san diego regional water quality control board · groundwater must meet the following criteria to...

San Diego Regional Water Quality Control Board

September 13, 2017

Ms. MaryAnn Amann CERCLA Project Manager- USFWS P.O. Box 2358 Chula Vista, CA 91912

In reply refer to/ attn: 228139:LSamrad

EDMUND G. BROWN JR. GOVERNOR

N~ MATTHEW RODRIQUEZ l.~~ SECRETARY FOR ~ ENVIRONMENTAL PROTECTION

Subject: Sweetwater Marsh Unit Sites: Burn Ash Contaminant Cleanup Project (Operable Unit 1) and Gunpowder Point Former Industrial Area (Operable Unit 2) - State Water Quality and Waste Management ARARs

Ms. Amann:

The State and Regional Boards are the State agencies with primary responsibility for the coordination and control of water quality. 1 The San Diego Water Board is the Regional Board with that responsibility in the San Diego Region.

The San Diego Water Board is providing this letter to you in order to transmit Applicable or Relevant and Appropriate Requirements (ARARs) from the State of California for the Removal Action and Engineering Evaluation and Cost Analysis (EE/CA) for:

Operable Unit 1 - Sweetwater Marsh Unit, Burn Ash Contaminant Cleanup Project at the San Diego Wildlife Refuge.

Operable Unit 2 - Sweetwater Marsh Unit, Gunpowder Point Former Industrial Area at the San Diego Wildlife Refuge.

The State ARARs attached to this letter contain chemical, action and location specific State ARARs for the protection of water quality, the management and disposal of solid wastes. These State ARARs should be included in the development and selection of any remedial alternatives considered and proposed as a result of the Removal Action process under CERCLA.

Since the US Fish and Wildlife Services is following the CERCLA process, it should also consider implementation of the relevant guidance from the U.S. EPA for the cleanup of wastes in Operable Unit No. 1: "Considering Wetlands at CERCLA Sites", EPA540/R-94-019, May 1994.

1 California Water Code, section 13001 .

HENRY ABARBANEL, PH.D ., CHAIR I DAVID GIBSON, EXECUTIVE OFFICER

2375 Northside Drive, Suite 100, San Diego, Cal~omia 92108-2700 I www.waterboards.ca.gov/sandiego

Q RECYCLED PAPER

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Ms. Amann - 2 - September 13, 2017

In the subject line of any response, please include the reference code 228139:LSamrad. Please contact Ms. Laura Samrad at 619-521-5895, or at [email protected] if you or your staff have any questions.

Sincerely,

~L~-6~ JOHN R. ODERMATI, PG, M.Sc., Senior Engineering Geologist Site Restoration and Groundwater Protection Branch

cc: Mr. Andy Yuen, via email at andy [email protected]

Enclosure: Attachment 1 San Diego Water Board Applicable, or Relevant and Appropriate Requirements (ARARs) for Operable Unit 1 and Operable Unit 2

Tech Staff Information and Use Reg Measure ID 170121 Place ID 228139 Parv ID 47621

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ATTACHMENT 1: SAN DIEGO WATER BOARD

APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS (ARARs)

Regional Water Quality Control Board – San Diego 1 of 20 June 2010, ver 1.0

Category Source Standard, Requirement, Criterion, or Limitation

Description Chemical Action Location Comments

1 Waste Discharge Requirements

Porter-Cologne Water Quality Control Act California Water Code Section 13260(a), 13263(a), 13263(d), 13263(i), and California Code of Regulations, Title 27 (27 CCR), Article 1, commencing with Section 20080

Disposal And/Or Reuse Fuel Contaminated Soil - Waste Discharge Requirements For The Disposal And/Or Reuse Of Petroleum Fuel Contaminated Soils (FCS) In The San Diego Region ORDER NO. R9-2002-0342 http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2002/2002_0342wdr.pdf

Defines controlled criteria under which fuel contaminated soil can be disposed of, or reused.

Petroleum Soil disposal and/or Reuse

Remediation sites with

land disposal and /or

temporary storage fuel

contaminated waste.

