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Tidal Outside subject No siting restriction [FN5]
Waves [FN6] coastal areas. [FN4]
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"Yes" means the unit shall comply with requirements for new Class I facilities.
[FN1] This category is defined in Subsection 2531(a) of this article.
[FN2] [Reserved.]
[FN3] [Reserved.]
[FN4] Waste management units used only for treatment and storage may be located within prescribed areas, provided that exemption from applicable siting criteria is conditioned on protection of treatment and storage from geologic or environmental hazards involved.
[FN5] Exemption from siting criteria does not release dischargers from the obligation to protect waste management units from the geologic or environmental hazards involved. Exemption is conditions on such protection.
[FN6] "Tidal waves" includes tsunamis, seiches, and surge condition.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2532. Class II: Waste Management Units for Designated Waste.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2533. Class III: Landfills for Nonhazardous Solid Waste.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2540. General Construction Criteria.
(a) Class I waste management units shall be designed and constructed to prevent migration of wastes from the waste management units to adjacent geologic materials, ground water, or surface water, during disposal operations, closure, and the post-closure maintenance period.
(b) [Reserved.]
(c) [Reserved.]
(d) New Class I landfills, waste piles, and surface impoundments shall comply with the requirements of this article. Existing Class I waste piles and surface impoundments shall be fitted with liners and leachate collection and removal systems as described in Sections 2542 and 2543 of this article as feasible. Existing Class I landfills and waste piles shall have interim cover as described in Section 2544 of this article. Existing Class I landfills, waste piles, and surface impoundments shall be fitted with subsurface barriers as described in Section 2545 of this article as needed and feasible, and shall have precipitation and drainage control facilities as described in Section 2546 of this article. Existing Class I surface impoundments shall comply with Section 2548 of this article. New and existing Class I land treatment units shall comply with Section 2549 of this article. All existing Class I waste management units shall comply with the seismic design criteria in Section 2547 of this article.
(e) Containment structures shall be designed by and construction shall be supervised and certified by a registered civil engineer or a certified engineering geologist. Facilities shall receive a final inspection and approval of the construction by regional board or State Board staff before use of the facility commences.
(f) The integrity of containment structures shall be maintained. Excavations made as part of discharge operations shall not result in removal of any portion of a containment structure.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2541. General Criteria for Containment Structures.
(a) Materials used in containment structures shall have appropriate chemical and physical properties to ensure that such structures do not fail to contain waste because of pressure gradients (including hydraulic head and external hydrogeologic forces), physical contact with the waste or leachate, chemical reactions with soil and rock, climatic conditions, the stress of installation, and the stress of daily operation.
(b) Permeabilities specified for containment structures other than cover shall be relative to the fluids, including waste and leachate, to be contained. Permeabilities specified for final cover shall be relative to water.
(c) Permeabilities shall be determined primarily by appropriate field test methods in accordance with accepted civil engineering practice. The results of laboratory tests with both water and leachate, and field tests with water, shall be compared to evaluate how the field permeabilities will be affected by leachate. Appropriate compaction tests may be used in conjunction with laboratory permeability tests to determine field permeabilities as long as a reasonable number of field permeability tests are also conducted. One acceptable method for testing the compatibility of leachate and clay liners (including the permeability of the liner to leachate) is given in Appendix I.
(d) Earthen materials used in containment structures other than cutoff walls and grout curtains shall consist of a mixture of clay and other suitable fine-grained soils which have the following characteristics, and which, in combination, can be compacted to attain the required permeability when installed. Liners made of such materials are referred to as "clay liners" in this chapter.
(1) At least 30 percent of the material, by weight, shall pass a No. 200 U. S. Standard sieve.
(2) The materials shall be fine-grained soils with a significant clay content and without organic matter, in the "SC" (clayey sand), "CL" (clay, sandy or silty clay), or "CH" (clay, sandy clay) classes of the Unified Soil Classification system.
(e) Construction standards for waste management units other than land treatment are given on Table 4.1 and in Figure 4.1.
Table 4.1. Construction Standards for Waste Management Units [FN1]
[Note: The following TABLE/FORM is too wide to be displayed on one screen.
