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 7 - Special Treatment, Storage, and Disposal Units › Subchapter 1 - Mining Waste Management › Article 1 - SWRCB-Mining Waste Management Regulations (C15: Article 7) › Section 22470 - SWRCB-Applicability. (C15: Section 2570)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						General--This article applies to all discharges of mining wastes. No
						SWRCB-promulgated parts of this subdivision except those in this article,
						Article 1 of Chapter 1 (i.e., §
												20080
et seq
.),
						and such provisions of the other articles of this subdivision as specifically
						are referenced in this article shall apply to discharges of "mining wastes" as
						that term is defined in §
												22480. Mining Units (including
						surface impoundments, waste piles, and tailings ponds) which receive WDRs after
						November 27, 1984, shall comply with the siting and construction standards in
						this article. Existing active and inactive Mining Units shall comply with the
						siting and construction requirements of this article as required by the RWQCB.
						Dischargers shall submit a report of waste discharge in compliance with Article
						4, Subchapter 3, Chapter 4 of this subdivision (§
												21710
et seq.
),
						and shall have WDRs which implement the appropriate provisions of this article
						unless requirements are waived by the RWQCB. Requirements for new and existing
						Mining Units are summarized on Table 1.1 of this article. The RWQCB can impose
						more stringent requirements to accommodate regional and site-specific
						conditions.
(b) Dry Unit Liner/LCRS
						Exemption--A RWQCB can exempt a mining waste pile from the liners and leachate
						collection and removal systems required in this article if the discharger
						clearly demonstrates to the RWQCB that leachate will not form in or escape from
						that Mining Unit. The RWQCB can require extensive monitoring procedures in lieu
						of certain containment features. Contingency plans shall be developed and shall
						be implemented if monitoring indicates that the disposal procedures are
						inadequate.
(c) Exemptions Based On
						No/Little/Poor G.W.--The RWQCB can exempt a Group A or B (see §
												22480 of this article) Mining Unit
						from certain provisions of this article if a comprehensive hydrogeologic
						investigation demonstrates that:
(1) there
						are only very minor amounts of groundwater underlying the area; or
(2) the discharge is in compliance with the
						applicable water quality control plan; and
(3) either natural conditions or containment
						structures will prevent lateral hydraulic interconnection with natural geologic
						materials containing ground water suitable for agricultural, domestic, or
						municipal beneficial uses. There is no detectable vertical hydraulic
						interconnection between the natural geologic materials underlying the Unit and
						natural geologic materials containing such ground water. If the above
						demonstration is acceptable to the RWQCB, the discharger can be exempted from
						requirements for liners and leachate collection and removal systems (see §
													22490 of this article). However,
						the discharger shall comply with the requirements of this article relative to
						siting, precipitation and drainage controls, and surface water quality
						monitoring. Closure and post-closure maintenance periods shall be designed to
						protect surface water quality. Ground water monitoring, and unsaturated zone
						monitoring as feasible, shall be conducted during the active life, closure, and
						post-closure maintenance period to verify that the Unit is not affecting ground
						water suitable for agricultural, domestic, or municipal beneficial
						uses.