Remedial actions may have a need to generate temporary fuel contaminated waste piles. This order establishes requirements for the management of temporary fuel contaminated soil waste piles and reuse of fuel contaminated soils as engineered fill.


Porter-Cologne Water Quality Control Act California Water Code section 13263, 13377 40 CFR section 122.28(b)(2). (Authority to issue general NPDES Permits)

Ground Water Extraction – General Waste Discharge Requirements for Discharges from Groundwater Extraction operations and Similar Discharges to San Diego Bay, tributaries thereto under tidal influence, and storm drains or other conveyance systems tributary thereto. Order No. R9-2015-0013 (NPDES No. CAG919003) http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2015/R9-2015-0013.pdf

The requirements of this order covers all discharges of groundwater extraction wastes to Discharges to San Diego Bay, tributaries thereto under tidal influence, and storm drains or other conveyance systems tributary thereto, from groundwater extraction due to construction, foundation groundwater extraction, groundwater extraction related to groundwater remediation, and other groundwater extraction activities regardless of volume, including discharges less than 100,000 gallons per

Chemicals that are identified as priority pollutants in 40CFR, or have narrative or numeric water quality objectives and are included in water quality plans adopted by the State or Regional Board.

Ground Water

extraction and

discharge to San

Diego Bay.

Remediation sites wanting to discharge

extracted ground water

to surface waters,

including San Diego Bay

Those discharging extracted groundwater must meet the following criteria to be subject to the requirements of this Order: 1) discharging extracted groundwater to San Diego Bay; and 2) pollutant concentrations in the discharge comply with the discharge specifications in the Order. This Order does not cover storm water.

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http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2002/2002_0342wdr.pdf




http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2015/R9-2015-0013.pdf




Regional Water Quality Control Board – San Diego 2 of 20 September 2017



day.


Title 40 Code of Federal Regulations, Parts 144 to 146 (regs for Discharge of waste to wells by injection) San Diego Basin Plan and State Board Antidegradation Resolution No. 68-16. Title 27 CCR section 20090(c)(d) - (describes actions/discharges of waste to land exempt from Title 27)

Order No. R9-2008-0138 General Waste Discharge Requirements for discharges of treated groundwater from volatile organic compound cleanup sites to land in the San Diego Region. This Order supersedes Order No. R9 2003 0111. http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2008/r9_20080138.pdf

This order establishes discharge specifications, provisions, and monitoring and reporting requirements related to the reinjection of treated groundwater generated during cleanup of sites contaminated with volatile organic compounds.

Volatile Organic

Compounds

Discharge of treated ground water

Remediation sites with

ground water treatment systems treating volatile organic

compounds and

discharging treated

ground water to land.


Porter-Cologne Water Quality Control Act California Water Code section 13263(i), 13304 San Diego Basin Plan and State Board Antidegradation Resolution No. 68-16.

Order No. R9-2008-0081 General Waste Discharge Requirements For In-Situ Groundwater Remediation Projects Within The San Diego Region http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2008/R9_2008_0081.pdf

This Order regulates the use and application of in-situ biological, chemical, and physical treatments to clean up waste constituents in ground water. Water Code section 13263(i) establishes criteria to be used by the Water Board in developing and adopting general waste discharge requirements (WDRs).

Ground water treatment

amendments that create

ground water conditions

favorable to degradation of ground

water pollutants

In-Situ Ground Water

Treatment

Remediation Sites where

ground water is being

treated in situ.


Porter-Cologne Water Quality Control Act California Water Code -Section 13260(a) 13050(e) Section 401 federal Clean Water ACT (CWA)

State Water Resources Control Board Water Quality Order No. 2004.0004-DWQ; Statewide General Waste Discharge Requirements For Dredged Or Fill Discharges To Waters Deemed By The U.S. Army Corps Of Engineers To Be Outside Of

Wetlands, riparian areas, and headwaters are shallow waters of the state, which are by their nature affected most often and severely by filling and excavation.

Any pollutant (including

sediment/soil) associated with dredge

or fill operations.

