25208.2
. For purposes of this article, the following definitions
apply:
(a) "Active life of the facility" means that period of time when
the facility has the potential to adversely affect the waters of the
state, but if the owner enters into an agreement with the board to
properly close the impoundment on a specified date, the active life
of the facility means that period of time up to that specified date.
(b) "Background water quality" means the level of concentration of
indicator parameters in groundwater that is not, or has not been,
affected by any hazardous waste, hazardous waste constituent, or
hazardous waste leachate emanating from a particular waste management
unit.
(c) "Board" or "state board" means the State Water Resources
Control Board.
(d) "Close the impoundment" means the permanent termination of all
hazardous waste discharge operations at a waste management unit and
any operations necessary to prepare that waste management unit for
postclosure maintenance that are conducted pursuant to the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.), and the regulations adopted by the state board and the
department concerning the closure of surface impoundments.
(e) "Constituent" means an element, chemical compound, or mixture
of compounds that is a component of a hazardous waste or leachate and
has the physical or chemical properties that cause the waste to be
identified as hazardous waste by the department.
(f) "Discharge" means to place, dispose of, or store liquid
hazardous wastes or hazardous wastes containing free liquids into or
in a surface impoundment owned or operated by the person who is
conducting the placing, disposal, or storage.
(g) "Emergency containment dike" means a berm that is located
around a tank solely for the purpose of containing any emergency
spills from the tank and does not contain any liquid hazardous waste
or hazardous wastes containing free liquids for longer than 48 hours.
(h) "Facility" means the structures, appurtenances, and
improvements on the land, and all contiguous land, that are used for
treating, storing, or disposing of hazardous waste. A facility may
consist of several waste management units.
(i) "Free liquids" means liquids that readily separate from the
solid portion of a hazardous waste under ambient temperature and
pressure.
(j) "Groundwater" means water below the land surface in a zone of
saturation.
(k) "Hazardous waste" means a waste that is a hazardous waste, as
specified in this chapter.
(l) "Indicator parameters" means the measureable physical or
chemical characteristics in groundwater or soil-pore moisture that
are likely to be affected by hazardous waste disposal operations and
are used, for comparison purposes, to assess the result of hazardous
waste disposal operations at a particular waste management unit on
the waters of the state.
(m) "Landfill" means a facility or part of a facility where
hazardous waste is placed in or on land for disposal and that is not
a land farm, surface impoundment, or an injection well.
(n) "Leachate" means any fluid, including any constituents in the
liquid, that has percolated through, migrated from, or drained from,
a hazardous waste management unit.
(o) "Owner" means a person who owns a facility or part of a
facility.
(p) "Perched water" means a localized body of groundwater that
overlies, and is hydraulically separated from, an underlying body of
groundwater.
(q) "pH" means a measure of a sample's acidity expressed as a
negative logarithm of the hydrogen ion concentration.
(r) "Pile" means any noncontainerized accumulation of solid,
nonflowing hazardous waste that is used for the purpose of treatment
or storage.
(s) "Pollution" has the same meaning as defined in Section 13050
of the Water Code.
(t) "Potential source of drinking water" means either water that
is identified or designated in a water quality control plan adopted
by a regional board as being suitable for domestic or municipal uses
and is potable, or water that is located in water-bearing strata, is
an underground source of drinking water, as defined in Section 146.3
of Title 40 of the Code of Federal Regulations, and does not meet the
criteria for an exempted aquifer, pursuant to Section 146.4 of Title
40 of the Code of Federal Regulations.
(u) "Qualified person" means a person who has at least five years
of full-time experience in hydrogeology and who is a certified
engineering geologist certified pursuant to Section 7842 of the
Business and Professions Code, a professional geologist registered
pursuant to Section 7850 of the Business and Professions Code, or a
registered civil engineer registered pursuant to Section 6762 of the
Business and Professions Code. "Full-time experience" in hydrogeology
may include a combination of postgraduate studies in hydrogeology
and work experience, with each year of postgraduate work counted as
one year of full-time work experience, except that not more than
three years of postgraduate studies may be counted as full-time
experience.
(v) "Regional board" means the California regional water quality
control board for the region in which the surface impoundment is
located.
(w) "Report" means the hydrogeological assessment report specified
in Section 25208.8.
(x) "Surface impoundment" or "impoundment" means a waste
management unit or part of a waste management unit that is a natural
topographic depression, artificial excavation, or diked area formed
primarily of earthen materials, although it may be lined with
artificial materials, that is designed to hold an accumulation of
liquid hazardous wastes or hazardous wastes containing free liquids,
including, but not limited to, holding, storage, settling, or
aeration pits, evaporation ponds, percolation ponds, other ponds, and
lagoons. Surface impoundment does not include a landfill, a land
farm, a pile, an emergency containment dike, a tank, or an injection
well.
(y) "Tank" means a stationary device, designed to contain an
accumulation of hazardous waste, that is constructed primarily of
nonearthen materials, such as fiberglass, steel, or plastic to
provide structural support, and has been issued a permit pursuant to
Section 25284.
(z) "Vadose zone" means the zone between the land surface and the
water table.
(aa) "Waste management unit" means that portion of a facility used
for the discharge of hazardous waste into or onto land, including
all containment and monitoring equipment associated with that portion
of the facility.