Water Code — Part 9 | WAT — United States — California law | Esheria

Water Code

Part 9 of 51 · provisions 1,601–1,800

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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

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  1. 13263.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    An owner or operator of a qualifying groundwater-treatment facility is exempt from obtaining a hazardous waste facility permit if the section’s conditions are met.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13263.2. The owner or operator of a facility that treats groundwater which qualifies as a hazardous waste pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code is exempt from the requirement to obtain a hazardous waste facility permit pursuant to Section 25201 of the Health and Safety Code for the treatment of groundwater if all of the following conditions are met: (a) The facility treats groundwater which is extracted for purposes of complying with one or more of the following: (1) Waste discharge requirements prescribed pursuant to Section 13263. (2) A cleanup or abatement order issued pursuant to Section 13304. (3) A written authorization issued by a regional board or local agency designated pursuant to Section 25283 of the Health and Safety Code. (4) An order or approved remedial action plan issued pursuant to Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code. (b) The facility meets, at a minimum, all of the following operating standards: (1) The treatment does not require a hazardous waste facilities permit pursuant to the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 6901 et seq.). (2) The facility operator prepares and maintains written operating instructions and a record of the dates, amounts, and types of waste treated. (3) The facility operator prepares and maintains a written inspection schedule and log of inspections conducted. (4) The records specified in paragraphs (2) and (3) are maintained by the owner or operator of the facility for a period of three years. (5) The owner or operator maintains adequate records to demonstrate that it is in compliance with all of the pretreatment standards and with all of the applicable industrial waste discharge requirements issued by the agency operating the publicly owned treatment works into which the wastes are discharged. (6) (A) Upon terminating the operation of any treatment process or unit exempted pursuant to this section, the owner or operator that conducted the treatment removes or decontaminates all waste residues, containment system components, soils, and other structures or equipment contaminated with hazardous waste from the unit. The removal of the unit from service shall be conducted in a manner that does both of the following: (i) Minimizes the need for further maintenance. (ii) Eliminates the escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or waste decomposition products to the environment after the treatment process ceases operation. (B) Any owner or operator who permanently ceases operation of a treatment process or unit that is exempted pursuant to this section shall provide written notification to the regional board or local agency upon completion of all activities required by this subdivision. (7) The waste is managed in accordance with all applicable requirements for generators of hazardous waste under Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and the regulations adopted by the Department of Toxic Substances Control pursuant to that chapter. (c) The groundwater is treated at the site where it is extracted in compliance with one or more of paragraphs (1), (2), (3), and (4) of subdivision (a). (d) All other regulatory requirements applicable to the facility pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code are met by the owner or operator. (e) The treatment of the contaminated groundwater is not performed under corrective action required by Section 25200.10 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 124. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  2. 13263.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    Regional and state water boards have to limit and ground certain injection-well waste discharge requirements, and any EPA application for the Underground Injection Control Program cannot seek authority over certain oil, gas, or geothermal wells.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13263.5. (a) When the regional board issues waste discharge requirements pursuant to Section 13263, or revises waste discharge requirements pursuant to subdivision (g) of Section 25159.17 of the Health and Safety Code, for any injection well into which hazardous waste is discharged, the waste discharge requirements shall be based upon the information contained in the hydrogeological assessment report prepared pursuant to Section 25159.18 of the Health and Safety Code and shall include conditions in the waste discharge requirements to ensure that the waters of the state are not polluted or threatened with pollution. (b) If the state board applies to the federal Environmental Protection Agency to administer the Underground Injection Control Program pursuant to Part 145 (commencing with Section 145.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations, that application shall not include a request to administer the Underground Injection Control Program for any oil, gas, or geothermal injection wells supervised or regulated by the Division of Oil and Gas pursuant to Section 3106 or 3714 of the Public Resources Code. (Amended by Stats. 1992, Ch. 19, Sec. 1. Effective January 1, 1993.)
  3. 13263.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    This section allows compliance to be measured at the point recycled water enters a conveyance facility, before it mixes with raw water, and requires consent from the facility’s owner or operator before discharge is allowed.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13263.7. (a) Compliance with effluent limitations and any other permit or waste discharge requirements, as appropriate, for the release or discharge of recycled water determined to be suitable for direct potable reuse or surface water augmentation, as defined in Section 13561, into a conveyance facility may be determined at the point where the recycled water enters the conveyance facility but prior to commingling with any raw water. (b) Before the discharge may be allowed, consent must be obtained from the owner or operator of the conveyance facility that directly receives the recycled water. (c) This section does not limit or restrict the authority of the State Water Resources Control Board. (d) For purposes of this section, “raw water” means surface water or groundwater in its naturally occurring state prior to treatment. (Added by Stats. 2013, Ch. 635, Sec. 4. (AB 803) Effective January 1, 2014.)
  4. 13264.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    No person may start or materially change certain waste discharges or construct an injection well before filing the required report, and in some cases must wait until discharge requirements, a waiver, or a time period has run.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13264. (a) No person shall initiate any new discharge of waste or make any material changes in any discharge, or initiate a discharge to, make any material changes in a discharge to, or construct, an injection well, prior to the filing of the report required by Section 13260 and no person shall take any of these actions after filing the report but before whichever of the following occurs first: (1) The issuance of waste discharge requirements pursuant to Section 13263. (2) The expiration of 140 days after compliance with Section 13260 if the waste to be discharged does not create or threaten to create a condition of pollution or nuisance and any of the following applies: (A) The project is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (B) The regional board is the lead agency for purposes of the California Environmental Quality Act, a negative declaration is required, and at least 105 days have expired since the regional board assumed lead agency responsibility. (C) The regional board is the lead agency for the purposes of the California Environmental Quality Act, and environmental impact report or written documentation prepared to meet the requirements of Section 21080.5 of the Public Resources Code is required, and at least one year has expired since the regional board assumed lead agency responsibility. (D) The regional board is a responsible agency for purposes of the California Environmental Quality Act, and at least 90 days have expired since certification or approval of environmental documentation by the lead agency. (3) The issuance of a waiver pursuant to Section 13269. (b) The Attorney General, at the request of a regional board, shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, or combination thereof, as may be appropriate, prohibiting any person who is violating or threatening to violate this section from doing any of the following, whichever is applicable: (1) Discharging the waste or fluid. (2) Making any material change in the discharge. (3) Constructing the injection well. (c) (1) Notwithstanding any other provision of law, moneys collected under this division for a violation pursuant to paragraph (2) of subdivision (a) shall be deposited in the Waste Discharge Permit Fund and separately accounted for in that fund. (2) The funds described in paragraph (1) shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes authorized in Section 13443. (Amended by Stats. 2003, Ch. 683, Sec. 1. Effective January 1, 2004.)
  5. 13265.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A person who discharges waste in violation of Section 13264 can commit a misdemeanor, and the regional board or superior court can impose daily civil liability. Separate rules apply to hazardous waste discharges, including stated exceptions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13265. (a) Any person discharging waste in violation of Section 13264, after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). Each day of such discharge shall constitute a separate offense. (b) (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 of subdivision (a) in an amount which shall 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 Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs. (c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, in violation of Section 13264 is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (d). That liability shall not be imposed if the discharger is not negligent and immediately files a report of the discharge with the board, or if the regional board determines that the violation of Section 13264 was insubstantial. This subdivision shall not be applicable to any waste discharge which is subject to Chapter 5.5 (commencing with Section 13370). (d) (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 of subdivision (c) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs. (2) Civil liability may be imposed by the superior court in accordance with Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (Amended by Stats. 1984, Ch. 1541, Sec. 2.)
  6. 13266.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    Cities, counties, and city and counties must notify the regional board about certain tentative subdivision maps or building permit applications, subject to board regulations and listed exceptions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13266. Pursuant to such regulations as the regional board may prescribe, each city, county, or city and county shall notify the regional board of the filing of a tentative subdivision map, or of any application for a building permit which may involve the discharge of waste, other than discharges into a community sewer system and discharges from dwellings involving five-family units or less. (Added by Stats. 1969, Ch. 482.)
  7. 13267.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A regional board may investigate water quality and require reports or inspections in certain waste-discharge and injection-well matters.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13267. (a) A regional board, in establishing or reviewing any water quality control plan or waste discharge requirements, or in connection with any action relating to any plan or requirement authorized by this division, may investigate the quality of any waters of the state within its region. (b) (1) In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports. (2) When requested by the person furnishing a report, the portions of a report that might disclose trade secrets or secret processes may not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies. However, these portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. (c) In conducting an investigation pursuant to subdivision (a), the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with. The inspection shall be made with the consent of the owner or possessor of the facilities or, if the consent is withheld, with a warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, an inspection may be performed without consent or the issuance of a warrant. (d) The regional board may participate in an inspection of an unlicensed cannabis cultivation site conducted pursuant to a warrant duly issued pursuant to the Penal Code when requested by the party seeking that warrant, and when there is probable cause that the unlicensed cannabis cultivation and its associated activities may involve the discharge of waste in violation of this division or of any principles and guidelines established pursuant to Section 13149. (e) The state board or a regional board may require any person, including a person subject to a waste discharge requirement under Section 13263, who is discharging, or who proposes to discharge, wastes or fluid into an injection well, to furnish the state board or regional board with a complete report on the condition and operation of the facility or injection well, or any other information that may be reasonably required to determine whether the injection well could affect the quality of the waters of the state. (f) As used in this section, “evidence” means any relevant evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in a civil action. (g) The state board may carry out the authority granted to a regional board pursuant to this section if, after consulting with the regional board, the state board determines that it will not duplicate the efforts of the regional board. (Amended by Stats. 2023, Ch. 158, Sec. 5. (SB 756) Effective January 1, 2024.)
  8. 13267.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A regional board or the state board may require disclosure of chemicals in wastewater from an oil or gas field, and may also require the supplier to provide the information if the person or entity cannot get it. Covered information is generally public online except when trade secret protections apply.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13267.5. (a) In conducting an investigation pursuant to Section 13267 that includes collection of information about discharge of wastewater produced from an oil or gas field, a regional board or the state board may require that the applicable person or entity shall furnish to that board information relating to all chemicals in the discharged wastewater pursuant to the procedures set forth in subdivision (b) of Section 13267. (b) If a person or entity subject to the disclosure requirement in subdivision (a) is unable to obtain information about a chemical from the chemical’s supplier for any reason, including, but not limited to, assertion by the supplier of trade secret protections, the regional board or state board may require that the supplier shall furnish that information to that board pursuant to the procedures set forth in subdivision (b) of Section 13267. (c) The trade secret protections of subdivision (b) of Section 13267 shall apply to information disclosed pursuant to subdivision (a) or (b) when requested by a person or entity or a supplier, as applicable. (d) Except as provided in subdivision (c), the information collected by a regional board or the state board pursuant to this section shall be made available to the public on the internet website of the regional board or the state board. (e) In collecting information described in this section, a regional board or the state board may consult with the Geologic Energy Management Division regarding information collected by the division, pursuant to other disclosure requirements, that may be useful to the investigation. (Amended by Stats. 2019, Ch. 771, Sec. 24. (AB 1057) Effective January 1, 2020.)
  9. 13268.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    This section makes it a misdemeanor to fail to submit required reports or information, or to falsify them, and allows civil and criminal penalties. It also lets the state board act for a regional board in limited circumstances.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13268. (a) (1) Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, failing or refusing to furnish information as required by subdivision (a) or (b) of Section 13267.5, or failing or refusing to furnish a statement of compliance as required by subdivision (b) of Section 13399.2, or falsifying any information provided therein, is guilty of a misdemeanor, and may be liable civilly in accordance with subdivision (b). (2) Any person who knowingly commits any violation described in paragraph (1) is subject to criminal penalties pursuant to subdivision (e). (b) (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 of subdivision (a) in an amount which shall 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 of subdivision (a) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs. (c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, who knowingly fails or refuses to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or who knowingly falsifies any information provided in those technical or monitoring program reports, is guilty of a misdemeanor, may be civilly liable in accordance with subdivision (d), and is subject to criminal penalties pursuant to subdivision (e). (d) (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 of subdivision (c) in an amount which shall not exceed five thousand dollars ($5,000) 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 of subdivision (c) in an amount which shall not exceed twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (e) (1) Subject to paragraph (2), any person who knowingly commits any of the violations set forth in subdivision (a) or (c) shall be punished by a fine that does not exceed twenty-five thousand dollars ($25,000). (2) Any person who knowingly commits any of the violations set forth in subdivision (a) or (c) after a prior conviction for a violation set forth in subdivision (a) or (c) shall be punished by a fine that does not exceed twenty-five thousand dollars ($25,000) for each day of the violation. (f) (1) Notwithstanding any other provision of law, fines collected pursuant to subdivision (e) shall be deposited in the Waste Discharge Permit Fund and separately accounted for in that fund. (2) The funds described in paragraph (1) shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste, or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes authorized in Section 13443. (g) The state board may carry out the authority granted to a regional board pursuant to this section if, after consulting with the regional board, the state board determines that it will not duplicate the efforts of the regional board. (Amended by Stats. 2017, Ch. 758, Sec. 2. (AB 1328) Effective January 1, 2018.)
  10. 13269.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    The state board or a regional board may waive certain waste discharge requirements for specific discharges if the waiver is consistent with applicable water quality plans and in the public interest, but waivers have conditions, limited duration, notice, and monitoring/compliance requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13269. (a) (1) On and after January 1, 2000, the provisions of subdivisions (a) and (c) of Section 13260, subdivision (a) of Section 13263, or subdivision (a) of Section 13264 may be waived by the state board or a regional board as to a specific discharge or type of discharge if the state board or a regional board determines, after any necessary state board or regional board meeting, that the waiver is consistent with any applicable state or regional water quality control plan and is in the public interest. The state board or a regional board shall give notice of any necessary meeting by publication pursuant to Section 11125 of the Government Code. (2) A waiver may not exceed five years in duration, but may be renewed by the state board or a regional board. The waiver shall be conditional and may be terminated at any time by the state board or a regional board. The conditions of the waiver shall include, but need not be limited to, the performance of individual, group, or watershed-based monitoring, except as provided in paragraph (3). Monitoring requirements shall be designed to support the development and implementation of the waiver program, including, but not limited to, verifying the adequacy and effectiveness of the waiver’s conditions. In establishing monitoring requirements, the regional board may consider the volume, duration, frequency, and constituents of the discharge; the extent and type of existing monitoring activities, including, but not limited to, existing watershed-based, compliance, and effectiveness monitoring efforts; the size of the project area; and other relevant factors. Monitoring results shall be made available to the public. (3) The state board or a regional board may waive the monitoring requirements described in this subdivision for discharges that it determines do not pose a significant threat to water quality. (4) (A) The state board or a regional board may include as a condition of a waiver the payment of an annual fee established by the state board in accordance with subdivision (f) of Section 13260. (B) Funds generated by the payment of the fee shall be deposited in the Waste Discharge Permit Fund for expenditure, upon appropriation by the Legislature, by the state board or appropriate regional board for the purpose of carrying out activities limited to those necessary to establish and implement the waiver program pursuant to this section. The total amount of annual fees collected pursuant to this section shall not exceed the costs of those activities necessary to establish and implement waivers of waste discharge requirements pursuant to this section. (C) In establishing the amount of a fee that may be imposed on irrigated agriculture operations pursuant to this section, the state board shall consider relevant factors, including, but not limited to, all of the following: (i) The size of the operations. (ii) Any compliance costs borne by the operations pursuant to state and federal water quality regulations. (iii) Any costs associated with water quality monitoring performed or funded by the operations. (iv) Participation in a watershed management program approved by the applicable regional board. (D) In establishing the amount of a fee that may be imposed on silviculture operations pursuant to this section, the state board shall consider relevant factors, including, but not limited to, all of the following: (i) The size of the operations. (ii) Any compliance costs borne by the operations pursuant to state and federal water quality regulations. (iii) Any costs associated with water quality monitoring performed or funded by the operations. (iv) The average annual number of timber harvest plans proposed by the operations. (5) The state board or a regional board shall give notice of the adoption of a waiver by publication within the affected county or counties as set forth in Section 6061 of the Government Code. (b) (1) A waiver in effect on January 1, 2000, shall remain valid until January 1, 2003, unless the regional board terminates that waiver prior to that date. All waivers that were valid on January 1, 2000, and granted an extension until January 1, 2003, and not otherwise terminated, may be renewed by a regional board in five-year increments. (2) Notwithstanding paragraph (1), a waiver for an onsite sewage treatment system that is in effect on January 1, 2002, shall remain valid until June 30, 2004, unless the regional board terminates the waiver prior to that date. Any waiver for onsite sewage treatment systems adopted or renewed after June 30, 2004, shall be consistent with the applicable regulations or standards for onsite sewage treatment systems adopted or retained in accordance with Section 13291. (c) Upon notification of the appropriate regional board of the discharge or proposed discharge, except as provided in subdivision (d), the provisions of subdivisions (a) and (c) of Section 13260, subdivision (a) of Section 13263, and subdivision (a) of Section 13264 do not apply to a discharge resulting from any of the following emergency activities: (1) Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (2) Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide within one year of the damage. This paragraph does not exempt from this section any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. (d) Subdivision (c) is not a limitation of the authority of a regional board under subdivision (a) to determine that any provision of this division shall not be waived or to establish conditions of a waiver. Subdivision (c) shall not apply to the extent that it is inconsistent with any waiver or other order or prohibition issued under this division. (e) The regional boards and the state board shall require compliance with the conditions pursuant to which waivers are granted under this section. (f) Prior to renewing any waiver for a specific type of discharge established under this section, the state board or a regional board shall review the terms of the waiver policy at a public hearing. At the hearing, the state board or a regional board shall determine whether the discharge for which the waiver policy was established should be subject to general or individual waste discharge requirements. (Amended by Stats. 2004, Ch. 183, Sec. 360. Effective January 1, 2005.)
  11. 13270.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A lessor public agency is exempt from filing a waste discharge report, and the regional and state boards may not prescribe waste discharge requirements for that agency, when the land is leased for waste disposal to another public agency or a regulated public utility, if the lease does not unreasonably restrict the lessee’s compliance.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13270. Where a public agency as defined in subdivision (b) of Section 13400 leases land for waste disposal purposes to any other public agency, including the State of California, or to any public utility regulated by the Public Utilities Commission, the provisions of Sections 13260, 13263, and 13264 shall not require the lessor public agency to file any waste discharge report for the subject waste disposal, and the regional board and the state board shall not prescribe waste discharge requirements for the lessor public agency as to such land provided that the lease from the lessor public agency shall not contain restrictions which would unreasonably limit the ability of the lessee to comply with waste discharge requirements appurtenant to the leased property. (Added by Stats. 1974, Ch. 207.)
  12. 13271.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    If a person causes or permits a hazardous substance or sewage discharge into state waters, they must promptly notify the Office of Emergency Services unless a listed exception applies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13271. (a) (1) Except as provided by subdivision (b), any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the state, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (A) that person has knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code. (2) The Office of Emergency Services shall immediately notify the appropriate regional board, the local health officer, and the director of environmental health of the discharge. The regional board shall notify the state board as appropriate. (3) Upon receiving notification of a discharge pursuant to this section, the local health officer and the director of environmental health shall immediately determine whether notification of the public is required to safeguard public health and safety. If so, the local health officer and the director of environmental health shall immediately notify the public of the discharge by posting notices or other appropriate means. The notification shall describe measures to be taken by the public to protect the public health. (b) The notification required by this section shall not apply to a discharge in compliance with waste discharge requirements or other provisions of this division. (c) Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or imprisonment in a county jail for not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land which does not result in a discharge to the waters of this state. (d) Notification received pursuant to this section or information obtained by use of that notification shall not be used against any person providing the notification in any criminal case, except in a prosecution for perjury or giving a false statement. (e) For substances listed as hazardous wastes or hazardous material pursuant to Section 25140 of the Health and Safety Code, the state board, in consultation with the Department of Toxic Substances Control, shall by regulation establish reportable quantities for purposes of this section. The regulations shall be based on what quantities should be reported because they may pose a risk to public health or the environment if discharged to groundwater or surface water. Regulations need not set reportable quantities on all listed substances at the same time. Regulations establishing reportable quantities shall not supersede waste discharge requirements or water quality objectives adopted pursuant to this division, and shall not supersede or affect in any way the list, criteria, and guidelines for the identification of hazardous wastes and extremely hazardous wastes adopted by the Department of Toxic Substances Control pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. The regulations of the Environmental Protection Agency for reportable quantities of hazardous substances for purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) shall be in effect for purposes of the enforcement of this section until the time that the regulations required by this subdivision are adopted. (f) (1) The state board shall adopt regulations establishing reportable quantities of sewage for purposes of this section. The regulations shall be based on the quantities that should be reported because they may pose a risk to public health or the environment if discharged to groundwater or surface water. Regulations establishing reportable quantities shall not supersede waste discharge requirements or water quality objectives adopted pursuant to this division. For purposes of this section, “sewage” means the effluent of a municipal wastewater treatment plant or a private utility wastewater treatment plant, as those terms are defined in Section 13625, except that sewage does not include recycled water, as defined in subdivisions (c) and (d) of Section 13529.2. (2) A collection system owner or operator, as defined in paragraph (1) of subdivision (a) of Section 13193, in addition to the reporting requirements set forth in this section, shall submit a report pursuant to subdivision (c) of Section 13193. (g) Except as otherwise provided in this section and Section 8589.7 of the Government Code, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency. When notifying the Office of Emergency Services, the person shall include all of the notification information required in the permit. (h) For the purposes of this section, the reportable quantity for perchlorate shall be 10 pounds or more by discharge to the receiving waters, unless a more restrictive reporting standard for a particular body of water is adopted pursuant to subdivision (e). (i) Notification under this section does not nullify a person’s responsibility to notify the local health officer or the director of environmental health pursuant to Section 5411.5 of the Health and Safety Code. (Amended by Stats. 2013, Ch. 352, Sec. 532. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  13. 13272.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    People who cause or allow an oil or petroleum product discharge into state waters must immediately notify the Office of Emergency Services once they know about it and notification is possible without slowing cleanup or emergency response.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13272. (a) Except as provided by subdivision (b), any person who, without regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the state, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the California oil spill contingency plan adopted pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code. (b) The notification required by this section shall not apply to a discharge in compliance with waste discharge requirements or other provisions of this division. (c) Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each day of failure to notify, or imprisonment of not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land that does not result in a discharge to the waters of this state. This subdivision shall not apply to any person who is fined by the federal government for a failure to report a discharge of oil. (d) Notification received pursuant to this section or information obtained by use of that notification shall not be used against any person providing the notification in any criminal case, except in a prosecution for perjury or giving a false statement. (e) Immediate notification to the appropriate regional board of the discharge, in accordance with reporting requirements set under Section 13267 or 13383, shall constitute compliance with the requirements of subdivision (a). (f) The reportable quantity for oil or petroleum products shall be one barrel (42 gallons) or more, by direct discharge to the receiving waters, unless a more restrictive reporting standard for a particular body of water is adopted. (Amended by Stats. 2014, Ch. 35, Sec. 184. (SB 861) Effective June 20, 2014.)
  14. 13272.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    Each regional board must quarterly publish and distribute MTBE discharge and groundwater-detection lists to public water system operators in its region.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13272.1. Each regional board shall publish and distribute on a quarterly basis to all public water system operators within the region of the regional board, a list of discharges of MTBE that occurred during the quarter and a list of locations where MTBE was detected in the groundwater within the region of the regional board. (Added by Stats. 1997, Ch. 815, Sec. 4. Effective January 1, 1998.)
  15. 13273.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    The state board must rank solid waste disposal sites, and operators of ranked sites must submit solid waste water quality assessment tests on set dates.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13273. (a) The state board shall, on or before January 1, 1986, rank all solid waste disposal sites, as defined in paragraph (5) of subdivision (i) of Section 41805.5 of the Health and Safety Code, based upon the threat they may pose to water quality. On or before July 1, 1987, the operators of the first 150 solid waste disposal sites ranked on the list shall submit a solid waste water quality assessment test to the appropriate regional board for its examination pursuant to subdivision (d). On or before July 1 of each succeeding year, the operators of the next 150 solid waste disposal sites ranked on the list shall submit a solid waste water quality assessment test to the appropriate regional board for its examination pursuant to subdivision (d). (b) Before a solid waste water quality assessment test report may be submitted to the regional board, a professional geologist, registered pursuant to Section 7850 of the Business and Professions Code, a certified engineering geologist, certified pursuant to Section 7842 of the Business and Professions Code, or a civil engineer registered pursuant to Section 6762 of the Business and Professions Code, who has at least five years’ experience in groundwater hydrology, shall certify that the report contains all of the following information and any other information which the state board may, by regulation, require: (1) An analysis of the surface and groundwater on, under, and within one mile of the solid waste disposal site to provide a reliable indication whether there is any leakage of hazardous waste. (2) A chemical characterization of the soil-pore liquid in those areas which are likely to be affected if the solid waste disposal site is leaking, as compared to geologically similar areas near the solid waste disposal site which have not been affected by leakage or waste discharge. (c) If the regional board determines that the information specified in paragraph (1) or (2) is not needed because other information demonstrates that hazardous wastes are migrating into the water, the regional board may waive the requirement to submit this information specified in paragraphs (1) and (2) of subdivision (b). The regional board shall also notify the Department of Toxic Substances Control, and shall take appropriate remedial action pursuant to Chapter 5 (commencing with Section 13300). (d) The regional board shall examine the report submitted pursuant to subdivision (b) and determine whether the number, location, and design of the wells and the soil testing could detect any leachate buildup, leachate migration, or hazardous waste migration. If the regional board determines that the monitoring program could detect the leachate and hazardous waste, the regional board shall take the action specified in subdivision (e). If the regional board determines that the monitoring program was inadequate, the regional board shall require the solid waste disposal site to correct the monitoring program and resubmit the solid waste assessment test based upon the results from the corrected monitoring program. (e) The regional board shall examine the approved solid waste assessment test report and determine whether any hazardous waste migrated into the water. If the regional board determines that hazardous waste has migrated into the water, it shall notify the Department of Toxic Substances Control and the California Integrated Waste Management Board and shall take appropriate remedial action pursuant to Chapter 5 (commencing with Section 13300). (f) When a regional board revises the waste discharge requirements for a solid waste disposal site, the regional board shall consider the information provided in the solid waste assessment test report and any other relevant site-specific engineering data provided by the site operator for that solid waste disposal site as part of a report of waste discharge. (Amended by Stats. 2004, Ch. 865, Sec. 38. Effective January 1, 2005.)
  16. 13273.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    Operators of solid waste disposal sites may submit a questionnaire to the regional board, but some larger or hazardous sites are barred from using that process.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13273.1. (a) Except as provided in subdivision (b), an operator of a solid waste disposal site may submit a solid waste assessment questionnaire to the appropriate regional board at least 24 months prior to the site’s solid waste water quality assessment test due date as established pursuant to Section 13273. The regional board shall require the operator to submit any additional information, as needed, or require onsite verification of the solid waste assessment questionnaire data in order to render a decision pursuant to subdivision (c). (b) Any solid waste disposal site which is larger than 50,000 cubic yards or is known or suspected to contain hazardous substances, other than household hazardous wastes, shall be prohibited from submitting a solid waste assessment questionnaire under this section. (c) The regional board shall complete a thorough analysis of each solid waste assessment questionnaire submitted pursuant to this section by a date 18 months prior to the solid waste assessment test due date. Based upon this analysis, the regional board shall determine whether or not the site has discharged hazardous substances which will impact the beneficial uses of water. If the regional board determines that the site has not so discharged hazardous substances, the regional board shall notify the operator that the operator is not required to prepare a solid waste water quality assessment test pursuant to Section 13273. (d) If the regional board does not make the determination specified in subdivision (c), the operator shall submit all, or a portion of, a solid waste water quality assessment test. The regional board shall notify the operator of this determination and indicate if all, or what portion of, a solid waste water quality assessment test shall be required. The operator shall submit the solid waste water quality assessment test, or a portion thereof, by the date established pursuant to Section 13273. (e) The state board shall develop a solid waste assessment questionnaire and guidelines for submittal no later than three months after the effective date of this statute adding this section. The questionnaire shall contain, but not be limited to, a characterization of the wastes, size of the site, age of the site, and other appropriate factors. (f) Those operators of solid waste disposal sites listed by the state board pursuant to Section 13273 in Rank 3 and seeking an exemption under this section shall submit their solid waste assessment questionnaire no later than July 1, 1988. If the regional board does not make the determination specified in subdivision (c), the regional board shall require the operator to submit all, or a portion of, a solid waste water quality assessment test by July 1, 1990. (Added by Stats. 1987, Ch. 932, Sec. 2. Effective September 22, 1987.)
  17. 13273.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A regional board may reevaluate certain solid waste disposal sites and may require the operator to submit or revise a solid waste water quality assessment test after July 1, 1989. The board must give the operator written notice with the due date.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13273.2. Notwithstanding subdivision (b) of Section 13273.1, a regional board may reevaluate the status of any solid waste disposal site ranked pursuant to Section 13273, including those sites exempted pursuant to Section 13273.1, and may require the operator to submit or revise a solid waste water quality assessment test after July 1, 1989. The regional board shall give written notification to the operator that a solid waste assessment test is required and the due date. This section shall not require submittal of a solid waste water quality assessment test by a date earlier than established in accordance with Section 13273. (Added by Stats. 1987, Ch. 932, Sec. 3. Effective September 22, 1987.)
  18. 13273.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    This section defines “operator” for Sections 13273, 13273.1, and 13273.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13273.3. As used in Sections 13273, 13273.1, and 13273.2, “operator” means a person who operates or manages, or who has operated or managed, the solid waste disposal site. If the operator of the solid waste disposal site no longer exists, or is unable, as determined by the regional board, to comply with the requirements of Section 13273, 13273.1, or 13273.2, “operator” means any person who owns or who has owned the solid waste disposal site. (Added by Stats. 1987, Ch. 932, Sec. 4. Effective September 22, 1987.)
  19. 13273.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A qualifying small city operating a Class III solid waste disposal site is exempt from submitting the specified water quality assessment report, and may also be exempt from further assessment tests for seven years or longer if the regional board sets a longer period.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13273.5. Notwithstanding Section 13273, a small city which operates a Class III solid waste disposal site is not required to submit a solid waste water quality assessment test report pursuant to Section 13273 if the city has a population of less than 20,000 persons, the solid waste disposal site receives less than 20,000 tons of waste per year, the water table of the highest aquifer under the disposal site is 250 or more feet below the base of the disposal site and the water in the highest aquifer is not potable, and the site receives less than an average of 12 inches of rainfall per year. This section applies only if the disposal site is operational and has been granted all required permits as of January 1, 1991, if the site is located in Kings County, and if the city has completed an initial solid waste water quality assessment test and a solid waste air quality assessment test which establish that no significant air or water contamination has occurred, and, in that event, the city shall be exempted from conducting further assessment tests for seven years, or any longer time specified by the regional board, after the date of the initial assessment tests. (Added by Stats. 1990, Ch. 1361, Sec. 3.)
  20. 13274.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    The state board or a regional board must issue general waste discharge requirements for certain sewage sludge and other biological solids, and those requirements replace individual ones.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13274. (a) (1) The state board or a regional board, upon receipt of applications for waste discharge requirements for discharges of dewatered, treated, or chemically fixed sewage sludge and other biological solids, shall prescribe general waste discharge requirements for that sludge and those other solids. General waste discharge requirements shall replace individual waste discharge requirements for sewage sludge and other biological solids, and their prescription shall be considered to be a ministerial action. (2)The general waste discharge requirements shall set minimum standards for agronomic applications of sewage sludge and other biological solids and the use of that sludge and those other solids as a soil amendment or fertilizer in agriculture, forestry, and surface mining reclamation, and may permit the transportation of that sludge and those other solids and the use of that sludge and those other solids at more than one site. The requirements shall include provisions to mitigate significant environmental impacts, potential soil erosion, odors, the degradation of surface water quality or fish or wildlife habitat, the accidental release of hazardous substances, and any potential hazard to the public health or safety. (b) The state board or a regional board, in prescribing general waste discharge requirements pursuant to this section, shall comply with Division 13 (commencing with Section 21000) of the Public Resources Code and guidelines adopted pursuant to that division, and shall consult with the State Air Resources Board, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery. (c) The state board or a regional board may charge a reasonable fee to cover the costs incurred by the board in the administration of the application process relating to the general waste discharge requirements prescribed pursuant to this section. (d) Notwithstanding any other law, except as specified in subdivisions (f) to (i), inclusive, general waste discharge requirements prescribed by a regional board pursuant to this section supersede regulations adopted by any other state agency to regulate sewage sludge and other biological solids applied directly to agricultural lands at agronomic rates. (e) The state board or a regional board shall review general waste discharge requirements for possible amendment upon the request of any state agency, including, but not limited to, the Department of Food and Agriculture and the State Department of Public Health, if the board determines that the request is based on new information. (f) This section is not intended to affect the jurisdiction of the Department of Resources Recycling and Recovery to regulate the handling of sewage sludge or other biological solids for composting, deposit in a landfill, or other use. (g) This section is not intended to affect the jurisdiction of the State Air Resources Board or an air pollution control district or air quality management district to regulate the handling of sewage sludge or other biological solids for incineration. (h) This section is not intended to affect the jurisdiction of the Department of Food and Agriculture in enforcing Sections 14591 and 14631 of the Food and Agricultural Code and any regulations adopted pursuant to those sections, regarding the handling of sewage sludge and other biological solids sold or used as fertilizer or as a soil amendment. (i) This section does not restrict the authority of a local government agency to regulate the application of sewage sludge and other biological solids to land within the jurisdiction of that agency, including, but not limited to, the planning authority of the Delta Protection Commission, the resource management plan of which is required to be implemented by local government general plans. (Amended (as amended by Stats. 1998, Ch. 485) by Stats. 2010, Ch. 288, Sec. 23. (SB 1169) Effective January 1, 2011.)
  21. 13275.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    A regulated public water system may have the same legal rights and remedies as a private landowner against a responsible party when its water supply is contaminated.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13275. (a) Notwithstanding any other law, a public water system regulated by the state board pursuant to Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code shall have the same legal rights and remedies against a responsible party, when the water supply used by that public water system is contaminated, as those of a private land owner whose groundwater has been contaminated. (b) For purposes of this section, “responsible party” has the same meaning as defined in Section 78145 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 125. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  22. 13276.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. )

