Section 25209.2 Of Article 9.6. Land Treatment Units From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.6.
25209.2
. (a) Except as provided in Section 25209.5, unless granted
a variance pursuant to subdivision (b), or exempted pursuant to
Section 25209.6, no person shall discharge hazardous waste into a new
land treatment unit at a new or existing facility, any land
treatment unit which replaces an existing land treatment unit, or any
laterally expanded portion of an existing land treatment unit that
has not been equipped with liners, a leachate collection and removal
system, a groundwater monitoring system, and a vadose zone monitoring
system which satisfy the requirements of Section 25209.5.
(b) The department may grant a variance from the requirements of
subdivision (a) and Section 25209.3, concerning equipping the land
treatment unit with liners and a leachate collection and removal
system, if the owner or operator demonstrates to the department and
the department finds all of the following:
(1) If the land treatment unit is an existing land treatment unit,
no hazardous constituents have migrated from the treatment zone of
the land treatment unit into the vadose zone or into the waters of
the state. In making this demonstration the owner or operator shall
take a sufficient number of core samples in, beneath, and surrounding
the treatment zone of the land treatment unit to characterize the
chemical constituents in the treatment zone, in the immediate area of
the vadose zone surrounding the treatment zone, and in the area of
the vadose zone beneath the treatment zone and shall submit
groundwater monitoring data sufficient in scope to demonstrate that
there has been no migration of hazardous constituents into the vadose
zone or into the waters of the state. The owner or operator, as an
alternative to taking these core samples, may use the data obtained
from any land treatment demonstration required by the department
before issuing a hazardous waste facilities permit pursuant to
Section 25200, if the data were obtained not more than two years
prior to the application for the variance and is sufficient in scope
to demonstrate that there has been no migration of hazardous
constituents into the vadose zone or into the waters of the state.
(2) Notwithstanding the date that the land treatment unit
commences operations, the design and operating practices will prevent
the migration of hazardous constituents from the treatment zone of
the land treatment unit into the vadose zone or into the waters of
the state.
(3) Notwithstanding the date that the land treatment unit
commences operations, the design and operating practices provide for
rapid detection and removal or remediation of any hazardous
constituents that migrate from the treatment zone of the land
treatment unit into the vadose zone or into the waters of the state.
(c) (1) The department may renew a variance only in those cases
where an owner or operator can demonstrate, and the department finds,
both of the following:
(A) No hazardous constituents have migrated from the treatment
zone of the land treatment unit into the vadose zone or into the
waters of the state.
(B) Continuing the operation of the land treatment unit does not
pose a significant potential of hazardous constituents migrating from
the land treatment unit into the vadose zone or into the waters of
the state.
(2) In making the demonstration for the renewal of a variance
pursuant to this subdivision, the owner or operator may use field
tests, laboratory analyses, or, operating data.
(d) A variance, or a renewal of a variance, may be issued for a
period not to exceed three years.
(e) Except for the exemption from vadose zone monitoring
requirements specified in Section 25209.5, neither the requirements
of this article nor the variance provisions of subdivision (b) shall
relieve the owner or operator from responsibility to comply with all
other existing laws and regulations pertinent to land treatment
units.