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(continued)
(b) In cases where an operating entity does not have an adequate pretreatment program, a time schedule shall be included with the waste discharge requirements for adoption and implementation of the necessary program.
(c) The regional board in prescribing waste discharge requirements for a publicly owned treatment works shall require an annual report of effectiveness of the local pretreatment program.
(d) Conditions shall be included in waste discharge requirements for all publicly owned wastewater treatment plants requiring the following:
(1) That supervisors and operators of plants shall possess a certificate of appropriate grade in accordance with Title 23, California Administrative Code Section 3680.
(2) That each plant shall be operated and maintained in accordance with the operation and maintenance manual prepared by the municipality through the Clean Water Grant Program.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13000, 13263 and 13627, Water Code.
s 2234. Inspections.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13263 and 13267, Water Code.
s 2235. Definitions.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
s 2235.1. Filing and Processing of a Report of Waste Discharge.
Each report of waste discharge related to discharges of pollutants from point sources to navigable water shall be filed and processed in compliance with the applicable federal regulations governing the NPDES permit program promulgated by EPA.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
s 2235.2. Compliance with Regulations of the U.S. Environmental Protection Agency.
Waste discharge requirements for discharge from point sources to nagivable waters shall be issued and administered in accordance with the currently applicable federal regulations for the National Pollutant Discharge Elimination System (NPDES) program.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
s 2235.3. Additional Requirements.
In addition to the federal regulations, waste discharge requirements prescribed for discharges to navigable water shall be in compliance with applicable state regulations, including, when appropriate, the requirements of Sections 2230(c), 2232 and 2233.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13263, Water Code.
s 2235.4. Continuation of Expired Permits.
The terms and conditions of an expired permit are automatically continued pending issuance of a new permit if all requirements of the federal NPDES regulations on continuation of expired permits are complied with.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13376 and 13377, Water Code.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
s 2236. Bay Protection and Toxic Cleanup Annual Fees.
(a) All point and nonpoint dischargers who discharge directly into enclosed bays, as defined in Water Code Section 13391.5(a), estuaries, as defined in Water Code Section 13391.5(b), or adjacent waters in the contiguous zone or the ocean, as defined in Section 502 of the Federal Clean Water Act (33 U.S.C. Sec. 1362), shall be subject to an annual fee pursuant to Section 13396.5 of the Water Code. This fee is in addition to the fees required in Title 23, Section 2200, California Code of Regulations.
(b) Dischargers for whom National Pollutant Discharge Elimination System (NPDES) permits or waste discharge requirements have been prescribed except as noted in Subsection (c) below, who discharge into waters described in Subsection (a), shall be subject to an annual fee in accordance with the following schedule:
Bay Protection and Toxic Cleanup Annual Fee Schedule NPDES Permit and Non-
Chapter 15 Waste Discharge Requirements
Rating Fee
I-a $11,000
I-b $ 8,000
I-c $ 5,000
II-a $ 4,000
II-b $ 2,000
II-c $ 1,000
III-a $ 500
III-b $ 400
III-c $ 300
(1) Rating is based on the relative threat of the discharge to water quality and complexity, as defined in Title 23, Section 2200(a)(2), California Code of Regulations.
(2) Discharges from public and private educational institutions resulting from the use of seawater to maintain marine organisms for educational and research purposes that are rated III-c, shall be subject to an annual fee of $0.
(c) The following categories of dischargers shall pay the amount of fee specified below. This schedule supersedes those set forth in (b) above if a discharger falls under both sections.
(1) NPDES permits for an area-wide urban storm water system which discharges into waters described in Subsection (a) shall be subject to an annual fee based on the population served by the drainage system in accordance with the following schedule:
Population Fee
Less than 10,000 $ 1,000
10,000 to 99,999 $ 2,500
100,000 to 249,999 $ 5,000
250,000 and greater $10,000
Each county, incorporated city or entity which operates a municipal stormdrain which is not part of an NPDES permit for an area-wide stormwater discharge shall pay a fee based on the population served by the drainage system in accordance with the schedule shown in this paragraph.
(2) Discharges from agricultural practices into waters described in Subsection (a) shall be subject to an annual fee based on the number of acres drained in accordance with the following schedule:
Irrigated Acres Fee
Less than 100 0
100 to 999 $ 500
1,000 to 9,999 $1,500
10,000 to 50,000 $5,000
Owners, operators, or representatives of more than 50,000 irrigated acres shall pay $5,000 for the first 50,000 acres and $0.10 for each additional acre.
