Section 25159.15 Of Article 5.6. The Toxic Injection Well Control Act Of 1985 From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 5.6.
25159.15
. (a) Notwithstanding any other provision of law, on or
after January 1, 1986, a person shall not discharge hazardous waste
into an injection well which commences operation on or after January
1, 1986, and after January 1, 1988, a person shall not discharge
hazardous waste into an injection well which commenced operation
before January 1, 1986, unless all of the following conditions are
met:
(1) Unless granted an exemption pursuant to subdivision (b), no
point along the length of the injection well, as measured either
horizontally or vertically, is located within one-half mile of
drinking water.
(2) The person has received a hazardous waste facilities permit
for the well issued pursuant to Section 25200.6.
(3) The injection well does not discharge hazardous waste into or
above a formation which contains a source of drinking water within
one-half mile of the well.
(b) A person may apply to the department to exempt an injection
well from paragraph (1) of subdivision (a) if the person has received
a hazardous waste facilities permit and the person has filed a
report pursuant to Section 25159.18 with the department on or before
January 1, 1987, which has been approved by the department, pursuant
to Section 25159.18. If the person proposes to commence operation of
an injection well on or after January 1, 1986, the person shall file
the request for an exemption and the report at least one year before
any proposed discharge or injection.
(c) The department shall either grant or deny an exemption from
paragraph (1) of subdivision (a) on or before December 31, 1987, or
within one year after receipt of the application for a proposed
injection well. The department may grant an exemption from paragraph
(1) of subdivision (a) only if the department makes all of the
following written findings, and supports these findings by citing
specific evidence presented in the report or provided to the
department:
(1) The hydrogeology report prepared pursuant to Section 25159.18
is current, accurate, and complete.
(2) No hazardous waste constituents have migrated from that
portion of the injection well located above the injection zone or
have migrated from the injection zone.
(3) Practical alternative technologies, other than well injection,
do not exist to reduce, treat, or dispose of the hazardous wastes
which are to be discharged.
(4) Continuing or commencing the operation of the injection well
does not pose a potential of hazardous waste constituents migrating
from that portion of the injection well located above the injection
zone or migrating from the injection zone and a monitoring program
pursuant to subdivision (c) of Section 25159.17 has been installed,
or for a proposed injection well, the monitoring program has been
designed and will be installed before any discharge or injections
into the well.
(d) An exemption granted pursuant to subdivision (c) shall not be
effective for more than five years. Applications for an exemption, or
a renewal of an exemption, shall be accompanied by the fee specified
in the fee schedules adopted by the department pursuant to Section
25159.19. The department shall not renew the exemption unless it
makes all of the findings in subdivision (c).
(e) The department shall revoke an exemption granted pursuant to
subdivision (c) if the department determines that there is migration
of hazardous wastes, or a threat of migration of hazardous wastes,
from the well into any strata or the waters of the state outside the
injection zone. The department shall then prohibit the discharge of
any hazardous waste into the injection well, require appropriate
removal and remedial actions by the person granted the exemption, and
require the responsible parties to take appropriate removal and
remedial actions.
(f) The state board, the regional boards, and the department shall
establish procedures providing for the interagency transfer and
review of applications for exemption received pursuant to subdivision
(b).
(g) This section applies only to injection wells into which
hazardous waste is discharged.