Regulations: Title 27, Environmental Protection--Division 2, Solid Waste

Chapter 1. General

Article 1. Purpose, Scope and Applicability of this Subdivision

(a) Regulatory standards promulgated by the California Integrated Waste Management Board (CIWMB) in this division implement only the jurisdiction of the CIWMB, as set forth in Division 30, Commencing with section 40000, of the PRC, and shall not be construed by the CIWMB or the enforcement agency (EA) in a manner that would infringe upon or interfere with the administration or implementation of the comprehensive program of regulatory standards promulgated by the SWRCB in this title for the protection of water quality, pursuant to Division 7, commencing with section 13000, of the Water Code.

(b) The purpose for the CIWMB standards in this subdivision is to protect public health and safety and the environment. The CIWMB standards in this chapter do not address air or water quality aspects of the environment that are regulated by other state or local agencies.

(c) The standards promulgated by the CIWMB in Chapters 1, 2, 3, and applicable portions of Chapter 4 shall apply to all disposal sites meaning active, inactive closed or abandoned, as defined in section 40122 of the Public Resources Code including facilities or equipment used at the disposal sites. Responsibility for enforcing state minimum standards as defined by the CIWMB shall be administered by the EA in consultation as deemed appropriate with the Regional Water Quality Control Board or other oversight agency.

Note:

Authority cited: 
Section 40502, 43020, 43021 and 43030, Public Resources Code.

Reference: 
Sections 40000-40002, 40508, and 43103, Public Resources Code.

Statutory Mandate. (non-regulatory) [Reserved]

(a) Where necessary to protect water quality, the Regional Water Quality Control Board (RWQCB) can implement, in coordination with the enforcement agency (EA) or, as appropriate, the California Integrated Waste Management Board (CIWMB), appropriate standards promulgated by the CIWMB in this subdivision, provided that the action does not duplicate or conflict with any action taken by the EA.

(b) Where necessary to protect water quality, the RWQCB can cite the standards promulgated by the CIWMB in this subdivision as evidence of a violation of standards promulgated by the SWRCB or of Waste Discharge Requirements (WDRs) in any ensuing enforcement proceeding, provided that the violation does not duplicate or conflict with any action by the EA and that such enforcement proceeding is based upon the authority of the RWQCB under Division 7 of the Water Code.

Note:

Authority cited:
Section 1058, Water Code.

Reference: 
Sections 13172, 13226, 13227, 13263, 13267, Water Code; Section 43103, Public Resources Code.

(a) Where necessary to protect aspects of the public health and safety and the environment, other than water quality, the EA may implement, in coordination with the RWQCB and the CIWMB, appropriate standards promulgated by the SWRCB in this subdivision provided that the action is not duplicative of or in conflict with any action taken by the RWQCB.

(b) Where necessary to protect aspects of the public health and safety and the environment, other than water quality, the EA may cite the standards promulgated by the SWRCB in this subdivision as criteria to cause a site to correct a violation of the standards promulgated by the CIWMB or of a Solid Waste Facility Permit (SWFP).

The EA may also reference the aforementioned criteria as evidence of a violation of appropriate CIWMB promulgated standards or of a SWFP in any ensuing enforcement proceeding, provided that the violation is not duplicative of or in conflict with any action by the RWQCB and such enforcement proceeding is based upon the authority of the EA under Division 30 of the Public Resources Code.

Note:

Authority cited: 
Section 43103, Public Resources Code.

Reference: 
Section 43101(d), 43103, Public Resources Code.

How to Use Combined Regulations. (non-regulatory) [Reserved]

The regulations contained herein are promulgated pursuant to Public Resources Code (PRC) 43020, 43020.1, 43021, 43030, 43101, 43103 and Health and Safety Code section 4520. No provision in this Division shall be construed as a limitation or restriction upon the CIWMB's right to exercise discretion which is vested in it by law. Nor shall any provision be construed to limit or restrict counties and cities from promulgating enactments which are as strict as or stricter than the regulations contained in this Division. However, no city or county may promulgate enactments which are inconsistent with the provisions of this Division. Any reference in this chapter to an EA shall be deemed to mean the EA created pursuant to PRC 43200 - 43219.

Note:

Authority cited: 
Sections 40502, 43020 and 43021, Public Resources Code.

Reference: 
Section 11125, Government Code; Sections 43020-43021, 43103, Public Resources Code.

Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations, or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to the Department of Toxic Substances Control, local health entities, water and air quality control boards, local land use authorities, fire authorities, etc.

Note:

Authority cited: 
Sections 40502, 43020 and 43021, Public Resources Code.

Reference: 
Section 40053,40054,40055,43020, 43021 and 43103, Public Resources Code.

[Note: This section will be amended upon the adoption of future regulations pertaining to tiers, transfer stations, operations, etc.]

(a) The purpose of the regulations in Chapters 1, 2, and 3 is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling and disposal of solid wastes at disposal sites.

(b) By adopting these standards, the CIWMB hereby sets forth performance standards for solid waste disposal sites which are of state concern, as required by PRC section 43020 and section 43021, and sets forth minimum substantive requirements for operators' submission of information concerning individual solid waste disposal sites.

Note:

Authority cited: 
Section 40502, Public Resources Code.

Reference: 
Sections 40000, 40001, 40002 and 43103, Public Resources Code.

(a) MSWLF units that meet the conditions of 40 CFR 258.1(f)(1) and received waste after October 9, 1991 but stopped receiving waste before October 9, 1997, are exempt from all the requirements promulgated as a result of 40 CFR 257 and 258, except the final cover minimum standards specified in Section 21140 and all other applicable requirements of Chapters 3 and 4, of this subdivision. The final cover must be installed by October 9, 1998. Owners and operators of MSWLF units described in this paragraph that fail to complete cover installation by October 9, 1998 will be subject to all the requirements of this subdivision, unless otherwise specified.

(b) MSWLF units that receive 20 tons or less of municipal solid waste per day, based on an annual average, may be allowed alternative frequencies for daily cover requirements and landfill gas monitoring requirements subject to the criteria set forth in sections 20680 and 20919.5.

Note:

Authority cited:   
Section 40502, 40508, 43020, 43021 and 43030, Public Resources Code.

Reference:  
Sections 40508 and 43103, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.1, 258.21, and 258.23.

(a) Except as provided in paragraph (f) of this section, EA with concurrence by the CIWMB, and the RWQCB, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from either or both of the criteria listed in subsections (1) and (2) below, provided that the MSWLF unit has a leachate collection system designed and constructed to maintain less than a 30-cm depth of leachate on the liner:

(1) The run-on control system in 40 CFR 258.26(a)(1), as implemented in Title 27, CCR; and

(2) The liquids restrictions in 40 CFR 258.28(a), as implemented in Title 27, CCR.

(b) The EA with concurrence by the CIWMB, and the RWQCB, may issue a research, development, and demonstration permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to utilize innovative and new methods which vary from the final cover criteria of 40 CFR 258.60(a)(1), (a)(2) and
(b)(1), as implemented in Title 27, CCR, provided the MSWLF unit owner/operator demonstrates that the infiltration of liquid through the alternative cover system will not cause contamination of groundwater or surface water, or cause leachate depth on the liner to exceed 30-cm.

(c) Any permit issued under this section must include such terms and conditions at least as protective as the criteria for MSWLFs, as set forth in this Division, to assure protection of public health and safety and the environment. Such permits shall:

(1) Provide for the construction and operation of such facilities as necessary, for not longer than three years, unless renewed as provided in paragraph (e) of this section;

(2) Provide that the MSWLF unit must receive only those types and quantities of municipal solid waste and nonhazardous wastes which the EA, CIWMB, and the RWQCB, deems appropriate for the purposes of determining the efficacy and performance capabilities of the technology or process;

(3) Include such requirements as necessary to protect public health and safety and the environment, including such requirements as necessary for testing and providing information to the EA, CIWMB, and the RWQCB with respect to the operation of the facility;

(4) Require the owner or operator of a MSWLF unit permitted under this section to submit an annual report to the EA, CIWMB, and the RWQCB showing whether and to what extent the site is progressing in attaining project goals. The report shall also include a summary of all monitoring and testing results, as well as any other operating information specified in the permit and its supporting documents; and

(5) Require compliance with all MSWLF criteria, as set forth in this Division, except as permitted under this section.

(d) The EA, CIWMB, or the RWQCB may order an immediate termination of all operations at the facility allowed under this section or other corrective measures at any time the EA, CIWMB, or the RWQCB determines that the overall goals of the project are not being attained, including protection of public health and safety or the environment, pursuant to procedures set forth in this Division, Division 7 of Title 14, and Division 30 of the Public Resources Code.

