Cal. Code Regs. tit. 23 § 2908
On June 17, 1993, the State Water Resources Control Board (State Water Board) adopted Resolution 93-62, entitled Policy For Regulations Of Discharges Of Municipal Solid Waste (Policy hereinafter).
The Policy implements the State Water Board's regulations governing the discharge of waste to land at municipal solid waste (MSW) landfills (which resided in 23 CCR § 2510et seq., "Chapter 15," and which were moved, in 1997, with slight changes, to 27 CCR § 20005et seq., "Title 27") and implements those water quality related portions of the federal regulations governing the discharge of MSW at landfills (40 CFR § 258.1et seq., "federal MSW regulations") that are not addressed by Title 27. The federal MSW regulations apply to all landfills that receive waste on or after October 9, 1991; the majority of the federal provisions became effective on October 9, 1993 (Federal Deadline).
The Policy directed Regional Water Quality Control Boards (Regional Water Boards) to revise or adopt, as appropriate, prior to the Federal Deadline, the waste discharge requirements (WDRs) for each landfill that is subject to the federal MSW regulations. The Policy required the revised WDRs to implement those regulations in the manner described in the Policy and to implement the then-current Chapter 15 regulations as well.
After the Federal Deadline, the discharge of municipal solid waste is allowed only to areas that are lined in accordance with the provisions of the Policy. For dischargers having a landfill within one mile of a source of drinking water, the Policy requires the revised WDRs to contain a water quality monitoring program that, as of October 9, 1994, will comply with the Policy. For landfills further than one mile from a source of drinking water, this monitoring compliance deadline is October 9, 1995.
On July 21, 2005, the State Water Board revised the Policy to provide the Regional Water Boards with authority to implement a new federal regulation (40 CFR § 258.4, entitled "Research, Development, and Demonstration Permits for Municipal Solid Waste Landfills"), which became effective March 22, 2004. Section 258.4 allows temporary variances from certain listed federal standards (that would otherwise apply), for the purpose of demonstrating the viability of new approaches and technology. A Regional Water Board may only grant a section 258.4 variance if it finds that granting such a variance will pose no additional threat to water quality at that landfill and that the landfill is, otherwise, in full compliance with the federal MSW regulations.
Cal. Code Regs. Tit. 23, § 2908
2. Amendments adding language summarizing amendments to the Policy for Regulation of Discharges of Municipal Solid Waste filed 10-4-2005; amendments adopted by the State Water Resources Control Board 7-21-2005 pursuant to Resolution No. 93-62; approved by OAL 10-4-2005 pursuant to Government Code section 11353 (Register 2005, No. 40).
2. Amendments adding language summarizing amendments to the Policy for Regulation of Discharges of Municipal Solid Waste filed 10-4-2005; amendments adopted by the State Water Resources Control Board 7-21-2005 pursuant to Resolution No. 93-62; approved by OAL 10-4-2005 pursuant to Government Code section 11353 (Register 2005, No. 40).