Discharges of chemicals in

Discharge of dredged

or fill

Wetlands, riparian areas,

headwaters

Applies to all removal actions at Sites where there are impacts to waters of the state (including vernal pools). These General WDRs are restricted to projects that affect not more than two-tenths (0.2) of an acre and 400 linear feet for

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http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2008/r9_20080138.pdf




http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2008/R9_2008_0081.pdf







(33 U.S.C. § 1341) Federal Jurisdiction (General WDRs) http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2004/wqo/wqo2004-0004.pdf

It is the intent of these General WDRs to regulate a subset of the discharges that have been determined not to fall within federal jurisdiction, particularly those projects involving impacts to small acreage or linear feet and those involving a small volume of dredged material.

toxic or hazardous

amounts are prohibited under this

Order.

fill and excavation discharges, and of not more than 50 cubic yards for dredging discharges. In the case of IR Site 11, if 0.2 acres or more of vernal pools are impacted by the proposed removal action the Navy would be required to avoid impacts to the wetlands and where impacts to wetlands are unavoidable mitigate impacts to ensure no net loss of wetlands. The Governor signed Executive Order W-59-93, which directs the San Diego Water Board (a Resource Agency) to implement the Comprehensive Wetlands Policy. An objective of the Policy is to ensure no overall net loss and long-term net gain in the quantity, quality, and permanence of wetlands acreage and values in California.

6 Plan Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.)

Water Quality Control Plan for the San Diego Basin 9 (Basin Plan)

San Diego Water Board water quality planning and management document.

All chemicals that have

narrative or numeric

water quality objectives

All remediation activities that affect or impact waters of the state.

All remediation

activities that affect or

impact waters of the state.

The Basin Plan contains discharge prohibitions (http://www.waterboards.ca.gov/sandiego/water_issues/programs/basin_plan/docs/update080416/Chpt_4_2016.pdf ) may be applicable cleanup activities that could affect the quality of waters of the state within the boundaries of the San Diego Region. Discharge prohibitions include but are not restricted

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http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2004/wqo/wqo2004-0004.pdf




http://www.waterboards.ca.gov/sandiego/water_issues/programs/basin_plan/docs/update080416/Chpt_4_2016.pdf







to the following: (1) The discharge of waste to waters of the state in a manner causing, or threatening to cause a condition of pollution, contamination or nuisance as defined in Water Code section 13050, is prohibited. (2) The discharge of waste to land, except as authorized by WDRs or the terms described in Water Code section 13264 is prohibited. (3) The discharge of pollutants or dredged or fill material to waters of the United States except as authorized by an NPDES permit or a dredged or fill material permit (subject to the exemption described in Water Code section 13376) is prohibited. (5) The discharge of waste to inland surface waters, except in cases where the quality of the discharge complies with applicable receiving water quality objectives, is prohibited. (6) The discharge of waste in a manner causing flow, ponding, or surfacing on lands not owned or under the control of the discharger is prohibited, unless the discharge is authorized by the Regional Board. (7) The dumping, deposition, or discharge of waste directly into waters of the state, or

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adjacent to such waters in any manner which may permit its being transported into the waters, is prohibited unless authorized by the Regional Board. (8) Any discharge to a storm water conveyance system that is not composed entirely of "storm water" is prohibited unless authorized by the Regional Board. (10) The discharge of industrial wastes to conventional septic tank/ subsurface disposal systems, except as authorized by the terms described in Water Code section 13264, is prohibited. (12) The discharge of any radiological, chemical, or biological warfare agent into waters of the state is prohibited. (13) The discharge of waste into a natural or excavated site below historic water levels is prohibited unless the discharge is authorized by the Regional Board. (14) The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quantities which cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect,

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beneficial uses of such waters is prohibited.

7 Statute Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.)

California Water Code Section 13243

The RWQCB may specify certain conditions or areas where the discharge of waste, or certain types of waste, will not be permitted.

All wastes and

chemicals that have


water quality objectives.

