Loading (50 kb)...'
(continued)
(h) If the discharger determines that the evaluation monitoring program does not satisfy the requirements of this section, the discharger shall, within 90 days, submit an amended report of waste discharge to make any appropriate changes to the program.
(i) Any time the regional board determines that the evaluation monitoring program does not satisfy the requirements of this section, the regional board shall send written notification of such determination to the discharger by certified mail, return receipt requested. The discharger shall, within 90 days of such notification by the regional board, submit an amended report of waste discharge to make appropriate changes to the program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
s 2550.10. Corrective Action Program.
(a) A discharger required pursuant to section 2550.1 of this article to establish a corrective action program for a waste management unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The discharger shall take corrective action to remediate releases from the waste management unit and to ensure that the waste management unit achieves compliance with the water quality protection standard under section 2550.2 of this article. The regional board shall specify the water quality protection standard for corrective action in the waste discharge requirements.
(c) The discharger shall implement corrective action measures that ensure that constituents of concern achieve their respective concentration limits at all monitoring points and throughout the zone affected by the release, including any portions thereof that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The discharger shall take other action approved by the regional board to prevent noncompliance with those limits due to a continued or subsequent release from the waste management unit, including but not limited to, source control. The waste discharge requirements shall specify the specific measures that will be taken.
(d) In conjunction with the corrective action measures, the discharger shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for an evaluation monitoring program under section 2550.9 of this article, and shall be effective in determining compliance with the water quality protection standard under section 2550.2 of this article and in determining the success of the corrective action measures pursuant to subsection (c) of this section.
(e) Corrective action measures taken pursuant to this section shall be initiated and completed by the discharger within a period of time specified by the regional board in the waste discharge requirements.
(f) Corrective action measures taken pursuant to subsection (c) of this section may be terminated when the discharger demonstrates to the satisfaction of the regional board that the concentrations of all constituents of concern are reduced to levels below their respective concentration limits.
(g) After suspending the corrective action measures, pursuant to subsection (f) of this section, the waste management unit shall remain in the Corrective Action Program until an approved Detection Monitoring Program meeting the requirements of section 2550.8 of this article has been incorporated into waste discharge requirements and until the discharger demonstrates to the satisfaction of the regional board that the waste management unit is in compliance with the water quality protection standard. This demonstration shall be based on the following criteria and requirements:
(1) The concentration of each constituent of concern in each sample from each monitoring point in the Corrective Action Program for the waste management unit must have remained at or below its respective concentration limit during a proof period of at least one year, beginning immediately after the suspension of corrective action measures; and
(2) The individual sampling events for each monitoring point must have been evenly distributed throughout the proof period and have consisted of no less than eight sampling events per year per monitoring point.
(h) The discharger shall report, in writing, to the regional board on the effectiveness of the corrective action program. The discharger shall submit these reports at least semi-annually. More frequent reporting shall be required by the regional board as necessary to ensure the protection of human health or the environment.
(i) If the discharger determines that the corrective action program does not satisfy the provisions of this section, the discharger shall, within 90 days of making the determination, submit an amended report of waste discharge to make appropriate changes to the program.
(j) Any time the regional board determines that the corrective action program does not satisfy the requirements of this section, the discharger shall, within 90 days of receiving written notification of such determination by the regional board, submit an amended report of waste discharge to make appropriate changes to the program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
s 2550.11. Unsaturated Zone Monitoring and Response Provisions for Class I Land Treatment Units.
(a) A discharger required pursuant to the provisions of this article to conduct unsaturated zone monitoring at a land treatment unit shall comply with the unsaturated zone monitoring and response provisions of this section in conjunction with all other unsaturated zone monitoring and response provisions of this article.
(b) The discharger shall monitor the soil and soil-pore liquid to determine whether constituents of concern migrate out of the treatment zone.
(c) The regional board shall specify the monitoring parameters and constituents of concern to be monitored in the waste discharge requirements. The monitoring parameters to be monitored are those specified pursuant to subsection 2550.8(e) of this article for detection monitoring and subsection 2550.9(e)(2) of this article for evaluation monitoring. The constituents of concern to be monitored are those specified in the water quality protection standard specified for each monitoring and response program. The constituents of concern to be monitored shall include the constituents, including hazardous constituents, that must be degraded, transformed, or immobilized in the treatment zone of the land treatment unit.