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Waste Type of Leachate
Waste
Mgmt Unit Management Synthetic Collection and
Classification Unit Clay Liner [FN(2)] Liner Removal System
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Class I Landfill required, required required,
[FN(7)] blanket
< 1*10<>-7 type
cm/sec
Surface double liner [FN(3)] required required,
[FN(8)] blanket
Impoundment < 1*10<>-7 type
cm/sec
Waste Pile optional [FN(4)] may be required,
[FN(9)]
< 1*10<>-7 required blanket type
cm/sec
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1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+....
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Capacity of
Subsurface Barriers Precipitation
and
Interim Cutoff Grout Drainage Control
Cover Walls Curtains Facilities
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required < 1*10<>-7 < 1*10<>-7 probable
cm/sec
cm/sec [FN(10)] maximum
precipitation
< 1*10<>-7 < 1*10<>-7
cm/sec
cm/sec [FN(10)]
required < 1*10<>-7 < 1*10<>-7
cm/sec
cm/sec [FN(10)]
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80..+...90....+....0....+...10....+...20....+...30....+...40....+...50
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Seismic
Design
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withstand
maximum
credible
earthquake
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150.....60.
[FN1] Applicable regulations in this article may provide for exemptions to certain requirements. Subsection 2540(d) of this article describes applicability to existing facilities.
[FN2] All permeabilities specified in this table are maximum allowable permeabilities.
[FN3] Outer liner shall be a clay liner; inner liner may be a synthetic liner instead of a clay liner if inspected according to Subsection 2548(f) of this article.
[FN4] A synthetic liner alone may be allowed based on nature of waste to be contained and duration of the operation. A waste pile with a synthetic liner alone may not be closed as a landfill pursuant to Section 2583 of this chapter. The synthetic liner permeability shall be the same or less than that which would be required for a clay liner.
[FN5] [Reserved.]
[FN6] [Reserved.]
[FN7] Synthetic inner liner required in addition to a clay outer liner unless exempted pursuant to Subsection2510(b) of this chapter.
[FN8] Synthetic inner liner required in addition to a clay liner unless the surface impoundment is closed according to Subsection 2582(b)(1)of this chapter, or unless exempted pursuant to Subsection 2510(b) of this chapter.
[FN9] Synthetic inner liner required unless the pile is closed according to Subsection 2583(a)(1), or unless exempted pursuant to Subsection 2510(b) of this chapter.
[FN10] Cutoff walls required where there is potential for lateral movement of fluid, including waste or leachate.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2542. Liners.
(a) Liners shall be designed and constructed to contain the fluid, including waste and leachate, as required by Article 3 of this chapter.
(b) Clay liners for a Class I waste management unit shall be a minimum of 2 feet thick and shall be installed at a relative compaction of at least 90 percent.
(c) Synthetic liners shall have a minimum thickness of 40 mils.
(d) Liners shall be installed to cover all natural geologic materials at a waste management unit likely to be in contact with waste or leachate.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2543. Leachate Collection and Removal Systems.
(a) Leachate collection and removal systems are required for Class I landfills, surface impoundments, and waste piles. The systems shall be installed directly above underlying containment features for landfills and waste piles, and installed between the liners for surface impoundments. Leachate collection and removal systems requirements are summarized on Table 4.1.
(b) Where leachate collection and removal systems are used, they shall be installed immediately above the liner, or between the inner and outer liner of a double-liner system, and shall be designed, constructed, maintained, and operated to collect and remove twice the maximum anticipated daily volume of leachate from the waste management unit.
(c) Regional boards shall specify design and operating conditions in waste discharge requirements to ensure that there is no buildup of hydraulic head on the liner. The depth of fluid in the collection sump shall be kept at the minimum needed to ensure efficient pump operation.
(d) Leachate collection and removal systems shall be designed and operated to function without clogging through the scheduled closure of the waste management unit and during the post-closure maintenance period. The systems shall be tested at least annually to demonstrate proper operation. The results of the tests shall be compared with earlier tests made under comparable conditions.
(e) Leachate collection and removal system shall consist of a permeable subdrain layer which covers the bottom of the waste management unit and extends as far up the sides as possible, (i.e., blanket-type). The collection and removal system shall be of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the waste management units.
(f) [Reserved.]
