2010 California Code
Health and Safety Code
Article 9.5. Surface Impoundments

25208.  This article shall be known and may be cited as the Toxic
Pits Cleanup Act of 1984.



25208.1.  The Legislature finds and declares as follows:
   (a) Discharges of liquid hazardous wastes or hazardous wastes
containing free liquids into lined or unlined ponds, pits, and
lagoons pose a serious threat to the quality of the waters of the
state.
   (b) Recent reports indicate that hazardous waste contamination
from surface impoundments is migrating to domestic drinking water
supplies and threatening the continued beneficial uses of the state's
ground and surface waters, air, and environment.
   (c) Under the federal Resource Conservation and Recovery Act of
1976 (42 U.S.C. Sec. 6901 et seq.), and under state regulations, the
storage of hazardous wastes in existing ponds has not been required
to meet the same requirements as new impoundments, such as double
liners, leachate collection, and leak detection.
   (d) Recent studies have found that synthetic liners, clay liners,
and combinations, including clay and synthetic liners, impede, but do
not eliminate, leachate from surface impoundments migrating into the
surrounding environment.
   (e) It is in the public interest to establish a continuing program
for the purpose of preventing contamination from, and improper
storage, treatment, and disposal of, liquid hazardous wastes or
hazardous wastes containing free liquids in surface impoundments. It
is the intent of the Legislature, in enacting this article, to
establish a program that will ensure that existing surface
impoundments are either made safe or are closed, so that they do not
contaminate the air or waters of the state, and so that the health,
property, and resources of the people of the state are protected.



25208.2.  For purposes of this article, the following definitions
apply:
   (a) "Active life of the facility" means that period of time when
the facility has the potential to adversely affect the waters of the
state, but if the owner enters into an agreement with the board to
properly close the impoundment on a specified date, the active life
of the facility means that period of time up to that specified date.
   (b) "Background water quality" means the level of concentration of
indicator parameters in groundwater that is not, or has not been,
affected by any hazardous waste, hazardous waste constituent, or
hazardous waste leachate emanating from a particular waste management
unit.
   (c) "Board" or "state board" means the State Water Resources
Control Board.
   (d) "Close the impoundment" means the permanent termination of all
hazardous waste discharge operations at a waste management unit and
any operations necessary to prepare that waste management unit for
postclosure maintenance that are conducted pursuant to the federal
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901
et seq.), and the regulations adopted by the state board and the
department concerning the closure of surface impoundments.
   (e) "Constituent" means an element, chemical compound, or mixture
of compounds that is a component of a hazardous waste or leachate and
has the physical or chemical properties that cause the waste to be
identified as hazardous waste by the department.
   (f) "Discharge" means to place, dispose of, or store liquid
hazardous wastes or hazardous wastes containing free liquids into or
in a surface impoundment owned or operated by the person who is
conducting the placing, disposal, or storage.
   (g) "Emergency containment dike" means a berm that is located
around a tank solely for the purpose of containing any emergency
spills from the tank and does not contain any liquid hazardous waste
or hazardous wastes containing free liquids for longer than 48 hours.
   (h) "Facility" means the structures, appurtenances, and
improvements on the land, and all contiguous land, that are used for
treating, storing, or disposing of hazardous waste. A facility may
consist of several waste management units.
   (i) "Free liquids" means liquids that readily separate from the
solid portion of a hazardous waste under ambient temperature and
pressure.
   (j) "Groundwater" means water below the land surface in a zone of
saturation.
   (k) "Hazardous waste" means a waste that is a hazardous waste, as
specified in this chapter.
   (l) "Indicator parameters" means the measureable physical or
chemical characteristics in groundwater or soil-pore moisture that
are likely to be affected by hazardous waste disposal operations and
are used, for comparison purposes, to assess the result of hazardous
waste disposal operations at a particular waste management unit on
the waters of the state.
   (m) "Landfill" means a facility or part of a facility where
hazardous waste is placed in or on land for disposal and that is not
a land farm, surface impoundment, or an injection well.
   (n) "Leachate" means any fluid, including any constituents in the
liquid, that has percolated through, migrated from, or drained from,
a hazardous waste management unit.
   (o) "Owner" means a person who owns a facility or part of a
facility.
   (p) "Perched water" means a localized body of groundwater that
overlies, and is hydraulically separated from, an underlying body of
groundwater.
   (q) "pH" means a measure of a sample's acidity expressed as a
negative logarithm of the hydrogen ion concentration.
   (r) "Pile" means any noncontainerized accumulation of solid,
nonflowing hazardous waste that is used for the purpose of treatment
or storage.
   (s) "Pollution" has the same meaning as defined in Section 13050
of the Water Code.
   (t) "Potential source of drinking water" means either water that
is identified or designated in a water quality control plan adopted
by a regional board as being suitable for domestic or municipal uses
and is potable, or water that is located in water-bearing strata, is
an underground source of drinking water, as defined in Section 146.3
of Title 40 of the Code of Federal Regulations, and does not meet the
criteria for an exempted aquifer, pursuant to Section 146.4 of Title
40 of the Code of Federal Regulations.
   (u) "Qualified person" means a person who has at least five years
of full-time experience in hydrogeology and who is a certified
engineering geologist certified pursuant to Section 7842 of the
Business and Professions Code, a professional geologist registered
pursuant to Section 7850 of the Business and Professions Code, or a
registered civil engineer registered pursuant to Section 6762 of the
Business and Professions Code. "Full-time experience" in hydrogeology
may include a combination of postgraduate studies in hydrogeology
and work experience, with each year of postgraduate work counted as
one year of full-time work experience, except that not more than
three years of postgraduate studies may be counted as full-time
experience.
   (v) "Regional board" means the California regional water quality
control board for the region in which the surface impoundment is
located.
   (w) "Report" means the hydrogeological assessment report specified
in Section 25208.8.
   (x) "Surface impoundment" or "impoundment" means a waste
management unit or part of a waste management unit that is a natural
topographic depression, artificial excavation, or diked area formed
primarily of earthen materials, although it may be lined with
artificial materials, that is designed to hold an accumulation of
liquid hazardous wastes or hazardous wastes containing free liquids,
including, but not limited to, holding, storage, settling, or
aeration pits, evaporation ponds, percolation ponds, other ponds, and
lagoons. Surface impoundment does not include a landfill, a land
farm, a pile, an emergency containment dike, a tank, or an injection
well.
   (y) "Tank" means a stationary device, designed to contain an
accumulation of hazardous waste, that is constructed primarily of
nonearthen materials, such as fiberglass, steel, or plastic to
provide structural support, and has been issued a permit pursuant to
Section 25284.
   (z) "Vadose zone" means the zone between the land surface and the
water table.
   (aa) "Waste management unit" means that portion of a facility used
for the discharge of hazardous waste into or onto land, including
all containment and monitoring equipment associated with that portion
of the facility.



