Section 25401 - Discharge of Water Containing a Listed Chemical at Time of Receipt (California Code of Regulations)

§ 25401. Discharge of Water Containing a Listed Chemical at Time of Receipt

(a) Whenever a person otherwise responsible for the discharge or release receives water containing a listed chemical from:

(1) a public water system, as defined in Section 116275 of the Health and Safety Code (1997);

(2) a commercial supplier of drinking water; or

(3) a source of drinking water in compliance with all primary drinking water standards and the chemical is the result of treatment of the water in order to achieve such compliance; the person does not "discharge" or "release" within the meaning of the Act to the extent that the person can show that the listed chemical was contained in the water received. "Discharge or release" shall apply only to that amount of the listed chemical derived from sources other than the drinking water.

(b) Whenever a person otherwise responsible for the discharge or release receives water containing a listed chemical from a source other than a source specified in subsection (a) the person does not "discharge" or "release" within the meaning of the Act to the extent that the person can show that the listed chemical was contained in the water received, and "discharge or release" shall apply only to that amount of the listed chemical derived from sources other than the water, provided that:

(1) The water is returned to the same source of water supply, or

(2) The water meets all primary drinking water standards for the listed chemical or, where there is no primary drinking water standard established for the listed chemical, the water shall not contain a significant amount of the chemical.

(c) Stormwater runoff from a place of doing business containing a listed chemical, the presence of which is not the direct and immediate result of the business activities conducted at the place from which the runoff flows, is not a "discharge" or "release" within the meaning of the Act. For purposes of this subsection, "business activities" does not include parking lots.

(d) The movement of naturally occurring chemicals as the result of the application, unavoidable runoff, or percolation of agricultural irrigation water is not a "discharge" or "release" within the meaning of Section 25249.5 of the Act. For purposes of this subsection, "naturally occurring chemicals" means chemicals present in the soil solely as a result of natural geologic processes.

(1. New section filed 10-17-88 as an emergency; operative 10-17-88 (Register 88, No. 44). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-14-89. 2. Certificate of Compliance filed 11-15-88 (Register 89, No. 30). 3. Amendment of filed 1-7-2003; operative 2-6-2003 (Register 2003, No. 2). 4. Change without regulatory effect renumbering title 22, division 2, subdivision 1, chapter 3, article 4 (sections 12401-12405) to title 27, division 4, chapter 1, article 4 (sections 25401-25405) and renumbering title 22, section 12401 to title 27, section 25401 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).)

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.5 and 25249.11, Health and Safety Code.

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