Aquifer Exemptions. 1. Upon completing a proposal to exempt an aquifer or to expand an existing aquifer exemption under the federal Safe Drinking Water Act (hereafter “aquifer exemption”), the Division shall forward a copy of the data submitted in support of the aquifer exemption request to the State Water Board. The Division shall notify the State Water Board and appropriate regional water board of, and provide, any additional information that the Division receives during the request review process. The Water Boards shall notify the Division of, and provide, any additional information that the Water Boards receive during the request review process. 2. During the review of the aquifer exemption request, the Division, the State Water Board, and the appropriate regional water board shall consult with one another, and may require the requestor to submit additional information to demonstrate that the proposed aquifer exemption and the injection into the aquifer(s) or portion of the aquifer(s) at issue meets the requirements of § 146.4 of Title 40 of the Code of Federal Regulations (CFR) and California Public Resources Code (PRC) § 3131.3 3. Prior to submitting a proposed aquifer exemption for public comment and hearing, the Division and State Water Board, in collaboration with the appropriate regional water board, must preliminarily determine that the proposed aquifer exemption and proposed injection into the aquifer(s) or portion of the aquifer(s) at issue meet the criteria of 40 CFR § 146.4 and PRC § 3131. If, after (1) a 30-day comment period, (2) a joint public hearing by the Division and State Water Board, and (3) considering public comments, the State Water Board, in collaboration with the appropriate regional water board, concurs with a determination by the 1 “Waste” includes “sewage and any other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for the purposes of, disposal.” (Wat. Code, § 13050, subd. (d).)
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Aquifer Exemptions. 1. Upon completing a proposal to exempt an aquifer or to expand an existing aquifer exemption under the federal Safe Drinking Water Act (hereafter “"aquifer exemption”"), the Division shall forward a copy of the data submitted in support of the aquifer exemption request to the State Water Board. The Division shall notify the State Water Board and appropriate regional water board of, and provide, any additional information that the Division receives during the request review process. The Water Boards shall notify the Division of, and provide, any additional information that the Water Boards receive during the request review process.
2. During the review of the aquifer exemption request, the Division, the State Water Board, and the appropriate regional water board shall consult with one another, and may require the requestor to submit additional information to demonstrate that the proposed aquifer exemption and the injection into the aquifer(s) or portion of the aquifer(s) at issue meets the requirements of § of§ 146.4 of Title 40 of the Code of Federal Regulations (CFR) and California Public Resources Code (PRC) § 3131.3
3. Prior to submitting a proposed aquifer exemption for public comment and hearing, the Division and State Water Board, in collaboration with the appropriate regional water board, must preliminarily determine that the proposed aquifer exemption and proposed injection into the aquifer(s) or portion of the aquifer(s) at issue meet the criteria of 40 CFR § 146.4 and PRC § 3131. If, after (1) a 30-day comment period, (2) a joint public hearing by the Division and State Water Board, and (3) considering public comments, the State Water Board, in collaboration with the appropriate regional water board, concurs with a determination by the 1 “"Waste” " includes “"sewage and any other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for the purposes of, disposal.” . " (Wat. Code, § 13050, subd. (d).)
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Samples: Memorandum of Agreement
Aquifer Exemptions. 1. Upon completing a proposal to exempt an aquifer or to expand an existing aquifer exemption under the federal Safe Drinking Water Act (hereafter “"aquifer exemption”"), the Division shall forward a copy of the data submitted in support of the aquifer exemption request to the State Water Board. The Division shall notify the State Water Board and appropriate regional water board of, and provide, any additional information that the Division receives during the request review process. The Water Boards shall notify the Division of, and provide, any additional information that the Water Boards receive during the request review process.
2. During the review of the aquifer exemption request, the Division, the State Water Board, and the appropriate regional water board shall consult with one another, and may require the requestor to submit additional information to demonstrate that the proposed aquifer exemption and the injection into the aquifer(s) or portion of the aquifer(s) at issue meets the requirements of § 146.4 of Title 40 of the Code of Federal Regulations (CFR) and California Public Resources Code (PRC) § 3131.3
3. Prior to submitting a proposed aquifer exemption for public comment and hearing, the Division and State Water Board, in collaboration with the appropriate regional water board, must preliminarily determine that the proposed aquifer exemption and proposed injection into the aquifer(s) or portion of the aquifer(s) at issue meet the criteria of 40 CFR § 146.4 and PRC § 3131. If, after (1) a 30-day comment period, (2) a joint public hearing by the Division and State Water Board, and (3) considering public comments, the State Water Board, in collaboration with the appropriate regional water board, concurs with a determination by the 1 “Waste” Waste includes “"sewage and any other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for the purposes of, disposal.” (Wat. Code, § 13050, subd. (d).) 2 “Waters of the state” means any surface water or groundwater, including saline waters, within the boundaries of the state." (Wat. Code, § 13050, subd. (e).) 3 If the state or federal regulatory criteria for evaluating an aquifer exemption (i.e., PRC§ 3131 and 40 CFR § 146.4) proposal are modified, those modified criteria will apply in this section and any other section in which aquifer exemption regulatory criteria are referenced. Division that the criteria of 40 CFR § 146.4 and PRC§ 3131 are satisfied, the Division may submit the request to the US EPA for final determination.
4. In connection with any concurrence described in the preceding section (Section IV.A.3}, the State Water Board, in collaboration with the appropriate regional water board, and the Division shall consult with one another regarding conditions to be considered for incorporation into any new or revised UIC project approved by the Division for injection into aquifer(s) exempted pursuant to this memorandum in order to address any water quality concerns. Conditions to be considered may include, but are not limited to, requiring groundwater monitoring to ensure injected fluids do no migrate out of the approved injection zone, requiring hydraulic controls, incorporating a buffer zone between the injection zone and the aquifer exemption boundary, and collecting water samples to determine baseline quality.
5. In connection with any concurrence described in Section IV.A.3, the State Water Board, in collaboration with the appropriate regional water board, shall consult with the Division regarding any proposed limitation(s) to be incorporated into any new or revised UIC project approved by the Division for injection into aquifer(s) exempted pursuant to this memorandum in order to address water quality concerns. A limitation is a condition the State Water Board or regional water board deems necessary to incorporate into all new and revised UIC projects into exempted aquifer(s) in order to address water quality concerns (e.g., limiting injection volumes or rates, restricting the quality of the injectate, and restricting the type of injection into an aquifer). If the State Water Board and the Division agree upon the limitation(s) proposed by the State Water Boc1rd, and the State Water Board issues a letter of concurrence identifying the limitation(s), the Division will incorporate the limitation(s) into all new and revised UIC project approval letters involving projects in the aquifer(s) at issue.
6. The Division and the Water Boards will develop a system for tracking progress on the review of aquifer exemption proposals. The system shall be accessible to and duly maintained by the Division, the State Water Board, and the regional water boards.
7. To the extent that the Division, State Water Board, or a regional water board considers that the status of an existing aquifer exemption should be reviewed for consistency with the requirements of 40 CFR § 146.4 and PRC§ 3131, such Party may consult with the other regarding potential modification or rescission of the exemption and/or modification or rescission of injection projects in the exempted area(s) at issue.
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Samples: Memorandum of Agreement
