Section 25208.15 Of Article 9.5. Surface Impoundments From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.5.
25208.15
. (a) Notwithstanding any other provision of this article,
an in-ground sump, used by a pest control operator licensed under
Section 11705 of the Food and Agricultural Code, or used by a local
or state agency, which meets all of the specifications listed in
subdivision (b) and complies with subdivision (c), is exempt from the
requirements of subdivision (a) of Section 25208.4, Section 25208.5,
and Section 25208.8 if, prior to installation, the plan for the
in-ground system is submitted to the regional board and the regional
board determines that the system complies with this section.
(b) For purposes of this article, an "in-ground sump" shall have
the following specifications:
(1) It consists of two containment units. The primary container is
constructed primarily of nonearthen materials, including, but not
limited to, stainless steel or plastic, and is designed to prevent
the migration of any constituents into the secondary container. The
secondary container is constructed of impermeable materials and is
designed to prevent the migration of any hazardous waste constituents
into the ground surrounding the secondary container. The secondary
container shall also be designed to prevent the intrusion of
groundwater, rainwater, or any other surface runoff into the space
beneath the primary container.
(2) It is designed to allow visual inspection of the space
underlying the primary container each operating day.
(3) The dimensions of the in-ground sump do not exceed six feet in
depth, nor 75 square feet of surface area for each hazardous waste
containment system.
(4) The in-ground sump is used for pest control operations.
(c) In order to qualify for the exemption, an in-ground sump shall
be pumped empty of free liquid at least twice each operating day and
these free liquids shall not be returned to the sump. The sump shall
be visually inspected at least once each operating day. A record of
all visual inspections shall be maintained by the pest control
operator or local or state agency and shall be audited by the
regional board at least annually.
(d) If at any time the regional board determines that the primary
container of an in-ground sump is leaking, the regional board shall
immediately order the discharge to cease and shall either order
installation of a new primary container as provided in paragraph (1)
of subdivision (b) or revoke the exemption authorized by this
section. Nothing in this section shall be construed to limit the
regional board's authority to take any action necessary to determine
whether an in-ground sump poses any threat to the waters of the
state.