A. Annual fees for discharges from agricultural practices may be paid by regional entities. Regional entities must meet the following requirements:
i. The regional entity shall be the same group created to comply with Chapter III, Section I, of the California Enclosed Bays and Estuaries Plan.
ii. The regional entity shall demonstrate legal, institutional and managerial capability to pay annual fees for member growers.
B. If regional entities have not been identified to the State Board the fees shall be assessed on individual agricultural discharges.
(3) Each boat construction facility or repair facility or hull cleaning operation which discharges to waters described in Subsection (a) shall be subject to an annual fee of $300.
(4) Each operator of a boat marina or other recreational vessel launching or docking facility which discharges to waters described in Subsection (a) shall be subject to an annual fee based on number of vessel slips or moorings, in accordance with the following schedule:
Slips/Moorings Fee
Less than 300 $ 0
300 to 499 $ 300
500 to 999 $ 500
1000 and greater $1,000
(5) Each harbor or port facility which discharges to waters described in Subsection (a) and which is used for commercial shipping purposes shall be subject to an annual fee of $5,000.
(6) Each dredging operation in waters described in Subsection (a) for which a Water Quality Certification (33 U.S.C. Section 1341) has been issued by the State Water Resources Control Board shall be subject to a fee based on the cubic yards of dredge material authorized in the Water Quality Certification, in accordance with the following schedule:
Cubic Yards
Authorized in Maintenance New Beach
Certification Dredging Dredging Replenishment
Less than 30,000 $ 0 $ 0 $ 0
30,000 - 99,999 $ 1,500 $ 1,000 $ 0
100,000 - 299,999 $ 4,500 $ 3,000 $1,000
300,000 and greater $15,000 $10,000 $3,000
If the dredging quantity stated in the Water Quality Certification is less than the amount of the Section 404 (33 U.S.C. Section 1344) permit, and the permitted volume is greater than 300,000 cubic yards, the fee shall be based on the total permitted volume.
(d) Point and nonpoint dischargers who discharge into a water body described in Subsection (a) which has been identified as a Water Quality Limited Segment in the current "Water Quality Assessment", prepared by the State Board pursuant to Section 303(d) of the Federal Clean Water Act (33 U.S.C. Sect. 1313) shall be subject to a surcharge of 100 percent of the annual fee specified in Subsections (b) or (c). In no case shall the annual fee for these discharges exceed the statutory maximum specified in Subdivision (d) of Section 13396.5 of the Water Code.
(e) The State Board shall notify each discharger of the amount of the fee to be submitted, the basis upon which the fee was calculated, and the date upon which the fee is due.
(f) Any person failing to pay the fee established under this Section, when so requested by the State Board, may be liable civilly in accordance with Subdivision (d) of Section 13261 of the Water Code.
(g) In the event the amount collected under this Section exceeds the maximum allowed by Subdivision (b) of Section 13396.5 of the Water Code, an amount equal to the over collection will be credited against the next year's fees. The amount of the over collection will be prorated among dischargers who submitted the full amount of the fees by the date specified pursuant to Subsection (e) of this Section. The prorated amount shall be reduced from the next year's fee, based on the following equation:
Excess Collected X Fee Paid = Reduction Amount
___________________
Total of All Fees
Paid by Dischargers
who Made Full and
Timely Payments
(h) Any new discharger identified as being subject to this section shall pay a fee based on the amount specified with the fee schedules in Subsections (b) or (c) prorated for the number of months remaining in the billing cycle.
(i) The annual fees in Subsection (b) and (c) shall be reviewed by the State Board regularly, but in no case less than once every three years. The annual fees may be adjusted on the basis of monitoring information collected as a part of the Bay Protection and Toxic Cleanup Program and information from any other programs deemed appropriate.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13396.5(a), 13396.5(b), 13396.5(d) and 13396.5(e), Water Code.
s 2240. When Issued.
Note: Authority cited: Section 185 and 1058, Water Code. Reference: Section 13283 and Chapters 4, 5 and 8 of Division 7, Water Code.
s 2241. Compliance Requirements.
s 2242. Threatened Violations of Time Schedules.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13300, Water Code.
s 2243. Time Schedules.
(a) A time schedule should always be included in a cease and desist order unless there is a lack of information upon which to base a schedule in which case the discharger should be instructed to comply forthwith. "Forthwith" means as soon as is reasonably possible.
(b) Time schedules should be periodically reviewed and updated to assure compliance at the earliest possible date.
s 2244. Prohibitions or Restrictions on Additional Discharges to Community Sewer Systems.
