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The Containment Zone
Policy Update On October 2, 1996 the State Water Resources Control Board (SWRCB) voted unanimously to approve the "Containment Zone Policy" Proposed Amendment to Resolution No. 92-49, Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304 (Non-Degradation Policy). The Amendment provides conditions under which a Regional Water Quality Control Board (RWQCB) may establish containment zones (specific portions of groundwater bearing units where water quality goals cannot be reasonably achieved). The Containment Zone Policy is considered necessary to address existing SWRCB policies and procedures regarding groundwater cleanup levels that generally require cleanup to the highest level reasonably attainable where, at a minimum, water quality objectives (as specified in the RWQCB Basin Plans) must be met. The vote establishes a process to develop a statewide consistent policy on this issue that has been ongoing for nearly two years and has included two public hearings, a SWRCB workshop, and three previous draft amendments. SWRCB considers the new policy as a beginning: a dynamic document that will change with time. The Containment Zone Policy has been issued to the State Administrative Law Office for review. Typically a 30-day review process, the SWRCB hopes to have the approved Containment Zone Policy Amendment in place by the beginning of next year. Once the policy is in place, it will be up to the various RWQCBs to implement the new policy. This may require development of containment zone policy procedures and guidelines at the RWQCB level. It is interesting to note that several of the RWQCBs voiced the opinion that the policy is too restrictive, while other RWQCBs indicated the policy was not restrictive enough. While the existing Non-Degradation Policy already provides for restoration of water quality to "best water quality which is reasonable" in consideration of, among other things, water demand and economics, the new policy provides a more detailed mechanism for the regulators to follow when the technical argument is made that restoration of groundwater is technically and/or economically unfeasible. It seems like this a step in the right direction to streamline the groundwater cleanup process, cleanup goal negotiations, and provide some rationalization to groundwater restoration objectives. The question now is how are the RWQCBs going to implement the new policy, and when? |