Cleanup, Treatment, or Disposal of wastes as defined by Water

Code section 13050.

Cleanup, Treatment, or Disposal of wastes as

defined by Water Code

section 13050.

Applies to remedial actions to cleanup and/or dispose of wastes, as defined by Water Code section 13050.

8 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13000, 13140, 13240, 13260, 13263, 13267, 13300, 13304, 13307)

State Water Resources Control Board Resolution No. 92-49; Policies and Procedures for Investigation and Cleanup and Abatement of Discharges (As amended)

Establishes requirements for investigation and cleanup and abatement of discharges. Among other requirements, dischargers must clean up and abate the effects of discharges in a manner that promotes the attainment of either background water quality, or the best water quality that is reasonable if background water quality cannot be restored. Requires the application of Title 23, CCR, Section 2550.4, requirements to cleanups.

All wastes and

chemicals that have


water quality objectives.

Cleanup, Treatment or Disposal of wastes,

and all remediation activities that affect or impact waters of the state.

Soil and Ground Water

Cleanup Sites

Applies to all remedial actions that affect or impact waters of the state. Applicable to all cleanup actions in the State of California. http://www.waterboards.ca.gov/water_issues/programs/scp/resolution_92_49.shtml


Clean Water Act (CWA) §§ 301 and 402(p) Title 40 Code of Federal Regulations (CFR) 40CFR Parts 122, 123, 124

National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities

The requirements apply to discharges of storm water to surface waters associated with construction activity including clearing grading, and excavation

pH Turbidity

Construction, Soil

Stockpiling, Onsite

Soil Treatment

Construction and

Remediation Sites

Bioassessment monitoring is required for projects that meet all of the following criteria: 1)for construction projects rated Risk Level 3 or Linear Underground Project Type 3; 2) The project

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Order 2009-0009-DWQ, NPDES No. CAS000002 http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml

activities, that results in land disturbance of equal to or greater than one acre.

directly discharges runoff to a freshwater wadeable stream (or streams) that is either: (a) listed by the State Water Board or USEPA as impaired due to sediment, and/or (b) tributary to any downstream water body that is listed for sediment; and/or have the beneficial use SPAWN & COLD & MIGRATORY; or 3). Total project-related ground disturbance exceeds 30 acres.


Clean Water Act (CWA) §§ 301 and 402(p) Title 40 Code of Federal Regulations (40 CFR) section 122.32(a), 123.35(b) 40 CFR 122.26(b)(16) Small MS4 Defn.

State Water Resources Control Board Water Quality Order No. 2003-0005-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004 Waste Discharge Requirements For Storm Water Discharges From Small Municipal Separate Storm Sewer Systems http://www.waterboards.ca.gov/water_issues/programs/stormwater/phase_ii_municipal.shtml

This General WDR regulates discharges of storm water from “regulated Small MS4s.” Small MS4s include systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways.

Pollutants found in

storm water runoff

Construction, Soil

Stockpiling, Onsite

Soil Treatment

Construction and

Remediation Sites


Clean Water Act (CWA) § 402(p) 40 Code of Federal Regulations [CFR] Parts 122, 123, and 124

Construction Storm Water State Water Resources Control Board Water Quality Order No. 2009-0009-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000002 Waste Discharge Requirements For Discharges Of Storm

These requirements apply to the discharge of wastes in storm water associated with industrial activity that discharges either directly to surface waters or indirectly through municipal separate storm sewers

Pollutants found in

construction storm water

runoff

Storm Water Runoff

The General Permit accompanying this fact sheet regulates storm water runoff from construction sites. Regulating many storm water discharges under one permit will greatly reduce the administrative burden associated with permitting individual storm water

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http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml



http://www.waterboards.ca.gov/water_issues/programs/stormwater/phase_ii_municipal.shtml







Water Associated With Construction and Land Disturbance Activities http://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo2009_0009_dwq.pdf

must be regulated by an NPDES permit. This General Permit generally requires facility operators to: 1. Eliminate unauthorized non-storm water discharges; 2. Develop and implement a storm water pollution prevention plan (SWPPP); and 3. Perform monitoring of storm water discharges and authorized non-storm water discharges.

discharges.