(d) The regional board may require monitoring for principal hazardous constituents (PHCs) in lieu of the constituents specified under subsection (c) of this section. PHCs are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat considering the combined effects of degradation, transformation, and immobilization. The regional board may establish PHCs if the regional board finds based on waste analyses, treatment demonstrations, or other data that effective degradation, transformation, or immobilization of the PHCs will assure treatment at at least equivalent levels for the other hazardous constituents in the wastes.
(e) The discharger shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using appropriate devices such as lysimeters capable of acquiring soil-pore liquid samples. The unsaturated zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) represent the quality of background soil-pore liquid quality and the chemical makeup of soil that has not been affected by a release from the treatment zone; and
(2) indicate the quality of soil-pore liquid and the chemical makeup of the soil below the treatment zone.
(f) The discharger shall establish a background value for each monitoring parameter and each constituent of concern to be monitored under subsection (c) of this section. The discharger shall propose, for approval by the regional board, the background values for each monitoring parameter and each constituent of concern or the procedures to be used to calculate the background values according to the provisions of subsection 2550.7(e)(10) of this article. The regional board shall specify the background values or procedures in waste discharge requirements according to subsection 2550.7(e)(11) of this article.
(g) Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil values shall include data from sampling at the proposed plot for the unit.
(h) Background soil-pore liquid values shall be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil-pore liquid values shall include data from sampling at the proposed plot for the unit.
(i) The discharger shall express all background values in a form necessary for the determination of statistically significant increases pursuant to subsection (n) of this section.
(j) In taking samples used in the determination of all background values, the discharger shall use an unsaturated zone monitoring system that complies with subsection (e)(1) of this section.
(k) The discharger shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The regional board shall specify the frequency and timing of soil and soil-pore liquid monitoring in the waste discharge requirements after considering all other monitoring provisions of this article, the frequency, timing, and rate of waste application, the soil permeability, and the maximum anticipated rate of migration. The discharger shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases pursuant to subsection (n) of this section.
(l) The discharger shall propose, for approval by the regional board, consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical makeup of the soil below the treatment zone. At a minimum, the discharger shall implement the approved procedures and techniques for:
(1) sample collection;
(2) sample preservation and shipment;
(3) analytical procedures; and
(4) chain of custody control.
(m) The discharger shall determine whether there is a statistically significant increase below the treatment zone using a statistical method that provides reasonable confidence that migration from the treatment zone will be identified. The discharger shall propose each statistical method in accordance with the provisions of this subsection and pursuant to the provisions of subsection 2550.7(e)(7) of this article. The regional board shall specify each statistical method pursuant to subsection 2550.7(e)(7) of this article that the regional board finds:
(1) is appropriate for the distribution of the data used to establish background values; and
(2) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.
(n) The discharger shall determine whether there is a statistically significant change over background values for each monitoring parameter and each constituent of concern to be monitored below the treatment zone each time the discharger conducts soil monitoring and soil-pore liquid monitoring under subsection (k) of this section.
(o) In determining whether a statistically significant increase has occurred, the discharger shall compare the value of each parameter or constituent, as determined pursuant to subsection (n) of this section, to the background value for that parameter or constituent according to the statistical procedure specified in the waste discharge requirements pursuant to this section.
(p) The discharger shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The regional board shall specify this time period in the waste discharge requirements after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
(q) If the discharger determines pursuant to subsection (n) of this section, that there has been a statistically significant increase in the value of a hazardous constituent below the treatment zone the discharger shall:
(1) report to the regional board describing the full extent of the dischargers findings, including the identification of all constituents that have shown a statistically significant increase, within 72 hours of making such a determination; and
(2) submit written notification of this finding to the regional board within seven days of making such a determination.
(r) Upon receiving notice pursuant to subsection (q) of this section or upon the independent confirmation by the regional board, the regional board shall order the discharger to cease operating the land treatment unit. The discharger shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken:
(1) the discharger completes appropriate removal or remedial actions to the satisfaction of the regional board and the discharger submits to the regional board and the board approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or
(2) the discharger completes appropriate removal or remedial actions, submits to the regional board and the board approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the provisions of sections 2542 and 2543 of Article 4 of this chapter.
(s) All actions taken by a discharger pursuant to subsections (r)(1) or (r)(2) of this section shall be completed within a time period specified by the regional board, which shall not exceed 18 months after the regional board receives notice pursuant to subsection (q)(1) of this section. If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the regional board due to exceptional circumstances beyond the control of the discharger.
