27 CA ADC § 20400
27 CCR s 20400
Cal. Admin. Code tit. 27, s 20400
CALIFORNIA CODE OF REGULATIONS
TITLE 27. ENVIRONMENTAL PROTECTION
DIVISION 2. SOLID WASTE
SUBDIVISION 1. CONSOLIDATED REGULATIONS FOR TREATMENT, STORAGE, PROCESSING
OR DISPOSAL OF SOLID WASTE
CHAPTER 3. CRITERIA FOR ALL WASTE MANAGEMENT UNITS, FACILITIES, AND
DISPOSAL
SITES
SUBCHAPTER 3. WATER MONITORING
ARTICLE 1. SWRCB - WATER QUALITY MONITORING AND RESPONSE PROGRAMS FOR
SOLID
WASTE MANAGEMENT UNITS
This database is current through 04/21/06, Register 2006, No. 16.
s 20400. SWRCB -Concentration Limits. (C15: s2550.4)
[ Note: The special applicability of this section is described in
s20380(a); see also s20080(a).]
(a) Proposal of Concentration Limits -For each Constituent of Concern
(COC) specified pursuant to s20395 (or for a solid waste constituent that
is addressed by a cleanup and abatement action taken pursuant to SWRCB
Resolution No. 92-49), the discharger shall propose one of the following
for each medium (under s20415, including ground water, surface water, and
the unsaturated zone) monitored pursuant to s20415 of this article:
(1) Background Value -a concentration limit not to exceed the background
value of that constituent as determined pursuant to s20415(e)(10)(A);
(2) Value Redetermined Each Time -that the WDRs include a statement that,
at any given time, the concentration limit for that COC will be equal to
the background value of that constituent, as determined pursuant to
s20415(e)(10)(B); or
(3) CLGB - a concentration limit greater than background (CLGB)
established pursuant to this section for a corrective action program.
(b) Adoption of Concentration Limits -The RWQCB shall review the proposed
concentration limits and statements and shall approve, modify, or
disapprove each proposed limit and each proposed statement. Upon final
approval by the RWQCB, each concentration limit and each statement shall
be specified in WDRs. The RWQCB shall approve more than one concentration
limit for different Monitoring Points in the same medium only if:
(1) more than one background condition exists within a particular medium;
(2) the statistical method approved for a constituent uses intra-well
comparisons procedures; or
(3) CLGBs have been established for a corrective action program at the
Monitoring Points in the zone affected by a release from the Unit.
(c) Establishing a CLGB -For a corrective action program, the RWQCB shall
establish a CLGB [under ¶(a)(3)] only if the RWQCB finds that it is
technologically or economically infeasible to achieve the background value
for that constituent and that the constituent will not pose a substantial
present or potential hazard to human health or the environment as long as
the CLGB is not exceeded. In making this finding, the RWQCB shall consider
the factors specified in ¶(d), the results of the engineering feasibility
study submitted pursuant to s20425(c), data submitted by the discharger
pursuant to s20425(d)(2) to support the proposed CLGB, public testimony on
the proposal, and any additional data obtained during the evaluation
monitoring program.
(d) Considerations -In establishing a CLGB for a constituent of concern,
the RWQCB shall consider the following factors:
(1) potential adverse effects on ground water quality and beneficial uses,
considering:
(A) the physical and chemical characteristics of the waste in the Unit;
(B) the hydrogeological characteristics of the facility and surrounding
land;
(C) the quantity of ground water and the direction of ground water flow;
(D) the proximity and withdrawal rates of ground water users;
(E) the current and potential future uses of ground water in the area;
(F) the existing quality of ground water, including other sources of
contamination or pollution and their cumulative impact on the ground water
quality;
(G) the potential for health risks caused by human exposure to waste
constituents;
(H) the potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(I) the persistence and permanence of the potential adverse effects; and
(2) potential adverse effects on surface water quality and beneficial
uses, considering:
(A) the volume and physical and chemical characteristics of the waste in
the Unit;
(B) the hydrogeological characteristics of the facility and surrounding
land;
(C) the quantity and quality of ground water and the direction of ground
water flow;
(D) the patterns of precipitation in the region;
(E) the proximity of the Unit to surface waters;
(F) the current and potential future uses of surface waters in the area;
(G) the existing quality of surface water including other sources of
contamination or pollution and the cumulative impact on surface water
quality;
(H) the potential for health risks caused by human exposure to waste
constituents;
(I) the potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(J) the persistence and permanence of the potential adverse effects.
(e) CLGB Ceiling -In no event shall a CLGB for a constituent of concern
exceed the lowest concentration that the discharger demonstrates and the
RWQCB finds is technologically and economically achievable. No provision
of this section shall be taken to allow a CLGB for a constituent of
concern to exceed the maximum concentration that would be allowed under
other applicable statutes or regulations [e.g., Maximum Concentration
Limits established under the federal Safe Drinking Water Act (P.L. 93-523,
codified as Subchapter XII of the Public Health Service Act at 42 USC
300f, et. seq.; regulations establishing MCL's are located in 40 CFR Part
141, Subpart B), etc.].
(f) Receptor Location -For ground water, in evaluating risk pursuant to
¶(d) to any biological receptor, the risk shall be evaluated as if
exposure would occur at the Point of Compliance.
(g) Additivity -Proposals for CLGBs shall include a demonstration that the
aggregate of hazardous constituents in the environment will not result in
excessive exposure to a sensitive biological receptor. In the absence of
scientifically valid data to the contrary, theoretical risks from
chemicals associated with the release from the Unit shall be considered
additive across all media of exposure, and shall be considered additive
for all chemicals having similar toxicological effects or having
carcinogenic effects.
(h) Applicability -A CLGB may only be applied during corrective action, or
during detection monitoring following corrective action, at Monitoring
Points at which "measurably significant" (see s20164) evidence of the
release has been determined.
(i) Decreasing the CLGB -When a detection monitoring program incorporating
a CLGB is reinstated after a corrective action program has been
terminated, each CLGB shall be re-evaluated during each review of WDRs or
at least every five years. If the RWQCB, upon re-evaluation, determines
that the concentration of a constituent of concern in ground water,
surface water, or the unsaturated zone is lower than its associated
concentration limit by a "measurably significant" (see s20164) amount, the
concentration limit for that constituent shall be lowered to reflect
current water quality.
Note: Authority cited: Section 1058, Water Code. Reference: Sections
13172, 13263 and 13267, Water Code; and Section 43103, Public Resources
Code.
HISTORY
1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect amending subsections (a)(1), (a)(2)
and (i)
filed 5-19-2000 pursuant to
section 100, title 1, California Code ofRegulations (Register 2000, No.
20).
27 CA ADC s 20400
END OF DOCUMENT
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