12 Statute Porter-Cologne Water Quality Control Act (California Water Code Sections 13307.1(c), 13304)

Land Use Restriction If the state board or the regional board finds that the property is not suitable for unrestricted use and that a land use restriction is necessary for the protection of public health, safety, or the environment, then the state board and the regional boards may not issue a closure letter, or make a determination that no further action is required, unless a land use restriction is recorded or required to be recorded.

All chemicals that have


water quality objectives

Site Remediatio

n

Remediation Sites

Applies to all remedial actions.

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http://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/constpermits/wqo2009_0009_dwq.pdf







13 Rules and Regulations

40 CFR Part 131 Clean Water Act Section 303(c)(2)(B) 40CFR 131.36(b) – Definition of Priority Toxic Pollutants

National Toxics Rule (NTR)

This rule establishes Federal criteria for water quality standards that must be met for certain priority toxic pollutants in a number of States, including California.

Priority Toxic

Pollutants. (See Defined

in 40CFR131.3

6)

Cleanup, Treatment, Disposal of wastes and

waste water.

Remediation sites near surface waters

Federal criteria apply unless CTR criteria is more stringent.


40 CFR Part 131 California Toxics Rule (CTR)

This final rule promulgates numeric aquatic life criteria for 23 priority toxic pollutants; and numeric human health criteria for 57 priority toxic pollutants. EPA is promulgating this rule based on the Administrator’s determination that numeric criteria are necessary in the State of California to protect human health and the environment. The Clean Water Act requires States to adopt numeric water quality criteria for priority toxic pollutants for which EPA has issued criteria guidance, the presence or discharge of which could reasonably be expected to interfere with maintaining designated uses.

Priority Toxic


in 40CFR131.3

6)


waste water.


For those criteria not found in the CTR, the criteria in the NTR applies

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State Implementation Policy (SIP) Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California. http://www.swrcb.ca.gov/water_issues/programs/state_implementation_policy/docs/final.pdf

This Policy establishes: (1) implementation provisions for priority pollutant criteria promulgated by U.S.EPA (through the NTR and CTR), and for priority pollutant objectives established by the Water Board in its Basin Plan; (2) monitoring requirements for 2,3,7,8-TCDD equivalents; and (3) chronic toxicity control provisions.

Priority Toxic


in 40CFR131.3

6)


waste water.


This Policy is a tool to be used in conjunction with watershed management approaches to ensure achievement of water quality standards (i.e., water quality criteria or objectives, and the beneficial uses they are intended to protect, as well as the State and federal antidegradation policies).


Water Quality Control Plan for Enclosed Bays and Estuaries – Part 1 Sediment Quality

It is the goal of the State Water Resources Control Board (State Water Board) to comply with the legislative directive in Water Code §13393 to adopt sediment quality objectives (SQOs). Part 1 integrates chemical and biological measures to determine if the sediment dependent biota are protected or degraded as a result of exposure to toxic pollutants* in sediment and to

Sediment toxicity , sediment

chemistry, and benthic community condition,

Establish sediment quality

objectives (cleanup

levels) that are

protective of human health and ecological receptors

in California Bays and Estuaries.

California Bays and Estuaries. applies to enclosed bays1 and estuaries2

only. Part 1 does not apply to ocean waters* including Monterey Bay and Santa Monica Bay, or inland surface waters*. 1 ENCLOSED

http://www.waterboards.ca.gov/water_issues/programs/bptcp/docs/sediment/sed_qlty_part1.pdf Narrative SQOs for the protection of aquatic life and human health; 2. Identification of the beneficial uses that these objectives are intended to protect; 3. A program of implementation that contains: a. Specific indicators, tools and implementation provisions to determine if the sediment quality at a station or multiple stations meets the narrative objectives;

