SECTIONS 13367 - California Statutes

WATER CODE

SECTION 13367

13367. (a) For purposes of this chapter, "preproduction plastic"
includes plastic resin pellets and powdered coloring for plastics.
(b) (1) The state board and the regional boards shall implement a
program to control discharges of preproduction plastic from point and
nonpoint sources. The state board shall determine the appropriate
regulatory methods to address the discharges from these point and
nonpoint sources.
(2) The state board, when developing this program, shall consult
with any regional board with plastic manufacturing, handling, and
transportation facilities located within the regional board's
jurisdiction that has already voluntarily implemented a program to
control discharges of preproduction plastic.
(c) The program control measures shall, at a minimum, include
waste discharge, monitoring, and reporting requirements that target
plastic manufacturing, handling, and transportation facilities.
(d) The program shall, at a minimum, require plastic
manufacturing, handling, and transportation facilities to implement
best management practices to control discharges of preproduction
plastics. A facility that handles preproduction plastic shall comply
with either subdivision (e) or the criteria established pursuant to
subdivision (f).
(e) At a minimum, the state board shall require the following best
management practices in all permits issued under the national
pollutant discharge elimination system (NPDES) program that regulate
plastic manufacturing, handling, or transportation facilities:
(1) Appropriate containment systems shall be installed at all
onsite storm drain discharge locations that are down-gradient of
areas where preproduction plastic is present or transferred. A
facility shall install a containment system that is defined as a
device or series of devices that traps all particles retained by a
one millimeter mesh screen and has a design treatment capacity of not
less than the peak flowrate resulting from a one-year, one-hour
storm in each of the down-gradient drainage areas. When the
installation of a containment system is not appropriate because one
or more of a facility's down-gradient drainage areas is not
discharged through a stormwater conveyance system, or when the
regional board determines that a one millimeter or similar mesh
screen is not appropriate at one or more down-gradient discharge
locations, the regulated facility shall identify and propose for
approval by the regional board technically feasible alternative storm
drain control measures that are designed to achieve the same
performance as a one millimeter mesh screen.
(2) At all points of preproduction plastic transfer, measures
shall be taken to prevent discharge, including, but not limited to,
sealed containers durable enough so as not to rupture under typical
loading and unloading activities.
(3) At all points of preproduction plastic storage, preproduction
plastic shall be stored in sealed containers that are durable enough
so as not to rupture under typical loading and unloading activities.
(4) At all points of storage and transfer of preproduction
plastic, capture devices shall be in place under all transfer valves
and devices used in loading, unloading, or other transfer of
preproduction plastic.
(5) A facility shall make available to its employees a vacuum or
vacuum type system, for quick cleanup of fugitive preproduction
plastic.
(f) The state board shall include criteria for submitting a no
exposure certification pursuant to Section 122.26(g) of Title 40 of
the Code of Federal Regulations in all NPDES permits regulating
plastic manufacturing, handling, or transportation facilities.
Facilities that satisfy the no exposure certification criteria are
conditionally exempt from the permitting requirements pursuant to
Section 122.26 of Title 40 of the Code of Federal Regulations. The no
exposure certification shall be required every five years or more
frequently as determined by the state board or a regional board.
(g) The state board and the regional boards shall implement this
chapter by January 1, 2009.
(h) Nothing in this chapter limits the authority of the state
board or the regional boards to establish requirements in addition to
the best management practices for the elimination of discharges of
preproduction plastic.