(a) The purpose of prohibitions or restrictions on additional discharges is to prevent an increase in violation or likelihood of violation of waste discharge requirements during a period of violation or threatened violation of requirements and thereby prevent an increase in unreasonable impairment of water quality or an increase in nuisance.
(b) Prohibitions or appropriate restrictions on additional discharges should be included in a cease and desist order if the further addition in volume, type, or concentration of waste entering the sewer system would cause an increase in violation of waste discharge requirements or increase the likelihood of violation of requirements.
(c) Additional discharges should not be restricted or prohibited when violation of requirements can be immediately corrected.
(d) Prohibitions or restrictions are not to be used as a punitive measure for past failure to comply.
(e) Prohibitions or restrictions, when adopted, should include but not be limited to new residential, commercial, industrial, and/or governmental connections as deemed appropriate.
(f) Upon adoption of any cease and desist order which contains a prohibition or restriction on additional discharges, the regional board shall send written notification to all appropriate local agencies.
s 2244.1. Exclusions from Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems.
(a) Orders prohibiting or restricting additional discharges should expressly exclude structures with building permits already issued at the time the notice of the cease and desist hearing to consider the proposed prohibition or restriction was given unless special circumstances justify inclusion of such structures.
Where the governmental entity with jurisdiction normally does not issue a document called a "building permit" but uses another term to refer to the document which constitutes its final approval of construction, an order prohibiting or restricting additional discharges should expressly exclude such structure if this document has been issued. In the event a structure does not normally require a building permit (e.g., where a government building is exempted from the permit process) an order prohibiting or restricting additional discharges should expressly exclude such structures if construction has commenced.
(b) The following should also be excluded from prohibitions and restrictions:
(1) Discharges from existing dwellings not connected to the sewer system which have methods of waste disposal which are causing more severe water quality problems than those caused by the community sewer system.
(2) Discharges which, by reason of special circumstances, if not allowed to connect to the community sewer system would result in extreme public hardship or a public health hazard. This is not intended to mean that economic loss to a community as a whole or to any public agency or private person within the community is by itself cause for not prohibiting additional connections because such loss is the rule rather than the exception and cannot outweigh the need to prevent an increase in water quality impairment which is the basic reason for the prohibition.
Note: Authority cited: Sections 1058 and 13976(h), Water Code. Reference: Chapters 3 and 5, of Division 7, Water Code.
s 2244.2. Means of Obtaining Exclusions Provided for by Section 2244.1(b).
(a) Persons wishing to obtain an exclusion from a prohibition or restriction as provided for in Section 2244.1(b) shall make such request, in writing, to the regional board.
(b) A request for exclusion under Section 2244.1(b) may be made by any person or public agency.
(c) The board or the executive officer shall act promptly upon all requests for an exclusion and in any event within sixty (60) days of its receipt.
(d) Exclusions may be determined by the executive officer under an appropriate delegation order adopted by the regional board pursuant to Water Code Section 13223.
s 2244.3. Removal of Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems.
(a) Prohibitions or restrictions on additional discharges shall not be removed until the violations of requirements which were the basis for imposing the prohibitions or restrictions have ceased and consistent compliance with those requirements has been achieved.
(b) As an exception to (a), prohibitions or restrictions on additional discharges may be removed, at the discretion of the Board, if the Board finds (1) that consistent compliance with requirements can be achieved only by construction of a facility which will take a substantial period of time to complete, and (2) that the discharger has the capacity, authority, and financial resources to complete the corrective measures necessary to achieve compliance and is currently proceeding with such corrective measures, and (3) that the corrective measures necessary to achieve compliance with requirements will be completed and placed into operation by the discharger in the shortest practicable time, and (4) that all practicable interim repairs and improvements to the treatment process of the discharges which can be made have been made, and (5) that during the interim period of time until compliance with requirements can be fully achieved the treatment process of the discharges will be so managed, operated, maintained and repaired as to reduce to a minimum the violations which resulted in the imposition of the prohibitions or restrictions, and that such minimum violations for the interim period of time involved will not significantly impair water quality or beneficial uses.
(c) Prohibitions or restrictions, if removed under subsection (b) hereof, shall be reimposed if the Board finds that the discharger is in violation of any of the conditions of subsection (b) hereof prior to the time that consistent compliance with requirements has been achieved.
(d) Removal of the prohibition or restriction may be total or by volume, type, or concentration of waste as improvements to the treatment and disposal facilities are placed in operation.
s 2245. Immediate Corrective Measures.
(a) Each discharger should be expected to construct emergency facilities or modify existing plant operation to achieve rapid compliance.