25208.3.  (a) The state board shall, by emergency regulation, adopt
a fee schedule that assesses a fee upon any person discharging any
liquid hazardous wastes or hazardous wastes containing free liquids
into a surface impoundment, except as provided in Section 25208.17.
The state board shall include in this fee schedule the fees charged
for applications for, and renewals of, an exemption from Section
25208.5, as specified in subdivision (h) of Section 25208.5, from
subdivision (a) of Section 25208.4, as specified in subdivision (b)
of Section 25208.4, from subdivision (c) of Section 25208.4, as
specified in Section 25208.16, and from Sections 25208.4 and 25208.5,
as specified in subdivision (e) of Section 25208.13. The state board
shall also include provisions in the fee schedule for assessing a
penalty pursuant to subdivision (c). The state board shall set these
fees at an amount equal to the state board's and regional board's
reasonable and anticipated costs of administering this article.
   (b) The emergency regulations that set the fee schedule shall be
adopted by the state board in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any emergency
regulations adopted by the state board pursuant to this section shall
be filed with, but not be repealed by, the Office of Administrative
Law and shall remain in effect until revised by the state board.
   (c) The state board shall send a notice to each person subject to
the fee specified in subdivision (a). If a person fails to pay the
fee within 60 days after receipt of this notice, the state board
shall require the person to pay an additional penalty fee. The state
board shall set the penalty fee at not more than 100 percent of the
assessed fee, but in an amount sufficient to deter future
noncompliance, as based upon that person's past history of compliance
and ability to pay, and upon additional expenses incurred by this
noncompliance.
   (d) The state board shall collect and deposit the fees collected
pursuant to this article in the Surface Impoundment Assessment
Account, which is hereby created in the General Fund. The money
within the Surface Impoundment Assessment Account is available, upon
appropriation by the Legislature, to the state board and the regional
boards for purposes of administering this article and Article 9.7
(commencing with Section 25209.10).



25208.4.  (a) Notwithstanding any other provision of law, unless the
person was granted an exemption pursuant to subdivision (b) on or
before December 31, 1987, pursuant to Section 25208.4, as it read on
December 31, 1988, or pursuant to Section 25208.13 or 25208.18, a
person shall not discharge liquid hazardous wastes or hazardous
wastes containing free liquids into a surface impoundment, if the
surface impoundment, or the land immediately beneath it, contains
hazardous wastes and is within one-half mile upgradient from a
potential source of drinking water.
   A person who owns a surface impoundment which meets the conditions
specified in this subdivision shall close the impoundment.
   (b) A person may apply to a regional board to exempt a surface
impoundment from subdivision (a) pursuant to this subdivision. A
person shall submit the application for exemption to the regional
board on or before January 1, 1986.
   (1) A regional board shall either grant or deny an exemption from
subdivision (a) on or before December 31, 1987. A regional board may
grant an exemption from subdivision (a) only if the regional board
makes both of the following findings:
   (A) No extremely hazardous wastes are currently being discharged
into the surface impoundment, and either one of the following
applies:
   (i) The records of the person applying for an exemption indicate
that no extremely hazardous wastes have been discharged into the
surface impoundment.
   (ii) Extremely hazardous wastes are not present in the surface
impoundment, in the vadose zone, or in the waters of the state.
   (B) The surface impoundment is in compliance with Section 25208.5,
and a report has been filed pursuant to Section 25208.8.
   (2) An exemption granted pursuant to this subdivision shall not be
effective for more than five years. Applications for an exemption or
a renewal of an exemption shall be accompanied by the fee specified
in the fee schedule adopted by the state board pursuant to Section
25208.3. A regional board shall not renew the exemption unless the
regional board makes both of the following findings:
   (A) No hazardous waste constituents have migrated from the surface
impoundment into the vadose zone or the waters of the state in
concentrations which pollute the vadose zone, or pollute, or threaten
to pollute, the waters of the state.
   (B) Continuing the operation of the surface impoundment does not
pose a significant potential of hazardous waste constituents
migrating from the surface impoundment into the vadose zone or the
waters of the state, thus polluting the vadose zone, or polluting, or
threatening to pollute, these waters.
   (3) Except as provided in paragraph (4), the regional board shall
revoke an exemption granted pursuant to this subdivision and require
the person granted the exemption to comply with subdivision (a) if
the regional board determines that the surface impoundment granted
the exemption is polluting, or threatening to pollute, the waters of
the state or that hazardous waste constituents are migrating from the
surface impoundment into the vadose zone or the waters of the state
in concentrations which pollute or threaten to pollute these waters.
The regional board shall also issue a cease and desist order pursuant
to Section 13301 of the Water Code and require appropriate removal
and remedial actions by the person granted the exemption, or the
responsible parties, to clean up any pollution which may have
occurred.
   (4) Notwithstanding paragraph (3), a regional board may continue
in effect an exemption granted pursuant to this subdivision if the
regional board orders the person to double line the surface
impoundment, equip the surface impoundment with a leachate collection
system, and conduct groundwater monitoring, as specified in
subdivision (a) of Section 25208.5, within one year after granting
this continuance, and if the regional board makes all of the
following findings:
   (A) The surface impoundment granted the exemption has hazardous
waste constituents, in concentrations which threaten to pollute the
waters of the state, which are migrating from the surface impoundment
into the vadose zone, but no hazardous waste constituents have
migrated into the waters of the state.
   (B) Installing double liners and a leachate collection system and
conducting groundwater monitoring, as specified in subdivision (a) of
Section 25208.5, will abate the threat to the waters of the state
before any hazardous waste constituents migrate to the waters.
   (C) All removal and remedial actions necessary to abate the threat
specified in subparagraph (A) can be completed prior to the
migration of any hazardous waste constituents into the waters of the
state.
   (5) Notwithstanding paragraph (4), the regional board shall revoke
the exemption continued pursuant to paragraph (4) and shall require
the person granted this continuance to comply with subdivision (a) if
the regional board determines either of the following:
   (A) The surface impoundment is polluting the waters of the state
or that hazardous waste constituents are migrating from the surface
impoundment into the vadose zone or the waters of the state in
concentrations which pollute, or threaten to pollute, these waters.
   (B) The person does not comply with the board's order or conduct
the necessary removal or remedial actions, as required by paragraph
(4).
   The regional board shall also issue a cease and desist order
pursuant to Section 13301 of the Water Code and require appropriate
removal and remedial actions by the person granted the exemption, or
the responsible parties, to clean up any pollution which may have
occurred, upon making either of these determinations.
   (c) Notwithstanding any other provision of law, a person shall not
discharge any restricted hazardous waste into a surface impoundment,
unless the person is granted an exemption pursuant to Section
25208.13 or 25208.16.
   (d) This section shall become operative on January 1, 1989.




