TITLE 23. Waters
Division 1. Central Valley Flood Protection Board
(Originally Printed 7-25-45)
Chapter 1. Organization, Powers and Standards
Article 1. Authority, Purpose, Scope, and Intent
Note • History
These regulations are promulgated by the Central Valley Flood Protection Board pursuant to Water Code sections 8571, 8608 and 8610.5.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8610.5 and 8710, Water Code.
HISTORY
1. Amendment of article 1 heading, new article 1 (sections 1 through 3) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of division heading, section and Note filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Note • History
(a) The purpose of these regulations is to carry out the board's duties pursuant to Water Code sections 8534, 8608 and 8710 - 8723. Under these statutes, the Board is required to enforce, within its jurisdiction, on behalf of the State of California, appropriate standards for the construction, maintenance, and protection of adopted flood control plans that will best protect the public from floods.
(b) The area of the board's jurisdiction includes the entire Central Valley, including all tributaries and distributaries of the Sacramento and San Joaquin Rivers and Tulare and Buena Vista basins.
(c) This division does not apply to the construction, operation, or maintenance of the Central Valley Project or the State Water Resources Development System or any parts thereof.
(d) This division does not apply to any activities of the United States or its agencies.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8536, 8608 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note • History
The State has a primary interest in:
(1) Adequately protecting lands subject to overflow;
(2) Confining the waters of rivers, tributaries, bypasses, overflow channels, and basins within their respective boundaries;
(3) Preserving the welfare of residents and landowners;
(4) Maintaining and protecting the banks of the Sacramento and San Joaquin Rivers, their tributaries, bypasses, overflow channels, and basins; and
(5) Good and sufficient levees and embankments or other works of flood control and reclamation, to adequately protect lives and property from floods.
The regulations are also intended to comply with the board's obligations to the U.S. Army Corps of Engineers pursuant to numerous assurance agreements, Corps Operation and Maintenance Manuals, and 33 C.F.R. section 208.10.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8710, 8532 and 8533, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of subsection (4) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Article 2. Definitions and Delegations
Note • History
(a) Adopted Plan of Flood Control. “Adopted Plan of Flood Control” means a flood control or reclamation strategy for a specific area that has been adopted by the board or the Legislature and includes the following:
(1) In the case of project flood channels without levees, it means the natural stream channel and overbank area at design flood levels;
(2) In the case of project channels with levees, it means the area between and including the project levees, and includes:
(A) Additional area outside of the project levees where encroachments could affect the integrity, functioning or maintenance of the works (generally ten [10] feet landward of the levee toe);
(B) Any flowage areas that are part of the federal or state flood control project; and
(C) Areas where there are flowage easements; and
(3) In the case of designated floodways, it means the area between the encroachment lines. For purposes of this section, boundary lines and encroachment lines are interchangeable terms.
(4) Where levees are involved, the “Adopted Plan of Flood Control” extends at least ten (10) feet landward from the levee toe except where an operation and maintenance manual furnished pursuant to 33 C.F.R. 208.10 or the real property rights acquired by the board specifically provide otherwise.
(b) Berm. “Berm” means the strip of ground between the waterward levee toe and the top of the bank of the low water channel.
(c) Board. “Board” means The Central Valley Flood Protection Board of the Resources Agency of the State of California as provided in Water Code section 8521.
(d) CEQA. “CEQA” means the California Environmental Quality Act, beginning at Public Resources Code section 21000.
(e) Chief Engineer. “Chief engineer” means the person appointed by the board pursuant to Water Code section 8581 for that purpose.
(f) Conforming Existing Encroachment. “Conforming existing encroachment” means an existing facility or use that is consistent with these regulations.
(g) Crest Elevation. “Crest elevation” means the elevation of the top of a levee, dike, or dam.
(h) Department. “Department” means the Department of Water Resources of The Resources Agency of the State of California as provided in Water Code section 120.
(i) Designated Floodway. “Designated floodway” means either:
(1) the channel of the stream and that portion of the adjoining floodplain reasonably required to provide for the passage of a design flood, as indicated by floodway encroachment lines on an adopted map; or
(2) the floodway between existing levees as adopted by the board or the Legislature.
(j) Design Flood. “Design flood” means the flood against which protection is provided or may eventually be provided by means of flood protection or control works, or that flood which the board otherwise determines to be compatible with future developments.
(k) Design Flood Plane. “Design flood plane” means the water surface elevation at design flow as determined by the Army Corps of Engineers, the Board, or Federal Emergency Management Agency, or other higher elevations based upon best available information, as determined by the board.
(l) Dwelling. “Dwelling” means an improvement of real property used, intended to be used, or suitable to be used for residential purposes, including, but not limited to, living, sleeping, cooking, or eating.
(m) Encroachment. “Encroachment” means any obstruction or physical intrusion by construction of works or devices, planting or removal of vegetation, or by whatever means for any purpose, into any of the following:
(1) any flood control project works;
(2) the waterway area of the project;
(3) the area covered by an adopted plan of flood control; or
(4) any area outside the above limits, if the encroachment could affect any of the above.
(n) Floodway. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that convey flood waters.
(o) Floodway Encroachment Lines. “Floodway encroachment lines” means the exterior limits of any designated floodway.
(p) Executive Officer. “Executive Officer” means the person appointed by the board pursuant to Water Code section 8581 for that purpose.
(q) Impervious Material. “Impervious material” means soil which has twenty (20) percent or more of its particles passing the No. 200 sieve, a plasticity index of eight (8) or more, and a liquid limit of less than fifty percent (50%).
(r) Lawful existing encroachment. “Lawful existing encroachment,” as used in Water Code section 8709.4(a), shall mean an encroachment for which the board has previously issued a valid permit or otherwise authorized by written instrument approved by the board.
(s) Levee Section. “Levee section” means the physical levee structure from the landward toe to the waterward toe.
(t) Levee Toe. “Levee toe” means the point of intersection of the levee slope with natural ground.
(u) Low-Flow Channel. “Low-flow channel” means the flowage within a natural channel below top of bank.
(v) Maintenance Activities. “Maintenance activities” means any work required to retain or maintain the intended functions of flood control facilities and of existing encroachments. Maintenance activities include but are not limited to mowing, tree and brush trimming and removal, revetment restoration, rodent control, spraying, painting, coating, patching, burning, and similar works; but does not include any significant excavation or any excavation during flood season. Maintenance activities of public agencies to maintain the designated level of function of flood control facilities within their jurisdiction are authorized and defined by Water Code sections 8361, 8370 and 12642.
(w) Mobile Home. “Mobile home” means a structure transportable in one or more sections and includes any manufactured home, but does not include a recreational vehicle.
(x) Nonconforming Existing Encroachment. “Nonconforming existing encroachment” means an existing facility or use that is inconsistent with these regulations.
(y) Nonproject Works. “Nonproject works” means the entirety or any component of a flood control project within the board's jurisdiction that is neither project works nor designated floodways.
(z) Obstruction. “Obstruction” means any natural or artificial structure or matter which:
(1) may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water; or
(2) that is placed where the flow of water could carry it downstream to the damage or detriment of either life or property.
(aa) Parties. “Parties” means permit applicants, the board, protestants, and interested public agencies.
(bb) Permit. “Permit” means the approval issued by the board that approves a plan of work, with or without conditions, that results in an encroachment.
(cc) Permitted Uses. “Permitted uses” means flood control project works or other structures, improvements, and land uses in the floodway that alone or cumulatively, in the judgment of the board, will not unduly impede the free flow of water in a stream or jeopardize public safety.
(dd) Project Works. “Project works” means the entirety or any component of a flood control project within the area of the board's jurisdiction that has been approved or adopted by the board or the Legislature, including state or federally constructed levees, bank protection, weirs, pumping plants, and any other related flood control works, or rights-of-way.
(ee) Projected Levee Section. “Projected levee section” means the projection of the levee slope below natural ground at two (2) feet horizontal to one (1) foot vertical (2:1) landside and three (3) feet horizontal to one (1) foot vertical (3:1) waterside.
(ff) Recreational Vehicle. “Recreational vehicle” means any travel trailer, camp car, motor home, tent trailer, or other similar vehicle, with or without power, which is designed or used for human habitation and which may be moved upon a public highway, but does not include a mobile home.
(gg) Respondent. “Respondent” means the person named in an enforcement proceeding notice served and filed pursuant to Sections 20, 21, and 22 of this title.
(hh) Revetment. “Revetment” means a layer or layers of material, such as stone or concrete, to prevent soil erosion.
(ii) River Mile. “River mile” means the mile along the river channel indicated on a quandrangle map published by the United States Geological Survey or as otherwise indicated on a map adopted by the board.
(jj) State Plan of Flood Control. “State Plan of Flood Control” shall have the same meaning as defined in subdivisions (e) and (j) of section 5096.805 of the Public Resources Code, including the state and federal flood control works, lands, programs, plans, conditions, and mode of maintenance and operations of the Sacramento River Flood Control Project described in Section 8350 of the Water Code, and of flood control projects in the Sacramento River and San Joaquin River watersheds authorized pursuant to Article 2 (commencing with Section 12648) of Chapter 2 of Part 6 of Division 6 of the Water Code for which the board or the department has provided the assurances of nonfederal cooperation to the United States.
(kk) Stream. “Stream” means natural or regulated water flowing in any natural or artificial channel. Streams may be perennial, flowing continuously; intermittent or seasonal, flowing only at certain times of the year; or ephemeral, flowing only in direct response to precipitation.
(ll) Top of Bank. “Top of bank” means the point of intersection of the berm with the bank.
(mm) Toe of Bank. “Toe of bank” means the point of intersection of the bank with the bottom of the channel of a waterway.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8361, 8370, 8521, 8522, 8523, 8581, 8608, 8630, 8709 and 8710, Water Code; Section 65007, Government Code; and Section 5096.805, Public Resources Code.
HISTORY
1. Amendment of article 2 heading, new article 2 (sections 4 through 5) and renumbering and amendment of old section 46 to new section 4 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (a)(1), (a)(3)-(4) and (c) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment of subsection (p), new subsections (r) and (jj), subsection relettering and amendment of Note filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) For the purposes of this division, all permitting duties of the board, including but not limited to the review and approval of encroachment permit applications, are hereby delegated to the Executive Officer, with the exception of the following:
(1) Permits or other approvals that significantly affect any element of the State Plan of Flood Control or other adopted plan of flood control. Encroachments that do not significantly affect any element of the State Plan of Flood Control or other adopted plan of flood control are defined in subsection (b).
(2) Permits or other approvals for which the board has not received written comments from the U.S. Army Corps of Engineers pursuant to 33 C.F.R. section 208.10 or for which approval is required by the South Pacific Division or Headquarters of the U.S. Army Corps of Engineers, where the U.S. Army Corps of Engineers has jurisdiction.
(3) Permits or other approvals which may create, in the judgment of the Executive Officer or Chief Engineer, more than a de minimus hydraulic impact to an adopted plan of flood control, including, for example, an increase in water surface elevation, a reduction of adequate freeboard, inability to convey design discharge, alteration of flow velocities or directions, increased scour, or expansion of the geographical floodplain or floodway inundation.
(4) Permits or other approvals which may have, in the judgment of the Executive Officer or Chief Engineer, adverse geotechnical impacts to an adopted plan of flood control, including but not limited to increases in under seepage or through seepage, slope-stability issues, increased phreatic pressures, and static or dynamic loading that exceed recommended thresholds.
(5) Permits or other approvals for which a formal written protest has been filed pursuant to Section 12.
(6) Permits or other approvals which require a variance, as defined in Section 11.
(7) Permits or other approvals in which the maintaining agency has not endorsed the application pursuant to Section 7.
(8) Permits or other approvals which, in the judgment of the Executive Officer, may be controversial matters, based on substantial public concern, or for which the Executive Officer has received substantial negative public comment.
(9) Permits or other approvals which, in the judgment of the Executive Officer, may involve significant policy considerations.
(10) Permits or other approvals requiring the preparation of an environmental impact report by the board.
(11) Permits or other approvals involving residential developments, as defined in Section 113.
(12) Permits or other approvals involving surface mining except extensions of time for existing operations.
(b) Subject to subsection (a) the following types of encroachment permits, when in compliance with this division and the board's obligations to the U.S. Army Corps of Engineers, do not significantly affect any element of the State Plan of Flood Control or other adopted plan of flood control and are delegated to the Executive Officer for review and approval:
(1) Pipelines, conduits, and overhead utilities;
(2) Irrigation and drainage ditches;
(3) Septic systems;
(4) Retaining walls;
(5) Fences and gates;
(6) Private, non-commercial boating facilities;
(7) Water wells;
(8) Patrol roads and access ramps;
(9) Orchards, landscaping, and vegetation;
(10) Bicycle, pedestrian and equestrian trails;
(11) Stairs and steps;
(12) Replacement of an existing permitted encroachment without an increase in scope or size;
(13) Above ground encroachments installed more than ten (10) feet landward of the landside levee toe.
(c) For all encroachment permit applications delegated to the Executive Officer pursuant to subsections (a) and (b) above, a short summary of the project and the proposed action on the permit shall be posted on the board's website for thirty (30) calendar days prior to the decision. During this posting period the public may provide the Executive Officer with comments on the proposed action. The Executive Officer shall not be required to respond to such comments or change the proposed action based upon such comments.
(d) The Executive Officer shall make periodic reports to the board regarding encroachment permit applications acted upon pursuant to the delegated authority in subsection (a).
(e) The Executive Officer shall have authority to approve notices of exemption, initial studies and negative declarations, notices of preparation, requests for shortened review, and notices of determination prepared pursuant to CEQA. The Executive Officer may conduct public hearings on any matter identified in this subsection. The Executive Officer may distribute draft environmental impact reports.
(f) The Executive Officer may authorize or direct work and approve permits or other matters in response to emergencies or situations that present an imminent threat to public safety in accordance with Section 17.
(g) The board delegates to the Executive Officer the authority to take action to remove or modify encroachments on levees, channels, and other flood control works pursuant to Water Code section 8709.4(c) and the authority to issue Cease and Desist Orders pursuant to Water Code section 8709.5(a) in the manner described in article 4 of this division.
(h) The board may, by resolution or written agreement, delegate other duties and responsibilities to the Executive Officer, the Director of the department, or others, with the authority to redelegate.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8581, 8610.5 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of section and Note filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Article 2.5. Ex Parte Communications
§5.1. Ex Parte Communications.
Note • History
(a) Board members shall not participate in ex parte communications with any person or organization with an interest in board decisions who intends to influence the decision of a board member on a matter before the board, nor such person's or organization's representative, except that communications with a staff member of the board acting in his or her official capacity are excluded from this prohibition. If, however, an ex parte communication occurs, the board member shall notify the interested party that a full disclosure of the ex parte communication shall be entered in the board's record, as provided herein. “Interested party,” for purposes of this section, shall mean the person making the ex parte communication.
(b) “Ex parte communication” means any oral or written communication outside of a noticed board meeting concerning matters, other than purely procedural matters, regarding any of the following:
(1) An application for a permit that has been submitted to the board and has been determined to be complete by the Executive Officer;
(2) Enforcement actions, after the Executive Officer issues a notice of violation; and
(3) Any other quasi-judicial matter for which board action is required and after the matter has been placed on the board's agenda and notice of the meeting has been provided pursuant to Section 11125 of the Government Code.
It shall not mean quasi-legislative actions, including topics of general concern which are not related to a specific application, such as the adoption of an overall policy regarding flood protection or general policy concerns which may be raised at task force, subcommittee, or other meetings. After the board votes on a matter listed in this subsection and the thirty (30) calendar day time period for reconsideration pursuant to section 28 of these regulations has expired and no petition for reconsideration has been submitted, communications regarding the matter are no longer “ex parte communications.” “Ex parte communication” shall also not include communications related to lawsuits filed against the board, including, but not limited to, settlement discussions.
(c) “Procedural matters” include, but are not limited to, communications regarding the schedule, location, or format for hearings, filing dates, identity of parties, and other such non-substantive information.
(d) When the ex parte rules of this section attach, a board member may only take a field trip with a party to the matter or that party's representative to the site of a proposed project or a pending enforcement action if ten (10) calendar days' advance public notice is given stating the time, location, and intended scope of the field trip.
(e) If disclosure of an ex parte communication is required, such disclosure shall be made as follows:
(1) Any required disclosure under this section shall occur prior to the time that the board hears the matter that is the subject of the ex parte communication. If any disclosures have been made, either the board member receiving the ex parte communication or the Executive Officer shall state on the record prior to the board's vote on the matter that ex parte communications have been received. Upon request, the public shall be given an opportunity to review any such disclosure and provide public testimony regarding the disclosure prior to the board's vote.
(2) Compliance with the disclosure requirement regarding the receipt of a written ex parte communication shall be accomplished by having the recipient board member or the person who engaged in the communication with the board member send a copy of the written communication and any response to the communication to the Executive Officer for inclusion into the record of the matter that is the subject of the ex parte communication. “Written ex parte communication” shall mean a communication in any written form, including but not limited to electronic mail, handwritten note, or type-written document.
(3) Compliance with the disclosure requirement regarding the receipt of an oral ex parte communication shall be accomplished by having the recipient board member or the person who engaged in the communication with the board member submit a written request to the Executive Officer for inclusion of the communication into the record of the matter that is the subject of the ex parte communication. The written request to the Executive Officer may be by any written means, including, but not limited to, electronic mail. The oral summary and written request shall include the substance of the communication, any response by the recipient board member, and the identity of each person from whom the recipient board member received the communication.
(f) Once paragraph (e) is complied with, the communication ceases to be an ex parte communication.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8578, Water Code.
HISTORY
1. New article 2.5 (section 5.1) and section filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
2. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Article 3. Applications and Petitions
Note • History
(a) Every proposal or plan of work, including the placement, construction, reconstruction, removal, or abandonment of any landscaping, culvert, bridge, conduit, fence, projection, fill, embankment, building, structure, obstruction, encroachment or works of any kind, and including the planting, excavation, or removal of vegetation, and any repair or maintenance that involves cutting into the levee, wholly or in part within any area for which there is an adopted plan of flood control, must be approved by the board prior to commencement of work.
(b) Permits may be required by the board for existing structures that predate permitting or where it is necessary to establish the conditions normally imposed by permitting. The circumstances include those where responsibility for the encroachment has not been clearly established or ownership and use have been revised.
(c) Every proposal or plan of work described in subdivision (a), but located outside an area over which there is an adopted plan of flood control, must be submitted to the board for approval prior to commencement of work if it is foreseeable that the plan of work could be injurious to or interfere with the successful execution, functioning, or operation of any facilities of an adopted plan of flood control or of a plan under study. If in the judgment of the Executive Officer, the plan of work is determined to be injurious to or interfere with an adopted plan of flood control or of a plan under study, the plan of work would be subject to requirements of this division.
(d) Permits are not required for maintenance activities as defined in article 2, section 4 of this title.
(e) The Executive Officer may waive the requirement for a permit for minor alterations within an adopted plan of flood control that would not be injurious to the adopted plan of flood control.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
HISTORY
1. New article 3 (sections 6 through 19) and section, with renumbering and amendment of old section 95 to new section 6(c) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (c) and (e) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
§7. Endorsement by Maintaining Agency.
Note • History
(a) Prior to submitting an encroachment permit application to the board, the application must be endorsed by the agency responsible for maintenance of levees within the area of the proposed work, such as a reclamation district, drainage district, flood control district, levee district, state, county, or city. Endorsement or denial of the application by the maintaining agency does not preclude the board from either approving or denying the application. If endorsement by the maintaining agency is declined or is unreasonably delayed, the application may be submitted to the board for consideration, along with a satisfactory explanation for lack of an endorsement.
(b) For the purpose of this section “endorsement” means conceptual plan approval, which may include recommended permit conditions of the local maintaining agency.
(c) Applicants shall be advised by the board that permission for an encroachment may also be required from the local maintaining agency.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8370, 8708, 8710 and 12642, Water Code.
HISTORY
1. New section, including renumbering and amendment of old section 18 to new section 7(a) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of section heading and subsection (a) and repealer of subsection (d) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Note • History
(a) All applications for approval must be on forms provided by the board. The board provides a standard application for most projects. When available, a special joint permit application may be used by an applicant. Applications to the board must be typewritten or in legible handwriting in ink and signed by or on behalf of the applicant. Applicants must furnish copies of other material as may be needed by the board and its staff to adequately determine the exact nature of the proposed work and its effect upon any project facilities or adopted plan of flood control. Applications and all associated material must be filed in quadruplicate (4 copies) with the office of the board. A copy of the standard application form is found in Appendix A. Applicants should contact the board if their project is covered under a joint permit application form previously approved by the board.
(b) Information furnished to the board must include:
(1) A description of the proposed work, together with a statement of the dates the planned construction will be initiated and completed.
(2) A completed copy of the Environmental Assessment Questionnaire that accompanies the application form from the board (See Appendix A) and a copy of any draft and final environmental review document prepared for the project, such as an initial study, environmental assessment, negative declaration, notice of exemption, or environmental impact report. For any reasonably foreseeable significant environmental impacts, mitigation for such impacts shall be proposed.
(3) Complete plans and specifications showing the proposed work, including a location map showing the site of the work with relation to topographic features; a plan view of the area; and adequate cross sections through the area of the proposed work. The plans must be drawn to scale and refer to National Geodetic Vertical Datum (NGVD), or other known datum. The plans must also indicate any project features such as levees and/or channels, roads, or other structures, and must show river mile or levee mile references. The dimensions of any proposed or existing fills, excavations, and construction must be given.
(4) Additional information, such as geotechnical exploration, soil testing, hydraulic or sediment transport studies, biological surveys, environmental surveys and other analyses may be required at any time prior to board action on the application.
(5) The names and addresses of all landowners of the property on which the project is located and all landowners adjacent to the property on which the project is located.
(c) The Board may waive minor variations in an application.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 2090, Fish and Game Code; Sections 21080.3, 21104.2 and 21160, Public Resources Code; and Sections 8611, 8710 and 8730.3, Water Code.
HISTORY
1. Renumbering and amendment of old section 16 to new section 8 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of subsections (a) and (b)(5) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
§9. Acknowledgement of Receipt, Completeness of Applications, and Notice to Contiguous Landowners.
Note • History
(a) The board shall acknowledge receipt of all applications in writing within ten (10) working days of receipt.
(b) Within thirty (30) calendar days of receipt of an application, the board shall determine whether the application is complete and notify the applicant, or the applicant's agent, of its determination and any need for additional information.
(c) Applications shall be deemed received and complete either when the applicant supplies the requested additional information or, if no additional information is requested, thirty (30) calendar days after the receipt of the application by the board.
(d) Once the application is deemed complete, the board shall send a notice of the pending application and its content to each adjacent landowner identified by the applicant.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 65943, Government Code; and Sections 8710, 8730.1 and 8730.3, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) Each application shall be evaluated by an environmental review committee appointed by the Executive Officer, to review the environmental aspects of the application and to make recommendations with respect to compliance with the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”) and the CEQA Guidelines, Title 14, California Code of Regulations, section 15000 et seq. The recommendations may include proposals for mitigation to avoid significant effects on the environment.
(b) The board may charge and collect a reasonable fee from any person proposing a project for which the board must prepare an environmental impact report (“EIR”), initial study, or negative declaration. The fee will be an amount which will recover the costs incurred by the board and the department in preparing such EIR, initial study, and negative declaration. The board may charge and collect a deposit from the applicant for fees prior to undertaking environmental review. The deposit for these costs will include the cost of any consultants, staff time, and costs of printing established according to the formula contained in section 503 of this title which is incorporated by reference.
(c) The applicant shall provide the board and its authorized agents access to the area of the proposed work, upon request by the board or its authorized agents, for environmental, engineering or other purposes related to the board's review of the application.
NOTE
Authority cited: Section 21082, Public Resources Code; and Section 8571, Water Code. Reference: Sections 21082 and 21089, Public Resources Code; and Sections 8608 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Amendment of subsection (a) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) An application for an encroachment permit for a use that is not consistent with the board's standards as outlined in Article 8 requires a variance approved by the board.
(b) When approval of an encroachment requires a variance, the applicant must clearly state in the application why compliance with the board's standards is infeasible or not appropriate.
(c) The Executive Officer or Chief Engineer may grant temporary variances to allow work during the flood season (See Table 8.1).
(d) Where the Executive Officer finds in a particular situation that there is no legitimate reason for the application of one of the board's standards, the Executive Officer may waive any such standard for that situation.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
Protests to permit applications may be submitted by any interested party. For the purpose of the section, the term “interested party” means a party who has a legally recognizable private or public interest. Protests must be submitted in writing. Each protest must include:
(1) The name, address, and telephone number of the protestant;
(2) A clear statement of the protestant's objections; and
(3) An explanation of how the protestant will be adversely affected by the proposed project. Within ten (10) calendar days of receipt of a protest, the board shall mail a copy of the protest to the applicant. Protests must be based solely upon flood control concerns or, where the board is acting as lead agency under CEQA, environmental concerns.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8571 and 8710, Water Code; and Section 21092, Public Resources Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of subsection (3) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) Except where approval of permits has been delegated to the Executive Officer pursuant to section 5, an evidentiary hearing shall be held for any matter that requires the issuance of a permit.
(b) The requirement for an evidentiary hearing may be satisfied for permit applications by placing the matter on the board's consent calendar in accordance with Section 13.2.
(c) Evidentiary hearings shall be conducted pursuant to the procedures in Section 13.1.
(d) The applicant and other parties may request in writing that the board provide a copy of any document, not exempt from disclosure under the Public Records Act, beginning at Government Code section 6251, that is relevant to any proceeding. The board may charge a reasonable fee for each copy.
(e) The board may hold a hearing or a partial hearing at any place within the state on its own initiative or on the request of the applicant. All hearings must be open to the public. The board President may designate a hearing officer. The board may require the applicant to pay all overtime pay expenses incurred for any hearing not located in the County of Sacramento, if the hearing is moved from Sacramento at the request of the applicant.
(f) If the President designates a hearing officer, the hearing officer shall draft proposed findings and a proposed decision. The proposed findings and proposed decision, along with any evidence admitted at the hearing, shall be transmitted to the board as soon as reasonably possible following the hearing. The board shall consider the hearing officer's proposed findings and proposed decision at the next available board meeting following the hearing officer's proposed decision. The decision on the matter shall not become final until the board approves or rejects the hearing officer's proposed decision. The board's review of the hearing officer's proposed decision does not re-open the hearing and no new evidence shall be submitted unless allowed by the President.
(g) Written notice of the hearing shall be provided to the applicant at least ten (10) calendar days prior to the date of the hearing. The notice shall include the following:
(1) The name and number assigned to the application, if any;
(2) A description of the application and its proposed location;
(3) The date, time, and place at which the hearing will be held;
(4) A statement that the hearing will be governed by this Article, and that a copy of the governing procedures will be provided to the applicant upon request;
(5) A statement that Chapter 5 of the Administrative Procedure Act (commencing with section 11500) shall not apply to the proceeding; and
(6) A statement that if the applicant or any of the applicant's witnesses do not proficiently speak or understand English, the applicant may request language assistance by contacting the board and making such request within a reasonable amount of time prior to the hearing to allow appropriate arrangements to be made. The President or appointed hearing officer may direct the applicant to pay for the cost of the interpreter based upon an equitable consideration of all the circumstances of each case, such as the ability of the party in need of the interpreter to pay.
(h) Applicants shall be notified of the staff recommendations on the application at least seven (7) calendar days prior to the hearing, unless this period is waived by the applicant. Adjacent landowners shall also be notified of staff recommendations at least seven (7) calendar days prior to the hearing if they have responded in writing to the notice sent pursuant to section 9(b) of this article. Protestants shall be notified of the staff recommendations at least seven (7) calendar days prior to the hearing.
(i) Notice to an applicant's representative as designated on the completed permit application form shall constitute notice to the applicant.
(j) The board President or appointed hearing officer may implement additional administrative procedures for the conduct of hearings and related proceedings.
(k) For purposes of this section, minor alterations pursuant to section 6(e) and minor amendments to a previously issued permit shall not require an evidentiary hearing.
NOTE
Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Sections 6253, 11125 and 11425.10, Government Code; and Sections 8710, 8730.2, 8731, 8732, 8732.5, 8734 and 8735, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of section heading, section and Note filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment of subsections (a), (f), (g) and (h) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
§13.1. Conduct and Order of Evidentiary Hearing Proceedings.
Note • History
(a) It is the purpose of this section to incorporate and implement the informal hearing procedures and Administrative Adjudication Bill of Rights in Chapter 4.5 of the Administrative Procedure Act (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code to the extent consistent with the Water Code, which require notice and an opportunity to be heard, including the opportunity to present and rebut evidence. Chapter 5 of the Administrative Procedure Act (commencing with section 11500) does not apply to evidentiary hearings before the board or an appointed hearing officer.
(b) Evidentiary hearings shall be conducted in a manner deemed most suitable to ensure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unnecessary delay.
(c) Evidentiary hearings shall be held in open session. Unless the President or appointed hearing officer directs otherwise, the hearing shall proceed in the following order:
(1) The Executive Officer or his/her designee shall make a presentation to the board describing the application and summarizing the staff recommendation, including, for example, the proposed findings and written correspondence received prior to the hearing.
(2) The public testimony portion of the public hearing shall proceed in the following order:
(A) Persons or their representatives desiring to state their views on the application shall have the opportunity to do so as follows:
(i) The applicant;
(ii) Other persons supporting the application;
(iii) Persons opposing the application;
(iv) Other persons.
(B) The President or appointed hearing officer may allow rebuttal testimony by the applicant.
(C) The Executive Officer or his/her designee may respond to and comment, as appropriate, on the testimony presented by any previous speaker.
(3) The President or appointed hearing officer may close the public testimony portion of the hearing when a reasonable opportunity to present all questions and points of view has been allowed.
(4) Board members or the appointed hearing officer may ask questions at any time following any person's presentation.
(5) At the conclusion of the public testimony portion of the public hearing, the Executive Officer or his/her designee may propose to change the staff recommendation or the board may propose to add, delete, or modify the conditions contained in the staff recommendation. The applicant and the Executive Officer or his/her designee shall have an opportunity to comment on any proposed change.
(6) The board shall vote on a permit application in accordance with Water Code section 8560. In the case of an appointed hearing officer, the hearing officer shall act on the application.
(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of 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 which might make improper the admission of such evidence over objection in civil actions. The President or appointed hearing officer may take official notice of such facts as may be judicially noticed by the courts of this state. Unduly repetitious or irrelevant evidence shall be excluded upon order by the President or appointed hearing officer.
(e) The President or appointed hearing officer may establish reasonable time limits for presentations. The time limits shall be made known to all speakers prior to any hearing. The President or appointed hearing officer may require individuals to consolidate their comments to avoid repetition.
(f) In order for audio, visual, or audio-visual materials to be considered by the board, they must be submitted to staff in the course of review of the application or shown in full at the public hearing. The presentation of these materials shall occur within the time limit allocated to speakers.
(g) The applicant must submit all materials presented at the hearing to the Executive Officer or his/her designee for inclusion in the record of the proceeding. Any speaker who exhibits models or other large-sized materials as part of his or her presentation may satisfy this requirement by: (1) submitting accurate reproductions or photographs of the models or other large materials and (2) agreeing in writing to make such materials available to the board if necessary for any administrative or judicial proceeding. If written materials are submitted, the applicant shall bring a sufficient number of copies of all such materials to the hearing to allow members of the public to review the materials prior to the board's or hearing officer's decision.
(h) All decisions of the board relating to permit applications shall be accompanied by written conclusions setting forth the factual and legal basis of the decision based upon the record. The written conclusions shall include all elements identified in Water Code section 8610.5(c)(1)-(4).
(1) For purposes of this section, a resolution adopted by the board at the hearing shall be deemed to satisfy the requirement for written conclusions, including any modifications made to the resolution at the hearing.
(2) In addition, unless otherwise specified at the time of the vote, an action taken consistent with the staff recommendation shall be deemed to have been taken on the basis of, and to have adopted, the reasons, findings and conclusions set forth in the staff report, including any modifications made to the staff report at the hearing.
(i) If the board action is substantially different than that recommended in the staff report and/or the resolution, the board may direct staff to return at a subsequent board meeting with a revised resolution and/or proposed revised written conclusions that reflect the action of the board. Revised written conclusions may be placed on the consent calendar and do not re-open the hearing. Public comment is restricted to whether the revised written conclusions reflect the action of the board. Any proposed written conclusions shall only be effective if concurred in by at least four members of the board. Board members who were not present for the original vote may only vote on the revised written conclusions if they have familiarized themselves with the record of proceedings. If the board does not accept the revised resolution or proposed revised written conclusions submitted by the Executive Officer, the board can either make such changes as it determines are appropriate and adopt the findings at that meeting or direct the Executive Officer to prepare further proposed written conclusions and submit them to the board at the next meeting. The board's decision is deemed final at the time of the initial vote on the application, not the time that the revised written conclusions are adopted.
(j) If the applicant requests language assistance prior to the hearing, the board shall provide language assistance in accordance with Article 8 (commencing with Section 11435.05) of the Administrative Procedure Act. The President or appointed hearing officer may direct the applicant to pay for the cost of the interpreter. The determination whether to direct payment shall be based upon an equitable consideration of all the circumstances in each case, such as the ability of the applicant in need of the interpreter to pay. If the request for an interpreter is not made within a reasonable amount of time prior to the hearing to allow appropriate arrangements to be made, the hearing may be continued to a subsequent meeting and the applicant shall be deemed to have consented to such continuance.
(k) The board may vote to continue all or part of the hearing to a subsequent meeting. Notice of the subsequent hearing shall be distributed in accordance with Section 13 of these regulations. A continuance of part of a hearing does not reopen the entire hearing.
NOTE
Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Section 11425.10, Government Code; and Section 8610.5, Water Code.
HISTORY
1. New section filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Note • History
(a) Unless otherwise provided in this Article, the procedures set forth in Article 3 of these regulations pertaining to permit applications, including staff reports, staff recommendations, resolutions, and voting, shall apply to the consent calendar procedure.
(b) Any matter for which there are no speakers in opposition, including permit matters, may be placed on the board's consent calendar in accordance with Section 13.2, unless one of the following occurs to remove the item from the consent calendar:
(1) Upon request by the applicant, any member of the public, or any board member;
(2) When any interested party files a written protest conforming to the requirements of section 12 and requests a hearing;
(3) When approval requires a variance to the board's standards;
(4) Upon the board's own motion.
(c) All items included in the consent calendar shall be considered by the board in one action. Public testimony shall be deemed waived. If the item is not removed from the consent calendar and the consent calendar is approved, any recommended conditions contained in the staff report and resolution, if one is prepared, shall be deemed approved by the board.
(d) Consent calendar items shall only be voted on if the board accepts the staff recommendation as stated in the staff report with no substantial changes. Otherwise, the item must either be removed from the consent calendar for discussion and action at the same meeting or continued to a subsequent board meeting.
(e) If an item is removed from the consent calendar pursuant to (b) above, then the public shall have the right to present testimony and evidence in accordance with Section 13.1 of these regulations.
NOTE
Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Section 11425.10, Government Code; and Section 8610.5, Water Code.
HISTORY
1. New section filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Note • History
(a) The board shall act upon applications within the following time limits:
(1) When the board is the lead agency pursuant to CEQA and an environmental impact report is prepared, it shall approve or disapprove a project within six months from the date of the certification of the environmental impact report.
(2) When the board is the lead agency and a negative declaration is adopted or if the project is exempt from CEQA, the board shall approve or disapprove a project within three months from the date of the adoption of the negative declaration.
(3) When the board is a responsible agency for a project that has been approved by the lead agency, it shall either approve or disapprove the project within whichever is the longer:
(A) Within one-hundred-eighty (180) calendar days of the date on which the lead agency has approved the project; or
(B) Within one-hundred-eighty (180) calendar days of the date on which the application is deemed complete.
(b) Applicants may waive the requirement that applications be acted upon within such periods. Waivers must be in writing or expressed on the record at a hearing.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 65950 and 65952, Government Code; and Section 8730.1, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of subsections (a)(3)(A)-(B) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
§15. Bases for Denial of Permit Applications.
Note • History
The board may deny a permit for any of the following reasons:
(a) If the proposed work could:
(1) Jeopardize directly or indirectly the physical integrity of levees or other works;
(2) Obstruct, divert, redirect, or raise the surface level of design floods or flows, or the lesser flows for which protection is provided;
(3) Cause significant adverse changes in water velocity or flow regimen;
(4) Impair the inspection of floodways or project works;
(5) Interfere with the maintenance of floodways or project works;
(6) Interfere with the ability to engage in floodfighting, patrolling, or other flood emergency activities;
(7) Increase the damaging effects of flood flows; or
(8) Be injurious to, or interfere with, the successful execution, functioning, or operation of any adopted plan of flood control.
(9) Adversely affect the State Plan of Flood Control, as defined in the Water Code.
(b) When the board is the lead agency under CEQA, and the proposed encroachment could result in potential and unmitigated significant environmental effects, including cumulative environmental effects.
(c) When the board is a responsible agency under CEQA, and the CEQA document is inadequate.
(d) If the applicant fails to supply information deemed necessary by the board for application purposes, including the names of all adjacent landowners.
(e) If the proposed work does not meet board standards contained in article 8.
(f) If there has been a failure by the applicant (or persons associated with the applicant through an agreement or agency relationship) to substantially comply with permit conditions on prior related permits or if there has been work performed without a permit and that work is not the subject of the pending permit application where the applicant has not supplied reasonable and convincing assurances that compliance with the board's regulations will be achieved.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 65943, Government Code; Sections 21002 and 21081, Public Resources Code; Sections 8608, 8610.5, 8710 and 8723, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of section heading, new subsection (a)(9) and amendment of Note filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Note • History
(a) Any board permit may include and be subject to such reasonable conditions as deemed appropriate by the board, and may include mitigation for effects of the approved activity on the environment.
(b) The permit may require inspection by the board, its officers, or staff before, during, and after construction, and at regular intervals thereafter. The board may charge and collect a reasonable fee from an applicant to recover inspection costs, including staff or consultant time and expenses.
(c) The permit may require a reporting and monitoring program for any mitigation required by the board to avoid significant effects on the environment.
(d) The permit may require the filing with the board of reports and data, including a description of all work done under the approved application. The board may also request in writing at any time any reports or data, even if not expressly stated in a condition to the decision.
(e) The permit shall require that all of the work must be in accordance with the submitted drawings and specifications and accomplished in a professional manner.
(f) The permit may require the owner of an encroachment, or the owner of real property upon which the encroachment is located, to execute and cause to be recorded a document which imposes a covenant, restriction, servitude, or combination thereof, which runs with the land and binds all owners, heirs, successors, lessees, agents, and assigns, and would be enforceable by the board or its successor. This requirement may be imposed where there are particular concerns about permit compliance, such as where there may have been previous permit violations by the applicant or where record notice to successors-in-interest to the applicant or landowner is deemed appropriate.
(g) The permit may require the applicant to provide notice of the continuing flood threat to occupants and potential occupants of property subject to flood risk.
(h) The permit may require additional conditions requested by the Corps and the local maintaining agency.
(i) The permit shall require exercise of reasonable care to operate and maintain any work authorized by the permit to prevent injury or damage to any works necessary to any adopted plan of flood control, or interference with the successful execution, functioning, or operation of any present adopted plan of flood control or future plan. The permittee shall maintain the permitted encroachment and the project works within the utilized area in the manner required by the authorized representative of the department or any other agency responsible for flood control maintenance.
(j) The permit may require the permittee to be responsible for all personal liability and property damage which may arise out of permittee's actions or failure to perform the obligations of the permit. The permittee shall agree to save and hold the state free and harmless from, and to defend and indemnify the state against, any and all claims and liability, including but not limited to, personal injury or property damage arising or claimed to arise, directly or indirectly, from the uses of land pursuant to the permit. The permittee shall agree to release the state from responsibility or liability for any damages that may be caused to the encroachment by operation of the flood control project or from the releases of water from storage reservoirs. The permittee shall also agree to be precluded from receiving state disaster assistance for flood damage to the permitted works, except as provided by a flood insurance policy.
(k) The permit may require that if the work covered by the permit is not commenced within one year after the issuance of the permit, the board may revoke the permit or change any condition in the permit as may be consistent with current flood control standards and policies of the board.
(l) The permit may provide that commencement of work under a permit constitutes an acceptance of the conditions of the permit.
(m) If any of the work does not conform to the conditions of the permit, the permittee, upon the order of the Executive Officer or Chief Engineer, shall, in the manner prescribed, be responsible for the cost and expense to remove, alter, relocate, or reconstruct all or any part of the work.
(n) The permit may require the permittee, at permittee's cost and expense, to remove, alter, relocate, or reconstruct all or any part of the permitted work if the removal, alteration, relocation, or reconstruction is necessary under or in conjunction with any present or future flood control plan or if damaged by any cause.
(o) The permit may require the permittee to mitigate for the hydraulic impacts of the permitted works by reducing or eliminating the additional flood risk to third parties created by the permitted works.
(p) Liability insurance may be required to be provided naming the State and the local maintaining agency performing flood control maintenance as additional insureds.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 21002, 21081 and 21081.6, Public Resources Code; Sections 8608 and 8710, Water Code; Title 33, Code of Federal Regulations, Section 208.10.
HISTORY
1. Repealer of article 3 heading, renumbering and amendment of old section 16 to new section 8, and new section 16, including renumbering of old section 22 to new section 16(d) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Amendment of subsection (m) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) Any existing levee, conforming existing encroachment, or permitted encroachment may be protected or strengthened in case of emergency during flood season, as specified in section 112, where there is imminent danger of injury to persons, loss of life, or destruction of property.
(b) Any person conducting emergency work shall immediately notify the local maintaining agency and the board through the Executive Officer or Chief Engineer.
(c) For the purpose of this section, the term “emergency” includes any lawfully declared emergency, or any circumstance determined to be an emergency by the Executive Officer or Chief Engineer.
(d) In an emergency, the Executive Officer may issue a temporary permit. A completed application with proper plans, cross sections, completed environmental assessment questionnaire, and any other necessary information required by section 8 of this article must be submitted to the board within thirty (30) calendar days following the date of the commencement of emergency work.
(e) All emergency work is subject to subsequent approval of the board, and the board may require its removal or alteration if not approved.
(f) The board or the Executive Officer may impose reasonable conditions, pursuant to section 16, on its approval of any emergency work.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8715, 8716, 8717 and 8718, Water Code.
HISTORY
1. Renumbering and amendment of old section 17 to new section 19 and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) Any plan of work approved by the board may be changed or altered only with the consent of the board prior to the time of commencement or during progress of the work. A request for an amendment to a plan of work must be in the same form as an original application or in a form acceptable to the Chief Engineer.
(b) Minor, insubstantial changes may be made in plans without the submission of a written request for an amendment; however, the permittee shall first notify the Chief Engineer of any change before commencing work on any changed work. A minor, insubstantial change must be one that is essentially consistent with the application or permit, consistent with board standards, and does not pose a threat to the adopted plan of flood control. The board reserves the right to require the applicant to file a written request for an amendment.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8721, Water Code.
HISTORY
1. Renumbering and amendment of old section 18 to new section 7(a) and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
Note • History
No encroachment may be constructed or maintained upon lands owned in fee by the Sacramento and San Joaquin Drainage District, except when expressly permitted by a proper and revocable license, lease, easement, or agreement executed between the owner of the encroachment and the district, and upon payment to the district of its expenses and adequate rental or compensation therefor. This requirement is in addition to the need for a permit as required in section 6 of this article.
NOTE
Authority cited: Section 8608, Water Code. Reference: Sections 8504, 8598, 8708 and 8709, Water Code.
HISTORY
1. Renumbering of old section 17 to new section 19 and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
Article 4. Enforcement Actions
Note • History
(a) The board has authority pursuant to Water Code section 8710 to require permits and enforce standards for the erection, maintenance, and operation of levees, channels, and other flood control works within its jurisdiction, including, but not limited to, standards for encroachments, construction, vegetation, and erosion control measures. In addition, the board has enforcement authority under Water Code sections 8709.5 and 8709.6 to issue Cease and Desist Orders, the violation of which may subject the violator to fines or penalties pursuant to Water Code section 8709.7.
(b) Examples of enforcement actions available to the board include administrative and civil actions, such as the following:
(1) Notice of Violation;
(2) Cease and Desist Order;
(3) Restoration Order;
(4) Permit revocation;
(5) The commencement of a civil lawsuit, including civil penalties.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8615, 8617, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8710 and 8719, Water Code.
HISTORY
1. New article 4 (sections 20 through 22) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Amendment of article heading, repealer of former article 4 (sections 20-22) and new article 4 (sections 20-27) and section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) In the performance of maintenance activities as defined in section 4(u), the department, local maintaining agency, or designated representatives of the board may remove unpermitted abandoned property that interferes with maintenance or inspections after notification by the Executive Officer as described in subsection (b).
(b) Prior to any removal allowed under (a), the Executive Officer shall notify the landowner or owner of the unpermitted abandoned property by one of the following methods: in person, phone, e-mail, or U.S. mail. If the landowner or owner of the abandoned property cannot be located after reasonable efforts, a notice may be posted on the property for a minimum of five (5) calendar days prior to removal. The posted notice shall be clearly visible, shall provide a board contact name, phone number, e-mail address, and mailing address, and shall state that the owner may contact the board to object to such removal. The notice shall also state the date by which removal will occur if no objection is made.
(c) If a timely objection is made, no removal shall take place until the Executive Officer has provided the objector a reasonable opportunity to present reasons why the items should not be removed. The Executive Officer shall provide a written decision, which may be reviewed by the board pursuant to section 110.
(d) For purposes of this section, “abandoned property” shall mean any structure, material, or object that appears to a reasonable person to have been discarded, cast aside, dumped, neglected, vacated, or left unoccupied. Examples of abandoned property may include, but are not limited to, the following: refuse, vegetation, or structures such as stairs, fences, or boat docks that have fallen into a state of disrepair.