(t) If the discharger determines pursuant to subsection (n) of this section that there is a statistically significant increase of hazardous constituents below the treatment zone, the discharger may demonstrate that the increase resulted from an error in sampling, analysis, or evaluation. While the discharger may make a demonstration pursuant to this subsection in addition to or in lieu of the requirements of subsection (r)(1) or (r)(2) of this section, the discharger is not relieved of the requirements of subsections (r) and (s) of this section unless the demonstration made pursuant to this subsection successfully shows that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration pursuant to this subsection, the discharger shall:
(1) notify the regional board of this finding in writing within seven days of determining a statistically significant increase beneath the treatment zone that the discharger intends to make a demonstration pursuant to this subsection;
(2) within 90 days of such determination, submit a report to the regional board demonstrating that the increase resulted from error in sampling, analysis, or evaluation;
(3) within 90 days of such determination, submit to the regional board an amended report of waste discharge to make any appropriate changes to the unsaturated zone monitoring program for the land treatment unit; and
(4) continue to monitor in accordance with the unsaturated zone monitoring program established pursuant to this section.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
s 2550.12. Corrective Action Where Hazardous Waste Has Been Discharged at Areas Other Than Waste Management Units.
(a) A discharger seeking waste discharge requirements for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or hazardous constituents from any area at the facility other than a waste management unit regardless of the time waste was discharged at such an area.
(b) A program of corrective action required under subsection (a) of this section shall be incorporated into an enforcement order under Chapter 5, commencing with section 13300, of Division 7 of the Water Code, or into the waste discharge requirements and the program shall contain time schedules for implementation and completion of such corrective action. A discharger required to undertake corrective action under this section shall provide assurances of financial responsibility for completing such corrective action.
(c) The discharger shall implement corrective actions beyond the facility property boundary where necessary to protect human health or the environment.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
s 2551. Required Programs.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2552. Water Quality Protection Standards.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2553. Points of Compliance.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2554. Compliance Period.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2555. General Ground Water Monitoring Requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2556. Detection Monitoring Program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2557. Verification Monitoring Program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2558. Corrective Action Program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2559. Unsaturated Zone Monitoring Program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2560. Applicability.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13140-13147, 13260 and 13263, Water Code.
s 2561. General Standards.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13140-13174, 13172, 13243 and 13263, Water Code.
s 2562. Wastewater Management.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2563. Use or Disposal Field Management.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2564. Management of Manured Areas.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2565. Monitoring.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
s 2570. Applicability.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13260 and 13263, Water Code.
s 2571. Groups of Mining Waste.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2572. Mining Waste Management Unit Siting and Construction Standards.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226 and 13263, Water Code.
s 2573. Water Quality Monitoring for Mining Waste Management Units.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13263 and 13267, Water Code.
s 2574. Closure and Post-Closure Maintenance of Mining Waste Management Units.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226 and 13263, Water Code.
s 2580. General Closure Requirements.
(a) Partial or final closure of new and existing classified waste management units shall be in compliance with the provisions of this article. If a unit has been partially closed in accordance with an approved closure plan by the effective date of these regulations, the cover over the closed portion does not need to be modified to conform to these regulations, unless monitoring data indicate impairment of beneficial uses of ground water. Classified waste management units shall be closed according to an approved closure and post-closure maintenance plan which provides for continued compliance with the applicable standards for waste containment and precipitation and drainage controls in Article 4 of this chapter, and the monitoring program requirements in Article 5 of this chapter, throughout the closure and post-closure maintenance period. The post-closure maintenance period shall extend as long as the wastes pose a threat to water quality. For land treatment facilities, the postclosure maintenance period shall extend until treatment is complete.
(b) Closure shall be under the direct supervision of a registered civil engineer or a certified engineering geologist.
(c) [Reserved.]
(d) Closed waste management units shall be provided with at least two permanent monuments installed by a licensed land surveyor or a registered civil engineer, from which the location and elevation of wastes, containment structures, and monitoring facilities can be determined throughout the post-closure maintenance period.
(e) Vegetation for closed waste management units shall be selected to require minimum irrigation and maintenance, and shall not impair the integrity of containment structures including the final cover.