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    The listed water-quality agencies must keep enforcing cannabis-cultivation controls statewide, and the state board or regional board must address waste discharges from cannabis cultivation.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Waste Discharge Requirements [13260 - 13276] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13276. (a) The multiagency task force, the Department of Fish and Wildlife and state board pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by cannabis cultivation on public and private lands in California, shall continue its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of cannabis cultivation on water quality and on fish and wildlife throughout the state. (b) The state board or the appropriate regional board shall address discharges of waste resulting from cannabis cultivation under Division 10 (commencing with Section 26000) of the Business and Professions Code and associated activities, including by adopting a general permit, establishing waste discharge requirements, or taking action pursuant to Section 13269. In addressing these discharges, the state board or the regional board shall include conditions to address items that include, but are not limited to, all of the following: (1) Site development and maintenance, erosion control, and drainage features. (2) Stream crossing installation and maintenance. (3) Riparian and wetland protection and management. (4) Soil disposal. (5) Water storage and use. (6) Irrigation runoff. (7) Fertilizers and soil. (8) Pesticides and herbicides. (9) Petroleum products and other chemicals. (10) Cultivation-related waste. (11) Refuse and human waste. (12) Cleanup, restoration, and mitigation. (Amended by Stats. 2018, Ch. 92, Sec. 217. (SB 1289) Effective January 1, 2019. Note: This section was amended on Nov. 8, 2016, by initiative Prop. 64.)
  23. 13280.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

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    A decision not to permit waste discharge from certain individual disposal or community collection systems must be backed by substantial evidence in the record showing specified harm to water quality or water uses.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13280. A determination that discharge of waste from existing or new individual disposal systems or from community collection and disposal systems which utilize subsurface disposal should not be permitted shall be supported by substantial evidence in the record that discharge of waste from such disposal systems will result in violation of water quality objectives, will impair present or future beneficial uses of water, will cause pollution, nuisance, or contamination, or will unreasonably degrade the quality of any waters of the state. (Added by Stats. 1977, Ch. 1194.)
  24. 13281.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

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    The regional board must consider relevant evidence when making certain discharge determinations, and it must prohibit some waste discharges from individual disposal systems in specified small parcels where a sewer is available.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13281. (a) In making a determination pursuant to Section 13280, except as specified in subdivision (b), the regional board shall consider all relevant evidence related to the discharge, including, but not limited to, those factors set forth in Section 13241, information provided pursuant to Section 117435 of the Health and Safety Code, possible adverse impacts if the discharge is permitted, failure rates of any existing individual disposal systems whether due to inadequate design, construction, maintenance, or unsuitable hydrogeologic conditions, evidence of any existing, prior, or potential contamination, existing and planned land use, dwelling density, historical population growth, and any other criteria as may be established pursuant to guidelines, regulations, or policies adopted by the state board. (b) (1) To the extent that resources are available for that purpose, the regional board shall prohibit the discharge of waste from existing or new individual disposal systems on parcels of less than one-half acre that overlie the Mission Creek Aquifer or the Desert Hot Springs Aquifer in Riverside County, if a sewer system is available. (2) For parcels of one-half acre or greater that overlie the aquifers described in paragraph (1), the maximum number of equivalent dwelling units with individual disposal systems shall be two per acre. For the purpose of this paragraph, the term “equivalent dwelling unit” means a single family dwelling as defined in Section 221.0 of the 1997 edition of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (3) For the purposes of this subdivision, a sewer system is available if a sewer system, or a building connected to a sewer system, is within 200 feet of the existing or proposed dwelling unit, in accordance with Section 713.4 of the 1997 edition of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (4) To the extent that resources are available for the purposes of this subdivision, the regional board shall achieve compliance with this subdivision on or before January 1, 2004. (Amended by Stats. 1998, Ch. 437, Sec. 1. Effective January 1, 1999.)
  25. 13282.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

    Verify source ↗

    Individual disposal system discharges are permitted only when specified water-quality and system-design conditions are met, and an authorized public agency must notify the regional board if the systems are not adequately designed and maintained.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13282. (a) If it appears that adequate protection of water quality, protection of beneficial uses of water, and prevention of nuisance, pollution, and contamination can be attained by appropriate design, location, sizing, spacing, construction, and maintenance of individual disposal systems in lieu of elimination of discharges from systems, and if an authorized public agency provides satisfactory assurance to the regional board that the systems will be appropriately designed, located, sized, spaced, constructed, and maintained, the discharges shall be permitted so long as the systems are adequately designed, located, sized, spaced, constructed, and maintained. (b) An authorized public agency shall notify the regional board if the systems are not adequately designed, located, sized, spaced, constructed, and maintained. (c) For purposes of this section, “authorized public agency” means a public agency authorized by a water quality control board and having authority to ensure that systems are adequately designed, located, sized, spaced, constructed, and maintained. (Amended by Stats. 1994, Ch. 1177, Sec. 3. Effective January 1, 1995.)
  26. 13283.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

    Verify source ↗

    When reviewing a determination about whether waste discharge from an existing or new individual disposal system should be allowed, the state board must preliminarily review possible alternatives.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13283. In reviewing any determination that discharge of waste from existing or new individual disposal systems should not be permitted, the state board shall include a preliminary review of possible alternatives necessary to achieve protection of water quality and present and future beneficial uses of water, and prevention of nuisance, pollution, and contamination, including, but not limited to, community collection and waste disposal systems which utilize subsurface disposal, and possible combinations of individual disposal systems, community collection and disposal systems which utilize subsurface disposal, and conventional treatment systems. (Added by Stats. 1977, Ch. 1194.)
  27. 13284.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

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    The state board may adopt guidelines, regulations, or policies to implement this article.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13284. The state board may adopt guidelines, regulations, or policies necessary to implement the provisions of this article. (Added by Stats. 1977, Ch. 1194.)
  28. 13285.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

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    MTBE discharges that threaten drinking water or certain waters must be cleaned up, and public water systems generally are not responsible for MTBE remediation or treatment costs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13285. (a) A discharge from a storage tank, pipeline, or other container of methyl tertiary-butyl ether (MTBE), or of any pollutant that contains MTBE, that poses a threat to drinking water, or to groundwater or surface water that may reasonably be used for drinking water, or to coastal waters shall be cleaned up to a level consistent with subdivisions (a) and (b) of Section 25296.10 of the Health and Safety Code. (b) (1) A public water system, or its customers, shall not be responsible for remediation or treatment costs associated with MTBE, or a product that contains MTBE. However, the public water system may, as necessary, incur MTBE remediation and treatment costs and include those costs in its customer rates and charges that are necessary to comply with drinking water standards or directives of the state board or other lawful authority. A public water system that incurs MTBE remediation or treatment costs may seek recovery of those costs from parties responsible for the MTBE contamination, or from other available alternative sources of funds. (2) If the public water system has included the costs of MTBE treatment and remediation in its customer rates and charges, and subsequently recovers all, or a portion of, its MTBE treatment and remediation costs from responsible parties or other available alternative sources of funds, it shall make an adjustment to its schedule of rates and charges to reflect the amount of funding received from responsible parties or other available alternative sources of funds for MTBE treatment or remediation. (3) Paragraph (1) does not prevent the imposition of liability on any person for the discharge of MTBE if that liability is due to the conduct or status of that person independently of whether the person happens to be a customer of the public water system. (Amended by Stats. 2015, Ch. 673, Sec. 27. (AB 1531) Effective January 1, 2016.)
  29. 13286.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

    Verify source ↗

    The regional board must prohibit certain wastewater discharges in the Cove area of Cathedral City, and it must update its water quality control plan accordingly.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13286. (a) On and after January 1, 2012, the appropriate regional board shall prohibit the discharge of wastewater into the ground through the use of individual subsurface disposal systems in the Cove area of Cathedral City in Riverside County for the purposes of protecting the health and safety of the residents consuming the groundwater of the Upper Coachella Valley Groundwater Basin and achieving the applicable water quality objectives. (b) The appropriate regional board shall revise its water quality control plan to reflect the prohibition set forth in subdivision (a). (c) Notwithstanding subdivisions (a) and (b), the appropriate regional board, prior to January 1, 2012, may prohibit the discharge of wastewater through the use of individual subsurface disposal systems in the Cove area of Cathedral City in Riverside County, and if so prohibited, that board shall revise its water quality control plan to reflect the prohibition. (d) To ensure that the purposes of this section are fulfilled, the state board, using existing resources, shall assist Cathedral City to identify and obtain state and federal funds to establish a sanitary public domestic and commercial wastewater disposal system. (Added by Stats. 2001, Ch. 700, Sec. 2. Effective January 1, 2002.)
  30. 13286.9.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. )

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    The Orange County Sanitation District must ensure wastewater discharged into the Pacific Ocean meets at least secondary treatment requirements, plus any stricter requirements set by the state board or regional board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4. Regional Water Quality Control [13200 - 13286.9] ( Chapter 4 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Individual Disposal Systems [13280 - 13286.9] ( Article 5 added by Stats. 1977, Ch. 1194. ) ## 13286.9. On and after the date determined by the Santa Ana Regional Water Quality Control Board, or January 1, 2013, whichever is earlier, all wastewater discharged by the Orange County Sanitation District into the Pacific Ocean shall be subject to at least secondary treatment requirements pursuant to subparagraph (B) of paragraph (1) of subsection (b) of Section 301 of the Clean Water Act (33 U.S.C. Sec. 1311(b)(1)(B)), and any more stringent requirements determined to be appropriate by the state board or that regional board. (Added by Stats. 2002, Ch. 1019, Sec. 1. Effective September 28, 2002.)
  31. 13287.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.1. Ex Parte Communications [13287- 13287.] ( Chapter 4.1 added by Stats. 2012, Ch. 551, Sec. 4. )

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    Interested persons must report and file notice of ex parte communications with the board, and board staff must post those notices.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.1. Ex Parte Communications [13287- 13287.] ( Chapter 4.1 added by Stats. 2012, Ch. 551, Sec. 4. ) ## 13287. (a) For the purposes of this section: (1) “Board” means the state board or a regional board. (2) “Ex parte communication” means an oral or written communication with one or more board members concerning matters, other than a matter of procedure or practice that is not in controversy, under the jurisdiction of a board, regarding a pending action of the board that satisfies both of the following: (A) The action does not identify specific persons as dischargers, but instead allows persons to enroll or file an authorization to discharge under the action. (B) The action is for adoption, modification, or rescission of one or more of the following: (i) Waste discharge requirements pursuant to Section 13263 or 13377. (ii) Conditions of water quality certification pursuant to Section 13160. (iii) Conditional waiver of waste discharge requirements pursuant to Section 13269. (3) “Interested person” means any of the following: (A) Any person who will be required to enroll or file authorization to discharge pursuant to the action at issue before the board or that person’s agents or employees, including persons receiving consideration to represent that person. (B) Any person with a financial interest, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the Government Code, in a matter at issue before a board, or that person’s agents or employees, including persons receiving consideration to represent that person. (C) A representative acting on behalf of any formally organized civic, environmental, neighborhood, business, labor, trade, or similar association who intends to influence the decision of a board member on a matter before the board. (b) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to a board action identified in paragraph (2) of subdivision (a). This section only applies to those actions. (c) For the purposes of this section, and except as limited by subdivision (d), ex parte communications regarding a board action identified in paragraph (2) of subdivision (a) may be permitted as follows: (1) All ex parte communications shall be reported by the interested person, regardless of whether the communication was initiated by the interested person. (2) A notice of ex parte communication shall be filed with the board within seven working days of the communication. The notice may address multiple ex parte communications in the same proceeding, provided that notice of each communication identified therein is timely. The notice shall include all of the following information: (A) The date, time, and location of the communication, and whether it was oral or written, or both. (B) The identities of each board member involved, the person initiating the communication, and any persons present during the communication. (C) A description of the interested person’s communication and the content of this communication. A copy of any written, audiovisual, or other material used for or during the communication shall be attached to this description. (3) Board staff shall promptly post any notices provided pursuant to paragraph (2) on the board’s Internet Web site and distribute the notice on any available electronic distribution list concerning the action. (d) A board may prohibit ex parte communications for a period beginning not more than 14 days before the day of a board meeting at which the decision in the proceeding is scheduled for board action. If a board continues the decision, it may permit ex parte communications during the interval between the originally scheduled date and the date that the decision is calendared for final decision, and may prohibit ex parte communications for 14 days before the day of the board meeting to which the decision is continued. (e) If an interested person fails to provide any required notice in the manner required by this section, the board may use any of the remedies available pursuant to the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code), including the issuance of an enforcement order, or sanctions pursuant to Article 12 (commencing with Section 11455.10) of Chapter 4 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2012, Ch. 551, Sec. 4. (SB 965) Effective January 1, 2013.)
  32. 13288.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.3. Sewer Service [13288 - 13289.5] ( Chapter 4.3 added by Stats. 2018, Ch. 982, Sec. 2. )

    Verify source ↗

    This section defines terms used in Chapter 4.3 on sewer service.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.3. Sewer Service [13288 - 13289.5] ( Chapter 4.3 added by Stats. 2018, Ch. 982, Sec. 2. ) ## 13288. For purposes of this chapter, the following definitions apply: (a) “Adequate sewer service” means a sanitary sewer service provided by a sewer service provider that is not an inadequate sewer service, as defined in subdivision (j). (b) “Administrator” means a person whom the state board has determined is competent and willing to perform the administrative, technical, operational, legal, or managerial services required for purposes of this chapter, pursuant to criteria set forth in the handbook described in subdivision (i) of Section 13289.5. An administrator may be any qualified individual, firm, or another sewer service provider. (c) “Affected residence” means a residence within a disadvantaged community that may be subject to provision of sewer service pursuant to this chapter. (d) “Affected resident” means a resident or a property owner of an affected residence. (e) “Annexation” has the same meaning as set forth in Section 56017 of the Government Code. (f) “Designated sewer system” means a sewer service provider that serves a disadvantaged community that is either an inadequate sewer service or a sewer system that has a demonstrated failure to maintain technical, managerial, or financial capacity to prevent waste, fraud, and abuse. (g) “Disadvantaged community” means a disadvantaged community, as defined in Section 79505.5, or a low-income community, as defined in Section 39713 of the Health and Safety Code. (h) “Extension of service” has the same meaning as set forth in Section 56133 of the Government Code. (i) “Inadequate onsite sewage treatment system” means an onsite sewage treatment system that has the reasonable potential to cause a violation of water quality objectives, to impair present or future beneficial uses of water, or to cause pollution, nuisance, or contamination of waters of the state. (j) (1) “Inadequate sewer service” means a sewer service provider that serves a disadvantaged community, has a demonstrated history of failures to meet regulatory standards for proper wastewater collection, treatment, and disposal, and may exhibit deficiencies, such as infrastructure failure, insufficient capacity, or ineffective treatment of wastewater. (2) A demonstrated history of failures to meet regulatory standards may include, but is not limited to, multiple violations, multiple instances of noncompliance with enforcement actions, or refusal to accept compliance assistance. (k) (1) “Onsite sewage treatment system” means an onsite sewage treatment system, as defined in Section 13290, that is not operated by a local agency, as defined in Section 56054 of the Government Code, or a utility regulated by the Public Utilities Commission. (2) “Onsite sewage treatment system” includes, but is not limited to, a septic tank, cesspool, leach field, and seepage pit. (l) “Provision of sewer service” means the provision of sanitary sewer service, including the collection or treatment of sewage, to a disadvantaged community by any of the following processes: (1) Annexation where the receiving sewer system is a special district. (2) Extension of service where the receiving sewer system is a city, county, or special district. (3) Additional sewer service provided within city, county, or special district boundaries. (m) “Receiving sewer system” means the sewer system that provides service to a disadvantaged community pursuant to this chapter. (n) “Sewer service provider” means any local agency that provides sanitary sewer service, which may include wastewater collection, treatment, disposal, or any combination thereof. (o) “Special district” means a special district as defined in Section 56036 of the Government Code. (Amended by Stats. 2024, Ch. 505, Sec. 2. (AB 805) Effective September 24, 2024.)
  33. 13289.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.3. Sewer Service [13288 - 13289.5] ( Chapter 4.3 added by Stats. 2018, Ch. 982, Sec. 2. )

    Verify source ↗

    The regional board may order sewer service for a disadvantaged community with inadequate onsite sewage systems, and the state board must support the process and funding if an order is issued.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.3. Sewer Service [13288 - 13289.5] ( Chapter 4.3 added by Stats. 2018, Ch. 982, Sec. 2. ) ## 13289. (a) (1) Except as provided in paragraph (4), where a disadvantaged community or residents of a disadvantaged community are served by one or more inadequate onsite sewage treatment systems, the regional board may order the provision of sewer service by a receiving sewer system to the disadvantaged community, or to all or a portion of the area within the disadvantaged community. The regional board may set timelines and performance measures to facilitate completion of the provision of sewer service. (2) In issuing an order pursuant to paragraph (1), the regional board is not required to determine that all of the onsite sewage treatment systems in the disadvantaged community, or portion of the disadvantaged community, to be provided with sewer service are inadequate onsite sewage treatment systems. (3) (A) The property owner of an affected residence may opt out of an order for the provision of sewer service for a maximum of five years for the residence from the date of the issuance of the order by demonstrating to the regional board that the affected residence is served by an onsite sewage treatment system that meets both of the following criteria: (i) The onsite sewage treatment system was installed no more than 10 years prior to the issuance of the order. (ii) The onsite sewage treatment system is not an inadequate onsite sewage treatment system. (B) A property owner who opted out pursuant to subparagraph (A) shall be responsible for the payment of reasonable standby charges to the receiving sewer system. (C) Subsequent property owners of an affected residence that has opted out pursuant to subparagraph (A) shall have the option of opting in to the provision of sewer service pursuant to the order upon gaining ownership of the affected residence. The subsequent property owners shall have access to all financial assistance made available under this section, including connection fees and infrastructure costs, if any, available to the affected residence. (4) The regional board shall not require the provision of sewer service to a disadvantaged community by a receiving sewer system if the service territory of the receiving sewer system is more than three miles away from the disadvantaged community. (b) (1) Before ordering the provision of sewer service as provided in this section, the regional board shall do all of the following: (A) Encourage voluntary provision of sewer service, which may include voluntary annexation to a city. (B) Consider other enforcement remedies specified in this division. (C) Consult with, and consider input from, the relevant local agency formation commission regarding the sewer service in the affected area, the recommendations for improving service in a municipal service review, and any other relevant information. (D) Consult with the state board. (E) Consult with, and fully consider input from, the local government with land use planning authority and environmental health oversight over the affected area, particularly regarding any information in the general plan required by Section 65302.10 of the Government Code. (F) (i) Notify the potential receiving sewer system and affected residents within the disadvantaged community, and establish a reasonable deadline of no less than six months, unless a shorter period is justified, for the potential receiving sewer system and the affected property owners to negotiate annexation, extension of service, or another means of providing an adequate sewage service. (ii) During the period set forth in clause (i), the regional board shall provide technical assistance and work with the potential receiving sewer system and the affected residents to develop a financing package that benefits both the receiving sewer system and the affected residents by addressing the receiving sewer system’s planning and capital costs and the affected residents’ connection costs. (iii) Upon a showing of good cause, the deadline set forth in clause (i) may be extended by the regional board at the request of the potential receiving sewer system, the affected residents, or the local agency formation commission with jurisdiction over the sewer system. (G) Hold at least one public meeting at the initiation of the process established in this section in a place as close as feasible to the affected areas. The regional board shall make reasonable efforts to provide a 30-day notice of the meeting to the affected residents and all affected local government agencies and sewer service providers. The meeting shall provide representatives of the affected residents and the potential receiving sewer system an opportunity to present testimony. The meeting shall provide an opportunity for public comment. (H) Provide opportunity to submit comments by mail or electronic mail during the 30-day notice period and for at least one week after the public meeting. (I) Consider whether existing programs or alternative methods are available and feasible. (J) Consider the affordability of the provision of sewer service to the disadvantaged community. (2) Upon expiration of the deadline set by the regional board pursuant to subparagraph (F) of paragraph (1), the regional board shall do the following: (A) Consult with the potential receiving sewer system and the affected residents. (B) Review comments received during the public meeting held, and comments received, pursuant to subparagraph (G) of paragraph (1). (3) Before ordering the provision of sewer service, the regional board shall do both of the following: (A) Find all of the following: (i) One or more affected residences are served by an inadequate onsite sewage treatment system. (ii) Reasonable efforts to negotiate voluntary provision of sewer service were made. (iii) The provision of sewer service is appropriate and technically and economically feasible. (iv) There is no pending local agency formation commission process that is likely to resolve the problem in a reasonable amount of time. (v) The provision of sewer service is an effective and cost-effective means to address the inadequate onsite sewage treatment system. (vi) The capacity of the proposed interconnection needed to accomplish the provision of sewer service designed to serve the disadvantaged community, as determined by the regional board. (B) Hold a subsequent public meeting in a place as close as feasible to the affected areas if a period of six or more months has passed since the public meeting held pursuant to subparagraph (G) of paragraph (1). The regional board shall make reasonable effects to provide a 30-day written notice of the meeting to the affected residents and all affected local government agencies and sewer service providers. The meeting shall provide representatives of the affected residents and the potential receiving sewer system an opportunity to present testimony. The meeting shall provide an opportunity for public comment. (4) Upon the issuance of a regional board’s order requiring provision of sewer service, the state board shall do all of the following: (A) As necessary and appropriate, make funds available, upon appropriation by the Legislature, to the receiving sewer system for the costs of completing the provision of sewer service, including, but not limited to, compensation for any capacity lost as a result of the provision of sewer service, by paying the receiving sewer system’s capacity connection fee at the rate it charges others, providing additional capacity needed as a result of the provision of sewer service, and paying legal fees. If capacity beyond what is needed for provision of sewer service is provided, the state board shall retain its rights to use the additional capacity without paying additional capacity charge fees for five years, unless it releases those rights in writing. Funding pursuant to this subparagraph is available for the general purpose of providing financial assistance for the water infrastructure needed for the provision of sewer service and does not need to be specific to each individual project. The state board shall provide appropriate financial assistance for the infrastructure needed for the provision of sewer service. The state board’s existing financial assistance guidelines and policies shall be the basis for the financial assistance. (B) Ensure payment of standard local agency formation commission costs caused by the regional board’s order. Additional costs or fees related to provision of sewer service, including, but not limited to, other public works costs or upgrades, shall not be used to delay the provision of sewer service required by the order. (C) Coordinate with the appropriate local agency formation commission and other relevant local agencies to document the change of organization or reorganization. (c) The receiving sewer system shall not increase charges on existing customers of the receiving sewer system solely as a consequence of the provision of sewer service unless the customers receive a corresponding benefit. (d) The receiving sewer system shall not charge rates to newly absorbed customers of the sewer system that are higher than those necessary to provide the sewage service. (e) Division 3 (commencing with Section 56000) of Title 5 of the Government Code shall not apply to an action taken by the state board or the regional board pursuant to this section. (f) The state board may develop and adopt policy, through the adoption of a policy handbook that is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, that provides a process by which members of a disadvantaged community may petition the regional board for consideration of provision of sewer service pursuant to this chapter. (g) Article 5 (commencing with Section 13280) of Chapter 4 does not apply to any action taken by the state board or a regional board pursuant to this chapter. (Added by Stats. 2018, Ch. 982, Sec. 2. (SB 1215) Effective January 1, 2019.)
  34. 13289.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.3. Sewer Service [13288 - 13289.5] ( Chapter 4.3 added by Stats. 2018, Ch. 982, Sec. 2. )

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    This section lets the state board designate a sewer service provider as a designated sewer system and then require or order administrator services after specific findings and procedures.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.3. Sewer Service [13288 - 13289.5] ( Chapter 4.3 added by Stats. 2018, Ch. 982, Sec. 2. ) ## 13289.5. (a) Before implementing the actions authorized by this section, the state board shall, by resolution, make one or both of the following findings: (1) A sewer service provider is an inadequate sewer service, as defined in Section 13288, and that it is in the best interest of the customers of the sewer service provider and the State of California that an administrator be appointed to assist a sewer service provider with making improvements necessary to develop an adequate sewer system. When these findings are made, the sewer service provider shall be referred to as a designated sewer system. (2) A sewer service provider has demonstrated a history of continued failures to maintain technical, managerial, or financial capacity to prevent waste, fraud, or abuse. When this finding is made, the sewer service provider shall be referred to as a designated sewer system. (b) Following adoption of a resolution based on the findings required by subdivision (a) for identifying a sewer service provider as a designated sewer system, the state board may do any of the following: (1) (A) Require a designated sewer system to contract with an administrator designated or approved by the state board for administrative, technical, operational, legal, or managerial services, or any combination of those services, to assist the designated sewer system with the delivery of adequate sewer service. (B) To fulfill the requirements of this section, a designated sewer system may contract with administrators. Where administrator services are comprehensive, the sewer service provider may contract with no more than one administrator at a time. Where administrator services are limited in scope, a sewer service provider may contract with more than one limited scope provider at a time, provided that in no instance will the scopes overlap. An administrator that is not designated or approved by the state board shall not be used for purposes of this section. (C) An administrator may provide services to more than one designated sewer system. (D) If a designated sewer system is also a water system that has been ordered to consolidate or has been ordered to accept assistance from an administrator, the state board shall consider designating the same administrator for the designated sewer system that was designated to the water system, and requiring that administrator to consult with the management of both the designated water and the designated sewer systems in carrying out their duties. (2) Order a designated sewer system to accept administrative, technical, operational, legal, or managerial services, including full management and control of all aspects of the designated sewer system, from an administrator selected by the state board. (3) Order a designated sewer system to accept administrative, technical, operational, legal, or managerial services from an administrator for full oversight of construction or development projects, including, but not limited to, accepting loans and grants issued by the state board and entering into contracts on behalf of the designated sewer system. (c) The state board shall do all of the following before determining that a sewer service provider is a designated sewer system pursuant to subdivision (a). (1) Provide the sewer service provider with notice and an opportunity to show that the sewer service provider has taken steps to timely address its failure to be an adequate sewer system or has taken steps to timely address its failure to maintain technical, managerial, and financial capacity. (2) (A) Conduct a public meeting in a location as close as feasible to the affected community. (B) The state board shall make reasonable efforts to provide a 30-day notice of the public meeting to affected ratepayers, renters, and property owners. (C) The state board shall provide representatives of the sewer service provider, affected ratepayers, renters, and property owners with an opportunity to present oral and written comments at the public meeting. (D) The state board shall provide an opportunity for public comment at the meeting. (3) Provide the public with an opportunity to submit comments by mail or electronically during the 30-day notice period and for at least one week after the public meeting described in paragraph (2). (4) Consider whether designating a sewer system and ordering a designated sewer system to contract with an administrator is feasible, and not in conflict with any federal or state laws, regulations, or permit requirements. (d) The state board shall make financial assistance available to an administrator of a designated sewer system, as appropriate and to the extent that funding is available. (e) The state board shall not identify a designated sewer system or make findings that a sewer service provider has an inadequate sewer service or require a sewer service provider to contract with an administrator pursuant to this section on or after January 1, 2029. All other authorizations and requirements pursuant to this section shall remain in effect until December 31, 2029. (f) The authority granted to an administrator by the state board pursuant to subdivision (b) may include, but is not limited to, the authority to do all of the following: (1) Expend available money for capital infrastructure improvements that the designated sewer system needs to provide adequate sewer service. (2) Set and collect user sewer rates and fees. The provisions of this section are subject to all applicable constitutional requirements, including Article XIII D of the California Constitution. (3) Expend available money for operation and maintenance costs of the designated sewer system, including conducting feasibility or planning studies, or addressing outstanding technical or legal issues. (g) The state board shall work with the administrator of a designated sewer system and the communities served by that designated sewer system to develop, within the shortest practicable time, adequate technical, managerial, and financial capacity to deliver adequate sewer service so that the services of the administrator are no longer necessary. (h) A designated sewer system shall not be responsible for any costs associated with an administrator that are higher than the costs necessary to maintain the designated sewer system and deliver adequate sewer service. (i) Before ordering a designated sewer system to accept administrative, technical, operational, legal, or managerial services from an administrator pursuant to subdivision (b), the state board shall develop standards, terms, and procedures, to be incorporated in the handbook adopted pursuant to subdivision (g) of Section 116686 of the Health and Safety Code, consistent with the process provided in subdivision (a) of Section 116760.43 of the Health and Safety Code, for all of the following: (1) The process and criteria for the state board to designate a sewer service provider as a designated sewer system, and the evidence required to support findings by the state board in a resolution pursuant to subdivision (a). (2) Ensuring compliance with subdivision (h). (3) Providing opportunity for public comment on the selection of an administrator and the services to be provided. (4) Providing public access to budgets, ownership and financial information, and other documents and records related to the provision of sewer service to affected residences and to the management of the designated sewer system by the administrator. (5) Providing regular public meetings, notifications, opportunities for public comment, and other forms of engagement with customers of the designated sewer system for significant decisions or actions made on behalf of the designated sewer system, including, but not limited to, establishing operating budgets, altering sewer rates, adopting system policies, entering into long-term contracts or financing commitments, and developing system projects or plans. (6) Formal requests to the state board to reverse or modify a decision of an administrator or to request substitution of an administrator. (7) Ensuring an administrator acts in the best interests of the community served. (8) Development and approval of a post-administrator sewer service plan to ensure compliance with subdivision (g). Development of the plan shall include, but is not limited to, an evaluation of long-term public governance or community ownership options. (9) The process for the state board to determine an administrator is no longer needed and to terminate the administrator’s responsibilities. (j) An administrator appointed pursuant to this section for a designated sewer system shall not be liable for claims by past or current ratepayers, by those affected by the sewer service provided by the designated sewer system, or for enforcement actions taken by the state board in any of the following circumstances: (1) If good faith, reasonable effort, and ordinary care were used by the administrator to assume possession of, or to operate, the sewer service provider. (2) For any injury or damages that occurred before the commencement of the operation period. (3) For injury, violations, or damages after the administrator has assumed control of the designated system until the necessary upgrades to the infrastructure or managerial responsibilities have been completed to become an adequate sewer system. (k) This section does not limit or supersede any other law authorizing claims against the state board or providing a defense to liability, and shall not be construed to create any new or expanded basis for liability. (l) Nothing in this section shall be construed to do any of the following: (1) Relieve a designated sewer system or any other entity from complying with any provision of federal or state law, including those pertaining to water quality. (2) Impair any cause of action by the Attorney General, a district attorney, a city attorney, or other public prosecutor, or impair any other action or proceeding brought by, or on behalf of, a regulatory agency against a designated sewer system. (3) Impair any claim alleging the taking of property without compensation within the meaning of either the Fifth Amendment to the United States Constitution or Section 19 of Article I of the California Constitution. (4) Relieve any person or entity from liability for action or inaction in bad faith, or without reasonable effort or ordinary care. (m) Nothing in this section shall absolve, indemnify, or protect a prior operator, designated sewer system, or individual from liability based on an act or failure to act prior to the operation period. (n) Administrative and managerial contracts pursuant to this section shall be exempt from Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code and may be awarded on a noncompetitive bid basis as necessary to implement the purposes of this section. (o) This section does not apply to a charter city, charter county, or charter city and county. (Added by Stats. 2024, Ch. 505, Sec. 3. (AB 805) Effective September 24, 2024.)
  35. 13290.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. )

