Section 20080 - SWRCB - General Requirements. (C15: s2510) (California Code of Regulations)

§ 20080. SWRCB - General Requirements. (C15: s2510)

(a) Scope -The regulations in this subdivision that are promulgated by the State Water Resources Control Board (SWRCB) pertain to water quality aspects of discharges of solid waste to land for treatment, storage, or disposal. The SWRCB-promulgated regulations in this subdivision establish waste and site classifications and waste management requirements for solid waste treatment, storage, or disposal in landfills, surface impoundments, waste piles, and land treatment units. Requirements in the SWRCB-promulgated portions of this subdivision:

(1) Minimum standards -are minimum standards for proper management of each waste category. Regional boards may impose more stringent requirements to accommodate regional and site-specific conditions;

(2) MSW Landfill Requirements -as they apply to MSW landfills, are superseded by any more stringent requirements in SWRCB Resolution No. 93-62 (section 2908, Title 23 of this code) or in the federal MSW regulations (40CFR258);

(3) Utilize Abbreviated Internal References -make reference only to requirements of the sections within this subdivision, unless otherwise stated. Under this internal reference convention: (A) any unenumerated paragraph reference in this division [e.g., " P(c)", or " P(d)(2)(A-D)" (i.e., subsections A through D, inclusive)] is to be found in the same section as the referring subsection; and (B) any enumerated reference that does not explicitly identify a source outside this subdivision [e.g., "s20200", "s20220(b)", or "Article 2, Subchapter 3, Chapter 3"] is to be found in this subdivision; and

(4) Contain Nonregulatory Notes and Examples -contain some nonregulatory language that is needed in a body of multi-agency regulations such as this in order to improve clarity and continuity. Such non-regulatory language is always italicized, is always set off from adjacent regulatory text by parentheses or brackets, serves an obviously explanatory function, and typically begins with either "Note:" or "e.g., ". In the SWRCB-promulgated sections of this subdivision, such italicized notes and examples are intended only to provide the reader with useful guidance, and do not constitute standards having regulatory effect.

(b) Engineered Alternatives Allowed -Unless otherwise specified, alternatives to construction or prescriptive standards contained in the SWRCB-promulgated regulations of this subdivision may be considered. Alternatives shall only be approved where the discharger demonstrates that:

(1) the construction or prescriptive standard is not feasible as provided in ¶(c); and

(2) there is a specific engineered alternative that:

(A) is consistent with the performance goal addressed by the particular construction or prescriptive standard; and

(B) affords equivalent protection against water quality impairment.

(c) Demonstration [for ¶(b)] -To establish that compliance with prescriptive standards in this subdivision is not feasible for the purposes of ¶(b), the discharger shall demonstrate that compliance with a prescriptive standard either:

(1) is unreasonably and unnecessarily burdensome and will cost substantially more than alternatives which meet the criteria in ¶(b); or

(2) is impractical and will not promote attainment of applicable performance standards. The RWQCB shall consider all relevant technical and economic factors including, but not limited to, present and projected costs of compliance, potential costs for remedial action in the event that waste or leachate is released to the environment, and the extent to which ground water resources could be affected.

(d) Existing & New Units -Units which were operating, or had received all permits necessary for construction and operation, on or before November 27, 1984, are designated as "existing" Units. This includes disposal sites classified under previous regulations and unclassified Units. Dischargers shall continue to operate existing Units under existing classifications and WDRs until those classifications and requirements are reviewed in accordance with s21720(c). Existing Units shall be closed and maintained after closure according to Subchapter 5, Chapter 3 of this subdivision (s20950 et seq.). All other Units (including expansions and reconstructions of existing Units initiated after November 27, 1984) are "new" Units. For discharges at new Units, the discharger shall comply with all applicable provisions of this division, as summarized in Table 3.1 [of Article 3, Subchapter 2, Chapter 3 of this subdivision] and in s20310(d). Pending review and reclassification, the following SWRCB- promulgated provisions of this division shall apply to existing Units:

(1) except with regard to Units which were closed, abandoned, or inactive on or before November 27, 1984 [such Units are addressed separately, under ¶(g)], all dischargers are required to be in compliance with the monitoring program requirements [in Article 1, Subchapter 3, Chapter 3, Subdivision 1 of this division (s20380 et seq.)];

(2) dischargers may be required to submit additional technical and monitoring reports to the RWQCB as determined to be necessary on a case-by-case basis.

(e) Reclassification -In reviewing WDRs for existing Units, the RWQCB shall consider the results of monitoring programs developed under ¶(d)(1) and technical and monitoring reports submitted under ¶(d)(2). Existing Units shall be reclassified according to the geologic siting criteria in Article 3, Subchapter 2, Chapter 3, Subdivision 1 of this division (s20240 et seq., as summarized in Table 3.1 of that article) and shall be required to comply with applicable SWRCB-promulgated construction standards in Article 4, Subchapter 2, Chapter 3, Subdivision 1 of this division [as summarized in s20310(d)] as feasible. To establish that retrofitting is not feasible, the discharger shall be required to make the demonstrations in ¶(b) and ¶(c).

(f) WDRs Implement Regulations -The RWQCB shall implement the SWRCB-promulgated regulations in this subtitle through the issuance of WDRs for Units.

(g) CAI Units -Persons responsible for discharges at Units which were closed, abandoned, or inactive on or before November 27, 1984 (CAI Units), may be required to develop and implement a detection monitoring program in accordance with Article 1, Subchapter 3, Chapter 3, Subdivision 1 of this division (s20380 et seq.). If water quality impairment is found, such persons may be required to develop and implement a corrective action program under that article.

(h) Mining Waste -Discharges of mining waste, as defined in s22470(a), shall be regulated only by the provisions of Article 1, Subchapter 1, Chapter 7, Subdivision 1 of this division (s22470 et seq.) and by such provisions of the other portions of this subdivision as are specifically referenced in that article.

(i) Combined SWRCB/CIWMB Solid Waste Landfill Regulations -The California Integrated Waste Management Board (CIWMB) and the SWRCB have promulgated the combined regulations contained in this division. For clarity, in moving the modified sections from their former location (in Chapter 15, Division 3, Title 23 of this code):

(1) Section Title Coding -the title of each SWRCB-promulgated section in the combined regulations begins with "SWRCB - " and ends with the section number (in parentheses) that section had in Title 23 -e.g., the notation "(C-15: s2540)" following the section title signifies that the subject section is derived from s2540, Chapter 15, Division 3, Title 23 of this code, as that chapter existed prior to July 18, 1997; and

(2) Paragraph Subtitles -subtitles have been added at the beginning of many paragraphs, to assist the reader in quickly finding specific portions of the SWRCB's requirements that address a particular issue.

(1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)

Note: Authority cited: Section 1058, Water Code. Reference: Sections 13142, 13260 and 13263, Water Code.

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