(f) The regional board shall require the discharger to establish an irrevocable closure fund or provide other means to ensure closure and post-closure maintenance of each classified waste management unit in accordance with an approved plan.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2581. Landfill Closure Requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2582. Surface Impoundment Closure Requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13260 and 13263, Water Code.
s 2583. Waste Pile Closure Requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2584. Land Treatment Facility Closure Requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
s 2590. Reporting Requirements for Waste Discharge to Land.
(a) Any person discharging or proposing to discharge waste to land where water quality can be affected shall submit to the regional board a report of waste discharge, unless the report is waived by the regional board. This reporting requirement also applies to expansion of an existing waste management unit or development of new units at an existing site. Dischargers shall submit any applicable information required by this article to the regional board upon request. Dischargers shall be required to provide information on waste characteristics, geologic and climatologic characteristics of the unit and the surrounding region, installed features, operation plans for waste containment, precipitation and drainage controls, and closure and post-closure maintenance plans as set forth in Sections 2594 through 2597 of this article.
(1) The discharger may submit a copy of the application for a hazardous waste facility permit, including the closure and post-closure maintenance plan, under Sections 66264.112 (for fully-permitted Units) or 66265.112 (for interim status Units) of Title 22 of this code as a report of waste discharge, together with the applicable filing fee, provided that such application includes the information required in this article.
(2) [Reserved.]
(3) [Reserved.]
(4) The discharger shall notify the regional board of changes in information submitted under this chapter, including any material change in the types, quantities, or concentrations of wastes discharged; site operations and features; or proposed closure procedures, including changes in cost estimates. The discharger shall notify the regional board a reasonable time before the changes are made or become effective. No changes shall be made without regional board approval following authorization for closure pursuant to the site closure notice required by subsection (c)(5) of this section.
(b) Deadlines for Reporting.
(1) Dischargers who own or operate existing waste management units subject to this chapter for which waste discharge requirements were issued before the effective date of this chapter shall, within six months of the effective date of this section, submit a technical report to the regional board describing the measures necessary to bring their monitoring programs into compliance with Article 5 of this chapter, including a schedule for achieving compliance. The regional board shall modify waste discharge requirements accordingly.
(2) Dischargers who own or operate existing waste management units subject to this chapter for which waste discharge requirements were issued before the effective date of this chapter shall submit a report of waste discharge which complies with subsection (a) of this section to the regional board, together with the appropriate filing fee, on request. Any applicable information required by Sections 2594 through 2597 of this article which has been submitted to the regional board, or another state agency, may be incorporated by reference, provided that the report shall not be considered complete until referenced information is received or obtained by the regional board.
(3) Dischargers who own or operate existing waste management units subject to this chapter which have not been classified under previous regulations and for which the discharger has not submitted a report of waste discharge before the effective date of this chapter, shall submit a report of waste discharge to the appropriate regional board within 60 days of the effective date of this chapter as required by Subsection 2510(d) of this chapter. The report shall be in accordance with subsection (a) of this section.
(c) Notification:
(1) The discharger shall notify the regional board in writing of any proposed change of ownership or responsibility for construction, operation, closure, or post-closure maintenance of a waste management unit subject to this chapter. This notification shall be given prior to the effective date of the change and shall include a statement by the new discharger that construction, operation, closure, and post-closure maintenance will be in compliance with any existing waste discharge requirements and any revisions thereof. The regional board shall amend the existing waste discharge requirements to name the new discharger.
(2) The regional board shall be notified immediately of any slope failure occurring in a waste management unit subject to this chapter. Any failure which threatens the integrity of containment features or the waste management unit(s) subject to this chapter shall be promptly corrected after approval of the method and schedule by the regional board.
(3) The regional board shall be notified within seven days if fluid is detected in a previously dry leachate collection and removal system or unsaturated zone monitoring system, or if a progressive increase is detected in the volume of fluid in a leachate collection and removal system.
(4) The discharger shall comply with the notification requirements in Article 5 of this chapter.
(5) The owner or operator of a waste management unit shall notify the regional board of units to be closed at least 180 days prior to beginning any partial or final closure activities, provided that the regional board may specify a shorter interval for particular units in the waste discharge requirements for such units. The notice shall include a statement that all closure activities will conform to the most recently approved closure plan and that the plan provides for site closure in compliance with all applicable federal and state regulations.
(6) The owner or operator of a waste management unit shall notify the regional board within 30 days after the completion of any partial or final closure activities. The discharger shall certify under penalty of perjury that all closure activities were performed in accordance with the most recently approved closure plan and in accordance with all applicable regulations. The discharger shall certify that closed waste management units shall be maintained in accordance with an approved post-closure maintenance plan unless post-closure maintenance has been waived pursuant to subsection (a)(3) of this section.