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    This section defines “local agency” and “onsite sewage treatment systems” for this chapter.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. ) ## 13290. For the purposes of this chapter: (a) “Local agency” means any of the following entities: (1) A city, county, or city and county. (2) A special district formed pursuant to general law or special act for the local performance of functions regarding onsite sewage treatment systems within limited boundaries. (b) “Onsite sewage treatment systems” includes individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal. (Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.)
  36. 13291.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. )

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    The state board must adopt regulations or standards for onsite sewage treatment systems, and regional boards must put those rules into their regional water quality plans.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. ) ## 13291. (a) On or before January 1, 2004, the state board, in consultation with the State Department of Public Health, the California Coastal Commission, the California Conference of Directors of Environmental Health, counties, cities, and other interested parties, shall adopt regulations or standards for the permitting and operation of all of the following onsite sewage treatment systems in the state and shall apply those regulations or standards commencing six months after their adoptions: (1) Any system that is constructed or replaced. (2) Any system that is subject to a major repair. (3) Any system that pools or discharges to the surface. (4) Any system that, in the judgment of a regional board or authorized local agency, discharges waste that has the reasonable potential to cause a violation of water quality objectives, or to impair present or future beneficial uses of water, to cause pollution, nuisance, or contamination of the waters of the state. (b) Regulations or standards adopted pursuant to subdivision (a), shall include, but shall not be limited to, all of the following: (1) Minimum operating requirements that may include siting, construction, and performance requirements. (2) Requirements for onsite sewage treatment systems adjacent to impaired waters identified pursuant to subdivision (d) of Section 303 of the Clean Water Act (33 U.S.C. Sec. 1313(d)). (3) Requirements authorizing a qualified local agency to implement those requirements adopted under this chapter within its jurisdiction if that local agency requests that authorization. (4) Requirements for corrective action when onsite sewage treatment systems fail to meet the requirements or standards. (5) Minimum requirements for monitoring used to determine system or systems performance, if applicable. (6) Exemption criteria to be established by regional boards. (7) Requirements for determining a system that is subject to a major repair, as provided in paragraph (2) of subdivision (a). (c) This chapter does not diminish or otherwise affect the authority of a local agency to carry out laws, other than this chapter, that relate to onsite sewage treatment systems. (d) This chapter does not preempt any regional board or local agency from adopting or retaining standards for onsite sewage treatment systems that are more protective of the public health or the environment than this chapter. (e) Each regional board shall incorporate the regulations or standards adopted pursuant to subdivisions (a) and (b) into the appropriate regional water quality control plans. (Amended by Stats. 2010, Ch. 288, Sec. 26. (SB 1169) Effective January 1, 2011.)
  37. 13291.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. )

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    The Legislature states an intent to help private property owners with existing onsite sewage systems by encouraging state board loans to local agencies.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. ) ## 13291.5. It is the intent of the Legislature to assist private property owners with existing systems who incur costs as a result of the implementation of the regulations established under this section by encouraging the state board to make loans under Chapter 6.5 (commencing with Section 13475) to local agencies to assist private property owners whose cost of compliance with these regulations exceeds one-half of one percent of the current assessed value of the property on which the onsite sewage system is located. (Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.)
  38. 13291.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. )

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    This chapter does not limit the land use authority of any city, county, or city and county.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.5. Onsite Sewage Treatment Systems [13290 - 13291.7] ( Chapter 4.5 added by Stats. 2000, Ch. 781, Sec. 1. ) ## 13291.7. Nothing in this chapter shall be construed to limit the land use authority of any city, county, or city and county. (Added by Stats. 2000, Ch. 781, Sec. 1. Effective January 1, 2001.)
  39. 13292.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.7. Fairness and Due Process [13292- 13292.] ( Chapter 4.7 added by Stats. 2002, Ch. 604, Sec. 1. )

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    The state board must guide regional boards, review their public participation procedures, report findings and recommendations to the Legislature, and provide annual training to regional board members.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 4.7. Fairness and Due Process [13292- 13292.] ( Chapter 4.7 added by Stats. 2002, Ch. 604, Sec. 1. ) ## 13292. (a) It is the responsibility of the state board to provide guidance to the regional boards in matters of procedure, as well as policy and regulation. In order to ensure that regional boards are providing fair, timely, and equal access to all participants in regional board proceedings, the state board shall undertake a review of the regional boards’ public participation procedures. As part of the review process, and upon request by the state board, the regional boards shall solicit comments from participants in their proceedings. Upon completion of the review, the state board shall report to the Legislature regarding its findings and include recommendations to improve regional board public participation processes. (b) (1) The state board shall provide annual training to regional board members to improve public participation and adjudication procedures at the regional level. (2) Paragraph (1) shall be implemented only during fiscal years for which funding is provided for the purposes of that paragraph in the annual Budget Act or in another statute. (Amended by Stats. 2006, Ch. 404, Sec. 2. Effective January 1, 2007.)
  40. 133.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The department may cooperate and contract with state or federal agencies to carry out its powers and purposes.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 133. The department may cooperate and contract with any agency of the State or of the United States in order to carry out its powers and purposes. (Added by Stats. 1957, Ch. 947.)
  41. 1330.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )

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    Any interested person may file a written protest against approval of an application, within the notice deadline or later time allowed by the board for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 1330. Any person interested may, within the time allowed in the notice of application or within such further time as may, for good cause shown, be allowed by the board, file with it a written protest against the approval of an application. (Amended by Stats. 1957, Ch. 1932.)
  42. 13300.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board may require a discharger to submit a detailed time schedule of corrective actions when a waste discharge is violating or about to violate requirements, or when the discharger’s waste facilities are nearing capacity.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13300. Whenever a regional board finds that a discharge of waste is taking place or threatening to take place that violates or will violate requirements prescribed by the regional board, or the state board, or that the waste collection, treatment, or disposal facilities of a discharger are approaching capacity, the board may require the discharger to submit for approval of the board, with such modifications as it may deem necessary, a detailed time schedule of specific actions the discharger shall take in order to correct or prevent a violation of requirements. (Amended by Stats. 1971, Ch. 1288.)
  43. 13301.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board may issue cease-and-desist orders when it finds an actual or threatened waste-discharge violation, and may require compliance or remedial action.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13301. When a regional board finds that a discharge of waste is taking place, or threatening to take place, in violation of requirements or discharge prohibitions prescribed by the regional board or the state board, the board may issue an order to cease and desist and direct that those persons not complying with the requirements or discharge prohibitions (a) comply forthwith, (b) comply in accordance with a time schedule set by the board, or (c) in the event of a threatened violation, take appropriate remedial or preventive action. In the event of an existing or threatened violation of waste discharge requirements in the operation of a community sewer system, cease and desist orders may restrict or prohibit the volume, type, or concentration of waste that might be added to that system by dischargers who did not discharge into the system prior to the issuance of the cease and desist order. Cease and desist orders may be issued directly by a board, after notice and hearing. (Amended by Stats. 2002, Ch. 420, Sec. 5. Effective January 1, 2003.)
  44. 13301.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    The regional board must help people subject to a cease and desist order under Section 13301 by providing current water quality control information and help applying for needed federal and state funds.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13301.1. The regional board shall render to persons against whom a cease and desist order is issued pursuant to Section 13301 all possible assistance in making available current information on successful and economical water quality control programs, as such information is developed by the state board pursuant to Section 13167, and information and assistance in applying for federal and state funds necessary to comply with the cease and desist order. (Added by Stats. 1970, Ch. 1464.)
  45. 13303.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    The board’s cease and desist orders become effective and final when issued, and copies must be served promptly on the charged person and certain other affected persons.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13303. Cease and desist orders of the board shall become effective and final upon issuance thereof. Copies shall be served forthwith by personal service, certified mail, or by any method of physical delivery that provides a receipt, upon the person being charged with the violation of the requirements, and by first class or electronic mail upon other affected persons who appeared at the hearing and requested a copy. For purposes of this section, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. (Amended by Stats. 2023, Ch. 158, Sec. 6. (SB 756) Effective January 1, 2024.)
  46. 13304.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board may order a discharger to clean up waste or take other remedial action, and the order can also require replacement water. If the person does not comply, the Attorney General must seek an injunction. The board also has related powers to do the work, recover costs, and request a water replacement plan.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13304. (a) A person who has discharged or discharges waste into the waters of this state in violation of any waste discharge requirement or other order or prohibition issued by a regional board or the state board, or who has caused or permitted, causes or permits, or threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance, shall, upon order of the regional board, clean up the waste or abate the effects of the waste, or, in the case of threatened pollution or nuisance, take other necessary remedial action, including, but not limited to, overseeing cleanup and abatement efforts. A cleanup and abatement order issued by the state board or a regional board may require the provision of, or payment for, uninterrupted replacement water service, which may include wellhead treatment, to each affected public water supplier or private well owner. Upon failure of a person to comply with the cleanup or abatement order, the Attorney General, at the request of the board, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with the order. In the suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. (b) (1) The regional board may expend available moneys to perform any cleanup, abatement, or remedial work required under the circumstances set forth in subdivision (a), including, but not limited to, supervision of cleanup and abatement activities that, in its judgment, is required by the magnitude of the endeavor or the urgency for prompt action to prevent substantial pollution, nuisance, or injury to any waters of the state. The action may be taken in default of, or in addition to, remedial work by the waste discharger or other persons, and regardless of whether injunctive relief is being sought. (2) The regional board may perform the work itself, or with the cooperation of any other governmental agency, and may use rented tools or equipment, either with operators furnished or unoperated. Notwithstanding any other provisions of law, the regional board may enter into oral contracts for the work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts shall not be subject to approval by the Department of General Services. (3) The regional board shall be permitted reasonable access to the affected property as necessary to perform any cleanup, abatement, or other remedial work. The access shall be obtained with the consent of the owner or possessor of the property or, if the consent is withheld, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting public health or safety, the regional board may enter the property without consent or the issuance of a warrant. (4) The regional board may contract with a water agency to perform, under the direction of the regional board, investigations of existing or threatened groundwater pollution or nuisance. The agency’s cost of performing the contracted services shall be reimbursed by the regional board from the first available funds obtained from cost recovery actions for the specific site. The authority of a regional board to contract with a water agency is limited to a water agency that draws groundwater from the affected aquifer, a metropolitan water district, or a local public agency responsible for water supply or water quality in a groundwater basin. (5) (A) If the state board or regional board, either directly or by contracting for services, undertakes to perform an investigation, cleanup, abatement, or other remedial work, both of the following shall apply: (i) The state board, regional board, or an employee of the state board or regional board shall not be held liable in a civil proceeding for trespass or any other act that is necessary to carry out an investigation, cleanup, abatement, or other remedial work. (ii) The state board, regional board, or any authorized person shall not incur any obligation to undertake additional investigation, cleanup, abatement, or other remedial work, solely as a result of having conducted the work. (B) The following applies for purposes of this paragraph: (i) “Authorized person” means any of the following: (I) An employee or independent contractor of the state board or regional board. (II) A person from whom investigation, cleanup, abatement, or other remedial work is contracted by the state board or regional board. (III) An employee or independent contractor of a person described in subclause (I) or (II). (ii) “Investigation, cleanup, abatement, or other remedial work” includes investigation, cleanup, abatement, or other remedial work performed pursuant to this section or Section 13267, or corrective action performed pursuant to Section 25296.10 or 25299.36 of the Health and Safety Code. (C) It is not the intent of this paragraph to do any of the following: (i) Impair any cause of action by the state board or regional board against any person, including, but not limited to, a cause of action for breach of contract or indemnity. (ii) Limit the state board’s or regional board’s authority over any person. (iii) Limit any other applicable defenses to liability or create a cause of action. (c) (1) If the waste is cleaned up or the effects of the waste are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by a governmental agency, the person or persons who discharged the waste, discharges the waste, or threatened to cause or permit the discharge of the waste within the meaning of subdivision (a), are liable to that governmental agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects of the waste, supervising cleanup or abatement activities, or taking other remedial action. The amount of the costs is recoverable in a civil action by, and paid to, the governmental agency and the state board to the extent of the latter’s contribution to the cleanup costs from the State Water Pollution Cleanup and Abatement Account or other available funds. (2) The amount of the costs constitutes a lien on the affected property upon service of a copy of the notice of lien on the owner and upon the recordation of a notice of lien, that identifies the property on which the condition was abated, the amount of the lien, and the owner of record of the property, in the office of the county recorder of the county in which the property is located. Upon recordation, the lien has the same force, effect, and priority as a judgment lien, except that it attaches only to the property posted and described in the notice of lien, and shall continue for 10 years from the time of the recording of the notice, unless sooner released or otherwise discharged. No later than 45 days after receiving a notice of lien, the owner may petition the court for an order releasing the property from the lien or reducing the amount of the lien. In this court action, the governmental agency that incurred the cleanup costs shall establish that the costs were reasonable and necessary. The lien may be foreclosed by an action brought by the state board on behalf of the regional board for a money judgment. Moneys recovered by a judgment in favor of the state board shall be deposited in the State Water Pollution Cleanup and Abatement Account. (d) If, despite reasonable efforts by the regional board to identify the person responsible for the discharge of waste or the condition of pollution or nuisance, the person is not identified at the time cleanup, abatement, or remedial work is required to be performed, the regional board is not required to issue an order under this section. (e) “Threaten,” for purposes of this section, means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or natural resources. (f) Replacement water provided pursuant to subdivision (a) shall meet all applicable federal, state, and local drinking water standards, and shall have comparable quality to that pumped by the public water system or private well owner before the discharge of waste. (g) (1) A public water supplier or private well owner receiving replacement water by reason of an order issued pursuant to subdivision (a), or a person or entity who is ordered to provide replacement water pursuant to subdivision (a), may request nonbinding mediation of all replacement water claims. (2) If requested, the public water suppliers receiving the replacement water and the persons or entities ordered to provide the replacement water, within 30 days of the submittal of a water replacement plan, shall engage in at least one confidential settlement discussion before a mutually acceptable mediator. (3) Any agreement between parties regarding replacement water claims resulting from participation in the nonbinding mediation process shall be consistent with the requirements of any cleanup and abatement order. (4) A regional board or the state board is not required to participate in any nonbinding mediation requested pursuant to paragraph (1). (5) The party or parties requesting the mediation shall pay for the costs of the mediation. (h) As part of a cleanup and abatement order that requires the provision of replacement water, a regional board or the state board shall request a water replacement plan from the discharger in cases where replacement water is to be provided for more than 30 days. The water replacement plan is subject to the approval of the regional board or the state board before its implementation. (i) A “water replacement plan” means a plan pursuant to which the discharger will provide replacement water in accordance with a cleanup and abatement order. (j) This section does not impose any new liability for acts occurring before January 1, 1981, if the acts were not in violation of existing laws or regulations at the time they occurred. (k) Nothing in this section limits the authority of a state agency under any other law or regulation to enforce or administer any cleanup or abatement activity. (l) The Legislature declares that the amendments made to subdivision (a) by Chapter 614 of the Statutes of 2003 do not constitute a change in, but are declaratory of, existing law. (m) Paragraph (5) of subdivision (b) shall apply to a claim presented pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code on or after January 1, 2015, or, if no claim is presented pursuant to those provisions, to a cause of action in a civil complaint or writ petition filed on or after January 1, 2015. (Amended by Stats. 2014, Ch. 739, Sec. 1. (AB 2442) Effective January 1, 2015.)
  47. 13304.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A groundwater cleanup system meeting the stated conditions must treat groundwater to regional board-approved standards, and the regional board must consult specified entities when setting applicable water quality standards.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13304.1. (a) A groundwater cleanup system that commences operation on or after January 1, 2002, and that is required to obtain a discharge permit from the regional board pursuant to the regional board’s jurisdiction, and that discharges treated groundwater to surface water or groundwater, shall treat the groundwater to standards approved by the regional board, consistent with this division and taking into account the beneficial uses of the receiving water and the location of the discharge and the method by which the discharge takes place. (b) In making its determination of the applicable water quality standards to be achieved by the operator of a groundwater cleanup system that commences operation on or after January 1, 2002, that draws groundwater from an aquifer that is currently being used, or has been used at any time since 1979 as a source of drinking water supply by the owner or operator of a public water system, and that discharges treated groundwater to surface water or groundwater from which a public water system draws drinking water, the regional board shall consult with the affected groundwater management entity, if any, affected public water systems, and the state board to ensure that the discharge, spreading, or injection of the treated groundwater will not adversely affect the beneficial uses of any groundwater basin or surface water body that is or may be used by a public water system for the provision of drinking water. (Amended by Stats. 2015, Ch. 673, Sec. 28. (AB 1531) Effective January 1, 2016.)
  48. 13304.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    For brownfield cleanups, the state board or a regional board may require a site-specific human health or ecological risk assessment, and the discharger must address listed risk factors when doing that assessment.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13304.2. (a) For purposes of this section, “brownfield site” means a real estate parcel or improvements located on the parcel, or both that parcel and the improvements, that is abandoned, idled, or underused, due to environmental contamination and that is proposed to be redeveloped. (b) The state board or a regional board may require a person conducting cleanup, abatement, or other remedial action pursuant to Section 13304 for a brownfield site to assess the potential human health or ecological risks caused or created by the discharge, using human health and environmental screening levels or a site-specific assessment of risks. (c) In conducting a site-specific assessment of human health or ecological risks, the discharger shall address all of the following factors to the extent relevant based on site-specific conditions: (1) An evaluation of risks posed by acutely toxic hazardous substances. (2) An evaluation of risks posed by carcinogenic or other hazardous substances that may cause chronic disease. (3) Consideration of possible synergistic effects resulting from exposure to, or interaction with, two or more hazardous substances. (4) Consideration of the effect of hazardous substances upon subgroups that comprise a meaningful portion of the general population, including, but not limited to, infants, children, pregnant women, or other subpopulations that are identifiable as being at greater risk than the general population of adverse health effects due to exposure to hazardous substances. (5) Consideration of exposure level and body burden level that alter physiological function or structure in a manner that may significantly increase the risk of illness and of exposure to hazardous substances in all media, including, but not limited to, exposures in drinking water, food, ambient and indoor air, or soil. (6) The development of reasonable maximum estimates of exposure for both current land use conditions and reasonably foreseeable future land uses at the site. (7) The development of reasonable maximum estimates of exposure to volatile organic compounds that may enter structures that are on the site or that are proposed to be constructed on the site and that may cause exposure due to accumulation of these volatile organic compounds in the indoor air of those structures. (d) The state board or a regional board may document its decision to require a site-specific assessment of human health or ecological risks in a letter issued to the discharger pursuant to Section 13267, through amendment of the cleanup and abatement order issued pursuant to Section 13304, or through other written means that the board deems appropriate. (e) (1) Except as provided in paragraph (2), this section applies only to an order issued by the state board or a regional board issued pursuant to Section 13304 on or after January 1, 2008. (2) The state board or a regional board may require a site-specific assessment of human health or ecological risks at a brownfield site that is subject to an order issued before January 1, 2008, only if the state board or a regional board makes a determination that site-specific circumstances demonstrate the need for that assessment. A site-specific assessment pursuant to this paragraph shall be done in accordance with the authority granted to the state board or a regional board pursuant to this division, as it read on December 31, 2007. (Added by Stats. 2007, Ch. 597, Sec. 2. Effective January 1, 2008.)
  49. 13305.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board may post notice, hold a hearing, and order abatement of pollution or nuisance conditions tied to a nonoperating industrial or business location; property owners may be liable for abatement costs and a lien may be recorded.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13305. (a) Upon determining that a condition of pollution or nuisance exists that has resulted from a nonoperating industrial or business location within its region, a regional board may cause notice of the condition to be posted upon the property in question. The notice shall state that the condition constitutes either a condition of pollution or nuisance that is required to be abated by correction of the condition, or a condition that will be corrected by the city, county, other public agency, or regional board at the property owner’s expense. The notice shall further state that all property owners having any objections to the proposed correction of the condition may attend a hearing to be held by the regional board at a time not less than 10 days from the posting of the notice. (b) Notice of the hearing prescribed in this section shall be given in the county where the property is located pursuant to Section 6061 of the Government Code. (c) In addition to posting and publication, notice as required in this section shall be mailed to the property owners as their names and addresses appear from the last equalized assessment roll. (d) At the time stated in the notices, the regional board shall hear and consider all objections or protests, if any, to the proposed correction of the condition, and may continue the hearing from time to time. (e) (1) After final action is taken by the regional board on the disposition of any protests or objections, or if no protests or objections are received, the regional board shall request the city, county, or other public agency in which the condition of pollution or nuisance exists to abate the condition or nuisance. (2) If the city, county, or other public agency does not abate the condition within a reasonable time, the regional board shall cause the condition to be abated. The regional board may proceed by force account, contract or other agreement, or any other method deemed most expedient by the regional board, and shall apply to the state board for the necessary funds. (3) The regional board shall be permitted reasonable access to the affected property as necessary to perform any cleanup, abatement, or other remedial work. Access shall be obtained with the consent of the owner or possessor of the property, or, if the consent is withheld, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting public health or safety, the regional board may enter the property without consent or the issuance of a warrant. (f) The owner of the property on which the condition exists, or is created, is liable for all reasonable costs incurred by the regional board or any city, county, or public agency in abating the condition. The amount of the cost for abating the condition upon the property in question constitutes a lien upon the property so posted upon the recordation of a notice of lien, which identifies the property on which the condition was abated, the amount the lien, and the owner of record of the property, in the office of the county recorder of the county in which the property is located. Upon recordation, the lien has the same force, effect, and priority as a judgment lien, except that it attaches only to the property so posted and described in the notice of lien, and shall continue for 10 years from the time of the recording of the notice unless sooner released or otherwise discharged. The lien may be foreclosed by an action brought by the city, county, other public agency, or state board, on behalf of the regional board, for a money judgment. Money recovered by a judgment in favor of the state board shall be returned to the State Water Pollution Cleanup and Abatement Account. (g) The city, county, other public agency, or state board on behalf of a regional board, may, at any time, release all, or any portion, of the property subject to a lien imposed pursuant to subdivision (f) from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount owed is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount owed. A certificate by the state board, city, county, or other public agency to the effect that any property has been released from the lien or that the lien has been subordinated to other liens and encumbrances is conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate. (h) As used in this section, the words “nonoperating” or “not in operation” mean the business is not conducting routine operations usually associated with that kind of business. (i) Nothing in this section limits the authority of any state agency under any other law or regulation to enforce or administer any cleanup or abatement activity. (Amended by Stats. 2005, Ch. 22, Sec. 210. Effective January 1, 2006.)
  50. 13306.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board must approve certain enforcement actions by a majority vote of its entire membership.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13306. A majority vote of the entire membership of a regional board shall be required to adopt, rescind, or modify any enforcement action authorized by Section 13301. (Added by Stats. 1976, Ch. 1165.)
  51. 13307.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    The state board and the Department of Toxic Substances Control must set and keep consistent policies for supervising hazardous substance investigation, cleanup, and abatement work.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13307. (a) The state board and the Department of Toxic Substances Control shall concurrently establish policies and procedures consistent with this division that the state board’s representatives and the representatives of regional boards shall follow in overseeing and supervising the activities of persons who are carrying out the investigation of, and cleaning up or abating the effects of, a discharge of a hazardous substance which creates, or threatens to create, a condition of contamination, pollution, or nuisance. The policies and procedures shall be consistent with the policies and procedures established pursuant to Section 79000 of the Health and Safety Code and shall include, but are not limited to, all of the following: (1) The procedures the state board and the regional boards will follow in making decisions as to when a person may be required to undertake an investigation to determine if an unauthorized hazardous substance discharge has occurred. (2) Policies for carrying out a phased, step-by-step investigation to determine the nature and extent of possible soil and groundwater contamination or pollution at a site. (3) Procedures for identifying and utilizing the most cost-effective methods for detecting contamination or pollution and cleaning up or abating the effects of contamination or pollution. (4) Policies for determining reasonable schedules for investigation and cleanup, abatement, or other remedial action at a site. The policies shall recognize the dangers to public health and the waters of the state posed by an unauthorized discharge and the need to mitigate those dangers while at the same time taking into account, to the extent possible, the resources, both financial and technical, available to the person responsible for the discharge. (b) The state board and the Department of Toxic Substances Control shall jointly review the policies and procedures that were established pursuant to this section and Section 79000 of the Health and Safety Code prior to the enactment of this subdivision and shall concurrently revise those policies and procedures as necessary to make them as consistent as possible. Where they cannot be made consistent because of the differing requirements of this chapter and Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code, the state board and the Department of Toxic Substances Control shall, by July 1, 1994, jointly develop, and send to the Legislature, recommendations for revising this chapter and Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code in order to make consistent the hazardous substance release cleanup policies and procedures followed by the state board, the Department of Toxic Substances Control, and the regional boards. (Amended by Stats. 2022, Ch. 258, Sec. 126. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  52. 13307.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    The state board and regional boards generally cannot act on cleanup or site-closure proposals, issue a closure letter, or say no further action is required unless required notice has been given to current record owners; they also must accommodate responsible landowner participation and consider their input.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13307.1. (a) The state board and the regional boards shall not consider cleanup or site closure proposals from the primary or active responsible discharger, issue a closure letter, or make a determination that no further action is required with respect to a site subject to a cleanup or abatement order pursuant to Section 13304, unless all current record owners of fee title to the site of the proposed action have been notified of the proposed action by the state board or regional board. (b) The state board and regional boards shall take all reasonable steps necessary to accommodate responsible landowner participation in the cleanup or site closure process and shall consider all input and recommendations from any responsible landowner wishing to participate. (c) In addition to the requirements of subdivision (a), if the state board or the regional board finds that the property is not suitable for unrestricted use and that a land use restriction is necessary for the protection of public health, safety, or the environment, then the state board and the regional boards may not issue a closure letter, or make a determination that no further action is required, with respect to a site that is subject to a cleanup or abatement order pursuant to Section 13304 and that is not an underground storage tank site, unless a land use restriction is recorded or required to be recorded pursuant to Section 1471 of the Civil Code. (Amended by Stats. 2003, Ch. 62, Sec. 313. Effective January 1, 2004.)
  53. 13307.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    When the regional board reviews or approves certain cleanup proposals, it must notify affected parties, provide access to written materials, allow at least 30 days for comments, consider comments before final action, and hold a public meeting in some cases.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13307.5. (a) The regional board shall take all of the following actions when reviewing or approving a cleanup proposal from a primary or active responsible discharger with respect to a site issued a cleanup and abatement order pursuant to Section 13304: (1) Provide to all of the following, notification, in a factsheet format or another appropriate format, in English and any other languages commonly spoken in the area, as appropriate, of the proposed decision to approve the cleanup proposal for the site, including a contact list of appropriate regional board staff: (A) An affected or potentially affected property owner, resident, or occupant in the area of the site. (B) An appropriate governmental entity, including a local governmental entity with jurisdiction over the site. (2) Provide timely access to written material, including reports and plans, addenda, and other supporting documentation, including materials listed as references, at the regional board’s office and at a local repository in the area of the site, and, to the maximum extent possible, by posting on the Internet and acting in accordance with subdivision (a) of Section 13196. (3) Provide no less than 30 days for an interested person to review and comment on the cleanup proposal regarding the site. The regional board shall consider any comments received before taking final action on a cleanup proposal regarding the site. (4) Conduct a public meeting in the area of the site during the public comment period pursuant to paragraph (3), if any of the following conditions applies: (A) A public meeting is requested by an affected or potentially affected property owner, resident, or occupant, in the area of the site. (B) The level of expressed public interest warrants the conduct of a public meeting. (C) A public meeting is specifically mandated by statute. (D) The regional board determines that the existing site contamination poses a significant public health threat. (b) In undertaking the requirements of this section, a regional board shall, to the extent possible, coordinate and integrate the public participation activities described in this section with those undertaken by the host jurisdiction and other public entities associated with development, investigation, or the response action at the site, in order to avoid unnecessary duplication and to integrate the public participation efforts of local government. (c) For purposes of this section, “site” has the same meaning as defined in Section 25395.79.2 of the Health and Safety Code. (Added by Stats. 2006, Ch. 562, Sec. 3. Effective January 1, 2007.)
  54. 13307.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board may use listed procedures to share information and gather community input about a site when certain interest or contamination conditions are met.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13307.6. (a) In addition to the requirements of Section 13307.5, the regional board may develop and use any of the following procedures to disseminate information and assist the regional board in gathering community input regarding a site, if the regional board determines there is expressed community interest in the site, or the existing site contamination poses a significant public health threat: (1) An annual factsheet. (2) Internet posting or electronic distribution of an electronic copy of a document or report. (3) An electronic comment or electronic feedback form. (4) Formation and facilitation of an advisory group. (5) An additional public meeting or workshop. (6) Extension of a public comment period. (7) Preparation of a public participation plan. (8) Creation of a mailing list for notifying an interested party of a major regional board decision and the regional board’s proposed or planned activity regarding the site. (b) For purposes of this section, “site” has the same meaning as defined in Section 25395.79.2 of the Health and Safety Code. (Added by Stats. 2006, Ch. 562, Sec. 4. Effective January 1, 2007.)
  55. 13308.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. )

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    A regional board may issue compliance orders and civil penalties for threatened or continuing violations, with limits on penalty amount and use.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. Administrative Enforcement and Remedies [13300 - 13308] ( Heading of Article 1 amended by Stats. 2010, Ch. 288, Sec. 27. ) ## 13308. (a) If the regional board determines there is a threatened or continuing violation of any cleanup or abatement order, cease and desist order, or any order issued under Section 13267 or 13383, the regional board may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule. (b) The amount of the civil penalty shall be based upon the amount reasonably necessary to achieve compliance, and may not include any amount intended to punish or redress previous violations. The amount of the penalty may not exceed ten thousand dollars ($10,000) for each day in which the violation occurs. (c) Any person who fails to achieve compliance in accordance with the schedule established in an order issued pursuant to subdivision (a) shall be liable civilly in an amount not to exceed the amount prescribed by the order. The regional board may impose the penalty administratively in accordance with Article 2.5 (commencing with Section 13323). If the regional board imposes the penalty in an amount less than the amount prescribed in the order issued pursuant to subdivision (a), the regional board shall make express findings setting forth the reasons for its action based on the specific factors required to be considered pursuant to Section 13327. (d) The state board may exercise the powers of a regional board under this section if the violation or threatened violation involves requirements prescribed by an order issued by the state board. (e) Funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account. (f) Civil liability may be imposed pursuant to this section only if civil liability is not imposed pursuant to Section 13261, 13265, 13268, 13350, or 13385. (Added by Stats. 1994, Ch. 45, Sec. 3. Effective January 1, 1995.)
  56. 1331.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )

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    A protest must include the protestant’s name and address, be signed, clearly state the objections and reasons, include other required information in the board’s form, and be served on the applicant.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 1331. The protest shall meet all of the following requirements: (a) State the name and address of the protestant. (b) Be signed by the protestant, or the protestant’s agent or attorney. (c) Clearly and specifically set forth the protestant’s objections to the approval of the application, and state the bases for these objections. (d) Contain other appropriate information and be in the form provided in the rules and regulations of the board. (e) Be served on the applicant by the protestant by mailing a duplicate copy of the protest to the applicant or through service undertaken in another manner determined to be adequate by the board. (Amended by Stats. 1997, Ch. 323, Sec. 6. Effective January 1, 1998.)
  57. 1332.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )

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    The board may ask a protestant for extra information, must give a reasonable time to submit it, and may give more time for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 1332. The board may request from the protestant additional information reasonably necessary to clarify, amplify, correct, or otherwise supplement the information required to be submitted under Section 1331. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown. (Added by Stats. 1997, Ch. 323, Sec. 7. Effective January 1, 1998.)
  58. 13320.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Administrative Review by the State Board [13320 - 13321] ( Heading of Article 2 amended by Stats. 2010, Ch. 288, Sec. 29. )

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    This section lets an aggrieved person ask the state board to review a regional board action or failure to act, and lets the state board review on its own motion.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Administrative Review by the State Board [13320 - 13321] ( Heading of Article 2 amended by Stats. 2010, Ch. 288, Sec. 29. ) ## 13320. (a) Within 30 days of any action or failure to act by a regional board under subdivision (c) of Section 13225, Article 4 (commencing with Section 13260) of Chapter 4, Chapter 5 (commencing with Section 13300), Chapter 5.5 (commencing with Section 13370), Chapter 5.9 (commencing with Section 13399.25), or Chapter 7 (commencing with Section 13500), an aggrieved person may petition the state board to review that action or failure to act. In case of a failure to act, the 30-day period shall commence upon the refusal of the regional board to act, or 60 days after request has been made to the regional board to act. The state board may, on its own motion, at any time, review the regional board’s action or failure to act. (b) The evidence before the state board shall consist of the record before the regional board, and any other relevant evidence which, in the judgment of the state board, should be considered to effectuate and implement the policies of this division. (c) The state board may find that the action of the regional board, or the failure of the regional board to act, was appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappropriate or improper, the state board may direct that the appropriate action be taken by the regional board, refer the matter to another state agency having jurisdiction, take the appropriate action itself, or take any combination of those actions. In taking any action, the state board is vested with all the powers of the regional boards under this division. (d) If a waste discharge in one region affects the waters in another region and there is any disagreement between the regional boards involved as to the requirements that should be established, either regional board may submit the disagreement to the state board, which shall determine the applicable requirements. (e) If a petition for state board review of a regional board action on waste discharge requirements includes a request for a stay of the waste discharge requirements, the state board shall act on the requested stay portion of the petition within 60 days of accepting the petition. The board may order any stay to be in effect from the effective date of the waste discharge requirements. (Amended by Stats. 2010, Ch. 288, Sec. 30. (SB 1169) Effective January 1, 2011.)
  59. 13321.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Administrative Review by the State Board [13320 - 13321] ( Heading of Article 2 amended by Stats. 2010, Ch. 288, Sec. 29. )