(b) Emergency facilities which should be constructed immediately include chemical treatment, additional disinfection, ponding with or without aeration, receiving water mixing, aeration, and any other steps which can be immediately implemented.
(c) Extra cost of such facilities is not a reasonable excuse for failure to construct them.
(d) If necessary emergency facilities are not immediately provided, the board should consider further action against the discharger.
s 2250. Reportable Quantity for Sewage.
(a) For the purposes of Section 13271 of the Water Code, a reportable quantity for sewage is defined to be any unauthorized discharge of 1,000 gallons or more.
(b) For the purposes of Section 13271, an unauthorized discharge is defined to be a discharge, not regulated by waste discharge requirements, of treated, partially treated, or untreated wastewater resulting from the intentional or unintentional diversion of wastewater from a collection, treatment or disposal systems.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13271, Water Code.
s 2251. Reportable Quantities for Hazardous Wastes or Hazardous Substances.
For the purposes of Section 13271 of the Water Code, the reportable quantities for hazardous substances developed by the U.S. Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as contained in 40 CFR Part 302 dated July 1, 1987 shall be in effect.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13050, Water Code; and Section 13271, Water Code.
s 2260. Reporting Requirements.
Any person responsible for a discharge in excess of the reportable quantities of this subchapter that could affect the waters of the State shall immediately report the discharge in accordance with Section 13271 of the Water Code.
The reporting of discharges in excess of the reportable quantities of this subchapter shall not apply to discharges in compliance with waste discharge requirements, conditions of waiver of waste discharge requirements, or other provisions of Division 7 of the Water Code.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13271, Water Code.
s 2300. Statement of Intent.
Note: Authority cited: Sections 185 and 13169, Water Code.
s 2301. Policy on the Cleanup of Oil Spills.
s 2302. Scope of Regulations.
s 2303. Revision of Regulations.
s 2304. Definitions.
s 2310. Licensing Requirement.
s 2310.1. Application Fee and Deposit.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2311. Contents of Application.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2311.1. Standardized Tests and Product Testing.
s 2312. Responsibility of an Applicant.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2313. Standardized Tests and Product Testing.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2314. Licensing Criteria.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2315. Issuance of License.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2316. Term of License.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2317. Labeling Requirement.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2318. Legal Responsibility.
s 2320. Use of an OSCA Prior to Licensing.
s 2321. Interim Toxicity Criterion.
s 2330. Supervision and Enforcement of Use.
s 2331. Applicability of Regulations for Use.
s 2332. Requirements for the Use of OSCA.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference: Section 13169, Water Code.
s 2333. Observance of Manufacturer's Recommendations.
s 2334. Emergency Authorization for Use of Unlicensed OSCA.
s 2335. Experimental Use of OSCA.
s 2336. OSCA Endorsement.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13160, Water Code.
Note: Authority cited: Section 185, Water Code. Reference: Sections 13160 and 13320, Water Code.
Note: Authority cited: Section 1058, Water Code. Reference: Stats. 1979, Chapter 753.
s 2510. Applicability.
(a) The regulations in this chapter pertain to water quality aspects of waste discharge to land. The regulations in this chapter establish waste and site classifications and waste management requirements for waste treatment, storage, or disposal in landfills, surface impoundments, waste piles, and land treatment facilities. Requirements in this chapter are minimum standards for proper management of each waste category. Regional boards may impose more stringent requirements to accommodate regional and site-specific conditions. In addition, the requirements of this chapter apply to cleanup and abatement actions for unregulated discharges to land of hazardous waste (e.g., spills), taken pursuant to PIII.F.2. of SWRCB Resolution No. 92-49 (Section 2907, Title 23, of this code); the SWRCB-promulgated sections of Subdivision 1, Division 2, Title 27 of this code apply in a corresponding fashion to unregulated discharges to land of solid waste.
(b) Unless otherwise specified, alternatives to construction or prescriptive standards contained in this chapter may be considered. Alternatives shall only be approved where the discharger demonstrates that:
(1) the construction or prescriptive standard is not feasible as provided in subsection (c) of this section, and
(2) there is a specific engineered alternative that
(A) is consistent with the performance goal addressed by the particular construction or prescriptive standard; and
(B) affords equivalent protection against water quality impairment.
(c) To establish that compliance with prescriptive standards in this chapter is not feasible for the purposes of subsection (b) of this section, the discharger shall demonstrate that compliance with a prescriptive standard:
(1) is unreasonably and unnecessarily burdensome and will cost substantially more than alternatives which meet the criteria in subsection (b) of this section; or
(2) is impractical and will not promote attainment of applicable performance standards.