(d) Any report submitted under this section or any amendment or revision thereto which might affect containment features or monitoring systems shall be approved by a registered civil engineer or a certified engineering geologist.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13267, Water Code.
s 2591. Waste Discharge Requirements.
(a) The regional board shall adopt waste discharge requirements that implement the applicable provisions of this chapter.
(b) The regional board shall revise waste discharge requirements as necessary to implement the provisions of this chapter.
(c) For waste management units subject to this chapter, classifications and waste discharge requirements for existing units shall be fully reviewed in accordance with schedules established by regional boards. In no instance shall such review be beyond five years of the effective date of this section. The waste discharge requirements shall be revised to incorporate reclassification and retrofitting requirements as provided in Subsections 2510(e) and 2540(b) of this chapter, as well as the revised monitoring program developed under Subsection 2590(b)(1) of this article. The regional board shall specify in waste discharge requirements the schedule for retrofitting of existing facilities. All retrofitting shall be complete within five years from the issuance of the revised waste discharge requirements.
(d) Waste discharge requirements for new waste management units or for expansion of existing units shall not be effective until the regional board is notified that all local agencies with jurisdiction to regulate land use, solid waste disposal, air pollution, and to protect public health have approved use of the site for discharges of waste to land.
(e) Appropriate classifications and waste discharge requirements for all waste management units in a single facility may be included in a single set of waste discharge requirements applicable to the facility as a whole and to each within the facility. Requirements relating to precipitation and drainage control systems for two or more adjacent waste management units may be consolidated provided that consolidated requirements reflect standards for the highest level of containment applicable to any waste management unit involved.
(f) The discharger shall be required to maintain legible records of the volume and type of each waste discharged at each waste management unit and the manner and location of discharge. Such records shall be on forms approved by the State Board and shall be maintained at the waste management facility until the beginning of the post-closure maintenance period. These records shall be available for review by representatives of the State Board and regional boards at any time during normal business hours. At the beginning of the post-closure maintenance period, copies of these records shall be sent to the regional board.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13263, Water Code.
s 2592. Public Participation.
(a) To ensure adequate public participation in regional board proceedings relating to land disposal of wastes, the following persons and entities shall receive individual notice of any public hearing or board meeting involving classification of waste management units or the issuance of waste discharge requirements for classified units:
(1) the discharger and responsible public agencies;
(2) news media serving the county as well as communities within five miles of the waste management unit;
(3) citizens groups representing local residents;
(4) environmental organizations in affected counties; and
(5) interested industrial organizations.
(b) Notice of hearings or meetings related to Class I waste management units or discharges of hazardous waste shall be given not less than 45 days before the meeting at which such actions will be taken, and copies of the agenda package shall be available not less than 30 days before the meeting, provided that enforcement actions involving releases of hazardous wastes may be taken at meetings which comply with the 10-day notice requirements of the California State Body Open Meetings Act and that emergency actions (as described in Subsection 647.2(d) of this Chapter) shall be exempt from public participation and notice requirements.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13302, Water Code.
s 2593. Mandatory Closure (Cease and Desist Orders).
(a) If the regional board finds that early closure of a waste management unit is necessary to prevent violation of waste discharge requirements, it shall adopt a Cease and Desist Order pursuant to Section 13302 of the Water Code which requires closure according to an approved closure and post-closure maintenance plan.
(b) The discharger shall submit to the regional board a report including the closure and post-closure maintenance plan described in Section 2597 of this article, if such a plan was not submitted with the report of waste discharge; and a revised schedule for immediate termination of operations and closure.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13301 and 13304, Water Code.
s 2594. Waste Characteristics.
(a) Dischargers shall provide the following information in the report of waste discharge about the characteristics of wastes to be discharged at the waste management units subject to this chapter.
(1) A list of the types, quantities, and concentrations of wastes proposed to be discharged at each unit. Wastes and known waste constituents shall be specifically identified according to the most descriptive nomenclature. A listing for hazardous waste constituents shall include reference numbers for listings established by DHS or USEPA (e.g., Appendix IX to s66264 of Title 22 of this code).
(2) A description of proposed treatment, storage, and disposal methods.
(3) An analysis of projected waste decomposition processes for each waste management unit indicating intermediate and final decomposition products and the period during which decomposition will continue following discharge.
