California Code of Regulations › Title 27 - Environmental Protection › Division 4 - Office of Environmental Health Hazard Assessment › Chapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986 › Article 4 - Discharge › Section 25403 - Discharges from Hazardous Waste Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For a
				  discharge or release of a listed chemical from a low-level radioactive waste
				  disposal facility licensed pursuant to section
				  114960 et seq. of the Health and
				  Safety Code, a solid waste "disposal facility" as defined in Public Resources
				  Code Section
				  40121
				  (1990) or a hazardous waste "disposal site"
				  as defined in Health and Safety Code section
				  25114,
				  it shall be presumed that the chemical probably will not pass into any source
				  of drinking water for purposes of Section
				  25249.5 of the Act, provided that
				  the operator of the facility or site can show that the facility or site is
				  subject to and in compliance with requirements of state or federal statutes,
				  regulations, permits and orders adopted to avoid contamination of surface or
				  groundwater.
(b) The presumption in
				  subsection (a) may be rebutted by any admissible evidence, including, but not
				  limited to, that compliance with the same or substantially the same
				  requirements of state or federal statutes, regulations, permits and orders
				  adopted to avoid contamination of surface or groundwater has failed to prevent
				  surface or groundwater contamination at similar facilities or sites under
				  similar circumstances.
1. New
					 section filed 10-21-88 as an emergency; operative 10-27-88 (Register 88, No.
					 44). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 2-24-89.
2. New section
					 refiled 2-21-89 as an emergency; operative 2-24-89 (Register 89, No. 10). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 6-26-89.
3. New section, with
					 amendment of subsection (a) adding certain low-level radioactive waste disposal
					 facilities, refiled 6-5-89 as an emergency; operative 6-26-89 (Register 89, No.
					 24). A Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed on 10-24-89.
4. Certificate of
					 Compliance as to 6-5-89 order transmitted to OAL 10-23-89 and filed 11-22-89
					 (Register 89, No. 48).
5. Amendment of subsection (a) filed
					 1-7-2003; operative 2-6-2003 (Register 2003, No. 2).
6. Change
					 without regulatory effect renumbering title 22, section
					 12403 to title 27, section
					 25403 filed 6-18-2008 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2008, No. 25).
7. Change without regulatory
					 effect amending subsection (a) filed 9-12-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 37).
Note: Authority cited: Section
						25249.12,
						Health and Safety Code. Reference: Section
						25249.5,
						Health and Safety Code.