§ 20090. SWRCB - Exemptions. (C15: s2511)
The following activities shall be exempt from the SWRCB-promulgated provisions of this subdivision, so long as the activity meets, and continues to meet, all preconditions listed:
(a) Sewage -Discharges of domestic sewage or treated effluent which are regulated by WDRs issued pursuant to Chapter 9, Division 3, Title 23 of this code, or for which WDRs have been waived, and which are consistent with applicable water quality objectives, and treatment or storage facilities associated with municipal wastewater treatment plants, provided that residual sludges or solid waste from wastewater treatment facilities shall be discharged only in accordance with the applicable SWRCB-promulgated provisions of this division.
(b) Wastewater -Discharges of wastewater to land, including but not limited to evaporation ponds, percolation ponds, or subsurface leachfields if the following conditions are met:
(1) the applicable RWQCB has issued WDRs, reclamation requirements, or waived such issuance;
(2) the discharge is in compliance with the applicable water quality control plan; and
(3) the wastewater does not need to be managed according to Chapter 11, Division 4.5, Title 22 of this code as a hazardous waste.
(c) Underground Injection -Discharges of waste to wells by injection pursuant to the Underground Injection Control Program established by the United States Environmental Protection Agency (USEPA) under the Safe Drinking Water Act, [42 U.S. Code Section 300(h), see Title 40 of the Code of Federal Regulations, Parts 144 to 146, 40 CFR 144 to 146].
(d) RWQCB Cleanup Actions -Actions taken by or at the direction of public agencies to cleanup or abate conditions of pollution or nuisance resulting from unintentional or unauthorized releases of waste or pollutants to the environment; provided that wastes, pollutants, or contaminated materials removed from the immediate place of release shall be discharged according to the SWRCB-promulgated sections of Article 2, Subchapter 2, Chapter 3, Subdivision 1 of this division (s20200 et seq.); and further provided that remedial actions intended to contain such wastes at the place of release shall implement applicable SWRCB- promulgated provisions of this division to the extent feasible.
(e) Gas Condensate -Discharges of condensate from methane gas recovery operations at classified Units if the following conditions are met:
(1) condensate shall have no chemical additives which could adversely affect containment features, and shall consist only of water and liquid contaminants removed from gas recovered at a Unit;
(2) except as otherwise provided in s20200(d) regarding MSW landfills, condensate shall either be discharged to a different landfill that has a leachate collection and removal system and that is operated under WDRs issued by the RWQCB, or returned to the Unit(s) from which it came; and
(3) the discharger shall submit a report of waste discharge to the RWQCB, pursuant to Chapter 9, Division 3, Title 23 of this code, and shall discharge condensate only in compliance with WDRs.
(f) Soil Amendments -Use of nonhazardous decomposable waste as a soil amendment pursuant to applicable best management practices, provided that RWQCBs may issue waste discharge or reclamation requirements for such use.
(g) Drilling Waste -Discharges of drilling mud and cuttings from well-drilling operations, provided that such discharges are to on-site sumps and do not contain halogenated solvents, and further provided that, at the end of drilling operations, the discharger either:
(1) removes all wastes from the sump; or
(2) removes all free liquid from the sump and covers residual solid and semi-solid wastes, provided that representative sampling of the sump contents after liquid removal shows residual solid wastes to be nonhazardous. If the sump has appropriate containment features, it may be reused.
(h) Reuse -Recycling or other use of materials salvaged from waste, or produced by waste treatment, such as scrap metal, compost, and recycled chemicals, provided that discharges of residual wastes from recycling or treatment operations to land shall be according to applicable provisions of this division.
(i) Fully Enclosed Units -Waste treatment in fully enclosed facilities, such as tanks, or in concrete-lined facilities of limited areal extent, such as oil-water separators designed, constructed, and operated according to American Petroleum Institute specifications.(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 13269, Water Code.
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