1. SOIL DISPOSAL AND REUSE REGULATION AND POLICY

2. HOW DOES THE REGIONAL BOARD REGULATE SOIL REUSE AND DISPOSAL, AND UNDER WHAT AUTHORITY? 1. Waste Discharge Requirements! 2. Water Code sections 13260 et seq.

3. WHAT ARE WASTE DISCHARGE REQUIREMENTS? WDRs specify the requirements under which a discharge to land can be conducted so as not to affect beneficial uses of groundwater. WDRs are the Regional Board’s principal tool for protecting groundwater quality from the impacts of waste disposal to land.

4. WHEN DO I NEED WDRs FOR SOIL REUSE OR DISPOSAL? When the reuse/disposal of the soil could affect the quality of waters of the State. See Water Code section 13260(a)(1). If so (or don’t know) - file a report of waste discharge. If not - don’t file.

5. “IF SO” CONTINUED….. Fuel contaminated soils categorically classified by the Regional Board as “designated wastes.” -authority under Water Code section 13173. -so classified in Finding 6.a of Order No. R9-2002-0342.

6. DO I NEED TO FILE A REPORT OF WASTE DISCHARGE FOR: 1. Onsite reuse of soil that meets the County’s soil cleanup goal for the site? 2. Incidental grading of contaminated soil left in place? 3. Putting contaminated soil back in the borehole, tank pit, or trench? 4. Reuse of soil overlying basins excepted from the Sources of Drinking Water Policy (no beneficial uses per Basin Plan)?

7. IF I FILE A REPORT OF WASTE DISCHARGE... 1. How long before I can reuse/dispose of the soil? 2. Can I get a refund of my filing fee if the Regional Board decides that the discharge could not affect the quality of waters of the State?

8. PLAN AHEAD! If you need WDRs, plan on 120 days at most from the time your report of waste discharge is complete and you’ve paid your filing fee till the time when you can dispose/reuse soil (ie - initiate the discharge).

9. WATER CODE SECTION 13264, PREREQUISITES TO DISCHARGE You may initiate a discharge if: 1. 120 days have passed since you submitted a complete report of waste discharge and paid your filing fee (ie - complied w/ section 13260); 2. The Regional Board is lead agency for CEQA purposes; 3. A Negative Declaration is required; and, 4. 105 days have elapsed since the Regional Board assumed lead agency status.

10. IN ADDITION TO SITE SPECIFIC WDRs, THERE ARE: 1. General WDRs. - Order No. R9-2002-0342 (Fuel Contaminated Soil Reuse). 2. General Waivers. - Resolution No. R9-2003-0060 (the Waiver Policy*). *The Waiver Policy includes a general waiver for temporary soil wastepiles from contaminated sites.

11. Reuse/Disposal of FCS General Order R9-2002-0342 …

12. Enrollment Complete Form 200/FCS Cert Form Filing Fee Lab data sheets & QA/QC Schedule, method, volumes, land use Written notice of status (30 - 45 days)

13. Prohibitions No haz waste/waste oil … 22 CCR/CH&S Only fuel waste constituents No free liquid content > moisture holding capacity No discharge into State waters Not create nuisance or pollution

14. Discharge Specs Site conditions –No groundwater dependent area –Industrial/commercial land use –minimum 5 ft from gw –minimum 100 ft from sw –flood/washout protection –cover: engineered or compacted soil –property owner approval

15. Discharge Specs (cont’d) Concentration limits - fuel constituents –Primary Limits = FCS waste (first test) –Secondary Limits = leachable fraction (if not pass Primary Limits) –Multiple sources of FCS allowed

16. Temporary Waste Piles Site conditions (previous) Property owner approval Inspection/maintenance/Signage Cover/liner requirements Manage ponded water Clean closure/Time limit (30-days after report)

17. Reporting Final Waste Monitoring Report –Additional FCS Cert form = multiple sources –Lab data sheets & QA/QC for all results –Estimated completion date –Within 60-days of final FCS discharge

18. Termination of Enrollment RWQCB review final report RWQCB conduct site inspection Termination of Enrollment Written termination notice

19. Questions/Contacts San Diego RWQCB Points of Contact: –Julie Chan TEL: 858-627-3926 (UST) –John Odermatt TEL: 858-637-5595 (LDU) Order R9-2002-0342 online at: –http://www.swrcb.ca.gov/rwqcb9/programs/ units/ldu/ldu.html