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http://www.swrcb.ca.gov/water_issues/programs/state_implementation_policy/docs/final.pdf




http://www.waterboards.ca.gov/water_issues/programs/bptcp/docs/sediment/sed_qlty_part1.pdf







protect human health. Part 1 is not intended to address low dissolved oxygen, pathogens or nutrients including ammonia. Part 1 represents the first phase of the State Water Board’s SQO development effort and focuses primarily on the protection of benthic* communities in enclosed bays* and estuaries*. The State Water Board has committed in the second phase to the refinement of benthic community protection indicators for estuarine waters and the development of an improved approach to address sediment quality related human health risk associated with consumption of fish

BAYS are indentations along the coast which enclose an area of oceanic water within distinct headlands or harbor works. Enclosed bays include all bays where the narrowest distance between headlands or outermost harbor works is less than 75 percent of the greatest dimension of the enclosed portion of the bay. This definition includes, but is not limited to: Humboldt Bay, Bodega Harbor, Tomales Bay, Drakes

b. A description of appropriate monitoring programs; and c. A sequential series of actions that shall be initiated when a sediment quality objective is not met including stressor identification and evaluation of appropriate targets.

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tissue. Estero, San Francisco Bay, Morro Bay, Los Angeles Harbor, Upper and Lower Newport Bay, Mission Bay, and San Diego Bay. 2 ESTUARIES AND COASTAL LAGOONS are waters at the mouths of streams that serve as mixing zones for fresh and ocean waters during a major portion of the year. Mouths of streams that are temporarily separated from the ocean by sandbars shall be considered as

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estuaries. Estuarine waters will generally be considered to extend from a bay or the open ocean to the upstream limit of tidal action but may be considered to extend seaward if significant mixing of fresh and salt water occurs in the open coastal waters. The waters described by this definition include, but are not limited to, the Sacramento-San Joaquin Delta as defined by Section 12220 of CWC, Suisun Bay, Carquinez Strait

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downstream to Carquinez Bridge, and appropriate areas of the

Smith, Klamath, Mad, Eel, Noyo, and Russian Rivers.

17 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147, 13172, 13260, 13263, 13267, 13304).

Title 27, CCR, Section 20090(d); Consolidated Regulations for Treatment, Storage, Processing, or Disposal of Solid Waste - Purpose, Scope and Applicability - Exemptions. Title 23, Chapter 15, CCR. Section 2511 (d); Discharges of Hazardous Waste to Land – Exemptions.

Action taken by public agencies to clean up unauthorized releases are exempt from Title 27/ Title 23 accept that wastes removed from immediate place of release and discharged to land must be managed in accordance with classification (Title 27, CCR, Section 20200/ Title 23, CCR, Section 2520) and sitting requirements of Title 27 or Title 23 and wastes contained or left in place must comply with Title 27 or Title 23 to the extent feasible.

All wastes (as defined by

Water Code section

13050) and chemicals

that are discharged to

land for disposal, storage or treatment.

Cleanup, Treatment, Disposal

that affect Soil,

Ground Water, and

Vadose Zone

Remediation sites.

Applies to all remediation, waste disposal, waste storage, waste treatment sites, and monitoring of those sites.

18 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147, 13172, 13260, 13263, 13269).

Title 23, Chapter 15, CCR, Section 2520, 2521; Waste Classifications and Management – Hazardous Waste.

Requires that hazardous waste be discharged to Class I waste management units that meet certain design and monitoring standards.

All hazardous wastes (as defined by

Water Code section

13050 and CCR Title

22, Division 4.5)

Applies to discharges

of hazardous waste to land for

treatment, storage or disposal

Classification and

management of hazardous wastes and remediation

sites with hazardous

waste.

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discharged to land

19 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147 13172, 13260, 13263, 13269).

Title 27, CCR, Section, 20200(c); 20210; Consolidated regulations for Treatment, Storage, Processing, or Disposal of Solid Waste - Waste Classification and Management - Applicability and Classification Criteria - Waste Characterization - Designated Waste.

Requires that designated waste be discharged to Class I or Class II waste management units. (27CCR Section 20210) 20200(c) Waste must be accurately characterized to determine how waste shall be managed and disposed of.