25208.5.  (a) Unless granted an exemption pursuant to subdivision
(c) or Section 25208.13 or 25208.18, on or after January 1, 1989, no
person shall discharge any liquid hazardous waste or hazardous wastes
containing free liquids into a surface impoundment, unless the
surface impoundment is double lined, as specified in subdivision (b),
equipped with a leachate collection system, and groundwater
monitoring is conducted, in accordance with the federal Resource
Conservation and Recovery Act of 1976, the regulations and guidance
documents adopted pursuant thereto, and the regulations adopted by
the state board and the department.
   (b) Until the regulations and guidance documents specified in
subdivision (a) relating to double liners for surface impoundments go
into effect, the requirement of installing double liners in
subdivision (a) may be satisfied by installing a top liner which is
designed, operated, and constructed of materials to prevent the
migration of any constituents into the top liner during the period
the facility remains in operation, including any postclosure
monitoring period, and by installing a lower liner which is designed,
operated, and constructed to prevent the migration of any
constituents through the lower liner during the same period, and is
constructed of at least a three-foot thick layer of recompacted clay
or other natural materials which have a permeability of not more than
1 x 10 -7 centimeter per second.
   (c) A person may apply for an exemption from subdivision (a) for a
surface impoundment for which construction had begun on or before
July 1, 1984, and which was issued waste discharge requirements by
filing an application with the regional board on or before January 1,
1986. The initial application for exemption shall include a
completed hydrogeological assessment report which contains the
accurate data and documentation specified in Section 25208.8. An
application for renewal of an exemption shall include the report only
if required by the regional board. If the regional board has not
granted the exemption by June 30, 1988, the person shall then comply
with the requirements specified in subdivision (a), except that if
the regional board denies the application for exemption but
determines that a reasonable person would have applied for an
exemption, the regional board may temporarily exempt the applicant
from subdivision (a), for up to one year from the date of the denial
of the exemption, for the sole purpose of bringing the surface
impoundment into compliance with subdivision (a).
   (d) The regional board may grant an exemption upon reviewing the
application and making all of the following findings:
   (1) The applicant has fully complied with subdivision (c).
   (2) No hazardous waste constituents have migrated from the surface
impoundment into the vadose zone or the waters of the state in
concentrations which pollute or threaten to pollute the waters of the
state.
   (3) Continuing the operation of the surface impoundment without
the requirements specified in subdivision (a) does not pose a
significant potential of hazardous waste constituents migrating from
the surface impoundments into the vadose zone or the waters of the
state, in concentrations which pollute or threaten to pollute the
waters of the state.
   (e) If the regional board grants an exemption pursuant to
subdivision (d), the regional board shall revise the waste discharge
requirements prescribed pursuant to Section 13263 of the Water Code
for that surface impoundment based upon a review of the report and
shall include conditions in the waste discharge requirements to
ensure that the waters of the state will not be threatened with
pollution or polluted.
   (f) An exemption granted pursuant to subdivision (d) or (g) shall
not be effective for more than five years. A regional board shall not
renew the exemption unless the regional board makes the findings
specified in subdivision (d).
   (g) If a regional board does not take any action by June 30, 1988,
on a completed application for an exemption that was filed on or
before January 1, 1986, the person who filed the application may file
a request with the state board on or before July 31, 1988, to review
the application. The state board shall deny or grant the exemption
pursuant to the findings specified in subdivision (d) within four
months after the request for review is filed, and, if the board
grants the exemption, the state board shall revise the waste
discharge requirements pursuant to subdivision (e). An exemption
granted pursuant to this subdivision is subject to the requirements
specified in subdivision (f). The state board shall act on an
application for exemption on or before November 30, 1988. A person
who files a request for a review of an application with the state
board is exempt from subdivision (a) until the state board acts on
the application, and, if the state board denies the exemption, the
applicant is exempt from subdivision (a) for one year from the date
of the denial of the exemption for the sole purpose of bringing the
surface impoundment into compliance with subdivision (a).
   (h) Applications for an exemption or a renewal of an exemption
shall be accompanied by the fee specified in the fee schedule adopted
by the state board pursuant to Section 25208.3.



25208.6.  When a regional board determines that a surface
impoundment is polluting, or threatens to pollute, the waters of the
state or that hazardous waste constituents are migrating from that
surface impoundment into the vadose zone or the waters of the state,
in concentrations which pollute the vadose zone, or pollute, or
threaten to pollute, the waters of the state, the regional board
shall either order the surface impoundment to close, if the regional
board determines that requiring the installation of double liners and
a leachate collection system and the conducting of groundwater
monitoring, as specified in subdivision (a) of Section 25208.5, does
not provide reasonable assurance of protection against future
migration into the vadose zone or the waters of the state, or take
both of the following actions:
   (a) Issue a cease and desist order pursuant to Section 13301 of
the Water Code prohibiting any discharge into the surface impoundment
and require appropriate removal and remedial actions by the person
or other responsible parties to clean up any pollution which may have
occurred.
   (b) Require the surface impoundment to comply with subdivision (a)
of Section 25208.5. The regional board shall not grant an exemption
for such a surface impoundment pursuant to subdivision (c) of Section
25208.5.