(e) Nothing in this section is intended to remove any authority already vested in the department or any local maintaining entity in the performance of maintenance activities.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8615, 8617, 8704, 8708, 8709, 8709.4, 8710 and 8719, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25.
2. Repealer and new section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
§22. Emergency Impairment Response Authority.
Note • History
(a) In addition to the emergency authority in section 17, the Executive Officer is delegated the authority to authorize or order the removal or modification of permitted or unpermitted encroachments on levees, channels, and other flood control works that present an imminent threat to public health and safety without prior notice, order, or hearing.
(b) The Executive Officer shall attempt to give the landowner or owner of the encroachment prior notice when possible, and shall only take such actions as are reasonably necessary to abate the immediate threat to public health and safety.
(c) The Executive Officer shall report any action taken pursuant to this section to the board at the first reasonably available opportunity.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8710 and 8719, Water Code.
HISTORY
1. Renumbering of old section 22 to new section 16(d) and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Repealer and new section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) An enforcement investigation may be conducted when board staff is aware of activities that may impair the flood control system, or any activity that may constitute a violation pursuant to subsection (b). An enforcement investigation may include, but is not limited to, document review, site visits, interviews, and public agency input to determine if violations under the jurisdiction of the board exist.
(b) If the Executive Officer believes that the results of an enforcement investigation so warrant, the Executive Officer may institute an administrative enforcement action pursuant to Water Code section 8709.5 by giving a Notice of Violation to the landowner, person, or public agency (referred to hereafter as the “respondent”) that is responsible for any activity described in Water Code section 8709.5(a), including but not limited to, the following:
(1) Undertaking or threatening to undertake any activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board;
(2) Owning, undertaking, or maintaining any work in violation of or inconsistent with any condition of any permit previously issued by or subject to the jurisdiction of the board; or
(3) Any violation of any requirement in Part 4 of Division 5 of the Water Code, including but not limited to:
(A) Owning, undertaking, or maintaining any work that requires a permit or other approval from the board without securing such permit or approval;
(B) Owning, undertaking, or maintaining any work in violation of Title 23, Division 1 of the California Code of Regulations; or
(C) Owning, undertaking, or maintaining any work that is inconsistent with applicable federal regulations where the board has signed assurances with the U.S. Army Corps of Engineers that it will comply with such regulations.
(c) The Notice of Violation shall be given in the manner set forth in Water Code section 8709.5(b) and shall state:
(1) A description of the work subject to enforcement;
(2) Any corrective action that the Executive Officer determines may be necessary to avoid an unreasonable impact on public safety. “Unreasonable impact on public safety” shall mean as defined in subsection (d), below;
(3) The deadline to complete corrective action or otherwise respond to the notice;
(4) Staff contact name, address, and phone number; and
(5) A statement alerting the respondent that the described work or activity shall immediately cease or the respondent may receive a Cease and Desist Order, the violation of which may subject the respondent to fines or penalties.
(d) File copies of the written confirmation or notice shall be provided to the local levee maintaining agency and the levee inspector. Failure to provide copies of the notice to the local maintaining agency and the levee inspector shall not be grounds for invalidating the Notice of Violation.
(e) “Unreasonable impact on public safety” shall mean a threat of structural failure of the levee, flooding, channel obstructions, floating debris which may constitute a public safety risk, or other adverse impact on any adopted plan of flood control. Conditions imposed in the Notice of Violation or Cease and Desist Order that are necessary to avoid an unreasonable impact on public safety may include, for example, removal of the encroachment, the addition of fill material, the erection of barricades, and/or the compliance with board standards and permit conditions.
(f) Upon request by the respondent, the Executive Officer or designee shall conduct a meeting or an inspection to determine if actions taken by the respondent are in compliance with a Notice of Violation. If the Executive Officer or designee determines that no further action is necessary or appropriate, the respondent shall be notified that the file is closed.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8710 and 8719, Water Code.
HISTORY
1. New article 4.1 (section 23) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
2. Renumbering of former section 23 (formerly within article 4.1) to section 28 and new section 23 filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
§24. Cease and Desist Orders Issued by the Executive Officer.
Note • History
(a) The Executive Officer may issue a Cease and Desist Order pursuant to Water Code section 8709.5 if the Executive Officer determines that any of the criteria of section 23(b) have been met and the respondent fails to respond to the Notice of Violation in a satisfactory manner.
(b) “Satisfactory manner,” as used in Water Code section 8709.5(b), shall mean a response which is made in the manner and within the deadline for compliance specified in the Notice of Violation, or within thirty (30) calendar days if no deadline is given, and that meets the following:
(1) Provides information sufficient to convince the Executive Officer that the activity specified in the notice does not meet the criteria of section 23(b);
(2) Provides information sufficient to convince the Executive Officer that the person or agency to whom the notice was directed is not the landowner and/or is not responsible for the violation; or
(3) Provides information sufficient to convince the Executive Officer that the respondent has complied with all conditions and directives of the Notice of Violation and that no further action is necessary or appropriate.
(c) The Cease and Desist Order shall specify the action that must be taken by the respondent, if any, which may include, but is not limited to:
(1) Removal of the work;
(2) Alteration of the work;
(3) Filing an application for a permit pursuant to this division;
(4) Other terms and conditions the Executive Officer may determine to be necessary to avoid an unreasonable impact on public safety, as defined in section 23, above, including but not limited to inspection by the board or its authorized representatives;
(5) An order that if the respondent does not comply with the decision within a specified amount of time, the board, local maintaining agency, authorized representatives of the board, or a contractor hired by the board may take abatement actions, such as physical removal, and the board may recover any costs incurred from the respondent;
(6) An order requiring the respondent to file data as requested by the board or its authorized representatives.
(d) Pursuant to Water Code section 8709.5, the Executive Officer does not have the authority to issue a Cease and Desist Order that does the following:
(1) Imposes conditions other than those necessary to avoid an unreasonable impact on public safety, as defined in section 23, above. If the order contains any valid conditions, the order and all valid conditions shall remain in full force and effect.
(2) Revokes a previously issued permit. Revocation hearings shall comply with the procedures in section 26.
(3) Requires restoration. The term “restoration,” as used in Water Code section 8709.6(d), means work in excess of that required to eliminate an unreasonable impact on public safety as defined in section 23, above, including, for example, work to re-establish an area to the condition it was in prior to the installation of an encroachment or other work. The term “restoration” shall also include environmental restoration work to re-create habitat lost by the construction of the encroachment. If restoration is required, only the board may issue a Cease and Desist Order after a public hearing pursuant to section 25.
(e) The Cease and Desist Order shall be effective immediately upon its issuance and copies shall be served by certified mail as set forth in Water Code section 8709.5(d). “Immediately,” as used in Water Code section 8709.5(d), shall mean the Cease and Desist Order shall be served as soon as reasonably possible, but no later than two (2) working days after issuance.
(f) The Cease and Desist Order shall state that the respondent has a right to an appeal hearing in accordance with section 25. The respondent may appeal by submitting a written protest within thirty (30) calendar days in accordance with section 110. The order remains in full force and effect during the pendency of any appeal.
(g) The respondent may request an inspection to determine if the actions taken by the respondent are in compliance with a Cease and Desist Order issued by the Executive Officer. If the Executive Officer determines that no further action is necessary or appropriate, the respondent shall be notified that the enforcement action is closed.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8710 and 8719, Water Code.
HISTORY
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
§25. Cease and Desist Order Board Hearing Procedures.
Note • History
(a) If the Executive Officer believes that the results of an enforcement investigation so warrant, the Executive Officer may schedule a Cease and Desist Order hearing before the board pursuant to Water Code sections 8709.5 and 8709.6 for any of the reasons stated in section 23(b). The Executive Officer shall issue a Notice of Violation pursuant to section 23 prior to scheduling a Cease and Desist Order hearing before the board.
(b) Cease and Desist Order hearings shall be conducted pursuant to the evidentiary hearing procedures described in subsections (c)-(g) and (j) of section 13 and section 13.1 of these regulations with the following changes:
(1) The “applicant” shall be referred to as the “respondent”.
(2) The “application” shall be referred to as the “enforcement action”.
(3) Notice of the hearing shall be served on the respondent by certified mail or hand delivery at least thirty (30) calendar days prior to the hearing. The notice shall contain all the information required by section 13(g), as well as describe the violation and identify any statute(s) or regulation(s) the respondent is alleged to have violated.
(4) The Executive Officer shall provide the respondent with a copy of the staff report, along with any proposed resolution or proposed order, as applicable, at least twenty (20) calendar days prior to the hearing. The respondent may submit a written statement of defense to the Executive Officer at least fifteen (15) calendar days prior to the hearing.
(5) If the board President appoints a hearing officer, the hearing officer shall be a board member. A hearing may also be held by a partial committee of the board appointed by the board President. If the hearing is held by a partial committee of the board, the committee shall also follow the hearing officer procedures in section 13(f).
(6) If the hearing is held before a hearing officer or partial committee of the board, the hearing officer or committee shall prepare the proposed order and proposed decision required by section 13(f) within thirty (30) calendar days of the conclusion of the hearing. The respondent shall be provided with a copy of the proposed order and proposed decision at least ten (10) calendar days prior to the board's consideration of the proposed decision.
(7) The written conclusions required by section 13.1(h) need not include a discussion of the elements identified in Water Code section 8610.5(c)(1)-(4).
(8) Cross-examination shall not be allowed unless deemed appropriate by the President or appointed hearing officer.
(9) At the conclusion of the hearing, to comply with the requirement in section 13.1(h) that the board adopt written findings, the board may do any the following;
(A) Immediately adopt all or part of the staff report, enforcement notice, or order;
(B) Make such changes to the staff report, enforcement notice, or order as it deems appropriate for immediate adoption; or
(C) The board President may direct a board member, along with board legal counsel and independent support staff, to draft a proposed decision and order for adoption by the board at a subsequent meeting pursuant to section 13.1(i). The respondent shall be provided with a copy of the proposed decision and order at least ten (10) calendar days prior to the board's consideration of the proposed decision. The Board's consideration of a proposed decision at a subsequent meeting does not re-open the hearing and no new evidence will be permitted unless allowed by the board President. However, all parties shall be given an opportunity to present argument related to the proposed decision.
(10) The board decision shall include an order specifying the action that must be taken by the respondent, if any, which may include, but is not limited to:
(A) Removal of the work;
(B) Alteration of the work;
(C) A restoration order;
(D) Implementation of environmental mitigation;
(E) Filing an application for a permit pursuant to this division;
(F) Other terms and conditions the board may determine to be necessary, including but not limited to, inspection by the board or its authorized representatives;
(G) An order that if the respondent does not comply with the decision within a specified amount of time, the board, local maintaining agency, authorized representatives of the board, or a contractor hired by the board may take abatement actions, such as physical removal, and the board may recover any costs incurred from the respondent;
(H) An order requiring the respondent to file data as requested by the board or its authorized representatives.
NOTE
Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Sections 6253, 11125 and 11425.10, Government Code; and Sections 8534, 8560, 8596, 8598, 8608, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8710 and 8719, Water Code.
HISTORY
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
(a) A previously issued permit or approval may be revoked or modified for any of the following reasons:
(1) The permit or approval was obtained by misrepresentation or fraud;
(2) The permit or approval was approved or issued in error;
(3) One or more of the conditions of the permit or approval have not been satisfied or have been violated;
(4) One or more of the conditions of the permit or approval anticipate revocation if certain terms are met, and those terms have been met;
(5) The activity permitted by the permit or approval violates an applicable statute, law, or regulation, including but not limited to federal regulations;
(6) The activity permitted by the permit or approval is detrimental to the public health, safety, or welfare or interferes with the successful execution, functioning or operation of any flood control system feature; or
(7) The activity permitted by the permit or approval constitutes a public nuisance as defined by statute or law.
(b) The permittee shall be given fifteen (15) days prior notice by certified mail or hand delivery of a revocation hearing before the board, unless waived in writing.
(c) The board shall follow the hearing procedures in section 25(b), above, for permit revocation hearings.
(d) In addition to the notice requirements of section 25(b)(3), the notice shall describe any permit condition(s) that are the subject of the revocation hearing.
(e) The board may hold a single hearing to consider revocation and a Cease and Desist Order.
NOTE
Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Sections 6253, 11125 and 11425.10, Government Code; and Sections 8534, 8560, 8596, 8598, 8608, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8710 and 8719, Water Code.
HISTORY
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
§27. Nuisance and Civil Penalty Provisions.
Note • History
The Water Code authorizes the board to commence and maintain a civil suit in the name of the people of the State at any time for the prevention or abatement of public nuisances, as well as to seek civil penalties for violations. A summary of the amount of potential civil penalties is set forth in Water Code section 8709.7. Examples of the penalties for some violations are as follows:
Embedded Graphic 23.0001
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8534, 8596, 8598, 8608, 8704, 8708, 8709, 8709.4, 8709.5, 8709.6, 8709.7, 8710 and 8719, Water Code.
HISTORY
1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Article 4.1. Reconsideration
Note • History
(a) No later than thirty (30) calendar days after adoption by the board of a decision or order, any interested person affected by the decision or order may petition the board for reconsideration of the matter based on any of the following reasons:
(1) Irregularity in the proceeding, or any ruling, or abuse of discretion which prevented a fair hearing;
(2) The decision or order is not supported by substantial evidence;
(3) There is relevant evidence, which could not have reasonably been produced previously; or
(4) Error in law.
(b) The petition for reconsideration shall be in writing and contain the following:
(1) Name and address of petitioner;
(2) The specific action of which petitioner requests reconsideration;
(3) The specific reason the action was inappropriate or improper;
(4) The specific action which the petitioner requests;
(5) A statement that copies of the petition and accompanying material have been sent to all interested parties.
(c) The board, in its sole discretion, may:
(1) Refuse to reconsider the decision or order;
(2) Deny the petition upon finding that the decision or order was proper;
(3) Set aside or modify the decision or order; or
(4) Take other appropriate action.
(d) Any order or decision subject to reconsideration remains in full force and effect during the pendency of the petition for reconsideration.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8598, 8608 and 8710, Water Code.
HISTORY
1. Renumbering and amendment of former section 23 to new section 28 filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Article 5. Designated Floodways
§101. Responsibility of the Board.
Note • History
The board, after appropriate studies have been made, shall delineate on an aerial mosaic or map, the proposed designated floodway and the floodway encroachment lines. The board shall further determine allowable uses in the designated floodway pursuant to Section 107.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8609, Water Code.
HISTORY
1. New article 5 (sections 101 through 107), renumbering of old section 55 to new section 101, removal of articles 6 through 11 and removal of chapter 1.1, articles 1 through 3. Renumbering of old section 46 to new section 4, old section 56 to new section 102, old section 65 to new section 103, old section 67 to new section 104, old section 68 to new section 105, old section 69 to new section 106, old sections 75 and 76 to new section 107, old sections 85 and 86 to new section 108, old section 95 to new section 6(c), old section 150 to new section 109, and old section 152 to new section 110, filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§102. Considerations in Designating Floodways.
Note • History
In proposing and revising designated floodways, the board must consider all of the following:
(a) Existing and projected federal, state, and local flood control improvements and regulations affecting the flood plain;
(b) The degree of danger from flooding to life, property, public health and welfare; and
(c) The rate and type of development taking place upon the flood plain.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8609, Water Code.
HISTORY
1. Renumbering and amendment of old section 56 to new section 102 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note • History
The board shall notify local interested parties, thirty (30) calendar days prior to any hearing or hearings on designated floodways and floodway encroachment lines, by notice published at least twice in a newspaper of general circulation in the affected area. Hearings must be held in areas convenient to the majority of interested parties. The board shall hold one hearing prior to initiation of the study and at least one hearing after the study has been completed but prior to adoption.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8609, Water Code.
HISTORY
1. Renumbering and amendment of old section 65 to new section 103 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
After a designated floodway and the floodway encroachment lines are adopted by the board, an aerial mosaic or map showing the designated floodway and the floodway encroachment lines shall be transmitted to the appropriate county or counties for recording.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8609, Water Code.
HISTORY
1. Renumbering and amendment of old section 67 to new section 104 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note • History
The board shall furnish a copy of the map or maps showing the limits of the designated floodway to the county engineer, the county planning department, and other interested parties.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8609, Water Code.
HISTORY
1. Renumbering and amendment of old section 68 to new section 105 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 72, No. 14.
Note • History
If, after the adoption of the designated floodway and floodway encroachment lines, the board determines that conditions have changed sufficiently to necessitate altering the lines, the board may, at any regularly noticed meeting, make modifications to the designated floodway as it deems to be appropriate.
NOTE
Authority cited: Section 8571, Water Code. Reference: Section 8609, Water Code.
HISTORY
1. Renumbering and amendment of old section 69 to new section 106 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 72, No. 14.
§107. Permitted Uses in Designated Floodways.
Note • History
The following uses may be permitted in the designated floodway so long as alone or cumulatively, in the judgment of the board, they will not unduly impede the free flow of water in the floodway or jeopardize public safety:
(a) Open space uses not requiring a closed building, such as agricultural croplands, orchards, livestock feeding and grazing, or public and private recreation areas.
(b) Fences, fills, walls, or other appurtenances which do not create an obstruction or debris-catching obstacle to the passage of floodwaters.
(c) Storage yards for equipment and material, if the equipment and material can be either securely anchored or removed upon notice.
(d) Railroads, streets, bridges, and public utility wires and pipelines for transmission and local distribution.
(e) Commercial excavation of materials from pits, strips, or pools provided that no stockpiling of materials, products, or overburden creates an obstruction to the passage of flood flows.
(f) Improvements in stream channel alignment, cross-section, and capacity.
(g) Structures that are designed to have a minimum effect upon the flow of water and are firmly anchored to prevent the structure from flotation, provided that normally no structures for human habitation will be permitted.
(h) Recreational vehicles and related service facilities that are either floodproofed or are removed during the flood season of the particular stream involved.
(i) Other uses which are not appreciably damaged by floodwaters.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
HISTORY
1. Renumbering and amendment of old sections 75 and 76 to new section 107 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 72, No. 14 and Register 73, No. 34.
Article 6. Existing Encroachments Within an Adopted Plan of Flood Control
Note • History
(a) Upon adoption of a plan of flood control, an existing facility or use shall be allowed to continue as provided below:
(1) A permit or order shall be automatically issued for all conforming existing facilities and uses. The facility or use may not be changed, extended, or expanded without a new application to and approval by the board. If the facility is abandoned, it shall be removed at the expense of the owner and not replaced.
(2) Nonconforming existing encroachments that do not have a major detrimental impact shall be allowed to continue under a permit or order until abandoned or until they are destroyed or damaged, by any cause, to the cumulative extent of more than fifty (50) percent of their market value or their physical usefulness during any 10-year period. The facility or use may not be changed, extended, or expanded without a new application to and approval of the board. If the facility is abandoned, it shall be removed at the expense of the owner and not replaced.
(3) Nonconforming existing encroachments that have a major detrimental impact shall be removed, abandoned, or suitably modified at no cost to the owner, if they have been in existence prior to the adoption or authorization of a project by the United States or prior to the adoption or authorization of a plan of flood control by the state.
(4) Nonconforming existing facilities or uses that have a major detrimental impact on the adopted plan of flood control and which were not in existence at the time of adoption of the plan of flood control shall be removed, abandoned, or suitably modified as directed by the board, all at the expense of the owner, and within a period of time specified by the board.
(b) The board shall make the final determination as to whether the facility or use has or has not a major detrimental impact within the adopted plan of flood control or on project facilities, and shall advise the owner of the facility or use of any action required.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
HISTORY
1. New article 6 (section 108) and renumbering and amendment of old sections 85 and 86 to new section 108 and new section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 69, No. 25. For prior history, see Register 72, No. 14.
Article 7. Review Rights
§109. Right of Review of Delegated Authority.
Note • History
Any person or public agency having an interest in a decision made by the Director of the department or the Executive Officer of the board pursuant to any delegation by the board, including those delegations in Section 5 and any other delegation of authority has the right to review by the board in accordance with the requirements of section 12. Adversely affected persons have the right to present arguments to the board in person or by a designated representative at a regularly scheduled board meeting in accordance with section 110.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
HISTORY
1. New article 7 (sections 109 through 110) and renumbering and amendment of old section 150 to new section 109 filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Register 78, No. 3.
2. Amendment filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Note • History
A person or public agency adversely affected by a decision described in section 109 is entitled to board review at a regularly scheduled meeting of the board after receipt of a written request directed to the Executive Officer of the board stating the facts and circumstances upon which the request is based, provided the request complies with the requirements of section 12. If a petition for reconsideration is not submitted within the time limits specified in section 23, the decision of the board is final.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8609 and 8710, Water Code.
HISTORY
1. Renumbering and amendment of old section 152 to new section 110 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Article 8. Standards
§111. Introduction to Standards.
Note • History
These standards govern the design and construction of encroachments which affect the flood control works and floodways and are used by the board for the regulation of encroachments. The standards apply to any work within the limits of, or which can affect, any authorized flood control project or any adopted plan of flood control. These standards also provide the public with information needed to prepare and submit encroachment applications to the board. Where any provision in this division requires the application of judgment, such as where “practical,” “feasible,” or “reasonable,” the burden of proof on such issues as impracticality, unfeasibility, or unreasonableness lies with the applicant or permittee.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New article 8 (sections 111 through 137) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§112. Streams Regulated and Nonpermissible Work Periods.
Note • History
(a) The board requires applications to be filed for all proposed encroachments within the floodways under its jurisdiction (identified in Table 8.1) and on levees adjacent thereto, on any stream which may affect those floodways.
(b) Banks, levees, and channels of floodways along any stream, its tributaries, or distributaries may not be excavated, cut, filled, obstructed, or left to remain excavated during the flood season.
(1) The flood seasons for the various floodways are shown in Table 8.1.
(2) The board, at the prior written request of the applicant, may allow work to be done during flood season within the floodway, provided that, in the judgment of the board, forecasts for weather and river conditions are favorable.
(c) The following definitions apply to this section:
(1) Bank. “Bank” means the ground bordering a river, stream, lake, or sea, or forming the edge of a cut or hollow.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section and table 8.1 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of table 8.1 filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Embedded Graphic 23.0002
Embedded Graphic 23.0003
Embedded Graphic 23.0004
Embedded Graphic 23.0005
Embedded Graphic 23.0006
§113. Dwelling and Structures Within an Adopted Plan of Flood Control.
Note • History
(a) The following definitions apply to this section:
(1) Existing Dwelling -- “Existing Dwelling” means a building used for human habitation constructed within a floodway prior to the adoption of the floodway as an authorized flood control project, as a plan of flood control, or as a designated floodway, or as otherwise permitted by the board.
(2) Existing Mobile Home -- “Existing Mobile Home” means a mobile home that was positioned within a floodway prior to the adoption of the floodway as an authorized flood control project, as a plan of flood control, or as a designated floodway, or as otherwise permitted by the board.
(3) Existing Structure -- “Existing Structure” means a building used for any purpose other than for human habitation constructed within a floodway prior to the adoption of the floodway as an authorized flood control project, as a plan of flood control, or as a designated floodway, or as otherwise permitted by the board.
(4) Human Habitation -- “Human Habitation” means an improvement of real property used, or intended to be used, for residential purposes, including but not limited to living, sleeping, cooking, or eating.
(5) Seasonal Occupancy -- “Seasonal Occupancy” means to occupy or reside in a dwelling only during the nonflood season.
(6) Residential Development -- “Residential Development” means any development or subdivision where a subdivision map is required.
(b) Dwellings and structures within an adopted plan of flood control must comply with the following requirements:
(1) New dwellings, with the exception of dwellings for seasonal occupancy (nonflood season), are not permitted except as provided in subdivisions (d) and (e) of this section.
(2) New dwellings for seasonal occupancy and existing dwellings and structures constructed prior to adoption of the plan of flood control are permitted within the floodway under the following conditions:
(A) The dwelling or structure is not abandoned and is maintained in a condition suitable for the approved use;
(B) The dwelling or structure does not impede floodflows;
(C) The dwelling or structure is properly anchored to prevent flotation during periods of high water;
(D) The finished floor level of new dwellings for seasonal occupancy must be a minimum of two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher; and
(E) New dwellings for seasonal occupancy may not be constructed on a levee section or within ten (10) feet of a levee toe.
(3) Any exterior remodeling, modifications, additions, or repairs to the dwelling, or structure, or property which modifies the footprint or consists of replacement of over fifty (50) percent of the structure must have prior approval by the board and meet the following conditions:
(A) Any remodeling, modifications, additions, or repairs may not place the dwelling or structure closer to the low water channel of the floodway; and
(B) The finished floor of any remodeling, modification, addition, or repair to the dwelling or structure must be a minimum of two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(4) If a dwelling or structure is damaged, due to any cause, to a cumulative extent of more than fifty (50) percent of its market value within a ten-year period, the dwelling or structure may not be reconstructed or replaced without the approval of the board;
(5) If a damaged dwelling or structure is not repaired or replaced, the entire dwelling or structure, including all stored materials, equipment, and debris, must be completely removed within a reasonable period of time, as determined by the board, and the area restored so that there is no interference with the adopted plan of flood control.
(6) Structures may be constructed within an adopted plan of flood control provided they conform to the following:
(A) Structures may not be constructed on a levee section or within ten (10) feet of a levee toe;
(B) Structures must be securely anchored and floodproofed to at least two (2) feet above the 100-year flood elevation or two (2) feet above the design flood plane, whichever is higher. The floodproofing must be consistent with the potential uses of the structure;
(C) Structures must be located and oriented to have minimal impact on floodflows; and
(D) The number of structures permitted is limited to the minimum reasonably necessary to accomplish an appropriate land use activity.
(c) Mobile homes within an adopted plan of flood control must comply with the following requirements:
(1) New mobile homes are not permitted unless the mobile homes are located within an existing mobile home park or as provided in subdivisions (d) and (e) of this section;
(2) Existing mobile homes, not located within a mobile home park, may remain and the requirements are the same as those for existing dwellings; and
(3) Owners of existing mobile homes which are not located within a mobile home park and which are not anchored in place must have an evacuation plan on record with the board; and
(4) If flood damage occurs to the mobile home due to failure of the evacuation plan or its execution, the mobile home may not remain or be replaced within the adopted plan of flood control without the approval of the board.
(d) Dwellings, structures, and mobile homes are permitted within shallow flooding areas designated as a “zone B” as shown on some designated floodway maps adopted by the board. The board's zone B designation is not to be confused with the Federal Emergency Management Agency's B-zone which relates to a different floodplain identification. In addition to the other standards in this section, the following conditions apply to dwellings, structures, and mobile homes within a designated zone B:
(1) The dwelling, structure, or mobile home is not permitted on a levee section or within ten (10) feet of a levee toe;
(2) Dwellings, structures, and mobile homes are permitted to within fourteen (14) feet of the top of a streambank provided the streambank is revetted to board standards;
(3) Dwellings, structures and mobile homes are not permitted within thirty (30) feet of an unrevetted streambank;
(4) The finished floor level of the dwellings and mobile homes must be a minimum of two (2) feet above the design flood plane or two (2) feet above the 100 year flood elevation, whichever is higher;
(5) Only the minimum floodway area necessary for the placement of the dwelling, structure, or mobile home shall be used. Generally not more than thirty (30) percent of the flood plain area may be used. Designated floodway maps, however, may be more restrictive;
(6) Sufficient area of the floodway must remain clear of the dwelling, mobile home, or structure to preserve the historical orientation of the floodway and to prevent an increase in streamflow stages and velocities.
(7) If a dwelling, structure, or mobile home is damaged due to any cause, cumulatively to the extent of more than fifty (50) percent of its market value, the dwelling, structure, or mobile home may not be reconstructed or replaced without the approval of the board.
(8) Except for approved mining activities, excavating or grading that would increase the depth of flooding within a zone B and which might interfere with the safe evacuation of the area during flooding is not permitted.
(9) New residential developments may be subject to a higher standard than the 100-year event up to and including the Standard Project Flood, (e.g., floor elevations required to be above the Standard Project Flood) or an equivalent rare flood.
(e) New dwellings, structures and mobile homes along an unleveed stream shall comply with the following requirements:
(1) Dwellings, structures, and mobile homes are permitted to within fourteen (14) feet of the top of the streambank provided the streambank is revetted.
(2) Dwellings, structures and mobile homes are not permitted within (30) feet of an unrevetted streambank.
(f) Upon abandonment of the permitted dwelling or structure, the property owner shall be responsible for removal of the dwelling or structure and all appurtenant structures, vehicles, equipment, stockpiles of materials, and debris within a reasonable time.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§114. Mobile Home Parks and Recreational Vehicle Parks.
Note • History
(a) The following definitions apply to this section:
(1) Existing Mobile Home Park -- “Existing Mobile Home Park” means any area within a floodway on which two (2) or more mobile homes have been maintained prior to the adoption of the area as an authorized flood control project, as a plan of flood control, or as a designated floodway.
(2) Recreational Vehicle Park -- “Recreational Vehicle Park” means any area within a floodway where two (2) or more recreational vehicles are maintained.
(b) Mobile home parks are subject to the following requirements:
(1) New mobile home parks are not permitted within an adopted plan of flood control except in floodway areas classified as zone B as described in subdivision (c), section 113, Dwellings and Structures Within an Adopted Plan of Flood Control.
(2) New mobile home parks are not permitted on a levee section or within ten (10) feet of a levee toe.
(3) Existing mobile home parks located within an adopted plan of flood control may remain if a permit from the board has been obtained, a current implementable evacuation plan is on file with the board, and the following criteria continue to be enforced:
(A) The locations of all structures, mobile homes, recreational vehicles, and appurtenances are shown on the evacuation plan.
(B) The location of the river staff gauge and the gauge height that will indicate an evacuation of a mobile home park are shown on the evacuation plan.
(C) The number of tow vehicles and the usual location of each tow vehicle to be used to evacuate a mobile home park are shown on the evacuation plan.
(D) The locations of emergency storage areas outside the floodway for the mobile homes, recreational vehicles, portable and floatable structures are shown on the evacuation plan.
(E) The route to be used to evacuate mobile homes from a mobile home park to the emergency storage area is shown on the evacuation plan.
(F) After the initiation of an evacuation, all mobile homes not anchored in place and all recreational vehicles, and portable and floatable structures are removed from the floodway within the time period specified in the evacuation plan.
(G) Existing multiple-wide mobile homes, unless specially designed for quick removal, are anchored in place with concrete deadmen.
(H) New multiple-wide mobile homes, unless specially designed for quick removal, are not permitted.
(I) A copy of the evacuation plan is provided to all residents of the mobile home park.
(J) The park permittee or the manager has a duplicate of all keys necessary to move a mobile home and a signed statement allowing the removal of an absentee owner's mobile home during an emergency evacuation.
(K) The permittee of a mobile home park accepts sole responsibility for initiating an evacuation of the park.
(L) Mobile homes not anchored in place, all portable structures, and recreational vehicles have axles, wheels, and any required tow hitch installed, and are in a readily movable condition at all times.
(M) Any related structures, such as laundry rooms or storage buildings, are securely anchored to prevent flotation during high water and are not utilized for human habitation.
(N) If significant flood damage occurs to any of the mobile homes or other park structures due to failure of the evacuation plan or its execution, the park may not continue operating without approval of the board.
(c) Recreational vehicle parks are subject to the following requirements:
(1) New and existing recreational vehicle parks are allowed within an adopted plan of flood control if a permit is obtained from the board, a current implementable evacuation plan is on file with the board, and the following requirements are enforced:
(A) The locations of all recreational vehicle pads and appurtenances are shown on the evacuation plan.
(B) All recreational vehicles have axles, wheels, and any required tow hitch installed, and are in readily movable condition at all times.
(C) At the initiation of an evacuation, all recreational vehicles are removed from the floodway within the time period specified in the evacuation plan.
(D) At the initiation of the evacuation, all floatable and portable structures are removed from the floodway within the time period specified in the evacuation plan.
(E) The locations of emergency storage areas outside the floodway for recreational vehicles, and portable and floatable structures are shown on the evacuation plan.
(F) The location of the river staff gauge and the gauge height that will initiate an evacuation are shown on the evacuation plan.
(G) Permittees or managers of recreational vehicle parks accept sole responsibility for initiating an evacuation.
(H) Any related structures, such as laundry rooms or storage buildings, are securely anchored and are not utilized for human habitation.
(I) If significant flood damage occurs to any of the recreational vehicles or other park structures due to the failure of the evacuation plan or its execution, the park may not continue operating without the approval of the board.
(d) The following restrictions apply to recreational vehicles within an adopted plan of flood control that are not in a recreational vehicle park:
(1) The random use of recreational vehicles within an adopted plan of flood control does not require a permit from the board. Recreational vehicles are not permitted overnight within the floodway during the flood season. However, recreational vehicles may be stored in those limited areas where dwellings are permitted.
(2) It remains the sole responsibility of the property owner to ensure that recreational vehicles do not remain within the floodway overnight during the flood season.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§115. Dredged, Spoil, and Waste Material.
Note • History
(a) Dredged, spoil, or waste materials, regardless of their composition, may not be deposited on the levee crown, levee slopes, or within the limits of a project floodway without specific prior approval of the board.
(b) Suitable dredged, spoil, or waste material may be deposited on or against the landside levee slope if the board determines that it is not detrimental to the safety of the levee.
(c) Dredged materials must be drained of excess moisture before being used as fill material.
(d) Dredged, spoil, or waste materials may not be deposited within the limits of the stream channel, project floodway, or within a bypass area without a determination by the board as to the effect of the deposition regarding (1) the flood-carrying capacity of the stream channel, floodway, or bypass; (2) recreational and environmental factors; and (3) fish and wildlife.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609, 8708, 8709 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§116. Borrow and Excavation Activities - Land and Channel.
Note • History
(a) The removal of earthen material and related activities within the limits of an adopted plan of flood control are subject to the provisions of this division. The board may limit borrow and excavation activities based on the area's hydraulics, hydrology, sediment transport, and history of the borrow sites. The board may waive specific requirements for borrow or excavation activities if the permittee provides detailed studies which the board considers sufficient to justify the waiver.
Borrow and excavation activities maya be allowed if:
(1) The activity will not cause an unplanned change of the stream's location;
(2) The sediment transport downstream will not change in a manner that produces or tends to produce increased flood or erosion problems in the area; and
(3) The activity is consistent with the overall flood control objectives for the area.
(b) General requirements for all borrow permits include the following, unless other specific provisions for a specific area or stream modify these requirements:
(1) Any levee crown or access ramp used to transport borrow material must be maintained by the permittee in the same or better condition as existed at the start of the borrow operation.
(A) A surveyed longitudinal profile of the existing levee crown roadway and access ramps to be utilized for access to the borrow area must be submitted to the board prior to any excavation.
(B) A surveyed longitudinal profile of the levee crown and access ramps utilized for access to the borrow area must be submitted yearly as well as upon abandonment of the borrow area.
(C) Upon order of the board, the permittee shall restore a damaged levee and/or access ramp to the original profile.
(2) Land and channel borrow material of any type may not be stored on a levee section or within ten (10) feet of either toe at any time.
(3) No land and channel borrow material may be stored in a manner that could destabilize a riverbank, e.g., within thirty (30) feet of the top of bank.
(4) Periodic topographic surveys of the active borrow area and vicinity may be required.
(5) All boundaries of an active borrow area must be delineated by steel posts or other permanent markers which are clearly visible.
(6) Stockpiles of materials or the storage of equipment, unless securely anchored, downed trees or brush, and floatable material of any kind are not allowed within a floodway during the flood season as defined in Table 8.1.
(7) Excavation is not permitted within one hundred (100) feet of a levee toe or property line within the floodway.
(8) Material may not be removed within fifty (50) feet of the toe of any spur levee. A spur levee is a levee that protrudes into the floodway for the purpose of directing the flow of floodwater.
(9) Channel or berm excavations are not permitted within a leveed floodway where there is active erosion unless an engineering study demonstrates that the borrow will not exacerbate the erosion.
(10) The side slopes of the perimeter of a borrow area may not exceed three (3) feet horizontal to one (1) foot vertical.
(11) The upstream and downstream ends of a borrow area connected to the low-water channel shall be transitioned into the channel to prevent an abrupt change in streamflow velocity or cause an obstruction to the flow.
(12) The bottom of a borrow area that is seasonally dry and located within two hundred (200) feet of a levee toe shall be graded to be reasonably uniform with the gradient sloping towards the low-water channel.
(13) When the borrow area is to be connected to the low- water channel, excavation must start at the riverward edge of the borrow area and progress uniformly landward.
(14) The bottom elevation of any berm excavation may not be lower than the adjacent channel bottom without adequate setback from the channel. Five hundred (500) feet is generally considered an adequate setback.
(15) Dredging of material from channel waterways generally must be confined to the area beyond one hundred (100) feet of the toe of the bank. The slope of the borrow perimeter nearest the toe of the bank may not exceed five (5) feet horizontal to one (1) foot vertical. Localized exceptions may require bank protection.
(16) Before any borrow operation, including suction dredging, is permitted within one (1) mile of a bridge, a study must be submitted to show that the borrow operation will not adversely affect any of the bridge footings, piers, or bents.
(17) Before any borrow operation, including suction dredging, is permitted within one thousand (1,000) feet of any pipeline or cable crossing beneath the channel, or within one thousand (1,000) feet of a project control structure, e.g., a weir, a study must be submitted to show that the borrow operation will not adversely affect that facility. A study may be required for distances greater than one thousand (1,000) feet where deemed appropriate by the board.
(18) Any proposed borrow operation within one mile of a state highway bridge must be approved by the California Department of Transportation.
(19) A geotechnical investigation is required before initiating any borrow activity within a leveed floodway. The investigation must determine if the proposed borrow activity would increase seepage beneath levees, or expose soils susceptible to erosion.
(c) If periodic inspections reveal that a borrow operation will adversely affect the adopted plan of flood control, additional permit conditions may be imposed, or the permit may be revoked.
(d) Excavations made within a floodway that are not an approved borrow or dredging activity must be backfilled in a manner consistent with local conditions. This requirement is generally satisfied by using suitable material and compacting to the density of the adjacent undisturbed material. Compaction tests by a certified soils laboratory may be required. These requirements may be waived for minor excavations that would have no impact on the floodway.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§117. Supplemental Borrow Standards for the Yuba River.
Note • History
Additional borrow standards have been established for the removal of material from the floodway of the Yuba River. These additional standards supplement and, where in conflict with, supersede standards in section 116, Borrow and Excavation Activities - Land and Channel.
(a) Material may not be removed within three hundred (300) feet of the centerline of project and local levees of the Yuba River.
(b) Material may not be removed within three hundred (300) feet of the perimeter of any bank or levee protection work.
(c) Between Daguerre Point Dam and Cenedella Bend (River Mile 4.1), material may not be removed within one thousand five hundred (1,500) feet of the top of the banks of the Yuba River.
(d) The elevation of the bottom of the borrow area nearest the bank of the river may be no lower than ten (10) feet above the normal low-water elevation of the Yuba River (see Graph 8.1).
(e) Existing borrow pits or depressions between the levee and three hundred (300) feet landward of the levee centerline and adjacent to a proposed borrow area must be backfilled to within twenty (20) feet vertically of the levee crown by the permittee of the proposed borrow area. The backfill must be placed in the ratio of one (1) cubic yard placed in the low areas to ten (10) cubic yards removed from the floodway.
(f) Material may not be removed from the area between nine hundred (900) feet upstream of the Southern Pacific Railroad bridge and the confluence of the Yuba and Feather Rivers.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section and graphic 8.1 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0007
§118. Supplemental Borrow Standards for the Lower San Joaquin River Flood Control Project.
Note • History
An additional borrow standard has been established for the removal of material from the floodways of the Lower San Joaquin River Flood Control Project. The additional standard supplements and, where in conflict with, supersedes standards in section 116, Borrow and Excavation Activities - Land and Channel. The supplemental standard requires that all berm excavations must connect to the channel, and the bottom of berm excavations must be sloped to drain away from the levee.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§119. Dams and Related Structures.
Note • History
(a) Dams and structures that act as dams constructed in the channels of intermittent streams must meet the following criteria:
(1) A study shall be submitted to the board confirming that the installation of a dam will not increase flooding outside of the floodway or increase flood damages to third parties in the floodway.
(2) Erosion control may be required on the bank or levee slopes upstream and downstream of the proposed dam.
(3) Earthfill, including sand, and rockfill dams must be completely removed from the floodway prior to the beginning of flood season each year and may not be reinstalled prior to the end of flood season. (See Table 8.1.)
(4) All stanchions must be removed or lowered, and all flashboards and slide gates of a dam must be removed from the floodway prior to the beginning of flood season each year and may not be reinstalled prior to the end of flood season. (See Table 8.1.)
(5) The permittee must remove or lower all stanchions and must remove the flashboards and slide gates of a dam within twenty-four (24) hours after receiving written notification from the board.
(6) The permittee must remove an earthfill or rockfill dam within ninety-six (96) hours after receiving written notification from the board.
(7) Upon removal of an earthfill or rockfill dam, the material from the dam may not be stockpiled on the levee section or within the floodway.
(8) The permittee must provide warning signs upstream and downstream of a rockfill dam to protect boaters.
(b) Crop checks, ditch banks, ditch pads, road fills, and secondary levees installed within floodways and bypasses may not be reinforced or revetted and must be limited to a height that will not impair the floodway capacity. Crop checks, ditch banks and ditch pads are limited to a height of three (3) feet above the adjacent natural ground.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note • History
(a) Levees constructed, reconstructed, raised, enlarged, or modified within a floodway shall be designed and constructed in accordance with the U.S. Army Corps of Engineers manual, “Design and Construction of Levees” (EM 1110-2-1913 dated March 31, 1978, which is incorporated by reference) and as supplemented with the following standards:
(1) Levee construction or reconstruction shall be designed by a civil engineer.
(2) An engineering analysis that evaluates levee embankment and foundation stability shall be submitted to the board with the permit application. The analysis must verify that the levee is adequately designed and will be constructed to remain stable under loading conditions for “Case IV - Steady seepage from full flood stage” as defined in the Department of the Army manual, “Design and Construction of Levees” (EM 1110-2-1913), pp.6-6, 6- 7.
(3) A detailed settlement analysis, using procedures such as those described in the Department of the Army manual, “Settlement Analysis” (EM 1110-1-1904, dated September 30, 1990, which is incorporated by reference), must be submitted to the board.
(4) A copy of all geotechnical studies and tests used in the design determination of the levee shall be provided to the board when applying for a permit.
(5) The applicant shall provide the board with a permanent easement granting the Sacramento and San Joaquin Drainage District all flood control rights upon, over, and across the property to be occupied by the proposed flood control works. The easement must include the area within the proposed floodway, the levee section, and the area at least ten (10) feet in width adjacent to the landward levee toe if the area is not presently encumbered by a board easement. The board may require an easement over a larger area and over any property when it is foreseeable that the proposed activities subject to a permit would be injurious to or interfere with the adopted plan of flood control.
(6) All drains and abandoned conduits shall be removed from the proposed construction site prior to start of construction.
(7) Prior to construction or enlargement of the embankment, all holes, depressions, and ditches in the foundation area shall be backfilled and compacted to a density equal to that of the adjacent undisturbed material.
(8) Prior to construction or enlargement of the embankment, all surface vegetation shall be removed from the area to receive fill to a depth of six (6) inches. Organic soil and roots one and one-half (1-1/2) inches in diameter or larger, shall be removed from the area to receive fill to a depth of three (3) feet.
(9) An inspection trench shall be excavated to a minimum depth of six (6) feet beneath levees being constructed or reconstructed to a height of six (6) feet or greater. If necessary to ensure a satisfactory foundation, the depth of the inspection trench may be required to exceed six (6) feet.
(A) The minimum depth of an inspection trench excavated beneath levees to be constructed or reconstructed less than six (6) feet in height must be equal to the height of the design water surface above natural ground adjacent to the levee.
(B) The inspection trench must have a minimum bottom width of twelve (12) feet, and the side slopes must be one (1) foot horizontal to four (4) feet vertical, or flatter.
(C) The centerline of the inspection trench shall be located approximately under the outer edge of the shoulder of the waterside levee crown.
(10) When subsurface explorations disclose a pervious substratum underlying a levee to be constructed or reconstructed, a cutoff trench must be excavated to an impervious stratum, where practical.
(11) Cutoff trenches shall have a minimum bottom width of twelve (12) feet and the side slopes shall be one (1) foot horizontal to four (4) feet vertical, or flatter.
(12) Impervious material, with twenty (20) percent or more of its passing the No. 200 sieve, and having a plasticity index of eight (8) or more, and having a liquid limit of less than (50), must be used for construction of new levees and the reconstruction of existing levees. Special construction details (e.g., 4:1 slopes) may be substituted where these soil properties are not readily attainable. Where the design of a new levee structure utilizes zones of various materials or soil types, the requirements of this subdivision do not apply.
(13) Fill material must be placed in four (4) to six (6) inch layers and compacted with a sheepsfoot roller, or equivalent, to a relative compaction of not less than ninety (90) percent per ASTM D1557-91, dated 1991, which is incorporated by reference and above optimum moisture content, or ninety-seven (97) percent per ASTM D698-91, dated 1991, which is incorporated by reference and at or above optimum moisture content.
(14) Fill material placed within two (2) feet of a structure must be compacted by appropriate hand operated compaction equipment.
(15) Levee fill material must be free of stones or lumps exceeding three (3) inches in greatest dimension, and must be free of vegetative matter or other unsatisfactory material.
(16) Fill material may only be placed within the area indicated on the submitted plans.
(17) Fill on levee slopes must be keyed into the existing levee section whenever there is substantial fill, as determined by the board.
(18) Each layer of fill material applied on a levee must be keyed into the levee section individually in four (4) to six (6) inch layers.
(19) Density tests by a certified soils laboratory will be required to verify compaction of levee fill and trench backfill.
(20) Ditches, power poles, standpipes, distribution boxes, and other above-ground structures located within ten (10) feet of the levee toe must be relocated a minimum distance of ten (10) feet beyond the levee toes.