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    This section lets the state board stay certain decisions or orders and sets deadlines for acting on stay requests, with court review available.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Administrative Review by the State Board [13320 - 13321] ( Heading of Article 2 amended by Stats. 2010, Ch. 288, Sec. 29. ) ## 13321. (a) (1) In the case of a review by the state board under Section 13320 or review by the state board of a decision or order issued under authority delegated to an officer or employee of the state board where the state board by regulation has authorized a petition for reconsideration, the state board, upon notice and hearing, if a hearing is requested, may stay in whole or in part the effect of the decision or order of a regional board or of the state board. Except as provided in paragraph (2), the state board shall issue or deny the stay within 90 days of receipt of a request for stay that complies with the applicable regulations for requesting a stay. The party requesting the stay may extend the 90-day period. (2) (A) If the request for stay relates to either of the following, the state board shall issue or deny the stay within 45 days of receipt of a request for stay that complies with the applicable regulations for requesting the stay: (i) A water quality certification issued under Section 13160 authority delegated to an officer or employee of the state board for a discharge for a proposed activity associated with a hydroelectric facility and the proposed activity requires a license or an amendment to a license issued by the Federal Energy Regulatory Commission. (ii) A cleanup and abatement order issued under Section 13304 authority delegated to an officer or employee of the state board or a regional board that requires the provision of alternate water supplies within 120 days of the date of the order. (B) The party requesting a stay may extend the 45-day period described in subparagraph (A). (3) If the state board fails to issue or deny the stay within the applicable period specified in paragraph (1) or (2), the request for stay shall be deemed denied on the first day following the applicable period. (b) (1) Within 30 days of any order of the state board issuing or denying a stay or within 30 days of a stay being deemed denied pursuant to paragraph (3) of subdivision (a), any aggrieved party may file with the superior court a petition for writ of mandate for review of the state board’s order issuing or denying a stay or failure to issue or deny a stay. (2) (A) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed under this section. (B) If the superior court finds that the state board failed to follow the procedures specified in subdivision (a) or otherwise prejudicially abused its discretion, the superior court may set aside the state board’s order issuing or denying the stay and may stay, in whole or in part, the effect of the decision or order of a regional board or of the state board pending review by the state board. (C) Notwithstanding subparagraph (A) or (B), if a request for stay is subject to paragraph (2) of subdivision (a), the superior court may proceed without a certified administrative record and may stay, in whole or in part, the effect of the order or decision issued under delegated authority pending the state board’s review of the order or decision. The court shall not impose the stay if the court is satisfied that it is against the public interest. (3) In an action under this section or Section 13330 involving a water quality certification issued pursuant to Section 13160, the court shall not issue a stay or other order that enjoins or has the effect of preventing the state board from taking action necessary to avoid a waiver of water quality certification for failure to act within the period provided under federal law. In determining whether there is a risk of waiver, the court shall consider the applicable regulations or policies of the federal agency issuing the permit or license subject to the water quality certification. (c) If the state board or the superior court grants a stay under this section, the stay may be made effective as of the effective date of the regional board or state board decision or order. (d) If a petition is filed with the superior court under Section 13330, any stay in effect at the time of the filing of the petition shall remain in effect by operation of law for a period of 20 days from the date of the filing of that petition. (Amended by Stats. 2017, Ch. 561, Sec. 261. (AB 1516) Effective January 1, 2018.)
  60. 13323.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. )

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    This section sets out who may issue administrative civil liability complaints, how they must be served, when hearings must occur, when payment is due, and how certain information must be made public.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. ) ## 13323. (a) Any executive officer of a regional board may issue a complaint to any person on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability. (b) The complaint shall be served by certified mail, in accordance with Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt, and shall inform the party so served that a hearing before the regional board shall be conducted within 90 days after the party has been served. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. The person who has been issued a complaint may waive the right to a hearing. (c) In proceedings under this article for imposition of administrative civil liability by the state board, the executive director of the state board shall issue the complaint and any hearing shall be before the state board, or before a member of the state board in accordance with Section 183, and shall be conducted not later than 90 days after the party has been served. (d) Orders imposing administrative civil liability shall become effective and final upon issuance thereof, and are not subject to review by any court or agency except as provided by Sections 13320 and 13330. Payment shall be made not later than 30 days from the date on which the order is issued. The time for payment is extended during the period in which a person who is subject to an order seeks review under Section 13320 or 13330. Copies of these orders shall be served by certified mail, in accordance with Article 3 (commencing with Section 415.10) of, and Article 4 (commencing with Section 416.10) of, Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, or by any method of physical delivery that provides a receipt, upon the party served with the complaint and shall be provided to other persons who appeared at the hearing and requested a copy. For purposes of this subdivision, “physical delivery that provides a receipt” includes physical delivery methods that provide electronic confirmation of delivery to the intended address. (e) Information relating to hearing waivers and the imposition of administrative civil liability, as proposed to be imposed and as finally imposed, under this section shall be made available to the public by means of the internet. (Amended by Stats. 2023, Ch. 158, Sec. 7. (SB 756) Effective January 1, 2024.)
  61. 13326.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. )

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    A person cannot be subjected to both kinds of civil liability for the same act or failure to act.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. ) ## 13326. No person shall be subject to both civil liability imposed under this article and civil liability imposed by the superior court under Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) for the same act or failure to act. (Added by Stats. 1984, Ch. 1541, Sec. 4.)
  62. 13327.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. )

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    When setting civil liability, the regional board and the state board on review must consider listed violation, cleanup, toxicity, and violator factors.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. ) ## 13327. In determining the amount of civil liability, the regional board, and the state board upon review of any order pursuant to Section 13320, shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require. (Amended by Stats. 2001, Ch. 869, Sec. 4.5. Effective January 1, 2002.)
  63. 13328.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. )

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    After judicial review time has expired, the state board may seek a court judgment to collect a civil liability or penalty, and the court clerk must enter that judgment immediately.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Administrative Civil Liability [13323 - 13328] ( Article 2.5 added by Stats. 1984, Ch. 1541, Sec. 4. ) ## 13328. After the time for judicial review under Section 13330 has expired, the state board may apply to the clerk of the appropriate court in the county in which the civil liability or penalty was imposed, for a judgment to collect the civil liability or penalty. The application, which shall include a certified copy of the state board or regional board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. (Amended by Stats. 2002, Ch. 420, Sec. 8. Effective January 1, 2003.)
  64. 1333.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )

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    The protestant and the applicant must make a good faith effort to resolve the protest within 180 days after the Section 1330 period expires. For good cause, the board may allow more time.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 1333. The protestant and the applicant shall make a good faith effort to resolve the protest within 180 days from the date on which the period provided under Section 1330 expires. For good cause, the board may allow additional time for the protestant and the applicant to attempt to resolve the protest. (Added by Stats. 1997, Ch. 323, Sec. 8. Effective January 1, 1998.)
  65. 13330.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Judicial Review and Enforcement [13330 - 13331] ( Article 3 added by Stats. 1969, Ch. 482. )

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    This section sets deadlines and procedures for seeking reconsideration or judicial review of certain water board decisions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Judicial Review and Enforcement [13330 - 13331] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13330. (a) Not later than 30 days from the date of service of a copy of a decision or order issued by the state board under this division, other than a decision or order issued pursuant to Article 7 (commencing with Section 13550) of Chapter 7, any aggrieved party may file with the superior court a petition for writ of mandate for review of the decision or order. An aggrieved party must file a petition for reconsideration with the state board to exhaust that party’s administrative remedies only if the initial decision or order is issued under authority delegated to an officer or employee of the state board and the state board by regulation has authorized a petition for reconsideration. The state board shall order or deny reconsideration on a petition therefor not later than 90 days from the date the state board adopts the decision or order. (b) A party aggrieved by a final decision or order of a regional board subject to review under Section 13320 may obtain review of the decision or order of the regional board in the superior court by filing in the court a petition for writ of mandate not later than 30 days from the date on which the state board denies review. (c) The time for filing an action or proceeding subject to Section 21167 of the Public Resources Code for a person who seeks review of the regional board’s decision or order under Section 13320, or who seeks reconsideration under a state board regulation authorizing a petition for reconsideration, shall commence upon the state board’s completion of that review or reconsideration. (d) If no aggrieved party petitions for writ of mandate within the time provided by this section, a decision or order of the state board or a regional board shall not be subject to review by any court. (e) Except as provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which petitions are filed pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall exercise its independent judgment on the evidence in any case involving the judicial review of a decision or order of the state board issued under Section 13320, or a decision or order of a regional board for which the state board denies review under Section 13320, other than a decision or order issued under Section 13323. (f) Except as provided in this section, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer of the state board or a regional board to review, prevent, or enjoin any adjudicative proceeding under this division. Except as provided in this section and Section 13321, no legal or equitable process shall issue in any proceeding in any court against the state board, a regional board, or any officer or employee of the state board or a regional board to review, prevent, or enjoin a decision or order by the state board, a regional board, or any officer or employee of the state board or a regional board before a decision or order is issued and the procedures for administrative review of that decision or order have been exhausted. (g) A party aggrieved by a decision or order issued by the state board under Article 7 (commencing with Section 13550) of Chapter 7 may petition for reconsideration or judicial review in accordance with Chapter 4 (commencing with Section 1120) of Part 1 of Division 2. (h) For purposes of this section, a decision or order includes a final action in an adjudicative proceeding and an action subject to Section 11352 of the Government Code, but does not include an action subject to Section 11353 of the Government Code or the adoption, amendment, or repeal of a regulation under Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2016, Ch. 523, Sec. 3. (AB 2446) Effective January 1, 2017.)
  66. 13331.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Judicial Review and Enforcement [13330 - 13331] ( Article 3 added by Stats. 1969, Ch. 482. )

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    If a person does not comply with a cease and desist order, the Attorney General must ask the superior court for an injunction, and the court must order the defendants to appear and show cause.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. Judicial Review and Enforcement [13330 - 13331] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13331. (a) Upon the failure of any person or persons to comply with any cease and desist order issued by a regional board or the state board, the Attorney General, upon request of the board, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining such person or persons from continuing the discharge in violation of the cease and desist order. (b) The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant such prohibitory or mandatory relief as may be warranted. (Amended by Stats. 1996, Ch. 659, Sec. 25. Effective January 1, 1997.)
  67. 1334.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )

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    The board may ask the protestant or applicant for more information, must give a reasonable time to submit it, and may grant extra time for good cause.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 1334. The board may request from the protestant or the applicant additional information that the board determines is reasonably necessary to attempt to resolve the protest. The board shall provide a reasonable period for submitting the information, and may allow additional time for good cause shown. (Added by Stats. 1997, Ch. 323, Sec. 9. Effective January 1, 1998.)
  68. 13340.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Summary Judicial Abatement [13340- 13340.] ( Article 4 added by Stats. 1969, Ch. 482. )

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    If a regional board finds an emergency waste discharge causing pollution or nuisance, the Attorney General must ask the superior court to stop it.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 4. Summary Judicial Abatement [13340- 13340.] ( Article 4 added by Stats. 1969, Ch. 482. ) ## 13340. Whenever a regional board finds that a discharge of waste within its region is taking place or threatening to take place which does or will cause a condition of pollution or nuisance, constituting an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the board, shall petition the superior court to enjoin such discharge. The court shall have jurisdiction to grant such prohibitory or mandatory injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, and permanent injunction. (Added by Stats. 1969, Ch. 482.)
  69. 1335.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. )

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    The board may cancel a protest or application if requested information is not provided within the stated period, but there are limits in some cases.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 4. Protest of Application [1330 - 1335] ( Chapter 4 enacted by Stats. 1943, Ch. 368. ) ## 1335. (a) The board may cancel a protest or application for failure to provide information requested by the board under this article within the period provided. (b) Except as provided in subdivisions (c) and (d), a protest shall not be canceled for failure to submit information not in the possession or under the control of the protestant if the protest is in compliance with Section 1331 and the applicant is or could be required to submit the information under Section 1260 or 1275. (c) If a protest is based on interference with a prior right, the board may cancel the protest if the protestant fails to submit any of the following information requested by the board: (1) Information that the protestant is required to submit to the board to comply with Part 5.1 (commencing with Section 5100) during any period after the protest is filed. (2) Information that is reasonably necessary to determine if the protestant has a valid water right. (3) Information concerning the protestant’s historical, current, or proposed future diversion and use of water that is reasonably necessary to determine if the proposed appropriation will result in injury to the protestant’s exercise of its water right. (d) If the protest is based on an allegation that the proposed appropriation would not be in the public interest, would adversely affect public trust uses, or would have adverse environmental impact, the board may cancel the protest for failure to submit information requested by the board if the board determines both of the following: (1) The public review period has expired for any draft environmental document or negative declaration required to be circulated for public review and comment pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (2) In the absence of the requested information, there is no substantial evidence in light of the whole record to support the allegation. (Added by Stats. 1997, Ch. 323, Sec. 10. Effective January 1, 1998.)
  70. 13350.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Civil Monetary Remedies [13350 - 13351] ( Article 5 added by Stats. 1969, Ch. 482. )

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    This section lets courts and water boards impose civil liability for unlawful waste, oil, or hazardous substance discharges into state waters, with stated caps and minimums in some cases.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Civil Monetary Remedies [13350 - 13351] ( Article 5 added by Stats. 1969, Ch. 482. ) ## 13350. (a) A person who (1) violates a cease and desist order or cleanup and abatement order hereafter issued, reissued, or amended by a regional board or the state board, or (2) in violation of a waste discharge requirement, waiver condition, certification, or other order or prohibition issued, reissued, or amended by a regional board or the state board, discharges waste, or causes or permits waste to be deposited where it is discharged, into the waters of the state, or (3) causes or permits any oil or any residuary product of petroleum to be deposited in or on any of the waters of the state, except in accordance with waste discharge requirements or other actions or provisions of this division, shall be liable civilly, and remedies may be proposed, in accordance with subdivision (d) or (e). (b) (1) A person who, without regard to intent or negligence, causes or permits a hazardous substance to be discharged in or on any of the waters of the state, except in accordance with waste discharge requirements or other provisions of this division, shall be strictly liable civilly in accordance with subdivision (d) or (e). (2) For purposes of this subdivision, the term “discharge” includes only those discharges for which Section 13260 directs that a report of waste discharge shall be filed with the regional board. (3) For purposes of this subdivision, the term “discharge” does not include an emission excluded from the applicability of Section 311 of the Clean Water Act (33 U.S.C. Sec. 1321) pursuant to Environmental Protection Agency regulations interpreting Section 311(a)(2) of the Clean Water Act (33 U.S.C. Sec. 1321(a)(2)). (c) A person shall not be liable under subdivision (b) if the discharge is caused solely by any one or combination of the following: (1) An act of war. (2) An unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (3) Negligence on the part of the state, the United States, or any department or agency thereof. However, this paragraph shall not be interpreted to provide the state, the United States, or any department or agency thereof a defense to liability for any discharge caused by its own negligence. (4) An intentional act of a third party, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (5) Any other circumstance or event that causes the discharge despite the exercise of every reasonable precaution to prevent or mitigate the discharge. (d) The court may impose civil liability either on a daily basis or on a per gallon basis, but not on both. (1) The civil liability on a daily basis shall not exceed fifteen thousand dollars ($15,000) for each day the violation occurs. (2) The civil liability on a per gallon basis shall not exceed twenty dollars ($20) for each gallon of waste discharged. (e) The state board or a regional board may impose civil liability administratively pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 either on a daily basis or on a per gallon basis, but not on both. (1) The civil liability on a daily basis shall not exceed five thousand dollars ($5,000) for each day the violation occurs. (A) When there is a discharge, and a cleanup and abatement order is issued, except as provided in subdivision (f), the civil liability shall not be less than five hundred dollars ($500) for each day in which the discharge occurs and for each day the cleanup and abatement order is violated. (B) When there is no discharge, but an order issued by the regional board is violated, except as provided in subdivision (f), the civil liability shall not be less than one hundred dollars ($100) for each day in which the violation occurs. (2) The civil liability on a per gallon basis shall not exceed ten dollars ($10) for each gallon of waste discharged. (f) A regional board shall not administratively impose civil liability in accordance with paragraph (1) of subdivision (e) in an amount less than the minimum amount specified, unless the regional board makes express findings setting forth the reasons for its action based upon the specific factors required to be considered pursuant to Section 13327. (g) The Attorney General, upon request of a regional board or the state board, shall petition the superior court to impose, assess, and recover the sums. Except in the case of a violation of a cease and desist order, a regional board or the state board shall make the request only after a hearing, with due notice of the hearing given to all affected persons. In determining the amount to be imposed, assessed, or recovered, the court shall be subject to Section 13351. (h) Article 3 (commencing with Section 13330) and Article 6 (commencing with Section 13360) apply to proceedings to impose, assess, and recover an amount pursuant to this article. (i) A person who incurs any liability established under this section shall be entitled to contribution for that liability from a third party, in an action in the superior court and upon proof that the discharge was caused in whole or in part by an act or omission of the third party, to the extent that the discharge is caused by the act or omission of the third party, in accordance with the principles of comparative fault. (j) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal, except that no liability shall be recoverable under subdivision (b) for any discharge for which liability is recovered under Section 13385. (k) Notwithstanding any other law, all funds generated by the imposition of liabilities pursuant to this section shall be deposited into the Waste Discharge Permit Fund. These moneys shall be separately accounted for, and shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443, or to assist in implementing Chapter 7.3 (commencing with Section 13560). (l) This section shall become operative on July 1, 2017. (Repealed (in Sec. 185) and added by Stats. 2014, Ch. 35, Sec. 186. (SB 861) Effective June 20, 2014. Section operative July 1, 2017, by its own provisions.)
  71. 13351.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Civil Monetary Remedies [13350 - 13351] ( Article 5 added by Stats. 1969, Ch. 482. )

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    When setting civil liability under this chapter, the superior court must consider several listed factors about the violation and the violator.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 5. Civil Monetary Remedies [13350 - 13351] ( Article 5 added by Stats. 1969, Ch. 482. ) ## 13351. In determining the amount of civil liability to be imposed pursuant to this chapter, the superior court shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require. (Amended by Stats. 2001, Ch. 869, Sec. 6. Effective January 1, 2002.)
  72. 13360.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. General Provisions Relating to Enforcement and Review [13360 - 13362] ( Article 6 added by Stats. 1969, Ch. 482. )

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    Orders and decrees under this division generally cannot dictate the exact design or method of compliance, and the ordered person may comply lawfully in any way. A court may, however, issue a reasonable order requiring specific measures if an injunction would be impracticable.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. General Provisions Relating to Enforcement and Review [13360 - 13362] ( Article 6 added by Stats. 1969, Ch. 482. ) ## 13360. (a) No waste discharge requirement or other order of a regional board or the state board or decree of a court issued under this division shall specify the design, location, type of construction, or particular manner in which compliance may be had with that requirement, order, or decree, and the person so ordered shall be permitted to comply with the order in any lawful manner. However, the restrictions of this section shall not apply to waste discharge requirements or orders or decrees with respect to any of the following: (1) Discharge of solid waste to disposal sites other than evaporation ponds from which there is no drainage or seepage which requires the installation of riprap, the construction of walls and dikes, the installation of surface and underground drainage facilities to prevent runoff from entering the disposal area or leakage to underground or surface waters, or other reasonable requirements to achieve the above or similar purposes. (2) Discharges of waste or fluid to an injection well, except any well which is regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F of Part 147 of Title 40 of the Code of Federal Regulations and is in compliance with that division and Subpart A (commencing with Section 146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations. (b) If the court, in an action for an injunction brought under this division, finds that the enforcement of an injunction restraining the discharger from discharging waste would be impracticable, the court may issue any order reasonable under the circumstances requiring specific measures to be undertaken by the discharger to comply with the discharge requirements, order, or decree. (Amended by Stats. 1986, Ch. 1013, Sec. 9. Effective September 23, 1986.)
  73. 13361.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. General Provisions Relating to Enforcement and Review [13360 - 13362] ( Article 6 added by Stats. 1969, Ch. 482. )

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    When a regional board or the state board requests a civil action under this division, the Attorney General must file it in the name of the people of the State of California.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 6. General Provisions Relating to Enforcement and Review [13360 - 13362] ( Article 6 added by Stats. 1969, Ch. 482. ) ## 13361. (a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated. (b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located. (c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof. (Amended by Stats. 2016, Ch. 523, Sec. 4. (AB 2446) Effective January 1, 2017.)
  74. 13365.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Hazardous Substance Removal and Remedial Action Charges [13365- 13365.] ( Article 7 added by Stats. 1996, Ch. 607, Sec. 1. )

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    This section requires the agency to set up a billing system and follow detailed notice, invoicing, and record-sharing rules before charging a responsible party for hazardous-substance response costs, with limited exceptions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5. Enforcement and Implementation [13300 - 13365] ( Chapter 5 added by Stats. 1969, Ch. 482. ) ## ARTICLE 7. Hazardous Substance Removal and Remedial Action Charges [13365- 13365.] ( Article 7 added by Stats. 1996, Ch. 607, Sec. 1. ) ## 13365. (a) (1) For purposes of this article, unless the context otherwise requires, “agency” means the state board or a regional board. (2) The terms used in this article shall have the same meaning as the definitions specified in the statutory authority under which the agency takes any action subject to this article, except that, notwithstanding subdivision (b) of Section 78075 of the Health and Safety Code, for purposes of this article, “hazardous substance” includes a hazardous substance specified in subdivision (h) of Section 25281 of the Health and Safety Code. (b) On or before July 1, 1997, the agency shall adopt a billing system for the agency’s cost recovery of investigation, analysis, planning, implementation, oversight, or other activity related to the removal or remedial or corrective action of a release of a hazardous substance that includes both of the following: (1) Billing rates and overhead rates by employee job classification. (2) Standardized description of work tasks. (c) Notwithstanding any other provision of law, after July 1, 1997, any charge imposed upon a responsible party by the agency, to compensate the agency for some, or all, of its costs incurred in connection with the agency’s investigation, analysis, planning, implementation, oversight, or other activity related to a removal or remedial action or a corrective action to a release of a hazardous substance, shall not be assessed or collected unless all of the following requirements are met: (1) Except as provided in subdivision (f), prior to commencing the work or service for which the charge is assessed, and at least annually thereafter if the work or service is continuing, the agency shall provide all of the following information to the responsible party: (A) A detailed estimate of the work to be performed or services to be provided, including a statement of the expected outcome of that work, based upon data available to the agency at the time. (B) The billing rates for all individuals and classes of employees expected to engage in the work or service. (C) An estimate of all expected charges to be billed to the responsible party by the agency, including, but not limited to, any overhead assessments that the agency may be authorized to levy. (2) (A) Invoices shall be issued not less than semiannually with appropriate incentives for prompt payment. (B) Invoices shall be mailed to the correct person or persons for the responsible party or parties. (C) Invoices shall provide a daily detail of work performed and time spent by each employee and contractor employee using the billing and overhead rates and the standardized description of work tasks adopted pursuant to subdivision (b). (D) Invoices shall include the source and amount of all other charges. (E) Invoices shall be supplemented with statements of any changes in rates and a justification for any changes. (F) Invoices shall be reviewed for accuracy and appropriateness. (3) Upon request and within a reasonable time, not to exceed 30 working days from the date of receipt of a request, the agency shall provide the responsible party with copies of time records and other materials supporting the invoice described in paragraph (2). No fees or charges may be assessed for the preparation and delivery of those copies pursuant to this section. (4) The agency shall identify a party who is responsible for resolving disputes regarding the charges subject to this section and who is not responsible for, or performing, the work or service for which the charges are assessed. (d) The agency may adjust the scope of the work or service, type of studies, or other tasks to be performed, based upon analyses necessary to accommodate new information regarding the extent of contamination of the site, and only after providing written notice of the change to the responsible party containing the information specified in paragraph (1) of subdivision (c). (e) The agency may increase billing rates not more than once each calendar year, to the extent authorized by law. Any increase in billing rates or other charges, including, but not limited to, overhead charges, shall operate prospectively only, and shall take effect not sooner than 10 days from the date that written notice has been provided to the responsible party. (f) (1) Paragraph (1) of subdivision (c) shall not apply when a situation exists that requires prompt action to protect human health or safety or the environment. (2) Paragraph (1) of subdivision (c) does not apply with respect to those responsible parties who are not identified until after the beginning of a removal or remedial action or corrective action to a release of a hazardous substance. (Amended by Stats. 2022, Ch. 258, Sec. 127. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  75. 13367.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.2. Preproduction Plastic Debris Program [13367- 13367.] ( Chapter 5.2 added by Stats. 2007, Ch. 735, Sec. 2. )

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    The state board and regional boards must create and implement a program to control preproduction plastic discharges, and facilities handling preproduction plastic must follow the required best management practices or the no-exposure certification criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.2. Preproduction Plastic Debris Program [13367- 13367.] ( Chapter 5.2 added by Stats. 2007, Ch. 735, Sec. 2. ) ## 13367. (a) For purposes of this chapter, “preproduction plastic” includes plastic resin pellets and powdered coloring for plastics. (b) (1) The state board and the regional boards shall implement a program to control discharges of preproduction plastic from point and nonpoint sources. The state board shall determine the appropriate regulatory methods to address the discharges from these point and nonpoint sources. (2) The state board, when developing this program, shall consult with any regional board with plastic manufacturing, handling, and transportation facilities located within the regional board’s jurisdiction that has already voluntarily implemented a program to control discharges of preproduction plastic. (c) The program control measures shall, at a minimum, include waste discharge, monitoring, and reporting requirements that target plastic manufacturing, handling, and transportation facilities. (d) The program shall, at a minimum, require plastic manufacturing, handling, and transportation facilities to implement best management practices to control discharges of preproduction plastics. A facility that handles preproduction plastic shall comply with either subdivision (e) or the criteria established pursuant to subdivision (f). (e) At a minimum, the state board shall require the following best management practices in all permits issued under the national pollutant discharge elimination system (NPDES) program that regulate plastic manufacturing, handling, or transportation facilities: (1) Appropriate containment systems shall be installed at all onsite storm drain discharge locations that are down-gradient of areas where preproduction plastic is present or transferred. A facility shall install a containment system that is defined as a device or series of devices that traps all particles retained by a one millimeter mesh screen and has a design treatment capacity of not less than the peak flowrate resulting from a one-year, one-hour storm in each of the down-gradient drainage areas. When the installation of a containment system is not appropriate because one or more of a facility’s down-gradient drainage areas is not discharged through a stormwater conveyance system, or when the regional board determines that a one millimeter or similar mesh screen is not appropriate at one or more down-gradient discharge locations, the regulated facility shall identify and propose for approval by the regional board technically feasible alternative storm drain control measures that are designed to achieve the same performance as a one millimeter mesh screen. (2) At all points of preproduction plastic transfer, measures shall be taken to prevent discharge, including, but not limited to, sealed containers durable enough so as not to rupture under typical loading and unloading activities. (3) At all points of preproduction plastic storage, preproduction plastic shall be stored in sealed containers that are durable enough so as not to rupture under typical loading and unloading activities. (4) At all points of storage and transfer of preproduction plastic, capture devices shall be in place under all transfer valves and devices used in loading, unloading, or other transfer of preproduction plastic. (5) A facility shall make available to its employees a vacuum or vacuum type system, for quick cleanup of fugitive preproduction plastic. (f) The state board shall include criteria for submitting a no exposure certification pursuant to Section 122.26(g) of Title 40 of the Code of Federal Regulations in all NPDES permits regulating plastic manufacturing, handling, or transportation facilities. Facilities that satisfy the no exposure certification criteria are conditionally exempt from the permitting requirements pursuant to Section 122.26 of Title 40 of the Code of Federal Regulations. The no exposure certification shall be required every five years or more frequently as determined by the state board or a regional board. (g) The state board and the regional boards shall implement this chapter by January 1, 2009. (h) Nothing in this chapter limits the authority of the state board or the regional boards to establish requirements in addition to the best management practices for the elimination of discharges of preproduction plastic. (Added by Stats. 2007, Ch. 735, Sec. 2. Effective January 1, 2008.)
  76. 13369.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.4. Nonpoint Source Pollution Control Program [13369- 13369.] ( Chapter 5.4 added by Stats. 1999, Ch. 560, Sec. 1. )