25208.7.  (a) The regional board shall make at least one inspection
per year of all facilities with surface impoundments, and shall
regularly review monitoring data, as necessary, to ensure that all
surface impoundments comply with this article and that any equipment
or programs required pursuant to this article are operating properly.
   (b) Except as provided in subdivisions (c) and (d), each regional
board shall establish a schedule and a notification system requiring
the submission of reports to the regional board on or before January
1, 1988, by every person discharging liquid hazardous wastes or
hazardous wastes containing free liquids into a surface impoundment
located within the jurisdiction of the regional board. Any person
discharging liquid hazardous wastes or hazardous wastes containing
free liquids into a surface impoundment who receives this notice from
the regional board shall submit a report to the regional board
within the time specified in the notice, except that if the person
has filed a report with an application for exemption, pursuant to
subdivision (c) of Section 25208.5, the regional board shall not
require the person to file a report.
   (c) The regional board may require that the report specified in
Section 25208.8 be filed by a person who has conducted a site
assessment pursuant to subdivision (a) of Section 25208.17 only after
the regional board makes the determination specified in subdivision
(g) of Section 25208.17.
   (d) The regional board may exempt a person from submitting a
report specified in Section 25208.8 if the person has ceased
discharging into the surface impoundment, the person closed the
surface impoundment on or before December 31, 1985, with the approval
of the regional board and the department, and the board makes both
of the following findings:
   (1) The report is not required to determine the extent to which
the hazardous waste constituents have migrated from the surface
impoundment.
   (2) No hazardous waste constituents are present in the vadose zone
or the waters of the state beneath the surface impoundment in
concentrations which pollute the vadose zone or threaten to pollute
or pollute the waters of the state.



25208.8.  A person who receives a notice from a regional board
pursuant to Section 25208.7 or who files an application for an
exemption pursuant to Section 25208.5 or 25208.13, shall submit a
hydrogeological assessment report to the regional board. A qualified
person shall be responsible for the preparation of the report and
shall certify its completeness and accuracy. The report shall
contain, for each surface impoundment, any information required by
the state board or the regional board, and all of the following
information:
   (a) A description of the surface impoundment, including its
physical characteristics, its age, the presence or absence of a
liner, a description of the liner, the liner's compatibility with the
hazardous wastes discharged to the impoundment, and the design
specifications of the impoundment.
   (b) A description of the volume and concentration of hazardous
waste constituents placed in the surface impoundment, based on a
representative chemical analysis of the specific hazardous waste type
and accounting for variance in hazardous waste constituents over
time.
   (c) A map showing the distances, within the facility, to the
nearest surface water bodies and springs, and the distances, within
one mile from the facility's perimeter, to the nearest surface water
bodies and springs.
   (d) Tabular data for each surface water body and spring shown on
the map specified in subdivision (c) that indicate its flow and a
representative water analysis. The report shall include an evaluation
and characterization of seasonal changes and, if substantive changes
result from season to season, the tabular data shall reflect these
seasonal changes.
   (e) A map showing the location of all wells within the facility
and the locations of all wells within one mile of the facility's
perimeter. The report shall include, for each well, a description of
the present use of the well, a representative water analysis from the
well, and, when possible, the water well driller's report or well
log.
   (f) An analysis of the vertical and lateral extent of the perched
water and water-bearing strata that could be affected by leachate
from the surface impoundment, and the confining beds under and
adjacent to the surface impoundment. This analysis shall include all
of the following:
   (1) Maps showing contours of equal elevation of the water surface
for perched water, unconfined water, and confined groundwater
required to be analyzed by this subdivision.
   (2) An estimate of the groundwater flow, direction of the perched
water, and all water-bearing strata on both the maps and the
subsurface geologic cross sections.
   (3) An estimate of the transmissivity, permeability, and storage
coefficient for each perched zone of water and water-bearing strata
identified on the maps specified in paragraph (1).
   (4) A determination of the rate of groundwater flow.
   (5) A determination of the water quality of each zone of the
water-bearing strata and perched water that is identified on the maps
specified in paragraph (1) and is under, or adjacent to, the
facility. This determination shall be conducted by taking samples
either from upgradient of the surface impoundment or from another
location that has not been affected by leakage from the surface
impoundment.
   (g) An indication as to whether the groundwater is contiguous with
regional bodies of groundwater and the depth measured to the
groundwater, including the depth measured to perched water and
water-bearing strata identified on the maps specified in paragraph
(1) of subdivision (f).
   (h) The following climatological information:
   (1) A map showing the contours for the mean annual long-term
precipitation for the surrounding region within 10 miles of the
surface impoundment.
   (2) Calculations estimating the maximum 24-hour precipitation and
maximum and minimum annual precipitation at the facility based upon
direct measurement at the facility or upon measured values of
precipitation from a nearby climatologically similar station.
   (3) The projected volume and pattern of runoff for any streams
that, in a 100-year interval, could affect the facility, including
peak stream discharges associated with storm conditions.
   (i) A description of the composition of the vadose zone beneath
the surface impoundment. This description shall include a chemical
and hydrogeological characterization of both the consolidated and
unconsolidated rock material underlying the surface impoundment, and
an analysis for pollutants, including those constituents discharged
into the surface impoundment. This description shall also include
soil moisture readings from a representative number of points around
the surface impoundment's perimeter and at the maximum depth of the
surface impoundment. If the regional board determines that the use of
suction type soil sampling devices is infeasible due to climate,
soil hydraulics, or soil texture, the regional board may authorize
the use of alternative devices. The report shall arrange all
monitoring data in a tabular form so that the data, the constituents,
and the concentrations are readily discernible.
   (j) A measurement of the chemical characteristics of the soil made
by collecting a soil sample upgradient from the impoundment or from
an area that has not been affected by seepage from the surface
impoundment and is in a hydrogeologic environment similar to the
surface impoundment. The measurement shall be analyzed for the same
pollutants analyzed pursuant to subdivision (i).
   (k) A description of the existing monitoring being conducted to
detect leachate, including vadose zone monitoring, the number and
positioning of the monitoring wells, the monitoring wells' distances
from the surface impoundment, the monitoring wells' design data, the
monitoring wells' installation, the monitoring development
procedures, the sampling methodology, the sampling frequency, the
chemical constituents analyzed, and the analytical methodology. The
design data of the monitoring wells shall include the monitoring
wells' depth, the monitoring wells' diameters, the monitoring wells'
casing materials, the perforated intervals within the well, the size
of the perforations, the gradation of the filter pack, and the extent
of the wells' annular seals.
   (l) Documentation demonstrating that the monitoring system and
methods used at the facility can detect any seepage before the
hazardous waste constituents enter the waters of the state. This
documentation shall include, but is not limited to, substantiation of
each of the following:
   (1) The monitor wells are located close enough to the surface
impoundment to identify lateral and vertical migration of any
constituents discharged to the impoundment.
   (2) The monitoring wells are not located within the influence of
any adjacent pumping wells that might impair their effectiveness.
   (3) The monitor wells are only screened in the aquifer to be
monitored.
   (4) The chosen casing material does not interfere with, or react
to, the potential contaminants of major concern at the facility.
   (5) The casing diameter allows an adequate amount of water to be
removed during sampling and allows full development of the monitor
well.
   (6) The annular seal prevents pollutants from migrating down the
monitor well.
   (7) The methods of water sample collection require that the sample
is collected after at least five well volumes have been removed from
the well and that the samples are transported and handled in
accordance with the United States Geological Survey's "National
Handbook of Recommended Methods for Water-Data Acquisition," which
provides guidelines for collection and analysis of groundwater
samples for selected unstable constituents. If the wells are
low-yield wells, in that the wells are incapable of yielding three
well volumes during a 24-hour period, the methods of water sample
collection shall ensure that a representative sample is obtained from
the well.
   (8) The hazardous waste constituents selected for analysis are
specific to the facility, taking into account the chemical
composition of hazardous wastes previously placed in the surface
impoundment. The monitoring data shall be arranged in tabular form so
that the date, the constituents, and the concentrations are readily
discernible.
   (9) The frequency of monitoring is sufficient to give timely
warning of leachate so that remedial action can be taken prior to any
adverse changes in the quality of the groundwater.
   (10) A written statement from the qualified person preparing the
report indicating whether any constituents have migrated into the
vadose zone, surface water bodies, perched water, or water-bearing
strata.
   (11) A written statement from the qualified person preparing the
report indicating whether any migration of leachate into the vadose
zone, surface water bodies, perched water, or water-bearing strata is
likely or not likely to occur within five years, and any evidence
supporting that statement.


