California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 22 - State Policy for Water Quality Control › Section 2908 - Policy for Regulation of Discharges of Municipal Solid Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
				  §
										2510
et seq.
,
				  "Chapter 15," and which were moved, in 1997, with slight changes, to
				  27 CCR
				  §
										20005
et seq.
, "Title
				  27") and implements those water quality related portions of the federal
				  regulations governing the discharge of MSW at landfills (40 CFR §
										258.1
et 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.
1. New section
				  filed 7-28-93; operative 7-28-93 pursuant to Government Code section
				  11353
				  (Register 93, No. 31).
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).