Regional boards shall consider all relevant technical and economic factors including, but not limited to, present and projected costs of compliance, potential costs for remedial action in the event that waste or leachate is released to the environment, and the extent of ground water resources which could be affected.
(d) Waste management units which are operating, or have received all permits necessary for construction and operation, on or before November 27, 1984 shall be designated as existing waste management units. This includes disposal sites classified under previous regulations and unclassified waste management units. Dischargers shall continue to operate existing waste management units under existing classifications and waste discharge requirements until those classifications and requirements are reviewed in accordance with Subsection 2591(c) of this chapter. Dischargers who have not filed a report of waste discharge for an existing waste management unit before the effective date of this chapter shall do so within 60 days. Existing waste management units shall be closed and maintained after closure according to Article 8 of this chapter. All other waste management units, including expansions and reconstructions of existing waste management units, shall comply with all applicable provisions of this chapter, as summarized in Table 3.1 and in Subsection 2540(d) of this chapter. Pending review and reclassification, the following provisions of this chapter shall apply to existing waste management units:
(1) within six months, dischargers are required to develop monitoring programs which comply with the requirements of Article 5 of this chapter for existing waste management units, and shall submit such programs to regional boards for approval; and
(2) dischargers may be required to submit additional technical and monitoring reports to regional water quality control boards as determined to be necessary on a case-by-case basis.
(e) In reviewing waste discharge requirements for existing waste management units, regional boards shall consider the results of monitoring programs developed under subsection (d)(1) of this subsection and technical and monitoring reports submitted under subsection (d)(2) of this section. Existing waste management units shall be reclassified according to the geologic sitting criteria in Article 3 of this chapter (as summarized in Table 3.1) and shall be required to comply with applicable construction standards in Article 4 of this chapter (as summarized in subsection 2540(d) of this chapter) as feasible. To establish that retrofitting is not feasible, the discharger shall be required to make the demonstrations in subsections (b) and (c) of this section.
(f) Regional boards shall implement the regulations in this chapter through the issuance of waste discharge requirements for waste management units.
(g) Persons responsible for discharges at waste management units which are closed, abandoned, or inactive on the effective date of these regulations may be required to develop and implement a monitoring program in accordance with Article 5 of this chapter. If water quality impairment is found, such persons may be required to develop and implement a corrective action program based on the provisions of this chapter.
(h) Discharges of mining waste, as defined in Subsection 2570(a) of this chapter, shall be regulated only by the provisions of Article 7 of this chapter and by such provisions of the other articles of this chapter as specifically referenced in Article 7.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13142, 13260 and 13263, Water Code.
s 2511. Exemptions.
The following activities shall be exempt from the provisions of this chapter.
(a) Discharges of domestic sewage or treated effluent which are regulated by waste discharge requirements issued pursuant to Article 9 of this chapter, or for which waste discharge requirements have been waived, and which are consistent with applicable water quality objectives, and treatment or storage facilities associated with municipal wastewater treatment plants, provided that residual sludges or solid waste from wastewater treatment facilities shall be discharged only in accordance with the applicable provisions of this chapter.
(b) Discharges of wastewater to land, including but not limited to evaporation ponds, percolation ponds, or subsurface leachfields if the following conditions are met:
(1) the applicable regional board has issued waste discharge requirements, reclamation requirements, or waived such issuance;
(2) the discharge is in compliance with the applicable water quality control plan; and
(3) the wastewater does not need to be managed according to Chapter 30 of Division 4 of Title 22 of this code as a hazardous waste.
(c) Discharges of waste to wells by injection pursuant to the Underground Injection Control Program established by the United States Environmental Protection Agency (USEPA) under the Safe Drinking Water Act, (42 U.S. Code Section 300[h], see Title 40 of the Code of Federal Regulations, Parts 144 to 146, 40 CFR 144 to 146).
(d) Actions taken by or at the direction of public agencies to cleanup or abate conditions of pollution or nuisance resulting from unintentional or unauthorized releases of waste or pollutants to the environment; provided that wastes, pollutants, or contaminated materials removed from the immediate place of release shall be discharged according to Article 2 of this chapter; and further provided that remedial actions intended to contain such wastes at the place of release shall implement applicable provisions of this chapter to the extent feasible.
(e) Discharges of condensate from methane gas recovery operations at classified waste management units if the following conditions are met:
(1) condensate shall have no chemical additives which could adversely affect containment features, and shall consist only of water and liquid contaminants removed from gas recovered at a waste management unit;
(2) condensate shall be discharged to a different landfill waste management unit with a leachate collection and removal system operated under waste discharge requirements issued by the regional board, or returned to the waste management unit(s) from which it came; and
(3) the discharger shall submit a report of waste discharge to the regional board pursuant to Article 9 of this chapter, and shall discharge condensate only in compliance with waste discharge requirements.