25208.9.  (a) Notwithstanding Section 25189, any person who is
required to file a hydrogeological assessment report with a regional
board pursuant to Section 25208.7, and who fails to do so, shall be
liable civilly in a sum of not less than one thousand dollars
($1,000) and not more than ten thousand dollars ($10,000) for each
day the report has not been received.
   (b) Notwithstanding Section 25189, any person who submits false
information to the regional board shall be liable civilly in a sum of
not less than two thousand dollars ($2,000) and not more than
twenty-five thousand dollars ($25,000) for each day the false
information goes uncorrected.
   (c) In determining the amount of civil liability imposed pursuant
to this section, the court shall consider all relevant circumstances,
including, but not limited to, the extent of harm or potential harm
caused by the violation, the nature of the violation and the period
of time over which it occurred, the frequency of past violations, and
the corrective action, if any, taken by the person.
   (d) A regional board shall submit any report that contains false
information to the State Board for Geologists and Geophysicists for
the purpose of disciplinary action pursuant to Section 7860 of the
Business and Professions Code or to the Board for Professional
Engineers and Land Surveyors for the purpose of taking disciplinary
action pursuant to Section 6775 of the Business and Professions Code,
as appropriate.



25208.10.  For purposes of performing the functions and duties
provided for in this article, and because of the urgency in
protecting the public, the state board and regional boards may,
during the 1984-85 fiscal year, contract for temporary services
necessary to implement this article.



25208.11.  This article shall not be construed to limit or abridge
the powers and duties granted to the department pursuant to this
chapter or pursuant to Chapter 6.8 (commencing with Section 25300) or
to the state board or any regional board pursuant to Division 7
(commencing with Section 13000) of the Water Code.



25208.12.  Article 2 (commencing with Section 13320) of, Article 3
(commencing with Section 13330) of, and Article 4 (commencing with
Section 13340) of, Chapter 5 of Division 7 of the Water Code applies
to any action of, or failure to act by, a regional board pursuant to
this article.