(g) Collected leachate shall be system returned to the waste management unit(s) from which it came or discharged in another manner approved by he regional board. Collected leachate may be discharged to a different waste management unit if:
(1) the receiving waste management unit has a leachate collection and removal system, contains wastes which are similar in classification and characteristics to those in the waste management unit(s) from which leachate was extracted, and has at least the same classification under Article 3 of this chapter as the units from which leachate was extracted; and
(2) the discharge to a different waste management unit is approved by the regional board; and
(3) the discharge of leachate to a different waste management unit shall not exceed the moisture-holding capacity of the receiving unit, and shall comply with Subsection 2520(d) of this chapter.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2544. Interim Cover.
(a) Interim cover at landfills is daily cover and intermediate cover as defined by the California Waste Management Board.
(b) Interim cover over wastes discharged to a landfill shall be designed and constructed to minimize percolation of precipitation through wastes.
(c) Class I waste piles shall be covered as necessary to prevent percolation of precipitation through wastes.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2545. Subsurface Barriers.
(a) Subsurface barriers are cutoff walls or grout curtains which are used in conjunction with natural geologic materials to assure that lateral permeability standards specified in Article 3 of this chapter are satisfied. Subsections (b) and (c) specify conditions under which cutoff walls and grout curtains are used.
(b) Cutoff walls
(1) Cutoff walls are required at Class I waste management units where there is potential for lateral movement of fluid, including waste or leachate.
(2) Cutoff walls shall be:
(A) a minimum of two feet thick for clay materials; or
(B) a minimum of 40 mils thick for synthetic materials; and
(C) keyed a minimum of five feet into natural geologic material which satisfies the applicable permeability requirements in Article 3 of this chapter.
(3) If cutoff walls are used, excavations for waste management units shall be keyed into natural geologic materials which satisfy applicable permeability requirements in Article 3 of this chapter.
(4) At closure of a waste pile or surface impoundment, all contaminated natural geologic materials present between the cutoff wall(s) and the waste shall be removed and disposed of at an authorized location, or the waste management unit shall be closed as a landfill.
(5) Cutoff walls shall have fluid collection systems installed upgradient of the structure. The systems shall be designed, constructed, operated, and maintained to prevent the buildup of hydraulic head against the structure. The collection system shall be inspected regularly, and accumulated fluid shall be removed.
(c) Grout Curtains
(1) Grout curtains may be used as needed to prevent lateral waste movement through fractures in natural geologic materials that otherwise satisfy applicable permeability requirements in Article 3 of this chapter. Only fractures that are at or near the surface and are of limited vertical extent may be grouted.
(2) The acceptability of grout curtains for a waste management unit shall include consideration of:
(A) depth and nature of fracturing; and
(B) fracture orientation.
(3) Grout characteristics shall not be adversely affected by fluid, including waste and leachate, or natural conditions.
(4) Optimum grouting pressure and placement of grout holes shall be determined by test grouting.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2546. Precipitation and Drainage Controls.
(a) Class I waste management units and containment structures shall be designed and constructed to limit, to the greatest extent possible, ponding, infiltration, inundation, erosion, slope failure, washout, and overtopping under the precipitation conditions specified in Table 4.1 of this article.
(b) Precipitation on Class I landfills or waste piles which is not diverted by covers or drainage control systems shall be collected and managed through the leachate collection and removal system, which shall be designed and constructed to accommodate precipitation conditions specified in Table 4.1 of this article.
(c) Diversion and drainage facilities shall be designed and constructed to accommodate the anticipated volume of precipitation and peak flows from surface runoff under the precipitation conditions specified in Table 4.1 of this article.
(d) Collection and holding facilities associated with precipitation and drainage control systems shall be emptied immediately following each storm or otherwise managed to maintain the design capacity of the system.
(e) Surface and subsurface drainage from outside of a waste management unit shall be diverted from the waste management unit.
(f) Cover materials shall be graded to divert precipitation from the waste management unit, to prevent ponding of surface water over wastes, and to resist erosion as a result of precipitation with the return frequency specified in Table 4.1 of this article.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2547. Seismic Design.
Class I waste management units shall be designed to withstand the maximum credible earthquake without damage to the foundation or to the structures which control leachate, surface drainage, erosion, or gas.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2548. Special Requirements for Surface Impoundments.