(f) Use of nonhazardous decomposable waste as a soil amendment pursuant to applicable best management practices, provided that regional boards may issue waste discharge or reclamation requirements for such use.
(g) Discharges of drilling mud and cuttings from well-drilling operations, provided that such discharges are to on-site sumps and do not contain halogenated solvents. At the end of drilling operations, the discharger shall either:
(1) remove all wastes from the sump; or
(2) remove all free liquid from the sump and cover residual solid and semi-solid wastes, provided that representative sampling of the sump contents after liquid removal shows residual solid wastes to be nonhazardous. If the sump has appropriate containment features, it may be reused.
(h) Recycling or other use of materials salvaged from waste, or produced by waste treatment, such as scrap metal, compost, and recycled chemicals, provided that discharges of residual wastes from recycling or treatment operations to land shall be according to applicable provisions of this chapter.
(i) Waste treatment in fully enclosed facilities, such as tanks, or in concrete-lined facilities of limited areal extent, such a oil-water separators designed, constructed, and operated according to American Petroleum Institute specifications.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13142, 13260 and 13269, Water Code.
s 2520. Applicability and Classification Criteria.
(a) This article contains a waste classification system which applies to wastes that cannot be discharged directly or indirectly to waters of the state and which therefore must be discharged to land for treatment, storage, or disposal in accordance with the requirements of this subchapter. Wastes which can be discharged directly or indirectly to waters of the state are regulated under waste discharge requirements which implement applicable water quality control plans and are not subject to the provisions of this subchapter. This waste classification system shall provide the basis for determining which wastes may be discharged at each class of waste management unit. Waste classifications are based on an assessment of the potential risk of water quality degradation associated with each category of waste.
(1) The waste classifications in this article shall determine where the waste may be discharged unless the discharger establishes, to the satisfaction of the regional board, that a particular waste constituent or combination of constituents presents a lower risk of water quality degradation than indicated by classification according to this article.
(2) Discharges of wastes identified in Sections 2521, 2522, or 2523 of this article shall be permitted only at waste management units which have been approved and classified by the appropriate regional board in accordance with the criteria established in Article 3 of this subchapter, and for which waste discharge requirements have been prescribed or waived pursuant to Article 9 of this subchapter. Table 2.1 presents a summary of discharge options for each waste category.
(b) The following wastes shall be discharged only at dedicated waste management units which are designed and constructed to contain such wastes:
(1) wastes which cause corrosion or decay, or otherwise reduce or impair the integrity of containment structures;
(2) wastes which, if mixed or commingled with other wastes under conditions, produce violent reaction, heat or pressure, fire or explosion, toxic by products, or reaction products which:
(A) require a higher level of containment,
(B) are restricted wastes, or
(C) impair the integrity of containment structures.
(c) Dischargers shall be responsible for accurate characterization of wastes, including determinations of whether or not wastes will be compatible with containment features and other wastes at a waste management unit under subsection (b) of this section, and whether or not wastes are required to be managed as hazardous wastes under Section 66300 of Title 22 of this code.
(d) Management of liquids at classified waste management units:
(1) No liquid waste, or containers containing free liquid, shall be discharged to a Class I landfill or waste pile unless the waste has been treated to eliminate fee liquids. Liquid waste may be treated by evaporation, mixture with sorbent solids, chemical reaction, or other means. Exceptions to this rule may be granted by regional boards for landfill disposal of:
(A) Small containers which will not, individually or cumulatively, add a significant volume of liquid to the landfill, provided that, for hazardous waste, the exemption shall be available only for very small containers, such as ampoules;
(B) Containers designed to hold free liquids for reasons other than storage (e.g., batteries, capacitors), provided that such containers are sealed and less than 3 cubic feet (56.5 litres) in volume; or
(C) lab packs, as defined in Section 67424 of Title 22 of this code, provided that such lab packs are disposed of as required by that section;
(D) bulk or noncontainerized liquids, provided that the regional board finds that there is no feasible alternative to discharge at a landfill, that a minimum solids-to-liquids ratio of 5:1 by weight is maintained at the landfill, that the landfill is equipped with a liner and a leachate collection and removal system, and provided that such discharges shall not continue after December 31, 1989.
