Section 13611.5 Of Chapter 8.5. Perchlorate From California Water Code >> Division 7. >> Chapter 8.5.
13611.5
. (a) On or before January 1, 2005, and annually thereafter,
unless the owner or operator has met the alternative compliance
requirements of subdivision (b), an owner or operator of a storage
facility that has stored in any calendar year since January 1, 1950,
over 500 pounds of perchlorate shall submit to the state board, to
the extent feasible, all of the following information:
(1) The volume of perchlorate stored each year.
(2) The method of storage.
(3) The location of storage. To the extent authorized by federal
law, in the case of a perchlorate storage facility under the control
of the Armed Forces of the United States, "location" means the name
and address of the property within which the perchlorate storage
facility is located.
(4) Copies of documents relating to any monitoring undertaken for
potential leaks into the water bodies of the state.
(b) The owner or operator of a storage facility that has stored in
any calendar year since January 1, 1950, over 500 pounds of
perchlorate, is in compliance with this section if both of the
following conditions are met:
(1) The owner or operator has provided substantially similar
information as required pursuant to subdivision (a) to a state,
local, or federal agency pursuant to any of the following:
(A) An order issued by a regional board pursuant to Chapter 5
(commencing with Section 13300) of Division 7.
(B) An order, consent order, or consent decree issued or entered
into by the Department of Toxic Substances Control pursuant to
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code.
(C) An order, consent order, or consent decree issued or entered
into by the United States Environmental Protection Agency pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(D) The requirement under Section 25504.1 of the Health and Safety
Code, as added by Assembly Bill 826 of the 2003-04 Regular Session.
(2) The owner or operator, on or before January 1, 2005, and
annually thereafter, notifies the state board of the governmental
entity to which the information is provided and the state board
determines the information supplied is substantially similar as the
information required to be reported pursuant to subdivision (a). In
the case of any information submitted to a federal or local agency,
the state board may require the owner or operator, in addition, to
submit that information to the state board if the state board
determines that the information is not otherwise reasonably available
to the state board.
(c) This section shall not be administered or implemented if the
state board receives notification from the Secretary for
Environmental Protection pursuant to Section 13613 that the Secretary
for Environmental Protection has established a database that is able
to receive perchlorate inventory information.
(d) Information on perchlorate storage need only be submitted
pursuant to this section one time, unless information originally
submitted pursuant to this section has changed.