Section 25403 - Discharges from Hazardous Waste Facilities (California Code of Regulations)

§ 25403. Discharges from Hazardous Waste Facilities

(a) For a discharge or release of a listed chemical from a low-level radioactive waste disposal facility licensed pursuant to section114960 et seq. of the Health and Safety Code, a solid waste "disposal facility" as defined in Public Resources Code Section 40121(1990) or a hazardous waste "disposal site" as defined in Health and Safety Code section 25114, it shall be presumed that the chemical probably will not pass into any source of drinking water for purposes of Section 25249.5 of the Act, provided that the operator of the facility or site can show that the facility or site is subject to and in compliance with requirements of state or federal statutes, regulations, permits and orders adopted to avoid contamination of surface or groundwater.

(b) The presumption in subsection (a) may be rebutted by any admissible evidence, including, but not limited to, that compliance with the same or substantially the same requirements of state or federal statutes, regulations, permits and orders adopted to avoid contamination of surface or groundwater has failed to prevent surface or groundwater contamination at similar facilities or sites under similar circumstances.

(1. New section filed 10-21-88 as an emergency; operative 10-27-88 (Register 88, No. 44). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-24-89. 2. New section refiled 2-21-89 as an emergency; operative 2-24-89 (Register 89, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-26-89. 3. New section, with amendment of subsection (a) adding certain low-level radioactive waste disposal facilities, refiled 6-5-89 as an emergency; operative 6-26-89 (Register 89, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-24-89. 4. Certificate of Compliance as to 6-5-89 order transmitted to OAL 10-23-89 and filed 11-22-89 (Register 89, No. 48). 5. Amendment of subsection (a) filed 1-7-2003; operative 2-6-2003 (Register 2003, No. 2). 6. Change without regulatory effect renumbering title 22, section 12403 to title 27, section 25403 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25). 7. Change without regulatory effect amending subsection (a) filed 9-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 37).)

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

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