Section 20380 - SWRCB - Applicability. (C15: s2550.0) (California Code of Regulations)

§ 20380. SWRCB - Applicability. (C15: s2550.0)

(a) The regulations in this article apply to owners or operators of facilities that treat, store, or dispose of waste at waste management units. The owner or operator of a surface impoundment, waste pile, landfill, or land treatment unit that receives or has received waste (hereinafter referred to as "waste management units", or "Units") that is subject to the SWRCB-promulgated requirements of this division, pursuant to ss20080 and 20090 shall comply with the provisions of this article for purposes of detecting, characterizing, and responding to releases to ground water, surface water, or the unsaturated zone. Furthermore, s20400 of this article also applies to all determinations of alternative cleanup levels for unpermitted discharges to land of solid waste, pursuant to ¶III.G. of SWRCB Resolution No. 92-49 [s2550.4 of Title 23 of this code serves a similar function for unpermitted discharges to land of hazardous waste].

(b) Known or Reasonably Foreseeable Release -In accordance with applicable requirements of ss 22220-22222, waste discharge requirements (WDRs) for a Unit subject to this section shall contain a provision which requires the discharger to obtain and maintain assurances of financial responsibility for initiating and completing corrective action for all known or reasonably foreseeable releases from the Unit.

(c) [Reserved]

(d) Apply Unless Clean-Closed -The regulations under this article apply during the Unit's active life and closure period. After closure of the Unit, the regulations in this article apply during the post-closure maintenance period of the Unit and during any compliance period under s20410 of this article, unless:

(1) the Unit has been in compliance with the water quality protection standard ("Water Standard" of s20390) for a period of three consecutive years; and

(2) Clean-Closure -all waste, waste residues, contaminated containment system components, contaminated subsoils, and all other contaminated materials are removed or decontaminated at closure, pursuant to: s21090(f), for landfills; s21400(b)(1), for surface impoundments; or s21410(a)(1), for waste piles.

(e) Allowable Engineered Alternatives -In considering a monitoring proposal by the discharger, the RWQCB can allow an engineered alternative for any of the prescriptive standards in this article so long as the RWQCB:

(1) finds that each engineered alternative meets the requirements of s20080(b & c);

(2) finds, for each applicable program under s20385, that the discharger's proposed monitoring-data procurement and analysis methods achieve the program's respective goals, including:

(A) for a detection monitoring program, the goals articulated in s20420(b);

(B) for an evaluation monitoring program, the goals articulated in s20425(a)(2); and

(C) for a corrective action program, the goals articulated in s20430(b);

(3) requires ground water monitoring at least annually at disposal Units and at Units that will be used for five or more years for waste treatment or storage.

(1. New subchapter 3, article 1 (sections 20380-20435) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).)

Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code; and Section 43103, Public Resources Code.

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