After a California landfill closes, its operator must keep maintaining and monitoring the site and show CalRecycle it can pay for that work. The CalRecycle 102(b) Performance Bond for Postclosure lets a surety guarantee it: the surety either performs postclosure maintenance or pays the guaranteed amount into a depository trust fund.
| Title / common name | Performance Bond for Postclosure — CalRecycle 102(b), solid waste facility postclosure maintenance performance bond (California) Covers postclosure maintenance after a facility closes. Closure itself is covered by the CalRecycle 102(a) performance bond for closure or the 103(a) financial guarantee bond. |
|---|---|
| Bond type | Commercial — environmental financial assurance (solid waste facility postclosure maintenance) |
| 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”, called CalRecycle in the form. The form is maintained by CalRecycle’s Financial Assurances Section. |
| Typical penal sum | The postclosure 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 number with its postclosure 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 postclosure 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 surety bond to provide financial assurance for postclosure maintenance as a permit condition The bond recites that the principal must have a permit to operate each facility and must provide postclosure maintenance 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 postclosure maintenance of each listed facility under the postclosure plan and permit, as the plan, permit and laws are amended If CalRecycle finds the principal in violation of postclosure maintenance requirements, the surety either performs postclosure maintenance or places the guaranteed postclosure 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 postclosure plans, permits and laws. Payments do not discharge the surety until they reach the penal sum, and the surety never owes more than the penal sum. |
| 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(b) (03/17) · state form adopted through rulemaking Revision date printed on every page of the official PDF, re-checked 2026-10-23. Companion forms (03/17): 102(c) Performance Bond for Corrective Action (PDF) · 103(b) Financial Guarantee Bond for Postclosure 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. The bond becomes void if the principal provides alternate financial assurance within 60 days after the cancellation notice is received; if CalRecycle notifies the surety that the principal failed to do so during those 60 days, 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(b) — Performance Bond for Postclosure (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 | 2026-10-23 |
From CalRecycle 102(b): on notice of a violation, “the Surety(ies) shall either perform postclosure maintenance in accordance with the postclosure plan and other permit requirements; or place the postclosure amount guaranteed for the facility into the depository trust fund”.
And: “the obligation of the surety shall be only for the postclosure cost estimate certified by a registered civil engineer”.
Postclosure assurance sits alongside closure assurance, which uses the CalRecycle 102(a) performance bond for closure or the pay-only CalRecycle 103(a) financial guarantee bond for closure costs. Under federal RCRA rules for hazardous waste facilities, a single EPA RCRA performance bond (40 CFR 264.151(c)) can cover closure, post-closure care or both.
Postclosure maintenance runs for years after a site stops taking waste, and the bond follows the postclosure plan as it is amended. Our guide to waste and landfill surety bonds and financial assurance covers how these obligations are sized, and reclamation bonds and personal guaranties in Lexon v. Justice shows how sureties handle long-tail environmental exposure.
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.