Section 22940 - SWRCB - Solar Evaporator Operation Requirements (California Code of Regulations)

§ 22940. SWRCB - Solar Evaporator Operation Requirements

(a) Limitation on Standing Water - The solar evaporator shall be operated so that, under reasonably forseeable operating conditions, the discharge of agricultural drainage water to the solar evaporator will not result in standing water, outside of a water catchment basin. Agricultural drainage water from the IFDM system shall be discharged to the solar evaporator by timed sprinklers or other equipment that allows the discharge rate to be set and adjusted as necessary to avoid standing water in the solar evaporator.

(b) Prevention of Nuisance - The solar evaporator shall be operated so that, under reasonably forseeable operating conditions, the discharge of agricultural drainage water to the solar evaporator does not result in:

(1) The drift of salt spray, mist, or particles outside of the boundaries of the solar evaporator, or

(2) Any other nuisance condition.

(c) Prohibition of Outside Discharge - The operation of a solar evaporator shall not result in any discharge of agricultural drainage water outside the boundaries the solar evaporator.

(d) Salt Management - For solar evaporators in continuous operation under a Notice of Authority to Operate issued by a Regional Water Quality Control Board, evaporite salt accumulated in the solar evaporator shall be collected and removed from the solar evaporator if and when the accumulation is sufficient to interfere with the effectiveness of the operation standards of the solar evaporator as specified in this section. One of the following three requirements shall be selected and implemented by the owner or operator:

(1) Evaporite salt accumulated in the solar evaporator may be harvested and removed from the solar evaporator and sold or utilized for commercial, industrial, or other beneficial purposes.

(2) Evaporite salt accumulated in the solar evaporator may be stored for a period of one-year, renewable subject to an annual inspection, in a fully contained storage unit inaccessible to wind, water, and wildlife, until sold, utilized in a beneficial manner, or disposed in accordance with (3).

(3) Evaporite salt accumulated in the solar evaporator may be collected and removed from the solar evaporator, and disposed permanently as a waste in a facility authorized to accept such waste in compliance with the requirements of Titles 22, 23, 27 and future amendments of the CCR, or Division 30 (commencing with Section 40000) of the Public Resources Code.

(e) Monitoring - Monitoring and record keeping, including a groundwater monitoring schedule, data, and any other information or reporting necessary to ensure compliance with this article, shall be established by the RWQCB in accord with § 25209.14 of Article 9.7 of the Health and Safety Code.

(f) Avian Wildlife Protection - The solar evaporator shall be operated to ensure that avian wildlife is adequately protected as set forth in § 22910(a) and (v). The following Best Management Practices are required:

(1) Solar evaporators (excluding water catchment basins) shall be kept free of all vegetation.

(2) Grit-sized gravel (<5 mm in diameter) shall not be ued as a surface substrate within the solar evaporator.

(3) Netting or other physical barriers for excluding avian wildlife from water catchment basins shall not be allowed to sag into any standing water within the catchment basin.

(4) The emergence and dispersal of aquatic and semi-aquatic macro invertebrates or aquatic plants outside of the boundary of the water catchment basin shall be prevented.

(5) The emergence of the pupae of aquatic and semi-aquatic macro invertebrates from the water catchment basin onto the netting, for use as a pupation substrate, shall be prevented.

(g) Inspection - The RWQCB issuing a Notice of Authority to Operate a solar evaporator shall conduct authorized inspections in accord with § 25209.15 of Article 9.7 of the Health and Safety Code to ensure continued compliance with the requirements of this article. The RWQCB shall request an avian wildlife biologist to assist the RWQCB in its inspection of each authorized solar evaporator at least once annually during the month of May. If an avian wildlife biologist is not available, the RWQCB shall nevertheless conduct the inspection. During the inspection, observations shall be made for compliance with § 22910(a) and (v), and the following conditions that indicate an unreasonable threat to avian wildlife:

(1) Presence of vegetation within the boundaries of the solar evaporator;

(2) Standing water or other mediums within the solar evaporator that support the growth and dispersal of aquatic or semi-aquatic macro invertebrates or aquatic plants;

(3) Abundant sustained avian presence within the solar evaporator that could result in nesting activity;

(4) An apparent avian die-off or disabling event within the solar evaporator;

(5) Presence of active avian nests with eggs within the boundaries of the solar evaporator.

If active avian nests with eggs are found within the boundaries of the solar evaporator, the RWQCB shall report the occurrence to the USFWS and DFG within 24 hours, and seek guidance with respect to applicable wildlife laws and implementing regulations. Upon observation of active avian nests with eggs within the boundaries of the solar evaporator, all discharge of agricultural drainage water to the solar evaporator shall cease until (a) the nests are no longer active, or (b) written notification is received by the owner or operator, from the RWQCB, waiving the prohibition of discharge in compliance with all applicable state and federal wildlife laws and implementing regulations (i.e., as per applicable exemptions and allowable take provisions of such laws and implementing regulations.)

(1. New section filed 11-22-2004; effective on filing; pursuant to Health and Safety Code section 25209.16 this section remains in effect until revised by the State Water Resources Control Board (Register 2004, No. 48).)

Note: Authority cited: Section 25209.12, Health and Safety Code. Reference: Sections 25209.12(a), 25209.12(b), 25209.12(c), 25209.12(d), 25209.12(e), 25209.12(f), 25209.14(a) and 25209.15(a), Health and Safety Code.

Disclaimer: All information on this page is frequently updated based on official sources. However, Lawrina cannot accept any responsibility for the accuracy of the content for Section 22940 SWRCB - Solar Evaporator Operation Requirements. To check for possible violations, please check the official sources.

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