(2) Wastes containing free liquids may not be discharged to a Class II waste pile. Any waste that contains liquid in excess of the moisture-holding capacity of the waste in the Class II landfill, or which may contain liquid in excess of the moisture-holding capacity as a result of waste management operations, compaction, or settlement shall only be discharged to a surface impoundment or to a waste management unit with containment features equivalent to a surface impoundment.
(3) Liquids or semi-solid waste (i.e., waste containing less than 50 percent solids), other than dewatered sewage or water treatment sludge as described in Subsection 2523(c) of this article, shall not be discharged to Class III landfills. Exceptions may be granted by the regional board if the discharger can demonstrate that such discharge will not exceed the moisture-holding capacity of the landfill, either initially or as a result of waste management operations, compaction, or settlement.
TABLE 2.1. SUMMARY OF WASTE MANAGEMENT STRATEGIES FOR DISCHARGES OF WASTE TO
LAND [FN1]
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Waste Sitting
Waste Management Primary and
Waste Management Unit Contain- Geologic
____________
Category [FN2], Strategy Class Type ment [FN4] Criteria [FN5]
[FN3]
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Liquid Full I Surface Double (a) Natural fea-
Hazardous 6 containment Impoundment Liners [FN7] tures capable of
containing waste
and leachate as
backup to primary
containment.
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Solid Full I Landfill Double
Hazardous 6 Containment Liners [FN7]
Dry Full I Waste Double (b) Not located
Solid Containment Pile Liners in areas of
[FN7],
[FN8]
unacceptable
risk from
Hazardous [FN6] geologic or
enviromental
hazards.
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Liquid Full II Surface Double (a) Natural fea-
Designated Containment Impoundment Liners tures, capable
[FN7],
[FN9]
(including of containing
underwatered waste and
sludge) leachate may
satisfy
primary contain-
requirements
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Solid Full II Landfill Single
Designated Containment
Dry Full II Waste Single (b) May be loc-
Solid Containment Pile Liner ated in most
[FN10],
[FN11]
Designated areas except
high risk
areas.
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Nonhazardous Protect III Landfill None [FN12] (a) Consider-
Solid Waste Beneficial ation of factors
(including de- Uses listed in
watered sludge Subsection
and acceptable 2533(b) [FN12]
incinerator ash) (b) May be loc-
ated in most
areas except
high risk areas.
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[FN1] See Sec. 2510 for applicability to existing facilities.
[FN2] Waste in any category may be discharged at waste management units with higher levels of containment ability.
[FN3] Wastes suitable for land treatment in any category may be discharged at land treatment facilities.
[FN4] See Article 4 of this subchapter.
[FN5] See Article 3 of this subchapter.
[FN6] Certain hazardous wastes may be discharged at Class II waste management units, see Sec. 2522(a)(2).
[FN7] Leachate collection and removal system (LCRS) required.
[FN8] Single liner may be acceptable, see Table 4.1.
[FN9] Suitable natural features may satisfy requirements for outer liner where double liners are needed. Single replaceable clay liner (no LCRS) also acceptable.
[FN10] Suitable natural features may satisfy primary containment requirement.
[FN11] LCRS required as appropriate.
[FN12] Units at sites not meeting sitting and geologic criteria must have a single liner and LCRS.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2521. Hazardous Waste.
(a) Hazardous waste is any waste which, under Section 66261.3 of Title 22 of this code, is required to be managed according to Chapter 11 of Division 4.5 of Title 22 of this code.
(b) Hazardous wastes shall be discharged only at Class I waste management units which comply with the applicable provisions of this chapter unless wastes qualify for a variance under Section 66260.210 of Title 22 of this code.
(c) Wastes which fall under the restrictions of Chapter 18 of Division 4.5 of Title 22 of this code (s66268.1 et seq.) shall not be discharged for treatment, storage, or disposal except as provided in that chapter.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13050 and 13172, Water Code.
s 2522. Designated Waste.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2523. Nonhazardous Solid Waste.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2524. Inert Waste.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2530. Classification and Siting Criteria.
(a) Waste management units shall be classified according to their ability to contain wastes. Containment shall be determined by geology, hydrology, topography, climatology, and other factors relating to the ability of the waste management unit to protect water quality. A waste management facility may consist of several waste management units each with a different classification. [Note: for Units that receive only solid waste, see s20200- s20260, Subdivision 1, Division 2, Title 27 of this Code]. Classification of waste management units for hazardous waste shall be based on the criteria contained in this article, on field inspections by RWOCB and State Water Resources Control Board staffs, and on other pertinent information. Information used to classify waste management units shall be submitted according to the provisions of Article 9 of this chapter. Classified waste management units shall comply with appropriate waste discharge requirements.