(a) Surface impoundments shall have sufficient freeboard to accommodate seasonal precipitation and precipitation conditions specified in Table 4.1 of this article but in no case less than 2 feet (measured vertically), and shall be designed and constructed to prevent overtopping as a result of wind conditions likely to accompany such precipitation conditions. A freeboard of less than 2 feet may be allowed at interior surface impoundments of a waste management facility where potential overflows would be to exterior surface impoundments, the operation implements a properly developed water balance plan, and the facility is provided with a fail-safe emergency retention area solely for the purpose of containing wastes due to surface impoundment failures.
(b) An operation plan shall be submitted to the regional board which will provide operation levels and waste input quantities permitted each month based on anticipated precipitation and on past precipitation conditions for the year.
(c) Direct pipeline discharge to surface impoundments shall be either equipped with devices or shall have fail-safe operating procedures to prevent overfilling. Discharges shall be stopped in the event of any containment system failure which causes a threat to water quality.
(d) There shall be no discharge from a surface impoundment except as authorized by waste discharge requirements.
(e) Surface impoundments shall be designed and constructed to prevent scouring of containment structures at points of discharge into the impoundments and by wave action at the waterline.
(f) All visible portions of synthetic liners shall be inspected weekly until all free liquid is removed from the surface impoundment as part of closure. If, during the active life of the impoundment, the wastes are removed and the bottom of the impoundment cleaned down to the liner, an inspection shall be made of the bottom of the liner prior to refilling of the impoundment.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2549. Special Requirements for Land Treatment Facilities.
(a) Dischargers operating land treatment facilities shall comply with the general criteria specified in Subsections 2541(a) and (d) of this article, with the precipitation and drainage controls specified in Section 2546 of this article, and with the seismic design criteria in Section 2547 of this article.
(b) Dischargers shall design, construct, operate, and maintain land treatment units to maximize the degradation, transformation, and immobilization of waste constituents in the treatment zone.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
s 2550. Applicability.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2550.0. Applicability.
(a) The regulations in this article apply to owners or operators of facilities that treat, store, or dispose of hazardous waste at Class I waste management units. The owner or operator of a surface impoundment, waste pile, landfill, or land treatment unit that receives or has received waste (hereinafter referred to as "waste management units") that is subject to this chapter, pursuant to Article 1 of this chapter, shall comply with the provisions of this article for purposes of detecting, characterizing, and responding to releases to ground water, surface water, or the unsaturated zone. Additionally, notwithstanding any other provision of Article 1 of this chapter, the provisions of this article apply to all waste management units that received hazardous waste between July 26, 1982, and December 8, 1984. Furthermore, s2550.4 of this article also applies to all determinations of alternative cleanup levels for unpermitted discharges to land of hazardous waste, pursuant to PIII.G. of SWRCB Resolution No. 92-49 (Section 2907, Title 23 of this code) [s20400 of Title 27 of this code serves a similar function for unpermitted discharges to land of solid waste].
(b) Waste discharge requirements shall contain a provision which requires the discharger to obtain and maintain assurances of financial responsibility for initiating and completing corrective action for all known or reasonably foreseeable releases from the waste management unit and for initiating and completing all corrective action required pursuant to subsection (c) of this section and section 2550.12 of this article. The discharger shall obtain financial assurance meeting the requirements of this subsection in accordance with the following schedule:
(1) all waste management units to which waste has not been discharged as of 7- 1-91 shall obtain financial assurances prior to discharging waste;
(2) waste management units in the following categories shall obtain financial assurance within six months after 7-1-91:
(A) [Reserved.];
(B) [Reserved]; and
(C) Class I units that received hazardous waste after July 26, 1982.
(c) Dischargers seeking waste discharge requirements for treatment, storage or disposal of hazardous waste at a facility shall comply with the provisions of section 2550.12 of this article for all areas at the facility, other than waste management units, from which hazardous wastes (or hazardous constituents) have migrated, regardless of the time at which waste was discharged.
(d) The regulations under this article apply during the active life of the waste management unit and the closure period of the unit. After closure of the waste management unit, the regulations in this article apply during the post-closure maintenance period of the waste management unit and during any compliance period under section 2550.6 of this article, unless:
(1) the waste management unit has been in compliance with the water quality protection standard for a period of three consecutive years; and
(2) all waste, waste residues, contaminated containment system components, contaminated subsoils, and all other contaminated materials are removed or decontaminated at closure.
(e) For purposes of this article, subsections 2510(b) and (c) of Article 1 of this chapter do not apply.
