SECTIONS 13610-13613 - California Statutes

WATER CODE

SECTION 13610-13613

13610. Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this chapter:
(a) (1) Subject to paragraph (2), "perchlorate" means all
perchlorate-containing compounds, including ammonium, potassium,
magnesium, and sodium perchlorate.
(2) Perchlorate does not include perchlorate located in unused
military munitions, as defined in Section 260.10 of Title 40 of the
Code of Federal Regulations, that were stored on or after January 1,
2004.
(b) Subject to Section 13610.5, "perchlorate storage facility"
means a facility, not including a military munitions storage facility
within a military installation that meets the Department of Defense
Explosive Safety Board requirements set forth in DOD 6055.9-STD
(Department of Defense Ammunition and Explosives Safety Standards),
that stores over 500 pounds of perchlorate in any calendar year.
(c) For the purposes of this section, "military munitions storage
facility" does not include the entire military installation within
which the military munitions storage facility is located.

13610.5. This chapter does not apply to the following:
(a) A facility that stores perchlorate for retail purposes or for
law enforcement purposes.
(b) Drinking water storage reservoirs.

13611. (a) The notification required by Section 13611.5 does not
apply to a discharge that is in compliance with this division, or to
a water agency conveying water in compliance with all state and
federal drinking water standards.
(b) Any person who fails to provide the notifications required by
Section 13271 relating to perchlorate or by Section 13611.5 may be
civilly liable in accordance with subdivision (c).
(c) (1) Civil liability may be administratively imposed by a
regional board in accordance with Article 2.5 (commencing with
Section 13323) of Chapter 5 for a violation described in subdivision
(b) in an amount that does not exceed one thousand dollars ($1,000)
for each day in which the violation occurs.
(2) Civil liability may be imposed by the superior court in
accordance with Article 5 (commencing with Section 13350) and Article
6 (commencing with Section 13360) of Chapter 5 for a violation
described in subdivision (b) in an amount that is not less than five
hundred dollars ($500), nor more than five thousand dollars ($5,000),
for each day in which the violation occurs.
(d) Notwithstanding Section 13441, all moneys collected by the
state pursuant to this section shall be available to the state board
upon appropriation by the Legislature.

13611.5. (a) On or before January 1, 2005, and annually thereafter,
unless the owner or operator has met the alternative compliance
requirements of subdivision (b), an owner or operator of a storage
facility that has stored in any calendar year since January 1, 1950,
over 500 pounds of perchlorate shall submit to the state board, to
the extent feasible, all of the following information:
(1) The volume of perchlorate stored each year.
(2) The method of storage.
(3) The location of storage. To the extent authorized by federal
law, in the case of a perchlorate storage facility under the control
of the Armed Forces of the United States, "location" means the name
and address of the property within which the perchlorate storage
facility is located.
(4) Copies of documents relating to any monitoring undertaken for
potential leaks into the water bodies of the state.
(b) The owner or operator of a storage facility that has stored in
any calendar year since January 1, 1950, over 500 pounds of
perchlorate, is in compliance with this section if both of the
following conditions are met:
(1) The owner or operator has provided substantially similar
information as required pursuant to subdivision (a) to a state,
local, or federal agency pursuant to any of the following:
(A) An order issued by a regional board pursuant to Chapter 5
(commencing with Section 13300) of Division 7.
(B) An order, consent order, or consent decree issued or entered
into by the Department of Toxic Substances Control pursuant to
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code.
(C) An order, consent order, or consent decree issued or entered
into by the United States Environmental Protection Agency pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(D) The requirement under Section 25504.1 of the Health and Safety
Code, as added by Assembly Bill 826 of the 2003-04 Regular Session.
(2) The owner or operator, on or before January 1, 2005, and
annually thereafter, notifies the state board of the governmental
entity to which the information is provided and the state board
determines the information supplied is substantially similar as the
information required to be reported pursuant to subdivision (a). In
the case of any information submitted to a federal or local agency,
the state board may require the owner or operator, in addition, to
submit that information to the state board if the state board
determines that the information is not otherwise reasonably available
to the state board.
(c) This section shall not be administered or implemented if the
state board receives notification from the Secretary for
Environmental Protection pursuant to Section 13613 that the Secretary
for Environmental Protection has established a database that is able
to receive perchlorate inventory information.
(d) Information on perchlorate storage need only be submitted
pursuant to this section one time, unless information originally
submitted pursuant to this section has changed.

13612. (a) The state board shall publish and make available to the
public on or before January 1, 2006, a list of past and present
perchlorate storage facilities within the state. The state board may
charge an annual fee to each owner of a storage facility that
provides information to the board for that purpose, which fee shall
not exceed one hundred dollars ($100) for each year information is
provided. The fees shall be deposited in the State Water Quality
Control Fund, and notwithstanding any other provision of law, shall
be available to the state board upon appropriation by the
Legislature.
(b) The state board shall compile and maintain centrally all
information obtained pursuant to Section 13611.5. The information
shall be available for public review.

13613. Upon notification from the Secretary for Environmental
Protection that he or she has established a database that is able to
receive perchlorate inventory information pursuant to paragraph (2)
of subdivision (e) of Section 25404 of the Health and Safety Code,
the state board shall submit to the Secretary for Environmental
Protection all perchlorate storage information obtained pursuant to
Section 13611.5.