and/or the corrective action cost estimate, except as provided in § 22228.(c) The surety bond shall be worded and completed as specified by one of the following forms, which shall be supplied by CalRecycle. The original mechanism must be submitted to CalRecycle: (1) Form 102(a) ((03/17) CalRecycle) which is incorporated by reference, for a surety bond guaranteeing performance of closure; or(2) Form 102(b) ((03/17) CalRecycle) which is incorporated by reference, for a surety bond guaranteeing performance of postclosure maintenance; or(3) Form 102(c) ((03/17) CalRecycle) which is incorporated by reference, for a surety bond guaranteeing performance of reasonably foreseeable and/or known corrective action activities; or(4) Form 103(a) ((03/17) CalRecycle) which is incorporated by reference, for a surety bond guaranteeing payment of closure costs; or(5) Form 103(b) ((03/17) CalRecycle) which is incorporated by reference, for a surety bond guaranteeing payment of postclosure maintenance costs; or(6) Form 103(c) ((03/17) CalRecycle) which is incorporated by reference, for a surety bond guaranteeing payment of reasonably foreseeable and/or known corrective action costs.(d) The surety company shall become liable under the terms of the bond if CalRecycle determines that the operator has failed or is failing to perform closure or postclosure maintenance or corrective action as guaranteed by the bond.(e) Payments made under the terms of the bond will be deposited by the surety directly into the depository trust fund, as identified in § 22237.(f) The operator may cancel the bond only if alternate financial assurance is substituted as specified in § 22227 or if the operator is no longer required to demonstrate financial responsibility in accordance with § 22235.Cal. Code Regs. Tit. 27, § 22244
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of section heading and subsections (c)(1)-(2) and (c)(4)-(6) filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 9).
3. Change without regulatory effect amending section heading and subsections (c)-(d) and amending forms CalRecycle (formerly CIWMB) 102(a), 102(b), 102(c), 103(a), 103(b) and 103(c) (incorporated by reference) filed 12-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 50). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43103 and 43500- 43610, Public Resources Code.
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Amendment of section heading and subsections (c)(1)-(2) and (c)(4)-(6) filed 2-25-2008; operative 2-25-2008 pursuant to Government Code section 11343.4(Register 2008, No. 9).
3. Change without regulatory effect amending section heading and subsections (c)-(d) and amending forms CalRecycle (formerly CIWMB) 102(a), 102(b), 102(c), 103(a), 103(b) and 103(c) (incorporated by reference) filed 12-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 50).