(21) Pipelines located alongside and within ten (10) feet of the levee toe must be relocated a minimum distance of ten (10) feet beyond the levee toe.
(22) Construction work of any type may not be done on levees or within the floodway during the flood season (see Table 8.1) unless authorized by the Executive Officer.
(23) The areas adjacent to the levee must drain away from the levee toes for a minimum distance of ten (10) feet.
(24) The finished slope of any project levee construction or reconstruction must be three (3) feet horizontal to one (1) foot vertical, or flatter, on the waterside and two (2) feet horizontal to one (1) foot vertical, or flatter, on the landside of the levee.
(25) The finished slope of any bypass levee must be four (4) feet horizontal to one (1) foot vertical, or flatter, on the waterside and three (3) feet horizontal to one (1) foot vertical, or flatter, on the landside of the levee.
(26) An existing levee section being reconstructed, realigned, or otherwise altered, and having encroachments that are located within the levee that are to be replaced or changed, must have detailed plans of the proposed encroachment changes approved by the board prior to start of construction.
(27) The board may require the modification, as necessary, of existing pipelines within a levee section that is being raised to accomodate a higher design water surface elevation in order to prevent seepage along the pipeline and to prevent backflow through the pipeline during the design event.
(28) A set of “as constructed” drawings of any levee project shall be submitted to the board, the department and the Corps of Engineers upon completion of the project.
(29) Stone revetment may be required on levee slopes where turbulence, flow, or wave action may cause erosion.
(30) Grasses or other approved ground covers may be required on levee slopes.
(31) The minimum crown width of a levee is normally twelve (12) feet on minor streams and twenty (20) feet on major streams. The levee crown width for a levee on a specific stream is defined by the project document and/or operations manual in current use and must be consistent with minimum width requirements of existing levees on the specific stream.
(32) A levee having a crown width of fifteen (15) feet or less must have vehicular turnouts at approximately two thousand-five hundred (2,500) foot intervals if there is no existing access ramp within that distance.
(33) As used in this section, the term “approved risk-based analysis” means an analysis which uses simulation modeling of river discharge versus probability of occurrence, river stage versus river discharge estimates, and river stage versus flood damage estimates and accounts for uncertainty in these functions to determine the performance of a proposed flood control feature.
(A) All levees constructed or reconstructed must have a minimum of three (3) feet of freeboard above the design flood plane, or a crown elevation no lower than designed using an approved risk-based analysis.
(B) Unless designed using an approved risk-based analysis, the design freeboard of a levee to be constructed or reconstructed must be appropriately increased when any of the following conditions exist:
(i) High velocity streamflow.
(ii) Excessive wave action.
(iii) Excessive hydrologic, hydraulic, or geotechnical uncertainty in the levee design parameters.
(C) Unless designed using an approved risk-based analysis, levees within one hundred (100) feet of a bridge, or other structure which may constrict floodflows, must have one (1) foot of additional freeboard.
(b) Unreinforced pavement is not permitted on levee slopes.
(c) Pavement for roadways and similar uses is permitted within ten (10) feet of the levee toe.
(d) Pavement within ten (10) feet of the landside levee toe must have appropriate features that intercept seepage and prevent particle migration.
(e) Levee seepage control facilities (e.g., toe drains and toe ditches) must meet the following requirements:
(1) The seepage control facilities must be designed by a civil engineer.
(2) All studies and calculations relating to design and maintenance of the seepage control facility must be submitted to the board with the permit application.
(3) The appropriate rights-of-way for the seepage control facilities must be included in the levee easements.
(f) See Figure 8.01 for illustrated details, dimensions, and terminology for levees and floodways.
(g) If a proposed project which includes levee improvements would result in substantial residential development within an area that without the levee improvements would be subject to the Federal Emergency Management Agency's regulatory 100-year flood plain constraints, the board may require the permittee to mitigate for any increased average annual flood damage by increasing the level of protection provided by the levee improvement project, up to and including the Standard Project Flood.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section and figure 8.01 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of subsections (a)(5) and (a)(22) filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Embedded Graphic 23.0008
Note • History
(a) Quarry stone, cobblestone, or their equivalent may be used for erosion control along rivers and streams if the material meets the criteria below. Typical sections delineating methods of placement and dimensions of revetment using rock and sacked concrete are shown in Figures 8.02 and 8.03.
(1) Bedding materials must be placed under the stone protection at locations where the underlying soils require such material for stabilization, considering such factors as tidal fluctuation, wave action, and streamflow velocity.
(2) Cobblestone protection must be placed on prepared slopes of three (3) feet horizontal to one (1) foot vertical or flatter.
(3) Cobblestone protection, having acceptable cobblestone gradations, may be used where streamflow velocities ten (10) feet from the bank do not exceed eight (8) feet per second.
(4) Quarry stone protection must be placed on prepared slopes steeper than three (3) feet horizontal to one (1) foot vertical.
(5) Quarry stone protection, meeting required gradations and sizes, may be used at locations where streamflow velocities ten (10) feet from the bank do not exceed twelve (12) feet per second.
(6) Required gradations of cobblestone and quarry stone are as follows:
Embedded Graphic 23.0009
(7) Graded cobblestone and quarry stone must be placed in a manner which avoids segregation.
(8) Where streamflow velocities ten (10) feet from the bank exceed twelve (12) feet per second, special cobble or quarry stone gradation is required. Flow retarding structures, such as retards, wing dams, and rock groins may be permitted at these high streamflow velocity sites.
(9) Alternative bank protection materials may be permitted by the board. Possible alternatives include but are not limited to: sacked concrete; broken concrete free of projecting steel; reinforced concrete; precast concrete cribbing; and stone-filled gabion baskets.
(10) Broken concrete used for levee revetment may be no larger than sixteen (16) inches at its maximum dimension.
(11) Asphalt or other petroleum-based products may not be used as fill or as erosion control on a levee section or within a floodway.
(12) The minimum thickness of revetment is eighteen (18) inches perpendicular to the bank or levee slope below the usual water surface and twelve (12) inches above the usual surface.
(13) Revetment must be uniformly placed and properly transitioned into the bank, levee slope or adjacent revetment.
(b) When revetment is proposed by an applicant but not required by the board, the standards relating to revetment bedding, gradation, size, shape and thickness are recommended but not required.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section and figures 8.02 and 8.03 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0010
Embedded Graphic 23.0011
§122. Irrigation and Drainage Ditches, Tile Drains, and Septic Systems.
Note • History
(a) Irrigation ditches, drainage ditches, and similar facilities must satisfy the following criteria:
(1) All ditches must be located at least ten (10) feet from the levee toe.
(2) The bottom of any agricultural ditch must be located above the projected levee slope. Accordingly, a deep ditch may need to be located farther than the minimum ten (10) feet from the levee toe. (See Figure 8.01.)
(b) Tile drains, septic systems, and similar facilities must satisfy the following criteria:
(1) All tile drains, septic tanks, or leach fields must be located at least ten (10) feet from the levee toe.
(2) The bottom of any tile drain, septic tank, or leach field must be located above the projected levee slope.
(3) Positive closure valves may be required on a tile drain pipeline to prevent backflow.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§123. Pipelines, Conduits, and Utility Lines.
Note • History
(a) The following definitions apply to this section:
(1) Delta Lowlands. “Delta Lowlands” means those lands within the Sacramento-San Joaquin Delta that are approximately at the five- (5) foot contour and below as shown in Figure 8.04.
(2) Delta Uplands. “Delta Uplands” means those lands within the Sacramento-San Joaquin Delta that are above the five- (5) foot contour as shown in Figure 8.04.
(b) Pipelines, conduits, utility lines, and appurtenant structures must conform to the following criteria:
(1) Pipelines, conduits, utility lines, utility poles, and appurtenant structures may not be installed within the levee section, within ten (10) feet of levee toes, or within the floodway during the flood season unless authorized by the General Manager based on reservoir levels, stream levels, and forecasted weather conditions on a case-by-case basis, pursuant to section 11.
(2) Appurtenant structures such as standpipes, utility poles, distribution boxes, guy wires, and anchors, but not including siphon breakers, are generally not permitted in or below the levee crown, on the levee slopes, or within ten (10) feet of the levee toes. Appurtenant structures may be permitted where they will not interfere with levee maintenance or flood fight activities.
(3) Appropriate, visible markers acceptable to the local maintaining agency may be required to identify the location of buried pipelines, conduits, and utility lines. A siphon breaker or other visible appurtenance may be considered an acceptable marker for the attached buried line. Markers must be made of durable, long lasting, fire-resistant material, and must be maintained by the permittee until the pipeline, conduit or utility line is properly abandoned.
(4) Pipelines, conduits, and utility lines that pose a threat or danger to levee maintenance or flood fight activities, such as high-voltage lines, gas lines, and high pressure fluid lines, must be distinctively labeled to identify the contents.
(5) Buried high-voltage lines of greater than twenty-four (24) volts are required to be protected with schedule 40 PVC conduit, or equivalent.
(6) Overhead electrical and communication lines must have a minimum vertical clearance above the levee crown and access ramps of twenty-one (21) feet for lines carrying 750 volts or less, and twenty-five (25) feet for lines carrying higher voltage.
(7) Fluid- or gas-carrying pipelines installed parallel to a levee must be a minimum distance of ten (10) feet from the levee toe and, where practical, may not encroach into the projected levee slope.
(8) Low-voltage electrical or communication lines of twenty-four (24) volts or less may be installed parallel to a levee and within ten (10) feet of the levee toe when it is demonstrated to be necessary and to not interfere with the integrity of levee, levee maintenance, inspection, or flood fight procedures.
(9) The board may require the applicant to have any pipelines, conduits, utility lines and appurtenant structures designed by a registered civil engineer.
(c) Pipelines, conduits, and utility lines installed within the floodway must conform to the following additional conditions:
(1) Pipelines, conduits, and utility lines installed within the floodway must have a minimum cover of five (5) feet beneath the low-water channel, and a minimum of two (2) feet in the remaining area of the floodway. A greater depth of cover may be required based upon the feasibility of achieving the required cover or local soil stability and channel hydraulics.
(2) Open-trench backfill to cover pipes must be placed in a manner consistent with floodway characteristics such as erosion, deposition, and streamflow velocities. This requirement is generally ensured by using suitable material and compacting to the density of adjacent undisturbed material. Compaction tests by a certified soils laboratory may be required.
(3) In general, any standard material may be used for pipelines or conduits to be installed within the floodway ten (10) feet or more from the levee toe or the projected levee slope.
(4) All debris that accumulates around utility poles and guy wires within the floodway must be completely removed following the flood season and immediately after major accumulations.
(5) Pipelines and conduits which are open to the waterway and which could cause flood damage from uncontrolled backflow during the design flood event shall have a readily accessible positive closure device. A flap gate is not a positive closure device.
(d) Pipelines, conduits, and utility lines installed through a levee must conform to the following additional conditions:
(1) The installation of a fluid- or gas- carrying pipeline in a levee section or within ten (10) feet of the toe parallel to the centerline is not permitted.
(2) Pipelines, conduits, and utility lines must be installed through a levee as nearly at a right angle to the levee centerline as practical.
(3) Buried pipelines, conduits, and utility lines that do not surface near the levee toes must have location markers near both levee toes.
(4) Buried pipelines, conduits, and utility lines that cross the levee at right angles must have a location marker located on the levee slope adjacent to either shoulder.
(5) Buried pipelines, conduits, and utility lines that cross the levee at other than right angles must have location markers on the levee slopes adjacent to each shoulder.
(6) Pipelines carrying gas or fluids under pressure must be confirmed free of leaks during construction by pressure tests, X-ray, or equivalent methods, and must be tested anytime after construction upon request of the board.
(7) Pipelines carrying gas or fluids under pressure must have a readily accessible rapid closure device located within ten (10) feet of the landside levee toe.
(8) Pipelines and conduits open to the waterway must have a readily accessible positive closure device unless it can be demonstrated it is not necessary. A flap gate is not a positive closure device.
(9) The side slopes of trenches excavated for the installation of pipelines, conduit, or utility lines may be no steeper than one (1) foot horizontal to one (1) foot vertical. The following are exceptions to this maximum slope requirement:
(A) For shallow installations above the flood plane, e.g., twelve (12) inches, vertical side slopes may be allowed.
(B) For that portion of the trench above the design freeboard, vertical side slopes may be allowed.
(10) The bottom width of trenches excavated for the installation of a pipeline, conduit, or utility line must be two (2) feet wider than the diameter of the pipeline or conduit, or two (2) times the pipe diameter, whichever is greater.
(11) The minimum cover for pipelines, conduits, and utility lines installed through the levee crown is twenty-four (24) inches. If it becomes necessary to raise a levee crown to provide minimum cover, the longitudinal slope of the crown must be a minimum of ten (10) feet horizontal to one (1) foot vertical. Where twenty-four (24) inches of cover is not practical, a concrete or other engineered cover is required.
(12) The minimum cover for pipelines, conduits, and utility lines installed within the levee slope is twelve (12) inches. Where the installation will not interfere with levee maintenance or flood fight activities, it may not be necessary to bury the line within the levee slopes.
(13) When practical, pipelines, conduits, and utility lines installed within a levee section must be separated from parallel pipelines, conduits, and utility lines by a minimum of twelve (12) inches, or the diameter of the largest pipeline, conduit, or utility line, whichever is larger, to a maximum of thirty-six (36) inches.
(14) When practical, pipelines, conduits, and utility lines must have a minimum vertical spacing of six (6) inches when crossing other pipelines, conduits, or utility lines.
(15) A siphon breaker with a protective housing may be required and must be installed off the levee crown roadway where it will not interfere with levee maintenance.
(16) Electrical and communication lines installed through a levee or within ten (10) feet of a levee toe must be encased in schedule 40 PVC conduit or equivalent. Low-voltage lines (24 volts or less) and fiber optic cable may be allowed without conduit if properly labeled.
(17) A standard reinforced concrete U-wall for levee erosion protection is required at the outlet end of a pipeline or conduit discharging within ten (10) feet of a levee toe. See Figures 8.05 and 8.06 for U-Wall design criteria.
(18) Existing levee erosion protection must be restored by the permittee if it is damaged during the installation of a pipeline, conduit, or utility line.
(19) The permittee must replant or reseed levee slopes to restore sod, grasses or other nonwoody ground covers that are destroyed or damaged during the installation of a pipeline, conduit, or utility line.
(20) Within the levee or within ten (10) feet of levee toes, any excavation for the installation of a pipeline, conduit, or utility line must be backfilled in four (4) to six- (6) inch layers with approved material and compacted to a relative compaction of not less than ninety (90) percent, per ASTM D1557- 91, dated 1991, which is incorporated by reference and above optimum moisture content or ninety-seven (97) percent, per ASTM D698-91, dated 1991, which is incorporated by reference and at or above optimum moisture content. Compaction tests by a certified soils laboratory will be required to verify compaction of backfill within a levee.
(21) Boring a pipeline or conduit through a levee is permitted if the following additional conditions are met:
(A) The invert of the pipeline or conduit must be located at least three (3) feet above the design flood plane.
(B) The pipeline or conduit must be butt-welded. Polyethylene pipes may be used as provided in subdivisions (f)(4)(A), (f)(4)(B), and (f)(4)(C) of this section.
(C) The pipeline or conduit must be installed by the bentonite boring method or equivalent. The bentonite boring method uses an auger followed by a pipe with multiple port openings through which a bentonite slurry is pumped to ensure sealing of any voids resulting from the boring process.
(e) Pipelines, conduits, and utility lines may be installed by the open cut-method through a levee below the design flood plane, or within the levee foundation under the following conditions:
(1) One or more of the following conditions must apply:
(A) The pipeline, conduit, or utility line will be maintained by a public agency with a history of good maintenance based upon annual maintenance or inspection reports.
(B) The levee is designed to withstand a depth of less than six (6) feet of water measured with respect to the elevation of the landside levee toe.
(C) The levee is designed to withstand a depth of less than twelve (12) feet of water measured with respect to the elevation of the landside levee toe and provides flood protection for a rural area, or an area where the board anticipates little future urban development.
(2) Pipelines open to the waterway must be a minimum of thirty (30) inches in diameter, and must have a readily accessible positive closure device installed on the waterward side.
(3) Seepage along pipelines, conduits, and utility lines must be prevented by either of the following methods:
(A) The pipeline, conduit, or utility line is encased in reinforced concrete cast against firm undisturbed earth.
(B) The conduit has reinforced concrete battered walls at an inclination of one (1) foot horizontal to four (4) feet vertical or flatter.
(4) The work must commence and be completed prior to the flood season.
(5) Levees located within the Sacramento-San Joaquin Delta lowlands may only be cut below the design flood plane after appropriate engineering studies are performed and approved.
(f) Pipelines, conduits, and utility lines may be installed under a levee or stream channel by tunneling, jacking, or boring, if the following conditions are met:
(1) The pipeline, conduit, or utility line is at least thirty (30) feet under the levee.
(2) The pipeline, conduit, or utility line is verified to have the required cover. A greater depth of cover may be required based upon the feasibility of achieving the required cover or on local soil stability and channel hydraulics.
(3) If the installation is to be more than fifty (50) feet below the levee and the entire floodway and streambed, the board may waive the requirement for a permit provided a letter of intent is filed with the board prior to commencement of the project.
(4) The portal and outlet of a tunnel, jacking, or boring must be a minimum distance of ten (10) feet beyond the projected levee slope without an approved stability and seepage analysis.
(5) Installation may occur during the flood season and when the water surface elevation in the floodway is expected to be above the elevation of the landside levee toe if adequate containment cells are constructed at the portal and outlet.
(6) The installation of a pipeline, conduit, or utility line under levees in the Sacramento-San Joaquin Delta lowlands requires adequate containment cells at the portal and outlet when the installation is less than fifty (50) feet below the streambed and levee toes.
(7) Pipelines carrying gas or fluids under pressure below a levee must have provision for rapid closure.
(8) Pipelines and conduits open to the waterway and below a levee must have a positive closure device which is accessible at all times unless it is demonstrated to be unnecessary. A flap gate is not a positive closure device.
(g) The following pipe materials are allowed within a levee section when designed to resist all anticipated loading conditions and properly installed:
(1) Galvanized iron pipe is allowed if all joints are threaded. Galvanized iron pipe joints must be corrosion protected with PVC tape or polyethylene tape wrapped to a thickness of thirty (30) mils or equivalent.
(2) Schedule 80 polyvinyl chloride (PVC) pipe is allowed if it is entirely buried, all joints are threaded and the components were continually protected from ultraviolet radiation damage or were newly manufactured.
(3) Polyvinyl chloride (PVC) plastic pipe schedule 40, or better, may be used as a conduit for power or communication cables.
(4) High-density polyethylene pipe may be used for pipeline or conduit installations provided the following conditions are met:
(A) High-density polyethylene pipeline or conduit joints must be heat or electrofusion welded (ASTM Standard F1055-93, dated 1993 or D3261-93, dated 1993 which is incorporated by reference).
(B) High-density polyethylene pipelines and conduits must be designed to resist all anticipated loading conditions, and the design calculations must be submitted to the board.
(C) High-density polyethylene pipelines and conduits must be ultraviolet radiation protected.
(5) Cast-in-place reinforced concrete pipes and box culverts may be used above and below the design flood plane if the concrete is at least six (6) inches thick.
(6) Precast reinforced concrete pipes and box culverts and concrete cylinder pipes may be used above and below the design flood plane if the following conditions are met:
(A) Precast reinforced concrete pipe meets ASTM Specification C76-90, dated 1990 which is incorporated by reference.
(B) Precast reinforced concrete pipe joints and precast box culvert joints are encased in reinforced concrete cast-in-place against firm undisturbed earth.
(C) The cylinders of concrete cylinder pipes are welded and corrosion protected internally and externally.
(D) When installed below the design flood plane, precast reinforced concrete pipe and concrete cylinder pipe must be encased below the springline in concrete cast against undisturbed earth.
(7) Steel pipe may be used for all types of pipeline or conduit installations through a levee above the design flood plane if the pipe meets the following requirements:
(A) The steel pipe is resilient and not materially reduced in quality due to weathering, prior use or other deteriorating conditions.
(B) The steel pipe joints are butt-welded or threaded.
(C) The steel pipe installations are corrosion-proofed externally with a coating of material such as coal-tar enamel, asphalt-dipped wrap, mortar, PVC tape, or polyethylene tape wrapped to a thickness of thirty (30) mils, high solids epoxy, or equivalent.
(D) Unless a continuous internal lining of cement, mortar, or equivalent is provided, as appropriate for the fluid to be conveyed, new steel pipe installations may convey only non- corrosive material, and water is considered corrosive.
(E) Steel pipe installations must be designed to resist all anticipated loading conditions, and the design calculations must be submitted to the board. Steel pipe meeting the following criteria may be used without submittal of design calculations to the board:
(i) Twelve- (12) inches in diameter or less ten- (10) gauge steel pipe.
(ii) Greater than twelve- (12) inches and a maximum of thirty- (30) inches in diameter seven- (7) gauge steel pipe.
(iii) Greater than thirty- (30) inches and a maximum of forty-eight (48) inches in diameter three- (3) gauge steel pipe.
(h) The following materials are not allowed for pipelines or conduits used to carry natural gas or fluids:
(1) Aluminum pipe within a levee section or within ten (10) feet of levee toes.
(2) Cast iron pipe within a levee section or within ten (10) feet of levee toes.
(3) Pipe with flanges, flexible couplings, or other mechanical couplings within a levee section or within ten (10) feet of levee toes.
(4) Prestressed concrete pipe within a levee section or within ten (10) feet of levee toes.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8710 and 8712, Water Code.
HISTORY
1. New section and figures 8.04, 8.05 and 8.06 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0012
Embedded Graphic 23.0013
Embedded Graphic 23.0014
§124. Abandoned Pipelines and Conduits.
Note • History
(a) Abandoned pipelines, conduits, and all appurtenances (such as pumps, standpipes, or positive closure structures) that are located within a levee section, within the projected levee section, or within ten (10) feet of the levee toes shall be completely removed, when practical, and disposed of outside the floodway.
(1) When the invert of an abandoned pipeline or conduit within a levee is above the design flood plane elevation, the pipeline or conduit must be removed.
(2) An abandoned pipeline or conduit located within one (1) foot of the surface of the levee slope shall be removed.
(3) When the invert of an abandoned pipeline or conduit within a levee is six (6) feet or less below the design flood plane elevation, the board may require the removal of the pipeline or conduit.
(4) The side slopes of an excavation to remove an abandoned pipeline or conduit from within a levee must be one (1) foot horizontal to one (1) foot vertical or flatter.
(5) After any pipeline, conduit, or appurtenance is removed from a levee, approved backfill shall be keyed into the levee section with each lift and compacted in four- (4) to six- (6) inch layers with a relative compaction of not less than ninety (90) percent, per ASTM D1557-91, dated 1991, which is incorporated by reference and above optimum moisture content.
(6) Compaction tests by a certified soils laboratory will be required to verify compaction of backfill within a levee or within the projected levee section.
(b) Abandonment of pipelines and conduits within a floodway must be in a manner consistent with the following:
(1) After any pipeline, conduit or appurtenance is removed from a floodway, open-trench backfill must be placed in a manner consistent with the local conditions. Erosive stream reaches will require methods that compact the backfill to at least the density of that of adjacent soils. Compaction tests by a certified soils laboratory may be required to verify compaction within the floodway.
(2) Abandoned pipelines or conduits within the berm and within thirty (30) feet of the top of the streambank must not be filled with concrete but may be removed if exposed by bank erosion.
(c) If it is determined by the board that it is impractical or detrimental to the levee to remove an abandoned pipeline or conduit from a levee section, the pipeline or conduit must be completely filled with concrete.
(1) Concrete to be used to fill an abandoned pipeline or conduit must be a three- (3) sack cement mix, or equivalent, with aggregate having a maximum size of three-eighths (3/8) inch, and a water content sufficient to produce a six- (6) to eight- (8) inch slump.
(2) A detailed plan for filling an abandoned pipeline or conduit with concrete may be required to be submitted for approval by the board prior to start of work.
(3) A pipeline or conduit to be filled with concrete must have a minimum cover of three (3) feet below the waterward levee slope.
(4) See Figure 8.07 for illustrated details on sealing abandoned pipelines and conduits.
(d) Concrete pipes may be plugged with concrete at each end as an alternative to complete filling. The length of each plug shall be a minimum of two (2) feet or twice the diameter of the pipe, whichever is greater.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
HISTORY
1. New section and figure 8.07 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0015
Note • History
(a) Retaining walls within an adopted plan of flood control must comply with the following requirements:
(1) Retaining walls greater than three (3) feet in height must be designed by a licensed civil engineer.
(2) Retaining walls may be of reinforced concrete, concrete gravity section, or of equivalent material and durability.
(3) Retaining walls in the landside levee slope must have appropriate features that intercept seepage and prevent particle migration.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8606, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note • History
(a) Fences within a floodway, on a levee, or near a levee must conform to the following:
(1) Fences, walls, and similar structures are permitted within floodways if they do not obstruct floodflows or cause the accumulation of debris that would obstruct floodflows.
(A) Fences firmly anchored and constructed parallel to the streamflow are normally permitted.
(B) Fences not parallel to the streamflow shall be designed and constructed to not adversely affect stages and velocities.
(2) All fences parallel to a levee must be located a minimum distance of ten (10) feet off the levee toe.
(3) Fences crossing a levee, where permitted, must be installed at a right angle across the levee.
(4) Fences crossing a levee crown must have an opening a minimum of fourteen (14) feet in width or a suitable gate installed on the levee crown.
(5) After January 1, 1998, new fences that are designed to give way during high water events shall not be allowed on the water side of a levee. Fences proposed to be constructed after January 1, 1998 on the water side of a levee that are partially or wholly under water during high water events, and that are located within state maintenance areas within city limits under the jurisdiction of the board, shall be constructed so as to be removable by the permittee in segments during times of high water events as the water level rises up the levee. The permittee shall remove fence segments at its own expense during high water events so that no part of any fence on the water side levee slope is submerged.
(6) Where the distance between fences would be so close as to interfere unreasonably with levee inspection, maintenance and flood fight activities, the board may deny approval for additional fences.
(7) If, in the opinion of the board, a fence becomes unnecessary due to changes in location of public access points or construction of other fences, the permittee must remove the fence at the request of the board.
(b) Gates within a floodway or on a levee must conform to the following:
(1) The gate width on a levee crown must match or exceed the width of the levee crown with a minimum gate width of fourteen (14) feet. A gate width exceeding twenty (20) feet is normally not required. A gate width of twelve (12) feet may be allowed on levees within urban areas if the levee maintenance equipment and any agricultural equipment which must use the gates is less than twelve feet in width.
(2) Cable or chain gates are not permitted across a levee crown or across a levee access ramp.
(3) Gates shall be hinged, and constructed to provide for ease of operation, maximum longevity, and public safety.
(4) Gates may be opened by authorized Department of Water Resources and maintenance personnel and must remain open when required for levee inspections, maintenance, construction, high water patrol, and flood fight activities.
(5) Where the distance between gates would be so close as to unreasonably interfere with levee inspection and maintenance, the board may deny approval for additional gates.
(6) If, in the opinion of the board, a gate becomes unnecessary due to changes in location of public access points or construction of other gates, the permittee must remove the gate at the request of the board.
(7) Keys shall be provided to local the maintaining agency and the Department of Water Resources for all locks on gates providing access to the floodway, levee ramp, levee toe, and along the levee crown.
(c) If the board approves an activity or encroachment that directly or indirectly may result in future unauthorized encroachments (e.g., approving levee modifications associated with a new residential development adjacent to the levee), the board may require the permittee to construct a fence parallel to the levee at a distance of ten (10) feet from the landside levee toe. If a fence is required, it must conform to board standards.
(d) No fence, wall or other barrier may interfere with or preclude legal public access.
NOTE
Authority cited: Sections 8571 and 8709.3, Water Code. Reference: Sections 8608, 8609, 8709.3 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. New subsection (a)(5), subsection renumbering, and amendment of Note filed 2-13-98 as an emergency; operative 2-13-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-98 or emergency language will be repealed by operation of law on the following day.
3. New subsection (a)(5), subsection renumbering, and amendment of Note refiled 6-11-98 as an emergency; operative 6-11-98 (Register 98, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-9-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-11-98 order transmitted to OAL 10-2-98 and filed 11-16-98 (Register 98, No. 47).
Note • History
(a) The standards for construction of wharves, piers, docks, boat houses, ramps, and similar boating facilities, are as follows:
(1) Boat ramps may not be cut into the levee section, but may be cut into a berm or placed on a fill.
(2) Boating facilities must be properly anchored to prevent breakaway during floodflows. Acceptable anchoring methods are as follows:
(A) Driven piling must meet the following criteria:
(i) Timber piles must be a minimum of twelve (12) inches in diameter and must be pressure treated.
(ii) The elevation of the top of each pile must be a minimum of two (2) feet above the design flood plane.
(B) Concrete deadmen must meet the following criteria:
(i) The concrete deadman must be of sufficient size to restrain the boating facility and be a minimum of one (1) cubic yard of concrete.
(ii) The concrete deadman must be attached to the floating facility with a steel cable, or equivalent, of sufficient size to restrain the facility.
(3) All appurtenant facilities, including utilities and walkways, installed on or through a levee section to provide service to wharves, piers, or docks, must conform to the appropriate section of the standards.
(b) After each period of high water, all debris caught by a boating facility must be cleared and disposed of outside the limits of the floodway and levee section.
(c) In the event that levee or bank erosion injurious to the adopted plan of flood control occurs at or adjacent to a boating facility, the permittee of the boating facility is responsible for the repair of the eroded area, and for the placement of adequate revetment to prevent further erosion.
(d) Any existing levee revetment or bank revetment damaged during the construction or operation of a boating facility must be restored to its original condition by the permittee of the boating facility.
(e) The levee crown may not be used for parking boat trailers or motor vehicles except where there is adequate crown roadway width to provide twenty (20) feet of unobstructed clearance for two-way vehicular traffic.
(f) Boating materials, equipment or accessories may not be stored on levee slopes.
(g) Floatable boating materials, equipment, or accessories must be securely anchored when stored in the floodway during the flood season.
(h) Boating materials, equipment, or accessories may be stored on the levee crown if storage does not prevent adequate inspection and maintenance of the levee, does not obstruct flood fight procedures, and the following additional requirements are met:
(1) There is adequate levee crown roadway width to provide a minimum of twenty (20) feet of unobstructed clearance for two- way vehicular traffic.
(2) Where a public road or highway is on the levee crown, the design width of the roadway, including the roadway shoulders, must remain clear.
(3) Boating materials, equipment, or accessories may not be stored within fourteen (14) feet of the landward levee shoulder.
(4) Boating materials, equipment or accessories may be stored to within fourteen (14) feet of the waterward leve e shoulder provided the waterward levee slope is revetted to the standards in section 121.
(5) Boating materials, equipment, or accessories may not be stored within thirty (30) feet of the waterward levee shoulder of a levee having an unrevetted waterward slope.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Note • History
(a) The standards for construction or modification of bridges within an adopted plan of flood control are as follows:
(1) Any excavation within the levee section or near bridge supports within the floodway must be backfilled in four- (4) inch to six- (6) inch layers with approved material. The levee section must be compacted to a relative compaction of not less than ninety (90) percent per ASTM D1557-91, dated 1991, which is incorporated by reference and above optimum moisture content. Compaction within the floodway must be to the density of the adjacent undisturbed material.
(2) Compaction tests by a certified soils laboratory may be required to verify compaction.
(3) Bridge piers and bents within the floodway must be constructed parallel to the direction of streamflow.
(4) Bridge piers and bents placed within a floodway to support a widened portion of an existing bridge must be constructed in line with existing bents and piers.
(5) Erosion control may be required on the channel banks or levee slopes upstream and downstream of a proposed bridge.
(6) Drainage from a bridge or highway may not be discharged onto a levee section or streambank.
(7) Plans showing all construction facilities (such as temporary staging, coffer dams, and falsework) which will remain in a floodway during flood season, must be submitted to the board for approval prior to installation of these facilities.
(8) All construction facilities (such as temporary staging, coffer dams, and falsework) must be designed to prevent bank erosion during normal flows and to maintain maximum channel capacity during the flood season.
(9) Stockpiled material, temporary buildings, construction equipment, and detours that obstruct streamflows must be removed from floodways prior to the flood season.
(10)(A) The bottom members (soffit) of a proposed bridge must be at least three (3) feet above the design flood plane. The required clearance may be reduced to two (2) feet on minor streams at sites where significant amounts of stream debris are unlikely.
(B) When an existing bridge being widened does not meet the clearance requirement above the design flood plane, the bottom structural members of the added section may be no lower than the bottom structural members of the existing bridge, except as may be caused by the extension of existing sloped structural members.
(C) When the clearance requirement above design flood plane would result in bridge approach ramp fill in the floodway, the clearance requirement may be reduced to the extent that reasonably balances clearance and fill that would obstruct flow, so as to maintain maximum channel capacity.
(11)(A) Vehicular access from the roadway to the levee crown may be required at each end of a bridge.
(B) Vehicular access from the levee crown to the floodway and/or the landside levee toe beneath the bridge may be required. Ramps may slope upstream as necessary to provide the access required by this subdivision.
(12) Approved gates must be installed at right angles across the levee crown at all points of access to the levee from each end of a bridge.
(13) Any bridge abandoned or being dismantled must be completely removed, and must be disposed of outside the limits of the levee section and floodway.
(14) Pilings, piers, bents, and abutments of bridges being dismantled must be removed to at least one (1) foot below the natural ground line and at least three (3) feet below the bottom of the low water channel.
(15) Any bridge that is damaged to the extent that it may impair the channel or floodway capacity must be repaired or removed prior to the next flood season.
(16) Replacement railroad bridges must have the soffit members no lower than those of the replaced bridge, but are not required to have a specified amount of clearance above the design flood plane.
(17) Bridge replacements and new bridges shall be built at an elevation so that there is no depression in the crown of the levee.
(b) The standards for maintenance of bridges within an adopted plan of flood control are as follows:
(1) The area in and around a bridge site must be kept clear to maintain the design flow capacity.
(2) Trees, brush, sediment, and other debris must be kept cleared from the bridge site and be disposed of outside the limits of the floodway prior to the flood season.
(3) Any accumulation of debris during high flows must be immediately removed from a bridge site and disposed of outside the floodway.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§129. Water, Oil, and Gas Wells.
Note • History
(a) Water wells and any appurtenant structures must be located a minimum distance of ten (10) feet from a levee toe.
(b) Oil wells, gas wells, and any appurtenant structures must be located a minimum distance of thirty-five (35) feet from a levee toe.
(c) Access roads, foundation pads, and stockpiled excavated material within a floodway are normally limited to an elevation of three (3) feet above the natural ground. However, if it is determined by the board that such facilities constructed to the normal elevation would have an adverse effect on the flood- carrying capacity of the floodway, the allowable elevation shall be lower.
(d) Structures and fencing at well sites within the floodway are not permitted without approved hydraulic studies demonstrating that the proposed structure or fence would not impair the floodway.
(e) Permits for water wells require that a survey monument and a permanent bench mark must be installed at the waterside levee toe, as near to the well site as practical, to serve as a vertical control to monitor subsidence.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§130. Patrol Roads and Access Ramps.
Note • History
(a) The following definitions apply to this section:
(1) Access Ramps - “Access Ramps” mean those ramps that provide access to the levee crown from adjacent property and roads.
(2) Patrol Roads - “Patrol Roads” means those roads that provide vehicular access along levee crowns and flood channels for inspection, maintenance, and flood fighting.
(b) Patrol roads must meet the following criteria:
(1) Patrol roads must be surfaced with a minimum of four (4) inches of compacted, class 2 aggregate base (Caltrans Spec. 26-1.02A, July 1992) which is incorporated by reference, or equivalent.
(2) Patrol road surfacing material must be compacted to a relative compaction of not less than ninety (90) percent per ASTM D1557-91, dated 1991, which is incorporated by reference with moisture content sufficient to obtain the required compaction.
(3) Compaction tests by a certified soils laboratory may be required to verify compaction.
(4) Paved patrol roads must meet the design requirements for paved bicycle trails, section 132.
(5) Levee crown surfacing must meet the following additional requirements:
(A) Where the crown width is less than sixteen (16) feet, the minimum surfacing width must be ten (10) feet with a smoothly tapered transition to the edge of the levee shoulder.
(B) Where the crown width is sixteen (16) feet or more, the minimum surfacing width must be twelve (12) feet with a two (2) foot-wide taper at each edge of the surfacing.
(C) The crown roadway must be sloped a minimum of two- (2) percent.
(6) Any patrol road which has been excavated or damaged must be restored to its original condition.
(c) Access ramps are of two common types, head-on or side approach, and must meet the following criteria:
(1) Access ramps must be constructed of approved imported material.
(2) The surfacing for all access ramps must be the same as for patrol roads. Subdivisions (b)(1), (b)(2) and (b)(3) of this section also apply to access ramps.
(3) Any excavation made in a levee section to key the ramp to the levee must be backfilled in four- (4) to six- (6) inch layers with approved material and compacted to a relative compaction of not less than ninety (90) percent per ASTM D1557-91, dated 1991, and above optimum moisture content.
(4) Compaction tests by a certified soils laboratory may be required to verify compaction.
(5) All access ramps must be constructed in such a manner so as to direct all surface drainage away from the levee section.
(6) Approved gates must be installed across access ramps at locations where vehicular access by the public is possible.
(7) Side approach ramps must be used on the waterside levee slope.
(8) Side approach ramps on the waterward slope of the levee must slope downstream.
(9) Typical plans for each type of approach ramp with restrictions and requirements are shown on Figures 8.08 and 8.09.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
HISTORY
1. New section and figures 8.08 and 8.09 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0016
Embedded Graphic 23.0017
Note • History
(a) The following definitions apply to this section:
(1) Oversize levee. “Oversize levee” means a levee which encompasses the minimum oversized levee cross-section which has a width of thirty (30) feet at design freeboard elevation and standard levee slopes. (See Figure 8.10.)
(2) Standard size levee. “Standard size levee” means a levee which does not meet the requirements for an oversize levee.
(3) Standard levee slopes. “Standard levee slopes” means the landside levee slope is two (2) horizontal feet to one (1) vertical foot and the waterside levee slope is three (3) horizontal feet to one (1) vertical foot.
(b) Suitable vegetation, if properly maintained, is permitted within an adopted plan of flood control.
(c) Vegetation must not interfere with the integrity of the adopted plan of flood control, or interfere with maintenance, inspection, and flood fight procedures.
(d) With the exception of naturally occurring vegetation which the owner of the underlying land has no responsibility to maintain, any vegetation which interferes with the successful execution, functioning, maintenance or operation of the adopted plan of flood control, must be removed by the owner. If the owner does not remove such vegetation upon request, the board reserves the right to have the vegetation removed at the owner's expense.
(e) Tables 8.3 through 8.6 indicate common types of vegetation considered suitable and unsuitable for planting on levees. Other types of vegetation, not listed in Tables 8.3 through 8.6, may be approved if determined to be similar to listed suitable species or not detrimental to the integrity, operation, or maintenance of the adopted plan of flood control.
(f) Vegetation and vegetation maintenance standards for levees are as follows:
(1) Vegetation is not permitted on the levee crown roadway. Only properly maintained grasses or suitable ground covers are permitted on other portions of the levee crown.
(2) Vegetation growing on levee slopes but infringing onto the levee crown must be trimmed or sprayed to prevent interference with flood fight, maintenance, or inspection activities.
(3) Tree branches extending above the levee crown or above the area within ten (10) feet of the levee toe, must be pruned to maintain a minimum of twelve (12) feet vertical clearance above the levee crown and above the area within ten (10) feet of the levee toe.
(4) Tree branches above levee slopes must be pruned and maintained so that the distance from the levee slope to the lowest branches, measured normal to the levee slope, is a minimum of five (5) feet.
(5) Trees are not permitted on the crown or slopes of a standard size levee or within ten (10) feet of the toe of a standard or oversize levee. Planted trees must be set back a sufficient distance from the levee toe to conform with the requirements of subdivision (f)(3) of this section throughout the life of the tree.
(6) Trees are permitted on oversize levee slopes according to the following additional criteria:
(A) Trees considered suitable and unsuitable for oversize levees are listed in Tables 8.3 and 8.4 respectively.
(B) Trees which will exceed fifty (50) feet in height when mature are not permitted.
(C) Trees are permitted on the waterside levee slope of oversize levees up to a point five (5) vertical feet below the design flood plane.
(D) Trees that, in the judgment of the board, threaten to disturb revetment on levee slopes or interfere with maintenance must be removed.
(E) Fruit and nut trees are not allowed.
(7) Trees, vines, bushes, shrubs, or any other form of woody or herbaceous vegetation that grow in a dense form and prevent visual inspection of the levee slope and toe, produce fruit or nuts that attract burrowing rodents, or are thorny and could interfere with flood fight efforts, are not permitted on the levee or within ten (10) feet of the levee toe.
(8) Sod, grasses, perennial flowers, and other nonwoody ground covers are permitted on levee slopes and within ten (10) feet of the levee toe if the height of the vegetation does not exceed twelve (12) inches. Ground covers considered suitable and unsuitable on levee slopes and within ten (10) feet of the levee toe are listed in Tables 8.5 and 8.6, respectively. In areas where vehicular access is maintained along the levee toe, ground covers are generally not permitted.
For ground covers with specific maintenance requirements (see Table 8.5):
(A) The permittee is responsible for maintaining the ground cover at a height less than one (1) foot;
(B) The maintaining agency reserves the right to mow the groundcover without prior notification if the height exceeds one (1) foot;
(C) Any irrigation system for the ground cover must be designed to not interfere with mowing;
(D) Ground covers that are required by this subdivision to be mowed are generally allowed only on the upper twenty (20) feet of levee slope.
(9) Thick-stemmed, extremely dense or woody ground covers are not permitted on levee slopes or within ten (10) feet of the levee toe.
(10) Flower gardens where the height of the vegetation does not exceed twelve (12) inches and which are compatible with flood fight procedures, maintenance, and inspection programs are permitted within ten (10) feet of the levee toe.
(g) Vegetation and vegetation maintenance standards for floodways and bypasses are as follows:
(1) Vegetation is permitted within revetment on streambanks unless, in the judgment of the board, it becomes a threat to the integrity of the revetment.
(2) Invasive or difficult-to-control vegetation, whether naturally occurring or planted, that impedes or misdirects floodflows is not permitted to remain on a berm or within the floodway or bypass.
(3) The board may require clearing and/or pruning of trees and shrubs planted within floodways in order to minimize obstruction of floodflows.
(4) Trees and brush that have been cut down must be burned or removed from the floodway prior to the flood season.
(h) Orchards are not permitted within bypasses but may be planted within other floodways in accordance with the following criteria:
(1) If an orchard is abandoned, all trees must be removed and burned or disposed of outside the floodway prior to flood season.
(2) Trees or brush cut prior to planting an orchard must be removed and burned or disposed of outside the floodway prior to flood season.
(3) Orchard cuttings and any debris that may accumulate in the orchard during the flood season must be removed from the floodway, or must be disposed of in such a manner as to leave no floatable debris within the floodway. Cuttings and other debris must regularly be burned or removed and disposed of outside the floodway throughout pruning activities so as to leave no floatable debris within the floodway.
(4) Dead trees, stumps, prunings, or other agricultural debris may not be placed on the levee section or within ten (10) feet of the levee toe.
(5) Tree rows must be parallel to the direction of the overbank flow and may not direct the flow toward the levee.
(6) The spacing between rows must be a minimum of sixteen (16) feet perpendicular to the overbank flow of the stream. The row spacing must be increased if, in the judgment of the board, additional space is necessary for the passage of floodflows.
(i) Vegetable gardens are not permitted on the levee slope. Vegetable gardens may be permitted within ten (10) feet of the levee toe where they will not interfere with maintenance and inspection and meet the following conditions:
(1) No large bushy plants such as corn, tomatoes, grapes and peas are within ten (10) feet of the levee toe;
(2) There is not a maintenance access road along the levee toe;
(3) The adjacent levee slope is not sprayed with herbicide by the maintaining agency; and
(4) The levee is not experiencing burrowing rodent activity. If there is burrowing rodent activity in the immediate vicinity, the vegetable garden permittee shall control the rodents to the satisfaction of the Board or remove the garden.
(j) Irrigation of vegetation on levee slopes must conform to the following criteria:
(1) Permanently installed irrigation systems are permitted on both slopes of oversize levees and on the landside slope of standard size levees.
(2) Surface low pressure drip irrigation systems may be used on either the landside or waterside levee slope.
(3) Any water applied to vegetation on the levee slope by any means must be controlled to prevent erosion of the levee slope.
(4) Ditches may not be dug in the levee section, within ten (10) feet of the levee toe, or within the projected levee section for irrigation or drainage.
(5) Watering basins around trees must be limited to a maximum depth of twelve (12) inches.
(6) Permanently installed irrigation pipes may be buried but may be no deeper than eight (8) inches into the levee slope.
(7) A readily accessible shutoff or control valve is required in the supply line of all irrigation systems. The valve must be located a minimum of ten (10) feet landward of the levee toe and must be clearly identified for levee maintenance or flood fight personnel.
(8) Pipes supplying water to permanently installed sprinkler heads must be of approved material such as galvanized iron, schedule 40 polyvinyl chloride (PVC), class L copper, or equivalent. Aluminum pipe is not permitted.
(k) The board may permit, with appropriate conditions, existing nonconforming vegetation after considering a number of factors, including but not limited to:
(1) Age of vegetation;
(2) Type of vegetation;
(3) Location of vegetation;
(4) Size of vegetation;
(5) Physical condition of vegetation;
(6) Whether the vegetation was planted or is naturally occurring;
(7) Condition of the adopted plan of flood control;
(8) Environmental value of the vegetation; and
(9) Ability to inspect and maintain the levee around the vegetation.