(b) Existing waste management units for, or that contain, hazardous waste shall be reclassified according to applicable criteria in this article, provided that such units:
(1) comply with siting criteria for each category of existing units in Section 2531 of this article, and summarized in Table 3.1 of this article; and
(2) are operating in compliance with Subsection 2510(d) of this chapter.
(c) All new Class I landfills, waste piles, and surface impoundments shall be sited, designed, constructed, and operated to ensure that wastes will be a minimum of 5 feet above the highest anticipated elevation of underlying ground water. Existing landfills, waste piles, and surface impoundments shall be operated to ensure that wastes will be a minimum of 5 feet above the highest anticipated elevation of underlying ground water. For new and existing land treatment units, the base of the treatment zone shall be a minimum of 5 feet above the highest anticipated elevation of underlying ground water and dischargers shall not be entitled to exemption under Subsection 2510(b) of this chapter.
(d) All containment structures at waste management units shall have a foundation or base capable of providing support for the structures and capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a registered civil engineer or certified engineering geologist.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2531. Class I: Waste Management Units for Hazardous Waste.
(a) Class I disposal units shall be located where natural geologic features provide optimum conditions for isolation of wastes from waters of the state. The classification criteria for new disposal units in this section shall be applied to new treatment and storage units, and shall be used for reclassification of existing waste management units according to the following categories:
(1) existing units at disposal sites approved as Class I under previous regulations and any expansion or reconstruction thereof (designated as "I" in Table 3.1);
(2) existing units at disposal sites approved as limited Class I ( "I") or Class II-1 ( "II-1") under previous regulations;
(3) existing units used for treatment or storage of hazardous wastes ( "T/S"), whether or not classified under previous regulations; and
(4) reconstruction ( "REC") or Expansion ( "EX") of existing units described in subsections (a)(2) and (a)(3) of this section.
(b) Geologic Setting
(1) New and existing Class I units shall be immediately underlain by natural geologic materials which have a permeability of not more than 1 x 10<>- 7cm/sec, and which are of sufficient thickness to prevent vertical movement of fluid, including waste and leachate, from waste management units to waters of the state as long as wastes in such units pose a threat to water quality. Class I units shall not be located where areas of primary (porous) or secondary (rock opening) permeability greater than 1 x 10<>-7 cm/sec could impair the competence of natural geologic materials to act as a barrier to vertical fluid movement. These provisions do not apply to Class I land treatment facilities.
(2) Natural or artificial barriers shall be used to prevent lateral movement of fluid, including waste and leachate.
(c) Flooding -New disposal units and existing units in Category I other than existing land treatment units, shall be located outside of floodplains subject to inundation by floods with a 100-year return period. Other existing units and new treatment and storage units may be located within such floodplains provided that such units are designed, constructed, operated, and maintained to prevent inundation or washout due to floods with a 100-year return period.
(d) Ground Rupture -New units and existing units in Categories I, I', REC, and EX, other than existing land treatment units, shall have a 200-foot setback from any known Holocene fault. Existing units in Categories II-1 and T/S and existing land treatment units may be located within 200 feet of a known Holocene fault, provided that containment structures are capable of withstanding ground accelerations associated with the maximum credible earthquake.
(e) Rapid Geologic Change -New disposal units and existing units in Categories I, I', and EX, other than existing land treatment units, shall be located outside areas of potential rapid geologic change. Other units may be located in such areas if containment structures are designed, constructed, and maintained to preclude failure, as a result of such changes.
(f) Tidal Waves -New disposal units shall be located outside areas subject to tsunamis, seiches, and surges. Other units may be located within these areas if designed, constructed, and maintained to preclude failure due to such events.
Table 3.1 Geologic and Siting Criteria for Class I
Waste Management Units Waste Management Unit Classification
Site Charac- Reclassification of
teristics New Class I Existing Class I [FN1]
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Geologic Maximum attainable isolation I I [FN1] II-I T/S <>REC
EX
Setting from ground water; see Section Yes Yes Yes Yes Yes Yes
2531(b) of this article.
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Flooding Outside of 100-year Yes No [FN5] No [FN5] No [FN5] No
[FN5] No [FN5]
floodplain. [FN4]
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Ground 200 [FN1] setback from known Yes Yes No [FN5] No [FN5] Yes Yes
Rupture Holocene fault.
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Rapid Outside subject area Yes Yes No [FN5] No [FN5] No
[FN5] Yes
Geologic (potential to impair
Change containment) [FN4] (continued)