Note: Authority cited: Section 1058. Reference: Sections 13172, 13260 and 13267, Water Code.
s 2595. Waste Management Unit Characteristics.
(a) Dischargers shall provide in the report of waste discharge an analysis describing how the ground and surface water may affect the waste management unit and how the unit may affect ground and surface water. This information is used to determine the suitability of the unit with respect to ground water protection and avoidance of geologic hazards. It will also be used to demonstrate that the unit meets the classification criteria set forth in Article 3 of this chapter.
(b) Dischargers shall provide the following data on the physical characteristics of the waste management unit and the surrounding region in order to demonstrate suitability for the Class I classification. Information shall be presented in understandable written, tabular, and graphic format as appropriate, and shall be at a level of detail appropriate for the Class I Unit classification. Plans, diagrams, and other graphics shall be prepared to appropriate scale and each shall include a legend identifying the information presented. All sources of data shall be identified.
(c) If a report submitted by a discharger refers to another source, the relevant information from that source shall be restated in the report. If the source is not generally available, the relevant portion(s) of the source shall be included verbatim in the report as an appendix.
(d) Topography
(1) A map of the waste management unit and its surrounding region within one mile of the unit, showing elevation contours, natural ground slopes, drainage patterns, and other topographic features.
(2) Identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Emergency Management Administration (FEMA) flood map, if used, or the calculations and maps used where an FEMA map is not available. Information shall also be provided identifying the 100-year flood plain and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood. Owners and operators of facilities located in the 100-year floodplain shall provide the following information:
(A) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.
(B) Structural or other engineering studies showing the design of waste management units and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.
(e) Climatology -Dischargers shall calculate required climatologic values for Class I waste management units from measurements made at a nearby climatologically similar station. In addition to the required calculations for each unit, dischargers shall provide the source data from which such values were calculated, together with the name, location, and period of record of the measuring station.
(1) A map showing isohyetal contours for the proposed waste management unit and its surrounding region within ten miles, based on data provided by the National Weather Service or other recognized federal, state, local, or private agencies.
(2) Estimated maximum and minimum annual precipitation at the proposed waste management unit.
(3) Maximum expected 24-hour precipitation for storm conditions specified as design criteria for Class I waste management units, as prescribed in Table 4.1 of Article 4 of this chapter.
(4) Estimated mean, minimum, and maximum evaporation, with the months of occurrence of maximum and minimum evaporation, for the proposed waste management unit.
(5) Projected volume and pattern of runoff for the proposed waste management unit including peak stream discharges associated with the storm conditions specified as design criteria for a Class I Unit, as prescribed in Table 4.1 of Article 4 of this chapter.
(6) An estimated wind rose for the proposed waste management unit showing wind direction, velocity, and percentage of time for the indicated direction.
(f) Geology
(1) A geologic map and geologic cross-sections of the waste management unit showing lithology and structural features. Cross-sections shall be indexed to the geologic map and shall be located to best portray geologic features relevant to discharge operations.
(2) A description of natural geologic materials in the waste management unit and its surroundings, including identification of rock types, nature of alteration depth and nature of weathering, and all other pertinent lithologic data.
(3) A description of the geologic structure of the waste management unit, including the attitude of bedding (if any); thickness of beds (if any); the location, attitude, and condition (tight, open, clay- or gypsum-filled, etc.) of any fractures; the nature, type (anticlinal, synclinal, etc.), and orientation of any folds; the location, attitude, and nature (tight, gouge-filled, etc.) of any faults; and all other pertinent structural data.
(4) The results of a testing program for determination of physical and chemical properties of soils needed to formulate detailed site design criteria.
(5) A determination of the expected peak ground acceleration at the waste management unit associated with the maximum credible earthquake. The methodology used shall consider regional and local seismic conditions and faulting. Data and procedures shall be consistent with current practice and shall be based on an identified procedure or publication. The analyses shall include modifications to allow for site-specific surface and subsurface conditions. The peak ground acceleration so determined shall be the stability and factors of safety for all embankments, cut slopes, and associated landfills during the design life of the unit. The analysis shall include:
(A) the method use to calculate the factors of safety (e.g., Bishop's modified method of slices, Fellinius circle method, etc.);
(B) the name of any computer program used to determine the factors of safety; and
(C) a description of the various assumptions used in the stability analyses (height of fill, slope-and-bench configuration, etc.).