(e) For the purposes of this section, a research, development, and demonstration permit shall mean the SWFP and WDRs issued pursuant to Chapter 4 of this Division, or if applicable, the approved final closure and postclosure maintenance plans required in accordance with Chapter 4 of this Division.

(f) Any permit issued under this section shall not exceed three years and each renewal of a permit shall not exceed three years. The total term for a permit for a project including renewals shall not exceed twelve years. A permit renewal under this section shall conform to the following requirements:

(1) The applicant shall provide a detailed assessment of the project showing the status with respect to achieving project goals, a list of problems and status with respect to problem resolutions, and any other requirements specific to the operation that the EA with concurrence by the CIWMB, and the RWQCB determine are necessary for permit renewal.

(2) The EA shall process the permit renewal in accordance with sections 21650 through 21665 of Chapter 4 of this Division. A permit issued under this section shall be renewed by amending the RFI or revising the SWFP, as applicable.

(3) The process for permit renewal for approved final closure and postclosure maintenance plans shall be in accordance with sections 21860 and 21890, if applicable, of Chapter 4 of this Division.

(4) For the purpose of this section, renewal shall apply solely to the research, development, and demonstration activities authorized under this section, and not the unrelated activities of the facility or site.

(g) Small MSWLFs:

(1) An owner or operator of a MSWLF unit operating under an exemption set forth in 40 CFR 258.1(f)(1) is not eligible for any variance from 40 CFR 258.26(a)(1) and 258.28(a) of the operating criteria in subpart C of 40 CFR, as implemented by Title 27, CCR, and

(2) An owner or operator of a MSWLF unit that disposes of 20 tons of municipal solid waste per day or less, based on an annual average, is not eligible for a variance from 40 CFR 258.60(b)(1), as implemented by Title 27, CCR, except in accordance with 40 CFR 258.60(b)(3), as implemented by Title 27, CCR.

(h) Any variances issued under this section shall not relieve the owner or operator from complying with all other applicable standards of this Division.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 40053, 43020 and 43021, Public Resources Code.

(a) Scope—The regulations in this subdivision that are promulgated by the State Water Resources Control Board (SWRCB) pertain to water quality aspects of discharges of solid waste to land for treatment, storage, or disposal. The SWRCB-promulgated regulations in this subdivision establish waste and site classifications and waste management requirements for solid waste treatment, storage, or disposal in landfills, surface impoundments, waste piles, and land treatment units. Requirements in the SWRCB-promulgated portions of this subdivision:

(1) Minimum standards—are minimum standards for proper management of each waste category. Regional boards may impose more stringent requirements to accommodate regional and site specific conditions;

(2) MSW Landfill Requirements—as they apply to MSW landfills, are superseded by any more stringent requirements in SWRCB Resolution No. 93-62 (Section 2908, Title 23 of this code) or in the federal MSW regulations (40CFR258);

(3) Utilize Abbreviated Internal References—make reference only to requirements of the sections within this subdivision, unless otherwise stated. Under this internal reference convention: (A) any unenumerated paragraph reference in this division [e.g., "(c)," or " (d)(2)(A-D)" (i.e., subsections A through D, inclusive)] is to be found in the same section as the referring subsection; and (B) any enumerated reference that does not explicitly identify a source outside this subdivision [e.g., "section 20200", "section 20220(b)," or "Article 2, Subchapter 3, Chapter 3"] is to be found in this subdivision; and

(4) Contain Nonregulatory Notes and Examples—contain some nonregulatory language that is needed in a body of multi-agency regulations such as this in order to improve clarity and continuity. Such non-regulatory language is always italicized, is always set off from adjacent regulatory text by parentheses or brackets, serves an obviously explanatory function, and typically begins with either "Note:" or "e.g.,". In the SWRCB-promulgated sections of this subdivision, such italicized notes and examples are intended only to provide the reader with useful guidance, and do not constitute standards having regulatory effect.

(b) Engineered Alternatives Allowed—Unless otherwise specified, alternatives to construction or prescriptive standards contained in the SWRCB-promulgated regulations of this subdivision may be considered. Alternatives shall only be approved where the discharger demonstrates that:

(1) the construction or prescriptive standard is not feasible as provided in (c); and

(2) there is a specific engineered alternative that:

(A) is consistent with the performance goal addressed by the particular construction or prescriptive standard; and

(B) affords equivalent protection against water quality impairment.

