§ 20070. Combined CIWMB and SWRCB Federal Subtitle D Research, Development, and Demonstration Permits
(a) Except as provided in paragraph (f) of this section, EA with concurrence by the CIWMB, and the RWQCB, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from either or both of the criteria listed in subsections (1) and (2) below, provided that the MSWLF unit has a leachate collection system designed and constructed to maintain less than a 30-cm depth of leachate on the liner:
(1) The run-on control systems in 40 CFR Section 258.26(a)(1), as implemented in Title 27, CCR; and
(2) The liquids restrictions in 40 CFR 258.28(a), as implemented in Title 27, CCR.
(b) The EA with concurrence by the CIWMB, and the RWQCB, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of 40 CFR 258.60(a)(1), (a)(2) and (b)(1), as implemented in Title 27, CCR, provided the MSWLF unit owner/operator demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of groundwater or surface water, or cause leachate depth on the liner to exceed 30-cm.
(c) Any permit issued under this section must include such terms and conditions at least as protective as the criteria for MSWLFs, as set forth in this Division, to assure protection of public health and safety and the environment. Such permits shall:
(1) Provide for the construction and operation of such facilities as necessary, for not longer than three years, unless renewed as provided in paragraph (e) of this section;
(2) Provide that the MSWLF unit must receive only those types and quantities of municipal solid waste and nonhazardous wastes which the EA, CIWMB, and the RWQCB, deem appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;
(3) Include such requirements as necessary to protect public health and safety and the environment, including such requirements as necessary for testing and providing information to the EA, CIWMB, and the RWQCB with respect to the operation of the facility;
(4) Require the owner or operator of a MSWLF unit permitted under this section to submit an annual report to the EA, CIWMB, and the RWQCB showing whether and to what extent the site is progressing in attaining project goals. The report shall also include a summary of all monitoring and testing results, as well as any other operating information specified in the permit and its supporting documents; and
(5) Require compliance with all MSWLF criteria, as set forth in this Division, except as permitted under this section.
(d) The EA, CIWMB, or the RWQCB may order an immediate termination of all operations at the facility allowed under this section or other corrective measures at any time the EA, CIWMB, or the RWQCB determines that the overall goals of the project are not being attained, including protection of public health and safety or the environment, pursuant to procedures set forth in this Division, Division 7 of Title 14, and Division 30 of the Public Resources Code.
(e) For the purposes of this section, a research, development, and demonstration permit shall mean the SWFP and WDRs issued pursuant to Chapter 4 of this Division, or if applicable, the approved final closure and postclosure maintenance plans required in accordance with Chapter 4 of this Division.
(f) Any permit issued under this section shall not exceed three years and each renewal of a permit shall not exceed three years. The total term for a permit for a project including renewals shall not exceed twelve years. A permit renewal under this section shall conform to the following requirements:
(1) The applicant shall provide a detailed assessment of the project showing the status with respect to achieving project goals, a list of problems and status with respect to problem resolutions, and any other requirements specific to the operation that the EA with concurrence by the CIWMB, and the RWQCB determine are necessary for permit renewal.
(2) The EA shall process the permit renewal in accordance with sections 21650 through 21665 of Chapter 4 of this Division. A permit issued under this section shall be renewed by amending the RFI or revising the SWFP, as applicable.
(3) The process for permit renewal for approved final closure and postclosure maintenance plans shall be in accordance with sections21860 and 21890, if applicable, of Chapter 4 of this Division.
(4) For the purposes of this section, renewal shall apply solely to the research, development, and demonstration activities authorized under this section, and not the unrelated activities of the facility or site.
(g) Small MSWLFs:
(1) An owner or operator of a MSWLF unit operating under an exemption set forth in 40 CFR 258.1(f)(1) is not eligible for any variance from 40 CFR 258.26(a)(1) and 258.28(a) of the operating criteria in subpart C of 40 CFR, as implemented by Title 27, CCR, and
(2) An owner or operator of a MSWLF unit that disposes of 20 tons of municipal solid waste per day or less, based on an annual average, is not eligible for a variance from 40 CFR 258.60(b)(1), as implemented by Title 27, CCR, except in accordance with 40 CFR 258.60(b)(3), as implemented by Title 27, CCR.
(h) Any variances issued under this section shall not relieve the owner or operator from complying with all other applicable standards of this Division.(1. New section filed 9-29-2005; operative 9-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 39).)
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 40508, 43020 and 43021, Public Resources Code; and 40 CFR Section 258.4.
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