25208.13.  (a) If the regional board determines that certain mining
wastes have properties so that the wastes do not pollute or threaten
to pollute the waters of the state when discharged into a surface
impoundment which is in compliance with all applicable regulations
adopted by the state board pursuant to Division 7 (commencing with
Section 13000) of the Water Code, the regional board may exempt a
surface impoundment into which these mining wastes are discharged
from Sections 25208.4 and 25208.5, pursuant to subdivision (b).
   (b) A person may apply to a regional board authorized pursuant to
subdivision (a) for an exemption from Section 25208.4 or 25208.5, or
from both sections, for a surface impoundment, into which mining
wastes are discharged by filing an application with the regional
board. If the surface impoundment was constructed before January 1,
1984, the person shall file the application with a regional board by
January 1, 1986. Except as provided in subdivision (c), the initial
application for exemption shall include a completed hydrogeological
assessment report which contains the accurate data and documentation
specified in Section 25208.8. A regional board may grant the
applicant an exemption from Section 25208.4 or 25208.5, or both, if
the regional board makes both of the following findings:
   (1) The applicant for the exemption has fully complied with all
the applicable regulations adopted by the state board for mining
waste.
   (2) The surface impoundment does not pollute or threaten to
pollute the waters of the state.
   (c) If the regional board grants an exemption pursuant to
subdivision (b), the regional board shall revise the waste discharge
requirements prescribed pursuant to Section 13263 of the Water Code
for that surface impoundment based upon a review of the report and
shall include conditions in the waste discharge requirement to ensure
that the waters of the state will not be polluted or threatened with
pollution. Except as hereafter provided, if the regional board does
not grant the exemption within two years of the date of application,
the applicant shall comply with the requirements specified in either
Section 25208.4 or 25208.5, or with both sections, whichever is
applicable, within three years from the initial date of application.
If the applicant submitted the hydrogeologic assessment report on or
before January 1, 1986, and the regional board determines that the
report submitted contains insufficient information to allow the
regional board to complete a reasoned evaluation and the applicant
did not receive notice in writing of the deficiencies on or before
January 1, 1988, the applicant may be granted up to a maximum of one
year from the date of written notification of the deficiencies for
the sole purpose of providing the information necessary to correct
the deficiencies. Upon receipt of the additional information, the
regional board shall complete the evaluation and may grant an
exemption in accordance with this section within 60 days. If the
regional board denies the exemption, the applicant shall comply with
the requirements specified in either Section 25208.4 or 25208.5, or
with both sections, whichever is applicable, within one year of the
date of denial.
   (d) An exemption granted pursuant to subdivision (b) shall not be
effective for more than five years. A regional board shall not renew
the exemption unless the regional board makes the findings specified
in subdivision (b).
   (e) Applications for an exemption or renewal of an exemption shall
be accompanied by the fee specified in the fee schedule adopted by
the state board pursuant to Section 25208.3.
   (f) If a regional board determines that a surface impoundment
granted an exemption pursuant to subdivision (b) is polluting the
waters of the state, the regional board shall take all of the actions
specified in Section 25208.6.



25208.14.  Not later than January 1, 1987, the state board shall
provide the Legislature with a report containing information
regarding the number of applications for exemption which are filed
pursuant to Sections 25208.4 and 25208.5. The state board shall
include in this report a preliminary workplan detailing plans for
implementation of this article.
   The time limits set forth in this article are predicated upon the
assumption that there will be not more than 300 applications filed
pursuant to subdivision (b) of Section 25208.4 and subdivision (c) of
Section 25208.5. The time limits set forth in this article assume
that there are, on the average, three surface impoundments per
facility.
   It is the intent of the Legislature that if it determines that
there are more than 300 applications filed with regional boards with
on the average, more than three surface impoundments for each
facility, the Legislature will adjust the time limits specified in
Sections 25208.4 and 25208.5.
   The Legislature hereby recognizes that if there are more than 300
applications filed by January 1, 1986, with the regional boards, the
time limits should be adjusted to ensure a thorough analysis of each
application.



25208.15.  (a) Notwithstanding any other provision of this article,
an in-ground sump, used by a pest control operator licensed under
Section 11705 of the Food and Agricultural Code, or used by a local
or state agency, which meets all of the specifications listed in
subdivision (b) and complies with subdivision (c), is exempt from the
requirements of subdivision (a) of Section 25208.4, Section 25208.5,
and Section 25208.8 if, prior to installation, the plan for the
in-ground system is submitted to the regional board and the regional
board determines that the system complies with this section.
   (b) For purposes of this article, an "in-ground sump" shall have
the following specifications:
   (1) It consists of two containment units. The primary container is
constructed primarily of nonearthen materials, including, but not
limited to, stainless steel or plastic, and is designed to prevent
the migration of any constituents into the secondary container. The
secondary container is constructed of impermeable materials and is
designed to prevent the migration of any hazardous waste constituents
into the ground surrounding the secondary container. The secondary
container shall also be designed to prevent the intrusion of
groundwater, rainwater, or any other surface runoff into the space
beneath the primary container.
   (2) It is designed to allow visual inspection of the space
underlying the primary container each operating day.
   (3) The dimensions of the in-ground sump do not exceed six feet in
depth, nor 75 square feet of surface area for each hazardous waste
containment system.
   (4) The in-ground sump is used for pest control operations.
   (c) In order to qualify for the exemption, an in-ground sump shall
be pumped empty of free liquid at least twice each operating day and
these free liquids shall not be returned to the sump. The sump shall
be visually inspected at least once each operating day. A record of
all visual inspections shall be maintained by the pest control
operator or local or state agency and shall be audited by the
regional board at least annually.
   (d) If at any time the regional board determines that the primary
container of an in-ground sump is leaking, the regional board shall
immediately order the discharge to cease and shall either order
installation of a new primary container as provided in paragraph (1)
of subdivision (b) or revoke the exemption authorized by this
section. Nothing in this section shall be construed to limit the
regional board's authority to take any action necessary to determine
whether an in-ground sump poses any threat to the waters of the
state.


