Perchlorate - - CA Water

Section § 13610

This section explains terms related to perchlorate storage in California. Perchlorate refers to certain chemical compounds, but doesn't include some military munitions stored after January 1, 2004. A perchlorate storage facility is defined as a place, excluding specific military storage that follows Department of Defense safety standards, that keeps over 500 pounds of perchlorate annually. Importantly, a military munitions storage facility does not include the entire military installation where it's located.

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.

perchlorate chemical compounds ammonium perchlorate potassium perchlorate magnesium perchlorate sodium perchlorate military munitions storage facility 500 pounds threshold Department of Defense safety standards explosives safety calendar year storage unused military munitions explosive safety board military installation exclusion

(Amended by Stats. 2004, Ch. 508, Sec. 1. Effective January 1, 2005.)

Section § 13610.5

This section specifies situations where the chapter doesn't apply. It doesn't apply to facilities that store perchlorate for selling or for law enforcement. It also doesn't cover drinking water storage reservoirs.

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.

perchlorate storage retail purposes law enforcement purposes drinking water reservoirs exemption facility exclusion storage regulation water resources chemicals in water public water systems

(Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)

Section § 13611

This law clarifies that certain notifications about water discharges are not needed if the discharges meet existing state and federal standards. If someone doesn't make the required notifications related to perchlorate discharges, they might face penalties.

The penalties can be imposed by a regional board or a superior court. A regional board can charge up to $1,000 per day for each day of non-compliance. A court can charge between $500 and $5,000 per day. Additionally, any money collected from these penalties will be used by the state board, but only after legislative approval.

(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.

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(Amended by Stats. 2006, Ch. 538, Sec. 679. Effective January 1, 2007.)

Section § 13611.5

If you own or run a storage facility in California that has ever stored over 500 pounds of perchlorate since 1950, by January 1, 2005, and every year after, you're generally required to report details to the state. You have to provide information such as how much perchlorate was stored, how it was stored, and its location. If you've already given this info to other agencies through orders or agreements, you just need to let the state board know which agency received it. But if this info is not easily accessed by the state's board, they might ask you to submit it directly to them. Once you provide this information, you don't need to do it again unless something changes. This law stops being applicable if the Secretary for Environmental Protection sets up a database for perchlorate information.

(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 Part 2 (commencing with Section 78000) of Division 45 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.

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(Amended by Stats. 2022, Ch. 258, Sec. 128. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

Section § 13612

This law requires the state board to publish a list of perchlorate storage facilities in California by January 1, 2006. Owners of these storage facilities must pay an annual fee of no more than $100 if they provide information for this list. The fees support the State Water Quality Control Fund and need legislative approval to be used by the board.

The state board is also responsible for collecting and maintaining all relevant information, which should be accessible for public review. This ensures transparency and public access to information about perchlorate storage locations.

(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.

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(Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)

Section § 13613

This law says that once the Secretary for Environmental Protection creates a database to handle perchlorate inventory information, the state board must provide all details about perchlorate storage, as collected from another law, to the Secretary.

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.

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(Added by Stats. 2003, Ch. 614, Sec. 3. Effective January 1, 2004.)