Section 13263.2 Of Article 4. Waste Discharge Requirements From California Water Code >> Division 7. >> Chapter 4. >> Article 4.
13263.2
. The owner or operator of a facility that treats
groundwater which qualifies as a hazardous waste pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code is exempt from the requirement to obtain a hazardous
waste facility permit pursuant to Section 25201 of the Health and
Safety Code for the treatment of groundwater if all of the following
conditions are met:
(a) The facility treats groundwater which is extracted for the
purposes of complying with one or more of the following:
(1) Waste discharge requirements prescribed pursuant to Section
13263.
(2) A cleanup or abatement order issued pursuant to Section 13304.
(3) A written authorization issued by a regional board or local
agency designated pursuant to Section 25283 of the Health and Safety
Code.
(4) An order or approved remedial action plan issued pursuant to
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code.
(b) The facility meets, at a minimum, all of the following
operating standards:
(1) The treatment does not require a hazardous waste facilities
permit pursuant to the Resource Conservation and Recovery Act, as
amended (42 U.S.C. Sec. 6901 et seq.).
(2) The facility operator prepares and maintains written operating
instructions and a record of the dates, amounts, and types of waste
treated.
(3) The facility operator prepares and maintains a written
inspection schedule and log of inspections conducted.
(4) The records specified in paragraphs (2) and (3) are maintained
by the owner or operator of the facility for a period of three
years.
(5) The owner or operator maintains adequate records to
demonstrate that it is in compliance with all of the pretreatment
standards and with all of the applicable industrial waste discharge
requirements issued by the agency operating the publicly owned
treatment works into which the wastes are discharged.
(6) (A) Upon terminating the operation of any treatment process or
unit exempted pursuant to this section, the owner or operator that
conducted the treatment removes or decontaminates all waste residues,
containment system components, soils, and other structures or
equipment contaminated with hazardous waste from the unit. The
removal of the unit from service shall be conducted in a manner that
does both of the following:
(i) Minimizes the need for further maintenance.
(ii) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process ceases
operation.
(B) Any owner or operator who permanently ceases operation of a
treatment process or unit that is exempted pursuant to this section
shall provide written notification to the regional board or local
agency upon completion of all activities required by this
subdivision.
(7) The waste is managed in accordance with all applicable
requirements for generators of hazardous waste under Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code and the regulations adopted by the Department of Toxic
Substances Control pursuant to that chapter.
(c) The groundwater is treated at the site where it is extracted
in compliance with one or more of paragraphs (1), (2), (3), and (4)
of subdivision (a).
(d) All other regulatory requirements applicable to the facility
pursuant to Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code are met by the owner or operator.
(e) The treatment of the contaminated groundwater is not performed
under corrective action required by Section 25200.10 of the Health
and Safety Code.