California Code of Regulations
Title 27 - Environmental Protection
Division 2 - Solid Waste
Subdivision 1 - Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
Chapter 7 - Special Treatment, Storage, and Disposal Units
Subchapter 6 - Solar Evaporators
Article 1 - Solar Evaporator Regulations
Section 22940 - SWRCB - Solar Evaporator Operation Requirements
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Limitation on Standing Water -- The solar evaporator shall be operated so that, under reasonably forseeable operating conditions, the discharge of agricultural drainage water to the solar evaporator will not result in standing water, outside of a water catchment basin. Agricultural drainage water from the IFDM system shall be discharged to the solar evaporator by timed sprinklers or other equipment that allows the discharge rate to be set and adjusted as necessary to avoid standing water in the solar evaporator.
(b) Prevention of Nuisance -- The solar evaporator shall be operated so that, under reasonably forseeable operating conditions, the discharge of agricultural drainage water to the solar evaporator does not result in:
(c) Prohibition of Outside Discharge -- The operation of a solar evaporator shall not result in any discharge of agricultural drainage water outside the boundaries the solar evaporator.
(d) Salt Management -- For solar evaporators in continuous operation under a Notice of Authority to Operate issued by a Regional Water Quality Control Board, evaporite salt accumulated in the solar evaporator shall be collected and removed from the solar evaporator if and when the accumulation is sufficient to interfere with the effectiveness of the operation standards of the solar evaporator as specified in this section. One of the following three requirements shall be selected and implemented by the owner or operator:
(e) Monitoring -- Monitoring and record keeping, including a groundwater monitoring schedule, data, and any other information or reporting necessary to ensure compliance with this article, shall be established by the RWQCB in accord with § 25209.14 of Article 9.7 of the Health and Safety Code.
(f) Avian Wildlife Protection -- The solar evaporator shall be operated to ensure that avian wildlife is adequately protected as set forth in § 22910(a) and (v). The following Best Management Practices are required:
(g) Inspection -- The RWQCB issuing a Notice of Authority to Operate a solar evaporator shall conduct authorized inspections in accord with § 25209.15 of Article 9.7 of the Health and Safety Code to ensure continued compliance with the requirements of this article. The RWQCB shall request an avian wildlife biologist to assist the RWQCB in its inspection of each authorized solar evaporator at least once annually during the month of May. If an avian wildlife biologist is not available, the RWQCB shall nevertheless conduct the inspection. During the inspection, observations shall be made for compliance with § 22910(a) and (v), and the following conditions that indicate an unreasonable threat to avian wildlife:
If active avian nests with eggs are found within the boundaries of the solar evaporator, the RWQCB shall report the occurrence to the USFWS and DFG within 24 hours, and seek guidance with respect to applicable wildlife laws and implementing regulations. Upon observation of active avian nests with eggs within the boundaries of the solar evaporator, all discharge of agricultural drainage water to the solar evaporator shall cease until (a) the nests are no longer active, or (b) written notification is received by the owner or operator, from the RWQCB, waiving the prohibition of discharge in compliance with all applicable state and federal wildlife laws and implementing regulations (i.e., as per applicable exemptions and allowable take provisions of such laws and implementing regulations.)
1. New section filed 11-22-2004; effective on filing; pursuant to Health and Safety Code section 25209.16 this section remains in effect until revised by the State Water Resources Control Board (Register 2004, No. 48).
Note: Authority cited: Section 25209.12, Health and Safety Code. Reference: Sections 25209.12(a), 25209.12(b), 25209.12(c), 25209.12(d), 25209.12(e), 25209.12(f), 25209.14(a) and 25209.15(a), Health and Safety Code.
