Section 25208.16 Of Article 9.5. Surface Impoundments From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.5.
25208.16
. (a) A person may apply to the regional board for an
exemption from subdivision (c) of Section 25208.4 for a surface
impoundment into which restricted hazardous wastes that do not
contain cyanide wastes or polychlorinated biphenyls (PCBs) in
concentrations specified in paragraphs (1) and (4) of subdivision (a)
of Section 25122.7 are discharged for the purpose of onsite
temporary storage and treatment 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 March 1, 1986. The initial application for
exemption shall include a completed hydrogeological assessment report
that contains the accurate data and documentation specified in
Section 25208.8. A regional board may grant the applicant an
exemption from subdivision (c) of Section 25208.4 if the regional
board makes all of the following findings:
(1) No extremely hazardous wastes are currently being discharged
into the surface impoundment, and either one of the following
applies:
(A) The records of the person applying for the exemption indicate
that no extremely hazardous wastes have been discharged into the
surface impoundment.
(B) Extremely hazardous wastes are not present in the surface
impoundment, in the vadose zone, or in the waters of the state.
(2) The surface impoundment is used for the purpose of temporary
storage and noncontinuous batch treatment, all hazardous wastes are
removed after each batch treatment within 30 days from the date of
discharge into the impoundment, and the surface impoundment is
visually inspected prior to each use, tested for integrity at least
annually, and is in compliance with subdivision (a) of Section
25208.7. A report of this test shall be filed with the regional
board.
(3) The surface impoundment is in compliance with Section 25208.5
and a report has been filed pursuant to Section 25208.8.
(b) For purposes of this section, "treatment" means any method of
neutralization and precipitation of metals from an acidic solution
that changes the physical or chemical characteristics of the
restricted hazardous waste so as to render it less harmful to the
quality of the waters of the state, safer to handle, or easier to
contain or manage.
(c) An exemption granted pursuant to subdivision (a) shall be
effective for not more than five years. A regional board shall not
renew the exemption unless the regional board makes the findings
specified in subdivision (a).
(d) 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.
(e) If a regional board determines that a surface impoundment
granted an exemption pursuant to subdivision (a) is polluting, or
threatening to pollute, the waters of the state, the regional board
shall take all of the actions specified in Section 25208.6.
(f) The exemption authorized by this section shall be available
only for surface impoundments used for the temporary storage and
treatment of boiler cleaning wastes at fossil-fueled powerplants
owned or operated by a public utility subject to the jurisdiction of
the Public Utilities Commission used to generate electricity for sale
to the public, except that a public utility that has secured an
exemption under this section may transfer that exemption to a
subsequent owner of the fossil-fueled powerplant, regardless of
whether the subsequent owner is a public utility subject to the
jurisdiction of the Public Utilities Commission or sells the
electricity generated to the public, if all of the conditions of
subdivision (i) are met. If the exemption is transferred, all the
requirements of this section shall apply to the subsequent owner. A
subsequent owner may, in turn, transfer the exemption to another
subsequent owner if all the conditions of subdivision (i) are met at
the time of that transfer.
(g) For purposes of this section, any surface impoundment located
within one-half mile up gradient of a potential source of drinking
water shall comply with the requirements for double liners, leachate
collection systems, and groundwater monitoring specified in
subdivision (a) of Section 25208.5, and shall not be granted an
exemption pursuant to subdivision (c) of Section 25208.5.
(h) For purposes of this section, any surface impoundment not
located within one-half mile up gradient of a potential source of
drinking water shall be equipped with double liners, a leachate
collection system, and groundwater monitoring. The leachate
collection system and groundwater monitoring required by this
subdivision shall be consistent with the requirements specified in
subdivision (a) of Section 25208.5. The requirements for double
liners in this section may be satisfied by double liners made of
synthetic or other materials with a permeability of not more than 1 x
10-7 centimeters per second. If a substantial breach of the top
liner in any surface impoundment covered by this subdivision is
detected through inspection, testing, or otherwise, the integrity of
the top liner shall be restored prior to the next subsequent use of
the impoundment.
(i) A subsequent owner of a fossil-fueled powerplant seeking to
obtain a transfer of an exemption granted under this section shall
apply for that exemption transfer to the regional board. The
application may be granted by the regional board only if the regional
board finds that all of the following conditions have been met:
(1) The subsequent owner, at the time of the transfer, will be in
compliance with all requirements of this section.
(2) The hydrogeological assessment report, as required by
subdivision (a), is on file.
(3) The surface impoundment has been inspected and tested for
integrity within the six months prior to the date of the proposed
transfer.
(4) The subsequent owner has obtained a transfer of the hazardous
waste facilities permit applicable to the surface impoundment and has
demonstrated compliance with the financial assurance and liability
insurance requirements specified in Article 8 (commencing with
Section 66264.140) of Chapter 14 of Division 4.5 of Title 22 of the
California Code of Regulations, or any successor regulation.
(5) The application for transfer of the exemption is accompanied
by a fee sufficient to cover the costs of processing the application,
as determined by the regional board.