All wastes and

chemicals that are

classified as “designated

wastes” pursuant to

criteria listed in Water

Code section 13173.


of designated

waste (defined by

criteria listed in Water Code

section 13173),

including nonhazardo

us waste that could

cause degradatio

n of surface or

ground waters) to land for

treatment, storage, or disposal.

Remediation sites and

management/disposal of designated

waste.

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20 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147 13172, 13260, 13263, 13269).

Title 27, CCR, Section 20200(c); 20230; Consolidated regulations for Treatment, Storage, Processing, or Disposal of Solid Waste - Waste Classification and Management - Inert Waste.

Requires that inert waste does not need to be discharged at classified units

All chemicals that are

classified as inert wastes under CCR

Title 27.


of inert waste to land for

treatment, storage, or disposal.


management/disposal of

inert wastes.

21 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147, 13172, 13260, 13263, 13269).

Title 27, CCR, Section 20200(c); 20220; Consolidated regulations for Treatment, Storage, Processing, or Disposal of Solid Waste - Waste Classification and Management - Applicability and Classification Criteria - Waste Characterization - Nonhazardous Solid Waste.

Requires that nonhazardous solid waste be discharged to a classified waste management unit.

All chemicals that are

classified as wastes (under Water Code

section 13050) and

non-hazardous under CCR

Title 27.


of nonhazardous wastes to land for treatment, storage, or disposal.


management/disposal of

Non-hazardous

waste.

22 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147, 13172, 13260, 13263, 13267, 13304).

Title, 27, CCR, Section 20425; General Standards for All Waste Management Units – General Closure and Post Closure Maintenance standards Applicable to Waste Management Units for Solids Waste - Evaluation Monitoring Program. Title, 23, Chapter 15, CCR, Section 2550.9; Water Quality Monitoring and Response Programs for Waste Management Units – Evaluation Monitoring Program.

Requires an assessment of the nature and extent of the release, including a determination of the spatial distribution and concentration of each constituent.

All chemicals and wastes as defined under Water Code

section 13050.

Sites with existing or proposed

Waste Manageme

nt Units

Applies to areas that receive

discharges of wastes to land, and

where monitoring

results show statistically significant

evidence of a release.

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23 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147, 13172, 13260, 13263, 13267 13304).

Title 27, CCR, Section 20430; General Standards for All Waste Management Units – General Closure and Post Closure Maintenance standards Applicable to Waste Management Units for Solids Waste - Corrective Action Program. Title 23, Chapter 15, CCR Section 2550.10; Water Quality Monitoring and Response Programs for Waste Management Units – Corrective Action Program.

Requires implementation of corrective action measures that ensure that cleanup levels are achieved throughout the zone affected by the release by removing the waste constituents or treating them in place. Source control may be required. Also requires monitoring to determine the effectiveness of the corrective actions.

All chemicals and wastes, as defined

under Water Code section

13050.

Corrective Actions

Any area where waste

was discharged

and a release of

wastes/waste constituents are detected

in Soil Vadose Zone

Ground Water and/or

Surface Water


24 Regulation Porter-Cologne Water Quality Control Act (California Water Code Sections 13140-13147, 13172, 13260, 13263, 13267 13304).

Title 23, CCR, Chapter 15, Waste classification (Article 1), Waste management unit classification and siting (Article 2), Construction standards for Class I Units (Article 4), Water quality monitoring for classified waste management units (Article 5), Definitions (Article 10)

Requires implementation of corrective action measures that ensure that cleanup levels are achieved throughout the zone affected by the release by removing the waste constituents or treating them in place. Source control may be required. Also requires monitoring to determine the effectiveness of the corrective actions.

All chemicals and wastes,

that constitute hazardous

wastes.

Corrective Actions

Any area where waste

was discharged

and a release of

wastes/waste constituents are detected

in Soil Vadose Zone

Ground Water and/or

Surface Water


25 Law Clean Water Act (CWA) Section 401

Water Quality Certification

For remediation activities that impact Federal jurisdictional waters of the United States (as determined by the ACOE).

