When a California solid waste facility needs corrective action, its operator must show CalRecycle it can pay for the work. The CalRecycle 102(c) Performance Bond for Corrective Action lets a surety guarantee it: the surety either performs the corrective action or pays the guaranteed amount into a depository trust fund.
| Title / common name | Performance Bond for Corrective Action — CalRecycle 102(c), solid waste facility corrective action performance bond (California) Covers corrective action at a solid waste facility. Closure and postclosure maintenance are assured separately, for example with the CalRecycle 102(a) performance bond for closure and the CalRecycle 102(b) performance bond for postclosure. |
|---|---|
| Bond type | Commercial — environmental financial assurance (solid waste facility corrective action) |
| 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 (hereinafter called CalRecycle)”. The form is maintained by CalRecycle’s Financial Assurances Section. |
| Typical penal sum | The corrective action 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 corrective action 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 corrective action 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 corrective action as a permit condition The bond recites that the principal must have a permit to operate each facility and must provide corrective action 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 corrective action at each listed facility under the corrective action plan and permit, as the plan, permit and laws are amended If CalRecycle finds the principal in violation of corrective action requirements, the surety either performs corrective action or places the guaranteed corrective action 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 costs. The surety waives notice of amendments to corrective action 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(c) (03/17) · state form adopted through rulemaking Revision date printed on every page of the official PDF, re-checked 2026-10-26. Pay-only counterpart (03/17): 103(c) Financial Guarantee Bond for Corrective Action 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(c) — Performance Bond for Corrective Action (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 | 2026-10-26 |
From CalRecycle 102(c): on notice of a violation, “the Surety(ies) shall either perform corrective action in accordance with the corrective action plan and other permit requirements; or place the corrective action amount guaranteed for the facility into the depository trust fund”.
And: “the obligation of the surety shall be only for the corrective action cost estimate certified by a registered civil engineer”.
Corrective action assurance sits alongside closure and postclosure assurance. Closure uses the CalRecycle 102(a) performance bond for closure or its pay-only twin, and postclosure maintenance uses 102(b) or the CalRecycle 103(b) financial guarantee bond for postclosure costs. Under federal RCRA rules for hazardous waste facilities, the comparable perform-or-pay instrument is the EPA RCRA performance bond (40 CFR 264.151(c)).
Our guide to waste and landfill surety bonds and financial assurance covers how corrective action assurance works for municipal solid waste landfills in the US and Canada, and the commercial surety primer covers how regulatory bonds like this differ from insurance.
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.