(f) For waste management units which are operating, or have received all permits necessary for construction or operation on or before 7-1-91, the discharger shall propose monitoring programs which comply with the provisions of this article and submit these proposed programs to the regional board. Owners or operators of Class I units shall make this submittal within six months of 7-1-91 and the regional board shall revise the waste discharge requirements to implement the provisions of this article within one year of submittal. The discharger shall begin any necessary construction within 30 days of regional board approval of the proposed programs and shall implement the approved monitoring programs according to a schedule of compliance established by the regional board.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2550.1. Required Programs.
(a) A discharger subject to this article shall conduct a monitoring and response program, approved by the regional board, for each waste management unit at the facility as follows.
(1) The discharger shall institute a detection monitoring program under section 2550.8 of this article except as required under Subsections (a)(2), (a)(3), and (a)(4) of this section;
(2) The discharger shall institute an evaluation monitoring program under section 2550.9 of this article whenever there is statistically significant evidence of a release, pursuant to subsections 2550.8(g) or (i) of this article, from the waste management unit during a detection monitoring program;
(3) The discharger shall institute an evaluation monitoring program under section 2550.9 of this article whenever there is significant physical evidence of a release from the waste management unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil characteristics, visible signs of leachate migration, and unexplained water table mounding beneath or adjacent to the waste management unit and any other change to the environment that could reasonably be expected to be the result of a release from the waste management unit; and
(4) The discharger shall institute a corrective action program under section 2550.10 of this article when the regional board determines pursuant to section 2550.9 of this article that the assessment of the nature and extent of the release and the design of a Corrective Action Program have been satisfactorily completed and the regional board approves the application for an amended report of waste discharge for corrective action submitted by the discharger during an evaluation monitoring program pursuant to subsection 2550.9(d) of this article.
(b) The regional board shall specify in the waste discharge requirements the specific type or types of monitoring programs required and the specific elements of each monitoring and response program. For each waste management unit, the regional board shall require one or more of the programs identified in subsection (a) of this section that is appropriate for the prevailing state of containment at the waste management unit and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the discharger to be prepared to institute a particular program, the regional board shall consider the potential adverse effects on human health or the environment that might occur before final administrative action on an amended report of waste discharge to incorporate such a program could be taken.
(c) In conjunction with an evaluation monitoring program or a corrective action program, the discharger shall continue to conduct a detection monitoring program under section 2550.8 of this article as necessary to provide the best assurance of the detection of subsequent releases from the waste management unit.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267, and 13304, Water Code.
s 2550.2. Water Quality Protection Standard.
(a) For each Class I waste management unit, the regional board shall establish a water quality protection standard in the waste discharge requirements. This water quality protection standard shall consist of the list of constituents of concern under section 2550.3 of this article, the concentration limits under section 2550.4 of this article, and the point of compliance and all monitoring points under section 2550.5 of this article.This water quality protection standard shall apply during the active life of the waste management unit, the closure period, the post-closure maintenance period, and during any compliance period under section 2550.6 of this article.
(b) If a discharger is conducting a detection monitoring program in conjunction with an evaluation or corrective action program for a Class I waste management unit pursuant to section 2550.1(c) of this article, the regional board may establish separate water quality protection standards for each program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
s 2550.3. Constituents of Concern.
For each Class I waste management unit, the regional board shall specify in the waste discharge requirements the constituents of concern to which the water quality protection standard of section 2550.2 of this article applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the waste management unit.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
s 2550.4. Concentration Limits.
[Note: The special applicability of this section is described in s2550.0(a) of this article; see also s2510(a) of this chapter.]
(a) For each constituent of concern specified pursuant to section 2550.3 of this article (or for a hazardous constituent that is addressed by a cleanup and abatement action taken pursuant to SWRCB Resolution No. 92-49 [section 2907, Title 23 of this code]), the discharger shall propose one of the following for each medium (including ground water, surface water, and the unsaturated zone) that is monitored pursuant to section 2550.7 of this article (or that is included in a cleanup and abatement action under SWRCB Resolution No. 92-49):
(1) a concentration limit not to exceed the background value of that constituent as determined pursuant to subsection 2550.7(e)(11)(A) of this article;
(2) that the waste discharge requirements include a statement that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to subsection 2550.7(e)(11)(B) of this article; or
(3) a concentration limit greater than background established pursuant to this section for a corrective action program.