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    The state board must prepare a detailed nonpoint source pollution control program, address specified federal and state provisions, and develop enforcement guidance by February 1, 2001.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.4. Nonpoint Source Pollution Control Program [13369- 13369.] ( Chapter 5.4 added by Stats. 1999, Ch. 560, Sec. 1. ) ## 13369. (a) The state board, in consultation with the regional boards, the California Coastal Commission, and other appropriate state agencies and advisory groups, as necessary, shall prepare a detailed program for the purpose of implementing the state’s nonpoint source management plan. The board shall address all applicable provisions of the Clean Water Act, including Section 319 (33 U.S.C. Sec. 1329), as well as Section 6217 of the federal Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), and this division in the preparation of this detailed implementation program. (b) (1) The program shall include all of the following components: (A) Nonregulatory implementation of best management practices. (B) Regulatory-based incentives for best management practices. (C) The adoption and enforcement of waste discharge requirements that will require the implementation of best management practices. (2) In connection with its duties under this subdivision to prepare and implement the state’s nonpoint source management plan, the state board shall develop, on or before February 1, 2001, guidance to be used by the state board and the regional boards for the purpose of describing the process by which the state board and the regional boards will enforce the state’s nonpoint source management plan, pursuant to this division. (Amended by Stats. 2012, Ch. 728, Sec. 182. (SB 71) Effective January 1, 2013.)
  77. 13370.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    This section says California is authorizing state implementation of the Federal Water Pollution Control Act and requires the state board to request federal funding for that program.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13370. The Legislature finds and declares as follows: (a) The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, provides for permit systems to regulate the discharge of pollutants and dredged or fill material to the navigable waters of the United States and to regulate the use and disposal of sewage sludge. (b) The Federal Water Pollution Control Act, as amended, provides that permits may be issued by states which are authorized to implement the provisions of that act. (c) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, to enact this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, provided, that the state board shall request federal funding under the Federal Water Pollution Control Act for the purpose of carrying out its responsibilities under this program. (Amended by Stats. 1987, Ch. 1189, Sec. 1.)
  78. 13370.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    The state board must develop a state pretreatment program and apply to the EPA for approval by September 1, 1985.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13370.5. (a) The Legislature finds and declares that, since the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, and applicable federal regulations (40 C.F.R. 403 et seq.) provide for a pretreatment program to regulate the discharge of pollutants into publicly owned treatment works and provide that states with approved national pollutant discharge elimination system (NPDES) permit programs shall apply for approval of a state pretreatment program, it is in the interest of the people of the state to enact this section in order to avoid direct regulation by the federal government of publicly owned treatment works already subject to regulation under state law pursuant to this division. (b) The state board shall develop a state pretreatment program and shall, not later than September 1, 1985, apply to the Environmental Protection Agency for approval of the pretreatment program in accordance with federal requirements. (Added by Stats. 1984, Ch. 1542, Sec. 1.)
  79. 13372.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    This section says Chapter 5.5 must be read to stay consistent with the Federal Water Pollution Control Act, and the chapter controls if there is a conflict.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13372. (a) This chapter shall be construed to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. To the extent other provisions of this division are consistent with the provisions of this chapter and with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, those provisions apply to actions and procedures provided for in this chapter. The provisions of this chapter shall prevail over other provisions of this division to the extent of any inconsistency. The provisions of this chapter apply only to actions required under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. (b) The provisions of Section 13376 requiring the filing of a report for the discharge of dredged or fill material and the provisions of this chapter relating to the issuance of dredged or fill material permits by the state board or a regional board shall be applicable only to discharges for which the state has an approved permit program, in accordance with the provisions of the Federal Water Pollution Control Act, as amended, for the discharge of dredged or fill material. (Amended by Stats. 2003, Ch. 683, Sec. 5. Effective January 1, 2004.)
  80. 13373.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    This section says several water-quality terms have the same meaning as under the Federal Water Pollution Control Act and related amendments.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13373. The terms “navigable waters,” “administrator,” “pollutants,” “biological monitoring,” “discharge” and “point sources” as used in this chapter shall have the same meaning as in the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. (Amended by Stats. 1987, Ch. 1189, Sec. 4.)
  81. 13374.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    This section says that “waste discharge requirements” in this division means the same thing as “permits” under the Federal Water Pollution Control Act, as amended.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13374. The term “waste discharge requirements” as referred to in this division is the equivalent of the term “permits” as used in the Federal Water Pollution Control Act, as amended. (Added by Stats. 1972, Ch. 1256.)
  82. 13375.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    Discharging radiological, chemical, or biological warfare agents into the waters of the state is prohibited.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13375. The discharge of any radiological, chemical, or biological warfare agent into the waters of the state is hereby prohibited. (Added by Stats. 1972, Ch. 1256.)
  83. 13376.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    This section requires reports for certain pollutant or dredged/fill material discharges and for some treatment works operations, and it prohibits those discharges or operations unless authorized.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13376. A person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of the discharge in compliance with the procedures set forth in Section 13260. Unless required by the state board or a regional board, a report need not be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended. A person who proposes to discharge pollutants or dredged or fill material or to operate a publicly owned treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works. A person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. The discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits, is prohibited. This prohibition does not apply to discharges or operations if a state or federal permit is not required under the Federal Water Pollution Control Act, as amended. (Amended by Stats. 2010, Ch. 288, Sec. 32. (SB 1169) Effective January 1, 2011.)
  84. 13377.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    The state board or regional boards must issue waste discharge requirements and dredged or fill material permits as required or authorized by the federal act.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13377. Notwithstanding any other provision of this division, the state board or the regional boards shall, as required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements and dredged or fill material permits which apply and ensure compliance with all applicable provisions of the act and acts amendatory thereof or supplementary, thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance. (Amended by Stats. 1978, Ch. 746.)
  85. 13378.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    Waste discharge requirements and dredged or fill material permits may be adopted only after notice and any necessary hearing, and they must be for a fixed term of no more than five years.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13378. Waste discharge requirements and dredged or fill material permits shall be adopted only after notice and any necessary hearing. Such requirements or permits shall be adopted for a fixed term not to exceed five years for any proposed discharge, existing discharge, or any material change therein. (Amended by Stats. 1978, Ch. 746.)
  86. 13380.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    Permits and waste discharge requirements under this chapter must be reviewed at least every five years and revised if appropriate.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13380. Any waste discharge requirements or dredged or fill material permits adopted under this chapter shall be reviewed at least every five years and, if appropriate, revised. (Amended by Stats. 1978, Ch. 746.)
  87. 13381.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    Permits or waste discharge requirements may be terminated or modified for cause.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13381. Waste discharge requirements or dredged or fill material permits may be terminated or modified for cause, including, but not limited to, all of the following: (a) Violation of any condition contained in the requirements or permits. (b) Obtaining the requirements by misrepresentation, or failure to disclose fully all relevant facts. (c) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. (Amended by Stats. 1978, Ch. 746.)
  88. 13382.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    Waste discharge requirements must be adopted to control pollutant disposal into wells or into areas where pollutants may enter a well from surrounding groundwater.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13382. Waste discharge requirements shall be adopted to control the disposal of pollutants into wells or in areas where pollutants may enter into a well from the surrounding groundwater. (Amended by Stats. 1984, Ch. 1461, Sec. 1.)
  89. 13382.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    Waste discharge requirements may be adopted to allow certain pollutant discharges from a point source to a managed aquaculture project if required federal law and any stricter water-quality standards are met.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13382.5. Waste discharge requirements shall be adopted to permit the discharge of a specific pollutant or pollutants in a controlled manner from a point source to a defined managed aquaculture project if such discharge meets all applicable requirements of the Federal Water Pollution Control Act and acts amendatory thereof and supplementary thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans. (Added by Stats. 1978, Ch. 618.)
  90. 13383.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    The state board or a regional board may require certain dischargers and treatment works operators to keep monitoring equipment or methods, sample effluent, and provide information, and may inspect their facilities.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383. (a) The state board or a regional board may establish monitoring, inspection, entry, reporting, and recordkeeping requirements, as authorized by Section 13160, 13376, or 13377 or by subdivisions (b) and (c) of this section, for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge. (b) The state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required. (c) The state board or a regional board may inspect the facilities of any person subject to this section pursuant to the procedure set forth in subdivision (c) of Section 13267. (Amended by Stats. 2003, Ch. 683, Sec. 6. Effective January 1, 2004.)
  91. 13383.10.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    The state board must publish and maintain a website list of applicable SIC codes, and later require certain NONA/NEC recipients to upload supporting information to the stormwater tracking database.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383.10. (a) On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency. (b) On or before June 1, 2023, the state board shall require all recipients of a nonapplicability (NONA) identification number or no exposure certification (NEC) identification number issued for a facility by the state board on or after January 1, 2020, to upload all pertinent information used to seek a NONA or NEC to the state board’s Stormwater Multiple Application and Report Tracking System database. (Amended by Stats. 2022, Ch. 678, Sec. 4. (SB 891) Effective January 1, 2023.)
  92. 13383.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    The state board must develop storm water monitoring requirements, and permits must include them when reissued under the section’s schedule.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383.5. (a) As used in this section, “regulated municipalities and industries” means the municipalities and industries required to obtain a storm water permit under Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and implementing regulations. (b) This section only applies to regulated municipalities that were subject to a storm water permit on or before December 31, 2001, and to regulated industries that are subject to the General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities. (c) Before January 1, 2003, the state board shall develop minimum monitoring requirements for each regulated municipality and minimum standard monitoring requirements for regulated industries. This program shall include, but is not limited to, all of the following: (1) Standardized methods for collection of storm water samples. (2) Standardized methods for analysis of storm water samples. (3) A requirement that every sample analysis under this program be completed by a state certified laboratory or by the regulated municipality or industry in the field in accordance with the quality assurance and quality control protocols established pursuant to this section. (4) A standardized reporting format. (5) Standard sampling and analysis programs for quality assurance and quality control. (6) Minimum detection limits. (7) Annual reporting requirements for regulated municipalities and industries. (8) For the purposes of determining constituents to be sampled for, sampling intervals, and sampling frequencies, to be included in a municipal storm water permit monitoring program, the regional board shall consider the following information, as the regional board determines to be applicable: (A) Discharge characterization monitoring data. (B) Water quality data collected through the permit monitoring program. (C) Applicable water quality data collected, analyzed, and reported by federal, state, and local agencies, and other public and private entities. (D) Any applicable listing under Section 303(d) of the Clean Water Act (33 U.S.C. Sec. 1313). (E) Applicable water quality objectives and criteria established in accordance with the regional board basin plans, statewide plans, and federal regulations. (F) Reports and studies regarding source contribution of pollutants in runoff not based on direct water quality measurements. (d) The requirements prescribed pursuant to this section shall be included in all storm water permits for regulated municipalities and industries that are reissued following development of the requirements described in subdivision (c). Those permits shall include these provisions on or before July 1, 2008. In a year in which the Legislature appropriates sufficient funds for that purpose, the state board shall make available to the public via the Internet a summary of the results obtained from storm water monitoring conducted in accordance with this section. (Added by Stats. 2001, Ch. 492, Sec. 1. Effective January 1, 2002.)
  93. 13383.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    A permittee may, with board approval, meet a stormwater permit education-materials requirement by paying an equivalent amount into the Environmental Education Account.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383.6. On and after January 1, 2007, if a regional board or the state board issues a municipal stormwater permit pursuant to Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) that includes a requirement to provide elementary and secondary public schools with educational materials on stormwater pollution, the permittee may satisfy the requirement, upon approval by the regional board or state board, by contributing an equivalent amount of funds to the Environmental Education Account established pursuant to subdivision (a) of Section 71305 of the Public Resources Code. (Added by Stats. 2005, Ch. 581, Sec. 7. Effective January 1, 2006.)
  94. 13383.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    The state board must create guidance on measuring municipal stormwater program effectiveness, and the state board and regional boards must use that guidance when setting stormwater program and permit requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383.7. (a) No later than July 1, 2009, and after holding public workshops and soliciting public comments, the state board shall develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and this division. (b) For the purpose of implementing subdivision (a), the state board shall promote the use of quantifiable measures for evaluating the effectiveness of municipal stormwater management programs and provide for the evaluation of, at a minimum, all of the following: (1) Compliance with stormwater permitting requirements, including all of the following: (A) Inspection programs. (B) Construction controls. (C) Elimination of unlawful discharges. (D) Public education programs. (E) New development and redevelopment requirements. (2) Reduction of pollutant loads from pollution sources. (3) Reduction of pollutants or stream erosion due to stormwater discharge. (4) Improvements in the quality of receiving water in accordance with water quality standards. (c) The state board and the regional boards shall refer to the guidance document developed pursuant to subdivision (a) when establishing requirements in municipal stormwater programs and permits. (Added by Stats. 2007, Ch. 610, Sec. 6. Effective January 1, 2008.)
  95. 13383.8.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    The state board must appoint a stormwater management task force and must submit a report to the Ocean Protection Council by January 1, 2009.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383.8. (a) The state board shall appoint a stormwater management task force comprised of public agencies, representatives of the regulated community, and nonprofit organizations with expertise in water quality and stormwater management. The task force shall provide advice to the state board on its stormwater management program that may include, but is not limited to, program priorities, funding criteria, project selection, and interagency coordination of state programs that address stormwater management. (b) The state board shall submit a report, including, but not limited to, stormwater and other polluted runoff control information, to the Ocean Protection Council no later than January 1, 2009, on the way in which the state board is implementing the priority goals and objectives of the council’s strategic plan. (Added by Stats. 2007, Ch. 610, Sec. 7. Effective January 1, 2008.)
  96. 13383.9.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    The state board must establish an online resource center about measures municipalities can use to comply with municipal stormwater permit requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13383.9. The state board shall establish an online resource center that addresses measures available for municipalities to comply with municipal stormwater permit requirements and may include the following information: (a) Links to the following: (1) Relevant state, federal, and local agencies regarding municipal separate storm sewer system national pollutant discharge elimination system permits. (2) Water quality mitigation measures for watershed management programs or enhanced watershed management programs. (3) Various regional agencies related to stormwater, including, but not limited to, public works departments and special districts. (b) A library of scientific studies relevant to stormwater issues confronting our communities. (Added by Stats. 2016, Ch. 153, Sec. 1. (SB 1260) Effective January 1, 2017.)
  97. 13384.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

    Verify source ↗

    The state board or regional boards must make sure the public and any affected state get notice of certain discharge or permit applications and have a chance for a public hearing before the requirement or permit is adopted.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13384. The state board or the regional boards shall ensure that the public, and that any other state, the waters of which may be affected by any discharge of pollutants or dredged or fill material to navigable waters within this state, shall receive notice of each application for requirements or report of waste discharge or application for a dredged or fill material permit or report of dredged or fill material discharge and are provided an opportunity for public hearing before adoption of such requirements or permit. (Amended by Stats. 1978, Ch. 746.)
  98. 13385.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    This section makes a person civilly liable for violating listed water-quality requirements and sets daily penalties, extra discharge-based penalties, and mandatory minimum penalties in some cases.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13385. (a) A person who violates any of the following shall be liable civilly in accordance with this section: (1) Section 13375 or 13376. (2) A waste discharge requirement or dredged or fill material permit issued pursuant to this chapter or any water quality certification issued pursuant to Section 13160. (3) A requirement established pursuant to Section 13383. (4) An order or prohibition issued pursuant to Section 13243 or Article 1 (commencing with Section 13300) of Chapter 5, if the activity subject to the order or prohibition is subject to regulation under this chapter. (5) A requirement of Section 301, 302, 306, 307, 308, 318, 401, or 405 of the federal Clean Water Act (33 U.S.C. Sec. 1311, 1312, 1316, 1317, 1318, 1341, or 1345), as amended. (6) A requirement imposed in a pretreatment program approved pursuant to waste discharge requirements issued under Section 13377 or approved pursuant to a permit issued by the administrator. (b) (1) Civil liability may be imposed by the superior court in an amount not to exceed the sum of both of the following: (A) Twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (B) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed twenty-five dollars ($25) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons. (2) The Attorney General, upon request of a regional board or the state board, shall petition the superior court to impose the liability. (c) Civil liability may be imposed administratively by the state board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 in an amount not to exceed the sum of both of the following: (1) Ten thousand dollars ($10,000) for each day in which the violation occurs. (2) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons. (d) For purposes of subdivisions (b) and (c), “discharge” includes any discharge to navigable waters of the United States, any introduction of pollutants into a publicly owned treatment works, or any use or disposal of sewage sludge. (e) In determining the amount of any liability imposed under this section, the regional board, the state board, or the superior court, as the case may be, shall take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue its business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters that justice may require. At a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation. (f) (1) Except as provided in paragraph (2), for the purposes of this section, a single operational upset that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. (2) (A) For the purposes of subdivisions (h) and (i), a single operational upset in a wastewater treatment unit that treats wastewater using a biological treatment process shall be treated as a single violation, even if the operational upset results in violations of more than one effluent limitation and the violations continue for a period of more than one day, if all of the following apply: (i) The discharger demonstrates all of the following: (I) The upset was not caused by wastewater treatment operator error and was not due to discharger negligence. (II) But for the operational upset of the biological treatment process, the violations would not have occurred nor would they have continued for more than one day. (III) The discharger carried out all reasonable and immediately feasible actions to reduce noncompliance with the applicable effluent limitations. (ii) The discharger is implementing an approved pretreatment program, if so required by federal or state law. (B) Subparagraph (A) only applies to violations that occur during a period for which the regional board has determined that violations are unavoidable, but in no case may that period exceed 30 days. (g) Remedies under this section are in addition to, and do not supersede or limit, any other remedies, civil or criminal, except that no liability shall be recoverable under Section 13261, 13265, 13268, or 13350 for violations for which liability is recovered under this section. (h) (1) Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation. (2) For the purposes of this section, a “serious violation” means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more. (i) (1) Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations: (A) Violates a waste discharge requirement effluent limitation. (B) Fails to file a report pursuant to Section 13260. (C) Files an incomplete report pursuant to Section 13260. (D) Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge requirements do not contain pollutant-specific effluent limitations for toxic pollutants. (2) For the purposes of this section, a “period of six consecutive months” means the period commencing on the date that one of the violations described in this subdivision occurs and ending 180 days after that date. (j) Subdivisions (h) and (i) do not apply to any of the following: (1) A violation caused by one or any combination of the following: (A) An act of war. (B) An unanticipated, grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (C) An intentional act of a third party, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (D) (i) The operation of a new or reconstructed wastewater treatment unit during a defined period of adjusting or testing, not to exceed 90 days for a wastewater treatment unit that relies on a biological treatment process and not to exceed 30 days for any other wastewater treatment unit, if all of the following requirements are met: (I) The discharger has submitted to the regional board, at least 30 days in advance of the operation, an operations plan that describes the actions the discharger will take during the period of adjusting and testing, including steps to prevent violations and identifies the shortest reasonable time required for the period of adjusting and testing, not to exceed 90 days for a wastewater treatment unit that relies on a biological treatment process and not to exceed 30 days for any other wastewater treatment unit. (II) The regional board has not objected in writing to the operations plan. (III) The discharger demonstrates that the violations resulted from the operation of the new or reconstructed wastewater treatment unit and that the violations could not have reasonably been avoided. (IV) The discharger demonstrates compliance with the operations plan. (V) In the case of a reconstructed wastewater treatment unit, the unit relies on a biological treatment process that is required to be out of operation for at least 14 days in order to perform the reconstruction, or the unit is required to be out of operation for at least 14 days and, at the time of the reconstruction, the cost of reconstructing the unit exceeds 50 percent of the cost of replacing the wastewater treatment unit. (ii) For the purposes of this section, “wastewater treatment unit” means a component of a wastewater treatment plant that performs a designated treatment function. (2) (A) Except as provided in subparagraph (B), a violation of an effluent limitation where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300, if all of the following requirements are met: (i) The cease and desist order or time schedule order is issued after January 1, 1995, but not later than July 1, 2000, specifies the actions that the discharger is required to take in order to correct the violations that would otherwise be subject to subdivisions (h) and (i), and the date by which compliance is required to be achieved and, if the final date by which compliance is required to be achieved is later than one year from the effective date of the cease and desist order or time schedule order, specifies the interim requirements by which progress towards compliance will be measured and the date by which the discharger will be in compliance with each interim requirement. (ii) The discharger has prepared and is implementing in a timely and proper manner, or is required by the regional board to prepare and implement, a pollution prevention plan that meets the requirements of Section 13263.3. (iii) The discharger demonstrates that it has carried out all reasonable and immediately feasible actions to reduce noncompliance with the waste discharge requirements applicable to the waste discharge and the executive officer of the regional board concurs with the demonstration. (B) Subdivisions (h) and (i) shall become applicable to a waste discharge on the date the waste discharge requirements applicable to the waste discharge are revised and reissued pursuant to Section 13380, unless the regional board does all of the following on or before that date: (i) Modifies the requirements of the cease and desist order or time schedule order as may be necessary to make it fully consistent with the reissued waste discharge requirements. (ii) Establishes in the modified cease and desist order or time schedule order a date by which full compliance with the reissued waste discharge requirements shall be achieved. For the purposes of this subdivision, the regional board may not establish this date later than five years from the date the waste discharge requirements were required to be reviewed pursuant to Section 13380. If the reissued waste discharge requirements do not add new effluent limitations or do not include effluent limitations that are more stringent than those in the original waste discharge requirements, the date shall be the same as the final date for compliance in the original cease and desist order or time schedule order or five years from the date that the waste discharge requirements were required to be reviewed pursuant to Section 13380, whichever is earlier. (iii) Determines that the pollution prevention plan required by clause (ii) of subparagraph (A) is in compliance with the requirements of Section 13263.3 and that the discharger is implementing the pollution prevention plan in a timely and proper manner. (3) A violation of an effluent limitation where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300 or 13308, if all of the following requirements are met: (A) The cease and desist order or time schedule order is issued on or after July 1, 2000, and specifies the actions that the discharger is required to take in order to correct the violations that would otherwise be subject to subdivisions (h) and (i). (B) The regional board finds that, for one of the following reasons, the discharger is not able to consistently comply with one or more of the effluent limitations established in the waste discharge requirements applicable to the waste discharge: (i) The effluent limitation is a new, more stringent, or modified regulatory requirement that has become applicable to the waste discharge after the effective date of the waste discharge requirements and after July 1, 2000, new or modified control measures are necessary in order to comply with the effluent limitation, and the new or modified control measures cannot be designed, installed, and put into operation within 30 calendar days. (ii) New methods for detecting or measuring a pollutant in the waste discharge demonstrate that new or modified control measures are necessary in order to comply with the effluent limitation and the new or modified control measures cannot be designed, installed, and put into operation within 30 calendar days. (iii) Unanticipated changes in the quality of the municipal or industrial water supply available to the discharger are the cause of unavoidable changes in the composition of the waste discharge, the changes in the composition of the waste discharge are the cause of the inability to comply with the effluent limitation, no alternative water supply is reasonably available to the discharger, and new or modified measures to control the composition of the waste discharge cannot be designed, installed, and put into operation within 30 calendar days. (iv) The discharger is a publicly owned treatment works located in Orange County that is unable to meet effluent limitations for biological oxygen demand, suspended solids, or both, because the publicly owned treatment works meets all of the following criteria: (I) Was previously operating under modified secondary treatment requirements pursuant to Section 301(h) of the Clean Water Act (33 U.S.C. Sec. 1311(h)). (II) Did vote on July 17, 2002, not to apply for a renewal of the modified secondary treatment requirements. (III) Is in the process of upgrading its treatment facilities to meet the secondary treatment standards required by Section 301(b)(1)(B) of the Clean Water Act (33 U.S.C. Sec. 1311(b)(1)(B)). (C) (i) The regional board establishes a time schedule for bringing the waste discharge into compliance with the effluent limitation that is as short as possible, taking into account the technological, operational, and economic factors that affect the design, development, and implementation of the control measures that are necessary to comply with the effluent limitation. Except as provided in clause (ii), for the purposes of this subdivision, the time schedule shall not exceed five years in length. (ii) (I) For purposes of the upgrade described in subclause (III) of clause (iv) of subparagraph (B), the time schedule shall not exceed 10 years in length. (II) Following a public hearing, and upon a showing that the discharger is making diligent progress toward bringing the waste discharge into compliance with the effluent limitation, the regional board may extend the time schedule for an additional period not exceeding five years in length, if the discharger demonstrates that the additional time is necessary to comply with the effluent limitation. This subclause does not apply to a time schedule described in subclause (I). (iii) If the time schedule exceeds one year from the effective date of the order, the schedule shall include interim requirements and the dates for their achievement. The interim requirements shall include both of the following: (I) Effluent limitations for the pollutant or pollutants of concern. (II) Actions and milestones leading to compliance with the effluent limitation. (D) The discharger has prepared and is implementing in a timely and proper manner, or is required by the regional board to prepare and implement, a pollution prevention plan pursuant to Section 13263.3. (k) (1) In lieu of assessing all or a portion of the mandatory minimum penalties pursuant to subdivisions (h) and (i) against a publicly owned treatment works serving a small community, the state board or the regional board may elect to require the publicly owned treatment works to spend an equivalent amount towards the completion of a compliance project proposed by the publicly owned treatment works, if the state board or the regional board finds all of the following: (A) The compliance project is designed to correct the violations within five years. (B) The compliance project is in accordance with the enforcement policy of the state board, excluding any provision in the policy that is inconsistent with this section. (C) The publicly owned treatment works has prepared a financing plan to complete the compliance project. (2) For the purposes of this subdivision, “a publicly owned treatment works serving a small community” means a publicly owned treatment works serving a population of 20,000 persons or fewer or a rural county, with a financial hardship as determined by the state board after considering such factors as median income of the residents, rate of unemployment, or low population density in the service area of the publicly owned treatment works. (l) (1) In lieu of assessing penalties pursuant to subdivision (h) or (i), the state board or the regional board, with the concurrence of the discharger, may direct a portion of the penalty amount to be expended on a supplemental environmental project in accordance with the enforcement policy of the state board. If the penalty amount exceeds fifteen thousand dollars ($15,000), the portion of the penalty amount that may be directed to be expended on a supplemental environmental project may not exceed fifteen thousand dollars ($15,000) plus 50 percent of the penalty amount that exceeds fifteen thousand dollars ($15,000). (2) For the purposes of this section, a “supplemental environmental project” means an environmentally beneficial project that a person agrees to undertake, with the approval of the regional board, that would not be undertaken in the absence of an enforcement action under this section. (3) This subdivision applies to the imposition of penalties pursuant to subdivision (h) or (i) on or after January 1, 2003, without regard to the date on which the violation occurs. (m) The Attorney General, upon request of a regional board or the state board, shall petition the appropriate court to collect any liability or penalty imposed pursuant to this section. Any person who fails to pay on a timely basis any liability or penalty imposed under this section shall be required to pay, in addition to that liability or penalty, interest, attorney’s fees, costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of the person’s penalty and nonpayment penalties that are unpaid as of the beginning of the quarter. (n) (1) Subject to paragraph (2) and Section 1551, funds collected pursuant to this section shall be deposited into the State Water Pollution Cleanup and Abatement Account. (2) (A) Notwithstanding any other provision of law, moneys collected for a violation of a water quality certification in accordance with paragraph (2) of subdivision (a) or for a violation of Section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341) in accordance with paragraph (5) of subdivision (a) that are not subject to Section 1551 shall be deposited into the Waste Discharge Permit Fund and separately accounted for in that fund. (B) The funds described in subparagraph (A) shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes authorized in Section 13443. (o) The state board shall continuously report and update information on its internet website. The state board shall report annually on or before December 31 regarding its enforcement activities. The information shall include all of the following: (1) A compilation of the number of violations of waste discharge requirements in the previous calendar year, including stormwater enforcement violations. (2) A record of the formal and informal compliance and enforcement actions taken for each violation, including stormwater enforcement actions. (3) An analysis of the effectiveness of current enforcement policies, including mandatory minimum penalties. (p) The amendments made to subdivisions (f), (h), (i), and (j) during the second year of the 2001–02 Regular Session apply only to violations that occur on or after January 1, 2003. (Amended by Stats. 2025, Ch. 401, Sec. 25. (AB 1520) Effective January 1, 2026.)
  99. 13385.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    This section defines when a missed discharge monitoring report is a serious violation and sets limited exceptions, notice-based cure periods, and penalties for false statements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13385.1. (a) (1) For the purposes of subdivision (h) of Section 13385, a “serious violation” also means a failure to file a discharge monitoring report required pursuant to Section 13383 for each complete period of 30 days following the deadline for submitting the report, if the report is designed to ensure compliance with limitations contained in waste discharge requirements that contain effluent limitations. This paragraph applies only to violations that occur on or after January 1, 2004. (2) (A) Notwithstanding paragraph (1), a failure to file a discharge monitoring report is not a serious violation for purposes of subdivision (h) of Section 13385 at any time prior to the date a discharge monitoring report is required to be filed or within 30 days after receiving written notice from the state board or a regional board of the need to file a discharge monitoring report, if the discharger submits a written statement to the state board or the regional board that includes both of the following: (i) A statement that there were no discharges to waters of the United States reportable under the applicable waste discharge requirements during the relevant monitoring period. (ii) The reason or reasons the required report was not submitted to the regional board by the deadline for filing that report. (B) Upon the request of the state board or regional board, the discharger may be required to support the statement with additional explanation or evidence. (C) If, in a statement submitted pursuant to subparagraph (A), the discharger willfully states as true any material fact that he or she knows to be false, that person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). Any public prosecutor may bring an action for a civil penalty under this subparagraph in the name of the people of the State of California, and the penalty imposed shall be enforced as a civil judgment. (D) Notwithstanding subparagraph (A), the failure to file a discharge monitoring report is subject to penalties in accordance with subdivisions (c) and (e) of Section 13385. (b) (1) Notwithstanding paragraph (1) of subdivision (a), a mandatory minimum penalty shall continue to apply and shall be assessed pursuant to subdivision (h) of Section 13385, but only for each required report that is not timely filed, and shall not be separately assessed for each 30-day period following the deadline for submitting the report, if both of the following conditions are met: (A) The discharger did not on any occasion previously receive, from the state board or a regional board, a complaint to impose liability pursuant to subdivision (b) or (c) of Section 13385 arising from a failure to timely file a discharge monitoring report, a notice of violation for failure to timely file a discharge monitoring report, or a notice of the obligation to file a discharge monitoring report required pursuant to Section 13383, in connection with its corresponding waste discharge requirements. (B) The discharges during the period or periods covered by the report do not violate effluent limitations, as defined in subdivision (d), contained in waste discharge requirements. (2) Paragraph (1) shall only apply to a discharger who does both of the following: (A) Files a discharge monitoring report that had not previously been timely filed within 30 days after the discharger receives written notice, including notice transmitted by electronic mail, from the state board or regional board concerning the failure to timely file the report. (B) Pays all penalties assessed by the state board or regional board in accordance with paragraph (1) within 30 days after an order is issued to pay these penalties pursuant to Section 13385. (3) Notwithstanding paragraph (1), the failure to file a discharge monitoring report is subject to penalties in accordance with subdivisions (c) and (e) of Section 13385. (4) This subdivision shall become inoperative on January 1, 2014. (c) (1) Notwithstanding any other provision of law, moneys collected pursuant to this section for a failure to timely file a report, as described in subdivision (a), shall be deposited in the State Water Pollution Cleanup and Abatement Account. (2) Notwithstanding Section 13340 of the Government Code, the funds described in paragraph (1) are continuously appropriated, without regard to fiscal years, to the state board for expenditure by the state board to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in responding to significant water pollution problems. (d) For the purposes of this section, paragraph (2) of subdivision (f) of Section 13385, and subdivisions (h), (i), and (j) of Section 13385 only, “effluent limitation” means a numeric restriction or a numerically expressed narrative restriction, on the quantity, discharge rate, concentration, or toxicity units of a pollutant or pollutants that may be discharged from an authorized location. An effluent limitation may be final or interim, and may be expressed as a prohibition. An effluent limitation, for those purposes, does not include a receiving water limitation, a compliance schedule, or a best management practice. (e) The amendments made to this section by Senate Bill 1284 of the 2009–10 Regular Session of the Legislature shall apply to violations for which an administrative civil liability complaint or a judicial complaint has not been filed before July 1, 2010, without regard to the date on which the violations occurred. (Amended by Stats. 2010, Ch. 645, Sec. 2. (SB 1284) Effective January 1, 2011.)
  100. 13385.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    A publicly owned treatment works must show the state board or regional board that its financing plan will generate enough funding to complete the compliance project on time.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13385.2. (a) Prior to the state board or regional board making its findings pursuant to subdivision (k) of Section 13385, the publicly owned treatment works shall demonstrate to the satisfaction of the state board or regional board that the financing plan prepared pursuant to subparagraph (C) of paragraph (1) of subdivision (k) of that section is designed to generate sufficient funding to complete the compliance project within the time period specified pursuant to subparagraph (A) of paragraph (1) of subdivision (k) of that section. (b) This section shall only become operative if Senate Bill 1733 of the 2005–06 Regular Session is enacted and becomes operative. (Added by Stats. 2006, Ch. 725, Sec. 1. Effective September 29, 2006. Note: Condition in subd. (b) was satisfied by enactment of Stats. 2006, Ch. 404.)
  101. 13385.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    This section delays the operative date of specified amendments until July 1, 2007, and makes the section operative only if Senate Bill 1733 is enacted and becomes operative.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13385.3. (a) The amendments made to subdivision (k) of Section 13385 of the Water Code by Senate Bill 1733 of the 2005–06 Regular Session shall become operative on July 1, 2007. (b) This section shall only become operative if Senate Bill 1733 of the 2005–06 Regular Session is enacted and becomes operative. (Added by Stats. 2006, Ch. 725, Sec. 2. Effective September 29, 2006. Note: Condition in subd. (b) was satisfied by enactment of Stats. 2006, Ch. 404.)
  102. 13386.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    If specified violations or nonpayment occur, and the state board or regional board asks, the Attorney General must seek an injunction from court.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13386. Upon any threatened or continuing violation of any of the requirements listed in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 13385, or upon the failure of any discharger into a public treatment system to comply with any cost or charge adopted by any public agency under Section 204(b) of the Federal Water Pollution Control Act, as amended, the Attorney General, upon the request of the state board or regional board shall petition the appropriate court for the issuance of a preliminary or permanent injunction, or both, as appropriate, restraining that person or persons from committing or continuing the violation. Subdivision (b) of Section 13331 shall be applicable to proceedings under this section. (Amended by Stats. 1996, Ch. 659, Sec. 27. Effective January 1, 1997.)
  103. 13387.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    This section makes certain water-quality and pollution-control violations criminal offenses and sets fines, jail/prison terms, and special higher penalties for repeated or dangerous violations.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13387. (a) Any person who knowingly or negligently does any of the following is subject to criminal penalties as provided in subdivisions (b), (c), and (d): (1) Violates Section 13375 or 13376. (2) Violates any waste discharge requirements or dredged or fill material permit issued pursuant to this chapter or any water quality certification issued pursuant to Section 13160. (3) Violates any order or prohibition issued pursuant to Section 13243 or 13301, if the activity subject to the order or prohibition is subject to regulation under this chapter. (4) Violates any requirement of Section 301, 302, 306, 307, 308, 318, 401, or 405 of the Clean Water Act (33 U.S.C. Sec. 1311, 1312, 1316, 1317, 1318, 1328, 1341, or 1345), as amended. (5) Introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substances that the person knew or reasonably should have known could cause personal injury or property damage. (6) Introduces any pollutant or hazardous substance into a sewer system or into a publicly owned treatment works, except in accordance with any applicable pretreatment requirements, which causes the treatment works to violate waste discharge requirements. (b) Any person who negligently commits any of the violations set forth in subdivision (a) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000), nor more than twenty-five thousand dollars ($25,000), for each day in which the violation occurs, by imprisonment for not more than one year in a county jail, or by both that fine and imprisonment. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, subdivision (c), or subdivision (d), punishment shall be by a fine of not more than fifty thousand dollars ($50,000) for each day in which the violation occurs, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months, or by both that fine and imprisonment. (c) Any person who knowingly commits any of the violations set forth in subdivision (a) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000), nor more than fifty thousand dollars ($50,000), for each day in which the violation occurs, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision or subdivision (d), punishment shall be by a fine of not more than one hundred thousand dollars ($100,000) for each day in which the violation occurs, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, or by both that fine and imprisonment. (d) (1) Any person who knowingly commits any of the violations set forth in subdivision (a), and who knows at the time that the person thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be punished by a fine of not more than two hundred fifty thousand dollars ($250,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 5, 10, or 15 years, or by both that fine and imprisonment. A person that is an organization shall, upon conviction under this subdivision, be subject to a fine of not more than one million dollars ($1,000,000). If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, the punishment shall be by a fine of not more than five hundred thousand dollars ($500,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 10, 20, or 30 years, or by both that fine and imprisonment. A person that is an organization shall, upon conviction for a violation committed after a first conviction of the person under this subdivision, be subject to a fine of not more than two million dollars ($2,000,000). Any fines imposed pursuant to this subdivision shall be in addition to any fines imposed pursuant to subdivision (c). (2) In determining whether a defendant who is an individual knew that the defendant’s conduct placed another person in imminent danger of death or serious bodily injury, the defendant is responsible only for actual awareness or actual belief that the defendant possessed, and knowledge possessed by a person other than the defendant, but not by the defendant personally, cannot be attributed to the defendant. (e) Any person who knowingly makes any false statement, representation, or certification in any record, report, plan, notice to comply, or other document filed with a regional board or the state board, or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division shall be punished by a fine of not more than twenty-five thousand dollars ($25,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months, or by both that fine and imprisonment. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, punishment shall be by a fine of not more than twenty-five thousand dollars ($25,000) per day of violation, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by both that fine and imprisonment. (f) For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. (g) For purposes of this section, “organization,” “serious bodily injury,” “person,” and “hazardous substance” shall have the same meaning as in Section 309(c) of the Clean Water Act (33 U.S.C. Sec. 1319(c)), as amended. (h) (1) Subject to paragraph (2), funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account. (2) (A) Notwithstanding any other provision of law, fines collected for a violation of a water quality certification in accordance with paragraph (2) of subdivision (a) or for a violation of Section 401 of the Clean Water Act (33 U.S.C. Sec. 1341) in accordance with paragraph (4) of subdivision (a) shall be deposited in the Water Discharge Permit Fund and separately accounted for in that fund. (B) The funds described in subparagraph (A) shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443. (Amended by Stats. 2011, Ch. 15, Sec. 616. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  104. 13388.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    A person may not serve on the state board or a regional board if they receive a significant portion of their income from regulated waste-discharge applicants or subjects, subject to a regional-board exception.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13388. (a) Notwithstanding any other provision of this division or Section 175, and except as provided in subdivision (b), a person shall not be a member of the state board or a regional board if that person receives, or has received during the previous two years, a significant portion of his or her income directly or indirectly from any person subject to waste discharge requirements or applicants for waste discharge requirements pursuant to this chapter. (b) (1) A person shall not be disqualified from being a member of a regional board because that person receives, or has received during the previous two years, a significant portion of his or her income directly or indirectly from a person subject to waste discharge requirements, or an applicant for waste discharge requirements, that are issued pursuant to this chapter by the state board or regional board other than the regional board of which that person is a member. (2) Paragraph (1) shall be implemented only if the United States Environmental Protection Agency either determines that no program approval is necessary for that implementation, or approves of a change in California’s National Pollutant Discharge Elimination System program, to allow the state to administer the National Pollutant Discharge Elimination System permit program consistent with paragraph (1). (Amended by Stats. 2012, Ch. 39, Sec. 121. (SB 1018) Effective June 27, 2012.)
  105. 13389.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. )