(6) Dischargers who own or operate new Class I waste management units and expansions of existing units shall demonstrate that no faults which have had displacement in Holocene time pass within 200 feet of units. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided shall be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted shall show that either:
(A) no faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:
1. published geologic studies,
2. aerial reconnaissance of the area within a 5-mile radius from the facility,
3. an analysis of aerial photographs covering a 3,000-foot radius of the facility, and
4. if needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or
(B) if faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found.
(g) Hydrology
(1) An evaluation of the water-bearing characteristics of the natural geologic materials identified under subsection (f)(2) of this section including determination of permeability, delineation of all ground water zones and basic data used to determine the above.
(2) An evaluation of the in place permeability of soils immediately underlying waste management unit. This evaluation shall include:
(A) permeability data, in tabular form, for selected locations within the unit;
(B) a map of the unit showing test locations where these permeability data were obtained; and
(C) an evaluation of the test procedures and rationale used to obtain these permeability data.
(3) An evaluation of the perennial direction(s) of ground water movement within the uppermost ground water zone(s) within one mile of the waste management facility perimeter.
(4) Estimates of the height to which water rises due to capillary forces above the uppermost ground water zone(s) beneath and within one mile of the waste management facility perimeter. These estimates shall include an evaluation of the methods and rationale used in their development.
(5) A map showing the location of all springs in the waste management facility and within one mile of its perimeter. The map shall be accompanied by tabular data indicating the flow and the mineral quality of the water from each spring.
(6) An evaluation, supported by water quality analyses, of the quality of water known to exist under or within one mile of the waste management facility perimeter including all data necessary to establish water quality protection standards.
(7) A tabulation of background water quality for all applicable indicator parameters and waste constituents.
(A) Background water quality for an indicator parameter or a waste constituent in ground water shall be based on data from quarterly sampling of wells upgradient from the waste management unit for one year. These analyses shall:
1. account for measurement errors in sampling and analysis; and
2. account for seasonal fluctuations in background water quality, if such fluctuations are expected to affect the concentration of the hazardous constituent.
(B) In an evaluation monitoring program, background water quality may be based on appropriate water quality data that are available before waste discharge requirements are issued in lieu of a one-year monitoring program.
(C) Background water quality of ground water may be based on sampling of wells that are not upgradient from the waste management unit where:
1. hydrogeologic conditions do not allow the determination of the upgradient direction; or
2. sampling at other wells will provide a representative indication of background water quality.
(D) In developing the data base used to determine a background value for each indicator parameter or waste constituent in ground water, the discharger shall take a minimum of one sample from each well used to determine background. A minimum of four samples shall be taken from the entire system used to determine background water quality, each time the system is sampled. Should there be only one background well, the four measurements per quarter shall be obtained by splitting the sample from the one well into four aliquots and conducting separate analyses for each aliquot.
(h) Land and water use
(1) A map showing the locations of all water wells, oil wells, and geothermal wells in the waste management unit or within one mile of its perimeter.
(2) Name and address of the owner of each well indicated in subsection (h) of this section.
(3) Well information, where available, for each water well indicated in subsection (h)(1) of this section including, but not limited to:
(A) total depth of well;
(B) diameter of casing at ground surface and at total depth;
(C) type of well construction (cable-tool, rotary, etc.);
(D) depth and type of perforations;
(E) name and address of well driller;
(F) year of well construction;
(G) use of well (agricultural, domestic, stock watering, etc.);
(H) depth and type of seals;
(I) lithologic, geophysical, and other types of well logs, if available; and
(J) water levels, pump tests, water quality, and other well data, if available.
(4) Current land use within one mile of the perimeter of the waste management unit, including:
(A) types of land use (e.g., residential, commercial, industrial, agricultural, recreational, etc.);
(B) types of crops;
(C) types of livestock; and
(D) number and location of dwelling units.
(5) Current and estimated future use of ground water within one mile of the perimeter of the waste management unit.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13267, Water Code.
s 2596. Design Report and Operations Plan.
(a) Design Report
(1) Dischargers who own or operate classified waste management units shall submit detailed preliminary and as-built plans, specifications, and descriptions for all liners, containment structures, leachate collection and removal system components, leak detection system components, precipitation and drainage control facilities, and interim covers which will be installed or used at each unit. Dischargers shall submit a description of and location data for ancillary facilities including roads, waste handling areas, buildings, and equipment cleaning facilities. (continued)