(b) The regional board shall review the proposed concentration limits and statements and shall approve, modify, or disapprove each proposed limit and each proposed statement. Upon final approval by the regional board, each concentration limit and each statement shall be specified in waste discharge requirements. The regional board shall approve more than one concentration limit for different monitoring points in the same medium only if:
(1) more than one background condition exists within a particular medium;
(2) the statistical method approved for a constituent uses intra-well comparisons procedures; or
(3) concentration limits greater than background have been established for a corrective action program at the monitoring points in the zone affected by a release from the waste management unit.
(c) For a corrective action program, the regional board shall establish a concentration limit for a constituent of concern that is greater than the background value of that constituent only if the regional board finds that it is technologically or economically infeasible to achieve the background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the concentration limit greater than background is not exceeded. In making this finding, the regional board shall consider the factors specified in subsection (d) of this section, the results of the engineering feasibility study submitted pursuant to subsection 2550.9(c) of this article, data submitted by the discharger pursuant to subsection 2550.9(d)(2) of this article to support the proposed concentration limit greater than background, public testimony on the proposal, and any additional data obtained during the evaluation monitoring program.
(d) In establishing a concentration limit greater than background for a constituent of concern, the regional board shall consider the following factors:
(1) potential adverse effects on ground water quality and beneficial uses, considering:
(A) the physical and chemical characteristics of the waste in the waste management unit;
(B) the hydrogeological characteristics of the facility and surrounding land;
(C) the quantity of ground water and the direction of ground water flow;
(D) the proximity and withdrawal rates of ground water users;
(E) the current and potential future uses of ground water in the area;
(F) the existing quality of ground water, including other sources of contamination or pollution and their cumulative impact on the ground water quality;
(G) the potential for health risks caused by human exposure to waste constituents;
(H) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and
(I) the persistence and permanence of the potential adverse effects; and
(2) potential adverse effects on surface water quality and beneficial uses, considering:
(A) the volume and physical and chemical characteristics of the waste in the waste management unit;
(B) the hydrogeological characteristics of the facility and surrounding land;
(C) the quantity and quality of ground water and the direction of ground water flow;
(D) the patterns of precipitation in the region;
(E) the proximity of the waste management unit to surface waters;
(F) the current and potential future uses of surface waters in the area;
(G) the existing quality of surface water including other sources of contamination or pollution and the cumulative impact on surface water quality;
(H) the potential for health risks caused by human exposure to waste constituents;
(I) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and
(J) the persistence and permanence of the potential adverse effects.
(e) In no event shall a concentration limit greater than background established under this section for a constituent of concern exceed the lowest concentration that the discharger demonstrates and the regional board finds is technologically and economically achievable. No provision of this section shall be taken to allow a concentration limit greater than background, for a constituent of concern, to exceed the maximum concentration that would be allowed under other applicable statutes or regulations (e.g., Maximum Concentration Limits established under the federal Safe Drinking Water Act [P.L.93-523, codified as chapter XII of the Public Health Service Act at 42 USC 300f, et. seq.; regulations establishing MCL's are located in 40 CFR Part 141, Subpart B], etc.).
(f) For ground water, in evaluating risk pursuant to subsection (d) of this section to any biological receptor, the risk shall be evaluated as if exposure would occur at the point of compliance.
(g) Proposals for concentration limits greater than background shall include a demonstration that the aggregate of hazardous constituents in the environment will not result in excessive exposure to a sensitive biological receptor. In the absence of scientifically valid data to the contrary, theoretical risks from chemicals associated with the release from the waste management unit shall be considered additive across all media of exposure, and shall be considered additive for all chemicals having similar toxicological effects or having carcinogenic effects.
(h) A concentration limit greater than background may only be applied during corrective action, or during detection monitoring following corrective action, at monitoring points at which statistically significant evidence of the release has been determined.
(i) When a detection monitoring program incorporating a concentration limit greater than background is reinstated after a corrective action program has been terminated, each concentration limit greater than background shall be re-evaluated during each review of waste discharge requirements or at least every five years. If the regional board, upon re-evaluation, determines that the concentration of a constituent of concern in ground water, surface water, or the unsaturated zone is lower than its associated concentration limit by a statistically significant amount, the concentration limit for that constituent shall be lowered to reflect current water quality.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
s 2550.5. Monitoring Points and the Point of Compliance.