(l) Trees removed from the levee and from within ten (10) feet of the levee shall have all roots larger than one- and one-half (1-1/2) inches in diameter removed for a distance of at least three (3) feet from the tree trunk at ground level and the hole filled with impervious soil compacted in four- (4) to six- (6) inch lifts. Compaction within the levee section shall be a relative compaction of not less than ninety percent (90%), per ASTM D1557-91, dated 1991, which is incorporated by reference. Outside of the levee section, the soil shall be compacted to at least the density of adjacent undisturbed material.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section, figure 8.10 and tables 8.2 through 8.5 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0018
Embedded Graphic 23.0019
Embedded Graphic 23.0020
*spp. = species
**Conifers whose normal mature height is 50 feet or less may be considered desirable under maintenance conditions that (1) protect the tree from drought, and (2) will assure proper pruning of the lower branches.
Embedded Graphic 23.0021
*spp. = species
**These species have specific requirements for being cut back or otherwise maintained on a regular basis depending on the species.
Embedded Graphic 23.0022
*spp. = species
Note • History
(a) It is the board's policy to permit the construction of paved and unpaved bicycle trails by public agencies on levees and within floodways under the board's jurisdiction, provided that the flood control purpose of the floodway facilities remains primary. Bicycle trails must meet the following general conditions:
(1) Where feasible, the bicycle trail must be located off of the levee.
(2) Repair or replacement of the bicycle trail that is damaged during an emergency flood fight procedure, routine maintenance, or any required improvement activity within an adopted plan of flood control must be made by, and at the sole expense of, the permittee or in accordance with an agreement for maintenance between the permittee and a public agency.
(3) The board and the local flood control maintaining agency retain the right to temporarily close the bicycle trail for improvement, maintenance, or during emergency flood fight activities.
(4) Bicycle trails within an adopted plan of flood control must be maintained to a level safe for bicycle traffic and acceptable to the local flood control maintaining agency and the Department of Water Resources.
(b) Bicycle trails on a levee section are permitted under the following conditions:
(1) The permittee shall defend, hold harmless, and indemnify the State of California and the local maintaining agency, and each of their boards, elected officials, officers, employees, and agents against all damages and claims of liability of whatever nature which arise from the use of the levee as a bicycle trail.
(2) The permittee must submit proposed use restrictions for the bicycle trail, and a plan for enforcement of the restrictions satisfactory to the board, prior to commencing construction. The restrictions, at a minimum, must restrict public access to the trail and to designated adjacent areas only, and must prohibit equestrian and motorized vehicle traffic, except as may be necessary for maintenance, restriction enforcement, and providing for public safety.
(3) The permittee must agree to bear the cost of any repairs to a flood control project facility that are made necessary by the presence or use of the bicycle trail.
(4) Paved bicycle trails constructed on the levee crown must have a minimum pavement width of twelve (12) feet and a minimum shoulder width of one (1) foot on each side of the pavement. The outer edges of the finished pavement may be no higher than the adjacent shoulders and the cross-section must be shaped and trimmed to produce a smooth transition from pavement to shoulder.
(5) Paved bicycle trails on the levee crown must be designed and paved to withstand a maximum load of 68,000 pounds from two consecutive sets of tandem axles. Soil tests may be required to determine design of the trail.
(6) The structural section of paved bicycle trails must consist of a minimum of six (6) inches of aggregate base beneath two (2) inches of asphalt concrete pavement, or equivalent, on a well compacted levee crown.
(7) The aggregate base shall extend beyond the pavement to allow drainage.
(8) The bicycle trail and all bicycle access ramps must be sloped to drain away from the levee crown.
(9) Bicycle access ramps on levee slopes must conform to the criteria set forth in the standards for access ramps in section 130.
(10) The bicycle trail may not be cut into the levee section but may be placed on fill along the levee slope provided it will not interfere with maintenance.
(11) The permittee must maintain the bicycle trail or provide evidence of agreement with a public agency for that agency to provide maintenance.
(12) The permittee may be required to prevent unauthorized vehicular access to bicycle trails by physical barriers, which must be removable to allow access for maintenance, inspection, and emergency vehicles. Vehicular access barriers will be secured by locks. Keys shall be provided to the Department of Water Resources and the local flood control maintaining agency.
(13) The permittee shall install permanent safety signs at all bicycle access points and at periodic intervals along the trail containing such language as:
Levee Maintenance Road
Watch for Patrolling Vehicles.
(14) The permittee shall install permanent signs at all bicycle access points to control unauthorized use of bicycle trails.
(c) Bicycle trails within a leveed floodway are permitted under the following conditions:
(1) The permittee must submit proposed use restrictions for the bicycle trail and a plan for enforcement of such restrictions satisfactory to the board, prior to commencing construction. The restrictions, at a minimum, must restrict public access to the trail and to designated adjacent areas only, and shall prohibit equestrian and motorized vehicle traffic, except as may be necessary for maintenance, restriction enforcement, and providing for public safety.
(2) The permittee must agree to bear the cost of any repairs to a flood control project facility that are made necessary by the presence or use of the bicycle trail.
(3) Bicycle trails must be constructed at natural ground level wherever possible, and all fills greater than three (3) feet in height must be supported by appropriate engineering studies.
(4) The permittee must maintain the bicycle trail or provide evidence of an agreement with a public agency for that agency to provide maintenance.
(5) The permittee is required to prevent unauthorized vehicular access to bicycle trails by physical barriers, which must be removable to allow access for maintenance, inspection, and emergency vehicles. Vehicular access barriers will be secured by locks. Keys shall be provided to the Department of Water Resources and the local flood control maintaining agency.
(6) The permittee must install permanent signs at all bicycle access points to control unauthorized use of bicycle trails.
(d) Paved bicycle trails within ten (10) feet of the landside levee toe must have appropriate features that intercept seepage and prevent particle migration.
NOTE
Authority: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§133. Supplemental Standards for Control of Residential Encroachments in Reclamation District 1000.
Note • History
These standards apply only to the construction, reconstruction, or repair of dwellings and associated improvements on the left bank waterward berm and waterward levee slope of the Sacramento River between levee miles 0.00 and 18.60, Unit 1, Reclamation District 1000. These standards supplement and, where in conflict with, supersede the standards in section 111 through section 137. While these standards are not specifically for commercial construction, in general, the principles in this section will apply to commercial development.
(a) The owner or permittee must maintain the waterward slope of the levee and the utilized area within the floodway of the Sacramento River in the manner required by Reclamation District 1000 or any other agency responsible for maintenance.
(b) The area between the waterward levee shoulder and the riverbank may be filled, provided the fill does not extend more than one hundred fifty (150) feet waterward from the centerline of the levee crown.
(c) Within the area located between the waterward levee shoulder and a point sixty-five (65) feet waterward from the centerline of levee, the following conditions apply:
(1) Where the area is less than one (1) foot above the design flood plane, driveways and ramps may be constructed at any orientation to the levee.
(2) Where the area is less than one (1) foot above the design flood plane, fences parallel to the levee must be an open type and constructed to provide for the unobstructed visual inspection of the levee slope and toe from the levee crown roadway.
(3) Where the entire area is at least one (1) foot above the design flood plane, no restrictions apply to fences, walls, and similar structures.
(4) Elevated walkways and driveways are permitted without elevation restrictions.
(d) Within the area beginning at a point sixty-five (65) feet waterward from the centerline of the levee and extending waterward a maximum of one hundred and fifty (150) feet from the centerline of the levee, the following conditions apply:
(1) Securely anchored fences and structures are permitted.
(2) Dwellings are permitted, if the finished floor level is at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(3) The finished floor level of any addition to an existing dwelling shall be at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(4) Dwellings and appurtenant structures are permitted within fourteen (14) feet of the top of the riverbank, provided the riverbank is revetted to board standards.
(5) Dwellings and appurtenant structures are not permitted within thirty (30) feet of the top of an unrevetted riverbank.
(e) Within the area beginning at a point one hundred and fifty (150) feet waterward from the centerline of the levee and extending waterward to the top of riverbank, the following conditions apply:
(1) Dwellings and fences are not permitted.
(2) Securely anchored structures that do not protrude above natural ground level may be allowed.
(3) Additions may be made to existing dwellings if the addition extends no farther into the floodway than the original dwelling.
(4) The finished floor level of any addition to an existing dwelling shall be at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
(f) Materials or equipment stored within the floodway must be securely anchored or removed prior to the flood season.
(g) Downed trees or brush and other floatable material of any kind are not permitted to remain within the floodway during the flood season.
(h) The board permit approving the construction of a dwelling shall run with the land, pursuant to a recorded document executed pursuant to section 16(f).
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8370, 8608 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§134. Supplemental Standards for The Yuba River - Daguerre Point Dam to Confluence with The Feather River.
Note • History
These standards are for dwellings and structures within the Yuba River floodway between Daguerre Point Dam and the confluence with the Feather River. These standards supplement and, where in conflict with, supersede the standards in sections 111 through 137.
(a) The following definition applies to this section:
(1) Permanent Dwelling - “Permanent Dwelling” means a dwelling that may be occupied throughout the year.
(b) The lower Yuba River flood channel is divided into Areas A, B, and C, as delineated on Figure 8.11. Area A is the flow area required to carry one hundred fifty thousand (150,000) cubic feet per second (cfs). Area A and Area B combined is the flow area required to carry two hundred thirty-five thousand (235,000) cfs. Area C is the remainder of the floodway within the flood control project levees. A map identifying the exact locations of Areas A, B and C, entitled “1995 Designated Floodway, Yuba River” is incorporated by reference into this regulation. The full-size map is available for inspection at the office of the board in Sacramento.
(c) Encroachments in Area A must conform to the general standards of this title, except that new dwellings for seasonal occupancy (as defined in section 113) and structures are not permitted.
(d) Encroachments in Area B must conform to the general standards of this title except that dwellings, structures, and mobile homes may be permitted in substantial areas of shallow flooding (water depth one (1) foot or less in a hundred-year flood) if they satisfy the requirements of subdivision (e) of this section and the requirements of section 113(d).
(e) Area C is considered a “zone B” as provided in section 113. Encroachments in Area C must conform to the general standards of this division, and in addition, meet the following requirements:
(1) The design flood plane for construction of permanent dwellings must correspond to the two hundred thirty-five thousand (235,000) cfs flow line or 100-year flood elevation, whichever is higher.
(2) New permanent dwellings are not permitted in Area C unless a safe evacuation route, satisfactory to the board, is available for the dwelling's residents.
(3) Roads that would be used to evacuate residents must be constructed to at least the one hundred fifty thousand (150,000 cfs flow line elevation, 100-year flood elevation, or at natural ground elevation, whichever is highest and may not unreasonably obstruct floodflows.
(4) The board may require the owner of a dwelling, pursuant to section 16, to execute an agreement in which the owner agrees to evacuate all residents and guests upon order of an authorized government official when flooding is forecasted for the area.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609, and 8710, Water Code.
HISTORY
1. New section and figure 8.11 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0023
§135. Supplemental Standards for Butte Basin.
Note • History
The standards apply to Butte Basin, as delineated on Figure 8.12 and partitioned into designated Areas B, C, D, E, and Reclamation District 1004. The basin's west boundary is the Sacramento River east bank project levee, and above the Ord Ferry area where there is no project levee, the boundary is the designated floodway of the Sacramento River adopted November 29, 1988. The east boundary is based on the wetted area of the 1970 flood. The north boundary is the Sacramento River designated floodway in the proximity of Murphy Slough and Golden State Island, and the south boundary is the Sacramento River between the city of Colusa and the Butte Slough outfall gates, a section of the Butte Slough levee in both Colusa and Sutter Counties, and Pass Road in Sutter County. These standards supplement and, where in conflict with, supersede the standards in section 111 through section 137.
(a) Approval from the board is required for any encroachment that could reduce or impede floodflows, or would reclaim any of the floodplain within Butte Basin.
(1) Encroachments in Reclamation District 1004 are not regulated by the board.
(2) The supplemental standards do not apply to that portion of Area E located north of the Butte-Sutter County line and its extension westward into Colusa County, and situated adjacent to the Sacramento River project levee where the natural ground level is higher than the 100-year flood elevation.
(3) Except where the activity would potentially affect a project levee or other project feature, the standards within sections 116, 122, 123, 124, 126, 127, 129, 130, 131, 132, and 137 do not apply to that portion of Area E located south of the Butte-Sutter County line and its extension westward into Colusa County.
(b) Approval from the board is not required for crop checks less than thirty-six (36) inches in height. In Areas B, C and D, all crop checks must be removed prior to flood season, unless they comply with the requirements of subdivisions (d), (e), and (f), respectively.
(c) Except where the activity would potentially affect a project levee or other project feature, approval from the board is not required for land leveling or grading, or for drainage and irrigation improvements in Areas C, D, and E that have a localized impact only and comply with subdivisions (e), (f), and (g) of this section.
(d) Within Area B, approval from the board is not required for any encroachment that is less than eighteen (18) inches in height above the natural ground level. However, any proposed encroachment within a slough or swale must be approved by the board. Area B extends southerly from Butte Basin's northerly boundary to a line located one thousand (1,000) feet southeasterly and lying parallel to the Parrott Grant line.
(e) Within Area C, approval from the board is not required for any encroachment less than thirty-six (36) inches in height above the natural ground level, and having a crest elevation less than seventy and one tenth (70.1) feet (NGVD). Area C is the area enclosed within a three- (3) mile radius measured from the center of Moulton Weir and limited by the southeasterly extensions of the north and south training levee alignments to the three- (3) mile arc.
(f) Within Area D, approval from the board is not required for any encroachment less than thirty-six (36) inches in height above the natural ground level and having a crest elevation less than fifty-four and nine tenths (54.9) feet (NGVD). Area D encompasses the Colusa Weir together with its outflow channel enclosed by training levees, and an overflow area extending to Butte Creek.
(g) Within Area E, approval from the board is not required for any encroachment less than thirty-six (36) inches in height above the natural ground level. The northern boundary of Area E is a line located one thousand (1,000) feet southeasterly of the south Parrott Grant line, and the southern boundary is formed by the Sacramento River between the city of Colusa and the Butte Slough outfall gates, a section of the Butte Slough levee in both Colusa and Sutter Counties, and Pass Road in Sutter County.
(h) Within that portion of Area E located south of Gridley Road, new and existing recreational structures, including caretaker, security, and dwellings for seasonal occupancy (as defined in section 113) may be permitted provided the finished floor level of the structure is at least two (2) feet above the design flood plane or two (2) feet above the 100-year flood elevation, whichever is higher.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section and figure 8.12 filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Embedded Graphic 23.0024
§136. Supplemental Standards for Yolo Bypass and Sutter Bypass.
Note • History
It is the board's policy to permit agricultural land use and the development of suitable wetlands within the Yolo Bypass and Sutter Bypass. The supplemental standards protect the flood control functions of the Yolo and Sutter Bypasses, safeguard existing agricultural land use, and control the development of proposed wetlands.
(a) Final detailed plans for all construction, grading and planting must be submitted to and approved by the board prior to the start of work.
(b) A detailed operation and maintenance plan must be submitted to and approved by the board prior to the start of work.
(c) A profile of the existing levee crown roadway and access ramps that will be utilized for access to and from the construction area must be submitted to the board prior to the start of work.
(d) Any damage to the levee crown roadway or access ramps attributable to the construction or maintenance of croplands or wetlands must be promptly repaired by the permittee.
(e) The planting of vegetation or the impoundment of water is not permitted within one thousand (1,000) feet of the Fremont Weir structure.
(f) The planting of vegetation or the impoundment of water shall not be permitted in any area where there could be an adverse hydraulic impact.
(g) Irrigated and nonirrigated pastures and croplands are allowed without permit from the board when consistent with the board's flowage easements.
(h) The planting of vegetation is generally permitted for the development of native marsh, riparian vegetation, and wetlands.
(i) Rooted vegetation and aquatic beds of floating (nonrooted) or submerged vegetation are generally permitted to be established in ponded water.
(j) The depth of ponded water must be controlled to prevent the growth of unauthorized vegetation that could adversely affect the operation of the flood control project.
(k) No permanent berms or dikes are permitted above natural ground elevation without a detailed hydraulic analysis except where otherwise expressly provided for in reservations contained in easement deeds to the Sacramento and San Joaquin Drainage District.
(l) Required maintenance may include removal, clearing, thinning, and pruning of all vegetation directly or indirectly resulting from the permitted project.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§137. Miscellaneous Encroachments.
Note • History
The following standards are to be used as a guide in making application to the board for miscellaneous encroachments. Not all possible miscellaneous encroachments, the number being unlimited, are listed. Those listed are typically the type proposed by residents within an adopted plan of flood control, and those necessary because of governmental requirements.
(a) Tanks used for storage of water or other liquids are not permitted within a levee section or within ten (10) feet of the levee toe. If placed within the floodway, or if placed in the projected levee section and within twenty-five (25) feet of the levee toe, a permit is required.
(b) Landside water retention basins must be located outside of the projected levee section and a minimum distance of twenty- five (25) feet from the levee toe plus any additional distance that may be determined to be required to control seepage.
(c) Steps for access on levee slopes must conform to the following criteria:
(1) Steps must be constructed of material resistant to deterioration. Acceptable materials include, but are not limited to, concrete, masonry, stone, pressure treated lumber, iron, and steel.
(2) Steps constructed on the waterward levee slope must be properly anchored to prevent movement during high water.
(3) Excavation in the levee slope made for the construction of steps may not exceed twelve (12) inches in depth.
(4) Steps must be constructed flush with the levee slope.
(5) Handrails are not permitted on steps if they interfere with levee maintenance unless they are required by law.
(6) Handrails, where permitted on waterward levee slopes, shall be designed to give way when subjected to debris loading.
(7) The permittee is responsible for the maintenance of steps and handrails.
(8) Revetment on a levee slope or streambank that is destroyed or disturbed during the construction of steps must be restored to its original condition by the permittee.
(d) Horizontal (elevated) access ways, with or without handrails, are permitted above the landside and waterward slopes of the levee if they do not interfere with levee maintenance and conform to the following criteria:
(1) Horizontal access ways may not exceed four (4) feet in width unless the levee slope immediately beneath the access way is revetted to board standards.
(2) The bottom of the stringers of horizontal access ways above the waterward levee slope must be a minimum of three (3) feet above the design flood plane elevation.
(3) Handrails on access ways may not extend onto the levee crown.
(4) On a levee where the crown is less than fourteen (14) feet in width, handrails must be a minimum of seven (7) feet from the centerline of the levee.
(5) Access way supports, or piers, must be constructed so as to minimize the possibility of trapping and accumulating floating debris.
(6) Revetment on a levee slope or streambank that is destroyed or disturbed during the construction of a walkway must be restored to its original condition by the permittee.
(7) Maintenance of an access way and the adjacent levee slope is the responsibility of the permittee, and any erosion of the levee slope must be promptly repaired.
(e) Mailboxes, when required by the U.S. Postal Service, are permitted on a levee section and must be placed at the extreme outer edge of the levee crown. If the levee crown is less than fourteen (14) feet in width, the mailbox must be a minimum of seven (7) feet from the centerline of the levee.
(f) Traffic control signs, directional or informational signs, and signs providing for public safety are permitted on a levee slope or on the edge of a levee crown.
(g) Bus shelters are permitted on a levee section where sufficient area is available for safe operation of vehicles, and the bus shelter is at least seven (7) feet from the centerline of the levee.
(h) Livestock grazing on levee slopes shall be controlled to prevent overgrazing and the development of livestock trails.
(i) The storage of materials or equipment, unless securely anchored, downed trees or brush, and floatable material of any kind are not allowed within a floodway during the flood season as defined in Table 8.1.
(j) Structures and the storage of material or equipment are not permitted on levee slopes.
(k) Structures, materials, and equipment may be placed on the levee crown if they do not prevent inspection and maintenance of the levee, obstruct floodfight procedures, and the following additional requirements are met:
(1) There is adequate levee crown width to provide a minimum of twenty (20) feet of unobstructed clearance for two-way vehicular traffic.
(2) Where a public road or highway is on the levee crown, the design width of the roadway including the roadway shoulders must remain clear.
(3) Materials or equipment may not be stored within fourteen (14) feet of the landward levee shoulder.
(4) Materials or equipment may be stored to within fourteen (14) feet of the waterward levee shoulder provided the waterward levee slope is revetted to board standards.
(5) Materials or equipment may not be stored within thirty (30) feet of the waterward levee shoulder of an unrevetted levee.
(l) Seismic surveys near a levee or within a floodway must meet the following criteria:
(1) Horizontal shear energy sources may not be used on any levee section or within fifty (50) feet of the levee toe. In areas having soils especially susceptible to damage, a more stringent control may be required.
(2) Energy charges for surveys must be a minimum distance of two hundred (200) feet from the levee toe.
(3) Energy charges for surveys must not exceed one (1) pound of charge per one hundred (100) feet of distance from the levee toe.
(4) Electrical cables used in seismic surveys may not interfere with periodic inspections and maintenance of flood control facilities or with flood fight procedures.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§138. Identification of Limits of Flood Control Works.
Note • History
(a) The board may identify the limits of the adopted plan of flood control or flood control works for purposes of establishing the area within the board's jurisdiction that it actively regulates when:
(1) The point of intersection of the levee slope and natural ground cannot readily be determined, therefore, the existing levee toe cannot otherwise be defined in accordance with Title 23 Cal Code Regs. Section 4(s).
(2) Features or facilities are proposed to be added that may interfere with the integrity or proper functioning of the adopted plan of flood control.
NOTE
Authority cited: Section 8571, Water Code. Reference: Sections 8608, 8609 and 8710, Water Code.
HISTORY
1. New section filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Article 9. Regulations for Implementation of the California Environmental Quality Act
Note • History
These regulations are adopted by The Reclamation Board pursuant to Public Resources Code section 21082 to implement, interpret, and make specific those provisions of the California Environmental Quality Act which supplement the requirements of the regulations promulgated by The Secretary of the Resources Agency (Title 14, California Code of Regulations, commencing with Section 15000, hereinafter referred to as the “CEQA Guidelines”).
NOTE
Authority cited: Section 21082, Public Resources Code; Section 8571, Water Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New article 9 (sections 190 through 193) and section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§191. Incorporation of California Environmental Quality Act Guidelines.
Note • History
(a) The CEQA Guidelines are hereby incorporated by reference as if fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given them in the CEQA Guidelines, unless the context clearly requires a different meaning.
NOTE
Authority cited: Section 21082, Public Resources Code; Section 8571, Water Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§192. Fees for Preparation of Negative Declaration or EIR.
Note • History
(a) The board may charge and collect a reasonable fee from an applicant proposing a project for which the board must prepare an environmental impact report (EIR) or initial study and negative declaration. The fee will be an amount which will cover the costs incurred by the board or the department in preparing such EIR or initial study or negative declaration, and for procedures necessary to comply with CEQA.
(b) Where the board will charge a fee for the preparation of an EIR or initial study and negative declaration, it shall collect a deposit as provided in Section 503 of this title which is incorporated by reference.
(c) The board shall separately account for the deposit collected and the charges thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. A final accounting shall be rendered by the board after the final EIR or negative declaration is considered and adopted or when the environmental review is otherwise terminated.
(d) If the final accounting shows that the deposit exceeds the actual costs incurred by the board, the excess shall be refunded. If the actual costs exceed the amount of the deposit, the project proponent shall be billed and pay the difference.
(e) The board may adjust or waive deposits or fees for minor projects.
NOTE
Authority cited: Section 21082, Public Resources Code; Section 8571, Water Code. Reference: Section 21089, Public Resources Code.
HISTORY
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§193. Categorically Exempt Activities.
Note • History
In compliance with the requirements of the CEQA Guidelines, the following list of categorically exempt activities of the board has been established. This list is subject to the limitations on categorical exemptions set forth in the provisions of the state CEQA Guidelines. This list does not preclude categorical exemptions for other activities pursuant to CEQA or the CEQA Guidelines.
(a) Class 1 consists of operation, maintenance, or minor alteration of the following facilities where there is negligible or no expansion beyond that previously existing:
(1) Project works and related facilities;
(2) Nonproject levees and related facilities;
(3) Other flood control works which are the statutory responsibility of the department or which are the responsibility of the department as a “maintenance area;
(4) Flood control works of agencies with which the board has a local cooperation agreement, local cost sharing agreement or similar agreement;
(5) Existing encroachments.
(b) Class 2 includes replacement or reconstruction of existing structures and facilities where necessary at the facilities listed in Class I.
(c) Class 3 includes the location and construction of minor accessory structures and the installation of new equipment where necessary at the facilities listed in Class I.
(d) Class 4 includes approval of minor public or private alterations to land, or vegetation not involving the removal of mature and scenic trees, where necessary at the facilities listed in Class I.
(e) Class 5 includes the approval of minor encroachment permits, licenses, board designation of floodways pursuant to Water Code section 8609, and any board approval of existing encroachments.
(f) Class 6 includes the collection of basic data, research and experiments carried out by the board or Department, their officers and employees, which are necessary for planning and feasibility studies, investigations and preparation of environmental documents.
(g) Class 9 includes the inspection of the facilities listed in Class I and other approved encroachments or existing nonconforming encroachments.
(h) Class 12 includes the sale or exchange of surplus property, as limited by the CEQA Guidelines. Class XII also includes the issuance or grant of a license, lease, easement, or agreement pursuant to section 19.
(i) Class 13 includes acquisition of land for fish and wildlife conservation or mitigation purposes where the land will be preserved in its natural condition or where the habitat will be enhanced for fish and wildlife purposes.
(j) Class 14 includes acquisition, sale, or transfer of land for park or similar purposes as limited by the CEQA Guidelines.
(k) Class 21 includes the enforcement of the orders, terms, or conditions of approvals or permits of the board.
(l) Class 25 includes acquisition or transfer of land that will preserve open space as limited by the CEQA Guidelines.
NOTE
Authority cited: Section 8571, Water Code; and Section 21082, Public Resources Code. Reference: Section 21080.1 and 21082, Public Resources Code; Sections 8361 and 12878.21, Water Code; Title 14, California Code of Regulations, Sections 15300.4, 15301, 15302, 15303, 15304, 15305, 15306, 15309, 15312, 15313, 15314, 15321, 15325.
HISTORY
1. New section and appendix A filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment relocating appendix A to new article 10 filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
Article 10. Appendices
APPENDIX A
STATE OF CALIFORNIA
THE RESOURCES AGENCY
THE RECLAMATION BOARD
1416 Ninth Street, Room 455-8
Sacramento, California 95814
Telephone: (916) 653-5726
FAX (916) 653-5805
GENERAL INFORMATION
REGARDING APPLICATIONS FOR ENCROACHMENT PERMITS
These instructions will provide you with information on how to prepare your application for a Central Valley Flood Protection Board encroachment permit.
Approval by the Board is required for projects or uses which encroach into rivers, waterways, and floodways within and adjacent to federal and State authorized flood control projects and within designated floodways adopted by the Board. You must obtain Board approval before you begin certain uses or construction work on any proposed project within these areas.
The Board exercises jurisdiction over the levee section, the waterward area between project levees, a strip of land adjacent to the landward levee toe which is at least 10 feet wide, areas within 30 feet of the top of the banks of unleveed project channels, and within designated floodways adopted by the Board. Activities outside of these limits which could adversely affect the flood control project are also under Board jurisdiction. Maps of designated floodways are available for inspection at the Board's office in Sacramento, city and county planning or public works departments, and county recorders' offices. Questions relative to proposed projects or uses which may require Board approval should be directed to The Central Valley Flood Protection Board, 3310 El Camino Avenue, Room LL40, Sacramento, California 95821, or telephone (916) 574-0609.
Four copies of the completed application and drawings, one completed copy of the Environmental Questionnaire, and any other environmental documents must be submitted. The application must be made on forms provided by the Board and must contain the following information:
1. A concise description of the proposed project or use.
2. The county, section, township, range, and the base and meridian in which the proposed project or uses are located.
3. The name, address, telephone number, and FAX number (if any) of the applicant.
4. An endorsement must be obtained from the reclamation, levee, or flood control agency responsible for levee maintenance. Special conditions may be added to the permit at the request of the agency. If the maintaining agency delays or declines to endorse the application, it may be submitted to the Board without endorsement with a written explanation as to why the application was not endorsed by the maintaining agency.
5. A current list of the names and addresses of all the adjacent property owners.
6. If applicable, provide the name and address of the Lead Agency responsible for preparing environmental documentation regarding the proposed project as required by the California Environmental Quality Act of 1970. The environmental questionnaire provided by the Board must be completed and submitted as part of your application.
7. Four copies of exhibits and drawings depicting the project or use.
8. At least two color photographs (polaroids or snapshots are acceptable) showing different views of the project site. Include captions which explain what the photograph is depicting.
9. The name and address of the owner of the proposed project or use if different from the person filing the application.
10. The name and address of the owner of the property on which the proposed project is located.
You should include with your application any additional information that would be helpful in evaluating your proposed project or use.
The application must be signed and dated.
Your completed application may be mailed or delivered in person to:
The Central Valley Flood Protection Board
Attention: Floodway Protection Section
3310El Camino Avenue, Room LL40
Sacramento, California 95821
The Board has adopted standards for work which encroaches into the area under its jurisdiction. Copies of the standards are available upon request. A typical levee cross section and terminology are presented in Exhibit 1.
Minimum Requirements and Format for Drawings
1. The following information is required to evaluate the work described in your application. Additional information may be required depending upon the nature of the project.
A. The title block of each sheet should identify the proposed activity and include the name of the applicant, number of the sheet, total number of sheets in the set, and date the drawing was prepared.
B. The name of the stream, river mile, scale, north arrow, datum reference, and other information as required.
C. The exact location of the proposed project in relation to identifiable landmarks.
D. Plan and elevation views of the proposed project or use and the proximity of the proposed project or use in relation to existing facilities, property lines, levees, streams, etc.
E. Drawings of levee cross sections or profiles must indicate the elevations of levee crowns, toes, low-water surface, and design flood plane. These drawings should include horizontal and vertical scales and must be referenced to a known elevation datum.
2. Please use the following format:
A. Prepare the drawings on 8-1/2-by-11-inch sheets (when possible) in accordance with the general format depicted in Exhibits 2, 3, and 4.
B. Allow a 1-inch binding margin on the top side of each sheet.
C. Because additional copies of the drawings may have to be reproduced photographically, color shading cannot be used. Drawings must show shading as dot shading, cross hatching, or similar graphic symbols.
Application Processing
Upon receipt of an application, a general review is made to determine if it is adequately complete to begin processing. If the application is found to be complete, it will be assigned a number and a letter will be sent to the applicant acknowledging receipt of the application. The Board will send a notice of the pending application to the adjacent property owners. If, during the review process, the application is found to be incomplete, it will be returned or the applicant will be advised by letter of the deficiencies in the application. If these deficiencies are not corrected within a reasonable time limit, processing of the application will be terminated.
The applicant may be notified of a need for additional studies.
A copy of the application is sent to the U.S. Army Corps of Engineers for review and comment.
The Board staff performs some level of environmental review of the potential impacts of the proposed project or use.
The project or use described in the permit issued on each approved application is subject to 12 general conditions. A number of special conditions may be added to the approved permit depending on the nature of the proposed activity.
Applications which must be considered by the Board are placed on the agenda of the next regular Board meeting. The applicant and all interested parties are notified of the meeting and may appear and present their views to the Board for its consideration. After an application has been approved by the Board, any requests for revisions to the proposed or completed project which have not been approved by the Board must be submitted in writing to the Board for approval. Revised applications are processed in the same manner as new applications.
Acceptance of a Permit
You must notify the Department of Water Resources fourteen (14) calendar days before construction begins by mailing the pre-addressed start card furnished by the Board when the permit is issued. This card will contain the current address and telephone number of the Department of Water Resources' Flood Project Inspection Section which provides inspection services on behalf of the Board. The beginning of any work described in the permit constitutes acceptance by the applicant that work will be done in compliance with the general and special conditions listed in the permit.
Inquiries about procedures or other details may be made in person or by correspondence to The Central Valley Flood Protection Board, Attention: Permitting Section, 3310 El Camino Avenue, Room 151, Sacramento, California 95821; phone: (916) 574-0609, website: www.cvfpb.ca.gov, and email: cvfpbquestions@water.ca.gov. Please include the Board's application number when inquiring about an application.
Embedded Graphic 23.0025
Embedded Graphic 23.0026
Embedded Graphic 23.0027
Embedded Graphic 23.0028
STATE OF CALIFORNIA
THE RESOURCES AGENCY
THE CENTRAL VALLEY FLOOD PROTECTION BOARD
SAMPLE 00000 GM SAMPLE
PERMIT NO.
This Permit is issued to:
Mr. John Doe
John Doe Irrigation District
1234 Any Street
Anywhere, California 00000
To install a 60-inch-diameter water pipeline within a 78-inch-diameter casing and a 24-inch-diameter water pipeline within a 42-inch-diameter casing under Any Stream. The project is located in the City of Anywhere approximately 1,400 feet upstream from The Road. Section 00, TOS, ROOE, M.D.B.&M., Any Stream, Sacramento County
NOTE: Special Conditions have been incorporated herein which may place limitations on and/or require modification of your proposed project described above.
The Central Valley Flood Protection Board, on the ___________________________________________ day of _________________________,
20 ____, approved this application and the plans attached thereto. Permission is granted to proceed with the work described in this application, which is incorporated herein by reference, subject to the following General and Special Conditions.
(SEAL)
Dated:
Executive Officer
GENERAL CONDITIONS:
ONE: This permit is issued under the provisions of Sections 8700 - 8723 of the Water Code.
TWO: Only work described in the subject application is authorized hereby.
THREE: This permit does not grant a right to use or construct works on land owned by the Sacramento and San Joaquin Drainage District or on any other land.
FOUR: The approved work shall be accomplished under the direction and supervision of the State Department of Water Resources, and the permittee shall conform to all requirements of the Department and The Central Valley Flood Protection Board.
FIVE: Unless the work herein contemplated shall have been commenced within one year after issuance of this permit, the Board reserves the right to change any conditions in this permit as may be consistent with current flood control standards and policies of The Central Valley Flood Protection Board.
SIX: This permit shall remain in effect until revoked. In the event any conditions in this permit are not complied with, it may be revoked on fifteen (15) calendar days' notice.
SEVEN: It is understood and agreed to by the permittee that the start of any work under this permit shall constitute an acceptance of the conditions in this permit and an agreement to perform work in accordance therewith.
(over)
EIGHT: This permit does not establish any precedent with respect to any other application received by The Central Valley Flood Protection Board.
NINE: The permittee shall, when required by law, secure the written order or consent from all other public agencies having jurisdiction.
TEN: The permittee is responsible for all personal liability and property damage which may arise out of failure on the permittee's part to perform the obligations under this permit. If any claim of liability is made against the State of California, or any departments thereof, the United States of America, a local district or other maintaining agencies and the officers, agents or employees thereof, the permittee shall defend and shall hold each of them harmless from each claim.
ELEVEN: The permittee shall exercise reasonable care to operate and maintain any work authorized herein to preclude injury to or damage to any works necessary to any plan of flood control adopted by the Board or the Legislature, or interfere with the successful execution, functioning or operation of any plan of flood control adopted by the Board or the Legislature.
TWELVE: Should any of the work not conform to the conditions of this permit, the permittee, upon order of The Central Valley Flood Protection Board, shall in the manner prescribed by the Board be responsible for the cost and expense to remove, alter, relocate, or reconstruct all or any part of the work herein approved.
SPECIAL CONDITIONS:
THIRTEEN: That all work shall be in accordance with the submitted drawings and specifications dated December 1991 except as modified by special permit conditions herein. No further work, other than that covered by this permit, shall be done in the area without the prior approval of The Central Valley Flood Protection Board.
*FOURTEEN: That in the event trees and brush are cleared, they shall be completely burned or otherwise removed from the overflow area of Dry Creek, and no downed trees or brush shall be allowed to remain in the floodway during the flood season between November 1 and April 15.
*FIFTEEN: That no excavation shall be made or allowed to remain in the creek banks between November 1 and April 15.
SIXTEEN: That the backfill material for the bore pit and receiving pit excavation shall be placed in layers and compacted to a density equal to that of the adjacent undisturbed material.
SEVENTEEN: That the work area shall be restored to at least the same condition that existed prior to commencement of work.
EIGHTEEN: That the permittee shall assume all responsibility for protection, relocation, or removal of the permitted project works if required by the Board.
NINETEEN: That the applicant shall provide inspection services acceptable to the Board. A civil engineer registered in the State of California shall certify that all work was thoroughly inspected and performed in accordance with the submitted plan drawings, specifications, and permit conditions.
*November 1 to July 15 depending on location of stream.
Embedded Graphic 23.0029
Embedded Graphic 23.0030
ENVIRONMENTAL ASSESSMENT QUESTIONNAIRE
FOR APPLICATIONS FOR RECLAMATION BOARD ENCROACHMENT PERMITS
This environmental assessment questionnaire must be completed for all Reclamation Board applications. Please provide an explanation where requested. Incomplete answers may result in delays in processing permit applications. Failure to complete the questionnaire may result in rejection of the application.
1. Has an environmental assessment or initial study been made or is one being made by a local or State permitting agency in accordance with the California Environmental Quality Act?
Yes No . If yes, identify the Lead Agency, type of document prepared or which will be prepared, and the State Clearinghouse number:
2. Will the project require certification, authorization or issuance of a permit by any local, State, or federal environmental control agency?
Yes No . List all other governmental permits or approvals necessary for this project or use, including U.S. Army Corps of Engineers' 404 and Section 10 permits, State Water Quality Certification, Department of Fish and Game 1600 agreement, etc. Attach copies of all applicable permits.
3. Give the name and address of the owner of the property on which the project or use is located.
4. Will the project or use require issuance of a variance or conditional use permit by a city or county?
Yes No . Explain:
5. Is the project or use currently operating under an existing use permit issued by a local agency?
Yes No . Explain:
6. Describe all types of vegetation growing on the project site, including trees, brush, grass, etc.
7. Describe what type of wildlife or fish may use the project site or adjoining areas for habitat, food source, nesting sites, source of water, etc.
8. Has the Department of Fish and Game, U.S. Fish and Wildlife Service, or National Marine Fisheries Service been consulted relative to the existence of, or impacts to, threatened or endangered species on or near the project site?
Yes No . Explain:
9. Will the project or use significantly change present uses of the project area?
Yes No . Explain:
10. Will the project result in changes to scenic views or existing recreational opportunities?
Yes No . Explain:
11. Will the project result in the discharge of silt or other materials into a body of water?
Yes No . Explain:
12. Will the project involve the application, use, or disposal of hazardous materials?
Yes No . If yes, list the types of materials, proposed use, and disposal plan. Provide copies of all applicable hazardous material handling plans.
13. Will construction activities or the completed project generate significant amounts of noise?
Yes No . Explain:
14. Will construction activities or the completed project generate significant amounts of dust, ash, smoke, fumes, or odors?
Yes No . Explain:
15. Will the project activities or uses involve the burning of brush, trees, or construction materials, etc.?
Yes No . Explain, and identify safety and air pollution control measures:
16. Will the project affect existing agricultural uses or result in the loss of existing agricultural lands?
Yes No . Explain:
17. Have any other projects similar to the proposed project been planned or completed in the same general area as the proposed project?
Yes No . Explain and identify any other similar projects:
18. Will the project have the potential to encourage, facilitate, or allow additional or new growth or development?
Yes No . Explain:
19. Will materials be excavated from the floodplain?
Yes No .
THE REMAINING QUESTIONS MUST ONLY BE ANSWERED IF THE ANSWER TO QUESTION NO. 19 WAS “YES.” IF THE ANSWER TO QUESTION NO. 19 WAS “NO,” YOU DO NOT NEED TO COMPLETE THE REMAINING QUESTIONS.
A. What is the volume of material to be excavated?
Annually Total
B. What types of materials will be excavated?
C. Will the project site include processing and stockpiling of material on site?
Yes No . Explain:
D. What method and equipment will be used to excavate material?
E. What is the water source for the project?
F. How will waste materials wash water, debris, and sediment be disposed of?
G. What is the proposed end land use for the project site?
H. Has a reclamation plan been prepared for this site in accordance with the Surface Mining and Reclamation Act of 1975?
Yes No . If yes, please attach a copy.
HISTORY
1. Amendment relocating appendix A from following section 193 to new article 10 filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
2. Amendment of General Information Regarding Applications for Encroachment Permits and Sample Permit filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
Division 1.5 Flood Plain Management (Department of Water Resources and Reclamation Board)
Article 1. General Provisions
Note • History
These regulations are adopted as an aid to carrying out the provisions of the Cobey-Alquist Flood Plain Management Act. Recognizing that flood plain regulations are justified only in areas subject to flood hazard, the Department or the Board shall construe neither these regulations nor the Act as requiring restrictions on the use of lands which are not subject to such flood hazard.
NOTE
Authority cited for joint filing of new Chapter 1.5 by Department of Water Resources and Reclamation Board: Section 8415, Water Code. Reference: Sections 8400 et seq., Water Code.
HISTORY
1. New Chapter 1.5 (§§ 200-203, 211-215, 220-222, 230-233, 240-242) filed 5-2-67 by Department of Water Resources and Reclamation Board jointly on 5-2-67; effective thirtieth day thereafter (Register 67, No. 18).
History
As used in these regulations the terms listed below shall have the meanings noted:
(a) (Reserved)
(b) (Reserved)
(c) (Reserved)
(d) Design Flood. “Design Flood” shall mean the selected flood against which protection is provided, or eventually will be provided, by means of flood protective or control works. When a federal survey has been authorized the design flood will be determined by the appropriate federal agency, and in all other cases, it will be determined by the responsible local agency. It is the basis for design and operation of a particular project after full consideration of flood characteristics, frequencies, and potentials, and economic and other practical considerations.
(e) Designated Floodway. “Designated floodway” shall mean the channel of the stream and that portion of the adjoining flood plain required to reasonably provide for the construction of a project for passage of the design flood, including the lands necessary for construction of project levees.
(f) (Reserved)
(g) Flood Plain. “Flood plain” shall mean the relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, ocean, lake, or other body of standing water, which has been or may be covered by floodwater.
(h) Adjoining Flood Plain. “Adjoining flood plain” shall mean that portion of the flood plain contiguous to a particular river, stream, watercourse, or other body of water which might reasonably be expected to flood at depths or velocities which could endanger life or where encroachment upon which could significantly restrict the carrying capacity of the floodway under conditions resulting from a design flood. For streams traversing alluvial cones, the “adjoining flood plain” for purposes of these rules and regulations shall be construed to refer only to the existing active stream channel area and the immediately adjoining active overflow area.
(i) Appropriate Public Agency. “Appropriate public agency,” as that term is used in Water Code Section 8411, shall mean any city, city and county, county, or other public agency organized, existing, and acting pursuant to the laws of this State, which is authorized under the laws of this State to exercise the police power to establish flood plain regulations within its jurisdiction.
(j) Federal Agency. “Federal agency” shall mean any agency of the Federal Government which is responsible under federal law for construction of a flood control project.
(k) Completion of a Federal Project Report.
(1) A federal project report is considered complete, except for small flood control projects (United States Corps of Engineers) and small watershed projects (United States Soil Conservation Service), when it is transmitted to the Congress of the United States for project authorization.
(2) A report on a small flood control project is considered complete when the final project report is approved by the Chief of Engineers.
(3) A report on a small watershed project is considered complete when the small watershed plan is approved by the State Conservationist of the United States Soil Conservation Service.
(l) Act. “Act” shall mean the Cobey-Alquist Flood Plain Management Act as set forth in Chapter 4 (commencing with Section 8400) of Part 2 of Division 5 of the California Water Code, and any and all amendments made or which may hereafter be made thereto.
HISTORY
1. Amendment of subsections (d) and (l) filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
2. Order of Repeal of subsections (a-c) and (f) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Official records of the Department or Board may not be taken from the custody thereof, but access thereto and inspection thereof will be permitted during regular office hours and copies will be made and certified as required, the expense thereof to be borne by the person requiring the same.
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Notification of Need for Regulations
History
This article outlines the procedure that the Department and the Board will follow to notify public agencies to establish necessary flood plain regulations.
HISTORY
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
Public agencies will be notified of prospective requirements for regulations as soon as the Department or Board is informed that a federal agency has initiated a study for flood control. The sequence of notification is described in the following sections.
§213. Corps of Engineers' Projects.
History
The Corps of Engineers notifies the Department and the Board when it schedules a public hearing to determine local opinion regarding an anticipated flood control study. The Department or the Board will have a representative at the hearing who will explain the Act and possible requirements for flood plain regulations.
(a) If the public hearing demonstrates support for a study, and if the Corps of Engineers decides to proceed and issues a notice of initiation of investigation to all interested agencies, the public agency or agencies will be notified by letter of the existence of the Cobey-Alquist Flood Plain Management Act, and copies of these regulations will be transmitted for their guidance.
(b) When the report of the Corps of Engineers is transmitted to the Congress favorably recommending a project and its authorization, or when the final project report on a small flood control project is approved by the Chief of Engineers, the Department or Board will send a final letter to the public agency. The final letter will advise that necessary regulations must be established within one year if the proposed project is to be eligible for state financial assistance for the costs of lands, easements, and rights-of-way.
HISTORY
1. Amendment of subsections (a) and (b) filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
2. Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§214. Soil Conservation Service Projects.
History
Applications for planning watershed protection and flood prevention projects (Public Law 83-566 projects) are approved by the State Resource Conservation Commission and the Administrator of the Soil Conservation Service. At the time the State Resource Conservation Commission considers an application, a Department or Board representative will appear to explain the act.
(a) When the Department or Board is informed that the Commission and the Administrator of the Soil Conservation Service have approved a study for planning, the Department or the Board will notify the public agency by letter similar in form to the notification prescribed by Section 213(a) above.
(b) When the final report of the Soil Conservation Service is submitted to the Congress for authorization, or in the instance of a small watershed project, when the plan is approved by the State Conservationist of the Soil Conservation Service, a letter similar in form to the notification prescribed by Section 213(b) above will be sent to the public agency.
HISTORY
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
§215. Flood Plain Regulations.
History
The Department or Board shall review the flood plain regulations established by the public agency to determine if they meet the provisions of the act.