Sediment and all chemicals that impact

waters of the state within

the

Remediation activities

that include

excavation and fill

Remediation Sites

activities that include

excavation and fill

Applies to all remedial actions involving excavation and discharge of material to jurisdictional waters of the U.S. and State waters including wetlands and other

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jurisdictional waters of the

U.S.

within jurisdictional waters of

the state/U.S.

within jurisdictional waters of the

state/U.S.

water bodies (e.g. vernal pools).

26 Regulation California Water Code -Section 13260(a) 13050(e)

State Water Resources Control Board Water Quality Order No. 2004.0004-DWQ; Statewide General Waste Discharge Requirements For Dredged Or Fill Discharges To Waters Deemed By The U.S. Army Corps Of Engineers To Be Outside Of Federal Jurisdiction http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2004/wqo/wqo2004-0004.pdf

Wetlands, riparian areas, and headwaters are shallow waters of the state, which are by their nature affected most often and severely by filling and excavation. It is the intent of these requirements to regulate a subset of the discharges that have been determined not to fall within federal jurisdiction, particularly those projects involving impacts to small acreage or linear feet and those involving a small volume of dredged or fill material.

Sediment and all chemicals that impact

waters of the State

Remediation activities

that include

excavation and fill within

waters of the State.

Remediation sites where

soil excavation, stockpiling, or disposal may impact waters of the

State

Applies to all remedial actions involving excavation and discharge of material to waters of the State including wetlands and other water bodies (e.g. vernal pools). If a remedial action involving the removal or placement of soil, sediment, and other materials in or near waters of the State is not conducted under CERCLA, then the discharger would be required to obtain waste discharge requirements (General Order No. 2004-0004), and consider the California Wetlands Conservation Policy to ensure no overall net loss of wetlands. The discharger would also be required to prepare a mitigation plan. The mitigation plan must demonstrate how the discharger will sequentially avoid, minimize, and compensate for adverse impacts on water bodies, including wetlands, that receive excavated or fill materials. Order 20004-0004 is restricted to projects that

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affect not more than two-tenths (0.2) of an acre and 400 linear feet for fill and excavation discharges, and of not more than 50 cubic yards for dredging discharges. If a remedial action involving the removal or placement of soil, sediment, and other materials in or near waters of the State is conducted under CERCLA, then the discharger would not be expected to obtain permit coverage under General Order No. 2004-0004 for the removal or placement of material but would be expected to meet the substantive nature of the requirements to ensure no overall net loss of wetlands and how the discharger will sequentially avoid, minimize, and compensate for adverse impacts on water bodies, including wetlands, that receive the excavated or fill materials.

27 Waiver of Waste Discharge Requirements

Resolution No. R9-2014-0041 http://www.waterboards.ca.gov/sandiego/water_issues/programs/waivers/waivers_w.shtml Section 13269 Water Code gives the Water Board authority to

Conditional Waiver No. 3- “Low Threat” Discharges to Land. Does not apply to hazardous wastes. Conditional Waiver No. 10-Discharges of Solid Waste To Land. Does not apply to Hazardous Wastes. See CCR Title 23, Chapter 15 for management and disposal of

Dischargers must comply with the waiver conditions to be eligible for a waiver of the requirement to file a report of waste discharge and/or issuance of WDRs.

All chemicals and wastes as defined under Water Code

section 13050, from

the applicable discharges.

Remediation of

chemicals and wastes, as defined

under Water Code

section 13050, from

Remediation sites.

Two of the twelve types of conditional waivers may be applicable to cleanup applicable wastes from sites on military bases.

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http://www.waterboards.ca.gov/sandiego/water_issues/programs/waivers/waivers_w.shtml








waive requirements of Water Code sections 13260(a) and (c), 13263(a), and 13264(a) for specific discharges or specific types of discharge, provided the waiver is consistent with the Basin Plan and is in the public interest

Hazardous Wastes.

applicable discharges.

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san diego regional water quality control board · groundwater must meet the following criteria to...

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