Section 25179.11 Of Article 7.7. Hazardous Waste Treatment Reform Act Of 1995 From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 7.7.
25179.11
. (a) A person discharging a hazardous waste into a surface
impoundment that was constructed before July 1, 1986, and for which
an application for waste discharge requirements was submitted on or
before September 1, 1986, is exempt from the requirements of Sections
25179.5 and 25179.6 if all of the following conditions apply to the
surface impoundment:
(1) The surface impoundment, the management of the hazardous waste
discharged into the surface impoundment, and any residue resulting
from the treatment of the hazardous waste meet the requirements of
Section 3005(j) of the federal act and Section 268.4 of Title 40 of
the Code of Federal Regulations, if applicable.
(2) The surface impoundment is in compliance with Article 9.5
(commencing with Section 25208).
(3) Hazardous waste is discharged into the surface impoundment for
purposes of treating the hazardous waste to comply with any
treatment standard in effect pursuant to Section 25179 or adopted by
the department pursuant to Section 25179.6 for that hazardous waste,
and the residues that result from the treatment of the hazardous
waste which do not meet that treatment standard are removed for
subsequent management within one year from the date of placement of
the hazardous waste into the surface impoundment.
(b) A person discharging a hazardous waste into a surface
impoundment that was constructed after July 1, 1986, and for which an
application for waste discharge requirements was submitted after
September 1, 1986, is exempt from the requirements of Sections
25179.5 and 25179.6 if all of the following conditions apply to the
surface impoundment:
(1) The surface impoundment, the management of the hazardous waste
discharged into the surface impoundment, and any residue resulting
from the treatment of the hazardous waste meet the requirements of
Section 3005(j) of the federal act and Section 268.4 of Title 40 of
the Code of Federal Regulations, if applicable.
(2) The surface impoundment is in compliance with Article 9.5
(commencing with Section 25208).
(3) Hazardous waste is discharged into the surface impoundment for
purposes of treating the hazardous waste to comply with any
treatment standard in effect pursuant to Section 25179.5 or adopted
by the department pursuant to Section 25179.6 for that hazardous
waste, and the residues that result from the treatment of the
hazardous waste which do not meet that treatment standard are removed
for subsequent management within one year from the date of placement
of the hazardous waste into the surface impoundment.
(4) The department determines that the use of the surface
impoundment to treat the hazardous waste is the only means by which
the hazardous waste can be treated using the best demonstrated
available technology.