California Public Resources Code

§ 40060

PRC § 40060 Effective Mar 30, 1990Div. 30 · Part 1 · Ch. 1 · Art. 2

Statute text

(a)Notwithstanding any other provision of law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, which is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.

(b)A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water quality control board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, “groundwater” means the uppermost aquifer usable for beneficial purposes.

(c)Nothing in this section precludes any local jurisdiction from exercising any power which it has pursuant to any other provision of law.

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Legislative history

Added by Stats. 1990, Ch. 35, Sec. 17. Effective March 30, 1990.