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    The state board and regional boards do not have to comply with certain Public Resources Code provisions before adopting a waste discharge requirement, except for requirements for new sources.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.5. Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 [13370 - 13389] ( Chapter 5.5 added by Stats. 1972, Ch. 1256. ) ## 13389. Neither the state board nor the regional boards shall be required to comply with the provisions of Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code prior to the adoption of any waste discharge requirement, except requirements for new sources as defined in the Federal Water Pollution Control Act or acts amendatory thereof or supplementary thereto. (Added by Stats. 1972, Ch. 1256.)
  106. 13390.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board and regional boards are intended to establish programs to protect bay and estuarine waters, address toxic hot spots, support compliance with federal law, and make good use of available federal funds.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13390. It is the intent of the Legislature that the state board and the regional boards establish programs that provide maximum protection for existing and future beneficial uses of bay and estuarine waters, and that these programs include a plan for remedial action at toxic hot spots. It is also the intent of the Legislature that these programs further compliance with federal law pertaining to the identification of waters where the protection and propagation of shellfish, fish, and wildlife are threatened by toxic pollutants and contribute to the development of effective strategies to control these pollutants. It is also the intent of the Legislature that these programs be structured and maintained in a manner which allows the state board and the regional boards to make maximum use of any federal funds which may be available for any of the purposes specified in this chapter. (Added by Stats. 1989, Ch. 269, Sec. 50. Effective August 3, 1989.)
  107. 13391.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board must adopt and update a water quality control plan for enclosed bays and estuaries, and state and regional agencies must implement it.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13391. (a) The state board shall formulate and adopt a water quality control plan for enclosed bays and estuaries, which shall be known as the California Enclosed Bays and Estuaries Plan, in accordance with the procedures established by this division for adopting water quality control plans. (b) As part of its formulation and adoption of the California Enclosed Bays and Estuaries Plan, the state board shall review and update the Water Quality Control Policy for Enclosed Bays and Estuaries of California, as adopted in 1974 pursuant to Article 3 (commencing with Section 13140) of Chapter 3, and incorporate the results of that review and update in the California Enclosed Bays and Estuaries Plan. (c) State and regional offices, departments, boards and agencies shall fully implement the California Enclosed Bays and Estuaries Plan. Pending adoption of the California Enclosed Bays and Estuaries Plan by the state board, state and regional offices, departments, boards and agencies shall fully implement the Water Quality Control Policy for Enclosed Bays and Estuaries of California. (d) Each regional board shall review and, if necessary, revise waste discharge requirements that are inconsistent with those policies and principles. (Amended by Stats. 1989, Ch. 1032, Sec. 30. Effective September 29, 1989.)
  108. 13391.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    This section defines terms used in the chapter on bay protection and toxic cleanup.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13391.5. The definitions in this section govern the construction of this chapter. (a) “Enclosed bays” means indentations along the coast which enclose an area of oceanic water within distinct headlands or harbor works. “Enclosed bays” include all bays where the narrowest distance between the headlands or outermost harbor works is less than 75 percent of the greatest dimension of the enclosed portion of the bay. “Enclosed bays” include, but are not limited to, Humboldt Bay, Bodega Harbor, Tomales Bay, Drake’s Estero, San Francisco Bay, Morro Bay, Los Angeles-Long Beach Harbor, Upper and Lower Newport Bay, Mission Bay, and San Diego Bay. For the purposes of identifying, characterizing, and ranking toxic hot spots pursuant to this chapter, Monterey Bay and Santa Monica Bay shall also be considered to be enclosed bays. (b) “Estuaries” means waters, including coastal lagoons, located at the mouths of streams which serve as mixing zones for fresh and ocean waters. Coastal lagoons and mouths of streams which are temporarily separated from the ocean by sandbars shall be considered as estuaries. Estuarine waters shall be considered to extend from a bay or the open ocean to a point upstream where there is no significant mixing of fresh water and sea water. Estuarine waters include, but are not limited to, the Sacramento-San Joaquin Delta, as defined in Section 12220, Suisun Bay, Carquinez Strait downstream to the Carquinez Bridge, and appropriate areas of the Smith, Mad, Eel, Noyo, Russian, Klamath, San Diego, and Otay Rivers. (c) “Health risk assessment” means an analysis which evaluates and quantifies the potential human exposure to a pollutant that bioaccumulates or may bioaccumulate in edible fish, shellfish, or wildlife. “Health risk assessment” includes an analysis of both individual and population wide health risks associated with anticipated levels of human exposure, including potential synergistic effects of toxic pollutants and impacts on sensitive populations. (d) “Sediment quality objective” means that level of a constituent in sediment which is established with an adequate margin of safety, for the reasonable protection of the beneficial uses of water or the prevention of nuisances. (e) “Toxic hot spots” means locations in enclosed bays, estuaries, or any adjacent waters in the “contiguous zone” or the “ocean,” as defined in Section 502 of the Clean Water Act (33 U.S.C. Sec. 1362), the pollution or contamination of which affects the interests of the state, and where hazardous substances have accumulated in the water or sediment to levels which (1) may pose a substantial present or potential hazard to aquatic life, wildlife, fisheries, or human health, or (2) may adversely affect the beneficial uses of the bay, estuary, or ocean waters as defined in water quality control plans, or (3) exceeds adopted water quality or sediment quality objectives. (f) “Hazardous substances” has the same meaning as defined in subdivision (h) of Section 25281 of the Health and Safety Code. (Amended by Stats. 2002, Ch. 999, Sec. 66. Effective January 1, 2003.)
  109. 13392.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board and regional boards must develop and maintain a comprehensive toxic hot spot cleanup and prevention program, in consultation with two state departments.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13392. The state board and the regional boards, in consultation with the State Department of Public Health and the Department of Fish and Wildlife, shall develop and maintain a comprehensive program to (1) identify and characterize toxic hot spots, as defined in Section 13391.5, (2) plan for the cleanup or other appropriate remedial or mitigating actions at the sites, and (3) amend water quality control plans and policies to incorporate strategies to prevent the creation of new toxic hot spots and the further pollution of existing hot spots. As part of this program, the state board and regional boards shall, to the extent feasible, identify specific discharges or waste management practices that contribute to the creation of toxic hot spots, and shall develop appropriate prevention strategies, including, but not limited to, adoption of more stringent waste discharge requirements, onshore remedial actions, adoption of regulations to control source pollutants, and development of new programs to reduce urban and agricultural runoff. (Amended by Stats. 2015, Ch. 673, Sec. 30. (AB 1531) Effective January 1, 2016.)
  110. 13392.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

    Verify source ↗

    Regional boards with authority over enclosed bays or estuaries must create a consolidated toxic hot spots database, develop an ongoing monitoring program, and share the database and new monitoring results with agencies and the public.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13392.5. (a) Each regional board that has regulatory authority for one or more enclosed bays or estuaries shall, on or before January 30, 1994, develop for each enclosed bay or estuary, a consolidated database that identifies and describes all known and potential toxic hot spots. Each regional board shall, in consultation with the state board, also develop an ongoing monitoring and surveillance program that includes, but is not limited to, the following components: (1) Establishment of a monitoring and surveillance task force that includes representation from agencies, including, but not limited to, the State Department of Public Health and the Department of Fish and Wildlife, that routinely monitor water quality, sediment, and aquatic life. (2) Suggested guidelines to promote standardized analytical methodologies and consistency in data reporting. (3) Identification of additional monitoring and analyses that are needed to develop a complete toxic hot spot assessment for each enclosed bay and estuary. (b) Each regional board shall make available to state and local agencies and the public all information contained in the consolidated database, as well as the results of new monitoring and surveillance data. (Amended by Stats. 2015, Ch. 673, Sec. 31. (AB 1531) Effective January 1, 2016.)
  111. 13392.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board must prepare and send the Legislature a workplan for sediment quality objectives by July 1, 1991, and the workplan must include priorities, a schedule, and resource needs.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13392.6. (a) On or before July 1, 1991, the state board shall adopt and submit to the Legislature a workplan for the adoption of sediment quality objectives for toxic pollutants that have been identified in known or suspected toxic hot spots and for toxic pollutants that have been identified by the state board or a regional board as a pollutant of concern. The workplan shall include priorities and a schedule for development and adoption of sediment quality objectives, identification of additional resource needs, and identification of staff or funding needs. The state board is not prohibited from adopting sediment quality objectives in the workplan for a constituent for which the workplan identifies additional research needs. (b) In preparing the workplan pursuant to subdivision (a), the state board shall conduct public hearings and workshops and shall consult with persons associated with municipal discharges, industrial discharges, other public agencies, research scientists, commercial and sport fishing interests, marine interests, organizations for the protection of natural resources and the environment, and the general public. (Amended by Stats. 1989, Ch. 1032, Sec. 33. Effective September 29, 1989.)
  112. 13393.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

    Verify source ↗

    The state board must adopt sediment quality objectives and, in doing so, follow specified procedures and scientific criteria.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13393. (a) The state board shall adopt sediment quality objectives pursuant to the workplan submitted pursuant to Section 13392.6. (b) The state board shall adopt the sediment quality objectives pursuant to the procedures established by this division for adopting or amending water quality control plans. The sediment quality objectives shall be based on scientific information, including, but not limited to, chemical monitoring, bioassays, or established modeling procedures, and shall provide adequate protection for the most sensitive aquatic organisms. The state board shall base the sediment quality objectives on a health risk assessment if there is a potential for exposure of humans to pollutants through the food chain to edible fish, shellfish, or wildlife. (c) (1) Notwithstanding subdivision (a), in adopting sediment quality objectives pursuant to this section, the state board shall consider the federal sediment criteria for toxic pollutants that are being prepared, or that have been adopted, by the Environmental Protection Agency pursuant to Section 1314 of Title 33 of the United States Code. (2) If federal sediment criteria have been adopted, the state board shall review the federal sediment criteria and determine if the criteria meet the requirements of this section. If the state board determines that a federal sediment criterion meets the requirements of this section, the state board shall adopt the criterion as a sediment quality objective pursuant to this section. If the state board determines that a federal sediment criterion fails to meet the requirements of this section, the state board shall adopt a sediment quality objective that meets the requirements of this section. (Amended by Stats. 1993, Ch. 1157, Sec. 3. Effective January 1, 1994.)
  113. 13393.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board must adopt general criteria for assessing and prioritizing toxic hot spots by January 30, 1994, after consulting the State Department of Public Health and the Department of Fish and Wildlife.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13393.5. On or before January 30, 1994, the state board, in consultation with the State Department of Public Health and the Department of Fish and Wildlife, shall adopt general criteria for the assessment and priority ranking of toxic hot spots. The criteria shall take into account the pertinent factors relating to public health and environmental quality, including, but not limited to, potential hazards to public health, toxic hazards to fish, shellfish, and wildlife, and the extent to which the deferral of a remedial action will result, or is likely to result, in a significant increase in environmental damage, health risks, or cleanup costs. (Amended by Stats. 2015, Ch. 673, Sec. 32. (AB 1531) Effective January 1, 2016.)
  114. 13394.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    Regional boards must complete and submit toxic hot spots cleanup plans to the state board by January 1, 1998, and the state board must submit a consolidated statewide plan to the Legislature by June 30, 1999.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13394. On or before January 1, 1998, each regional board shall complete and submit to the state board a toxic hot spots cleanup plan. On or before June 30, 1999, the state board shall submit to the Legislature a consolidated statewide toxic hot spots cleanup plan. The cleanup plan submitted by each regional board and the state board shall include, but not be limited to, the following information: (a) A priority ranking of all hot spots, including the state board’s recommendations for remedial action at each toxic hot spot site. (b) A description of each hot spot site including a characterization of the pollutants present at the site. (c) An estimate of the total costs to implement the plan. (d) An assessment of the most likely source or sources of pollutants. (e) An estimate of the costs that may be recoverable from parties responsible for the discharge of pollutants that have accumulated in sediment. (f) A preliminary assessment of the actions required to remedy or restore a toxic hot spot. (g) A two-year expenditure schedule identifying state funds needed to implement the plan. (h) A summary of actions that have been initiated by the regional board to reduce the accumulation of pollutants at existing hot spot sites and to prevent the creation of new hot spots. (i) The plan submitted by the state board shall include findings and recommendations concerning the need for establishment of a toxic hot spots cleanup program. (Amended by Stats. 1993, Ch. 1157, Sec. 5. Effective January 1, 1994.)
  115. 13394.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board must prepare and submit a recommended annual expenditure plan to the Legislature as part of the annual budget process.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13394.5. The state board, as part of the annual budget process, shall prepare and submit to the Legislature a recommended annual expenditure plan for the implementation of this chapter. (Added by Stats. 1989, Ch. 269, Sec. 50. Effective August 3, 1989.)
  116. 13394.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board must create an advisory committee, and the committee must select a chairperson who meets every three months.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13394.6. (a) The state board shall establish an advisory committee to assist in the implementation of this chapter. The members of the advisory committee shall be appointed by the state board to represent all of the following interests: (1) Trade associations whose members are businesses that use the bay, estuaries, and coastal waters of the state as a resource in their business activities. (2) Dischargers required to pay fees pursuant to Section 13396.5. (3) Environmental, public interest, public health, and wildlife conservation organizations. (b) The members of the advisory committee shall select a member as the chairperson of the committee. The chairperson shall convene meetings of the committee every three months in any calendar year. The members of the advisory committee shall serve without compensation. (c) The advisory committee shall have access to all information and documents, except for internal communications, that are prepared to implement this chapter and may provide the state board with its views on how that information should be interpreted and used. (Added by Stats. 1993, Ch. 1157, Sec. 6. Effective January 1, 1994.)
  117. 13395.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    Regional boards must quickly review and revise waste discharge requirements after a toxic hot spot is ranked, and may skip revision only in limited cases.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13395. Each regional board shall, within 120 days from the ranking of a toxic hot spot, initiate a reevaluation of waste discharge requirements for dischargers who, based on the determination of the regional board, have discharged all or part of the pollutants which have caused the toxic hot spot. These reevaluations shall be for the purpose of ensuring compliance with water quality control plans and water quality control plan amendments. These reevaluations shall be initiated according to the priority ranking established pursuant to subdivision (a) of Section 13394 and shall be scheduled so that, for each region, the first reevaluation shall be initiated within 120 days from, and the last shall be initiated within one year from, the ranking of the toxic hot spots. The regional board shall, consistent with the policies and principles set forth in Section 13391, revise waste discharge requirements to ensure compliance with water quality control plans and water quality control plan amendments adopted pursuant to Article 3 (commencing with Section 13240) of Chapter 4, including requirements to prevent the creation of new toxic hot spots and the maintenance or further pollution of existing toxic hot spots. The regional board may determine it is not necessary to revise a waste discharge requirement only if it finds that the toxic hot spot resulted from practices no longer being conducted by the discharger or permitted under the existing waste discharge requirement, or that the discharger’s contribution to the creation or maintenance of the toxic hot spot is not significant. (Added by Stats. 1989, Ch. 269, Sec. 50. Effective August 3, 1989.)
  118. 13395.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board may make contracts for sediment cleanup work, and must use contracts or agreements approved by the Office of Environmental Health Hazard Assessment when preparing health risk assessments.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13395.5. The state board may enter into contracts and other agreements for the purpose of evaluating or demonstrating methods for the removal, treatment, or stabilization of contaminated bottom sediment. For the purpose of preparing health risk assessments pursuant to Section 13393, the state board shall enter into contracts or agreements with the Office of Environmental Health Hazard Assessment, or with other state or local agencies, subject to the approval of the Office of Environmental Health Hazard Assessment. The costs incurred for work conducted by other state agencies pursuant to this chapter shall be reimbursed according to the terms of an interagency agreement between the state board and the agency. (Amended by Stats. 2014, Ch. 544, Sec. 13. (SB 1458) Effective January 1, 2015.)
  119. 13396.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    People may not dredge or disturb a designated toxic hot spot site unless they first obtain Section 401 certification or waste discharge requirements.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13396. No person shall dredge or otherwise disturb a toxic hot spot site that has been identified and ranked by a regional board without first obtaining certification pursuant to Section 401 of the Clean Water Act (33 U.S.C. Sec. 1341) or waste discharge requirements. The state board and any regional board to which the state board has delegated authority to issue certification shall not waive certification for any discharge resulting from the dredging or disturbance unless waste discharge requirements have been issued. If the state board or a regional board does not issue waste discharge requirements or a certification within the period provided for certification under Section 401 of the Clean Water Act. The certification shall be deemed denied without prejudice. On or after January 1, 1993, the state and regional boards shall not grant approval for a dredging project that involves the removal or disturbance of sediment which contains pollutants at or above the sediment quality objectives established pursuant to Section 13393 unless the board determines all of the following: (a) The polluted sediment will be removed in a manner that prevents or minimizes water quality degradation. (b) Polluted dredge spoils will not be deposited in a location that may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or may harm the beneficial uses of the receiving waters, or does not create maximum benefit to the people of the state. (c) The project or activity will not cause significant adverse impacts upon a federal sanctuary, recreational area, or other waters of significant national importance. (Amended by Stats. 1989, Ch. 1032, Sec. 36. Effective September 29, 1989.)
  120. 13396.6.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    Fees under Section 13396.5 may not be imposed on certain dischargers.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13396.6. No fees may be imposed pursuant to Section 13396.5 on dischargers who discharge into enclosed bays, estuaries, or adjacent waters in the contiguous zone or the ocean from lands managed solely to provide habitat for waterfowl and other water-dependent wildlife. (Added by Stats. 1993, Ch. 203, Sec. 1. Effective January 1, 1994.)
  121. 13396.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The state board must hire an independent contractor, with public health consultation, to study the health effects of urban runoff on swimmers at urban beaches.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13396.7. (a) The state board, in consultation with the State Department of Public Health, shall contract with an independent contractor to conduct a study to determine the adverse health effects of urban runoff on swimmers at urban beaches. The contract shall include a provision that requires the study to be conducted as prescribed in the study proposal approved by the Santa Monica Bay Restoration Project. The study shall be paid for by using available resources or state funds appropriated in the annual Budget Act. (b) It is the intent of the Legislature that the state board and the State Department of Public Health use the results of the study undertaken pursuant to subdivision (a) to establish recreational water quality standards. (Amended by Stats. 2010, Ch. 288, Sec. 36. (SB 1169) Effective January 1, 2011.)
  122. 13396.9.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. )

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    The California Coastal Commission and the Los Angeles Regional Water Quality Control Board must form and work with a task force, the Coastal Commission must prepare a long-term sediment management plan by January 1, 2005, and both agencies must hold at least one public workshop each year.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.6. Bay Protection and Toxic Cleanup [13390 - 13396.9] ( Chapter 5.6 added by Stats. 1989, Ch. 269, Sec. 50. ) ## 13396.9. (a) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall establish and participate in the multiagency Los Angeles Basin Contaminated Sediments Task Force, in cooperation with all interested parties, including, but not limited to, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles. (b) (1) On or before January 1, 2005, the California Coastal Commission shall, based upon the recommendations of the task force, develop a long-term management plan for the dredging and disposal of contaminated sediments in the coastal waters adjacent to the County of Los Angeles. The plan shall include identifiable goals for the purpose of minimizing impacts to water quality, fish, and wildlife through the management of sediments. The plan shall include measures to identify environmentally preferable, practicable disposal alternatives, promote multiuse disposal facilities and beneficial reuse, and support efforts for watershed management to control contaminants at their source. (2) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall seek to enter into an agreement with the United States Environmental Protection Agency and the United States Army Corps of Engineers for those federal agencies to participate in the preparation of the long-term management plan. (c) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board, in cooperation with the task force, shall conduct not less than one annual public workshop to review the status of the plan and to promote public participation. (Amended by Stats. 2012, Ch. 728, Sec. 183. (SB 71) Effective January 1, 2013.)
  123. 13397.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    This section states California’s findings and policy on abandoned mines and says the state should create a program to let public agencies and cooperating private parties reduce water-quality threats without taking on full remediation responsibility.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13397. (a) The Legislature finds and declares all of the following: (1) Thousands of abandoned mines have been identified in this state. Waste, including acid rock drainage from abandoned mines, has a devastating effect on aquatic life and has degraded some major water bodies in the state. Abandoned mines are the overwhelming source of copper loading to the Sacramento River and the San Francisco Bay/Sacramento-San Joaquin Delta. In some instances, waste from abandoned mines can cause public health and safety problems. (2) The formation of acid rock drainage is a process that can continue for centuries after the abandonment of a mine and is difficult to control. The complete elimination of acid rock drainage is not possible at this time. (3) Unless action is taken either by public agencies or private parties, who are not responsible for creating the waste, abandoned mines will continue to discharge waste indefinitely. The cleanup of this waste for the protection of the public and the waterways of the state should be facilitated by limiting the financial responsibility for that cleanup. (4) Public agencies and private parties, who are not otherwise legally responsible for the abandoned mined land, are reluctant to remediate abandoned mined lands unless they are assured that they will be held responsible for completing only the remedial work that they undertake. The public agencies and private parties may be willing to implement partial remediation but they do not have sufficient resources to pay the cost of meeting all applicable regulatory standards. (b) The Legislature further finds and declares that it is the policy of the state to establish a program that permits public agencies and cooperating private parties to reduce the threat to water quality caused by abandoned mined lands without becoming responsible for completely remediating abandoned mine waste to a point that meets water quality objectives and related regulatory requirements. This program should provide a streamlined process for the purpose of approving an abandoned mine remediation plan in lieu of certain state permits and requirements. The implementation of this program will foster projects to improve water quality while ensuring that the taxpayers are not unfairly burdened. (Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
  124. 13397.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    This section defines key terms used in the chapter on drainage from abandoned mines.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13397.5. Unless the context requires otherwise, the following definitions govern the construction of this chapter: (a) “Abandoned mine waste” means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property on, or discharging from, abandoned mined lands, directly resulting from, or displaced by, surface mining operations. (b) “Abandoned mined lands” has the same meaning as “abandoned surface mined area,” as defined in clause (ii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 2796 of the Public Resources Code. (c) “Acid rock drainage” means acid waste discharge that results from the oxidation of metal sulfide in minerals associated with mined lands. (d) “Mined lands” has the same meaning as set forth in Section 2729 of the Public Resources Code. (e) “Oversight agency” means either the state board or a regional board. If the remediating agency is a regional board, the state board shall be the oversight agency. If the remediating agency is the state board, the oversight agency shall be the Site Designation Committee established pursuant to Section 25261 of the Health and Safety Code. The committee shall have the powers and functions specified in Chapter 6.65 (commencing with Section 25260) of Division 20 of the Health and Safety Code, except that neither the chairperson of the state board, nor any designee, shall participate in the actions of the committee relating to the state board as a remediating agency. (f) “Remediating agency” or “agency” means any public agency, or any private individual or entity acting under a cooperative agreement with a public agency, that prepares and submits a remediation plan in accordance with this chapter. “Remediating agency” includes, but is not limited to, a public agency that holds title to abandoned mined lands for the purpose of remediating those lands or that is engaging in remediation activities that are incidental to the ownership of the lands for other than mining purposes. “Remediating agency” does not include any person or entity that is not a public agency, that, before implementing an approved remediation plan, owns or has owned a property interest, other than a security interest, in the abandoned mined lands being remediated, or is or has been legally responsible for, or had a direct financial interest in, or participated in, any mining operation, including exploration, associated with the abandoned mined lands being remediated. (g) “Remediation plan” means a plan to improve the quality of the waters of the state that have been directly and adversely impacted by abandoned mine waste. (Amended by Stats. 2000, Ch. 727, Sec. 5. Effective January 1, 2001.)
  125. 13398.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    This section limits the liabilities and duties of remediating agencies and lets the State Mining and Geology Board grant a narrow exemption for certain waste-removal work.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13398. (a) Notwithstanding any other provision of law, a remediating agency that has implemented an approved remediation plan, or a public agency that is effecting reclamation of a mine site pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code), shall not be deemed, based on the actions taken to implement the remediation plan or the reclamation, to be the owner or operator of the abandoned mined lands, or any structure, improvement, waste management unit, or facility on the abandoned mined lands, and shall not be deemed, based on the actions taken to implement the remediation plan or the reclamation, to be responsible for any discharge, or the results of any discharge, of abandoned mine waste on or from any abandoned mined lands, including discharges which have been affected by the activities of the remediating agency or the public agency effecting reclamation of a mine site. (b) Except as provided in paragraph (c), Chapter 5.5 (commencing with Section 13370), and Section 13398.9, the responsibilities of a remediating agency are limited to the following: (1) Submitting a remediation plan to the oversight agency for approval in accordance with Section 13398.3. A remediation plan may be submitted in connection with a remediation project that was commenced or completed prior to January 1, 1996. (2) Implementing a remediation plan that has been approved by the oversight agency. (3) If required by a remediation plan approved by the oversight agency, maintaining any structure, waste management unit, improvement, or other facility constructed, improved, or placed on the abandoned mined lands. (4) Periodically monitoring and reporting as required by the oversight agency. (5) (A) Determining if the remediation plan implemented by the remediating agency has been effective to provide a substantial improvement in water quality affected by abandoned mine waste. (B) If the remediating agency determines that the remediation plan implemented by the agency is not effective, the remediating agency shall promptly report that determination to the oversight agency. If the remediating agency or the oversight agency determines that the remediation plan implemented by the remediating agency is not effective, the remediating agency shall submit a modified remediation plan to the oversight agency which includes a proposal to improve the plan to make it effective, or a proposal to cease remedial activities on the abandoned mined lands and return those lands, including the water quality on those lands, to a condition that approximates the quality that existed prior to commencing remedial activities. The remediating agency shall implement the modified remediation plan as approved by the oversight agency. (6) Notwithstanding any other provision of law, except as provided in Chapter 5.5 (commencing with Section 13370), if the remediating agency implements or has implemented the approved remediation plan and any modifications to the plan approved by the oversight agency, the remediating agency, with regard to any discharge of abandoned mine waste that is the subject of the plan, shall not be required to achieve water quality objectives or to comply with other requirements of this division or other laws that are administered by the state board or the regional boards, and shall not be subject to any enforcement actions pursuant to state law based on actions taken to implement the approved remediation plan, except for violations involving gross negligence, including reckless, willful, or wanton misconduct, or intentional misconduct by the remediating agency. (c) The responsibilities of a remediating agency that engages in surface mining operations, as defined in Section 2735 of the Public Resources Code, in conjunction with the remediation or reclamation of abandoned mine waste or that performs reclamation of a surface mining operation pursuant to Section 2773.1 or 2796 of the Public Resources Code, include performing the applicable requirements of Section 2207 of the Public Resources Code and the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code). The State Mining and Geology Board may grant an exemption from the requirements of Section 2207 of the Public Resources Code or from the Surface Mining and Reclamation Act of 1975 to a remediating agency and its contractors solely for the purpose of removing abandoned mine waste in connection with the implementation of an approved remediation plan. (Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
  126. 13398.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    A remediating agency must submit a remediation plan to the oversight agency with specific required contents.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13398.3. The remediation plan to be submitted by a remediating agency to the oversight agency shall include all of the following: (a) Identification of the remediating agency, and a certification that the remediating agency is a remediating agency as defined in this chapter. (b) Identification of the abandoned mined lands that are the subject of the plan. (c) Identification of the waters of the state, if any, that are affected by the abandoned mined lands. (d) A description of the physical conditions at the abandoned mined lands that are causing or have caused adverse water quality impacts. (e) A description of the practices, including system design and construction plans, and operation and maintenance plans, proposed to reduce, control, mitigate, or eliminate the adverse water quality impacts and a schedule for implementing those practices. If the plan is prepared for an existing remediation project, the remediation plan shall include a description of practices that have been implemented and the practices that are proposed to improve the existing project, if any. (f) An analysis demonstrating that the implementation of the practices described in the plan have caused, or are expected to cause, a substantial improvement in water quality for the identified waters. (g) A description of monitoring or other assessment activities to be undertaken to evaluate the success of the implemented practices during and after implementation, including an assessment of baseline conditions. (h) A budget and identified funding to pay for the implementation of the plan. (i) Remediation goals and objectives. (j) Contingency plans. (k) A description of the remediating agency’s legal right to enter and conduct remedial activities. (l) The signature of an authorized representative of the remediating agency. (m) Identification of the pollutants to be addressed by the plan. (Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
  127. 13398.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    The oversight agency must follow CEQA when reviewing a remediation plan, allow public review and comment, and decide on the plan at a public meeting.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13398.5. The oversight agency shall do all of the following: (a) Comply with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) in connection with the review of any remediation plan. (b) Provide an opportunity for public review of, and comment with regard to, the remediation plan. (c) Disapprove, approve, or modify and approve a remediation plan at a public meeting. (Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
  128. 13398.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    The oversight agency may approve certain remediation plans or modifications if statutory findings are met, and it must notify a remediating agency about noncompliance findings.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13398.7. (a) The oversight agency may approve the remediation plan if the oversight agency finds that there is substantial evidence in the record that the plan will substantially improve water quality affected by abandoned mine waste. (b) The oversight agency may approve a remediation plan for a project that the remediating agency implemented prior to January 1, 1996, if that oversight agency finds that there is substantial evidence in the record that the project has substantially improved water quality adversely impacted by mining activities on the abandoned mined lands undertaken before the project was implemented. (c) The remediating agency is not required to include in the remediation plan a plan to achieve water quality objectives, with regard to any discharge of abandoned mine waste that is the subject of the plan, to comply with other requirements of this division, except for Chapter 5.5 (commencing with Section 13370), or to comply with any other law that is administered by the state board or the regional boards, with regard to that discharge. (d) The oversight agency may approve a modification of an approved remediation plan to permit additional time for completing the remediation project or to otherwise modify the plan, after an opportunity for public comment. (e) If the oversight agency determines that a remediating agency is not implementing the approved remediation plan in substantial compliance with its terms, that oversight agency shall notify the remediating agency of its determination, including the specific causes for that determination. (f) If the oversight agency determines that the specific causes for the determination are not adequately addressed pursuant to subdivision (e), or if a compliance plan is not submitted to, and approved by, the oversight agency within 180 days from the date of the notification pursuant to subdivision (e), the oversight agency may determine that the remediating agency is in violation of this chapter. A remediating agency that is in violation of this chapter is not protected by the limitations on responsibility for remediation of abandoned mined lands provided by this chapter and may be subject to any enforcement action authorized by law. (Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
  129. 13398.9.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. )