25208.16.  (a) A person may apply to the regional board for an
exemption from subdivision (c) of Section 25208.4 for a surface
impoundment into which restricted hazardous wastes that do not
contain cyanide wastes or polychlorinated biphenyls (PCBs) in
concentrations specified in paragraphs (1) and (4) of subdivision (a)
of Section 25122.7 are discharged for the purpose of onsite
temporary storage and treatment by filing an application with the
regional board. If the surface impoundment was constructed before
January 1, 1984, the person shall file the application with a
regional board by March 1, 1986. The initial application for
exemption shall include a completed hydrogeological assessment report
that contains the accurate data and documentation specified in
Section 25208.8. A regional board may grant the applicant an
exemption from subdivision (c) of Section 25208.4 if the regional
board makes all of the following findings:
   (1) No extremely hazardous wastes are currently being discharged
into the surface impoundment, and either one of the following
applies:
   (A) The records of the person applying for the exemption indicate
that no extremely hazardous wastes have been discharged into the
surface impoundment.
   (B) Extremely hazardous wastes are not present in the surface
impoundment, in the vadose zone, or in the waters of the state.
   (2) The surface impoundment is used for the purpose of temporary
storage and noncontinuous batch treatment, all hazardous wastes are
removed after each batch treatment within 30 days from the date of
discharge into the impoundment, and the surface impoundment is
visually inspected prior to each use, tested for integrity at least
annually, and is in compliance with subdivision (a) of Section
25208.7. A report of this test shall be filed with the regional
board.
   (3) The surface impoundment is in compliance with Section 25208.5
and a report has been filed pursuant to Section 25208.8.
   (b) For purposes of this section, "treatment" means any method of
neutralization and precipitation of metals from an acidic solution
that changes the physical or chemical characteristics of the
restricted hazardous waste so as to render it less harmful to the
quality of the waters of the state, safer to handle, or easier to
contain or manage.
   (c) An exemption granted pursuant to subdivision (a) shall be
effective for not more than five years. A regional board shall not
renew the exemption unless the regional board makes the findings
specified in subdivision (a).
   (d) Applications for an exemption or renewal of an exemption shall
be accompanied by the fee specified in the fee schedule adopted by
the state board pursuant to Section 25208.3.
   (e) If a regional board determines that a surface impoundment
granted an exemption pursuant to subdivision (a) is polluting, or
threatening to pollute, the waters of the state, the regional board
shall take all of the actions specified in Section 25208.6.
   (f) The exemption authorized by this section shall be available
only for surface impoundments used for the temporary storage and
treatment of boiler cleaning wastes at fossil-fueled powerplants
owned or operated by a public utility subject to the jurisdiction of
the Public Utilities Commission used to generate electricity for sale
to the public, except that a public utility that has secured an
exemption under this section may transfer that exemption to a
subsequent owner of the fossil-fueled powerplant, regardless of
whether the subsequent owner is a public utility subject to the
jurisdiction of the Public Utilities Commission or sells the
electricity generated to the public, if all of the conditions of
subdivision (i) are met. If the exemption is transferred, all the
requirements of this section shall apply to the subsequent owner. A
subsequent owner may, in turn, transfer the exemption to another
subsequent owner if all the conditions of subdivision (i) are met at
the time of that transfer.
   (g) For purposes of this section, any surface impoundment located
within one-half mile up gradient of a potential source of drinking
water shall comply with the requirements for double liners, leachate
collection systems, and groundwater monitoring specified in
subdivision (a) of Section 25208.5, and shall not be granted an
exemption pursuant to subdivision (c) of Section 25208.5.
   (h) For purposes of this section, any surface impoundment not
located within one-half mile up gradient of a potential source of
drinking water shall be equipped with double liners, a leachate
collection system, and groundwater monitoring. The leachate
collection system and groundwater monitoring required by this
subdivision shall be consistent with the requirements specified in
subdivision (a) of Section 25208.5. The requirements for double
liners in this section may be satisfied by double liners made of
synthetic or other materials with a permeability of not more than 1 x
10 -7 centimeters per second. If a substantial breach of the top
liner in any surface impoundment covered by this subdivision is
detected through inspection, testing, or otherwise, the integrity of
the top liner shall be restored prior to the next subsequent use of
the impoundment.
   (i) A subsequent owner of a fossil-fueled powerplant seeking to
obtain a transfer of an exemption granted under this section shall
apply for that exemption transfer to the regional board. The
application may be granted by the regional board only if the regional
board finds that all of the following conditions have been met:
   (1) The subsequent owner, at the time of the transfer, will be in
compliance with all requirements of this section.
   (2) The hydrogeological assessment report, as required by
subdivision (a), is on file.
   (3) The surface impoundment has been inspected and tested for
integrity within the six months prior to the date of the proposed
transfer.
   (4) The subsequent owner has obtained a transfer of the hazardous
waste facilities permit applicable to the surface impoundment and has
demonstrated compliance with the financial assurance and liability
insurance requirements specified in Article 8 (commencing with
Section 66264.140) of Chapter 14 of Division 4.5 of Title 22 of the
California Code of Regulations, or any successor regulation.
   (5) The application for transfer of the exemption is accompanied
by a fee sufficient to cover the costs of processing the application,
as determined by the regional board.