(a) When the Department or Board determines that the established flood plain regulations meet the provision of the act, the public agency will be notified by letter.
(b) When the Department or Board determines that the established regulations do not meet the provisions of the act, the local agency shall within 180 days of receipt of notice from the Department or Board adopt new flood plain regulations and send a copy thereof to the Department or Board.
(c) If the public agency fails to adopt flood plain regulations pursuant to Sections 213 and 214 above, or if the flood plain regulations do not meet the provisions of the act and the public agency fails to adopt new flood plain regulations within 180 days of receipt of the Department's or Board's notice or fails to adopt or modify such regulations as recommended by the Department or Board within 90 days of receipt of a second notice, the Department or Board shall request the flood control agency having jurisdiction over the project to adopt flood plain regulations to meet the provisions of the act. The flood control agency must then adopt satisfactory flood plain regulations within two years of the date of the final letter (Section 213(b)) to the public agency or within 180 days after it is first empowered by Section 8414 of the act to adopt such regulations, as a condition for state financial grants for costs of lands, easements and rights-of-way.
HISTORY
1. Repealer and new section filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
§216. Notification of Noncompliance.
Note • History
When the appropriate public agency fails to establish the necessary flood plain regulations within the times prescribed in he act, the Department or Board shall notify the public agency by letter that it did not comply with the provisions of the act.
NOTE
Authority cited: Section 8400 et seq., Water Code.
HISTORY
1. New section filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
Article 3. Types of Regulations
History
Flood plain regulations established by a public agency pursuant to Water Code Section 8411 need be applied only to the designated floodway. Such regulations may take various forms so long as they accomplish the purposes intended by the act. Exemplary, not exclusive, acceptable regulations are the following:
(a) Flood plain zoning ordinances.
(b) Grading or setback ordinances.
(c) Ordinances controlling subdivision development.
(d) Ownership in the public agency of necessary flood control rights-of-way encompassing the designated floodway.
HISTORY
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
§221. Designated Floodway Regulations.
History
Since the flood hazard in the designated floodway is usually very great due to the greater depth and higher velocity of floodflows, permitted uses should be carefully considered.
(a) Uses may include those open space uses which require no structures, landfill, or stream channel alteration, constituting a threat to life or significantly affecting the carrying capacity of the floodway.
(b) Permitted uses may include crop arming, truck gardening, livestock grazing, and similar agricultural or recreational uses.
(c) Uses may be restricted on an interim basis prior to project construction so long as permanent regulations are adopted within one year after being advised that necessary regulations must be established.
(d) Use regulation must provide that no buildings or structures shall be constructed, altered, moved within or into the designated floodway, which will endanger life or significantly restrict the carrying capacity of the floodway.
HISTORY
1. Amendment of subsection (c) filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
§222. Restrictive Zone Regulations.
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, N. 26).
Article 4. Review of Proposed Regulations
A public agency may, pursuant to Water Code Section 8403, request that the Department or Board review its proposed flood plain management regulations. Regulations prepared as a condition to receiving state financial assistance, pursuant to Water Code Section 8411, must be submitted to and approved by the Department or Board.
Priority of review will be given to review of those regulations prepared to satisfy the statutory requirement for receiving state financial assistance in connection with federal projects.
History
Proposed regulations prepared pursuant to Water Code Section 8411 should define the area to be regulated. These regulations, accompanied by any other data reasonably required for complete review, must be submitted to the Department or Board for approval.
HISTORY
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
History
Flood Plain Management regulations submitted for state review pursuant to Water Code Section 8403 must be accompanied by all of the supporting data upon which such regulations are based. These data shall include necessary hydrologic studies, flood routings, maps, and surveys adequate to properly delineate flood plain categories. The review of proposed regulations submitted by local agencies under this section will include a study of the local agency's selected flood.
HISTORY
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
Article 5. Studies to Support Regulations
History
Public agencies shall be responsible for (1) the acquisition of all hydrologic data, including development of flood routing information, (2) the conduct of land surveys to properly delineate flood plain categories, and (3) the acquisition or development of any other materials or studies, necessary to promulgate and legally support valid flood plain land use regulations.
HISTORY
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
§241. Studies by the Department or Board.
History
(a) The Department or Board may conduct the activities required by Section 240 if so requested by a public agency.
(b) In conducting such activities, the Department or Board will be guided by the criteria of the public agency, if the criteria is reasonable under the circumstances and generally consistent with accepted practice.
(c) The costs of conducting such activities shall be borne by the local agency making the request.
HISTORY
1. Amendment of subsections (a) and (b) filed 8-20-74; effective thirtieth day thereafter (Register 74, No. 34).
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Division 2. Department of Water Resources
Chapter 1. Dams and Reservoirs
(Originally Printed 7-25-45)
Article 1. General Provisions
Note • History
As used in this subchapter, the terms “dam,” “reservoir,” “owner,” “alteration,” “enlargement,” and “water storage elevation” shall have the meanings given in Sections 6002 and 6004.5 through 6008 of the Water Code.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6002-6008, Water Code.
HISTORY
1. Repealer of Subchapter 1 (Sections 301 through 383) and new Subchapter 1 (Sections 301 through 318) filed 3-15-66; effective thirtieth day thereafter (Register 66, No. 7). For prior history, see Register 58, No. 7, and 59, No. 19.
2. Amendment of subsections (b) and (d) filed 2-5-70; effective thirtieth day thereafter (Register 70, No. 6).
3. New subsections (e), (f), (g) and (h) filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
4. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§302. Purpose and Effect of Regulations.
Note • History
The regulations in this subchapter are not intended to limit the authority of the department to act under the police power of the state to the extent authorized by law, when necessary to protect life and property from a dam or reservoir which constitutes, or which may constitute a danger to life and property, and they shall not be interpreted as depriving the department of such authority.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6075, 6081 and 6110, Water Code.
HISTORY
1. Amendment filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
2. Amendment filed 12-15-83; effective thirtieth day thereafter (Register 83, No. 51).
§303. Evidence of Water Rights.
Note • History
(a) The department will not issue a written approval to commence construction or enlargement of a dam or reservoir until the applicant or owner demonstrates evidence of adequate water rights in accordance with the requirements of this section.
(b) The applicant or owner shall provide the department with either:
(1) A copy of an entitlement to the use of water issued by the State Water Resources Control Board pursuant to Division 2, Part 2 (commencing with Section 1200) of the Water Code; or
(2) If the right to divert or use water does not depend on an entitlement identified in subsection (1) above, a statement of the legal basis of the right.
(c) The applicant or owner shall also provide the department with either:
(1) Evidence that a statement of water diversion and use has been filed with the State Water Resources Control Board pursuant to Division 3, Part 1, Chapter 5 (commencing with Section 5100) of the Water Code, or
(2) A statement either establishing that a statement of water diversion and use is not legally required, or showing good cause for not filing one.
(d) The department shall obtain a written statement from the staff of the State Water Resources Control Board stating whether the water right is adequate for the proposed dam and reservoir.
(e) If a right to divert or use water is based upon a claim of riparian rights, or rights to appropriate water established prior to 1914, and such claim is disputed by the State Water Resources Control Board, the department shall not withhold approval to commence construction solely upon the basis of such a dispute, provided that it is satisfied with the evidence of a water right provided pursuant to subsection (b) above.
(f) In the event that the State Water Resources Control Board has initiated proceedings to determine whether to authorize use of water, and no decision has been issued, written approval to commence construction or enlargement shall not be withheld pursuant to this section after the 120th day following either the date that the matter is submitted to the Board for decision after hearing or, if no hearing is held, the date on which the protest period closes.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 1052, 6075, 6202(d), 6205, and 6264, Water Code.
HISTORY
1. New section filed 5-28-76; effective thirtieth day thereafter (Register 76, No. 22). For history of former section, see Register 70, No. 6.
2. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§304. Civil Engineering Plans and Specifications.
Note • History
Plans and specifications which are submitted to the department shall be prepared by, or under the direction of, a civil engineer who is registered pursuant to California law and authenticated by him as provided in the Business and Professions Code, or be prepared by such other person as may be permitted under the provisions of said code to prepare such plans and specifications, in which case satisfactory evidence of such other person's right to so act shall be submitted to the department when the plans and specifications are submitted.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6206, Water Code; and Sections 6371, 6374-6375, Business and Professions Code.
HISTORY
1. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§305. Civil Engineering Supervision of Construction.
Note • History
The work of construction, enlargement, repair, alteration or removal of a dam or reservoir shall be under the responsible charge of a civil engineer who is registered pursuant to California law or of such other person as may be permitted under the provisions of the Business and Professions Code to assume responsible charge of such work.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6206, Water Code; Sections 6371, 6374-6375, Business and Professions Code.
HISTORY
1. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§306. Authority of Representative.
History
HISTORY
1. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32 ).
Article 2. Applications for Construction, Enlargement, Repair, Alteration, or Removal of Dams or Reservoirs
§310. Applications for Construction or Enlargement.
Note • History
(a) This section shall apply to applications for the department's approval of plans and specifications for the construction or enlargement of dams and reservoirs.
(b) Applications for construction or enlargement of a dam and reservoir shall be made on printed forms provided by the department. The department shall also provide written instructions for completing the application.
(c) The amount of information required will depend on factors such as the size of the proposed dam and reservoir, potential hazards, hydrology of the watershed, complexity of the site and proximity to active faults.
(d) Plans, maps, specifications and other information required for an application shall be provided in sufficient clarity and detail to be readily interpreted and studied, and to permit an adequate evaluation of the safety of the proposed work.
(e) The department may require the filing of any information, in addition to that specified in this section which, in its opinion, it considers necessary to determine the safety of the dam and reservoir.
(f) In addition to the information required by Water Code Sections 6201-6206, and subsections (b)-(e), an application shall also include the following:
(1) Evidence of water rights, as required by Section 303.
(2) Information necessary to enable the department to comply with the requirements of the California Environmental Quality Act (Public Resources Code Sections 21000-21174). This information shall be either:
(A) a copy of the environmental impact report (EIR) or negative declaration prepared by a lead agency, or evidence that a lead agency is preparing or will prepare environmental documentation, or
(B) data and information necessary for the department to act as a lead agency to prepare environmental documentation, where it is required by law to do so.
(3) Where the department acts as a responsible agency, the lead agency's EIR or negative declaration must be submitted to the State Clearinghouse.
(4) The fee as required by Water Code Section 6300, as made specific by Section 314 of this subchapter.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6200-6206, Water Code; and Sections 21002.1(d) and 21083, Public Resources Code.
HISTORY
1. Amendment filed 2-5-70; effective thirtieth day thereafter (Register 70, No. 6).
. 2.New subsection (j)(6) filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
3. Amendment of subsections (a), (b), (j)(5) and (j)(6) filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
4. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
5. Editorial correction of subsection (f)(4) filed 12-8-83 (Register 83, No. 50).
§310.1. Criteria for Determining Completeness.
Note • History
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 65941, Government Code.
HISTORY
1. New section filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29.).
2. Repealer and new section filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
3. Renumbering and amendment of section 310.1 to section 311 filed 12-8-83 (Register 91, No. 24).
4. Editorial correction restoring section 310.1 dropped in earlier printing (Register 91, No. 24).
§310.2. Criteria for Determining Completeness.
Note • History
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 65920-65957, Government Code.
HISTORY
1. New section filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§310.3. Determination of Completeness.
Note • History
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 65920-65957, Government Code.
HISTORY
1. New section filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§311. Criteria for Determining Completeness.
Note • History
(a) Applications will be considered complete when the department has received the completed, signed application form, the information and fee required in Water Code sections 6201 and 6206 and section 310(d)-(f), and the fee required by sections 6300-6302 of the Water Code.
(b) The department on its own motion may waive any information required for a complete application, including but not limited to the requirements of section 303 where it determines that it has sufficient information to commence and complete a review within applicable time limits, and that all requirements for issuance of an approval will be met within such time limits.
(c) The requirements published by the department pursuant to section 310(c) shall set forth the procedures that the department will follow to review an application.
(d) Failure to comply with a request for information pursuant to such procedures within a reasonable time and in a reasonably responsive manner shall be cause for the department to disapprove the application.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 65941, Government Code.
HISTORY
1. Editorial correction renumbering of former section 311 to section 312 and renumbering of former section 310.1 to section 311 filed 12-8-83 (Register 83, No. 50). For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
Note • History
(a) The following are standard terms and conditions included in any approval of a dam safety application:
(1) Construction work shall be started within one year from date of approval.
(2) No foundations or abutments shall be covered by the material of the dam until the Department has been given an opportunity to inspect and approve the same.
(b) General Safety Requirement. In addition to the above terms and conditions, the law requires that a dam shall at all times be designed, constructed, operated and maintained so that it shall not or would not constitute a danger to life or property, and the Department may, at any time, exercise any discretion with which it is vested, or take any action necessary to prevent such danger.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6075 and 6260-6267, Water Code.
HISTORY
1. Editorial correction renumbering former section 312 to section 313 and renumbering of former section 311 to section 312 filed 12-8-83 (Register 83, No. 50). For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
§313. Automatic Approval of Applications.
Note • History
Applications approved in accordance with Government Code section 65956 shall contain the terms and conditions set forth in section 311. Such approvals may be revoked or modified at any time and under any conditions which would apply to any other approval granted under Division 3, Part 1 of the Water Code.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 65956, Government Code; and Sections 6260-6267, Water Code.
HISTORY
1. Editorial correction renumbering former section 313 to section 314 and renumbering of former section 312 to section 313 filed 12-8-83 (Register 83, No. 50). For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY and removal of duplicate HISTORY (Register 91, No. 24).
Note • History
(a) Amount of Fee. The estimated cost of the dam and reservoir or enlargement as specified in section 6302 of the Water Code shall include engineering, geologic, surveying, construction supervision, and administrative costs.
NOTE
Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code.
HISTORY
1. Editorial correction renumbering former section 314 to section 315 and renumbering of former section 313 to section 314 filed 12-8-83 (Register 83, No. 50). For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
Article 3. Annual Fee
Note • History
(a) Determination of Amount. The department shall determine the amount of the annual fee as of June 30 each year and shall inform each owner of that amount on or before October 31 of each year.
(b) Penalty for Delinquent Payment of Annual Fee. An owner who fails to pay any part of any annual fee on or before December 31, as required by section 6307 of the Water Code, shall be penalized in accordance with section 6428 of the Water Code.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 161, Water Code; and Sections 6307 and 6428, Water Code.
HISTORY
1. Editorial correction renumbering former section 315 to section 316 and renumbering of former section 314 to section 315 and new Article 3 heading filed 12-8-83 (Register 83, No. 50). For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
Note • History
A dam will not be considered to be substantially completed or in operation, for annual fee purposes, where the Department determines that it has been rendered inoperative on other than a temporary basis. In making its determination the Department will consider the following circumstances, among others, with respect to the dam:
(a) Alteration of the outlet facilities to assure maximum possible uncontrolled water release through the outlet works.
(b) Absence of water impounding capability under reasonably foreseeable conditions, taking into account the size of the drainage area.
(c) Absence of benefit from the dam and reservoir to the owner or others.
The Department may determine that a dam is no longer inoperative when investigation reveals that conditions which rendered the dam inoperative on other than a temporary basis have changed. In this event the dam will be considered substantially completed or in operation on the date such determination is made, and the annual fee shall be charged on a pro rata basis.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6307, Water Code.
HISTORY
1. Editorial correction renumbering former section 315 to section 316 filed 12-8-83 (Register 83, No. 50). For history of former section 316, see Register 70, No. 6. For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
§317. Preparation of Application for Repair or Alteration.
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code.
HISTORY
1. Amendment of subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4). For prior history, see Register 78, No. 29.
2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§318. Preparation of Application for Removal.
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code; Section 6078, Water Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305, Water Code.
HISTORY
1. New subsection (b) filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment of subsection (a) filed 7-18-78; effective thirtieth day thereafter (Register 78, No. 29).
3. Amendment of subsection (b) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Note • History
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 161, Water Code.
HISTORY
1. New section filed 2-5-70; effective thirtieth day thereafter (Register 70, No. 6).
2. Renumbering and amendment of Section 319 to Section 314 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Article 4. Small Dams Review Board
§320. Small Dams Review Board.
Note • History
In the Department there shall be a Small Dams Review Board consisting of a chairperson who shall be the Division Chief, Division of Design and Construction; a qualified engineer or geologist appointed by the Division Chief, Division of Safety of Dams; and, for each review, a consulting engineer who would be agreed upon by the Department and the dam owner.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.
HISTORY
1. New Article 3 (Sections 330-335) filed 5-28-76; effective thirtieth day thereafter (Register 76, No. 22).
2. Renumbering of former Section 320 to Section 315 and renumbering and amendment of former Section 330 to Section 320 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
3. Editorial correction renumbering former Article 3 (Sections 320-325) to Article 4 (Sections 320-325) filed 12-8-83 (Register 83, No. 50).
Note • History
(a) The Board shall be convened upon the request of any owner of a small dam or proposed small dam to review any decision or order of the department respecting any technical standard, study requested, engineering requirement or other technical matter required by the department where the owner disputes the basis for such requirement, the need for such requirement, or the facts found by the department.
(b) No review shall be undertaken if, in the opinion of the department, there exists an immediate hazard to life or property. This subsection shall not be construed to bar a Small Dams Review Board proceeding after, in the judgment of the department, an immediate hazard to life and property no longer exists.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.
HISTORY
1. Renumbering and amendment of former Section 331 to Section 321 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Note • History
“Small Dam” means any dam less than 25 feet in height with a reservoir storage less than 2,000 acre-feet.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 6055, Water Code.
HISTORY
1. Renumbering and amendment of former Section 332 to Section 322 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§323. Time to Request Board Review; Filing Fee.
Note • History
(a) The owner must request board review within 60 days of the disputed departmental action. The request must be made to the Division Chief, Division of Safety of Dams and must state the facts and circumstances on which such owner bases his grievance.
(b) The owner shall remit, at the time the grievance is filed, the amount of $250 to partially defray the cost and expense of the Board.
(c) If the Board meets for more than one day, the department shall bill the owner for its additional costs incurred for subsequent days.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6054 and 6055, Water Code.
HISTORY
1. Renumbering and amendment of former Section 333 to Section 323 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§324. Time and Conduct of Review.
Note • History
The Board shall review the owner's grievance promptly after such grievance is filed. The review shall be conducted in an informal manner. The Board shall consider all relevant information and data presented by the owner, his engineer, or any other person.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.
HISTORY
1. Renumbering of former Section 334 to Section 324 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Note • History
Based upon information and data secured during the review, the Board shall refer its findings to the Division Chief, Division of Safety of Dams, regarding the matter which led to the grievance. Decisions made by the Division Chief shall be final.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6054, Water Code.
HISTORY
1. Renumbering and amendment of former Section 335 to Section 325 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Article 5. Dams Owned by the Department of Water Resources
Note • History
Pursuant to Section 6056 of the Water Code, the Department shall retain a board of three consultants to report to the Director on the Safety of Dams owned by the department.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code.
HISTORY
1. New Article 4 (Sections 340-343) filed 3-18-77 as procedural and organizational; effective upon filing (Register 77, No. 12).
2. Renumbering and amendment of former Section 330 to Section 320 and renumbering and amendment of former Section 340 to Section 330 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). For prior history, see Register 76, No. 22.
3. Editorial correction renumbering former Article 4 (Sections 330-333) to Article 5 (Sections 330-333) filed 12-8-83 (Register 83, No. 50).
Note • History
The consulting board shall make independent findings with regard to conditions which may affect the safety of the dam and reservoir as specified in Section 6081 of the Water Code, and the board shall also make independent findings that the dam is safe to impound water, as specified in Section 6355 of the Water Code.
NOTE
Authority cited: Section 6078, Water Code. Reference: Sections 6056, 6081 and 6355, Water Code.
HISTORY
1. Renumbering and amendment of former Section 331 to Section 321 and renumbering and amendment of former Section 341 to Section 331 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). For prior history, see Register 77, No. 33.
§332. Actions for Which Board Is Retained.
Note • History
(a) The department shall retain a consulting board:
(1) To review the adequacy of the design of a dam and reservoir the department proposes to construct, or
(2) To review the safety of the completed construction and the terms and conditions to be included in a certificate of approval for any dam owned by the department as issued, renewed or modified, no later than six months following any such action.
(b) Where a board is retained to review the adequacy of the design of a dam and reservoir, it shall report its findings to the Director prior to the approval of an application to construct or enlarge the dam.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code.
HISTORY
1. Renumbering and amendment of former Section 332 to Section 322 and renumbering and amendment of former Section 342 to Section 332 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). For prior history, see Register 77, No. 33.
Note • History
In addition to the times specified in Section 332, the department shall retain a review board at least once every five years to review the operational performance of department owned dams. The Federal Power Commission's five year independent review may be substituted if it is comparable to the review required by this article.
NOTE
Authority cited: Section 6078, Water Code. Reference: Section 6056, Water Code.
HISTORY
1. Renumbering and amendment of former Section 333 to Section 323 and renumbering and amendment of former Section 343 to Section 333 filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32). For prior history, see Register 70, No. 43.
Chapter 1.5 Levee and Right of Way Control
NOTE
Authority cited for Subchapter 1.5: Section 11152, Government Code, and Section 124, Water Code. Reference: Section 21116, Vehicle Code.
HISTORY
1. New Subchapter 1.5. (Section 350 through 390) filed 3-21-74; effective thirtieth day thereafter (Register 74, No. 12).
2. Repealer of Subchapter 1.5 (Article 1-2, Sections 350-360) filed 10-21-81; effective thirtieth day thereafter (Register 81, No. 43).
Chapter 1.6. Relocation Assistance Program
Article 1. General
Note • History
The following terms shall mean:
“Average Annual Net Earnings” means one-half of any net earnings of the business or farm operation, before Federal and State income taxes, during the two taxable years immediately preceding the taxable year in which the business or farm operation moves from the real property acquired, or during such other period as the Department determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such period. The term “owner” as used in this definition includes the sole proprietorship, the principal partners in a partnership, and the principal stockholders of a corporation, as determined by the Department. For purposes of determining a principal stockholder, stock held by a husband, his wife and their dependent children shall be treated as one unit.
“Base Monthly Rent” means the lesser of the average monthly rental paid by the displaced person for the three-month period prior to initiation of negotiations for the parcel and 25% of the displaced person's average monthly income. The economic rent may be considered the average monthly rental when the displaced person was the owner-occupant of the acquired dwelling or if the rental actually paid was not reasonably equal to market rentals for similar dwellings. The “average monthly rental paid” shall include any supplements supplied by others, except when required by law, such supplement is to be discontinued upon vacation of the property.
“Business” means any lawful activity, excepting a farm operation, conducted:
(1) Primarily for the purchase, sale, lease or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property; or
(2) Primarily for the sale of services to the public; or
(3) Primarily by a non-profit organization; or
(4) Solely for the purpose of moving and related expenses under Section 370.15, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.
“Comparable Replacement Dwelling” means a dwelling which satisfies each of the following standards:
(1) Decent, safe and sanitary (as defined in Section 370.04), and comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space than necessary to accommodate the displaced person.
To the extent practicable and consistent with this section, the replacement dwelling should be functionally equivalent and substantially the same as the acquired dwelling, but not excluding newly constructed housing.
(2) In an area not subjected to unreasonable adverse environmental conditions from either natural or man-made sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and reasonably accessible to the displaced person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced person objects for a reasonable cause.
The Act and these regulations do not require the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is the Department required to duplicate environmental characteristics, such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena.
If the displaced person so requests, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable, the replacement dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship.
(3) Available on the private market to the displaced person and available to all persons regardless of race, color, sex, marital status, religion, or national origin in a manner consistent with Title VIII of the Civil Rights Act of 1968.
(4) Within the financial means of the displaced person. A replacement dwelling is within the financial means of the displaced person if the monthly housing costs (including payments for mortgage, insurance and property taxes) or rental cost (including reasonably comparable utility and recurring expenses such as gardening, garaging, and similar necessary fees) minus any replacement housing payment available to the person under the provisions of these regulations does not exceed twenty-five percent (25%) of the person's average monthly income. A replacement dwelling is within the financial means of a displaced person also if the purchase price of the dwelling, including related increased interest costs and other reasonable expenses, does not exceed the amount of just compensation provided for the acquired dwelling and the replacement housing payments available to the person under these regulations.
“Conventional Loan” means a promissory note secured by a trust deed or mortgage made by a bank or savings and loan association. A conventional loan is not insured or guaranteed by an agency of the State or Federal government.
“Counted Room” means that space in a dwelling unit containing the usual quantity of household furniture, equipment and personal property. It shall include such space as a recreation room, living room, library, study, dining room, kitchen, laundry room, basement, bedroom, and garage. Rooms or storage areas which contain substantial amounts of personal property equivalent to one or more rooms may be counted as additional rooms.
“Date of Initiation of Negotiations for the Parcel” means the date of the first written offer to purchase the real property.
“Department” means the Department of Water Resources.
“Director” means the Director of the Department of Water Resources.
“Displaced Person” means any person who moves from real property, or who moves his personal property from real property, either as a result of the acquisition of such real property, in whole or in part, by the Department or by any person having an agreement with or acting on behalf of a public entity, or as the result of a written order from the Department to vacate the real property for public use.
A displaced person may or may not qualify as an “eligible person,” as defined in these regulations.
“Dwelling” means the primary residence of a person, including any single-family residence, a single-family unit in a two-family, multi-family or multipurpose building, a unit of a condominium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or any other residential unit considered to be part of the real property acquired. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered to be a dwelling only for the purpose of establishing eligibility for payment of moving expense benefits.
“Economic Rent” means the reasonable rental expectancy if the property were available for rent or lease on the open market based on the rent or lease payment being paid for comparable space as distinguished from actual or contract rent or lease payment paid for the acquired property.
“Effective Rate of Interest” means the annual percentage rate paid on the debt of a mortgage as a result of including debt service charges in the total interest to be paid on the mortgage debt, as an incident to the extension of credit, when such debt service charges are normal to the market.
“Elderly Household” means a household in which the head of household or spouse is 62 years or older.
“Eligible Person” means any displaced person who is, or becomes, lawfully entitled to any relocation payment under these regulations.
“Existing Patronage” means the net annual average dollar volume of business transacted during the two taxable years immediately preceding the taxable year in which the business is relocated.
“Family” means two or more individuals, one of whom is the head of a household, plus all other individuals regardless of blood or legal ties who live with and are considered a part of the family unit. Where two or more individuals occupy the same family dwelling with no identifiable head of a household, they shall be treated as one family for replacement housing payment purposes.
“Farm Operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
“Gross Income” means the total annual income of an individual, or where a family is displaced, the total annual income of the adult members of the household, irrespective of other expenses and voluntary or involuntary deductions and including, but not limited to, salaries, wages, public assistance payments, tips, commissions, unemployment, rents, royalties, dividends, interest, profits, pensions and annuities, less the following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction of ten percent (10%) of the total annual income for an elderly or handicapped household.
(3) A deduction for recurring, extraordinary medical expenses (defined for this purpose to mean medical expenses in excess of three percent of total annual income) where not compensated for or covered by insurance or other sources, such as public assistance or tort recovery.
(4) A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to employment of the household head or spouse, except that the amount deducted shall not exceed the amount of income received by the person thus released.
Gross income is divided by twelve (12) to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered as income for determination of financial means.
“Handicapped Household” means a household in which any member is handicapped or disabled.
“Mobilehome” means a structure, transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electric systems contained therein. A self-propelled vehicle is not a mobilehome.
“Mortgage” means such classes of liens, including Deeds of Trust as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State of California, together with the credit instruments, if any, secured thereby.
“Moving Expense” means the costs necessary to pack, crate, disconnect, dismantle, load, insure, temporarily store, remove, transport, unpack, uncrate, reassemble, reconnect, reinstall, and unload machinery, equipment, or other personal property (including goods and inventory kept for sale) not acquired by the Department, including connection charges imposed by public utilities for starting utility service and necessary temporary lodging and transportation of eligible persons. Moving expense shall not include:
(1) The cost of construction or improvement at the new location to replace property for which compensation was paid in the acquisition;
(2) Any loss of, or damage to, personal property caused by the fault or negligence of the displaced person, his agent, or employee in the process of moving where insurance to cover such loss or damage was available;
(3) Any payment for moving personal property where such property is purchased as part of the acquisition;
(4) Additional expenses incurred because of living in a new location;
(5) Cost of moving structures, improvements or other real property in which the displaced person reserved ownership;
(6) Interest on loans to cover moving expenses;
(7) Loss of goodwill;
(8) Loss of business or profits;
(9) Loss of trained employees;
(10) Personal injury;
(11) Payments for search costs in connection with locating a replacement dwelling.
“Nonprofit Organization” means a corporation, partnership, individual or other public or private entity, engaged in a business, professional or institutional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises.
“Owner.” A person “owns a dwelling” if he:
(1) Holds fee title, a life estate, a fifty (50) year lease, or a lease with not less than twenty (20) years to run from date of acquisition of the property for the project;
(2) Holds an interest in a cooperative housing project which includes the right of occupancy of a dwelling unit therein;
(3) Is the contract purchaser of any of the foregoing estates or interests;
(4) Has a leasehold interest with an option to purchase;
(5) Owns a mobile unit which under State law is determined to be real property, not personal property;
(6) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by any of the foregoing methods, the tenure of ownership, not occupancy, of the succeeding owner shall include the tenure of the preceding owner.
“Owner-Occupant” means an owner who occupies the residential dwelling being acquired by the Department as his primary residence.
“Person” means any individual, family, partnership, corporation or association.
“Prepaid Expenses” means items paid in advance by the seller of real property and prorated between such seller and the buyer of such real property at the close of escrow including, but not limited to real property taxes, fire insurance, homeowners' association dues and assessment payments.
“Primary Residence” means a residential dwelling which is occupied as the occupant's domicile. A dwelling will qualify as a primary residence when:
(1) The occupant has lived in the dwelling to be acquired for more than 50% of the time in the year prior to the State's first written offer; and
(2) The occupant officially acknowledges the residential dwelling as his primary residence by voter registration, address on tax returns, home owners exemption, mailing address, proximity to occupant's work, schools, etc.
“Purchase” as used in connection with claiming replacement housing payments with respect to:
(1) Real property means the close of escrow by which the title to replacement property was conveyed to the claimant of a relocation payment; or if no escrow was used, “purchase” means the delivery to such claimant of the deed to the replacement property or the delivery of a completely executed installment contract for purchase. (2) Mobile homes means the registration of the vehicle with the California Department of Motor Vehicles in the name of the claimant. (3) For purpose of this Article, the leasing of a condominium or other suitable dwelling for a fifty (50) year period, or for a term which exceeds the life expectancy of the displaced person as determined from the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health, Education and Welfare, shall be deemed a purchase of a condominium or other dwelling.
“Relocation Payment” means any payment made under the provisions of this Article; including, but not limited to, payments for: actual or reasonable moving expense, payments made in-lieu of moving expense, purchase differential payments, rental differential payments, interest differential payments, and payments covering incidental expenses of the acquisition of replacement properties.
“Stated Mortgage Interest Rate” means the annual percentage rate to be paid on the debt of a mortgage as set forth in the mortgage or other credit instrument.
“Tenant-Occupant” means a person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another and is the displacee's primary residence.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code and “Guidelines” adopted by the Commission of Housing and Community Development.
HISTORY
1. Renumbering of Subchapter 1.6 (Articles 1-2, Sections 380-390) to Subchapter 1.7 and new Subchapter 1.6 (Articles 1-3, Sections 370-370.40, not consecutive) filed 1-18-80; effective thirtieth day thereafter (Register 80, No. 3).
Note • History
(a) General. Prior to the undertaking of a project, the Department shall prepare a Relocation Plan, based upon a survey and analysis of both the housing needs of the affected displaced persons and the available replacement housing, which will assure that, within a reasonable period of time, prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and individuals displaced, decent, safe and sanitary dwellings, equal in number to the number of, and available to, such displaced persons who require such dwellings and reasonably accessible to their place of employment.
(1) All persons to be displaced, any relocation committee formed of persons displaced, and representatives of affected governmental agencies, and members of the community who notify the Department of their interest shall be given the opportunity and should be encouraged fully and meaningfully to participate in reviewing the Relocation Plan and monitoring the relocation assistance program of a particular project. As to projects involving substantial displacements, the Department shall encourage the formation of a relocation committee consisting of representatives of the residents and interested community organizations in the displacement area and affected displaced persons.
(2) The term “undertaking a project,” for purposes of this section, shall mean the date the Director authorizes the acquisition or the initiation of negotiations for the acquisition of the affected ownership(s).
(3) The approval of the Relocation Plan vests in the Director as head of the State Agency.
(4) When determining a displacee's financial ability to afford replacement housing, replacement housing payments, and rental rates after acquisition, the displacee shall provide a written statement as to his gross income which will be updated annually or as necessary. Failure to provide such written statement shall require the Department to make determinations on the best data known and available to them.
(b) When considering the availability of replacement housing, the Department shall adjust the available housing inventory in the replacement area, if necessary, by excluding:
(1) Those units which do not meet the test of being decent, safe, and sanitary units;
(2) Uncompleted new construction or rehabilitation which are not likely to be available at the time of displacement;
(3) Those units considered by the Department to be turnover in the replacement area;
(4) Subsidized publicly owned housing which will not reasonably be available to the displacees at the time of displacement.
(c) Each Relocation Plan shall provide a statement as to the need for last resort housing. In the event of a reasonably anticipated need for such housing, an estimate of the cost, including overhead, will be included as a separate amount.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
HISTORY
1. Editorial correction of section number (Register 80, No. 22).
Note • History
(a) Eviction of persons in occupancy as of the date of acquisition shall be undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services;
(2) Performance of a dangerous, illegal act in the unit;
(3) Material breach of the rental agreement and failure to correct breach within 30 days of notice;
(4) Maintenance of a nuisance and failure to abate within a reasonable time following notice;
(5) Refusal to accept one of a reasonable number of offers of replacement dwellings;
(6) The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity;
(7) The building has structural defects existent at the time of purchase by the Department.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
HISTORY
1. Editorial correction of section number (Register 80, No. 22).
Note • History
(a) Relocation assistance and benefits, as provided in these regulations, shall be available to:
(1) Any person who lawfully occupies property from which he will be displaced;
(2) Any person in lawful occupancy who will move from real property or will move his personal property from real property because he will be displaced from other real property on which he conducts a business or farm operation;
(3) Any person in lawful occupancy who moves from real property as a result of its acquisition by the Department for a public use whether the move is voluntary or involuntary;
(4) Any person in lawful occupancy at the time of initiation of negotiations who moves as the result of the pending acquisition and the property from which he is displaced is subsequently acquired for public use.
(b) Any person who becomes an occupant of real property after acquisition by the State shall not be eligible for any relocation assistance, payments, assurances of available housing, or a minimum 90-day notice to vacate. Prior to occupying the property, such a tenant should be informed that the property has been acquired for a public use and will be available as housing only in the interim between acquisition and development and that such development may result in termination of the tenancy sooner than otherwise would be expected. The Department should inform prospective tenants regarding the projected date of displacement.
(c) Subsequent sale to a private person of housing provided by the State as last resort housing does not establish eligibility for relocation assistance or benefits for any person in occupancy at the time of such sale.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
HISTORY
1. Editorial correction of section number (Register 80, No. 22).
§370.04. Standards for Decent, Safe, and Sanitary Dwellings.
Note • History
(a) A decent, safe, and sanitary dwelling is one which meets all of the following minimum requirements:
(1) Conforms with all applicable provisions for existing structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations;
(2) Has a continuing and adequate supply of potable safe water;
(3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and an adequate sewage system. A stove and refrigerator in good operating condition shall be provided when required by local code, ordinances or custom. When these facilities are not so required by local codes, ordinances, or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities;
(4) Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in the living area, excluding bedrooms, under local outdoor design temperature conditions. A heating system will not be required in those geographical areas where such is not normally included in new housing;
(5) Has a bathroom, well-lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system;
(6) Has an adequate and safe wiring system for lighting and other electrical services;
(7) Is structurally sound, weathertight, in good repair and adequately maintained;
(8) Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level.
In multi-dwelling buildings of three stories or more, the common corridor on each story must have at least two means of egress.
(9) Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
(b) A decent, safe and sanitary sleeping room is one which includes the minimum requirements contained in paragraph (a), subparagraphs (2), (4), (5), (6), (7), and (8) of this section and the following:
(1) At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant;
(2) Lavatory, bath and toilet facilities that provide privacy, including a door that can be locked if such facilities are separate from the room.
(c) A decent, safe, and sanitary mobile home is one which includes the minimum requirements contained in paragraph (a), subparagraphs (2), (3), (4), (5), (6), (7), (8), and (9) of this section except that it may have 70 square feet of habitable floor space for each additional occupant, and the following: (1) Bears the insignia of approval issued by the State of California, Department of Housing and Community Development, pursuant to the California Health and Safety Code, except those manufactured prior to September 1, 1958.
(d) The Department may approve exceptions to the standards in this Section where unusual conditions exist.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
HISTORY
1. Editorial correction of section number (Register 80, No. 22).
Article 2. Relocation Payments
§370.10. Relocation Payments--General Provisions.
Note
(a) Appeals. Any displaced person aggrieved by a determination as to eligibility for a relocation payment, or the amount of such payment, may have his application reviewed by a Relocation Appeals Board designated by the Director to hear such appeals. The Appeals Board shall make its recommendations to the Director who will make the final decision on the appeal. The Department shall inform all displaced persons of their right of appeal. They shall be furnished the address of the Relocation Appeals Board. They shall be given full opportunity to be heard and a prompt decision shall be made. Appeals must be submitted prior to the final date specified in subsection (d) of this Section for applying for relocation payments.
(b) Form of Application. Application for relocation payments or appeals shall be made to the Department upon forms prescribed by the Department and shall be accompanied by such information and documentation as may be required by the Department.
(c) Payment Date. No relocation payment shall be made by the Department prior to the date title to the property vests in the State of California through close of purchase escrow or Final Order of Condemnation or the date of possession by the State under an Order of Possession.
(d) Time Limit on Filing Applications. Except as otherwise provided, applications for relocation payments must be submitted to the Department within 18 months from the date of vacation of the acquired property or the date he receives final compensation for the property, whichever is later.
(e) Assignment of Relocation Payments. The payments described in this Article may be made directly to the displaced person upon proper application, or upon proper instruction addressed to the Department and attached to his application for payment, the payments may be made directly:
(1) To a lessor or landlord for rent; or
(2) To a moving company for moving expenses; or
(3) To an escrow agent pursuant to paragraph (f) of this subsection.
(f) Payments into Escrow. In cases where a displaced person qualifies for the payments described in this Article except that he has not yet purchased or occupied a suitable replacement dwelling, the Department, after inspecting the proposed replacement dwelling and finding that it meets the decent, safe and sanitary standards set forth in Section 370.04 of this Article, may deposit the amount of the replacement housing or rent supplement for which the displaced person may be eligible in an escrow with a bank, trust company, licensed escrow agency, building and loan or savings and loan association, or title company to the account of the displaced person with instruction for payment of such funds from escrow. Such escrow instructions shall be adequate to assure compliance with provisions of this Article relating to purchase and occupancy and to assure return of such funds from escrow to the Department in the event of noncompliance with such provisions.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.11. Moving and Related Expense Payments--General Provisions for All Relocated Individuals, Families, Businesses and Farms.
Note
(a) Eligibility to Receive Moving Cost Payment.
(1) Any individual, family, business or farm operator is eligible to receive payment for the reasonable expenses of moving his personal property when
(A) He is in lawful occupancy at the initiation of negotiations for the acquisition of the real property; and
(B) He moves from the real property or moves his personal property from the real property subsequent to the date of initiation of negotiation; or,
(C) The real property is subsequently acquired.
(b) One Move Per Person. No moving expense payment will be made for more than one move of a displaced person except where found by the Department to be in the public interest and prior approval is secured.
(c) Payment Only After Move Completed. Moving expense payments shall be made only after the move has been accomplished except as provided in subsections (d) and (e) of this section.
(d) Payment in Advance. In case of undue hardship, payment of moving expenses to an eligible displacee may be made in advance of moving.
(e) Partial Payments. The Department may make partial payments of moving expense claims when such claims are based on the actual costs of moving, provided the amount of such partial payment does not exceed the actual cost incurred up to the time such payment is claimed.
(f) Payments Directly to Mover. By written prearrangement between the Department, the displaced person and the mover, a displaced person may present unpaid moving bills to the Department and the Department may pay the mover directly.
(g) Distance Limited to 50 Road Miles. The allowable expense for transportation shall not exceed the cost of moving 50 road miles measured from the point from which the move was made to the point of relocation via the most commonly used routes between such points.
In special cases where the Department determines that relocation cannot be accomplished within the 50 mile area, the allowable expense for transportation may be increased with the prior approval of the Department.
(h) Storage. When an actual expense basis is used and the Department determines that it is necessary for a relocated person to store his personal property for a reasonable time, not to exceed twelve months, the cost of such storage shall be paid as a part of the moving expense. Payment shall not be made for storage of personal property on the property being acquired or on other property owned by the relocatee. Storage expense shall not be paid where the displaced person elects payment under any of the schedules set forth in Section 370.12 (c) of this Article.
(i) Cost of Advertising for Bids. The expense incurred in advertising for packing, crating and transportation are reimbursable when the Department determines that such advertising is necessary. Payment of such expense shall be limited to complicated or unusual moves where advertising is the only practical method of securing bids.
(j) Inspection of Books and Records. All books and records kept by a displaced person as to actual moving expense incurred shall be subject to review and audit by a Department representative during reasonable business hours.
(k) Owner-Retained Dwellings. When an owner retains his dwelling, the cost of moving it onto the remainder or replacement land is not eligible as a part of the cost of moving personal property. If the owner chooses to use his dwelling as a means of moving personal property, payment shall be based on the schedules set forth in Section 370.12 (c) of this Article.
(l) Personalty Sold to Others. If a displaced person who is eligible to receive payment for moving expenses under subsection (a) of this Section sells, conveys, or transfers title to personal property located on real property acquired by the State to another person, such other person shall not be eligible to receive payment of moving expense except as provided for direct losses of tangible personal property in Section 370.13 (c) of this Article.
(m) Moves From Separate Property. Where the acquisition of real property used for a business or farm operation which is eligible for a payment under subsection (a) of this Section causes a person to vacate a dwelling or other real property separate from and not acquired by the State, or move his personal property from other real property separate from and not acquired by the State, said person is eligible for reimbursement of the appropriate moving expenses under Sections 370.12, 370.13(b), (c) and (d), 370.14 and 370.15.
(n) Moves From Partial Takings. Where only a portion of a larger parcel is acquired, a displaced person shall be eligible for moving expense payment only where the removal of his personal property from the property acquired is necessary and is not otherwise compensated.
(o) Insurance. The cost of insurance premiums covering the reasonable replacement value of personal property for loss and damage while in storage or transit is reimbursable.
(p) Removal and Reinstallation Expense. The expense of removal, reinstallation and reestablishment of machinery, appliances and other items of personal property which were not acquired by the Department, including reconnection of utilities to such items, and which does not constitute an improvement to the replacement site (except where required by law), are reimbursable. Such removal, reinstallation, reestablishment or reconnection costs or items classified as real property by the Department and which were retained by the owners, are not reimbursable.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.12. Moving Payments to Individuals and Families.
Note
(a) General. A displaced individual or family eligible under Section 370.11 (a) is entitled to receive a payment for moving his personal property, himself and his family. Such displaced persons have the option of payment on the basis of actual, reasonable moving expenses or a moving expense schedule.
(b) Actual, Reasonable Moving Expenses.
(1) Moves by For-Hire Carriers. A displaced individual or family may be paid the actual, reasonable cost of a move accomplished by for-hire carriers. The displaced person may elect, with Department approval, either of the following options:
(A) The displaced person shall secure at least two estimates from responsible for-hire carriers and submit them to the Department for approval prior to the move. The Department will authorize payment for the move based on the lowest of such bids or estimates.
Payment shall be made by the Department upon presentation of the paid, receipted and itemized bill after the claimant has moved from the premises.
If this creates a financial hardship on the displacees, the Department will secure an assignment from the displacee to allow direct payment to be made to the mover upon presentation of itemized bills after claimant has moved from the premises.
(B) The displaced person shall be given a moving service authorization by the Department and may select a for-hire carrier from the list of eligible for-hire carriers established by the Department. When the for-hire carrier has completed the move, the original moving service authorization will be returned to the Department by the for-hire carrier with the itemized moving cost bill. The Department shall pay the for-hire carrier directly. Such moves shall be at the minimum rates, rules and regulations prescribed and established by the California Public Utilities Commission.
(2) Self Moves. In the case of a self move the displaced individual or family may be paid his actual moving costs, supported by receipted bills or other evidence of expenses incurred but such payment may not exceed the estimated cost of moving commercially. The estimated cost may be prepared by a commercial moving company or, when not in excess of $1,000, by a qualified Department employee other than the employee handling the claim.
(3) Cost of Transportation of Displacee. The costs of transportation of displaced individuals and families to the new location are also eligible. Such costs may be on a mileage basis, not to exceed 15 cents per mile, or reasonable, actual fees if commercial transport is used and may include special services such as the cost of an ambulance to transport displaced invalids.
(4) Cost of Meals and Lodging. The actual reasonable costs of meals and lodging are eligible when the Department determines such costs are required because of unforeseen circumstances or practical necessities of the moving operation.
(c) Moving Expense Schedules.
(1) In lieu of actual and reasonable moving expense, any individual or family displaced from a dwelling unit may elect to receive a payment which shall cover all items and incidentals necessary to the vacating of the property acquired according to the following:
(A) A moving expense allowance not to exceed $300 and determined in accordance with established Federal Highway Administration schedules maintained by the California Department of Transportation, and
(B) A dislocation allowance of $200.