(c) Demonstration [for (b)]—To establish that compliance with prescriptive standards in this subdivision is not feasible for the purposes of (b), the discharger shall demonstrate that compliance with a prescriptive standard either:

(1) is unreasonably and unnecessarily burdensome and will cost substantially more than alternatives which meet the criteria in (b); or

(2) is impractical and will not promote attainment of applicable performance standards.

The RWQCB shall consider all relevant technical and economic factors including, but not limited to, present and projected costs of compliance, potential costs for remedial action in the event that waste or leachate is released to the environment, and the extent to which ground water resources could be affected.

(d) Existing and New Units—Units which were operating, or had received all permits necessary for construction and operation, on or before November 27, 1984, are designated as "existing" Units. This includes disposal sites classified under previous regulations and unclassified Units. Dischargers shall continue to operate existing Units under existing classifications and WDRs until those classifications and requirements are reviewed in accordance with section 21720(c). Existing Units shall be closed and maintained after closure according to Subchapter 5, Chapter 3 of this subdivision (section 20950 et seq.). All other Units (including expansions and reconstructions of existing Units initiated after November 27, 1984) are "new" Units. For discharges at new Units, the discharger shall comply with all applicable provisions of this division, as summarized in table 3.1 [of Article 3, Subchapter 2, Chapter 3 of this subdivision] and in section 20310(d). Pending review and reclassification, the following SWRCB-promulgated provisions of this division shall apply to existing Units:

(1) except with regard to Units which were closed, abandoned, or inactive on or before November 27, 1984 [such Units are addressed separately, under (g)], all dischargers are required to be in compliance with the monitoring program requirements [in Article 1, Subchapter 3, Chapter 3, Subdivision 1 of this division (section 20380 et seq.)];

(2) dischargers may be required to submit additional technical and monitoring reports to the RWQCB as determined to be necessary on a case by case basis.

(e) Reclassification—In reviewing WDRs for existing Units, the RWQCB shall consider the results of monitoring programs developed under (d)(1) and technical and monitoring reports submitted under (d)(2). Existing Units shall be reclassified according to the geologic siting criteria in Article 3, Subchapter 2, Chapter 3, Subdivision 1 of this division (section 20240 et seq., as summarized in table 3.1 of that article) and shall be required to comply with applicable SWRCB-promulgated construction standards in Article 4, Subchapter 2, Chapter 3, Subdivision 1 of this division [as summarized in section 20310(d)] as feasible. To establish that retrofitting is not feasible, the discharger shall be required to make the demonstrations in (b) and (c).

(f) WDRs Implement Regulations—The RWQCB shall implement the SWRCB-promulgated regulations in this subtitle through the issuance of WDRs for Units.

(g) CAI Units—Persons responsible for discharges at Units which were closed, abandoned, or inactive on or before November 27, 1984 (CAI Units), may be required to develop and implement a detection monitoring program in accordance with Article 1, Subchapter 3, Chapter 3, Subdivision 1 of this division (section 20380 et seq.). If water quality impairment is found, such persons may be required to develop and implement a corrective action program under that article.

(h) Mining Waste—Discharges of mining waste, as defined in section 22470(a), shall be regulated only by the provisions of Article 1, Subchapter 1, Chapter 7, Subdivision 1 of this division (section 22470 et seq.) and by such provisions of the other portions of this subdivision as are specifically referenced in that article.

(i) Combined SWRCB/CIWMB Solid Waste Landfill Regulations—The California Integrated Waste Management Board (CIWMB) and the SWRCB have promulgated the combined regulations contained in this division. For clarity, in moving the modified sections from their former location (in Chapter 15, Division 3, Title 23 of this code):

(1) Section Title Coding—the title of each SWRCB-promulgated section in the combined regulations begins with "SWRCB - " and ends with the section number (in parentheses) that section had in Title 23 — [e.g., the notation "(C-15: section 2540)" following the section title signifies that the subject section is derived from section 2540, Chapter 15, Division 3, Title 23 of this code, as that chapter existed prior to July 18, 1997] and

(2) Paragraph Subtitles—subtitles have been added at the beginning of many paragraphs, to assist the reader in quickly finding specific portions of the SWRCB’s requirements that address a particular issue.