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    This section says the chapter does not change a remediating agency’s liability in several situations, and it requires the Penn Mine remediation plan to include MOU terms if an MOU is entered into.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.7. Drainage From Abandoned Mines [13397 - 13398.9] ( Chapter 5.7 added by Stats. 1995, Ch. 878, Sec. 1. ) ## 13398.9. (a) This chapter has no effect on the tort liability of a remediating agency for personal injury or wrongful death. (b) This chapter has no effect on the liability of a remediating agency based upon activities other than those undertaken in connection with the implementation of an approved remediation plan. (c) This chapter has no effect on the liability of a remediating agency if that agency, following implementation of an approved remediation plan, benefits from, or participates in, any mining operation, including exploration, associated with the abandoned mined lands subject to the approved remediation plan. (d) For the purposes of this chapter, the remediation plan for the Penn Mine property located in Calaveras County shall, if a memorandum of understanding is entered into by the state and other appropriate parties, include the terms and conditions set forth in that memorandum of understanding. (Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
  130. 13399.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. )

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    This section creates a minor-violations enforcement policy for water quality violations and limits it to the state board and regional boards.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. ) ## 13399. (a) The Legislature hereby finds and declares that the purpose of this chapter is to establish an enforcement policy for violations of this division that the enforcement agency finds are minor when the danger they pose to, or the potential that they have for endangering, human health, safety, or welfare or the environment are taken into account. (b) It is the intent of the Legislature in enacting this chapter to provide a more resource-efficient enforcement mechanism, faster compliance times, and the creation of a productive and cooperative working relationship between the state board, the regional boards, and the regulated community while maintaining protection of human health and safety and the environment. (c) This chapter applies solely to the actions of the state board and the regional boards in administering this division and has no application to the administrative enforcement actions of other public agencies. (d) The state board and each regional board shall implement this chapter by determining the types of violations of this division, or of the regulations, rules, standards, orders, permit conditions, or other requirements adopted pursuant to this division that the state board or the regional board finds are minor violations in accordance with subdivisions (e) and (f). The state board shall implement this chapter through adoption of regulations or state policy for water quality control pursuant to Article 3 (commencing with Section 13140) of Chapter 3. (e) In determining the types of violations that are minor violations, the state board or regional board shall consider all of the following factors: (1) The magnitude of the violation. (2) The scope of the violation. (3) The severity of the violation. (4) The degree to which a violation puts human health, safety, or welfare or the environment into jeopardy. (5) The degree to which a violation could contribute to the failure to accomplish an important goal or program objective as established by this division. (6) The degree to which a violation may make it difficult to determine if the violator is in compliance with other requirements of this division. (f) For purposes of this chapter, a minor violation of this division shall not include any of the following: (1) Any knowing, willful, or intentional violation of this division. (2) Any violation of this division that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage. (3) Any violation that is a chronic violation or that is committed by a recalcitrant violator. (g) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of paragraph (3) of subdivision (f), the state board or regional board shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this division or the requirements adopted pursuant to this division. (Added by Stats. 1996, Ch. 775, Sec. 4. Effective January 1, 1997.)
  131. 13399.1.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. )

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    This section defines a “notice to comply” and sets out how it must be issued and served during an inspection.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. ) ## 13399.1. For purposes of this chapter, “notice to comply” means a written method of alleging a minor violation that is in compliance with all of the following requirements: (a) The notice to comply is written in the course of conducting an inspection by an authorized representative of the state board or regional board. If testing is required by the state board or regional board to determine compliance, and the testing cannot be conducted during the course of the inspection, the representative of the state board or regional board shall have a reasonable period of time to conduct the required testing. If, after the test results are available, the representative of the state board or regional board determines that the issuance of a notice to comply is warranted, the representative shall immediately notify the facility owner or operator in writing. (b) A copy of the notice to comply is presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written. If offsite testing is required pursuant to subdivision (a), a copy of the notice to comply may be mailed to the owner or operator of the facility. (c) The notice to comply clearly states the nature of the alleged minor violation, a means by which compliance with the requirement cited by the representative of the state board or regional board may be achieved, and a time limit in which to comply, which shall not exceed 30 days. (d) The notice to comply shall contain the information specified in subdivision (h) of Section 13399.2 with regard to the possible reinspection of the facility. (Added by Stats. 1996, Ch. 775, Sec. 4. Effective January 1, 1997.)
  132. 13399.2.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. )

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    When an inspector finds a minor violation during an inspection, the state or regional board representative must issue a notice to comply before leaving the site, unless the violation was fixed immediately in front of the inspector.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. ) ## 13399.2. (a) An authorized representative of the state board or regional board, who, in the course of conducting an inspection, detects a minor violation shall issue a notice to comply before leaving the site at which the minor violation is alleged to have occurred if the authorized representative finds that a notice to comply is warranted. (b) A person who receives a notice to comply pursuant to subdivision (a) shall have the period specified in the notice to comply from the date of receipt of the notice to comply in which to achieve compliance with the requirement cited on the notice to comply. Within five working days of achieving compliance, the person who received the notice to comply shall sign the notice to comply, and return it to the representative of the state board or regional board, stating that the person has complied with the notice to comply. A false statement that compliance has been achieved is a violation of this division pursuant to subdivision (a) of Section 13268, Section 13385, or subdivision (e) of Section 13387. (c) A single notice to comply shall be issued for all minor violations cited during the same inspection and the notice to comply shall separately list each cited minor violation and the manner in which each minor violation may be brought into compliance. (d) A notice to comply shall not be issued for any minor violation that is corrected immediately in the presence of the inspector. Immediate compliance in that manner may be noted in the inspection report, but the person shall not be subject to any further action by the representative of the state board or regional board. (e) Except as otherwise provided in subdivision (g), a notice to comply shall be the only means by which the representative of the state board or regional board shall cite a minor violation. The representative of the state board or regional board shall not take any other enforcement action specified in this division against a person who has received a notice to comply if the person is in compliance with this section. (f) If a person who receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged violations cited in the notice to comply, the person shall give written notice of appeal to the state board or regional board. (g) Notwithstanding any other provision of this section, if a person fails to comply with a notice to comply within the prescribed period, or if the state board or regional board determines that the circumstances surrounding a particular minor violation are such that immediate enforcement is warranted to prevent harm to the public health or safety or to the environment, the state board or regional board may take any needed enforcement action authorized by this division. (h) A notice to comply issued to a person pursuant to this section shall contain a statement that the inspected facility may be subject to reinspection at any time. Nothing in this section shall be construed as preventing the reinspection of a facility to ensure compliance or to ensure that minor violations cited in a notice to comply have been corrected. (i) Nothing in this section shall be construed as preventing the state board or regional board, on a case-by-case basis, from requiring a person subject to a notice to comply to submit reasonable and necessary documentation to support a claim of compliance by the person. (j) Nothing in this section restricts the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. Furthermore, nothing in this section prevents the state board or regional board, or a representative of the state board or regional board, from cooperating with, or participating in, such a proceeding. (k) Notwithstanding any other provision of this section, if the state board or regional board determines that the circumstances surrounding a particular minor violation are such that the assessment of a civil penalty pursuant to this division is warranted or required by federal law, in addition to issuance of a notice to comply, the state board or regional board shall assess a civil penalty in accordance with this division, if the state board or regional board makes written findings that set forth the basis for the determination of the state board or regional board. (Added by Stats. 1996, Ch. 775, Sec. 4. Effective January 1, 1997.)
  133. 13399.25.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    This chapter adds to, and does not replace, other laws about storm water discharge.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.25. This chapter supplements, and does not supplant, other laws relating to the discharge of storm water. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  134. 13399.27.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    The state board must annually prepare and publicly make available a report by December 31.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.27. On or before December 31, the state board, after any necessary investigation, shall annually prepare, and make available to the public, a report that includes both of the following for the previous calendar year: (a) A list of those persons that were notified of their duty to comply with applicable general storm water NPDES permits pursuant to Section 13399.30 and a description of the responses received to those notifications, including the filing of notices of intent to obtain coverage or notices of nonapplicability, returned mail and no response, appeals of filing or permitting requirements pursuant to this chapter, site inspections, enforcement actions taken, and penalties assessed therefor. (b) A list of those dischargers identified pursuant to Section 13399.31 that, during the previous calendar year, failed to submit an annual report or construction certification required by a regional board, and any penalties assessed therefor. (Amended by Stats. 2017, Ch. 524, Sec. 4. (AB 355) Effective January 1, 2018.)
  135. 13399.3.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. )

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    The state board must report to the Legislature by January 1, 2000 on implementation of this chapter, and each regional board must provide requested information to the state board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.8. Minor Violations [13399 - 13399.3] ( Chapter 5.8 added by Stats. 1996, Ch. 775, Sec. 4. ) ## 13399.3. On or before January 1, 2000, the state board shall report to the Legislature on actions taken by the state board and the regional boards to implement this chapter and the results of that implementation. Each regional board shall provide the state board with the information that the state board requests to determine the degree to which the purposes described in subdivision (a) of Section 13399 have been achieved. (Amended by Stats. 2000, Ch. 727, Sec. 6. Effective January 1, 2001.)
  136. 13399.30.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    Regional boards must try to identify storm water dischargers without permit coverage, and affected persons must respond to a board notice within 30 days with either a notice of intent or a notice of nonapplicability.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.30. (a) (1) Each year the regional boards shall undertake reasonable efforts to identify dischargers of storm water that have not obtained coverage under an appropriate storm water NPDES permit. (2) Any person, including a person subject to waste discharge requirements under Section 1342(p) of Title 33 of the United States Code, that discharges, proposes to discharge, or is suspected by a regional board or the state board of discharging storm water associated with industrial activity that has not obtained coverage under an appropriate storm water NPDES permit, shall submit to the regional board, within 30 days from the date on which a notice is sent by the regional board, the appropriate notice of intent to obtain coverage or a notice of nonapplicability that specifies the basis for not needing to obtain coverage under an NPDES permit. (b) If a person to which a notice is sent pursuant to subdivision (a) fails to submit the appropriate notice of intent to obtain coverage or the required notice of nonapplicability to the regional board within 30 days from the date on which that notice is sent, the executive officer of the regional board shall send a second notice to that discharger. (c) (1) If a person to which a notice is sent pursuant to subdivision (b) fails to submit the required notice of nonapplicability to the regional board within 60 days from the date on which the notice pursuant to subdivision (a) was sent, the regional board shall impose the penalties described in subdivision (b) of Section 13399.33. (2) If a person to which a notice is sent pursuant to subdivision (b) fails to submit the required notice of intent to obtain coverage to the regional board within 60 days from the date on which the notice pursuant to subdivision (a) was sent, the regional board shall impose the penalties described in subdivision (a) of Section 13399.33. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  137. 13399.31.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    The regional board must review annual reports and construction certifications each year, notify dischargers who failed to submit them, and impose penalties if a discharger still does not comply after notice.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.31. (a) Each year the regional board shall conduct a review of the annual reports and construction certifications submitted in accordance with the requirements of an applicable NPDES permit and Section 1342(p) of Title 33 of the United States Code and shall identify the dischargers that have failed to submit that annual report or construction certification required by the regional board. (b) The regional board shall notify each discharger that is identified pursuant to subdivision (a) with regard to its noncompliance and the penalties therefor. (c) If a discharger to which a notice is sent pursuant to subdivision (b) fails to submit the annual report or construction certification required by the regional board to the regional board within 30 days from the date on which that notice is sent, the executive officer of the regional board shall send a second notice to that discharger. (d) If a discharger to which a notice is sent pursuant to subdivision (c) fails to submit the annual report or construction certification required by the regional board to the regional board within 60 days from the date on which the notice is sent pursuant to subdivision (b), the regional board shall impose the penalties described in subdivision (c) of Section 13399.33. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  138. 13399.33.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    The regional board must impose administrative civil liability for certain storm water reporting failures, and recover its costs, subject to an exception in Section 13399.35.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.33. Except as provided in Section 13399.35, the regional board shall do all of the following with regard to a discharger that is subject to the requirements prescribed in accordance with Section 1342(p) of Title 33 of the United States Code: (a) (1) With regard to a discharger of storm water associated with industrial activity that fails to submit the required notice of intent to obtain coverage in accordance with Section 13399.30, impose civil liability administratively in an amount that is not less than five thousand dollars ($5,000) per year of noncompliance or fraction thereof, unless the regional board makes express findings setting forth the reasons for its failure to do so, based on the specific factors required to be considered pursuant to paragraph (2). (2) In determining the amount of the penalty imposed under this section, the regional board shall consider the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, economic benefits or savings resulting from the violation, and other matters as justice may require. These considerations shall be balanced against the need for the regulatory costs of environmental protection to be borne equally by dischargers throughout the state, and the need for predictability of enforcement when making business decisions. (b) With regard to a person that fails to submit the required notice of nonapplicability in accordance with Section 13399.30, impose civil liability administratively in the amount of one thousand dollars ($1,000). (c) With regard to a person that fails to submit an annual report or construction certification in accordance with Section 13399.31, impose civil liability administratively in an amount that is not less than one thousand dollars ($1,000). (d) Recover from the persons described in subdivisions (a), (b), and (c) the costs incurred by the regional board with regard to those persons. (e) It is an affirmative defense to the penalties imposed under this section for a person described in subdivision (a) or (b) to prove that he or she did not, in fact, receive the notices required under Section 13399.30 or 13399.31. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  139. 13399.35.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    The regional board may let a person reduce certain penalties by up to 50% if the person undertakes a supplemental environmental project that meets the stated conditions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.35. (a) The regional board may allow a person to reduce the penalties described in subdivisions (a), (b), and (c) of Section 13399.33 by up to 50 percent by undertaking a supplemental environmental project in accordance with the enforcement policy of the state board and any applicable guidance document. (b) For the purposes of this section, a “supplemental environmental project” means an environmentally beneficial project that a person agrees to undertake, with the approval of the regional board, which would not be undertaken in the absence of an enforcement action under Section 13399.33. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  140. 13399.37.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    Money recovered under Section 13399.33 must be deposited and separately accounted for in the Waste Discharge Permit Fund.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.37. (a) The money generated from the imposition of liability and cost recovery pursuant to Section 13399.33 shall be deposited, and separately accounted for, in the Waste Discharge Permit Fund. (b) The money described in subdivision (a) shall be available, upon appropriation by the Legislature, to the regional boards from which the revenues were generated for the purpose of carrying out storm water programs under this division. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  141. 13399.41.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

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    State agencies must give the state board certain facility information when requested, and the state board may use that information only to regulate storm water discharges from industrial activity.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.41. Notwithstanding any other provision of law, appropriate state agencies, as requested by the executive director of the state board, shall provide the state board with the names, addresses, and standard industrial classifications or types of business facilities that are subject to storm water programs under this division. The information obtained pursuant to this section shall be used by the state board solely to regulate the discharge of storm water associated with industrial activity under this division. The state shall reimburse state agencies for all reasonable expenses incurred in connection with complying with this section. (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  142. 13399.43.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. )

    Verify source ↗

    This section defines “NPDES permit” as a permit issued under the national pollutant discharge elimination system program in accordance with the Clean Water Act.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43] ( Chapter 5.9 added by Stats. 1998, Ch. 998, Sec. 3. ) ## 13399.43. For the purposes of this chapter, “NPDES permit” means a permit issued under the national pollutant discharge elimination system program in accordance with the Clean Water Act (33 U.S.C.A. Sec. 1251 et seq.). (Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
  143. 134.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The department may spend appropriated money for administering laws it enforces, and may also spend that money to support appropriate state agencies within the department.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 134. The department may expend money appropriated for the administration of the laws the enforcement of which is committed to the department. The department may expend such money for the use, support, or maintenance of any appropriate state agency within the department. Such expenditures by the department shall be made in accordance with law in carrying on the work for which the appropriations were made. (Added by Stats. 1957, Ch. 1932.)
  144. 134.5.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. )

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    The Director of Finance must administratively establish positions needed to carry out activities funded by Division 33 appropriations.

    ## Water Code - WAT ## DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 550] ( Division 1 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 2. State Administration Generally [120 - 190] ( Chapter 2 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Department of Water Resources [120 - 148] ( Heading of Article 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 52. ) ## 134.5. The Director of Finance shall administratively establish positions necessary to implement activities funded by the appropriations made in Division 33 (commencing with Section 83000). (Added by Stats. 2008, 2nd Ex. Sess., Ch. 1, Sec. 3. Effective March 1, 2009.)
  145. 1340.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Notice of Hearing [1340 - 1342] ( Article 1 enacted by Stats. 1943, Ch. 368. )

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    For a protested application, notice of the hearing must be mailed by registered mail at least 20 days before the hearing date.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Notice of Hearing [1340 - 1342] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1340. Notice of hearing on a protested application shall be given by mailing notice not less than 20 days before the date of hearing to both the applicant and protestant by registered mail. (Enacted by Stats. 1943, Ch. 368.)
  146. 13400.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. State Water Quality Control Fund [13400 - 13401] ( Article 1 added by Stats. 1969, Ch. 482. )

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    This section defines key terms used in the chapter, including “Facilities,” “Fund,” “Not-for-profit organization,” and “Public agency.”

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. State Water Quality Control Fund [13400 - 13401] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13400. As used in this chapter, unless otherwise apparent from the context: (a) “Facilities” means any of the following: (1) Facilities for the collection, treatment, or export of waste when necessary to prevent water pollution. (2) Facilities to recycle wastewater and to convey recycled water. (3) Facilities or devices to conserve water. (4) Any combination of the facilities described in paragraph (1), (2), or (3). (b) “Fund” means the State Water Quality Control Fund. (c) “Not-for-profit organization” means an organization operated on a not-for-profit basis, including, but not limited to, an association, cooperative, or private corporation that is a public water system, as defined in Section 116275 of the Health and Safety Code, that meets technical, managerial, and financial capacity criteria specified by the state board for public water systems, or that is subject to regulatory authority pursuant to this division.“Not-for-profit organization” includes only an organization that is either controlled by a local public body or bodies or has a broadly based ownership by, or membership of, people of the local community. (d) “Public agency” means any city, county, city and county, district, or other political subdivision of the state. (Amended by Stats. 2015, Ch. 673, Sec. 33. (AB 1531) Effective January 1, 2016.)
  147. 13401.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. State Water Quality Control Fund [13400 - 13401] ( Article 1 added by Stats. 1969, Ch. 482. )

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    The State Water Quality Control Fund continues to exist, its money is appropriated for state board loans to public agencies, and the fund’s money must be transferred to the State Water Pollution Control Revolving Fund when the state board orders it.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 1. State Water Quality Control Fund [13400 - 13401] ( Article 1 added by Stats. 1969, Ch. 482. ) ## 13401. (a) The State Water Quality Control Fund is continued in existence. The following moneys in the fund are appropriated, without regard to fiscal years, for expenditure by the state board in making loans to public agencies in accordance with this chapter: (1) The balance of the original moneys deposited in the fund. (2) Any money repaid to the fund. (3) Any remaining balance of the money in the fund deposited therein after the specific appropriations for loans to the South Tahoe Public Utility District, the North Tahoe Public Utility District, the Tahoe City Public Utility District, the Truckee Sanitary District, and to any other governmental entity in the areas served by such districts have been made. (b) Notwithstanding subdivision (a), upon the order of the state board, the money in the State Water Quality Control Fund shall be transferred to the State Water Pollution Control Revolving Fund. (Amended by Stats. 1993, Ch. 775, Sec. 1. Effective January 1, 1994.)
  148. 1341.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Notice of Hearing [1340 - 1342] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    A notice of hearing for a protested application must list the applicant and protestant, the hearing time and place, and may include other information the board thinks advisable.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Notice of Hearing [1340 - 1342] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1341. The notice of hearing on a protested application shall state the names of the applicant and protestant, the time and place fixed for the hearing, and such other appropriate information as may be deemed advisable by the board. (Amended by Stats. 1957, Ch. 1932.)
  149. 13410.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Loan applications under this chapter must include a project description, facts showing necessity and financing need, a repayment plan, and any other information required by the state board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13410. Applications for construction loans under this chapter shall include: (a) A description of the proposed facilities. (b) A statement of facts showing the necessity for the proposed facilities and showing that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency. (c) A proposed plan for repaying the loan. (d) Other information as required by the state board. (Added by Stats. 1969, Ch. 482.)
  150. 13411.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The state board may lend money to an applicant for proposed facilities if specified findings are made and the Director of Finance approves.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13411. Upon a determination by the state board, after consultation with the State Department of Health, that (a) the facilities proposed by an applicant are necessary to the health or welfare of the inhabitants of the state, (b) that the proposed facilities meet the needs of the applicant, (c) that funds of the public agency are not available for financing such facilities and that the sale of revenue or general obligation bonds through private financial institutions is impossible or would impose an unreasonable burden on the public agency, (d) that the proposed plan for repayment is feasible, (e) in the case of facilities proposed under Section 13400(c)(1) that such facilities are necessary to prevent water pollution, (f) in the case of facilities proposed under Section 13400(c)(2) that such facilities will produce recycled water and that the public agency has adopted a feasible program for use thereof, and (g) in the case of facilities proposed under Section 13400(c)(3) that such facilities are a cost effective means of conserving water, the state board, subject to approval by the Director of Finance, may loan to the applicant such sum as it determines is not otherwise available to the public agency to construct the proposed facilities. (Amended by Stats. 1995, Ch. 28, Sec. 23. Effective January 1, 1996.)
  151. 13412.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A public agency can receive a loan only if it signs an agreement with the state board and promises to repay the loan with interest within 25 years at the stated interest rate.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13412. No loan shall be made to a public agency unless it executes an agreement with the state board under which it agrees to repay the amount of the loan, with interest, within 25 years at 50 percent of the average interest rate paid by the state on general obligation bonds sold in the calendar year immediately preceding the year in which the loan agreement is executed. (Amended by Stats. 1986, Ch. 978, Sec. 1.)
  152. 13413.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    When making construction loans, the state board should give special consideration to facilities in areas where building construction has been halted or may be halted by public health orders or notice.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13413. It is the policy of this state that, in making construction loans under this article, the state board should give special consideration to facilities proposed to be constructed by public agencies in areas in which further construction of buildings has been halted by order of the State Department of Health or a local health department, or both, or notice has been given that such an order is being considered; provided, however, that the public agencies designated in this section shall otherwise comply with and meet all requirements of other provisions of this chapter. (Amended by Stats. 1971, Ch. 1593.)
  153. 13414.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    Money received back from loans under this chapter must be paid to the State Treasurer and credited to the fund.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13414. All money received in repayment of loans under this chapter shall be paid to the State Treasurer and credited to the fund. (Added by Stats. 1969, Ch. 482.)
  154. 13415.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    The state board may make loans to public agencies for waste water reclamation studies and investigations, subject to limits, application requirements, and repayment terms.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13415. (a) Loans may be made by the state board to public agencies to pay not more than one-half of the cost of studies and investigations made by such public agencies in connection with waste water reclamation. (b) Not more than a total of two hundred thousand dollars ($200,00) shall be loaned pursuant to this section in any fiscal year, and not more than fifty thousand dollars ($50,000) shall be loaned to any public agency in any fiscal year pursuant to this section. In the event that less than two million dollars ($2,000,000) is available in any fiscal year for loans under this article, then not more than 10 pecent of the available amount shall be available for loans for studies and investigations pursuant to this section. (c) Applications for such loans shall be made in such form, and shall contain such information, as may be required by the state board. (d) Such loans shall be repaid within a period not to exceed 10 years, with interest at a rate established in the manner provided in Section 13412. (Added by Stats. 1969, Ch. 482.)
  155. 13416.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A public agency must hold an election and win majority voter support before entering a construction-loan contract with the state board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13416. Before a public agency may enter into a contract with the state board for a construction loan under this chapter, the public agency shall hold an election on the proposition of whether or not the public agency shall enter into the proposed contract and more than 50 percent of the votes cast at such election must be in favor of such proposition. (Added by Stats. 1969, Ch. 482.)
  156. 13417.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A public agency must hold the election for a proposed contract under specified election procedures, include required notice and ballot details, and usually hold the election across the whole agency unless only part of the agency is involved.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2. Loans to Local Agencies [13410 - 13417] ( Article 2 added by Stats. 1969, Ch. 482. ) ## 13417. The election shall be held in accordance with the following provisions: (a) The procedure for holding an election on the incurring of bonded indebtedness by the public agency shall be utilized for an election of the proposed contract as nearly as the same may be applicable. Where the law applicable to the public agency does not contain a bond election procedure, the procedure set forth in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable. (b) No particular form of ballot is required. (c) The notice of the election shall include a statement of the time and place of the election, the purpose of the election, the general purpose of the contract, and the maximum amount of money to be borrowed from the state under the contract. (d) The ballots for the election shall contain a brief statement of the general purpose of the contract substantially as stated in the notice of the election and shall state the maximum amount of money to be borrowed from the state under the contract. To the right of or below the statement of the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (e) The election shall be held in the entire public agency except where the public agency proposes to contract with the state board on behalf of a specified portion, or of specified portions of the public agency, in which case the election shall be held in the applicable portion or portions of the public agency only. (Amended by Stats. 2025, Ch. 303, Sec. 37. (AB 1512) Effective January 1, 2026.)
  157. 1342.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Notice of Hearing [1340 - 1342] ( Article 1 enacted by Stats. 1943, Ch. 368. )

    Verify source ↗

    If a hearing is held on an unprotested application, notice of the hearing must be mailed at least 20 days before the hearing date.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1. Notice of Hearing [1340 - 1342] ( Article 1 enacted by Stats. 1943, Ch. 368. ) ## 1342. If a hearing is held on an unprotested application, notice of hearing shall be given by mailing notice not less than 20 days before the date of hearing. (Enacted by Stats. 1943, Ch. 368.)
  158. 13425.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    Applications for guarantees for local agency bond financing must include a facilities description, a financing plan, and any other information required by the state board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13425. Applications for guarantees for local agency bonds under this chapter shall include: (a) A description of the proposed facilities. (b) A financing plan for the proposed facilities, including the amount of debt and maximum term to maturity of the proposed local agency bond issue and identification of sources of revenue that will be dedicated to payment of principal and interest on the bonds. (c) Other information as required by the state board. The state board may provide that the application may be combined with applications for any other source of funds administered by the state board. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  159. 13426.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    The state board may approve a guarantee for a proposed local agency bond issue, but only with the Director of Finance’s approval and after making specified findings.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13426. The state board, subject to approval by the Director of Finance, may agree to provide a guarantee pursuant to this article for all or a specified part of the proposed local agency bond issue upon making all of the following determinations: (a) The facilities proposed by an applicant are necessary to the health or welfare of the inhabitants of the state and are consistent with water quality control plans adopted by regional boards. (b) The proposed facilities meet the needs of the applicant. (c) The proposed bond issue and plan repayment are sound and feasible. (d) In the case of facilities proposed under paragraph (2) of subdivision (a) of Section 13400, the facilities will produce recycled water and the applicant has adopted a feasible program for the use of the facilities. The state board may adopt criteria for ranking and setting priorities among applicants for those guarantees. (Amended by Stats. 2015, Ch. 673, Sec. 34. (AB 1531) Effective January 1, 2016.)
  160. 13427.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    An applicant must sign an agreement with the state board before any guarantee is extended, and then follow the listed project, financing, collection, and compliance terms.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13427. No guarantee shall be extended to any applicant unless it executes an agreement with the state board under which the applicant agrees to the following provisions: (a) To proceed expeditiously with, and complete, the proposed project. (b) To commence operation of the project on completion, and to properly operate and maintain the work in accordance with applicable provisions of law. (c) To issue bonds and to levy fines, charges, assessments, or taxes to pay the principal of, and interest on, the bonds as described in the application. (d) To diligently and expeditiously collect those levies, including timely exercise of available legal remedies in the event of delinquency or default. (e) To act in accordance with such other provisions as the state board may require. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  161. 13428.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    Money in the Clean Water Bond Guarantee Fund is continuously appropriated to the state board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13428. Notwithstanding Section 13340 of the Government Code, the money in the Clean Water Bond Guarantee Fund, which is hereby created, is continuously appropriated to the state board without regard to fiscal years for the purposes of this chapter. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  162. 13429.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    Money in the Clean Water Bond Guarantee Fund that is not needed to make payments on guaranteed bonds must be invested according to law, and the investment proceeds must be returned to that fund as allowed by federal law.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13429. Money in the Clean Water Bond Guarantee Fund not needed for making payments on guaranteed bonds pursuant to this chapter shall be invested pursuant to law. All proceeds of the investment shall be deposited in that fund to the extent permitted by federal law. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  163. 13430.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    The state board may guarantee bonds under this article only up to a capped amount tied to the Clean Water Bond Guarantee Fund.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13430. The state board’s authorization to guarantee bonds under this article shall be limited to bonds with a total principal amount of not more than 10 times the amount in the Clean Water Bond Guarantee Fund at the time the state board determines to extend each guarantee pursuant to Section 13426. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  164. 13431.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    Bond-guarantee payments under this article cannot exceed the amount in the Clean Water Bond Guarantee Fund.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13431. Under no circumstances shall the amount paid out as a result of bond guarantees extended pursuant to this article exceed the amount in the Clean Water Bond Guarantee Fund. This article does not express or imply any commitment by the state board or any other agency of the state to pay any money or levy any charge or tax or otherwise exercise its faith and credit on behalf of any local agency or bondholder beyond the funds in the Clean Water Bond Guarantee Fund. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  165. 13432.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    The state board may charge an annual fee for guarantee coverage, but the fee cannot exceed one-tenth of 1 percent of the principal amount of each bond issue it guarantees.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13432. The state board may charge an annual fee not to exceed one-tenth of 1 percent of the principal amount of each bond issue that it guarantees for guarantee coverage. The state board may charge a lesser amount. The proceeds of any fee shall be paid into the Clean Water Bond Guarantee Fund. (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  166. 13433.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. )

    Verify source ↗

    The state board may adopt regulations for paying bond-guarantee funds and for requiring local agencies to take collection or property-sale actions to avoid fund losses or default.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 2.5. Guarantees for Local Agency Bonds [13425 - 13433] ( Article 2.5 added by Stats. 1988, Ch. 47, Sec. 1. ) ## 13433. The state board shall, by regulation, prescribe rules and procedures for all of the following: (a) To pay money from the Clean Water Bond Guarantee Fund to an insured local agency or bondholder in the event that the amount in the local agency’s bond reserve fund falls below a minimum amount, or in the event of failure by the local agency to pay the principal of, or interest on, an insured bond issue on time, as the state board may require. (b) To require, by court action if necessary, a local agency to raise sewer service charges, levy additional assessments, collect charges or assessments, or foreclose or otherwise sell property as needed to prevent a reduction in the local agency’s bond reserve fund, or to prevent default, or to collect funds to repay to the fund any payments made pursuant to subdivision (a). (Added by Stats. 1988, Ch. 47, Sec. 1. Effective March 18, 1988.)
  167. 13440.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    A State Water Pollution Cleanup and Abatement Account exists in the State Water Quality Control Fund and is administered by the state board.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13440. There is in the State Water Quality Control Fund the State Water Pollution Cleanup and Abatement Account (hereinafter called the “account”), to be administered by the state board. (Added by Stats. 1969, Ch. 482.)
  168. 13441.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

    Verify source ↗

    This section directs what money must be paid into the cleanup and abatement account and sets how much of the account’s funds the state board may spend in each fiscal year.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13441. (a) There is to be paid into the account all moneys from the following sources: (1) All moneys appropriated by the Legislature for the account. (2) All moneys contributed to the account by any person and accepted by the state board. (3) Except as otherwise provided, one-half of all moneys collected by way of criminal penalty and all moneys collected civilly under any proceeding brought pursuant to any provision of this division. (4) All moneys collected by the state board or a regional board for the account under Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code. (5) All moneys collected by the state board for the account under Section 13304 or for the account under other law allowing recovery of costs for cleanup or abatement of waste, pollution, or contamination. (6) Repayment of principal, interest, and fees on loans issued pursuant to this article. (7) Repayments of loan and grant moneys paid to a loan or grant recipient pursuant to this article in which the recipient was not eligible for that loan or grant. (8) Notwithstanding Sections 16305.7 and 16475 of the Government Code, any interest earned upon moneys deposited into the account. (b) The first unencumbered five hundred thousand dollars ($500,000) paid into the account in any given fiscal year is available without regard to fiscal years, for expenditure by the state board in accordance with the provisions of this article. The next unencumbered five hundred thousand dollars ($500,000), or any portion thereof, deposited in any given fiscal year, is available for expenditure by the state board for the purposes of this article, subject to the provisions set forth in Section 28 of the Budget Act of 1984 (Chapter 258 of the Statutes of 1984). The next unencumbered one million dollars ($1,000,000) deposited in the account in any given fiscal year is available for expenditure by the state board for the purposes of Section 13443. The remaining unencumbered funds deposited in the account in any given fiscal year is available without regard to fiscal years to the state board for expenditure for the purposes set forth in Sections 13442 and 13442.5. (Amended by Stats. 2017, Ch. 439, Sec. 1. (AB 339) Effective January 1, 2018.)
  169. 13441.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