(2) The owner-occupant of a multi-family dwelling may elect to receive payment for his own dwelling unit under this Section, and is eligible to receive payment under Section 370.13 for his personal property in other units of the multi-family dwelling.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.13. Moving Payments to Business or Farm.
Note
(a) General.
(1) The owner of a displaced business or farm eligible under Section 370.11 (a) is entitled to receive a payment for actual reasonable moving and related expense which include:
(A) Actual reasonable expenses in moving his business, farm, or other personal property as provided in subsection (b), below;
(B) Actual direct losses of tangible personal property in moving or discontinuing his business or farm, as provided in subsection (c), below;
(C) Actual reasonable expenses in searching for a replacement business or farm, as provided in subsection (d), below.
(2) In lieu of the payment for actual expenses and losses as specified in subsection (a) (1) (A), (B) and (C) of this Section a displaced business or farm may be eligible for a fixed payment as provided in subsection (e).
(b) Actual Reasonable Moving Expenses.
(1) The owner of a business or farm may be paid the actual, reasonable cost of a move accomplished by a commercial mover. Where possible, at least two firm bids shall be obtained prior to the move and submitted to the Department for approval. The Department will authorize payment based on the lowest bid.
(A) Where appropriate, the Department may give the displaced business a Moving Service Authorization in accordance with the provisions of Section 370.12 (b)(1)(B).
(2) Self Moves.
(A) A business or farm which performs the move on its own account shall prepare a certified inventory of the items of personal property to be moved. When the Department can obtain two acceptable bids or estimates from qualified estimators based on the certified inventory, the owner of the displaced business or farm may be paid an amount equal to the low bid or estimate, without negotiation. When circumstances warrant, the Department may negotiate a lower amount not to exceed the lower of the two acceptable bids or estimates. The amount to be paid shall be agreed upon in writing in advance of the move. Upon completion of the move the owner must certify in his claim for payment that the items listed in the certified inventory were actually relocated. If the Department finds that the items actually relocated differ significantly from the certified inventory, payment of the moving cost shall be adjusted accordingly.
(B) If two estimates cannot be obtained, the owner may be paid his actual, reasonable moving costs supported by receipted bills or other evidence of expenses incurred.
(C) A qualified employee of the Department, other than the employee who is handling the claim, may make a moving expense finding not to exceed $1,000.00. The amount of such moving expense finding may be paid the owner of the business or farm upon completion of the move without supporting evidence of actual expenses incurred.
(3) Alternate Payments.
(A) The provisions of subsection (c) of this Section contain the criteria under which reimbursement is based for personal property which is not moved to the new site.
(B) When personal property which is used in connection with the business or farm to be moved is of low value and high bulk and the estimated cost of moving would be disproportionate in relation to the value, the Department may negotiate and agree, in writing, with the owner for an amount not to exceed the difference between the cost of replacement of comparable item(s) on the market and the amount which would probably have been received for the item(s) on liquidation.
(c) Actual Direct Losses of Tangible Personal Property. Reimbursement for the actual direct losses of tangible personal property is allowed when a person who is displaced from his place of business or farm is entitled to relocate such property in whole or in part but elects not to do so. Payments for actual direct losses may only be made after a bona fide effort has been made by the owner to sell the item involved. When the item is sold the payment will be determined in accordance with subsection (c) (1) or (c) (2) of this Section. If the item cannot be sold the owner will be compensated in accordance with subsection (c) (3) of this Section. The sales prices, if any, and the actual, reasonable costs of advertising and conducting the sale shall be supported by a copy of the bills of sale or similar documents and by copies of any advertisements, offers to sell, auction records, and other documentation supporting the bona fide nature of the sale.
(1) If the business or farm is to be reestablished and an item of personal property which is used in connection with the enterprise is not moved but promptly replaced with a comparable item at the new location, the reimbursement shall be the lesser of:
(A) The replacement cost of the item not moved minus the net proceeds of the sale; or
(B) The estimated cost of moving the item.
(2) If the business or farm is being discontinued or the item is not to be replaced in the reestablished enterprise the payment will be the lesser of:
(A) The difference between the depreciated value of the item in place and net proceeds of the sale; or
(B) The estimated cost of moving the item.
(3) If a bona fide sale is not effected under subsection (c) (1) or (c)(2) of this Section because no offer is received for the property, the owner shall be entitled to the reasonable expenses of the sale. The displaced owner shall arrange to have the personalty removed from the premises at no cost by a junk dealer, etc. If this fails the Department shall remove the item in the most economical manner.
(4) When personal property is abandoned with no effort made by the displaced owner to dispose of such property by sale or by removal at no cost as specified in the above paragraphs, the owner will not be entitled to moving expenses, or losses, for the items involved.
(d) Actual Reasonable Expenses In Searching For a Replacement Business or Farm.
(1) The owner of a displaced business or farm may be reimbursed for the actual reasonable expenses in searching for a replacement business, not to exceed $500.00. Such expenses may include transportation expenses, meals, lodging away from home and the reasonable value of time actually spent in search, including the fees of real estate agents or real estate brokers if actually required and paid by the displaced business.
(A) Receipted Bills. All expenses claimed except value of time actually spent in search must be supported by receipted bills.
(B) Time Spent In Search. Payment for time actually spent in search shall be based on the applicable hourly wage rate for the person conducting the search but may not exceed $10.00 per hour. A certified statement of the time spent in search and hourly wage rate shall accompany the claim.
(e) In Lieu of Actual Moving Expenses. In lieu of the payments described in subsections (b), (c), and (d) of this Section, an owner of a discontinued or relocated business or farm is eligible to receive a payment equal to the average annual net earnings of the enterprise except that such payment shall be not less than $2,500.00 nor more than $10,000.00 providing the following requirements are met:
(1) Department Shall Determine. In order for the owner of a business or farm to be entitled to this payment, the Department shall determine that:
(A) The business or farm cannot be relocated without a substantial loss of its existing patronage. Loss of existing patronage is determined by comparing existing patronage as defined in Section 370.00 of this Article to the estimated net income of the business for the 12 month period after relocation. Such determination shall be made only after consideration of all pertinent circumstances, including but not limited to the following factors:
1. The type of business or farm conducted by the displaced owner;
2. The nature of the clientele of the displaced business or farm;
3. The relative importance of the present and proposed location to the displaced business or farm;
4. Availability of replacement sites within the financial means of the displaced business or farm;
5. Competitive advantage of the existing location;
6. In case of a partial taking of a business or farm, the determination of whether the property remaining is no longer an economic unit;
7. Substantial additional capital expense required, or higher operating costs at the replacement site.
(B) The business or farm is not part of a commercial enterprise having at least one other establishment which is not being acquired which is engaged in the same or similar enterprise. The Department may determine by suitable criteria that the remaining facility is not another “establishment” for purposes of this section.
(C) The business or farm contributes materially to the income of the displaced owner. A part-time individual or family occupation in the home which does not contribute materially to the income of the displaced owner is not eligible for this payment.
(2) Owner Must Provide Information. To be eligible for the payment in lieu of actual and reasonable moving expense, the displaced business or farm must make its income tax and sales tax returns and its financial statements and accounting records available for audit for confidential use by the Department.
(3) In Business or Farming Less Than 2 Years. If the business or farm affected can show that it was in operation 12 consecutive months during the two taxable years prior to the taxable year in which it is required to relocate, had income during such period and is otherwise eligible, the owner of an enterprise is eligible to receive the in lieu payment. Where the business or farm was in operation for 12 consecutive months or more but was not in operation during the entire two preceding taxable years, the payment shall be computed by dividing the net earnings by the number of months the business or farm was operated and multiplying by 12. A taxable year is defined as any 12-month period used by the business or farm in filing income tax returns.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.14. Moving Payments to Nonprofit Organizations.
Note
(a) A displaced nonprofit organization eligible under Section 370.11 (a) is eligible to receive payments for either
(1) Actual reasonable moving expenses, actual direct losses of tangible personal property, actual reasonable expenses in searching for a replacement site, or
(2) In lieu of actual expenses in accordance with Section 370.13 (b), (c), (d) and (e), a payment in the amount of $2,500 if the Department determines that:
(A) The nonprofit organization cannot be relocated without a substantial loss of its existing patronage. The term “existing patronage” as used in connection with nonprofit organizations only includes the persons, community or clientele serviced or affected by the activities of the nonprofit organization; and
(B) The nonprofit organization is not part of an enterprise having at least one other establishment not being acquired which is engaged in the same or similar activity.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
Note
(a) General.
(1) The owner of a displaced advertising sign eligible under Section 370.11 (a) is eligible to receive a payment for actual reasonable moving and related expenses which include:
(A) Actual reasonable expenses in moving his advertising sign as provided in subsection (b) of this section;
(B) Actual direct losses of tangible personal property as provided in subsection (c) of this section; and
(C) Actual reasonable expenses in searching for a replacement sign site as provided in subsection (d) of this section.
(2) An owner of an advertising sign who is otherwise eligible for moving payments will not be eligible if he moves his sign to a site in violation of State, Federal or local regulations.
(3) The provisions of this paragraph do not apply separately to an advertising sign owned by and located on the business or farm being displaced. Those signs considered personal property, including signs eligible under Section 370.11 (m) are to be considered items of the business or farm and included under the provisions of Section 370.13.
(b) Actual Reasonable Moving Expenses. The owner of a displaced sign may be reimbursed for his actual, reasonable moving expenses in accordance with the provisions of Section 370.13 (b), (1) and (2).
(c) Actual Direct Losses of Tangible Personal Property. The owner of a sign may be reimbursed for actual direct losses when he is entitled to relocate the sign but does not do so. The amount of such loss will be the lesser of:
(1) The depreciated reproduction cost of the sign as determined by the Department; or
(2) The estimated cost of moving the sign.
(d) Actual Reasonable Expenses in Searching for a Replacement Sign Site.
(1) The owner of a displaced advertising sign may be reimbursed for his actual reasonable expenses in searching for a replacement sign site not to exceed $100.00. Such expenses may include transportation expenses, meals, lodging away from home and the reasonable value of time actually spent in search, including the fees of real estate agents or brokers if actually required and paid for by the displaced sign owner.
(A) Receipted Bills. All expenses claimed except value of time actually spent in search must be supported by receipted bills.
(B) Time Spent in Search. Payment for time actually spent in search shall be based on the applicable hourly wage rate for the person conducting the search but may not exceed $10.00 per hour. A certified statement of the time spent in search and hourly wage rate shall accompany the claim.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.16. Replacement Housing Payments.
Note
(a) General Provisions.
(1) In addition to other payments provided by this Article, eligible individuals and families displaced from their primary residence, including condominiums, cooperative apartments and mobile homes purchased by the State are eligible for replacement housing payments in accordance with this Article.
(2) Displaced individuals or families are not required to relocate to the same occupancy (owner or tenant) status but have other options according to their ownership status and tenure of occupancy as described in Sections 370.17 to 370.23, inclusive, of this Article.
(3) Not more than one replacement housing or rental payment shall be made for each dwelling unit except in the case of multi-family occupancy of one dwelling unit as specified in subsection (f) of this Section.
(b) Requirement to Receive Payments.
(1) In addition to the tenure of occupancy provisions the displaced person is otherwise eligible for the appropriate payments when he relocates and occupies a decent, safe and sanitary dwelling within a one-year period beginning on the later of the following dates:
(A) The date on which the owner received final payment for all costs of the acquired dwelling in negotiated settlements; or in the case of condemnation, the date on which the required amount is deposited into court for the benefit of the owner; or
(B) The date on which he actually vacates the acquired real property.
(2) A displaced person who has entered into a contract for the construction or rehabilitation of a replacement dwelling and, for reasons beyond his reasonable control, cannot occupy the replacement dwelling within the time period shown above shall be considered to have purchased and occupied the dwelling as of the date of such contract. The replacement housing payment or rental payment under these conditions shall be deferred until the displaced person has actually occupied the replacement dwelling.
(3) A displaced person who has entered a legally binding contract for purchase of a replacement dwelling and, for reasons beyond his reasonable control, cannot secure title to and occupancy of the replacement dwelling within the time period shown above shall be considered to have purchased and occupied the dwelling as of the date of such contract. The replacement housing or rental payment under these conditions shall be deferred until title to the premises vests in and the displaced person has actually occupied the replacement dwelling.
(c) Inspection for Decent, Safe and Sanitary Standards. Before making payment to the relocatee the Department shall inspect the replacement dwelling and determine whether it meets the standards for decent, safe and sanitary housing as set forth in Section 370.04 of this Article. Such determination by the Department that a dwelling meets the standards for decent, safe and sanitary housing is made solely for the purpose of determining the eligibility of relocated individuals and families for payments under this Article and is not a representation for any other purpose.
(d) Applicants Must Certify Eligibility. Applicants for any payment made under Sections 370.16 to 370.23, inclusive, must certify that, to the best of their knowledge and belief, the replacement dwelling meets the standards for decent, safe and sanitary housing specified in Section 370.04 of this Article and that they are eligible for the payment requested.
(e) Ownership of Replacement Dwelling Prior to the Initiation of Negotiations. Any person who has obtained legal ownership of a replacement dwelling prior to the initiation of negotiations on the project and occupies the replacement dwelling after being displaced but within the time limit specified in subsection (b) of this Section is eligible for replacement housing payment if the replacement dwelling meets the requirements of Section 370.04 of this Article.
(f) Multiple Occupancy of Same Dwelling Unit. The Department shall determine if the multiple occupancy of a single dwelling unit will require proration of replacement housing payments based on equitable criteria consistent with the intent of the displacees and the Relocation Act (Government Code Section 7260, et seq.).
(g) Joint Residential and Business Use. Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments.
(h) Dependents. A dependent who is residing separate and apart from the person or family providing support, whether such separate residence is permanent or temporary, shall be entitled to payment under these regulations, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. At the time the dependent vacates that dwelling, no further payment under these regulations shall be made to such person. For the purposes of this paragraph, a “dependent” shall be a person who derives fifty-one percent (51%) or more of his income in the form of gifts from any private person or any academic scholarship or stipend. Full-time students shall be presumed to be dependents but may rebut this presumption by demonstrating that over fifty percent (50%) of their income is derived from sources other than gifts from another person or academic scholarships or stipends.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.17. Replacement Housing Payments to Owner-Occupant for 180 Days or More Who Purchases a Replacement Dwelling.
Note
(a) General.
(1) A displaced owner-occupant of a dwelling may receive additional payments, the combined total of which may not exceed $15,000.00, for the additional cost necessary:
(A) To purchase replacement housing;
(B) To compensate the owner for the loss of favorable financing on his existing mortgage in the financing of replacement housing; and
(C) To reimburse the owner for incidental expenses incident to the purchase of replacement housing when such costs are incurred as specified herein.
(2) The owner-occupant is eligible for such payments when:
(A) He has been in occupancy of the dwelling to be acquired as his primary residence for at least 180 consecutive days immediately prior to and including the date of initiation of negotiations for the parcel; and
(B) The property was acquired from him by the state; and
(C) He purchased and occupied a decent, safe and sanitary dwelling within the time period specified in Section 370.16 (b).
(b) Purchase Differential Payment.
(1) Amount of Payment. The replacement housing payment is the amount, if any, when added to the amount for which the Department acquired his dwelling, equals the actual cost which the owner is required to pay for a decent, safe, and sanitary dwelling, or the amount determined by the Department as necessary to purchase a comparable replacement dwelling, whichever is less. In the case of a prior owned dwelling, the actual cost of the prior owned dwelling will be based on the historical cost incurred at the time of its purchase. Any additional cost to bring the prior owned dwelling up to minimum decent, safe and sanitary standards may be included in the historical cost.
(2) Determination of Amount Necessary to Purchase Comparable Replacement Housing. The Department shall determine the amount necessary to purchase comparable replacement housing by any reasonable method the Department finds necessary.
(c) Interest Differential Payment.
(1) General.
(A) Interest differential payments are provided to compensate a displaced person for the increased interest costs he is required to pay for financing a replacement dwelling and shall be allowed only when both of the following conditions are met:
1. The dwelling acquired by the Department was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the initiation of negotiations; and
2. The mortgage on the replacement dwelling bears a higher effective rate of interest than the stated mortgage interest rate on the acquired dwelling.
As used in this subsection the term “mortgage” shall include those liens as are commonly given to secure advances on, or the unpaid purchase price of, mobile homes or other vehicles, under the laws of the State of California, together with the credit instruments, if any, secured thereby.
(B) The interest differential payment will be based on and limited to the lesser of the following amounts:
1. The present worth of the right to receive the monthly difference in mortgage payments on the existing mortgage using the old and new interest rates; or
2. The present worth or the right to receive the monthly difference in mortgage payments on the new mortgage using the old stated and new interest rates.
(2) Payment Computation. The Department shall determine the amount of the interest differential payment.
(3) Interest Rate of Replacement Dwelling Mortgage. The interest rate of the mortgage on the replacement dwelling to be used in the computation shall not exceed the prevailing interest rate currently charged by mortgage lending institution in the vicinity.
(4) Discount Rate. The present worth shall be based on a discount rate equal to the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the acquired dwelling is located.
(5) Points and Loan Fees.
(A) To the amount of the increased payment shall be added the following:
1. The amount actually paid, if any, as points by the eligible displaced owner in the purchase of the replacement dwelling, not to exceed an amount calculated by multiplying the prevailing point rate by the amount of the eligible portion of the mortgage on the replacement dwelling, or the probable replacement cost of the acquired dwelling as determined by the Department whichever is less. A “point” is defined as 1% of the outstanding mortgage balance.
2. The amount actually paid, if any, as loan origination or service fees by the eligible displaced owner in the purchase of the replacement dwelling, not to exceed one percent of either the mortgage on the acquired dwelling, or 1% of the probable replacement cost of the acquired dwelling as determined by the Department, whichever is less.
(6). Variable Rate Mortgages.
(A) The interest rate of the mortgage on the acquired property shall be deemed to be that stated in the mortgage except that in those mortgages wherein the lender has the lawful right to make periodic adjustments in the interest rate, the interest rate in effect at the time of acquisition by the Department shall be used in the increased interest cost computation.
(B) The interest rate of the mortgage on the replacement dwelling shall be deemed to be the rate which will be applied to determine the first periodic payment of principal and interest on said mortgage.
(d) Incidental Expenses.
(1) Amount of Payment. The incidental expenses payment is the amount necessary to reimburse the homeowner for the actual costs incurred by him incident to the purchase of the replacement dwelling, but not for prepaid expenses. Such expenses shall be reasonable and legally required or customary in the community. Such costs may include, but are not limited to, the following items where actually paid by the displaced homeowner:
(A) Legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plates and charges paid incident to recordation;
(B) Lenders, Federal Housing Administration or Veterans Administration appraisal fee;
(C) Federal Housing Administration or Veterans Administration application fee;
(D) Certification of structural soundness when required by lender, Federal Housing Administration or Veterans Administration;
(E) Credit report;
(F) Owner's title policy or abstract of title;
(G) Escrow agent's fee;
(H) State real estate transfer tax;
(I) Sales or transfer taxes;
(J) No fee, cost, charge or expense is reimbursable as an incidental expense when it is determined to be a part of the debt service, or finance charge under the Truth in Lending Act, Title I, Public Law 90-321, and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System.
(e) Owner Retention of Dwelling. Where an owner-occupant retains his dwelling, the replacement housing payment shall be computed in accordance with the appropriate paragraph below:
(1) Dwelling is Decent, Safe and Sanitary. The payment, if any, shall be the amount by which the costs to relocate the retained dwelling exceeds the appraised value of the dwelling.
The costs to relocate may include the reasonable costs of acquiring a new site and other expenses incident to retaining, moving the dwelling and restoring it to a condition comparable to that before the move.
(2) Dwelling is Not Decent, Safe and Sanitary. The payment shall be computed as shown above except that the costs to cure the decent, safe and sanitary deficiencies shall be included in the costs to relocate.
(3) Limitations. The payment computed under Paragraphs (1) or (2) of this subsection may not exceed the amount which the owner would have obtained under subsection (b) (1) of this Section or, if no comparables are available on which to make such a determination, the cost of a new dwelling adequate to accommodate the displaced person.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.18. Rental Differential Payment to Owner-Occupant for 180 Days or More Who Rents a Replacement Dwelling.
Note
(a) General. An owner-occupant eligible for a replacement housing payment under Section 370.17 (a) who elects to rent a replacement dwelling is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment shall be computed and disbursed in accordance with the provisions of Section 370.21 (b), (c) and (d) except that:
(1) The present rental rate shall be economic rent as determined by market data; and
(2) The payment may not exceed the maximum amount which he would have received had he elected to receive a purchase differential payment under Section 370.17 (b).
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.19. Replacement Housing Payment to Owner-Occupant for Less Than 180 Days but Not Less Than 90 Days Who Purchases a Replacement Dwelling.
Note
(a) General. A displaced owner-occupant otherwise eligible under Section 370.17 (a) except that he has owned and occupied the dwelling for less than 180 days but not less than 90 days may receive an amount, not to exceed $4,000.00, to enable him to make a downpayment on the purchase of a replacement dwelling and reimbursement for actual expenses incident to such purchase; or for additional costs to relocate his retained dwelling in accordance with the following:
(b) Computation of Downpayment and Incidental Expenses.
(1) The amount of the downpayment shall be determined by the Department as the amount required as a typical downpayment on a comparable dwelling if such purchase was financed with a conventional loan, plus the amount required to be paid by the purchaser as points and/or an origination or loan services fee (not to exceed one percent of the probable replacement cost of the acquired dwelling as determined by the Department or one percent of the loan on the replacement dwelling whichever is less), if such fees are normal to real estate transactions in the area.
(2) The expenses incident to the purchase of replacement housing as provided in Section 370.17 (d);
(3) Upon purchase and occupancy of a decent, safe and sanitary dwelling by the relocatee within the time limits specified by Section 370.16 (b) the relocatee may be reimbursed:
(A) The amount of the downpayment determined in subsection (b) (1) of this Section and the eligible incidental expenses if the total amount of both does not exceed $2,000.00, or if more than $2,000.00;
(B) $2,000.00, plus 50 percent of the amount in excess of $2,000.00 providing the relocatee contributes 50 percent of the amount in excess of $2,000.00. In no event may the combined payments exceed $4,000.00.
(4) The full amount of the downpayment must be applied to the purchase price and eligible incidental costs, such downpayment and incidental costs claimed must be shown in the closing statement.
(c) Owner Retention of Dwelling. The owner may retain his dwelling and the replacement housing payment, if any, will be determined in accordance with the provisions of Section 370.17 (e) (1) and (2) but in no event will such payment exceed $4,000.00.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.20. Rental Differential Payment to Owner-Occupant for Less Than 180 Days but Not Less Than 90 Days Who Rents a Replacement Dwelling.
Note
(a) General. A displaced owner-occupant otherwise eligible under Section 370.17 (a) except that he has owned and occupied the dwelling for less than 180 days but not less than 90 days and elects to rent a replacement dwelling is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment will be computed and disbursed in accordance with the provisions of Section 370.21 (b), (c) and (d) except that the present rental rate shall be economic rent as determined by market data.
NOTE
Authority cited: 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.21. Rental Differential Payment to Tenant-Occupant for Not Less Than 90 Days Who Rents a Replacement Dwelling.
Note
(a) General. A displaced tenant is eligible for a rental differential payment not to exceed $4,000.00, if:
(1) He has been occupying the dwelling to be acquired as his primary residence for at least 90 consecutive days immediately prior to and including the date of initiation of negotiations; and
(2) The property was subsequently acquired; and
(3) He rented and occupied a decent, safe and sanitary dwelling within the time period specified in Section 370.16 (b).
(b) Computation of Payment.
(1) The payment, not to exceed $4,000.00, shall be determined by subtracting forty-eight (48) times the base monthly rental from:
(A) Forty-eight (48) times the monthly amount which the tenant actually pays for a replacement dwelling, or if lesser;
(B) Forty-eight (48) times the monthly amount determined by the Department as necessary to rent a comparable replacement dwelling.
(c) Department to Determine Method. The Department shall determine the amount necessary to rent a comparable replacement dwelling.
(d) Disbursement of Rental Differential Payments.
(1) Rental differential payments shall be paid in a lump sum, monthly or at other intervals determined as appropriate by the Department.
(2) If an installment payment is determined appropriate, the tenant must certify to the Department prior to receiving each installment payment that he is occupying decent, safe and sanitary housing. In the case where installment payments are being made to a dependent, he must certify that he is actually occupying the replacement property as specified in Section 370.16 (h).
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.22. Replacement Housing Payment to Tenant-Occupant for Not Less Than 90 Days Who Purchases a Replacement Dwelling.
Note
(a) General. A displaced tenant eligible for a rental replacement housing payment under Section 370.21 (a) who elects to purchase a replacement dwelling is eligible to receive an amount, not to exceed $4,000.00, to enable him to make a downpayment on the purchase of a comparable replacement dwelling including the expenses incident to such purchase.
(b) Computation of Payment. The payment shall be computed in accordance with the provisions of Section 370.19 (b).
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.23. Replacement Housing Payment to Tenant of a Sleeping Room for Not Less Than 90 Days.
Note
(a) General. A displaced tenant of a sleeping room who is eligible for a replacement housing payment under Section 370.21 (a) may receive an amount not to exceed $4,000.00 as a comparable replacement dwelling in accordance with the following paragraphs.
(b) Rental Differential Payment.
(1) The payment, not to exceed $4,000.00, shall be computed in accordance with the provisions of Section 370.21 (b).
(2) The Department's determination of the amount necessary to rent and the disbursement of the rental differential payments shall be as provided in Section 370.21 (c) and (d).
(c) Downpayment. The downpayment amount, including the expenses incident to purchase of the comparable replacement dwelling are to be computed in accordance with the provisions of Section 370.19 (b).
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
Note
(a) General. Acquisition of Mobile Homes. The Department may purchase mobile homes where:
(1) The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost; or
(2) The mobile home is owner-occupied as a primary residence and is not a decent, safe and sanitary dwelling unit as defined in Section 370.04(c) of this Article and the decent, safe and sanitary deficiencies cannot be remedied at a reasonable cost.
(3) The mobile home is owner-occupied as a primary residence, and there are no adequate mobile home sites available in which to relocate the displacee's mobile home.
(b) Partial Acquisition of Mobile Home Park. Where the Department determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his business or go out of business the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move shall be eligible to receive the same payments as though their dwellings were within the actual taking.
(c) Mobile Homes as Replacement Dwellings. A mobile home may be considered a replacement dwelling provided:
(1) The mobile home meets decent, safe and sanitary standards as provided in Section 370.04(c);
(2) The mobile home is placed in a fixed location;
(A) In a mobile home park which is licensed and operating under State law; or
(B) In a mobile home subdivision wherein the displaced person owns the lot on which the mobile home is placed; or
(C) On real property owned or leased by the displaced person in other than a mobile home subdivision, provided such placement is in accordance with State and local laws or ordinances and provided such placement was made under permit from the State or local agency.
(d) Computation on Next Highest Type. When a comparable mobile home is not available it will be necessary to calculate the replacement housing payment on the basis of the next highest type of dwelling that is available and meets the applicable requirements and standards, i.e., a higher type mobile home or a conventional dwelling.
(1) “Not available” as used in this subsection includes, but is not limited to, those cases where mobile homes cannot be relocated in mobile home parks within a reasonable distance from the place of dislocation because of lack of available spaces or because of the standards and rules of the mobile home parks where spaces are available.
(e) General Provisions. The general provisions for moving expenses and replacement housing payments of Sections 370.11 and 370.16 of this Article are also applicable to owners and tenants of mobile homes.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.25. Moving Expenses for Mobile Homes.
Note
(a) General. The eligibility requirements of Section 370.11(a) and the provisions of Sections 370.11 and 370.12 are applicable to owners and occupants displaced from a mobile home.
(b) Owners of Mobile Homes.
(1) The owner of a mobile home may be reimbursed for the actual reasonable costs of moving the mobile home or other personal property in accordance with the provisions of Section 370.12(b); or
(2) If the owner occupies the mobile home, whether the mobile home is moved or not, he may elect to be reimbursed in accordance with Section 370.12(c).
(3) The cost of moving a mobile home on an actual cost basis may include the cost of detaching and reattaching fixtures and appliances where applicable. When required at the replacement site, the Department may include, as moving expenses, necessary costs of skirting, awnings, etc.
(c) Mobile Home Tenants. Tenants who are displaced from a mobile home may elect to be reimbursed for moving their personal property on an actual reasonable cost basis as specified in Section 370.12(b) or in accordance with Section 370.12(c).
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.26. Replacement Housing Payments--Mobile Homes.
Note
(a) The owner-occupant of a mobile home and site who purchases both a replacement dwelling and site shall be provided a replacement housing payment in accordance with Sections 370.17 or 370.19, as appropriate. If the owner-occupant rents both a replacement dwelling and site, he shall be provided a payment in accordance with Sections 370.18 or 370.20, as appropriate.
(b) The owner-occupant of a mobile home and site who purchases a replacement dwelling and rents a replacement site shall be provided a payment in accordance with Sections 370.17 and 370.18. The payment shall be limited to the lesser of:
(1) The amount as determined by the Department as necessary to purchase a conventional replacement dwelling; and
(2) The amount as determined by the Department as necessary to purchase a replacement mobile home (in accordance with Section 370.17) plus the amount necessary to rent a replacement site (in accordance with Section 370.18) to a maximum of $15,000.
(3) If an owner-occupant for over 90 days but less than 180 days, the owner-occupant of a mobile home would only be eligible for payments provided by Sections 370.19 or 370.20 to a maximum of $4,000.
(c) The owner-occupant who owns a site from which he moves a mobile home shall be provided a replacement housing payment under Sections 370.17 or 370.19 if he purchases a replacement site and under Sections 370.18 or 370.20 if he rents a replacement site.
(d) The owner-occupant of a mobile home which is acquired and who rents the acquired site shall be provided payment as follows:
(1) If a mobile home is not available, the amount required to purchase a conventional replacement dwelling (in accordance with Section 370.17); and
(2) The amount necessary to purchase a replacement mobile home (in accordance with Section 370.17) plus the amount necessary to lease, rent, or make a downpayment on a replacement site (in accordance with Sections 370.18 and 370.19) to a maximum of $15,000.
(3) If an owner-occupant of a mobile home for more than 90 days but less than 180 days, the owner-occupant shall only be eligible for payments provided by Sections 370.19 or 370.20, to a maximum of $4,000.
(4) If he elects to rent a replacement mobile home and site, the amount required to do so in accordance with Section 370.18.
(e) The tenant-occupant who rents a mobile home and site shall be provided payments in accordance with Sections 370.21 and 370.22.
(f) Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.27. Housing Provided As a Last Resort--General.
Note
(a) When it is determined that adequate replacement housing is not available, or cannot otherwise be made available, the Department shall take steps to provide comparable replacement housing. Such steps shall include, but not be limited to, the following:
(1) Provide for payments over and above the limits established in this chapter which will put the comparable replacement housing that is available within the financial means of the displacees. Under no circumstances will a rental subsidy exceed a period of 48 months.
(2) Provide for the purchase or construction of comparable replacement housing which can be made available to the displacee, within his financial means and reasonably accessible to his place of employment.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
§370.28. Temporary Moves for Rehabilitation.
Note
(a) If temporary displacement is required because of a program of residential rehabilitation the occupants displaced may be provided at State expense with the following:
(1) Temporary housing in motels or apartments. Displacee shall continue to be liable for payment of rent on the unit from which they have been temporarily displaced.
(2) Transportation of displacees.
(3) Moving of personal property.
(4) Storage of personal property.
(5) Gas and electricity in temporary residence.
(6) Telephone transfers.
(7) If displacees are moved from housekeeping units to accommodations without kitchens, meals shall be provided. The Department may contract with restaurants, or at its option the Department may provide a meal allowance of $12.00 per day for each displacee. The meal allowance may be paid in advance when deemed appropriate by the Department.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
Article 3. Acquisition Policies
Note
The provisions of the Relocation Assistance and Real Property Acquisition Guidelines of the State of California, Department of Housing and Community Development, regarding acquisition policies (California Administrative Code, Title 25, Chapter 6, Article 6) are hereby incorporated.
NOTE
Authority cited: Section 7267.8, Government Code. Reference: Section 7268, Government Code.
Chapter 1.7. Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, and Construction Project Management Firms
Article 1. General Provisions
Note • History
The purpose of these regulations is to establish those procedures authorized and required by legal enactments, including the following:
-- Chapter 1434 of the Statutes of 1974, as amended, which added Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code.
-- Initiative Measure of 2000 (Proposition 35, § 4, approved November 7, 2000, effective November 8, 2000), which added Chapter 10.1 (commencing with Section 4529.10) of Division 5 of Title 1 of the Government Code.
-- Article XXII of the California Constitution, Article XXII, which was added by Initiative Measure (Proposition 35, § 4, effective November 8, 2000, approved November 7, 2000), and amended the California Constitution.
Such procedures shall require the securing of services covered under Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
The Department of Water Resources is authorized to contract with qualified firms, as described in Government Code Section 4525(a), for the services listed in Government Code Section 4525(d), 4525(e), and 4525(f).
The regulations in this chapter are intended to be broad enough to encompass all matters needed for the Department of Water Resources to carry out its mission, which includes the duty to manage the water resources of California in cooperation with other agencies, to benefit the State's people, and to protect, restore, and enhance the natural and human environments, and to fulfill its statutory mandates.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4529.10, Government Code.
HISTORY
1. New Subchapter 1.6., Articles 1 and 2 (§§380-390) filed 3-18-76; effective thirtieth day thereafter (Register 76, No. 12).
2. Renumbering of Subchapter 1.6 (Articles 1-2, Sections 380-390) to Subchapter 1.7 filed 1-18-79; effective thirtieth day thereafter (Register 80, No. 3).
3. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
4. Amendment of chapter heading and amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
As used in these regulations:
(a) The term “architectural and engineering (hereafter “A&E”) services” shall include all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including permitting and environmental studies, rights-of-way services, design phase services, construction phase services, public outreach and meeting facilitation related to the foregoing. “A&E services” shall not include legal services rendered to the Department, provided that nothing in these regulations shall prevent an A&E contractor from consulting legal counsel and including the fees as part of its reasonable overhead.
(b) “Department” and “DWR” mean the Department of Water Resources.
(c) “Director” is the Director of the Department of Water Resources or any person delegated by the Director to act on the behalf of the Director.
(d) “Firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(e) “Project” includes a project as defined in Section 10105 of the Public Contract Code, or as defined in Public Resources Code Section 21065. Project shall also include any or all of the State Water Project, the Sacramento River Flood Control Project, any authorized flood control project pursuant to Water Code Section 12570 et seq., and any dam subject to the jurisdiction of the Department pursuant to Water Code Section 6000 et seq. “Project” also includes “'services”' which relate to public works of improvement or other similar Department needs. “Services” shall mean any activity described in Section 381(a) including incidental or ancillary services typically, logically or justifiably performed in connection therewith. Such incidental services may include educational, instructional, training, and public outreach services, providing workshops, making presentations and facilitating meetings. Furthermore, “project” means the nature or scope of work being solicited as defined by a statewide announcement and/or Request for Qualifications.
(f) “RFQ” is an acronym for Request for Qualifications, the solicitation document used to request a Statement of Qualifications of firms that perform A&E services.
(g) “Small business” firm is a firm certified as a “small business” in accordance with Section 14837 of the Government Code.
(h) “SOQ” is an acronym for Statement of Qualifications, the response to an RFQ or annual announcement submitted by firms that perform A&E services.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526, 4527 and 4529.10, Government Code.
HISTORY
1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§381.1. Announcements for Statement of Qualifications and Performance Data.
Note • History
On an annual basis, or more or less frequently as needed by the Department, the Director may request SOQs for specified A&E services by statewide announcement as provided in Section 384 of these regulations. This announcement must, at a minimum, include a description of the project or proposed services, a Department contact, and the date, time and location for submission of SOQs. The announcements may also identify the criteria upon which the award will be made. The statewide announcement shall be made through publications of the respective professional societies.
NOTE
Authority cited: Section 4526, Government Code. Reference: Section 4527, Government Code.
HISTORY
1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Article 2. Specific Provisions
§382. Establishment of Criteria.
Note • History
The Director shall establish criteria which will comprise the basis for selection for each project or proposed services. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability and continuity of the firm and/or subcontractors, location, or other considerations deemed relevant. Such factors shall be weighted by the Director according to the nature of the project or proposed services, the needs of the State and complexity and special requirements of the specific project or proposed services.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4529.12, Government Code.
HISTORY
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§383. Estimate of Value of Services.
Note • History
Before any discussion with any firm concerning fees may take place, the Director shall cause an estimate of the value of such services to be prepared. This estimate may be based on such factors as a market survey, comparison with fees paid to other departments' or agencies' contractors for similar services, or comparison with the salaries of comparable positions within the Department, within State service, or within other governmental entities. This estimate shall serve as a guide in determining fair and reasonable compensation for the services rendered. Such estimate shall be, and remain, confidential until approval of contract or abandonment of any further procedure for the services to which it relates. At any time the Director determines the State's estimates to be unrealistic due to rising costs, special conditions, or for other relevant considerations, the estimate shall be reevaluated and modified if necessary.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4528 and 4529.12, Government Code.
HISTORY
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§384. Request for Qualifications -- Publication of Announcement.
Note • History
(a) Where a project or Department need requires A&E services, the Department may make a statewide announcement through the publications of the respective professional societies, in a construction trade journal, or publicize the requirements for services in other appropriate publications.
The Department may also or as an alternative selectively advertise to reach providers of services within the appropriate trade or profession by publishing the announcement through electronic communications media which support bulletin boards or Internet web sites that have demonstrated statewide accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured.
Failure of any professional society or construction trade journal to publish the announcement shall not invalidate any contract.
(b) The announcement shall include information describing the project or services, a Department contact for obtaining RFQs and the due date, time and location for submission of SOQs. The announcement may also identify the criteria upon which the award will be made. The announcement shall be statewide and shall be made through publications of the respective professional societies.
(c) The Director shall endeavor to provide to all small business firms that have indicated an interest in receiving such, a copy of each announcement for work, projects or services for which the Director concludes that small business firms could be especially qualified. A failure of the Director to send a copy of an announcement to any firm shall not operate to preclude any contract.
(d) If the Department has received at least three SOQs from qualified firms through the announcement issue pursuant to Section 381.1, the Director may waive the statewide announcement required in subdivision (a) of this section.
(e) The Director shall disseminate RFQs to those firms responding to the announcement and to qualified firms providing SOQs pursuant to Section 381.1. The RFQs shall include a description of the project, the criteria upon which the award shall be made, the due date, SOQ submission and contract requirements. The RFQs may also provide for the award of multiple contracts if the selection procedure is sufficiently described in the RFQ and the award otherwise complies with the provisions of this subchapter.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.5, Government Code.
HISTORY
1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section heading, section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
After expiration of the period stated in the announcement prescribed in Section 384, the Director shall evaluate statements of qualifications and performance data that have been submitted to the Department. Discussions shall be conducted with no less than three firms regarding the required service. Where three firms cannot be found that could provide the required service, a full explanation including names and addresses of firms and individuals requested to submit qualifications must be entered in the files. From the firms with which discussions are held, the Director shall select no less than three, in order of preference, based upon the established and published criteria, that are deemed to be the most highly qualified to provide the services required.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.12, Government Code.
HISTORY
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section heading, section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
The Director shall attempt to negotiate a contract with the most highly qualified firm. In negotiating fees and executing a contract, the procedure described in Section 6106 of the Public Contract Code shall be followed. When the Director is unable to negotiate a satisfactory contract with this firm with fair and reasonable compensation provisions as determined by the procedure set forth in Section 383, negotiations shall be terminated. The Director may then undertake negotiations with the second most qualified firm on the same basis. Failing accord, negotiations shall be terminated. The Director may then undertake negotiations with the third most qualified firm on the same basis. Failing accord, negotiations shall be terminated. Should the Director be unable to negotiate a satisfactory contract at fair and reasonable compensation with any of the selected firms, additional firms may be selected in the manner prescribed and the negotiation procedure continued.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4527 and 4528, Government Code.
HISTORY
1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
Firms selected may be retained for up to one year or longer if needed to complete the project or the services.
NOTE
Authority cited: Section 4526, Government Code. Reference: Section 4528 Government Code.
HISTORY
1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
Where the Director determines that a change in the contract is necessary during the performance of the services, the parties may, by mutual consent, in writing, agree to modifications, additions or deletions in the general terms, conditions and specifications for the services involved, including extensions of time, with a reasonable adjustment in the firm's compensation.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4528 and 4529.12, Government Code.
HISTORY
1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§388. Alternative Contract Procedures.
Note • History
(a) Contracting in Phases. Should the Director determine that it is necessary or desirable to have a given project or set of services performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions in the initial instance, provided that the Director shall have determined that the firm is best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable, i.e., in all other respects `Contracts in Phases' must comply with Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code.
(b) Retainer Agreements. The Department may identify the general need for A&E services to assist in its overall mission and may enter into contracts for such services through a retainer agreement. Retainer agreements will provide a process for the development and execution of task orders for defined A&E work. Rates for such work shall be specified in a rate schedule to be attached to the original contract provided that rates may be modified and categories of work added by mutual agreement of the parties. Retainer agreements must comply with Chapter 10 and Chapter 10.1, Title 1, Division 5 of the Government Code.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526 Government Code; Article XXII, California Constitution, Section 1.
HISTORY
1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Repealer and new section heading, section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§389. Director's Power to Require Bids.
Note • History
Where the Director determines that the services needed are technical in nature and involve little professional judgment and that requiring bids would be in the public interest, a contract may be awarded on the basis of bids rather than by following the foregoing procedures for requesting qualifications and negotiation.
NOTE
Authority cited: Section 4526, Government Code. Reference: Section 4529, Government Code; Article XXII, California Constitution, Section 1.
HISTORY
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
The provisions of this subchapter shall not apply to service agreements for architects or engineers engaged to provide consulting services on specific problems on projects where the architectural and engineering work is being performed by State of California Civil Service employees, nor to service agreements for the services of recognized experts retained as members of advisory boards.
NOTE
Authority cited: Section 426, Government Code. Reference: Sections 4525-4529, Government Code.
HISTORY
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Register 82, No. 42).
Chapter 1.8 Residential Water Conservation Tax Credit
§391. Prohibited Practices and Conflict of Interest.
Note • History
(a) Practices which might result in unlawful activity, including but not limited to rebates, kickbacks, or other unlawful consideration are strictly prohibited. The Department shall require a contract entered into pursuant to this chapter to include a provision in which the firm represents that the contract was not obtained through rebates, kickbacks, or other unlawful considerations either promised or paid to a DWR employee. In addition to any other applicable legal proscriptions, failure to adhere to the representation may be cause for contract termination and recovery of damages under the rights and remedies due the Department under the default provision of the contract.
(b) A DWR employee shall not participate in the selection process if the employee has a relationship, as specified in Section 87100 of the Government Code, with a firm seeking a contract subject to this chapter.
(c) Nothing in this chapter shall be construed to abridge the obligation of the Department or the firm to comply with all laws regarding political contributions, conflicts of interest, or unlawful activities.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.12, Government Code.
HISTORY
1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28). For prior history, see Register 85, No. 36.
Chapter 1.9 Minority and Women Business Enterprise Program for Department State Contract Act Contracts
Note • History
This Chapter shall apply to the Department's award of contracts under the State Contract Act, Public Contract Code Sections 10100 et seq.
As used in these regulations:
(a) “Department” is the Department of Water Resources.
(b) “Minority” shall have the meaning set forth in Section 10115.1 of the Public Contract Code.
(c) “M/WBE” means minority business enterprise and or women business enterprise.
(d) The terms “minority business enterprise” (“MBE”) and “women business enterprise” (“WBE”), shall have the respective meanings set forth in Section 10115.1 of the Public Contract Code.
(e) “Contract” shall mean public works contracts as defined in Section 1101 of the Public Contract Code which are awarded by the Department pursuant to the State Contract Act, Public Contract Code Sections 10100 et seq.
NOTE
Authority cited: Section 10115.3, Public Contract Code. Reference: Sections 10115.1 and 10115.2, Public Contract Code.
HISTORY
1. New chapter 1.9 and section filed 10-30-92; operative 10-3-92 (Register 92, No. 44).
§393. Minority and Women Business Enterprise Bid Requirements.
Note • History
Bidders shall either (1) meet the M/WBE goals as set forth in Section 10115 of the Public Contract Code and specified in the bid package released by the Department, and shall provide within the time frames specified in the bidding requirements the names of their M/WBE subcontractors and suppliers of services, material and equipment, together with certification of their M/WBE status as described in Section 393(a) and their indicated dollar participation, or (2) provide within the time frames specified in the bidding requirements the required documentation demonstrating that they have made a good faith effort as described in Section 393(b) to meet the specified goals.
(a) Certification that a firm meets the definition of a M/WBE pursuant to Sections 10115.1(e) and 10115.1(f) of the Public Contract Code shall be accepted when completed by federal, state or local agencies designated by the Department as acceptable for issuing such certification verifying that a specific firm is a M/WBE. These agencies shall include but not be limited to:
(1) State Department of Transportation
(2) U.S. Small Business Administration
(b) A bidder shall be considered to have made a good faith effort upon showing, within the time limits specified in the bidding requirements, to the satisfaction of the Department, that the requirements set forth in Section 10115.2(b) of the Public Contract Code or any other requirements described in the bidding requirements were met.
NOTE
Authority cited: Section 10115.3, Public Contract Code. Reference: Section 10115.2(c), Public Contract Code.
HISTORY
1. New section filed 10-30-92; operative 10-30-92 (Register 92, No. 44).
Note • History
The Department may exempt the application of these regulations to specified contracts pursuant to Section 10115.2(c) of the Public Contract Code.
NOTE
Authority cited: Section 10115.3, Public Contract Code. Reference: Sections 10115.1 and 10115.2, Public Contract Code.
HISTORY
1. New section filed 10-30-92; operative 10-30-92 (Register 92, No. 44).
Chapter 2. Financial Assistance for Local Projects
Article 1. General Provisions
Note • History
As used in these regulations, the terms listed below shall have the meanings noted:
(a) “Department,” “project” and “public agency” shall have the meaning given in Water Code Sections 22, 12881.2(a) and 12881.2(b), respectively.
