Section 25208.13 Of Article 9.5. Surface Impoundments From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.5.
25208.13
. (a) If the regional board determines that certain mining
wastes have properties so that the wastes do not pollute or threaten
to pollute the waters of the state when discharged into a surface
impoundment which is in compliance with all applicable regulations
adopted by the state board pursuant to Division 7 (commencing with
Section 13000) of the Water Code, the regional board may exempt a
surface impoundment into which these mining wastes are discharged
from Sections 25208.4 and 25208.5, pursuant to subdivision (b).
(b) A person may apply to a regional board authorized pursuant to
subdivision (a) for an exemption from Section 25208.4 or 25208.5, or
from both sections, for a surface impoundment, into which mining
wastes are discharged by filing an application with the regional
board. If the surface impoundment was constructed before January 1,
1984, the person shall file the application with a regional board by
January 1, 1986. Except as provided in subdivision (c), the initial
application for exemption shall include a completed hydrogeological
assessment report which contains the accurate data and documentation
specified in Section 25208.8. A regional board may grant the
applicant an exemption from Section 25208.4 or 25208.5, or both, if
the regional board makes both of the following findings:
(1) The applicant for the exemption has fully complied with all
the applicable regulations adopted by the state board for mining
waste.
(2) The surface impoundment does not pollute or threaten to
pollute the waters of the state.
(c) If the regional board grants an exemption pursuant to
subdivision (b), the regional board shall revise the waste discharge
requirements prescribed pursuant to Section 13263 of the Water Code
for that surface impoundment based upon a review of the report and
shall include conditions in the waste discharge requirement to ensure
that the waters of the state will not be polluted or threatened with
pollution. Except as hereafter provided, if the regional board does
not grant the exemption within two years of the date of application,
the applicant shall comply with the requirements specified in either
Section 25208.4 or 25208.5, or with both sections, whichever is
applicable, within three years from the initial date of application.
If the applicant submitted the hydrogeologic assessment report on or
before January 1, 1986, and the regional board determines that the
report submitted contains insufficient information to allow the
regional board to complete a reasoned evaluation and the applicant
did not receive notice in writing of the deficiencies on or before
January 1, 1988, the applicant may be granted up to a maximum of one
year from the date of written notification of the deficiencies for
the sole purpose of providing the information necessary to correct
the deficiencies. Upon receipt of the additional information, the
regional board shall complete the evaluation and may grant an
exemption in accordance with this section within 60 days. If the
regional board denies the exemption, the applicant shall comply with
the requirements specified in either Section 25208.4 or 25208.5, or
with both sections, whichever is applicable, within one year of the
date of denial.
(d) An exemption granted pursuant to subdivision (b) shall not be
effective for more than five years. A regional board shall not renew
the exemption unless the regional board makes the findings specified
in subdivision (b).
(e) Applications for an exemption or renewal of an exemption shall
be accompanied by the fee specified in the fee schedule adopted by
the state board pursuant to Section 25208.3.
(f) If a regional board determines that a surface impoundment
granted an exemption pursuant to subdivision (b) is polluting the
waters of the state, the regional board shall take all of the actions
specified in Section 25208.6.