Section 25179.8 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.
25179.8
. (a) Except as provided in subdivision (d), the department
may grant a variance from the requirements of Sections 25179.5 and
25179.6 for a hazardous waste, consistent with Section 25143.
(b) The department may grant a variance from the requirements of
Section 25179.6 for agricultural drainage waters that meet the
criteria established by the department pursuant to Section 25141 if a
person demonstrates, to the satisfaction of the department, that all
of the following conditions apply to the waste:
(1) There are no technically and economically feasible treatment,
reuse, or recycling alternatives available to render the agricultural
drainage water nonhazardous.
(2) The applicant can demonstrate that the continued disposal of
agricultural drainage waters does not pose an immediate or
significant long-term risk to public health or the environment.
(3) The disposal of the agricultural drainage waters is in
compliance with the requirements of Section 25179.3.
(c) A variance granted by the department pursuant to subdivision
(b) shall remain in effect for a period not longer than three years
and may be renewed for additional three-year periods.
(d) When granting a variance pursuant to this section, the
department may specify, where appropriate, any treatment that shall
be required prior to land disposal of the waste, and may impose
requirements that may be necessary to protect the public health and
the environment.
(e) The department shall not grant a variance pursuant to
subdivision (a) for hazardous waste that is restricted or prohibited
by the Environmental Protection Agency pursuant to the federal act,
unless either of the following applies:
(1) The waste has been granted a variance by the Administrator of
the Environmental Protection Agency and the variance granted by the
department does not permit less stringent management than that
required pursuant to the federal variance.
(2) The Environmental Protection Agency has delegated the
authority to grant variances to the department pursuant to the
federal act.