Implementation of SWRCB Resolution No. 93-62
This page is an adaptation of July 19, 1993, memorandum from the SWRCB Executive Director Walt Pettit to the Regional Water Quality Control Board (RWQCB) Executive Officers, regarding implementation of the SWRCB Resolution No. 93-62.
This is to provide
assistance to
you in implementing SWRCB
Resolution No.
93-62--entitled
Policy For Regulation
Of Discharges
Of Municipal
Solid Waste
(Policy), adopted
June 17, 1993.
The Policy directs
each RWQCB to
revise the waste
discharge requirements
(WDRs) for each
discharger in
its region who
owns or operates
a
municipal solid
waste landfill
(MSW landfill)
that received
waste after October
9, 1991.
The RWQCBs had
to bring these
discharges into
compliance both
with the SWRCB's
Title
27 regulations
and with the
federal MSW regulations.
The Policy and
its timely implementation
were necessary
for California
to receive program
approval by USEPA.
Program approval
allowed the State
some latitude
in implementing
certain provisions
of the federal
MSW regulations.
Although the
Policy requires
implementing
these provisions,
it provides more
specific direction
only in the areas
of
deadlines and
liner system
design. Due to
the complex nature
of the federal
MSW
regulations,
and their interface
with corresponding
Title 27 regulations,
RWQCBs will more
easily achieve
timely compliance
with the Policy
if provided with
additional information.
The first four
attached Word
documents contain
important information
previously prepared
and
discussed with
your staff. They
represent a significant
effort and you
may find them
very
useful. The Word
documents are:
Attachment
I -- A sample
RWQCB order implementing
the Policy (sample
Super
Order);
Attachment II -- A discussion of rarely-applicable federal provisions;
Attachment
III -- An
explanation of
how the sample
Super Order interfaces
Chapter 15 and
the federal MSW
regulations;
and
Attachment
IV -- A handout,
copies of which
you can provide
to dischargers,
that
describes how
they can document
their landfill's
"Existing
Footprint"
with
photographs and
topographic map,
as required by
the sample Super
Order.
Issuance
of WDRs for new
facilities is
subject to the
normal regulatory
process, including
CEQA. For existing
sites, you may
(a) issue site-specific
WDRs, (b) issue
a "Super
Order",
such as Attachment
I, which amends
the individual
orders of all
sites subject
to the
federal MSW regulations,
or (c) issue
several Super
Orders, each
of which amends
the
individual orders
of a group of
dischargers needing
similar requirements.
Our approach
is to issue a
Super Order (Attachment
I) which amends,
rather than
replaces, existing
WDRs for sites
listed in the
order. It contains
all necessary
changes to
bring WDRs into
full compliance
with the federal
MSW regulations
and with Title
27.
However, the
sample Super
Order requires
a number of submittals.
Therefore, compliance
will generate
the need, at
a later time,
to revise WDRs
for some individual
sites named in
the Super Order.
The sample Super
Order is designed
such that your
staff can list,
in Section 1
of the order,
all landfills
to which the
Policy applies,
following each
named landfill
with a listing
of the
other sections
of the order
that apply to
that landfill.
It is written
to allow for
some
site-specific
specifications,
such as an alternative
liner design.
It is also feasible
for you to
list in this
order MSW landfills
that are not
subject to the
federal MSW regulations
(i.e.,
that stopped
receiving waste
prior to October
9, 1991), to
bring them into
compliance with
Title 27 by applying
the order's monitoring
requirements.
In
1995, the Office
of the Chief
Counsel made
a determination
that the liner
standards of
SWRCB Resolution
No. 93-62 do
not apply to
those very small
rural landfills
(VSRLFs)
that meet the
requirements
of 40CFR258.1(f).
The reason is
that Resolution
No. 93-62 is
worded to apply
to a given landfill
on the landfill's
"federal
deadline"
(the date when
the
federal requirements
begin to apply
to the Unit).
For VSRLFs that
meet 40CFR258.1(f),
there is no federal
deadline for
applying the
federal liner
requirements;
therefore, Resolution
No. 93-62 does
not require qualifying
VSRLFs to meet
the composite
liner requirement.
If you have any
questions regarding
these attachments,
and would like
to
obtain hardcopy
of the other
attachments,
please contact Ed
Wosika (916)
341-5813 of Land
Disposal Unit.