Note:

Authority cited: 
Section 1058, Water Code. 

Reference: 
Sections 13142, 13260 and 13263, Water Code.

The following activities shall be exempt from the SWRCB-promulgated provisions of this subdivision, so long as the activity meets, and continues to meet, all preconditions listed:

(a) Sewage—Discharges of domestic sewage or treated effluent which are regulated by WDRs issued pursuant to Chapter 9, Division 3, Title 23 of this code, or for which WDRs have been waived, and which are consistent with applicable water quality objectives, and treatment or storage facilities associated with municipal wastewater treatment plants, provided that residual sludges or solid waste from wastewater treatment facilities shall be discharged only in accordance with the applicable SWRCB-promulgated provisions of this division.

(b) Wastewater—Discharges of wastewater to land, including but not limited to evaporation ponds, percolation ponds, or subsurface leachfields if the following conditions are met:

(1) the applicable RWQCB has issued WDRs, reclamation requirements, or waived such issuance;

(2) the discharge is in compliance with the applicable water quality control plan; and

(3) the wastewater does not need to be managed according to Chapter 11, Division 4.5, Title 22 of this code as a hazardous waste.

(c) Underground Injection—Discharges of waste to wells by injection pursuant to the Underground Injection Control Program established by the United States Environmental Protection Agency (USEPA) under the Safe Drinking Water Act, [42 U.S. Code Section 300(h), see Title 40 of the Code of Federal Regulations, Parts 144 to 146, 40 CFR 144 to 146].

(d) RWQCB Cleanup Actions—Actions taken by or at the direction of public agencies to cleanup or abate conditions of pollution or nuisance resulting from unintentional or unauthorized releases of waste or pollutants to the environment; provided that wastes, pollutants, or contaminated materials removed from the immediate place of release shall be discharged according to the SWRCB-promulgated sections of Article 2, Subchapter 2, Chapter 3, Subdivision 1 of this division (section 20200 et seq.); and further provided that remedial actions intended to contain such wastes at the place of release shall implement applicable SWRCB-promulgated provisions of this division to the extent feasible.

(e) Gas Condensate—Discharges of condensate from methane gas recovery operations at classified Units if the following conditions are met:

(1) condensate shall have no chemical additives which could adversely affect containment features, and shall consist only of water and liquid contaminants removed from gas recovered at a Unit;

(2) except as otherwise provided in section 20200(d) regarding MSW landfills, condensate shall either be discharged to a different landfill that has a leachate collection and removal system and that is operated under WDRs issued by the RWQCB, or returned to the Unit(s) from which it came; and

(3) the discharger shall submit a report of waste discharge to the RWQCB, pursuant to Chapter 9, Division 3, Title 23 of this code, and shall discharge condensate only in compliance with WDRs.

(f) Soil Amendments—Use of nonhazardous decomposable waste as a soil amendment pursuant to applicable best management practices, provided that RWQCBs may issue waste discharge or reclamation requirements for such use.

(g) Drilling Waste—Discharges of drilling mud and cuttings from well drilling operations, provided that such discharges are to on site sumps and do not contain halogenated solvents, and further provided that, at the end of drilling operations, the discharger either:

(1) removes all wastes from the sump; or

(2) removes all free liquid from the sump and covers residual solid and semi solid wastes, provided that representative sampling of the sump contents after liquid removal shows residual solid wastes to be nonhazardous. If the sump has appropriate containment features, it may be reused.

(h) Reuse—Recycling or other use of materials salvaged from waste, or produced by waste treatment, such as scrap metal, compost, and recycled chemicals, provided that discharges of residual wastes from recycling or treatment operations to land shall be according to applicable provisions of this division.

(i) Fully Enclosed Units—Waste treatment in fully enclosed facilities, such as tanks, or in concrete lined facilities of limited areal extent, such as oil water separators designed, constructed, and operated according to American Petroleum Institute specifications.

Note:

Authority cited:
Section 1058, Water Code.

Reference: 
Sections 13142, 13260 and 13269, Water Code.

[Reserved by SWRCB.]

[Reserved by SWRCB.]

[Reserved by SWRCB.]

[Reserved by SWRCB.]

[Reserved by SWRCB.]

Last updated: March 21, 2008