(a) For each Class I waste management unit, the regional board shall specify in the waste discharge requirements the point of compliance at which the water quality protection standard of section 2550.2 of this article applies. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management unit that extends through the uppermost aquifer underlying the unit. For each Class I waste management unit, the regional board shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 2550.7 of this article at which the water quality protection standard under section 2550.2 of this article applies and at which monitoring shall be conducted.
(b) If the facility contains contiguous waste management units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the point of compliance may be located at the hydraulically downgradient limit of an area described by an imaginary line along the outer boundary of the contiguous waste management units. This provision only applies to contiguous waste management units that have operated or have received all permits necessary for construction and operation before 7- 1-91.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
s 2550.6. Compliance Period.
(a) The regional board shall specify in waste discharge requirements a compliance period for each Class I waste management unit. The compliance period is the number of years equal to the active life of the waste management unit (including any waste management activity prior to the adoption of the waste discharge requirements) plus the closure period. The compliance period is the minimum period of time during which the discharger shall conduct a water quality monitoring program subsequent to a release from the unit.
(b) The compliance period begins anew each time the discharger initiates an evaluation monitoring program meeting the requirements of section 2550.9 of this article.
(c) If the discharger is engaged in a corrective action program at the scheduled end of the compliance period specified under subsection (a) of this section, the compliance period shall be extended until the discharger can demonstrate that the waste management unit has been in continuous compliance with its water quality protection standard of section 2550.2 of this article for a period of three consecutive years.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
s 2550.7. General Water Quality Monitoring and System Requirements.
(a) The discharger shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 2550.8, 2550.9, or 2550.10 of this article.
(b) Ground Water Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the discharger shall establish a ground water monitoring system for each waste management unit. This ground water monitoring system shall include:
(A) for all monitoring and response programs, a sufficient number of background monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water that has not been affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the point of compliance and to allow for the detection of a release from the waste management unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield ground water samples from the uppermost aquifer to provide the best assurance of the earliest possible detection of a release from the waste management unit;
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to subsections (b)(1)(B)1. and (b)(1)(B)2. of this section to provide the best assurance of the earliest possible detection of a release from the waste management unit;
4. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the best assurance of the earliest possible detection of a release from the waste management unit; and
5. monitoring point locations and depths that include the zone(s) of highest hydraulic conductivity in each ground water body monitored pursuant to this subsection.
(C) for an evaluation monitoring program under section 2550.9 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the point of compliance and at other locations in the uppermost aquifer to provide the data needed to evaluate changes in water quality due to the release from the waste management unit;
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to subsection (b)(1)(C)1. of this section to provide the data needed to evaluate changes in water quality due to the release from the waste management unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the data needed to evaluate changes in water quality due to the release from the waste management unit; and
(D) for a corrective action program under section 2550.10 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the point of compliance and at other locations in the uppermost aquifer to provide the data needed to evaluate the effectiveness of the corrective action program;
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to subsection(b)(1)(D)1. of this section to provide the data needed to evaluate the effectiveness of the corrective action program; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the data needed to evaluate the effectiveness of the corrective action program.
(2) The ground water monitoring system may include background monitoring points that are not hydraulically upgradient of the waste management unit if the discharger demonstrates to the satisfaction of the regional board that sampling at other monitoring points will provide samples that are representative of the background quality of ground water or are more representative than those provided by the upgradient monitoring points.
(3) Copies of drillers' logs which the Department of Water Resources requires to be submitted pursuant to section 13751 of the California Water Code shall be submitted to the regional board.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative ground water samples.
(6) For each monitoring well, the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the ground surface, entry of contaminants from the unsaturated zone, cross contamination between portions of the zone of saturation, and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative ground water samples.
(c) Surface Water Monitoring Systems.
(1) The discharger shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the waste management unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body that represent the quality of surface water that has not been affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the best assurance of the earliest possible detection of a release from the waste management unit;
(C) for an evaluation monitoring program under section 2550.9 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data to evaluate changes in water quality due to the release from the waste management unit; and
(D) for a corrective action program under section 2550.10 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the discharger shall establish an unsaturated zone monitoring system for each waste management unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the waste management unit; (continued)