California solid waste facility operators must show CalRecycle they can pay to close each site. One option is the CalRecycle 102(a) Performance Bond for Closure, a state form under Title 27 of the California Code of Regulations. The surety either performs closure or pays the guaranteed closure amount into a depository trust fund.
| Title / common name | Performance Bond for Closure — CalRecycle 102(a), solid waste facility closure performance bond (California) |
|---|---|
| Bond type | Commercial — environmental financial assurance (solid waste facility closure) |
| Industry / license category | Environmental / solid waste landfill closure |
| Jurisdiction | United States → California → Department of Resources Recycling and Recovery (CalRecycle) → Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 6 (financial assurance) The form cites Public Resources Code section 43600 et seq. as its authority. |
| Obligee | Department of Resources Recycling and Recovery (CalRecycle) The bond text reads “firmly bound to the Department of Resources Recycling and Recovery (CalRecycle)”. CalRecycle’s Financial Assurances Unit reviews the mechanism. |
| Typical penal sum | The closure cost estimate certified by a registered civil engineer under Title 27, Chapter 6, shown as the total penal sum on the face of the bond The face lists each covered solid waste facility by name, address and Solid Waste Information System (SWIS) number with its closure amount, and the facility amounts must add up to the total penal sum. An optional rider lets principal and surety adjust the penal sum yearly to a new closure amount, with increases capped at 20 percent in any one year and no decrease without CalRecycle’s written permission. |
| Who needs it | Operators of permitted solid waste facilities in California that use a performance bond to provide financial assurance for closure as a permit condition The bond recites that the principal must have a permit to operate each facility and must provide closure financial assurance as a permit condition. The form’s privacy statement says completion is mandatory and that not completing it leads to denial or revocation of a permit to operate a solid waste disposal facility. The form itself sets no surety qualification, so confirm surety acceptability with CalRecycle. |
| What it covers | Performance of closure of each listed facility under the closure plan and permit, as the plan, permit and laws are amended If CalRecycle finds the principal in violation of closure requirements, the surety either performs closure or places the guaranteed closure amount into the depository trust fund. If the principal has not set up that trust, the surety sets one up, as CalRecycle directs. The bond does not cover operating liability or corrective action costs. The surety waives notice of amendments to closure plans, permits and laws. |
| Depository trust | The principal establishes a depository trust fund as Title 27, Chapter 6 may require when a surety bond is used |
| Form number / edition | CalRecycle 102(a) (03/17) · state form adopted through rulemaking Revision date printed on every page of the official PDF, re-checked 2026-10-21. Companion forms (03/17): 102(b) Performance Bond for Postclosure (PDF) · 102(c) Performance Bond for Corrective Action (PDF) · 103(a) Financial Guarantee Bond for Closure Costs (PDF). The signers certify that the document conforms with Title 27, Division 2, Subdivision 1, Chapter 6. |
| Effective / cancellation | Effective date stated on the bond; the surety may cancel only on 120 days’ notice Notice goes by registered or certified mail to the principal and CalRecycle, and the 120 days run from receipt by both, shown by the return receipts. If the principal does not provide alternate financial assurance within 60 days after receiving a cancellation notice, the surety must pay the guaranteed amount into the depository trust fund. The principal can terminate only after the surety receives CalRecycle’s written authorization. |
| Source | CalRecycle 102(a) — Performance Bond for Closure (PDF) (official state form · revision 03/17 · 3 pages · linked, not hosted) Also: CalRecycle — Financial Assurances Forms (official list of Title 27 financial assurance mechanism forms, CalRecycle 100–114) |
| Status | current |
| Last verified | 2026-10-21 |
From CalRecycle 102(a): on notice of a violation, “the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements; or place the closure amount guaranteed for the facility(ies) into the depository trust fund”.
And: “the obligation of the surety shall be only for the closure cost estimate certified by a registered civil engineer”.
The structure follows the federal RCRA closure bonds: a perform-or-pay bond like the EPA RCRA performance bond (40 CFR 264.151(c)), with the same 120-day cancellation and optional 20 percent rider. Differences: CalRecycle is the obligee, the money goes to a depository trust fund rather than a standby trust, and the principal has 60 days rather than 90 to replace a cancelled bond. CalRecycle 103(a) is the pay-only counterpart, like the EPA RCRA financial guarantee bond (40 CFR 264.151(b)).
Closure bonds stay in force until the regulator releases them, and the bond follows the closure plan as it is amended. For how sureties handle that kind of exposure, see reclamation bonds and personal guaranties in Lexon v. Justice. For regulator-held closure security in Canada, compare Alberta AER Directive 068 demand forfeiture bonds.
Open the Source link above for the official CalRecycle PDF. We summarize field facts and quote short key clauses rather than reproducing the form. Use the current form from CalRecycle when filing; Global Guarantors does not host copies.