SITE INFORMATION AND CORRESPONDENCE

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ARARs and TBCs for Superf=d Sites -5- 1 i Mav 1991 (updated 10 October 1991) hazardous waste containing free liquids after 30 June 1988 to surface impoundments not meeting specific siting and design standards. Persons owning or discharging to surface impoundments found to be containing hazardous waste are required to file a hydrogeologic assessment report (HAR) with the Regional Board upon notification. Closure of these impoundments is regulated under TPCA as well as other programs under Porter-Cologne and Title 23 of the California Code of Regulations (CCR). Some cleanup activities at CERCLA sites may be subject to TPCA and this statute would be action-specific and location-specific. Since the hazardous waste identification criteria contained in Title 22 CCR, Division 4, Chapter 30, Article 11 are cited as defining "hazardous waste" under TPCA, these regulatory criteria would also be chemical-specific ARARs. Since this ARAR requires compliance during the site characterization phase, it is important to inform the responsible party of TPCA applicability in an early stage of the remedial investigation, so that HAR requirements can be met within the CERCLA process. THE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) Found in Division 20 of the California Health and Safety Code, Proposition 65 prohibits the discharge of a significant amount of a known human carcinogen or reproductive toxin into any source of drinking water or onto or into land where it may pass into a source of drinking water. The State Department of Health Services (DHS) is the lead agency under this act. DHS has promulgated,in Title 22 of CCR g§12000 et seq., lists of chemicals subject to the discharge prohibition and regulatory levels defining a "s-.gnificant amount" for many of these chemicals. The discharge prohibition and regulatory levels would be chemical-specific, action-specific, and location-specific ARARs. The State Water Resources Control Board has adopted a policy defining "sources of drinking water" with respect to Proposition 65 and other State and Regional Board requirements (Resolution No. 88-63). This policy has been incorporated into the Regional Boards' Basin Plans. The resole on states that, with few specific exceptions, all surface and ground waters of the state are to be considered existing or potential sources of drinking water. This policy is either an A.RAR or a TBC, which could be both chemical- specific and location-specific with respect to cleanup activities. CALIFORNIA CODE OF REGULATIONS,TITLE 23, WATERS, DIVISION 3, CHAPTERS 15 AND 16 (Formerly Chapter 3, Subchapters 15 and 16) Division 3 of Title 23 CCR contains regulations adopted by the State Board for the purpose of implementing certain provisions of the California Water Code. Chapter 15 of Division 3 contains regulations governing discharges of waste to land where water quality could be adversely impacted. The regulations in Chapter 16 are intended to protect waters of the state from discharges of hazardous substances from underground storage tanks. The following is a brief description of Chapters 15 and 16.