25208.17
. (a) Except as provided in subdivision (g), a person
specified in subdivision (h) is exempt from filing the report
required by Section 25208.7 if the surface impoundment has been
closed, or will be closed before January 1, 1988, in accordance with
Subchapter 15 (commencing with Section 2510) of Chapter 3 of Title 23
of the California Code of Regulations, and it has only been used for
the discharge of economic poisons, as defined in Section 12753 of
the Food and Agricultural Code, and if the person submits an
application for exemption to the regional board on or before February
1, 1987, pursuant to subdivision (b) and an initial hydrogeological
site assessment report to the regional board on or before July 1,
1987. A qualified person shall be responsible for the preparation of
the hydrogeological site assessment report and shall certify its
completeness and accuracy.
(b) A person seeking exemption from Section 25208.7 shall file an
application for exemption with the regional board on or before
February 1, 1987, together with an initial filing fee of three
thousand dollars ($3,000). The application shall include the names of
persons who own or operate each surface impoundment for which the
exemption is sought and the location of each surface impoundment for
which an exemption is sought.
(c) Notwithstanding Section 25208.3, each person filing an
application for exemption pursuant to subdivision (b) shall pay only
the application fee provided in subdivision (b) and any additional
fees assessed by the state board to recover the actual costs incurred
by the state board and regional boards to administer this section.
The person is not liable for fees assessed pursuant to Section
25208.3, except that, if the person is required to comply with
Section 25208.7 or 25208.6, the fees assessed under this section
shall include the costs of the regional board and state board to
administer those sections.
(d) If a person fails to pay the initial filing fee by February 1,
1987, or fails to pay any subsequent additional assessment pursuant
to subdivision (c), the person shall be liable for a penalty of not
more than 100 percent of the fees due and unpaid, but in an amount
sufficient to deter future noncompliance, as based upon that person's
past history of noncompliance and ability to pay, and upon
additional expenses incurred by the regional board and state board as
a result of this noncompliance.
(e) Notwithstanding Section 25208.3, after the regional board has
made a determination pursuant to subdivision (g), a final payment or
refund of fees specified in subdivision (c) shall be made so that the
total fees paid by the person shall be sufficient to cover the
actual costs of the state board and the regional board in
administering this section.
(f) The hydrogeological site assessment report shall contain, for
each surface impoundment, all of the following information:
(1) A description of the surface impoundment, including its
physical characteristics, its age, the presence or absence of a
liner, a description of the liner, the liner's compatibility with the
hazardous wastes discharged to the impoundment, and the design
specifications of the impoundment.
(2) A description of the volume and concentration of hazardous
waste constituents placed in the surface impoundment, based on a
representative chemical analysis of the specific hazardous waste type
and accounting for variance in hazardous waste constituents over
time.
(3) An analysis of surface and groundwater on, under, and within
one mile of the surface impoundment to provide a reliable indication
of whether or not hazardous constituents or leachate is leaking or
has been released from the surface impoundment.
(4) A chemical characterization of soil-pore liquid in areas that
are likely to be affected by hazardous constituents or leachate
released from the surface impoundment, as compared to geologically
similar areas near the surface impoundment that have not been
affected by releases from the surface impoundment. This
characterization shall include both of the following:
(A) A description of the composition of the vadose zone beneath
the surface impoundment. This description shall include a chemical
and hydrogeological characterization of both the consolidated and
unconsolidated geologic materials underlying the surface impoundment,
and an analysis for pollutants, including those constituents
discharged into the surface impoundment. This description shall also
include soil moisture readings from a representative number of points
around the surface impoundment's perimeter and at the maximum depth
of the surface impoundment. If the regional board determines that the
use of suction type soil sampling devices is infeasible due to
climate, soil hydraulics, or soil texture, the regional board may
authorize the use of alternative devices. The initial report shall
contain all data in tabular form so that data, constituents, and
concentrations are readily discernible.
(B) A determination of the chemical characteristics of the soil
made by collecting a soil sample upgradient from the impoundment or
from an area that has not been affected by seepage from the surface
impoundment and that is in a hydrogeologic environment similar to the
surface impoundment. The determinations shall be analyzed for the
same pollutants analyzed pursuant to subparagraph (A).