25208.17.  (a) Except as provided in subdivision (g), a person
specified in subdivision (h) is exempt from filing the report
required by Section 25208.7 if the surface impoundment has been
closed, or will be closed before January 1, 1988, in accordance with
Subchapter 15 (commencing with Section 2510) of Chapter 3 of Title 23
of the California Code of Regulations, and it has only been used for
the discharge of economic poisons, as defined in Section 12753 of
the Food and Agricultural Code, and if the person submits an
application for exemption to the regional board on or before February
1, 1987, pursuant to subdivision (b) and an initial hydrogeological
site assessment report to the regional board on or before July 1,
1987. A qualified person shall be responsible for the preparation of
the hydrogeological site assessment report and shall certify its
completeness and accuracy.
   (b) A person seeking exemption from Section 25208.7 shall file an
application for exemption with the regional board on or before
February 1, 1987, together with an initial filing fee of three
thousand dollars ($3,000). The application shall include the names of
persons who own or operate each surface impoundment for which the
exemption is sought and the location of each surface impoundment for
which an exemption is sought.
   (c) Notwithstanding Section 25208.3, each person filing an
application for exemption pursuant to subdivision (b) shall pay only
the application fee provided in subdivision (b) and any additional
fees assessed by the state board to recover the actual costs incurred
by the state board and regional boards to administer this section.
The person is not liable for fees assessed pursuant to Section
25208.3, except that, if the person is required to comply with
Section 25208.7 or 25208.6, the fees assessed under this section
shall include the costs of the regional board and state board to
administer those sections.
   (d) If a person fails to pay the initial filing fee by February 1,
1987, or fails to pay any subsequent additional assessment pursuant
to subdivision (c), the person shall be liable for a penalty of not
more than 100 percent of the fees due and unpaid, but in an amount
sufficient to deter future noncompliance, as based upon that person's
past history of noncompliance and ability to pay, and upon
additional expenses incurred by the regional board and state board as
a result of this noncompliance.
   (e) Notwithstanding Section 25208.3, after the regional board has
made a determination pursuant to subdivision (g), a final payment or
refund of fees specified in subdivision (c) shall be made so that the
total fees paid by the person shall be sufficient to cover the
actual costs of the state board and the regional board in
administering this section.
   (f) The hydrogeological site assessment report shall contain, for
each surface impoundment, all of the following information:
   (1) A description of the surface impoundment, including its
physical characteristics, its age, the presence or absence of a
liner, a description of the liner, the liner's compatibility with the
hazardous wastes discharged to the impoundment, and the design
specifications of the impoundment.
   (2) A description of the volume and concentration of hazardous
waste constituents placed in the surface impoundment, based on a
representative chemical analysis of the specific hazardous waste type
and accounting for variance in hazardous waste constituents over
time.
   (3) An analysis of surface and groundwater on, under, and within
one mile of the surface impoundment to provide a reliable indication
of whether or not hazardous constituents or leachate is leaking or
has been released from the surface impoundment.
   (4) A chemical characterization of soil-pore liquid in areas that
are likely to be affected by hazardous constituents or leachate
released from the surface impoundment, as compared to geologically
similar areas near the surface impoundment that have not been
affected by releases from the surface impoundment. This
characterization shall include both of the following:
   (A) A description of the composition of the vadose zone beneath
the surface impoundment. This description shall include a chemical
and hydrogeological characterization of both the consolidated and
unconsolidated geologic materials underlying the surface impoundment,
and an analysis for pollutants, including those constituents
discharged into the surface impoundment. This description shall also
include soil moisture readings from a representative number of points
around the surface impoundment's perimeter and at the maximum depth
of the surface impoundment. If the regional board determines that the
use of suction type soil sampling devices is infeasible due to
climate, soil hydraulics, or soil texture, the regional board may
authorize the use of alternative devices. The initial report shall
contain all data in tabular form so that data, constituents, and
concentrations are readily discernible.
   (B) A determination of the chemical characteristics of the soil
made by collecting a soil sample upgradient from the impoundment or
from an area that has not been affected by seepage from the surface
impoundment and that is in a hydrogeologic environment similar to the
surface impoundment. The determinations shall be analyzed for the
same pollutants analyzed pursuant to subparagraph (A).
   (5) A description of current groundwater and vadose zone
monitoring being conducted at the surface impoundment for leak
detection, including detailed plans and equipment specifications and
a technical report that provides the rationale for the spatial
distribution of groundwater and vadose zone monitoring points for the
design of monitoring facilities, and for the selection of monitoring
equipment. This description shall include:
   (A) A map showing the location of monitoring facilities with
respect to each surface impoundment.
   (B) Drawings and design data showing construction details of
groundwater monitoring facilities, including all of the following:
   (i) Casing and hole diameter.
   (ii) Casing materials.
   (iii) Depth of each monitoring well.
   (iv) Size and position of perforations.
   (v) Method for joining sections of casing.
   (vi) Nature and gradation of filter material.
   (vii) Depth and composition of annular seals.
   (viii) Method and length of time of development.
   (ix) Method of drilling.
   (C) Specifications, drawings, and data for the location and
installation of vadose zone monitoring equipment.
   (D) Discussion of sampling frequency and methods and analytical
protocols used.
   (E) Justification of indicator parameters used.
   (6) Documentation demonstrating that the monitoring system and
methods used at the facility can detect any seepage before the
hazardous waste constituents enter the waters of the state. This
documentation shall include, but is not limited to, substantiation of
each of the following:
   (A) The monitoring facilities are located close enough to the
surface impoundment to identify lateral and vertical migration of any
constituents discharged to the impoundment.
   (B) The groundwater monitoring wells are not located within the
influence of any adjacent pumping water wells that might impair their
effectiveness.
   (C) The groundwater monitoring wells are screened only in the zone
of groundwater to be monitored.
   (D) The casing material in the groundwater monitoring wells does
not interfere with, or react to, the potential contaminants of major
concern at the impoundment.
   (E) The casing diameter allows an adequate amount of water to be
removed during sampling and allows full development of each well.
   (F) The annular seal of each groundwater monitoring well prevents
pollutants from migrating down the well.
   (G) The water samples are collected after at least five well
volumes have been removed from the well and that the samples are
collected, preserved, transported, handled, analyzed, and reported in
accordance with guidelines for collection and analysis of
groundwater samples that provide for preservation of unstable
indicator parameters and prevent physical or chemical changes that
could interfere with detection of indicator parameters. If the wells
are low-yield wells, in that the wells are incapable of yielding
three well volumes during a 24-hour period, the methods of water
sample collection shall ensure that a representative sample is
obtained from the well.
   (H) The hazardous waste constituents selected for analysis are
specific to the facility, taking into account the chemical
composition of hazardous wastes previously placed in the surface
impoundment.
   (I) The frequency of monitoring is sufficient to give timely
warning of any leakage or release of hazardous constituents or
leachate so that remedial action can be taken prior to any adverse
changes in the quality of the groundwater.
   (7) A written statement from the qualified person preparing the
report indicating whether any hazardous constituents or leachate has
migrated into the vadose zone, water-bearing strata, or waters of the
state in concentrations that pollute or threaten to pollute the
waters of the state.
   (8) A written statement from the qualified person preparing the
report indicating whether any migration of hazardous constituents or
leachate into the vadose zone, water-bearing strata, or waters of the
state is likely or not likely to occur within five years, and any
evidence supporting that statement.
   (g) The regional board shall complete a thorough analysis of each
hydrogeological site assessment report submitted pursuant to
subdivision (b) within one year after submittal. If the regional
board determines that a hazardous waste constituent from the surface
impoundment is polluting or threatening to pollute, as defined in
subdivision (l) of Section 13050 of the Water Code, both of the
following shall occur:
   (1) The regional board shall issue a cease and desist order or a
cleanup and abatement order that prohibits any discharge into the
surface impoundment and requires compliance with Section 25208.6.
   (2) The person shall file a report pursuant to Section 25208.7
within nine months after the regional board makes the determination
pursuant to subdivision (g). In making any determination under this
subdivision, the regional board shall state the factual basis for the
determinations.
   (h) For purposes of this section, "person" means only the
following:
   (1) Pest control operators and businesses licensed pursuant to
Section 11701 of the Food and Agricultural Code.
   (2) Local governmental vector control agencies who have entered
into a cooperative agreement with the department pursuant to Section
116180.