(b) Governing Body. “Governing body” shall mean the body which is empowered by law to govern the business of a public agency.
(c) Act. “Act” shall mean the Davis-Grunsky Act as set forth in Chapter 5 (commencing with Section 12880) of Part 6 of Division 6 of the Water Code, and any and all amendments which may hereafter be made thereto.
(d) Applicant. “Applicant” shall mean any public agency applying for financial assistance under the Davis-Grunsky Act.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12881.2, Water Code.
HISTORY
1. New Subchapter 2 (§§400, 405, 406, 407, 411 through 416, 420 through 426, 431 and 432) filed 11-12-59; effective thirtieth day thereafter (Register 59, No. 19).
2. Amendment of subsection (b) filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
3. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§405. Purposes and Effect of Regulations.
Note • History
These regulations are adopted for the purpose of carrying out the provisions of the Davis-Grunsky Act.
NOTE
Authority cited: Section 12890, Water Code. Reference: Sections 12880 et seq., Water Code.
HISTORY
1. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
History
HISTORY
1. Repealer filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note • History
No filing fee is required to accompany any request for a preliminary determination of eligibility or any application for assistance under the act.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Article 2. Request for Preliminary Determination of Eligibility for a Project Construction Loan or Grant
§411. Form of Request for Preliminary Determination of Eligibility.
Note • History
Applicants for a loan or grant under the act for the construction of a proposed project shall file with the department a request for a preliminary determination of eligibility in duplicate on a form provided by the department.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. Amendment filed 12-22-61; effective thirtieth day thereafter (Register 61, No. 26).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§412. Material to Accompany Request.
Note • History
Each request that is filed with the department shall be accompanied by duplicate copies of the following material:
(a) A resolution by the governing body authorizing the filing of the request, and designating a representative authorized to act on behalf of the applicant.
(b) A generalized sketch of the proposed project on a U.S. Geological Survey quadrangle map or on any other suitable and readily available map.
(c) Applicant's most recent financial statement.
(d) Such other material as the department may require.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§413. Omissions in Request for Preliminary Determination of Eligibility.
Note • History
If a request for a preliminary determination of eligibility submitted to the department is not complete, or if additional information is required, the department will notify the public agency in what respect the request is incomplete. If the request is not completed within 60 days after notice that the request is incomplete, unless the department extends this time for good cause shown, the department will return the request to the public agency without making any finding as to eligibility and without prejudice to the submission of a new request at any future time.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note • History
Upon receipt of a properly completed request, the department will review it forthwith and will make preliminary findings regarding eligibility as to type of agency, type of project, purposes of project, conformance with The California Water Plan, statewide interest, and, when a loan is proposed, the reasonable ability of the applicant to finance from other sources.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note • History
After a review of a request, the department will notify the applicant of the department's preliminary findings. Such findings shall be solely for the information and guidance of the applicant in determining whether or not it wishes to proceed with an application.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§416. Time to Complete Applications.
Note • History
Upon notice by the department to a public agency of its findings on a request for preliminary determination of eligibility, the public agency will be given a period of one year to complete an application, as set forth in Article 3. If an application is not completed within one year, or within such additional time as the department may grant for good cause shown, then a new request for preliminary determination of eligibility must be filed with the department.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Article 3. Application for a Project Construction Loan or Grant or Facilities Grant
Note • History
Applicants for a loan and applicants for a grant under the Act for the construction of a proposed project, and applicants for a grant under the Act for the construction of initial water supply and sanitary facilities, shall also file with the Department an application in writing which shall contain a specific request for each type of assistance applied for in a specified amount. Such application may be in the form of a letter and shall be accompanied by twenty-five (25) copies of a feasibility report on the applicant's proposed project and by a resolution by the governing body of the applicant adopting the feasibility report and specifically authorizing the filing of the application by a designated representative who is to represent the applicant until final action is taken by the Department on the application. Feasibility reports shall be prepared at the expense of the applicant, under the direction of a licensed civil engineer, except that where an applicant for a loan for an irrigation distribution system project or a municipal distribution system project has no engineer, the feasibility report may be prepared by or under the direction of, the county surveyor, road commissioner or comparable officer of a county in which the applicant is located, in whole or part. Applicants shall obtain a determination from the Department before filing an application whether feasibility reports shall include reports prepared by financial consultants, economists, recreation planners, or by consultants in other special fields. Supporting material with respect to the ability of a public agency to repay a loan and with respect to the reasonable ability of the public agency to finance all or part of the proposed project from other sources may be supplied by the county assessor or the county engineer.
In addition to the above, applications for loans for irrigation or municipal distribution system projects which involve extreme hardship which jeopardizes the public health, safety or welfare shall describe, generally, such extreme hardship existing with respect to the water supply, the financial and economic conditions existing in the area, and the proposed project, and shall be accompanied by:
(a) A report by the assessor of the local agency with respect to assessed valuation and tax delinquencies.
(b) In cases involving a health hazard with respect to the domestic water supply, a report by the local health officer or by the Department of Public Health with respect to such health hazard.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. Amendment filed 12-22-61; effective thirtieth day thereafter (Register 61, No. 26).
2. Amendment filed 12-20-63; effective thirtieth day thereafter (Register 63, No. 25).
3. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
4. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§420.1. Time of Filing Application for Facilities Grant.
Note • History
Applicants for a grant under the act for the construction of initial water supply and sanitary facilities shall file an application for such assistance at the same time an application is filed for a grant for the construction of a proposed project.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New section filed 12-20-63; effective thirtieth day thereafter (Register 63, No. 25).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§421. Contents of Feasibility Report.
Note • History
The feasibility report should contain sufficient information and data to demonstrate that the proposed project is engineeringly feasible, economically justified, and financially sound. The amount of detailed information required in the feasibility report will vary with the type, purpose, and complexity of the project. In each case, the department will advise the applicant regarding the nature and scope of the information and studies which should be contained in the feasibility report. The department will also advise the applicant of the criteria it will use to evaluate the engineering, economic, and financial aspects of the project. In general, feasibility reports shall contain the following:
(a) A general description of the project plan, purpose, and accomplishments, with a map showing the project features and service area.
(b) Studies of water resources and water requirements, including project operational studies demonstrating the accomplishments of the project.
(c) Status of water rights necessary for operation of the project.
(d) Preliminary designs and cost estimates of the project features in sufficient detail to establish probable cost of the project. Estimates of annual costs of operation and maintenance should also be included.
(e) Economic studies to establish the benefits and economic justification of the project.
(f) An allocation of costs among the purposes of the project, if the project has more than one purpose.
(g) Financial studies indicating the proposed method of financing, sources of revenue, and repayment schedule.
(h) A construction schedule and an estimate of the amount of state funds required each year.
(i) Environmental documents prepared and submitted pursuant to Title 14, Division 6, Chapter 3 (Register 78, No. 5) and Title 23, Chapter 2, Subchapter 3 of this Code.
(j) Such other information as the Department may require.
NOTE
Authority cited: Section 21082, Public Resources Code; Section 12890, Water Code. Reference: Sections 21069, 21150, 21153, Public Resources Code; Sections 12882-12882.5, Water Code.
HISTORY
1. Amendment of subsection (i) and new subsection (j) filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§422. Omissions in Application.
Note • History
If an application submitted to the Department is not complete, or if additional information is required, the Department will notify the applicant in what respect the application is incomplete. If the application is not completed within 90 days after the notice that the application is incomplete, unless the Department extends this time for good cause shown, the Department will return the application to the applicant without making any findings on the application and without prejudice to the submission of a new application at any future time.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§423. Use of Department's Data.
Note • History
Any pertinent data in the files of the department will be made available to applicants for use in preparing applications and feasibility reports. Such data will be furnished free of charge except for costs of reproduction. If the proposed project has been reported on by the department, the report may be used by the applicant and supplemented by such additional information as may be necessary to complete the application.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§424. Review and Report by the Department.
Note • History
(a) The Department shall review any application and environmental document submitted to it pursuant to Title 14, Section 15146 of this Code. (Register 78, No. 5).
(b) The Department shall then prepare a report containing its findings and recommendations with respect to the application and will file said report with the State Legislature.
(c) The Department shall furnish the applicant with copies of the report.
NOTE
Authority cited: Section 21082, Public Resources Code; Section 12890, Water Code. Reference: Sections 21002, 21002.1, and 21150, Public Resources Code; Section 12882.4, Water Code.
HISTORY
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§425. Submission to California Water Commission.
Note • History
The Department will submit all applications filed under this Article 3 and the Department's reports thereon to the California Water Commission for its approval before final action is taken by the Department.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12891.4, Water Code.
HISTORY
1. Amendment filed 12-20-63; effective thirtieth day thereafter (Register 63, No. 25).
2. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note • History
The department will notify each applicant of the official action taken by the department and by the California Water Commission with respect to the application.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12891.4, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Article 4. Applications for State Participation
§427. Form and Filing of Application.
Note • History
Applications for state participation under Article 7 (commencing with Section 12886) of the Act shall be made to the Department by a public agency in the form of a letter stating the conditions under which the state participation is desired, accompanied by a resolution by the governing body of the applicant authorizing the filing of the application by a designated representative who is to represent the applicant until final action is taken by the Department on the application. The applicant shall submit to the Department such additional information as the Department may require to reach a decision in the particular case.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12886.4, Water Code.
HISTORY
1. New section filed 12-20-63; effective thirtieth day thereafter (Register 63, No. 25).
2. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Article 5. Procedure Following Approval of a Project Construction Loan or Grant, or Facilities Grant, or State Participation
Note • History
State funds will not be advanced to any applicant pursuant to an approved loan or grant until a contract between the applicant and the department setting forth terms and conditions of such loans or grants has been executed.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12887.2, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Note • History
The department will not execute a contract with any applicant for a loan or grant for the construction of a proposed project, or grant for the construction of initial water supply and sanitary facilities, or state participation, until the applicant submits evidence satisfactory to the department that the applicant holds or can acquire water rights adequate to permit operation of the project as specified in the application. No funds shall be disbursed under the contract unless or until the applicant has or obtains a right or permit to appropriate the water required for operation of the project.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. Amendment filed 12-22-61; effective thirtieth day thereafter (Register 61, No. 26).
2. Amendment filed 12-20-63; effective thirtieth day thereafter (Register 63, No. 25).
3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Article 6. Application for Loan for Preparation of Feasibility Report
Note • History
As used in this Article 5 of these regulations, “feasibility report” shall mean such report on the feasibility of a public agency's proposed project as the department may require the public agency to file with the department in support of an application by the public agency under the Act for a loan for the construction of the proposed project.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New Article 5 (Sections 435, 436, 437) filed 12-22-61; effective thirtieth day thereafter (Register 61, No. 26).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§436. Form and Filing of Application.
Note • History
Applicants for a loan under the act for the preparation of a feasibility report on a proposed project shall file an application for the loan on a form provided by the department. Such application should be filed after receipt of a favorable written reply from the department on a written request for a preliminary determination of eligibility for a loan for the construction of the proposed project filed with the department by the applicant in accordance with Article 2 of these regulations. The application shall be accompanied by such additional information as the department may determine is required to reach a decision in the particular case.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§437. Other Applicable Provisions.
Note • History
The provisions of Sections 422, 423, 424, 425, and 431 of these regulations shall also apply to applications for loans under the Act for the preparation of feasibility reports.
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12882, Water Code.
HISTORY
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
Article 8. Grant Standards
§445. Eligible Recreation Activities.
Note • History
In calculating recreation benefits, the recreation activities that the Department will consider shall be limited to water-associated activities which take place in, on, or adjacent to the reservoir, and which entail direct enjoyment of the recreational values of the reservoir. The activities considered may include bathing, fishing, hunting, boating, water skiing, picnicking, and camping.
Activities and facilities which the Department will not consider shall include, but not be limited to, the following: hiking, riding, cycling, scientific-historic appreciation, swimming pools, swimming lagoons detached from reservoirs, athletic fields, amphitheaters, museums, zoos, nature study areas, stables, and golf courses.
NOTE
Authority cited: Section 12890, Water Code; reference: Section 12884.2, Water Code.
HISTORY
1. New Article 8 (Sections 445 and 446) filed 1-17-68; effective thirtieth day thereafter (Register 68, No. 3).
§446. Eligible Recreation Lands.
Note • History
NOTE
Authority cited: Section 12890, Water Code. Reference: Section 12884.2, Water Code.
HISTORY
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 9. Application for Drought Emergency Loans
NOTE
Authority cited for Article 9 (Sections 447-450, inclusive): Section 6078, Water Code. Reference: Section 12885.9, Water Code.
HISTORY
1. New Article 9 (Sections 447-450, inclusive) filed 9-3-76 as an emergency; effective upon filing (Register 76, No. 36).
2. Certificate of Compliance filed 12-27-76 (Register 77, No. 1).
3. Repealer of Article 9 (Sections 447-450) filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31). For prior history, see Registers 79, No. 4; 77, No. 41; and 77, No. 25.
Chapter 2.2. Environmental Water Act of 1989
Article 1. General Provisions
Note • History
The words used in this chapter have the meanings provided in Water Code Section 12929.2 and set forth below:
(a) “Act” means the Environmental Water Act of 1989 as set forth in Chapter 7.7 of Part 6 of Division 6 of the Water Code (commencing as Section 12929) and any amendments thereto.
(b) “Applicant” means the agency or entity requesting a grant, loan, or combination of grant and loan under the Act.
(c) “Direct Expenditure” means costs incurred by the Department as a result of staff salary and overhead expenses associated with implementing and administering the Act and other costs incurred under the Act.
(d) “Enhancement” means the process of improving upon current conditions, and may be used to describe a program that results in a specific area, such as a watershed, wetland, fisheries, or riparian area, gaining desired features. It is distinguishable from “restoration” in that it does not imply merely a return to natural conditions, but may include the provision of other features that were not part of the area's natural conditions.
(e) “Environmental Water Program” means the program authorized by Article 3 of the Act (§§ 12929.20 through 12929.26, inclusive).
(f) “Environmental Enhancement Component” means that part of the Environmental Water Program that is authorized by Section 12929.26 of the Act.
(g) “Environmental documentation” means written documentation prepared in compliance with all applicable laws and guidelines relating to the protection of the environment and resources of the State, including but not limited to the California Environmental Quality Act and Guidelines (Public Resources Code § 21000 et seq.); the National Environmental Policy Act (42 U.S.C.A. § 4371 et seq.); the Federal Clean Water Act (33 U.S.C.A. §1251 et seq.); the California Fish & Game Code, including the California Endangered Species Act (Fish & Game Code § 2050 et seq.); and the Federal Endangered Species Act (16 U.S.C.A. § 1531 et seq.).
(h) “Mitigation” means those actions required by law for the purposes listed in the CEQA guidelines at 14 California Code of Regulations section 15370.
(i) “Mono Lake Basin Component” means that part of the Environmental Water Program that is authorized by Sections 12929.20 through 12929.25 of the Act.
(j) “Private Agency” means a nongovernmental entity.
(k) “Project” and “program” mean an activity or activities that result in an actual physical change to the environment or produce or conserve water.
(l) “Public Agency” means any Federal agency, State agency, or political subdivision of the State of California, including but not limited to any county, city, city and county, or district.
(m) “Restore” means to reproduce and reestablish the physical and biological characteristics of an area which would occur in a specific area under current climatic, geologic, and hydrologic conditions. An area is suitable for restoration if it has been damaged or if it has been modified by human efforts.
(n) “Study” means an activity that involves investigation, testing, review, or evaluation of data without physically changing the environment or producing additional water or power supplies.
(o) “Technical Feasibility” means that the proposed project can be designed, constructed, and operated to accomplish the purpose for which it is planned, and is planned in accordance with generally accepted engineering and environmental principles and concepts.
(p) “Water Quality Program” means the program authorized by Article 4 of the Act (§§ 12929.30 and 12929.31).
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929, 12929.1, 12929.2, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31 and 12929.41, Water Code.
HISTORY
1. New chapter 2.2 (sections 449.1-449.11) and section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note • History
(a) The matching funds requirement for grants described in Section 12929.41(b) of the Act may be met by monetary contribution, in-kind service such as materials, labor, or staff time, or land easements.
(b) The Department may request that the applicant seek federal funds or participation by federal agencies.
(c) Loan applicants must demonstrate that they possess the ability to repay the loan by providing the following information:
(1) financial statements;
(2) statements of existing cash reserves and existing debts, long term and short term;
(3) a statement describing the applicant's legal authority to enter into a loan contract with the state;
(4) a description of the repayment method;
(5) an explanation of how the applicant proposes to secure the loan if required to do so by the State;
(6) a description of funding sources for all other elements of the proposed project if the total project costs exceed the loan;
(7) disclosure of any other debt currently pending issuance or approval; and
(8) any other information necessary to evaluate the applicant's ability to repay the loan.
(d) The maximum loan term shall be no longer than the useful life of the project.
(e) Applicants may apply for funds that may be appropriated in the future.
(f) Applications that are not approved for funding may be reconsidered in the next funding cycle.
(g) No funds shall be disbursed until the applicant has obtained all applicable permits and complied with all applicable federal, state, and local laws, rules and regulations, and until the applicant and the Department execute a contract setting forth the terms and conditions of such grants or loans.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.41, 12929.42, 12929.43 and 12949.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note • History
(a) Applicants shall file with the Department a complete application. The Department shall provide application packages upon request.
(b) A complete application consists of the application and any required supporting information, including environmental documentation, attached to, or bound with, the application.
(c) If environmental documentation is not completed, the application may be submitted with a statement explaining in detail the steps remaining in the process of obtaining final environmental documentation.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.20, 12929.21 and 12929.22, Water Code. Section 21002.1, Public Resources Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Article 2. Specific Program Provisions
§449.4. Mono Lake Basin Provisions.
Note • History
(a) Eligibility Requirements
(1) Only those types of projects that are listed in Section 12929.22 of the Act and that are technically feasible shall be considered for funding.
(2) Studies may be funded only if they are associated with technically feasible projects.
(3) The project must result in the reduction of diversions of water from the Mono Lake Basin.
(4) Costs of long-term operation and maintenance are not eligible for funding. Costs for long-term operation and maintenance may be part of an in-kind service contribution.
(5) The Department shall review the project's eligibility, and may revise its decision on project eligibility, if prior to the funding of the project the State Water Resources Control Board issues a final order, or a court issues a final judgment, regarding the Mono Lake Basin.
(b) Application Procedure
(1) The application process shall be conducted on a continuing, open basis, in which applications shall be reviewed as they are received.
(2) Each application shall include or be accompanied by the following information:
(A) A detailed project description;
(B) a detailed description of project benefits;
(C) maps of project area, marked with locations of the project components;
(D) a description and determination of project technical feasibility and methods to be used, with certification from a California Registered Engineer;
(E) a firm estimate of the amount of water to be gained, reclaimed, or conserved by the project;
(F) a detailed plan and schedule showing timing and amount of reduced diversion from the Mono Lake Basin;
(G) a detailed outline of total project costs, including long-term operation and maintenance costs;
(H) a description of source and amount of matching funds;
(I) environmental documentation and permits that are required, or a statement pursuant to Section 449.3(c) if environmental documentation is incomplete;
(J) a detailed schedule for the completion of the proposed project;
(K) copies of any project feasibility studies that have been prepared for the project; and
(L) any other information necessary to evaluate the project's eligibility and technical feasibility.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.21, 12929.22, 19292.24, 12929.41 and 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§449.5. Environmental Enhancement Component.
Note • History
(a) Eligibility Requirements
(1) Projects must involve activities listed in Section 12929.26 of the Act.
(2) Applications for technically feasible projects and programs shall be considered for funding. Studies may be funded only if they are associated with technically feasible projects funded by the Environmental Water Fund.
(3) No funds shall be granted or loaned for long-term operation and maintenance. Costs for long-term operation and maintenance may be part of an applicant's in-kind service contribution.
(4) Projects that are mitigation for other projects are not eligible for funding under this program.
(5) In order to allow for a greater number of projects to be funded, the total amount funded through grants, loans, or a combination of grants and loans, for any single project shall not exceed one million dollars ($1,000,000), unless the applicant demonstrates to the Department's satisfaction that the project provides unique possibilities for significant environmental benefits to the State.
(6) Studies not associated with technically feasible projects funded by the Environmental Water Fund may be considered for funding if the applicant demonstrates to the Department's satisfaction that the study provides unique possibilities for significant environmental benefits to the State by advancing our knowledge and understanding of a problem and its solution, and that a resource of statewide significance is in jeopardy and completion of the proposed study is a critical initial step in restoration or enhancement of the resource.
(b) Projects with one or more of the following features may be given priority for funding:
(1) The project is at an advanced stage in the planning process;
(2) The project represents advancement of an overall enhancement or restoration goal of statewide or regional interest.
(c) Application Procedure
(1) Applications shall be submitted to the Department no later than June 30 of each year for consideration for funding in the following fiscal year.
(2) The Department may also solicit applications at any time.
(3) Each application shall include or be accompanied by the following information:
(A) A detailed project description
(B) a detailed description of project benefits
(C) maps of project area, marked with locations of the project components;
(D) a description and determination of technical feasibility and methods to be used, with certification from a California Registered Engineer;
(E) copies of any project feasibility studies that have been prepared for the project;
(F) a detailed schedule for the completion of the proposed project;
(G) an outline of total project costs, including, where applicable:
(i) capital costs, and costs of labor, material, and equipment,
(ii) land acquisition costs,
(iii) planning-related costs
(iv) costs for mitigation if required in order to implement the project, and
(v) an estimate of any long-term operation and maintenance costs associated with the project;
(H) a description of the source and amount of matching funds;
(I) environmental documentation and permits that are required, or a statement pursuant to Section 449.3 (c) if environmental documentation is incomplete;
(J) a detailed justification for any application requesting funding for more than $1,000,000 (one million dollars) per single project. The justification should clearly detail the significant environmental benefits to the State and show that other funds are not available that could reduce the amount requested from the Environmental Water Fund; and
(K) any other information necessary to evaluate the project's eligibility and technical feasibility.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.26, 12929.41, 12929.43 and 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§449.6. Water Quality Program.
Note • History
(a) Projects must involve activities described in Sections 12929.30 and 12929.31 of the Act.
(b) Applications shall be submitted no later than June 30 for consideration for funding in the following fiscal year.
(c) The Department may also solicit applications at any time.
(d) Each application shall include or be accompanied by the following information:
(1) a detailed description of the project or study;
(2) a detailed description of the benefits to be provided by the project or study;
(3) maps of project or study area, marked with locations of the project components;
(4) a description and determination of the project's technical feasibility and methods to be used;
(5) a detailed outline of costs of the project or study;
(6) a description of source and amount of matching fund sources;
(7) environmental documentation and permits that are required, or a statement pursuant to Section 449.3(c) if environmental documentation is incomplete;
(8) a detailed schedule for the completion of the proposed project or study;
(9) copies of any project feasibility studies that have been prepared for the project;
(10) any other information necessary to evaluate the eligibility and technical feasibility of the study or project.
NOTE
Authority cited: Section 12929.44, Water Code. References: Sections 12929.30, 12929.31, 12929.41, 12929.43 and 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Article 3. Evaluation Process
Note • History
(a) The Department shall evaluate each application for preliminary eligibility based on the applicant's description of the project, program, or study, and financial and cost information provided. The Department will notify the applicant of the applicant's preliminary eligibility status.
(b) A Technical Review Committee (TRC) shall be established by the Department to evaluate the project or study and to make recommendations to the Department.
(c) The TRC shall be composed of Department representatives, representatives of the Department of Fish and Game, and other state and federal representatives, as determined by the Department.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.20, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31, 12929.40 and 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Note • History
(a) After the Department notifies an applicant of the proposed project's preliminary eligibility, the applicant shall hold one or more public meetings to describe the project to interested persons.
(b) If the applicant has already held a public meeting on the project, the Department may waive the requirement of subdivision (a).
(c) If the applicant changes any part of the project as a result of comments received from a public meeting, the applicant must submit those project changes to the Department for further review.
(d) Any comments received by the applicant during public comment shall be presented to the Department before the application shall be considered complete.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Section 12929.40, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§449.9. Basis for Award of Funds.
Note • History
The Department's decision to award funds to a program, project or study shall be based on the following factors:
(a) Whether the project, program, or study is consistent with the Act and regulations promulgated under the Act;
(b) the significance and scope of the environmental benefits provided;
(c) the technical feasibility of the project, program or study;
(d) availability of funds from the Environmental Water Fund; and
(e) the availability of alternative funding.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Sections 12929.11, 12929.14, 12929.15, 12929.20, 12929.21, 12929.22, 12929.23, 12929.24, 12929.26, 12929.30, 12929.31, 12929.41, 12929.42 and 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§449.10. Project Site Visitation.
Note • History
(a) Prior to entering into a contract, representatives of the Department may visit the project site to assess its conditions and needs, and then meet with project sponsors.
(b) After entering into a contract and during planning and construction or after project completion, the Department may inspect the project site at any reasonable time to ensure that the project is being carried out in accordance with the project described in the application and as described under the contract.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Section 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§449.11. Commitment of Funds and Final Report.
Note • History
(a) After a project, program or study has been approved for funding by the Department Director, a letter of commitment will be sent to the applicant, stating that the application has been approved for funding.
(b) The interest rate for a loan shall be stated in the letter of commitment.
(c) If a contract is not signed within three months after the commitment letter is sent to the applicant, the Department may withdraw or revise the letter of commitment.
(d) Upon completion of the project, the applicant shall submit a written report of the project to the Department. The report should include photographs of restoration or enhancement activities and techniques.
NOTE
Authority cited: Section 12929.44, Water Code. Reference: Section 12929.45, Water Code.
HISTORY
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Chapter 2.3. Loan Programs Under the Water Conservation and Water Quality Bond Law of 1986, and the Water Conservation Bond Law of 1988 and Loan and Grant Programs for Local Projects Under the Safe, Clean, Reliable Water Supply Act
Note • History
The words used in this subchapter have the meanings set forth below:
(a) “Bond law” means the Water Conservation and Water Quality Bond Law of 1986 as set forth in chapter 6.1 of division 7 of the Water Code (commencing at section 13450), and the Water Conservation Bond Law of 1988 as set forth in chapter 4.7 of part 6 of division 6 of the Water Code (commencing at section 12879) and Local Projects, under the Safe, Clean, Reliable Water Supply Act, set forth in Article 4 of Chapter 6, Division 24 of the Water Code (commencing with section78680).
(b) “Applicant” means a public local agency or public agency as defined in the bond law which files an application for funding under the provisions of the bond law with the Department of Water Resources.
(c) “Ground water recharge project” means a project involving capital outlay expenditures to construct, expand, renovate or restructure land and facilities for artificial ground water recharge or in-lieu recharge, and may include the purchase of land or easements, but not the purchase of surface waters for use in lieu of pumping groundwater.
(d) “Water conservation project” means a project consisting of voluntary, cost-effective capital outlay water conservation programs as defined in the bond law.
(e) “Water supply project” means any canal, dam, reservoir, groundwater extraction facility or other construction or improvement, including rehabilitation of a dam for water supply purposes, by a local agency for the diversion, storage or distribution of water which will remedy existing water supply problems. This includes any such project for the storage or distribution of reclaimed water for reuse.
(f) “Local Project” means a project as defined in section 78680.4(b) of the water code.
(g) “Eligible project costs” means costs associated with (c), (d), (e), and (f), above that may be paid out of the proceeds of a loan made under the bond law. It includes the reasonable costs of engineering, land and easement acquisition, legal fees, preparation of the application to establish eligibility, preparation of environmental documentation, environmental mitigation, and construction. Costs incurred prior to applying for or entering into a contract for funding, including costs for a feasibility study, may be reimbursed from the loan proceeds at the Department's discretion.
Costs which are not eligible include:
(1) operation and maintenance costs,
(2) purchase of movable equipment not an integral part of the project,
(3) establishing a reserve fund,
(4) purchase of water supplies, and
(5) payment of principal or interest of existing indebtedness or any interest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of funds by the Department;
(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and
(C) The purposes for which the debt is incurred are otherwise eligible project costs.
(h) “Hydrogeologic feasibility” means a determination by a registered geologist that water placed in the ground water recharge facility will percolate to the aquifer intended to be recharged, and that water quality of that aquifer is compatible with the recharge water. For an in-lieu ground water recharge project, hydrogeologic feasibility means a determination by a registered geologist that the proposed operation will result in recharge of the aquifer.
(i) “Economic justification” means that the primary economic benefits of the project exceed the primary costs of the project.
(j) “Net water savings” means savings achieved by reducing water losses from already developed primary water sources, such as surface storage reservoirs or ground water.
(k) “Environmental documentation” means written documents prepared and filed in accordance with the California Environmental Quality Act (division 13, Public Resources Code commencing with section 21000), the State CEQA Guidelines (title 14, section 15000, et seq.), the National Environmental Policy Act (title 42, United States Code, commencing with section 4321), and all applicable regulations.
(l) “Engineering feasibility” means that the proposed project can be designed, constructed and operated to accomplish the purposes for which it is planned, and is planned in accordance with generally accepted engineering and environmental principles and concepts. Hydrologic studies and information on water rights and the sufficiency of water supply are essential to the determination of engineering feasibility.
(m) “Financial feasibility” means a determination by the Department that the applicant can complete the project, or feasibility study with the amount of funds requested in the funding application, and that the applicant has the ability to repay both the principal and interest on a loan over the designated repayment period. If the project or feasibility study cannot be completed within the amount of the funding requested, but the applicant can establish, to the department's satisfaction, that additional funds from other sources are available to complete the project or feasibility study and the applicant has the ability to repay all loans, whether from the Department or other sources; the Department may determine that the project, or feasibility study is financially feasible.
(n) “Overdraft” means that groundwater is being extracted from a basin at a projected long term average rate greater than the long term average recharge from natural and artificial sources, and that continuation of present water management practices would probably result in significant adverse overdraft related environmental, social and/or economic impacts.
(o) “Critical need” is the same as “urgency of need” and means physical and financial need for the project in the community. Physical need is determined by the general state of the water system, dependency on the water supply, water quality conditions and the availability of substitute supplies. Financial need is determined by the ability of an applicant to fund the project from other sources.
(p) “Water management program” means any formalized water management program, including relevant local land use, water management or general plans.
(q) “Statewide Interest” means the extent to which a project protects public or private property from damage, protects natural resources against loss or waste or fosters their conservation and proper use, or produces benefits that are disbursed generally throughout the community or project area.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2, 12879.5, 12879.6, 78680.4, 78680.10, 78680.12 and 78680.14, Water Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. New subsection (e), (k)-(p), amendment of subsections (a)-(d) and renumbered subsections (f)-(j) filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Amendment of chapter heading, section and Note filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
§450.2. Application for Funding for Construction Loans.
Note • History
Applicants for a construction loan under the Bond law shall file an application as provided by the Department. A complete application shall contain the following information:
(1) A description of the project, with illustrations or maps showing project features as appropriate to the type of project, signed by a civil engineer, registered pursuant to California law. For a ground water project, a geologist, registered pursuant to California law, must also sign.
(2) Information demonstrating the engineering feasibility of the project.
(3) Information regarding the economic justification for the project, including a discussion of the least costly alternative to the proposed project which will produce similar results and is engineeringly, financially, and environmentally feasible.
(4) Information regarding critical need for the project.
(5) For ground water recharge projects and in-lieu recharge projects, information regarding the hydrogeologic feasibility of the project and the amount of net overdraft reduction that should result from the project.
(6) For water conservation projects, schematic drawings of water routings before and after the project, showing the effect of the project on diversions, deliveries to customers, evaporation, transpiration, deep percolation and surface drainage, as well as information regarding the net water savings to be derived as a result of the project. This includes identifying the source of the water to be conserved and the use proposed to be made of the conserved water.
(7) For water supply projects and local projects, a description of the existing water supply problems and how the proposed project will remedy them, the source of the water supply proposed to be developed, the proposed use to be made of the developed water supply, and the nature and extent of statewide interest in the project.
(8) Copies of any studies previously prepared for the project.
(9) A statement describing the availability of all water supplies needed for the life of the project, and the water rights the applicant has for the project, addressing the type and duration of those rights.
(10) A timetable for project completion.
(11) An estimated total cost of the project, showing details of eligible project costs.
(12) The amount of the State loan requested; the sources and amounts of other funds to be applied toward the project; the proposed loan term, not to exceed 20 years; the proposed method of loan repayment; and other information regarding the financial feasibility of the project.
(13) Information regarding the financial status of the applicant, including it's ability to repay a loan.
(14) Citations of the applicant's statutory enabling laws, and authority to contract with the State for a loan of the proposed type and duration, including a brief description of the procedural steps required by the applicant's enabling laws to contract with the State for a loan.
(15) A resolution of the applicant's governing body authorizing a designated representative to submit the application.
(16) All environmental documentation available at the time the application is filed, together with a plan and schedule for completing all other required environmental documentation and a disclosure of any anticipated problems.
(17) A disclosure of all known public support and opposition to the project at the time of application. This includes the comments of all interested individuals in the area impacted by the project and not solely of the beneficiaries of the project.
(18) A statement regarding whether there is a water management program in the area impacted by the project, and if so, how the proposed project fits within it.
(19) A statement listing all relevant local land use or general plans, and describing how the proposed project fits within those plans.
(20) A list of all permits that will be required for the project, together with a plan and schedule for obtaining those permits and a disclosure of any anticipated problems.
(21) Additional Documentation. During the administration of this program and the evaluation of applications, additional engineering, technical, financial, economic, hydrologic, geologic, soil and water quality, environmental, water rights, and legal analyses and justification may be required by the Department.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2, 12879.4, 12879.5, 12879.6, 78680.8, 78680.12 and 78680.14, Water Code, Section 21150, Public Resources Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Amendment of subsection (7) and Note filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
Note • History
The feasibility studies to be funded under this provision are studies conducted and reports prepared to determine the engineering, hydrogeologic, environmental, economic and financial feasibility of a proposed water conservation, ground water recharge, water supply project, dam or reservoir. Feasibility study results will provide the information needed to develop a complete construction loan application. A feasibility study shall include an Environmental Impact Report prepared pursuant to Division 13 of the Public Resources Code, commencing with Section 21000. Applications for feasibility study funding shall be filed as required by the Department and shall contain any of the information listed in section 450.2 that is required by the Department. The Department shall determine which applicants will receive feasibility study funding based upon a preliminary review of the soundness of their proposed project, the financial resources available to the applicant, the potential economic justification and critical need for the proposed project, the likelihood that construction of the project will be funded, and the amount of funds available for feasibility study loans and grants.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.5(h), 12879.6(e), 78680.4, 78680.10, 78680.12 and 78680.14, Water Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Amendment of section and Note filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
§450.4. Application for Land Acquisition Loans for Local Projects.
Note • History
Land Acquisition is a component of an eligible Project pursuant to Water Code Sections 78680.4(b), 78680.12 and 78680.14. The Department may make loans to public agencies for acquisition of interest in lands that are necessary for, and a part of a single local project. Application for such funding shall contain any of the information listed in section 450.2 that is required by the Department.
NOTE
Authority cited: Section 78680.20, Water Code. Reference: Sections 78680.4(b), 78680.12 and 78680.14, Water Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22)
2. Amendment filed 2-21-91; operative 2-21-91 (Register 91, No. 12).
3. Editorial correction deleting former History 2 and renumbering subsequent History Note (Register 95, No. 28).
4. Renumbering of former section 450.4 to section 450.5 and new section 450.4 filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
Note • History
(a) The Department shall establish and maintain separate priority lists of construction projects, for the following: 1) water conservation projects; 2) groundwater recharge projects; 3) water supply projects; and 4) local projects. Construction loans of up to $5,000,000 per project shall be offered to applicants for each project in priority list order, as funds are available. The Department shall prepare new priority lists at least every two years until all available funds are committed, and may do so more frequently. When a new priority list is established, the previous priority list is superceded. Unless funds have been submitted in writing to a project on the superceded priority list, all projects on the superceded list shall be given priority for funding in accordance with the new priority list, and new or updated applications for those projects may be required by the Department.
(b) Priority Criteria for Eligible Groundwater Recharge Construction Projects. Projects will be ranked in priority order for construction loan funding on the basis of the following criteria. The relative weight to be given each criterion is expressed as a percentage:
(1) Economic justification, 25 percent.
(2) Overdraft reduction and alleviation of related problems, such as subsidence, saltwater intrusion or other water quality problems, 20 percent.
(3) Engineering and hydrogeologic feasibility, 35 percent.
(4) Critical need for the project in the community, 15 percent.
(5) Consistency with water management programs, 5 percent. Consideration may also be given to whether the applicable after management program or plans are current, complete, recognize the best water conservation practices, enjoy community support, and are being followed.
(c) Priority Criteria for Water Conservation Construction Projects. Projects will be ranked in priority order for construction loan funding on the basis of the following criteria. The relative weight to be given each criterion is expressed as a percentage:
(1) Cost Effectiveness, 50 percent. In assessing cost effectiveness, consideration will be given to both primary and secondary costs and benefits.
(2) Net water savings, 30 percent. In evaluating net water savings, the Department may consider impacts resulting from possible loss of use of water by any downstream user or for fish, wildlife or recreational purposes.
(3) Engineering and hydrologic feasibility, 20 percent.
(d) Priority Criteria for Water Supply Projects and Local Projects. Projects will be ranked in priority order on the basis of the following criteria. The relative weight to be given each criterion is expressed as a percentage:
(1) Cost effectiveness and economic justification, 50 percent. In assessing cost effectiveness, consideration will be given to both primary and secondary costs and benefits.
(2) Nature and extent of statewide interest in the proposed project, 10 percent.
(3) Engineering, hydrologic and/or hydrogeologic feasibility, 20 percent.
(4) Urgency of the need for the project in the community, 20 percent. In assessing the urgency of the need consideration will be given to the critical need for and financial feasibility of the project.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.2(h), 12879.5(c) and (e), 12879.6(c) and (d), 78680.12 and 78680.14, Water Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. New subsection (a) and (c), amendment of existing provisions as (b)(6)-(10) filed 9-21-90; operative 10-21-90 (Register (90, No. 44).
3. Renumbering of former section 450.5 to section 450.6 and renumbering of former section 450.4 to section 450.5, with amendment of section and Note, filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
§450.6. Contract Requirements.
Note • History
(a) The following requirements apply to funding contracts:
(1) All applicable environmental documentation must be completed prior to entering into a contract.
(2) The Department may enter into a contract before the applicant has obtained all applicable permits, but may not disburse any funds to be used for land acquisition and/or project construction until the applicant has complied with all applicable federal, state and local laws, rules and regulations, and obtained all required permits.
(3) Applicants for all projects impacting a domestic water supply must have the project approved in writing by the State Department of Health Services before a construction contract can be executed.
(4) If a contract is not signed by the applicant within six months after the Department transmits a letter of commitment of funds, the letter of commitment may be withdrawn or revised.
(5) The Department may, at its discretion, require that final plans and specifications, certified by a registered civil engineer, be submitted to it for approval prior to execution of a construction loan contract.
(6) The term of the loan shall be as short as possible considering the ability of the applicant to repay the loan.
(b) In addition to the requirements listed in Water Code section 12879.4(c) and 78680.12, the funding contract shall include all of the following terms and conditions that are applicable:
(1) The estimated cost of the project or feasibility study.
(2) An agreement by the Department to loan or grant the applicant an amount which equals the portion of the costs of the project or feasibility study, found by the Department to be eligible for State funding. The agreement may provide for disbursement of funds during the progress of the project or feasibility study, or following completion of the project or feasibility study, as agreed by the parties. The agreement may allow the Department to withhold up to 10 percent of the loan or grant proceeds until the project or feasibility study is completed.
(3) If the entire project or feasibility study is not being funded under this Bond law, the Department shall include a provision requiring the applicant to share in the cost of the project or feasibility study or obtain funding from other sources. This provision shall provide that no State funds shall be disbursed until the applicant demonstrates acquisition of sufficient funds to complete the project or feasibility study. It may also provide that no State funds shall be disbursed until all amounts of other funds have been exhausted.
(4) An agreement by the applicant to commence operation of the project upon completion thereof, and to properly operate and maintain the project in accordance with the applicable provisions of law.
(5) An agreement by the applicant to repay the state, over a period not to exceed the useful life of the project or 20 years, whichever is shorter, or, in the case of a feasibility study, over a period not to exceed five years, all of the following:
(A) The amount of the loan.
(B) The administrative fee, if applicable, and
(C) Interest on the principal (the amount of the loan funds disbursed plus the applicable administrative fee).
(6) An agreement to provide security for repayment of the loan, as deemed appropriate by the Department.
(7) An agreement to retain a fiscal agent and make deposits with that fiscal agent to assure that sufficient funds will be available for the fiscal agent to transmit semiannual payments of principal and interest to the State when due. The services of the fiscal agent shall continue until the loan has been fully repaid. The applicant may employ the services of its county controller or treasurer as fiscal agent.
(8) Unless otherwise approved by the Department, a reserve of at least two semiannual payments shall be accumulated and deposited with the fiscal agent during the first ten years of the loan repayment period. At least half of the required reserve balance shall be on deposit by the end of the first five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(9) An agreement to use the competitive bidding process for all construction, materials, and equipment contracts exceeding $20,000 unless an exception in writing has been obtained from the Department. An applicant seeking a waiver of the contractual competitive bidding requirement shall make a written request to the Department, in advance of the bidding process, which sets forth the reasons for the request and demonstrates that no statute or ordinance imposing competitive bidding requirements will be violated if the waiver is granted. In addition, applicants shall obtain the written consent of the Department before using the services of their own employees to perform engineering or construction work on the project.
(10) An agreement by the applicant, where the local project has as one of its components land acquisition, to comply with Water Code Section 78680.16.
(11) An agreement that funds retained pending completion of project items and contracts shall not be disbursed until the Department has received written certification by a registered engineer that the specific item or contract has been completed in accordance with the plans and specifications.
(c) The funding contract may include any of the following terms and conditions, as appropriate:
(1) An agreement by the applicant to adopt a fee structure which provides for the proper maintenance and operation of the project and includes a sinking fund for repair and replacement of the facilities.
(2) Any other terms determined to be appropriate by the Department.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4, 12879.5(h), 12879.6(e), 78680.12, 78680.14 and 78680.16, Water Code, Section 21150, Public Resources Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment with repeal of subsection (c) filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Renumbering of former section 450.6 to section 450.7 and renumbering of former section 450.5 to section 450.6, with amendment of section and Note, filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
§450.7. Public Meeting or Election on Project Loan Debt.
Note • History
(a) A public meeting or, if required by the applicants governing law, an election on the proposed project loan debt must be held by the applicant before entering into the funding contract, unless the contract is for a feasibility study loan or grant. A meeting or the required election shall be conducted after the Department has notified the applicant of its ranking within the fundable range of the priority list, but before the loan contract is executed. The purpose of the public meeting shall be to inform the ratepayers of the project and to provide a forum for public comment on the means of financing the project. This public meeting may be combined with another public meeting which the applicant must hold on the project.
(b) Before conducting a public meeting on the project debt, the applicant shall:
(1) Establish a date for the meeting agreeable to the Department.
(2) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated audience.
(3) Notify the Department in writing at least thirty calendar days before the meeting, and provide reasonable notification to the public and the local news media at least fifteen calendar days before the meeting. The notice shall state: the date, time, location and purpose of the meeting and the location where information describing the project may be reviewed.
(4) At least fifteen days before the meeting, make available information describing the project in a form and location that will enable the public to review it and to make comments.
Within thirty days following the meeting or election, the applicant shall submit a written report to the Department describing the meeting including an assessment of support and opposition to the project.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4(c)(5) and 78680.12(c), Water Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Renumbering of former section 450.7 to section 450.8 and renumbering of former section 450.6 to section 450.7, with amendment of subsection (a) and Note, filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
§450.8. Final Plans and Specifications.
Note • History
Each construction project shall be defined by final plans and specifications. Before commencing construction, each agency having executed a contract for a construction loan shall provide to the Department a certification from a civil engineer, registered pursuant to California law, that detailed plans and specifications have been completed in accordance with the executed contract. The agency shall not commence construction before notifying the Department in writing of the date construction is to begin.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4 and 78680.12(b), Water Code.
HISTORY
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Renumbering of former section 450.8 to new section 450.9 and renumbering of former section 450.7 to section 450.8, with amendment of section and Note, filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
§450.9. Certification of Completion.
Note • History
(a) Upon completion of the project, the agency shall provide certification by a civil engineer, registered pursuant to California law, that the project has been completed in accordance with the plans and specifications and any modifications thereto in accordance with the executed contract, as amended.
(b) The agency shall be responsible for maintaining as-built plans and specifications until the loan is repaid to the State.
NOTE
Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference: Sections 12879.4 and 78680.20, Water Code.
HISTORY
1. Renumbering of former section 450.8 to new section 450.9 filed 1-28-98; operative 2-27-98 (Register 98, No. 5).
Chapter 2.4. Grant Program Under the Urban Creeks Restoration and Flood Control Act of 1985
Note • History
The words used in this subchapter have the meanings set forth below:
(a) “Bioengineering” is the use of horticultural and landscape planting techniques with living materials, in conjunction with grading, earth moving and conventional soil stabilization structures, to produce a self-repairing, low-cost composite bank or channel.
(b) “Citizens' Group” is an organization of the public which has no official governmental status, including but not limited to clubs, societies, neighborhood organizations, advisory councils, and non-profit local community conservation corps and other non-profit organizations.
(c) “Co-sponsor” means a local agency involved in planning, flood control or waterway management or an individual or citizens' group interested in floodplain management and stream restoration which, jointly with the sponsor, supports and actively participates in a project. There may be more than one co-sponsor for a single project. If the sponsor is a local agency, at least one co-sponsor must be a citizens' group and vice-versa.
(d) “Department” means the California Department of Water Resources.