(5) A description of current groundwater and vadose zone
monitoring being conducted at the surface impoundment for leak
detection, including detailed plans and equipment specifications and
a technical report that provides the rationale for the spatial
distribution of groundwater and vadose zone monitoring points for the
design of monitoring facilities, and for the selection of monitoring
equipment. This description shall include:
(A) A map showing the location of monitoring facilities with
respect to each surface impoundment.
(B) Drawings and design data showing construction details of
groundwater monitoring facilities, including all of the following:
(i) Casing and hole diameter.
(ii) Casing materials.
(iii) Depth of each monitoring well.
(iv) Size and position of perforations.
(v) Method for joining sections of casing.
(vi) Nature and gradation of filter material.
(vii) Depth and composition of annular seals.
(viii) Method and length of time of development.
(ix) Method of drilling.
(C) Specifications, drawings, and data for the location and
installation of vadose zone monitoring equipment.
(D) Discussion of sampling frequency and methods and analytical
protocols used.
(E) Justification of indicator parameters used.
(6) Documentation demonstrating that the monitoring system and
methods used at the facility can detect any seepage before the
hazardous waste constituents enter the waters of the state. This
documentation shall include, but is not limited to, substantiation of
each of the following:
(A) The monitoring facilities are located close enough to the
surface impoundment to identify lateral and vertical migration of any
constituents discharged to the impoundment.
(B) The groundwater monitoring wells are not located within the
influence of any adjacent pumping water wells that might impair their
effectiveness.
(C) The groundwater monitoring wells are screened only in the zone
of groundwater to be monitored.
(D) The casing material in the groundwater monitoring wells does
not interfere with, or react to, the potential contaminants of major
concern at the impoundment.
(E) The casing diameter allows an adequate amount of water to be
removed during sampling and allows full development of each well.
(F) The annular seal of each groundwater monitoring well prevents
pollutants from migrating down the well.
(G) The water samples are collected after at least five well
volumes have been removed from the well and that the samples are
collected, preserved, transported, handled, analyzed, and reported in
accordance with guidelines for collection and analysis of
groundwater samples that provide for preservation of unstable
indicator parameters and prevent physical or chemical changes that
could interfere with detection of indicator parameters. If the wells
are low-yield wells, in that the wells are incapable of yielding
three well volumes during a 24-hour period, the methods of water
sample collection shall ensure that a representative sample is
obtained from the well.
(H) The hazardous waste constituents selected for analysis are
specific to the facility, taking into account the chemical
composition of hazardous wastes previously placed in the surface
impoundment.
(I) The frequency of monitoring is sufficient to give timely
warning of any leakage or release of hazardous constituents or
leachate so that remedial action can be taken prior to any adverse
changes in the quality of the groundwater.
(7) A written statement from the qualified person preparing the
report indicating whether any hazardous constituents or leachate has
migrated into the vadose zone, water-bearing strata, or waters of the
state in concentrations that pollute or threaten to pollute the
waters of the state.
(8) A written statement from the qualified person preparing the
report indicating whether any migration of hazardous constituents or
leachate into the vadose zone, water-bearing strata, or waters of the
state is likely or not likely to occur within five years, and any
evidence supporting that statement.
(g) The regional board shall complete a thorough analysis of each
hydrogeological site assessment report submitted pursuant to
subdivision (b) within one year after submittal. If the regional
board determines that a hazardous waste constituent from the surface
impoundment is polluting or threatening to pollute, as defined in
subdivision (l) of Section 13050 of the Water Code, both of the
following shall occur:
(1) The regional board shall issue a cease and desist order or a
cleanup and abatement order that prohibits any discharge into the
surface impoundment and requires compliance with Section 25208.6.
(2) The person shall file a report pursuant to Section 25208.7
within nine months after the regional board makes the determination
pursuant to subdivision (g). In making any determination under this
subdivision, the regional board shall state the factual basis for the
determinations.
(h) For purposes of this section, "person" means only the
following:
(1) Pest control operators and businesses licensed pursuant to
Section 11701 of the Food and Agricultural Code.
(2) Local governmental vector control agencies who have entered
into a cooperative agreement with the department pursuant to Section
116180.