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    The State Treasurer must transfer loan-style money from the State Water Quality Control Fund to the Section 13440 account when the state board requests it and the Director of Finance approves, and the transfer cannot be more than $25,000 at one time.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13441.5. The State Treasurer, when requested by the state board and approved by the Director of Finance, shall transfer moneys in the nature of a loan from the State Water Quality Control Fund to the account created pursuant to Section 13440, which shall be repayable from the account to such fund; provided, that the moneys transferred from the fund to the account shall not exceed the sum of twenty-five thousand dollars ($25,000) at any one time. (Added by Stats. 1970, Ch. 918.)
  170. 13442.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

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    The state board may approve grant payments to eligible entities for cleanup, abatement, urgent drinking water needs, and related actions, and it may adopt administration guidelines and spend funds for Section 13289.5 purposes, subject to a cutoff for costs after December 31, 2029.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13442. (a) Upon application by an eligible entity, as described in subdivision (b), the state board may approve the payment of grant moneys from the account to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, addressing actions required pursuant to Section 13289.5, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste. (b) An entity is eligible to apply for funding pursuant to this section if that entity has authority to undertake the activity described in subdivision (a) for which it seeks moneys and the entity is any of the following: (1) A public agency. (2) A tribal government that is on the California Tribal Consultation List maintained by the Native American Heritage Commission and is a disadvantaged community, as defined in Section 79505.5, that agrees to waive tribal sovereign immunity for the explicit purpose of regulation by the state board pursuant to this division. (3) A not-for-profit organization serving a disadvantaged community, as defined in Section 79505.5. (4) A community water system, as defined in Section 116275 of the Health and Safety Code, that serves a disadvantaged community, as defined in Section 79505.5. (5) An administrator, as defined in Section 13288. (c) An eligible entity shall not become liable to the state board for repayment of moneys paid to the entity under this section and expended in accordance with the state board’s approval of payment, but this shall not be a defense to an action brought pursuant to subdivision (c) of Section 13304 for the recovery of moneys paid under this section. (d) Projects using moneys that are paid to an eligible entity pursuant to this section shall be exempt from state contracting and procurement requirements set forth in the Government Code and the Public Contract Code to the extent necessary to take immediate action to protect public health and safety. (e) The state board may adopt guidelines for the allocation and administration of these moneys that shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (f) The state board may expend funds for the purposes described in Section 13289.5, but is not authorized to use funds for these purposes for costs incurred after December 31, 2029. (Amended by Stats. 2024, Ch. 505, Sec. 4. (AB 805) Effective September 24, 2024.)
  171. 13442.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

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    The state board may make loan funds available from the account to eligible entities, and borrowers must show repayment ability, adequate collateral, and proper use of funds.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13442.5. (a) Upon application by an eligible entity, as described in subdivision (b), the state board may make funds available from the account for a loan to that entity to assist in cleaning up a waste, abating the effects of a waste on waters of the state, or addressing an urgent drinking water need without regard to whether the need for drinking water is a result of the discharge of waste. (b) An entity is eligible to apply for a loan pursuant to this section if that entity has authority to undertake the activity described in subdivision (a) for which it seeks moneys and the entity is any of the following: (1) A public agency. (2) A nonprofit organization. (3) A community water system, as defined in Section 116275 of the Health and Safety Code. (c) Loan applicants shall demonstrate all of the following: (1) The ability to repay the loan. (2) The availability of adequate collateral to secure the loan. (3) That the loaned funds will be used for purposes consistent with subdivision (a). (4) Other information that the state board determines to be necessary. (d) Any loan issued pursuant to this section shall be secured by adequate collateral. The term of the loan shall not exceed 10 years. The interest rate for the loan shall be set by the state board in guidelines adopted pursuant to subdivision (f). (e) Projects using moneys that are loaned pursuant to this section shall not be subject to state contracting and procurement requirements to the extent necessary to take immediate action to protect public health and safety. (f) The state board shall adopt guidelines for the allocation and administration of loans from the account. These guidelines shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (g) The state board may expend funds from the account to service loans, recover defaulted loan moneys, and protect the state’s position as a lender creditor. (Added by Stats. 2017, Ch. 439, Sec. 4. (AB 339) Effective January 1, 2018.)
  172. 13443.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

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    The state board may order money from the account to be paid to a regional board if the regional board applies and meets the stated conditions.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13443. Upon application by a regional board that is attempting to remedy a significant unforeseen water pollution problem, posing an actual or potential public health threat, or is overseeing and tracking the implementation of a supplemental environmental project required as a condition of an order imposing administrative civil liability, and for which the regional board does not have adequate resources budgeted, the state board may order moneys to be paid from the account to the regional board to assist it in responding to the problem. (Amended by Stats. 2001, Ch. 869, Sec. 9. Effective January 1, 2002.)
  173. 13444.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. )

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    The board must post an annual report on its website about the account’s receipts and expenditures, complete the initial report by January 1, 2026, and separately account for receipt categories starting no later than June 30, 2025.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6. State Financial Assistance [13400 - 13444] ( Chapter 6 added by Stats. 1969, Ch. 482. ) ## ARTICLE 3. State Water Pollution Cleanup and Abatement Account [13440 - 13444] ( Article 3 added by Stats. 1969, Ch. 482. ) ## 13444. (a) No later than January 1 of each year, the board shall post on its internet website a report describing the receipts and expenditures of the State Water Pollution Cleanup and Abatement Account for the most recent completed fiscal year. (b) The board shall complete the initial report no later than January 1, 2026, and that report shall include, but not be limited to, the data required pursuant to subdivision (c) for the period from July 1, 2017, to June 30, 2025, inclusive. (c) Each report completed pursuant to this section shall include, but not be limited to, the following: (1) A list of applications that, for each application, contains the following: (A) The amount of funds the application requested. (B) The board’s decision on the application. (C) The amount of funds granted to the applicant. (D) A description of the project funded, if applicable. (E) If the application was denied in whole or in part, the reasons for the denial or partial funding. (2) (A) The total and individual amount of deposits to the State Water Pollution Cleanup and Abatement Account originating from enforcement fines. (B) The total amount of funds diverted to supplemental environmental projects from enforcement fines that would otherwise be deposited into the State Water Pollution Cleanup and Abatement Account. (3) The total amount of deposits to the account originating from each regional board and the total amount of grants provided to projects within each region. (d) Commencing no later than June 30, 2025, the board shall separately account within the State Water Pollution Cleanup and Abatement Account all categories of receipts, which shall include, but not be limited to, all of the following categories: (1) Enforcement fines. (2) Cost recovery in accordance with Section 13365. (3) Judicially approved settlements or judicial orders that include specified limitations on the use of the funds. (Added by Stats. 2024, Ch. 957, Sec. 1. (AB 2318) Effective January 1, 2025.)
  174. 1345.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. )

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    The Division of Water Rights must generally conduct a field investigation for all minor protested applications and notify the parties at least 20 days before it happens.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. ) ## 1345. (a) Except as provided in subdivision (b), the Division of Water Rights shall conduct a field investigation of all minor protested applications. The board shall notify the parties of the field investigation not less than 20 days prior to conducting the field investigation, to enable the parties to attend and present information to the board. (b) The Division of Water Rights is not required to conduct a field investigation for an application defined as a minor application under subdivision (b) of Section 1348 if the Division of Water Rights determines, in its discretion, that a field investigation will not substantially expedite consideration of the application and a hearing should be conducted under Section 183. If the Division of Water Rights makes that determination, Sections 1346 and 1347 do not apply to the application. (Amended by Stats. 2019, Ch. 678, Sec. 2. (AB 658) Effective January 1, 2020.)
  175. 13450.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This chapter may be cited as the Water Conservation and Water Quality Bond Law of 1986.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13450. This chapter shall be known and may be cited as the Water Conservation and Water Quality Bond Law of 1986. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  176. 13451.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The section states legislative findings about the importance of clean water and says the chapter is intended to provide funds for agricultural drainage water facilities, voluntary water conservation programs, and groundwater recharge facilities.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13451. The Legislature finds and declares all of the following: (a) An abundant supply of clean water is essential to the public health, safety, and welfare. (b) An abundant supply of clean water fosters the beauty of California’s environment, the expansion of industry and agriculture, maintains fish and wildlife, and supports recreation. (c) The state’s growing population has increasing needs for clean water supplies and adequate treatment facilities. (d) It is of paramount importance that the water resources of the state be protected from pollution and conserved, and that the groundwater basins of the state be recharged whenever possible to ensure continued economic, community, and social growth. (e) The chief cause of water pollution is the discharge of inadequately treated waste into the waters of the state. (f) Local agencies have the primary responsibility for the construction, operation, and maintenance of facilities to cleanse our waters, to conserve water, and recharge groundwater basins. (g) Rising costs of construction have pushed the costs of constructing treatment facilities and facilities to conserve water and recharge groundwater basins beyond the ability of local agencies to pay. (h) Because water knows no political boundaries, it is desirable for the state to contribute to the construction of these facilities in order to meet its obligations to protect and promote the health, safety, and welfare of its people and the environment. (i) Voluntary, cost-effective capital outlay water conservation programs can help meet growing demand for clean and abundant water supplies. (j) Recharge of groundwater basins is an effective way to maximize availability of scarce water supplies throughout the state. (k) California’s abundant streams, rivers, bays, estuaries, and groundwater are threatened with pollution from agricultural drainage water which could threaten public health and fish and wildlife resources and impede economic and social growth if left unchecked. Proper containment structures and treatment facilities could provide for the handling of agricultural drainage water in an environmentally sensitive manner. (l) (1) It is the intent of this chapter to provide funds for the construction of cost-effective containment structures and treatment facilities for the treatment, storage and disposal of agricultural drainage water. (2) It is the further intent of this chapter to provide funds for voluntary, cost-effective capital outlay water conservation programs and groundwater recharge facilities cooperatively carried out by local agencies and the department. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  177. 13452.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This section defines terms used in the chapter and says the department must find that each proposed project saves water and is cost effective.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13452. As used in this chapter, and for purposes of this chapter, as used in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), the following words have the following meanings: (a) “Board” means the State Water Resources Control Board. (b) “Committee” means the Water Conservation and Water Quality Finance Committee created by Section 13454. (c) “Department” means the Department of Water Resources. (d) “Drainage water management units” mean land and facilities for the treatment, storage, or disposal of agricultural drainage water which, if discharged untreated, would pollute or threaten to pollute the waters of the state. (1) Drainage water management units may include any of the following: (A) A surface impoundment which is a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials, which is designed to hold an accumulation of drainage water, including, but not limited to, holding, storage, settling, and aeration pits, evaporation ponds, percolation ponds, other ponds, and lagoons. Surface impoundment does not include a landfill, a land farm, a pile, an emergency containment dike, tank, or injection well. (B) Conveyance facilities to the treatment or storage site, including devices for flow regulation. (C) Facilities or works to treat agricultural drainage water to remove or substantially reduce the level of constituents which pollute or threaten to pollute the waters of the state, including, but not limited to, processes utilizing ion exchange, desalting technologies like reverse osmosis, and biological treatment. (D) An injection well. (2) Any or all of the drain water management units, including the land under the unit, may consist of separable features, or an appropriate share of multipurpose features, of a larger system, or both. (e) “Fund” means the 1986 Water Conservation and Water Quality Bond Fund. (f) “Groundwater recharge facilities” mean land and facilities for artificial groundwater recharge through methods which include, but are not limited to, (1) percolation using basins, pits, ditches and furrows, modified streambed, flooding, and well injection or (2) in-lieu recharge. “Groundwater recharge facilities” also mean capital outlay expenditures to expand, renovate, or restructure land and facilities already in use for the purpose of groundwater recharge. Groundwater recharge facilities may include any of the following: (1) Instream facilities for regulation of water levels, but not regulation of streamflow by storage to accomplish diversion from the waterway. (2) Agency-owned facilities for extraction. (3) Conveyance facilities to the recharge site, including devices for flow regulation and measurement of recharge waters. Any part or all of the project facilities, including the land under the facilities, may consist of the separable features, or an appropriate share of multipurpose features, of a larger system, or both. (g) “In-lieu recharge” means accomplishing increased storage of groundwater by providing interruptible surface water to a user who relies on groundwater as a primary supply, to accomplish groundwater storage through the direct use of that surface water in lieu of pumping groundwater. In-lieu recharge would be used rather than continuing pumping while artificially recharging with the interruptible surface waters. However, bond proceeds shall not be used to purchase surface water for use in lieu of pumping groundwater. (h) “Local agency” or “agency” means any city, county, district, joint powers authority, or other political subdivision of the state involved with water management. (i) “Project” means all of the following: (1) Groundwater recharge facilities. (2) Voluntary, cost-effective capital outlay water conservation programs. (3) Drainage water management units. (j) “Voluntary, cost-effective capital outlay water conservation programs” mean those feasible capital outlay measures to improve the efficiency of water use through benefits which exceed their costs. The programs include, but are not limited to, lining or piping of ditches; improvements in water distribution system controls such as automated canal control, construction of small reservoirs within distribution systems which conserve water that has already been captured for use, and related physical improvements; tailwater pumpback recovery systems; major improvements or replacements of distribution systems to reduce leakage; and capital changes in on-farm irrigation systems which improve irrigation efficiency such as sprinkler or subsurface drip. In each case, the department shall determine that there is a net savings of water as a result of each proposed project and that the project is cost effective. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  178. 13453.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    Creates the 1986 Water Conservation and Water Quality Bond Fund in the State Treasury and sets up two accounts within it for specified implementation purposes.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13453. There is hereby created the 1986 Water Conservation and Water Quality Bond Fund in the State Treasury. There shall be established in the fund a Water Conservation and Groundwater Recharge Account for the purpose of implementing Section 13458, and an Agricultural Drainage Water Account for the purpose of implementing Section 13459. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  179. 13454.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This section creates the Water Conservation and Water Quality Finance Committee and lists its members.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13454. (a) There is a Water Conservation and Water Quality Finance Committee consisting of the Governor or the Governor’s designated representative, the Controller, the Treasurer, the Director of Finance, the Director of the Department of Water Resources, and the Executive Director of the State Water Resources Control Board. (b) The Water Conservation and Water Quality Finance Committee is the “committee” as that term is used in the State General Obligation Bond Law. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  180. 13455.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The committee, department, and board are given powers to create debt, enter contracts, adopt rules, and spend limited funds for the specified bond purposes.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13455. (a) The committee may create a debt or debts, liability or liabilities, of the State of California in the aggregate amount of one hundred fifty million dollars ($150,000,000), in the manner provided in this chapter. The debt or debts, liability or liabilities, shall be created for the purpose of providing the fund to be used for the object and work specified in this section and in Sections 13458 and 13459. (b) The department may enter into contracts and may adopt rules and regulations necessary to carry out the purposes of Section 13458. (c) The department may expend not more than 21/2 percent of the total amount of the bonds authorized to be issued under this chapter for the administration of Section 13458. (d) The board may enter into contracts and may adopt rules and regulations necessary to carry out the purposes of Section 13459. (e) The board may expend not more than 21/2 percent of the total amount of the bonds authorized to be issued under this chapter for the administration of Section 13459. (f) The department or the board may expend funds necessary to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  181. 13456.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    State bonds sold and delivered are binding obligations, and state officers must help collect revenue needed to pay principal and interest.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13456. All bonds which have been duly sold and delivered constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is pledged for the punctual payment of both principal and interest. There shall be collected annually in the same manner, and at the same time as other state revenue is collected, the amount, in addition to the ordinary revenues of the state, required to pay the principal of, and interest on, the bonds. It is the duty of all officers charged by law with any duty in regard to the collection of that revenue to perform each and every act which is necessary to collect this additional amount. All money deposited in the fund which has been derived from premium and accrued interest on bonds sold is available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  182. 13457.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This section adopts the State General Obligation Bond Law for bonds issued under the chapter, lets the Treasurer set the bonds’ interest rates with committee approval, and caps bond maturity at 50 years.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13457. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale, and repayment of, and other matters with respect to, the bonds authorized by this chapter. The provisions of that law are included in this chapter as though set out in full in this chapter, except that, notwithstanding any provision in the State General Obligation Bond Law, the bonds authorized under this chapter shall bear the rates of interest, or maximum rates, fixed from time to time by the Treasurer with the approval of the committee. The maximum maturity of the bonds shall not exceed 50 years from the date of the bonds or from the date of each respective series. The maturity of each respective series shall be calculated from the date of the series. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  183. 13458.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The department may make and structure loans to local agencies for eligible water conservation and groundwater recharge projects, subject to specified contract terms, caps, and priorities.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13458. (a) The sum of seventy-five million dollars ($75,000,000) of the money in the fund shall be deposited in the Water Conservation and Groundwater Recharge Account and, notwithstanding Section 13340 of the Government Code, is appropriated for expenditure in the 1986–87 fiscal year for loans to local agencies to aid in the acquisition and construction of voluntary, cost-effective capital outlay water conservation programs and groundwater recharge facilities and the purposes set forth in this section. Loans made in the 1986–87 fiscal year may not be authorized sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house which considers appropriations, to the policy committee of the Assembly as designated by the Speaker of the Assembly and the policy committee of the Senate designated by the Senate Rules Committee, and the Chairperson of the Joint Legislative Budget Committee. (b) Any contract entered into pursuant to this section may include provisions as may be determined by the department. However, any contract concerning an eligible, voluntary, cost-effective capital outlay water conservation program shall be supported by or shall include, in substance, all of the following: (1) An estimate of the reasonable cost and benefit of the program. (2) An agreement by the local agency to proceed expeditiously with, and complete, the program. (3) A provision that there shall be no moratorium or deferment on payments of principal or interest. (4) A loan period of up to 20 years with an interest rate set annually by the department at 50 percent of the interest rate computed by the true interest cost method on bonds most recently issued pursuant to this chapter. The interest rate set for each contract shall be applied throughout the contract’s repayment period. There shall be a level annual repayment of principal and interest on the loans. (5) A provision that the project shall not receive any more than five million dollars ($5,000,000) in loan proceeds from the department. The department shall set priority for loans under this subdivision on the basis of the cost effectiveness of the proposed project, with the most cost-effective projects receiving the highest priorities. (c) Any contract concerning an eligible project for groundwater recharge shall be supported by or shall include, in substance, all of the following: (1) A finding by the department that the agency has the ability to repay the requested loan, that the project is economically justified, and that the project is feasible from an engineering and hydrogeologic viewpoint. (2) An estimate of the reasonable cost and benefit of the project, including a feasibility report which shall set forth the economic justification and the engineering, hydrogeologic, and financial feasibility of the project, and shall include explanations of the proposed facilities and their relation to other water-related facilities in the basin or region. (3) An agreement by the agency to proceed expeditiously to complete the project in conformance with the approved plans and specifications and the feasibility report and to operate and maintain the project properly upon completion throughout the repayment period. (4) A provision that there shall be no moratorium or deferment on payment of principal or interest. (5) A loan period of up to 20 years with an interest rate set annually by the department at 50 percent of the interest rate computed by the true interest cost method on bonds most recently issued pursuant to this chapter. The interest rate set for each contract shall be applied throughout the contract’s repayment period. There shall be a level annual repayment of principal and interest on the loans. (6) A provision that the project shall not receive any more than five million dollars ($5,000,000) in loan proceeds from the department. The department shall give priority under this subdivision to projects of agencies located in overdrafted groundwater basins and those projects of critical need, to projects whose feasibility studies show the greatest economic justification and the greatest engineering and hydrogeologic feasibility as determined by the department, and to projects located in areas which have existing water management programs. (d) The department may make loans to local agencies, at the interest rates authorized under this section and under any terms and conditions as may be determined necessary by the department, for the purposes of financing feasibility studies of projects potentially eligible for funding under this section. No single potential project shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 3 percent of the total amount of bonds authorized to be expended for purposes of this section may be expended for this purpose. A loan for a feasibility study shall not decrease the maximum amount of any other loan which may be made under this section. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  184. 13459.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This section authorizes state loans for drainage water management projects and sets conditions, caps, and repayment rules.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13459. (a) The sum of seventy-five million dollars ($75,000,000) of the money in the fund shall be deposited in the Agricultural Drainage Water Account is appropriated for expenditure in the 1986–87 fiscal year for loans to agencies to aid in the construction of drainage water management units for the treatment, storage, or disposal of agricultural drainage water and the purposes set forth in this section. The board may loan an agency up to 100 percent of the total eligible costs of design and construction of an eligible project. Loans made in the 1986–87 fiscal year may not be authorized sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house which considers appropriations, to the policy committee of the Assembly as designated by the Speaker of the Assembly and the policy committee of the Senate designated by the Senate Rules Committee, and the Chairperson of the Joint Legislative Budget Committee. (b) Any contract for an eligible project entered into pursuant to this section may include such provisions as determined by the board and shall include, in substance, all of the following provisions: (1) An estimate of the reasonable cost of the eligible project. (2) An agreement by the agency to proceed expeditiously with, and complete, the eligible project; commence operation of the containment structures or treatment works upon completion and to properly operate and maintain the works in accordance with applicable provisions of law; provide for payment of the agency’s share of the cost of the project, including principal and interest on any state loan made pursuant to this section; and, if appropriate, apply for and make reasonable efforts to secure federal assistance for the state-assisted project. (c) All loans pursuant to this section are subject to all of the following provisions: (1) Agencies seeking a loan shall demonstrate, to the satisfaction of the board, that an adequate opportunity for public participation regarding the loan has been provided. (2) Any election held with respect to the loan shall include the entire agency except where the agency proposes to accept the loan on behalf of a specified portion, or portions, of the agency, in which case the referendum shall be held in that portion or portions of the agency only. (3) Loan contracts may not provide a moratorium on payment of principal or interest. (4) Loans shall be for a period of up to 20 years. The interest rate for the loans shall be set at a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, with that rate to be computed according to the true interest cost method. When the interest rate so determined is not a multiple of one-tenth of 1 percent, the interest rate shall be set at the next higher multiple of one-tenth of 1 percent. The interest rate set for each contract shall be applied throughout the contract’s repayment period. There shall be a level annual repayment of principal and interest on loans. (5) The board in considering eligible projects shall give preference to technologies which treat drainage water where the board finds that the technology is readily available and economically feasible for the agency. (6) No single project may receive more than twenty million dollars ($20,000,000) in loan proceeds from the board. (d) The board may make loans to local agencies, at the interest rates authorized under this section and under any terms and conditions as may be determined necessary by the board, for purposes of financing feasibility studies of projects potentially eligible for funding under this section. No single potential project shall be eligible to receive more than one hundred thousand dollars ($100,000), and not more than 3 percent of the total amount of bonds authorized to be expended for purposes of this section may be expended for this purpose. A loan for a feasibility study shall not decrease the maximum amount of any other loan which may be made under this section. (Amended by Stats. 1988, Ch. 47, Sec. 3. Amendment approved in Proposition 83 at the November 8, 1988, election. Note: This section was added by Stats. 1986, Ch. 6, and approved in Prop. 44 on June 3, 1986.)
  185. 13459.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    Certain unallocated money in a specified water bond account must be transferred to a named subaccount for a stated purpose.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13459.5. Unallocated money remaining in the Agricultural Drainage Water Account in the 1986 Water Conservation and Water Quality Bond Fund on November 6, 1996, and any unallocated money deposited into that account from the sale of any bonds that are sold after November 6, 1996, shall be transferred to the Drainage Management Subaccount, created by Section 78641, of the Clean Water and Water Recycling Account in the Safe, Clean, Reliable Water Supply Fund for the purposes of subdivision (b) of Section 78645. For the purpose of this section, “unallocated money” means money not committed or appropriated as of November 6, 1996, which is not less than six million one hundred seventy-seven thousand dollars ($6,177,000). (Amended by Stats. 1997, Ch. 566, Sec. 2. Effective September 29, 1997. This section was added by Stats. 1996, Ch. 135, and approved in Prop. 204 on Nov. 5, 1996.)
  186. 1346.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. )

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    The Division of Water Rights may ask the parties for information and may conduct additional proceedings after a field investigation.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. ) ## 1346. The Division of Water Rights may request the parties to submit information in support of their positions. The Division of Water Rights may request information before, during, or after the field investigation. After the field investigation, the Division of Water Rights may conduct additional proceedings in accordance with Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Repealed and added by Stats. 1997, Ch. 323, Sec. 13. Effective January 1, 1998.)
  187. 13460.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    Money in the fund from repayment provisions may be transferred to the General Fund to reimburse bond principal and interest payments.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13460. Money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund as a reimbursement for payment of bond principal and interest. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  188. 13461.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This section appropriates money from the General Fund to pay bond principal and interest and to carry out Section 13462.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13461. There is hereby appropriated from the General Fund, for the purpose of this chapter, an amount equal to the sum of the following: (a) The amount necessary annually to pay the principal of, and the interest on, the bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The amount necessary to carry out Section 13462, which is appropriated without regard to fiscal years. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  189. 13462.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The Director of Finance may authorize limited withdrawals from the General Fund for this chapter, and the money must be deposited, disbursed under this chapter, and repaid to the General Fund with interest.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13462. For the purpose of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of amounts not to exceed the amount of the unsold bonds which the committee has authorized to be sold for the purpose of carrying out this chapter. The amounts withdrawn shall be deposited in the fund and shall be disbursed by the department or the board in accordance with this chapter. Any money made available under this section to the department or the board shall be returned to the General Fund from money received from the sale of bonds. The withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would have otherwise been earned by those withdrawals in the Pooled Money Investment Fund. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  190. 13462.5.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    If certain bonds are sold with the required tax opinion, the Treasurer may handle bond proceeds and earnings in ways needed to preserve federal tax-exempt treatment.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13462.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 30.)
  191. 13463.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    On request by the department or the board, the committee must decide whether issuing bonds under this chapter is necessary or desirable.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13463. Upon request of the department or the board, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized under this chapter. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  192. 13464.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The committee may authorize the Treasurer to sell all or part of the bonds, and the Treasurer sets the sale times.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13464. The committee may authorize the Treasurer to sell all, or any part, of the bonds at times fixed by the Treasurer. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  193. 13465.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The committee may set additional terms and conditions for loan contracts to allow deferment of all or part of the principal payment.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13465. Notwithstanding Sections 13458 and 13459, the committee may prescribe further terms and conditions for loan contracts to authorize a deferment on payment of all or part of the principal. (Amended by Stats. 2006, Ch. 538, Sec. 678. Effective January 1, 2007. Note: This section was added by Stats. 1986, Ch. 6, and approved in Prop. 44 on June 3, 1986.)
  194. 13466.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    The department may make a loan only with specific legislative approval after the required report is received.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13466. For the 1987–88 fiscal year and each year thereafter, a loan may be made by the department only upon the specific approval of the Legislature, by an act enacted after the receipt of a report filed pursuant to Section 13467. (Amended by Stats. 1992, Ch. 321, Sec. 9. Effective January 1, 1993. Note: This section was added by Stats. 1986, Ch. 6, and approved in Prop. 44 on June 3, 1986.)
  195. 13467.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    $13,500,000 of unissued bonds is reallocated for financing under Division 26.7.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13467. Notwithstanding any other law, thirteen million five hundred thousand dollars ($13,500,000) of the unissued bonds authorized for the purposes of subdivision (a) of Section 13459 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700). (Added by Stats. 2014, Ch. 188, Sec. 3. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  196. 13468.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

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    This section says a specific Water Code phrase about the state’s average interest rate means the true interest cost rate on the most recently issued bonds under the Clean Water Bond Law of 1984.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13468. It is the intent of language in Section 13998.8(i)(3), Section 13999.10(d), and Section 13999.11(d) of the Water Code which was enacted by the voters in the Clean Water Bond Law of 1984 that “the average interest rate paid by the state on general obligation bonds in the calendar year immediately preceding the year in which the loan agreement is made” means the interest rate computed by the true interest cost method on the bonds most recently issued pursuant to the Clean Water Bond Law of 1984. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  197. 13469.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. )

    Verify source ↗

    If part of this chapter is invalid, the rest still applies if it can work without the invalid part.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.1. Water Conservation and Water Quality Bond Law of 1986 [13450 - 13469] ( Chapter 6.1 added by Stats. 1986, Ch. 6, Sec. 1. ) ## 13469. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1986, Ch. 6, Sec. 1. Approved in Proposition 44 at the June 3, 1986, election.)
  198. 1347.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. )

    Verify source ↗

    The Division of Water Rights must issue a decision after the field investigation and other information, unless the board decides more proceedings are needed.

    ## Water Code - WAT ## DIVISION 2. WATER [1000 - 5951] ( Division 2 enacted by Stats. 1943, Ch. 368. ) ## PART 2. APPROPRIATION OF WATER [1200 - 1851] ( Part 2 enacted by Stats. 1943, Ch. 368. ) ## CHAPTER 5. Proceedings on Application [1340 - 1353] ( Chapter 5 enacted by Stats. 1943, Ch. 368. ) ## ARTICLE 1.5. Minor Protested Applications Procedure [1345 - 1348] ( Article 1.5 added by Stats. 1980, Ch. 933, Sec. 7. ) ## 1347. Based upon the field investigation and any other information obtained under this article, the Division of Water Rights shall issue a decision unless the board in its discretion determines that additional proceedings should be conducted under Section 183. A decision of the Division of Water Rights is subject to review as provided in Chapter 4 (commencing with Section 1120) of Part 1. (Repealed and added by Stats. 1997, Ch. 323, Sec. 15. Effective January 1, 1998.)
  199. 13475.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

    Verify source ↗

    This section says California may establish and run a state/federal water pollution control revolving fund, and it should be consistent with the federal Clean Water Act.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13475. (a) The Legislature hereby finds and declares that since the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.) provides for establishment of a perpetual water pollution control revolving loan fund, which will be partially capitalized by federal contributions, it is in the interest of people of the state, in order to ensure full participation by the state under the federal Clean Water Act, to enact this chapter to authorize the state to establish and implement a state/federal water pollution control revolving fund in accordance with federal provisions, requirements, and limitations. (b) The primary purpose of this chapter is to enact a statute consistent with the provisions and requirements of the federal Clean Water Act, as those provisions, requirements, and limitations relate to establishment, management, and operation of a state/federal water pollution control revolving fund. It is the intent of the Legislature that the terms of this chapter shall be liberally construed to achieve this purpose. (Added by Stats. 1987, Ch. 1313, Sec. 1. Effective September 28, 1987.)
  200. 13476.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. )

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    This section defines terms used in the chapter, including the fund, board, financial assistance, municipality, publicly owned, and severely disadvantaged community.

    ## Water Code - WAT ## DIVISION 7. WATER QUALITY [13000 - 16201] ( Division 7 repealed and added by Stats. 1969, Ch. 482. ) ## CHAPTER 6.5. State Water Pollution Control Revolving Fund [13475 - 13485] ( Chapter 6.5 added by Stats. 1987, Ch. 1313, Sec. 1. ) ## 13476. Unless the context otherwise requires, the following definitions govern the construction of this chapter: (a) “Administration fund” means the State Water Pollution Control Revolving Fund Administration Fund. (b) “Board” means the State Water Resources Control Board. (c) “Federal Clean Water Act” or “federal act” means the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) and acts amendatory thereof or supplemental thereto. (d) (1) “Financial assistance” means assistance authorized under Section 13480. Financial assistance includes loans, refinancing, installment sales agreements, purchase of debt, and loan guarantees for municipal revolving funds, but excludes grants. (2) Notwithstanding paragraph (1), financial assistance may include grants or other assistance directed by a federal grant deposited in the fund to the extent authorized. (e) “Fund” means the State Water Pollution Control Revolving Fund. (f) “Grant fund” means the State Water Pollution Control Revolving Fund Small Community Grant Fund. (g) “Matching funds” means money that equals that percentage of federal contributions required by the federal act to be matched with state funds. (h) “Municipality” has the same meaning and construction as in the federal act and also includes all state, interstate, and intermunicipal agencies. (i) “Publicly owned” means owned by a municipality. (j) “Severely disadvantaged community” means a community with a median household income of less than 60 percent of the statewide median household income. (Amended by Stats. 2022, Ch. 60, Sec. 43. (AB 203) Effective June 30, 2022.)

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