(e) “Eligible project costs” means reasonable costs associated with carrying out a project as described in section 451.3, including the reasonable costs of organizing community and/or volunteer groups, engineering, land and easement acquisition, legal fees, preparation of the application for funding, preparation of environmental documentation, environmental mitigation, and construction. Costs incurred prior to applying for or entering into a contract for grant funding may be reimbursed at the Department's discretion. Costs that are not eligible include regular operation and maintenance costs, and costs for the purchase of movable equipment not an integral part of the project.
(f) “Endorse” or “Endorser” means a group or individual who expresses written support for a grant application and may or may not have a commitment to actively participate.
(g) “Enhancement” means the process of improving upon current conditions, and may be used to describe a program that would result in a channel gaining desired features, while considering conditions for fish and wildlife. It is distinguishable from “restoration” in that it does not imply merely a return to natural conditions, but may include the provision of recreation or other features that were not part of the natural channel.
(h) “Flood mitigation measures” refers to selective removal of excess sediment or debris deposited during a flood event which is likely to deflect or restrict flows and increase flooding or erosion in the future, bioengineering projects to restore streambanks damaged during flood events, and revegetation efforts to improve the fluvialgeomorphology of streams.
(i) “Local Agency” means any political subdivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, local community conservation corps agency, or council of governments.
(j) “Local Community Conservation Corps” is a non-profit benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operated by a city, or city and county, which is certified by the California Conservation Corps under Section 14507.5 of the Public Resources Code. These organizations may also be referred to as local urban conservation corps or local conservation corps to avoid confusion with the California Conservation Corps.
(k) “Nonstructural” refers to measures which solve flooding or erosion problems without physically changing the dimensions of a waterway. This may include floodplain zoning, land acquisition, flood insurance, watershed management, debris removal, and floodproofing of existing structures by elevating or building a berm around them, but does not include constructing storage reservoirs or lining channels.
(l) “Restore” means to reproduce and reestablish the physical and biological characteristics of a natural channel which would occur at a given location under the current climatic, geologic and hydrologic conditions. Either a natural channel that has been damaged or a channel that has been modified by human efforts can be restored.
(m) “Sponsor” means a local agency involved in planning, flood control or waterway management or an individual or citizens' group interested in floodplain management and stream restoration. which is acting as the principal party making the grant application and which will have primary responsibility for executing the contract, submitting the invoices and receiving reimbursements.
(n) “Stable” and “stabilize” refer to the state or process of bringing a channel to a condition of equilibrium in which the dimensions and gradient are appropriately matched to the watershed and the runoff of water and sediment, with the objective to have a self-maintaining system.
(o) “Stream clearance” refers to removal of garbage, junk and excessive vegetation to allow for more effective geomorphic functioning of the stream, so that there is neither excessive deposition or excessive erosion, while maintaining suitable vegetation and woody debris to provide aquatic and riparian habitat.
NOTE
Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.
HISTORY
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of section and Note filed 5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
3. Amendment filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52).
Note • History
(a) The Urban Creek Restoration Program is intended to protect, restore, and enhance urban creek channels by combining effective, low-cost flood control with preservation and enhancement of the natural environment. Its purpose is to reduce flooding and erosion in ways which restore the ecological viability of creek environments located in predominantly urban areas, thereby enhancing aesthetic, recreational, and fish and wildlife values.
(b) Urban creek protection, restoration and enhancement are best undertaken at the local level by a combination of local agencies and citizens' groups. Local agencies and citizens' groups have the greatest incentive to make the projects successful. Community participation reduces the cost of the projects and fosters long-term community commitment to maintenance of the projects and affected streams. The Urban Creek Restoration Program is designed to provide assistance from the State to the local effort.
(c) The Urban Creek Restoration Program is designed to contribute to the long-term enhancement and restoration of natural stream corridors in the State of California by encouraging projects which contribute to the education of the public in methods of stream restoration or stream corridor management and develop new techniques and innovative technologies in the field of stream restoration.
NOTE
Authority cited: Section 7048, Water Code. Reference: Section 7048, Water Code, Sections 5907(e)(3) and 5919, Public Resources Code.
HISTORY
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
§451.3. Types of Projects for Which Assistance Is Available.
Note • History
Planning and financial assistance will be available for projects designed to accomplish one or more of the objectives listed below:
(a) Projects designed to organize and/or supervise volunteer labor to clear debris from stream channels and perform erosion control and bank stabilization work.
(b) Projects designed to develop and implement stream restoration plans.
(c) Projects designed to use bioengineering techniques to install plant materials, rock, netting, mulch, wood fencing, irrigation or drainage systems necessary to control erosion or stabilize banks.
(d) Projects designed to remove culverts or storm drains as needed to stabilize and restore channels or accomplish flood control objectives.
(e) Projects designed to carry out nonstructural flood control actions that contribute to the goal to protect, restore and enhance natural stream environments, including the acquisition of land, and the elevation, relocation and/or floodproofing of structures.
(f) Projects that utilize local community conservation corps and other nonprofit corporations for local stream clearance, flood mitigation and cleanup activities.
NOTE
Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.
HISTORY
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. New subsection (f) and amendment of Note filed 5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
§451.4. Applications for Financial Assistance.
Note • History
(a) Grant funding in an amount not to exceed $1 million per project shall be available for eligible project costs associated with projects described in section 451.3 above. Assistance may be given under the Urban Creek Restoration Program to projects which involve the assistance or participation of Federal or State agencies, so long as those projects are sponsored by at least one local agency and at least one citizens' group.
(b) The Department shall conduct periodic grant application cycles based upon availability of funding and the existing pool of projects approved for funding. For each grant application cycle, the Department shall notify the public that financial assistance is available. Applications for funding shall be due 75 days after mailing of the notice. When funding constraints require a streamlined application cycle, the notice shall so state and applications for funding shall be due 30 days after mailing of the notice. Applications may be made for projects to be implemented in phases. The Department may require a new application for funding for each phase of a project, and may re-evaluate the project during each successive application cycle. Unfunded applications from a previous cycle may, at the discretion of the Department, be carried over for consideration in the next application cycle.
(c) Applicants for financial assistance shall file a written application. A complete application shall include, but not be limited to, the following information:
(1) A cover sheet identifying all sponsors, co-sponsors, the program manager and any endorsers of the project, and providing information regarding the sponsor's legal authority to submit the application. Attached to the cover sheet shall be a map showing the location of and access to the proposed project site.
(2) A summary statement describing the purpose of the project proposal. The summary statement shall address how the project or plan proposes to meet the program objectives set forth in sections 451.2 and 451.3 above and fits within the goals of California Water Code section 7048, and whether the grant will assist in planning or implementation of a creek restoration project, or both.
(3) A description of the stream restoration or watershed management techniques the applicant proposes to use.
(4) A description of the project's relationship to other flood control projects, which states whether the proposed project and/or plan supplements or would be in lieu of a local or cooperative local-federal flood control project, and whether it is consistent with applicable local land use, water management and/or general plans. If there is any relationship between the proposed project and other flood control projects, the description shall identify the agencies and organizations involved and summarize the plans and features of the other projects.
(5) A description of the proposed project's use of public participation in planning, design or implementation of the project.
(6) A description of the educational benefits to be derived by the public and any technical advances or demonstrations of new methods of stream restoration or stream corridor management the project may provide. This should include a description of the photographs, charts, videotapes, reports, or other material the applicant plans to develop to illustrate the methods used and the results obtained by the project. At the completion of the project, copies of these materials are to be submitted to the Department of Water Resources, which shall make them available to the public upon request and payment of its reasonable reproduction costs.
(7) A description of plans for long-term management or maintenance of the stream which the project will affect.
(8) A disclosure of other options available to the applicant to carry out the proposed project if the Urban Creek Restoration Program is unable to provide full funding, including other potential funding sources. The applicant shall identify the priority set by the applicant on various project components, to be used in the event partial funding is provided.
(9) A description of all anticipated local contributions to defray the cost of the project, which may include financing, materials, paid or volunteer labor, administrative services, rights-of-way, easements, equipment or landfill fees.
(10) A project budget reflecting all costs associated with the project, and designating specifically costs to be covered by the grant request, costs to be covered by local contributions and costs to be covered by any other source. The budget should quantify costs for planning and design, ground area of restoration work, labor, material and equipment requirements, and display the total project budget in relation to the total amount of the grant request.
(11) A project schedule designating anticipated start and finish dates, and highlighting any times or components which are contingent upon the actions of other entities.
(12) During the administration of this program and the evaluation of applications, additional technical, financial, hydrologic, bioengineering, soil and water quality, environmental, water rights, legal analyses and justifications, and other relevant information may be required by the Department.
NOTE
Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.
HISTORY
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of subsections (a) and (c) and amendment of Note filed 5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
3. Amendment of subsection (b) filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52).
§451.5. Priority for Financial Assistance.
Note • History
(a) For each application cycle, the Department shall establish a priority list pursuant to the requirements of Water Code section 7048(c), after considering the recommendations of an interdisciplinary team comprised of technical experts from the Department of Water Resources and a representative of the Department of Fish and Game, and based upon the following criteria.
(1) Is the project designed to relieve the magnitude or severity of flooding and/or to protect property and resources from bank failure?
(2) Is the project planned in conjunction with or in lieu of local flood control projects, and would it result in implementation of more environmentally sensitive flood management approaches than would otherwise be implemented? (Note: Any project that directly conflicts with federally authorized and funded flood control projects shall not be funded under this program without the consent of the Director.)
(3) Does the project use cost effective, low maintenance bioengineering techniques for flood damage reduction while protecting, restoring and enhancing natural environmental values?
(4) Does the project restore culverted or channelized segments to a condition which optimizes fish passage conditions in fish bearing streams and the natural, recreational, and aesthetic values of the stream consistent with flood control objectives?
(5) Does the project incorporate non-structural methods to reduce urban flooding and erosion and maintain or improve environmental and social benefits.
(6) Does the project incorporate riparian restoration techniques that improve habitat for fish and wildlife?
(7) Does the project enhance aesthetic, recreational and economic values?
(8) Does the project enjoy broad based public and institutional support?
(9) Does the project incorporate significant participation of local agencies and citizens' groups in project planning, design or implementation? Do the sponsors share in the project costs by providing funds or in kind contributions (i.e. administrative/technical services, labor, materials, equipment)?
(10) Does the project provide for collection and distribution of information of value to the public regarding either the community involvement or technical aspects of natural stream restoration?
(11) Is the project consistent with all relevant local land use, water management or general plans?
(12) Is the project important as an innovation or unprecedented departure in the field of stream restoration?
(13) Is the project of value to the general public?
(14) Is there a particular need for timely action on this project?
(15) Are other funding sources available to the applicant? Is the Department the only likely funding source for this project? Will providing this grant allow implementation of a larger, collaborative, multiobjective project?
(16) Is there a need for continuity and final implementation of plans previously funded by the Program?
(b) Applications reviewed shall be considered for partial funding to increase the number of projects that may be funded. The Department may allocate funds for a project in an amount less than the amount requested in the application. The Department shall also consider the location and size of proposed projects to provide for a reasonable geographic distribution of projects and a balance between small and large projects. The Department will coordinate with CALFED to ensure projects funded are not in conflict the CALFED goals and objectives.
(c) The priority list shall consist of all projects for which funds are allocated in a given application cycle. The Department may establish a reserve list of projects to which funds may be allocated if applicants on the priority list decline grants, abandon their projects, or otherwise fail to use the entire amount of funds allocated to them. The Department may establish an additional priority list from the remaining pool of qualified applicants if additional funds become available.
NOTE
Authority cited: Section 7048, Water Code. Reference: Sections 7048 and 79062, Water Code.
HISTORY
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of section and Note filed 5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
3. Amendment of subsection (a)(7) filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52).
§451.6. Contract Requirements.
Note • History
(a) Prior to entering into a contract, representatives of the Department may visit the project site to assess its conditions and needs, and then meet with all the project sponsors, co-sponsors, endorsers, and any other local officials, agencies and/or organizations with an interest in the project to develop a work plan. The work plan shall reflect the specific schedule and components of the project, and incorporate recommendations made by the Department. The work plan shall be attached to and become a part of the contract between the Department and the applicant. The Department may require all individuals or organizations it believes to be integral to the effective completion and long-term maintenance of the project to endorse the work plan.
(b) The project sponsors must provide an opportunity for public comment, unless the Department waives this requirement for good cause. A public meeting held to adopt a resolution to support the project or accept a grant will satisfy this requirement. Grants that involve trash and debris clean up only may be exempted from the public comment requirement. A contract will be signed by the Department only after the sponsor provides copies of resolutions from the sponsor and all co-sponsors accepting the grant and authorizing specific individuals to sign the contract on the behalf of each.
(c) The Department may enter into a contract before the sponsors and/or co-sponsors have obtained all applicable permits, but may not disburse any funds to be used for project construction until the sponsors and/or co-sponsors have complied with all applicable federal, State and local laws, rules and regulations, and obtained all required permits.
(d) All applicable requirements of the California Environmental Quality Act (California Public Resources Code sections 21000-21177) and applicable regulations shall be compiled with prior to entering into a contract.
(e) If a contract is not signed within six months of the date the priority list is approved, the grant may be withdrawn or revised.
(f) All contracts shall be signed by all the sponsors and co-sponsors. If the sponsor is a citizens' group that is not a non-profit corporation, it must designate a fiscal agent to act on it's behalf, and provide evidence that the fiscal agent agrees to so act.
(g) The contract shall require the sponsors and/or co-sponsors to submit a written report of the project to the Department upon completion. The report must include photographs of planning and restoration activities and techniques.
(h) The contract shall include, as part of the work .plan, a plan for the long-term management or maintenance of the stream which the project will affect.
(i) The Department may withhold up to 10 percent of the grant amount until the project and final report are complete to the Department's satisfaction.
(j) During planning and construction the Department may inspect the project at any reasonable time to ensure it is being carried out in accordance with the work plan, and after completion to ensure that it is being properly maintained.
NOTE
Authority cited: Section 7048, Water Code. Reference: Section 7048, Water Code, Sections 5907(e)(3), 5917, 5918 and 5919, Public Resources Code.
HISTORY
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
Chapter 2.5. California Safe Drinking Water Bond Law of 1976 and California Safe Drinking Water Grant Program
Note • History
The words used in this subchapter have the meanings provided in Water Code Sections 13857 and 13881 and set forth below:
(a) “Act” means the California Safe Drinking Water Bond Law of 1976 as set forth in Chapter 10.5, of Division 7 of the Water Code (commencing at Section 13850), and the California Safe Drinking Water Grant Program as set forth in Chapter 10.6 of Division 7 of the Water Code (commencing at Section 13880) and any amendments thereto.
(b) “Department of Health” means the State Department of Health Services.
(c) “Regularly supplies water to at least 25 individuals” as used in Section 13857(c) and13881(b) of the Act, means, when applied to a school, that a school must have an attendance of at least 25 students during a minimum school year of at least 175 days.
(d) “Community Water System” means a water system which serves at least 15 year-round residential service connections or regularly serves at least 25 year-round residents.
(e) “Applicant” means any person or entity applying for financial assistance under the Act.
(f) “Eligible Supplier” means a supplier eligible to apply for assistance under the Act and this subchapter.
(g) “Eligible Project” means a project for the construction, improvement, or rehabilitation of a domestic water system determined to be eligible under the Act and meeting the requirements of this subchapter.
(h) “Eligible Project Costs” means costs associated with (g) above, including the engineering, legal and administrative fees associated with the construction, and also including those reasonable costs incurred by the applicant to prepare the application and establish eligibility. Eligible Project Costs do not include:
(1) Operation and maintenance costs;
(2) Costs of providing water for industrial use;
(3) Purchase of equipment or payment of rentals. However, reasonable maintenance and depreciation allowances for equipment or machinery currently owned or acquired for project purposes by a supplier shall be allowed.
(4) Purchase of existing systems.
(5) Payment of principal or interest of existing indebtedness or any interest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of funds by the Department; and
(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and
(C) The costs for which the debt is incurred are otherwise eligible project costs.
(6) Establishment of a reserve fund.
(i) “Environmental Documentation” means written documentation prepared in accordance with the California Environmental Quality Act (Division 13, Public Resources Code commencing with Section 21000) and the State EIR Guidelines (Title 14, Division 6, Chapter 3, Register 78, No. 5). “Environmental Documentation” includes, but is not limited to Notices of Exemption, draft and final EIRs, Initial Studies, Negative Declarations, Notices of Completion and Notices of Determination (Title 14, Section 15026.5, Register No. 78, No. 5).
(j) “Eligible Domestic Water System” or “Eligible Community Water System” means the total water system for which an independent water permit has been issued by the Department of Health Services.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13857, 13861, 13868, 13881 and 13882, Water Code.
HISTORY
1. New Subchapter 2.5 (Sections 455-473) filed 10-7-76; effective thirtieth day thereafter (Register 76, No. 41).
2. Amendment of subsection (d) filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
3. Amendment of subsection (o) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. New subsections (q) and (r) filed 2-14-80; effective thirtieth day thereafter (Register 80, No. 7).
5. Amendment of subsection (e) filed 2-29-80 as an emergency; effective upon filing (Register 80, No. 9). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 6-29-80.
6. Certificate of Compliance including amendment filed 6-17-80 (Register 80, No. 25).
7. Amendment filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
No application fee is required to accompany any request for financial assistance.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868, 13883 and 13892, Water Code.
HISTORY
1. Repealer of former Section 456, renumbering of former Section 457 to Section 456 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
Payment of an administrative fee for approved loans shall be required as authorized by Section 13862 of the Water Code. The administrative fee shall be paid by the supplier in the amount of 3 percent of the approved loan. The fee may be paid on the same terms and conditions to be used for repaying the amount of the loan.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Section 13862, Water Code.
HISTORY
1. Sections 458-473 designated as Article 2 filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
2. Repealer of Article 2 heading, renumbering of former Section 457 to Section 456 and renumbering and amendment of former Section 458 to Section 457 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
(a) In addition to any administrative fee, the Department may charge a reasonable fee where it prepares environmental documentation in accordance with the State EIR Guidelines (Title 14, Section 15053).
(b) The environmental fee shall be calculated and collected as set forth in the Department's Regulations for Implementation of the California Environmental Quality Act of 1970 (Title 23, Section 503).
NOTE
Authority cited: Section 21082, Public Resources Code; and Section 13868, Water Code. Reference: Section 21089, Public Resources Code.
HISTORY
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering and amendment of former Section 458 to Section 457 and renumbering and amendment of former Section 459 to Section 458 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§459. Ability to Finance Determination.
Note • History
The inability to reasonably finance project construction costs from other sources will be determined by the Department to have been established when the Department finds that all of the following conditions exist:
(a) Financial assistance from the Federal Government is not available on a timely basis commensurate with the need for the project.
(b) The applicant cannot market bonds or obtain loans at an interest rate which will not impose an unreasonable burden on the supplier or water consumer. Voter denial of a bond issue where voter approval is required to issue bonds does not in itself demonstrate inability to reasonably finance from other sources.
(c) The supplier has no other funds, or sources of funds available on reasonable terms, to finance the proposed project. The supplier shall finance that portion of the proposed project for which it is able to obtain funds on reasonable terms.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868, 13886 and 13889, Water Code.
HISTORY
1. Amendment of first paragraph preceding subsection (a) filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
2. Renumbering and amendment of former Section 459 to Section 458 and renumbering and amendment of former Section 460 to Section 459 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§460. Eligible Project Determination.
Note • History
An eligible project must meet the following criteria:
(a) The project is needed in order for the system to meet water quality standards specified in Title 17, California Administrative Code, Part 1, Chapter 5, Subchapter 1; or, the project is needed in order for the system to meet water quantity and pressure requirements of the Waterworks Standards, Title 17, California Administrative Code, Chapter 5, Group 1.1.
(b) The scope of the project is commensurate with the need of the existing community served. Reasonable allowance may be made for future water supply needs and additional capacity when excessive cost would be incurred by later enlargement.
(c) The project meets the needs of the community effectively and economically, and other means to meet the needs such as consolidation with adjacent water systems or development of alternative sources, are not reasonably available or economical.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13855, 13861, 13864, 13868, 13880, 13885 and 13886, Water Code.
HISTORY
1. Renumbering and amendment of former Section 460 to Section 459, renumbering of former Section 461 to Section 460 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
Applicants for a loan or grant under the Act shall file duplicate applications simultaneously with the Department of Water Resources and the Department of Health on a form provided by the Department of Water Resources. A complete application consists of the form provided by the Department and the supporting information required in Section 462. The specified supporting information must be attached to, or bound with, the application form.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868.5 and 13883, Water Code.
HISTORY
1. Amendment filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
2. Renumbering of former Section 461 to Section 460 and renumbering and amendment of former Section 462 to Section 461 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
Each application form filed shall be accompanied by the following supporting information. The purpose of the supporting information is to provide a basis for the Department of Health to place the applicant on the priority list and for the Department to determine the applicant's financial eligibility. The supporting information should be based on facts readily and reasonably available to the applicant.
(a) Description of the need for the project including information concerning system deficiencies.
(b) Description of proposed project and a sketch map showing project features and service areas. (Detailed plans need not be submitted with the application, but shall be required after the applicant becomes reachable on the priority list.)
(c) Estimated cost of the project and proposed timetable for project completion.
(d) The amount of financial assistance requested and amount of other financing available, such as from local, state or federal sources, internally generated funds, and the issue of bonds.
(e) Information demonstrating inability to reasonably finance the project or some portion of the project from other sources of funding.
(f) Provide such financial documents as needed to determine the ability to repay loan, including tax revenue, and a schedule for repayment.
(g) Description of measures undertaken, or that will be undertaken as part of proposed project, to reduce water consumption, such as use of water-saving devices, meters, etc.
(h) The basis for applicant's belief that an adequate supply of water is available. (Evidence that the applicant has a right to use the water required for the project must be submitted before any funds are disbursed.)
(i) (1) If the applicant is a public agency, state the form of the documentation that the applicant will use to satisfy the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 and following) and the State EIR Guidelines (Title 14, Division 6, Chapter 3, Register 78, No. 5). Appropriate documentation may consist of any of the following: a Notice of Exemption, a Negative Declaration supported by an Initial Study, or a final Environmental Impact Report. The applicant must provide the appropriate documentation before the Department will approve a loan or grant and execute a contract.
(2) If the applicant is not a public agency, state whether any public agency, other than the Department of Health Services has prepared, or will prepare the Environmental Documentation for the project. Environmental documentation must be prepared by the Department of Health Services as the Lead Agency, or another public agency, having authority over the project and acting as the Lead Agency, before the Department may approve the loan and execute a contract.
(j) Adopt a resolution by the governing body authorizing the supplier of water to enter into an agreement with the State and appointing representatives who can sign such agreement.
(k) Legal opinion as to the applicant's ability to contract with the State for a loan shall be supplied to the Department.
(l) A statement from applicant's Bond Counsel on salability of bonds, including interest rates, discounts, terms and associated costs.
(m) Provide your water rates and those for surrounding communities for the past three years.
(n) Indicate how the water users will be: (1) fully apprised of the project; (2) offered an opportunity to comment on the desirability of the project; and (3) able to indicate their willingness to pay for the loan for the proposed project. (See Section 472.)
(o) Include other available information to aid in establishing priority of the project. (See Section 467.)
(p) Provide such other information as the Department or the Department of Health Services may require.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861, 13864, 13865, 13868, 13868.7, 13880, 13882, 13883, 13885 and 13886, Water Code; and Sections 21002(d), 21080.1-21080.4, 21081 and 21165-21166, Public Resources Code.
HISTORY
1. Amendment of subsection (j) filed 11-24-78; effective thirtieth day thereafter (Register 78, No. 47).
2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Amendment of subsections (d)-(g), (j), (k) and new subsections (l)-(p) filed 2-14-80; effective thirtieth day thereafter (Register 80, No. 7).
4. Renumbering and amendment of former Section 462 to Section 461 and renumbering and amendment of former Section 463 to Section 462 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
An applicant must demonstrate that it is using or will agree to undertake all reasonable water conservation measures. Water conservation means the prudent and careful distribution and use of water to prevent waste, unreasonable use, or unreasonable method of use of water. It shall be the responsibility of the supplier to implement measures to accomplish such conservation so that the most beneficial use of water can be assured.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868 and 13892, Water Code.
HISTORY
1. Renumbering and amendment of former Section 463 to Section 462, renumbering of former Section 464 to Section 463 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
The Department shall notify the applicant, in writing, within 90 days of receipt of the completed application, of a determination of financial eligibility.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861, 13864, 13865, 13866, 13868, 13880, 13882, 13886 and 13889, Water Code.
HISTORY
1. Renumbering of former Section 464 to Section 463, renumbering of former Section 465 to Section 464 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
The Department of Health shall establish a priority list of eligible applicants that have met Department of Health eligibility criteria and shall determine the order of projects that have been found to be eligible for assistance based upon the information provided in the application and any other relevant supporting documents, information, or materials. This list shall be transmitted from time to time to the Department of Water Resources for an ability to finance determination.
NOTE
Authority cited: Section 13868 and 13892, Water Code. Reference: Sections 13865, 13868.3 and 13887, Water Code.
HISTORY
1. Renumbering of former Section 465 to Section 464, renumbering of former Section 466 to Section 465 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§466. Priority List Procedures.
Note • History
(a) The Department of Health, with the advice of the Department, may at any time assign a project to a higher priority in case of an emergency when improvements are needed to enable a system to produce a safe water. All agencies affected by the change in priorities will be notified of the change by the Department of Health.
(b) The Department of Health shall revise the priority listing of suppliers at least annually after public notice and hearing and with the advice of the Department.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13865, 13868.3 and 13887, Water Code.
HISTORY
1. Renumbering of former Section 466 to Section 465 and renumbering and amendment of former Section 467 to Section 466 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
The Department of Health shall use as a guide the following criteria in determining the priority of eligible projects (listed in decreasing priority):
(a) Health Considerations (listed in decreasing importance):
(1) Facilities necessary to comply with primary drinking water standards.
(2) Facilities necessary to comply with secondary drinking water standards.
(3) Facilities necessary to comply with other standards or regulations which have only a minimal relationship to the health of water users.
(b) Financial Considerations. Applications having a lesser capability to reasonably finance the proposed project through other means will receive a higher priority than competing projects.
(c) Special Considerations. In addition to the above criteria, the Department of Health may consider for priority list purposes, consolidation with adjacent water systems and the number of persons served by a system. Community water systems shall receive a higher priority than other competing applicants.
(d) Department considerations. For all other projects, the Department shall use the following priorities:
(1) First priority to projects which will serve existing urban and suburban areas and rural towns;
(2) Second priority to projects which will serve vacant and underutilized lands within existing developed areas;
(3) Third priority to projects which will serve contiguous new development.
(e) When public health hazards or immediate health problems justify the use of bond funds for projects not consistent with these priorities, the funds shall not be used to pay for additional capacity in excess of that needed to serve the existing population and the population that may reasonably be expected to occupy within ten years those lots that are presently subdivided but unimproved.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13865 and 13868.3, Water Code.
HISTORY
1. New subsections (d) and (e) filed 2-14-80; effective thirtieth day thereafter (Register 80, No. 7).
2. Renumbering and amendment of former Section 467 to Section 466, renumbering of former Section 468 to Section 467 and amendment of NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§468. Department of Health Notice to Applicants.
Note • History
The Department of Health shall notify each applicant on the priority list, in writing, of its position on the priority list and shall inform the applicant when project plans shall be submitted for approval.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13865, 13868.3, 13868.5, 13886 and 13887, Water Code.
HISTORY
1. Renumbering of former Section 468 to Section 467, renumbering of former Section 469 to Section 468 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§469. Department of Health Approval.
Note • History
The Department of Health approval of project plans required by Water Code Sections 13868.5 and 13886 shall be in writing.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868.5 and 13886, Water Code.
HISTORY
1. Renumbering of former Section 469 to Section 468 and renumbering and amendment of former Section 470 to Section 469 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Note • History
(a) The following provisions apply to loan contracts and loan-grant contracts:
(1) Entities other than public agencies shall agree to provide security for repayment of the loan. This may include a provision for a lien on the domestic water system and associated facilities and improvements.
(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect principal and interest payments from the supplier and transmit them to the State when due. The services of the Fiscal Agent shall be continued until the loan has been fully repaid.
(3) The term of the loan shall be as short as possible considering the ability of the supplier and its customers to repay the loan. If the supplier is a regulated public utility and the impact of the loan on water rates would be significant, consideration may be given in setting the term of the loan to the estimated useful life of the plant to be financed with the loan proceeds.
(4) The contract shall provide for accumulation of necessary reserves to assure that funds will be available to make the semi-annual payments when due. A reserve of two semi-annual payments shall be accumulated during the first ten-year period for all repayment methods except those based on the quantity of water used, for which a reserve of four semi-annual payments shall be accumulated during the first ten years. Half of the required reserve balance shall be on deposit by the end of the first five years of the repayment period, and the full required reserve balance shall be on deposit by the end of the second five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(b) The following provisions shall apply to loan contracts, grant contracts, and loan and grant contracts:
(1) When the project costs exceed the loan, grant or loan-grant commitment, funds will not be disbursed until supplier demonstrates acquisition of sufficient funds to complete the project. Safe Drinking Water funds will not be disbursed until all other sources of funding are exhausted. If a supplier has received both a loan and a grant, loan funds shall be disbursed before grant funds.
(2) If a contract is not fully executed within one year after the Department transmits a letter of commitment of funds, the letter of commitment and associated contract may be withdrawn and the letter of commitment and contract renegotiated.
(3) The supplier shall use the competitive bidding process for all contracts exceeding $10,000 unless an exception in writing has been obtained from the Department.
(4) No funds will be disbursed pursuant to the contract until all conditions in the Department's letter of commitment and in the water permit issued by the Department of Health have been met.
(5) Funds withheld pending completion of project items and contracts will not be disbursed until the Department has received a certification that the specific item or contract has been completed in accordance with the plans and specifications approved by the Department of Health.
(6) The Department of Health will certify that the project has been completed in accordance with approved plans and specifications.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13861 and 13882, Water Code.
HISTORY
1. Renumbering and amendment of former Section 470 to Section 469 and renumbering and amendment of former Section 472 to Section 470 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history, see Register 80, No. 7.
Note • History
An unsuccessful applicant may petition the Department or the Department of Health for a review of an application that has been denied. The petition shall be filed within 30 days after the date of notification that the application has been denied and may include any information not previously submitted that would justify a reconsideration of the application.
NOTE
Authority cited: Sections 13868 and 13892, Water Code. Reference: Sections 13868, 13883 and 13892, Water Code.
HISTORY
1. Repealer of former Section 471, renumbering of former Section 473 to Section 471 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history, see Register 78, No. 47.
§472. Project Feasibility Meeting.
Note • History
(a) To be eligible for disbursement of loan funds, the supplier must conduct a Project Feasibility Meeting to inform the public of the purposes of the proposed project and to provide a forum for public comment on the need for the project and means of financing the project. A Project Feasibility Meeting is not required if the water supplier is required by law to hold an election before entering into the loan contract. For investor-owned water companies, the meeting or hearing held by the Public Utilities Commission may serve as the Project Feasibility Meeting.
(b) Before a Project Feasibility Meeting, the water supplier shall
(1) Assemble information describing the project in a form and location that will enable the water users to review it and to make appropriate comments.
(2) Establish a date for the meeting agreeable to the Department and Department of Health.
(3) Notify the Department, the Department of Health, and appropriate county health agencies in writing at least 20 calendar days before the meeting and notify all water users and the local news media in writing at least 15 calendar days before the meeting. The notice shall state: the date, time, location, and purpose of the meeting and the location of information describing the project for review by the water users. Sample notice forms may be obtained from the Department.
(4) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated participants.
(c) The agenda of the meeting shall include the following matters:
(1) A discussion of applicable health and water works standards, existing and potential health hazards associated with the water system, how the proposed project will bring the system to minimum health standards, and alternative solutions to the problem.
(2) The supplier shall describe the proposed project in detail, using map, charts, etc. The discussion shall include the costs, sources of funds, how much the loan/grant will be, and increased water costs resulting from the loan.
(3) A representative of the Department may describe the Act, the Department's role in its administration and the Department's recommendation regarding the supplier's loan application. Persons present at the meeting shall be permitted to ask questions regarding all subjects discussed at the meeting.
(d) If no representative of the Department is present at the meeting, the supplier shall submit a written report to the Department describing the meeting and its outcome including the results of any vote taken.
NOTE
Authority cited: Section 13868, Water Code. Reference: Section 13868, Water Code.
HISTORY
1. Renumbering and amendment of former Section 472 to Section 470 and renumbering and amendment of former Section 474 to Section 472 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history, see Register 80, No. 7.
Note • History
The supplier must be listed on the Department of Health Services Safe Drinking Water Bond Law Loan Priority List before an application will be processed. In addition to the criteria set forth in Water Code Section 13887, the criteria listed in Section 467 governing priorities for loans shall govern priority for grants.
NOTE
Authority cited: Section 13892, Water Code. Reference: Sections 13868.3 and 13887, Water Code.
HISTORY
1. Renumbering of former Section 473 to Section 471 and renumbering and amendment of former Section 477 to Section 473 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§474. Grant Applications and Legislative Report.
Note • History
Applications shall be made as follows:
(a) An applicant shall apply on a form entitled “APPLICATION FOR A LOAN UNDER THE CALIFORNIA SAFE DRINKING WATER BONDS LAW OF 1976,” and supply supporting information as requested. As part of the supporting information, the applicant shall submit preliminary design work including a cost estimate for the proposed project. The Department shall evaluate the application and supporting information. Upon the determination that the supplier is unable to repay the full cost of the needed improvements, the Department will transmit to the Legislature a report containing the following:
(1) Current ranking on the Department of Health Services Loan Priority List.
(2) Health problems indicated.
(3) Discussion of proposed project and alternatives, including a water conservation plan.
(4) Discussion of system adequacy and compliance with health standards after improvements are constructed.
(5) Cost of proposed project.
(6) Amount of financing available, source and terms.
(7) Amount of grant required.
(8) Demographic data.
(9) Existing water charges.
(10) Data on water charges in surrounding areas.
NOTE
Authority cited: Section 13868, Water Code. Reference: Sections 13883, 13884, 13886 and 13889, Water Code.
HISTORY
1. Renumbering and amendment of former Section 474 to Section 472 and renumbering and amendment of former Section 480 to Section 474 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
§475. Grant Eligibility Level.
Note • History
Within 90 days of the receipt of a completed application, the Department shall decide the applicant's financial eligibility for a grant. The Department shall submit a report to the legislature within 60 days of a finding by the Department that an applicant is unable to fund the entire project without a grant.
NOTE
Authority cited: Section 13868, Water Code. Reference: Section 13884, Water Code.
HISTORY
1. Repealer of former Section 475 and renumbering and amendment of former Section 483 to Section 475 filed 8-11-83; effective thirtieth day thereafter (Register 83, No. 37).
Chapter 2.5.1. California Safe Drinking Water Bond Law of 1984
Note • History
The words used in this subchapter have the meanings provided in Water Code Section 13815 and set forth below:
(a) “Act” means the California Safe Drinking Water Bond Law of 1984 as set forth in Chapter 10.2 of Division 7 of the Water Code (commencing at Section 13810) and any amendments thereto.
(b) “Department of Health Services” means the State Department of Health Services.
(c) “Regularly supplies water to at least 25 individuals” as used in Section 13815(c) of the Act, means, when applied to a school, that a school must have an average attendance of at least 25 students per day during a minimum school year of at least 175 days.
(d) “Applicant” means any person or entity applying for financial assistance under the Act.
(e) “Eligible Project Costs” means costs associated with an eligible project, including the engineering, legal and administrative fees associated with the project, and also including those reasonable costs incurred by the applicant to prepare the application and establish eligibility.
Eligible project costs do not include:
(1) Operation and maintenance costs.
(2) Costs of providing water for industrial use.
(3) Costs for purchase of equipment.
(4) Payment of principal or interest of existing indebtedness or any interest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of funds by the Department; and
(B) The Department agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred; and
(C) The purposes for which the debt is incurred are otherwise eligible project costs.
(5) Establishment of a reserve fund.
(f) “Environmental documentation” means written documentation prepared and filed in accordance with the California Environmental Quality Act (Division 13, Public Resources Code commencing with Section 21000) and the State EIR Guidelines (Title 14, Section 15000 et seq.). Environmental documentation includes, but is not limited to Notices of Exemption, draft and final Environmental Impact Reports, Initial Studies, Negative Declarations, Notices of Completion, and Notices of Determination (Title 14, Section 15022).
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13815, 13819, 13820 and 13834, Water Code.
HISTORY
1. New Subchapter 2.5.1 (Sections 476-489, 489.1 and 489.2) filed 12-14-84 as an emergency; effective upon filing (Register 84, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed 4-15-85. For history of former Sections 476-487, see Registers 84, No. 36 and 83, No. 37.
2. New Subchapter 2.5.1 (Sections 476-489, 489.1 and 489.2) refiled 4-10-85 as an emergency; effective upon filing (Register 85, No. 15). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-8-85.
3. Certificate of Compliance as to 12-14-84 and 4-10-85 orders transmitted to OAL 7-26-85 and filed 9-11-85 (Register 85, No. 37).
Note
No applicant shall be required to pay an application fee.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13821 and 13834, Water Code.
Note
Each supplier which enters into a contract for a loan will be charged an administrative fee in the amount of four percent of the loan. Administrative fees for loans shall be paid to the Department under the terms and conditions for repayment of loan principal.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13830, Water Code.
§479. Supplier's Share of the Cost.
Note
The applicant shall share the cost of the project if the Department finds the applicant has the financial resources to provide a share of the cost without borrowing from outside sources.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13820(b)(3)(E), 13824, 13828 and 13834, Water Code.
Note
(a) The priority list to be established by the Department of Health Services shall list suppliers in descending order of the severity of the deficiencies in their domestic water systems. The Department of Health Services may place a supplier on the priority list on the basis of such deficiencies whether or not the supplier has requested such placement.
(b) Suppliers interested in placement on the priority list shall file a priority list application with the Department of Health Services. Priority list application forms may be obtained from the Department of Health Services.
(c) After the priority list is established, the Department of Health Services shall notify each supplier of its position on the list.
(d) The Department of Health Services may solicit applications for funding under the Act from suppliers on the priority list.
(e) Placement of a supplier on the priority list does not constitute a commitment to fund a project, reserve funds for a particular project, or require projects to be funded in a particular order.
(f) A supplier must be placed on the priority list before applying for funding under Section 483.
(g) After the priority list is established, the Department and the Department of Health Services shall make a preliminary determination as to the probable number of suppliers on the list which could be given financial assistance within the funding limits of the Act. The determination shall be revised from time to time as additional information regarding project costs and actual number of applications becomes available. The determination of which suppliers are most likely to fall within funding limits shall be used to advise suppliers regarding whether or not it would be advisable to file an application for funding.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13825, 13826 and 13836, Water Code.
Note
Each Supplier on the priority list shall be assigned to one of the following priority classes:
Class A: Action is necessary to alleviate significant and documented public health hazards involving illness or to respond to a court-ordered compliance schedule.
Class B: Action is necessary to correct documented violations of primary drinking water standards established by the Department of Health Services.
Class C: Action is necessary to correct significant physical defects that affect a system's ability to meet primary standards.
Class D: Action is necessary to correct secondary drinking water standards violations.
Class E: Action is necessary to correct physical defects or waterworks deficiencies that do not result in violations of primary or secondary standards.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13825, 13826 and 13836, Water Code.
§482. Ranking Within Priority Class.
Note
The Department of Health Services shall rank suppliers within a priority class according to the relative severity of the water quality problem involved. Consideration will be given to the following factors when ranking projects:
(a) Length of time violation has existed: Suppliers with chronic violations will be ranked above suppliers with recent violations.
(b) Compliance enforcement actions: Suppliers required to correct deficiencies identified in compliance enforcement actions will be ranked above suppliers not under compliance enforcement action.
(c) Population: Suppliers that serve larger populations will be ranked above suppliers serving smaller populations when other factors are equal.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13825, 13826 and 13836, Water Code.
§483. Application for Funding.
Note
Applicants for a loan or grant under the Act shall file a complete application in triplicate with the Department and the Department of Health Services on a form entitled “APPLICATION FOR A LOAN UNDER THE CALIFORNIA SAFE DRINKING WATER BOND LAW.” A complete application consists of the above form supported by the following information:
(a) Project Eligibility:
(1) A description of the need for the project including information concerning system deficiencies shall be provided by the applicant.
(2) A description of the proposed project and a sketch map showing project features and service areas.
(b) Financial, Legal, and Contractual Eligibility:
(1) An estimated cost of the project and proposed timetable for project completion.
(2) The amount of financial assistance requested and the amount of the financing available, such as from local, state or federal sources, internally generated funds, and the issuance of bonds.
(3) A list of cash reserves and any planned uses of those reserves.
(4) All financial documents as needed to determine the ability to repay a loan, including tax revenue, a schedule for repayment, and plans for dividing costs among system users.
(5) Proof that an adequate supply of water is available to meet the needs of the project. Evidence that the applicant has a right to use the water required for the project must be submitted before an application may be approved for funding.
(6) If the applicant is a public agency, for every action which is a project within the meaning of Public Resources Code Section 21065, state which form of documentation will be used to satisfy the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State EIR Guidelines (Title 14, Section 15000 et seq.). Appropriate documentation may consist of any of the following: a Notice of Exemption, a Negative Declaration supported by an Initial Study, or a final Environmental Impact Report. The applicant must provide the appropriate filed documentation including a Notice of Determination, before the Department will approve funding and execute a contract.
(7) If the applicant is not a public agency, state whether any public agency other than the Department of Health Services has prepared, or will prepare the environmental documentation for the project. Environmental documentation must be prepared by the Department of Health Services as the Lead Agency, or another public agency having approval authority over the project and acting as the Lead Agency, before the Department may approve the loan and execute a contract.
(8) A description of the applicant's water rates and those for surrounding communities for the past three years.
(9) A Legal opinion as to the applicant's authority to contract with the State for a loan and to repay the loan.
(10) A resolution by the applicant's governing body authorizing an officer to apply for a Safe Drinking Water loan.
(11) A summary of the competitive bidding requirements imposed on the applicant by statute or ordinance.
(12) Such other supporting information as the Department or the Department of Health Services may require.
(13) With the advice of the Department a description of possible capital improvements which will conserve water in a cost effective manner.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13819, 13820, 13821, 13823, 13824, 13826, 13834 and 13838, Water Code; and Sections 21002(d), 21080.1-21080.4, 21081 and 21165-21166, Public Resources Code.
§484. Loan Application Requirement for Grant.
Note
A public agency is not eligible for a grant unless it has applied for a loan and has been found by the Department to be unable to repay the full amount of the loan.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13828, Water Code.
§485. Preliminary Approval of Project.
Note
(a) Within 90 days after receipt of a completed application, the Department of Health Services shall determine whether the project as proposed is “necessary” pursuant to Water Code Section 13823 and determine whether to approve or disapprove project plans, and notify the applicant of its decision.
(b) In determining whether the project is necessary, the Department of Health Services shall consider the availability and cost of alternatives to the project such as consolidation with adjacent water systems or development of alternative sources.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13823, Water Code.
§486. Eligibility for Funding.
Note
(a) The Department shall notify an applicant regarding eligibility for funding by loan or grant within 90 days of the Department of Health Services' approval of project plans, provided the applicant has furnished all documentation required by the Department to render a decision.
(b) Funding will not be provided to pay for additional capacity in excess of that needed to accommodate the needs of existing populations and population growth that may reasonably be expected within ten years.
(c) All other factors being equal (including degree of financial need, submission of completed applications and approval of project plans by the Department of Health Services), applicants with lower numbers (higher priority) on the priority list shall receive preference in funding over applicants with higher numbers (lower priority).
(d) Within 60 days of notifying an applicant of eligibility for a grant, the Department shall submit its report to the Legislature.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13819(b), 13820(a), 13821 and 13823-13826, Water Code.
§487. Appeal of Denied Application.
Note
An unsuccessful applicant may appeal for a review of an application that has been denied. The petition shall be filed within thirty days after the date of written notification that the application has been denied and may include any information not previously submitted that would justify a reconsideration of the application.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13821, Water Code.
Note
(a) The following provisions apply to loan contracts and loan-grant contracts:
(1) Suppliers other than public agencies shall provide security for repayment of the loan. This may include a provision for a lien on the domestic water system and associated facilities and improvements, and liens on other real and personal property belonging to the supplier.
(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect principal and interest payments from the supplier and transmit them to the State when due. The services of the Fiscal Agent shall be continued until the loan has been fully repaid. A public agency may employ the services of its county controller or treasurer as Fiscal Agent.
(3) The term of the loan shall be as short as possible considering the ability of the supplier and its customers to repay the loan. If the impact of the loan on water rates would be significant, consideration may be given, in setting the term of the loan, to the estimated useful life of the project to be financed with the loan proceeds.
(4) The contract shall require the supplier to deposit with its Fiscal Agent sufficient reserves to assure that funds will be available to make the semiannual payments when due. A reserve of two semiannual payments shall be accumulated during the first ten-year period for all repayment methods except those based on the quantity of water used, for which a reserve of four semiannual payments shall be accumulated during the first ten years. Half of the required reserve balance shall be on deposit by the end of the second five years. Reserves shall be maintained at these levels thereafter until the loan is repaid in full.
(b) The following provisions shall apply to loan contracts, grant contracts, and loan-grant contracts:
(1) Except as otherwise authorized by the Department, when the project costs exceed the loan, grant, or loan-grant commitment, no State funds shall be disbursed until the supplier demonstrates acquisition of sufficient funds to complete the project. No State funds shall be disbursed until all other sources of funds have been exhausted. If a supplier has received both a loan and a grant, all loan funds shall be disbursed before grant funds.
(2) If a contract is not fully executed within one year after the Department transmits a letter of commitment of funds, the letter of commitment and associated contract may be withdrawn and the letter of commitment and contract renegotiated.
(3) The supplier shall use the competitive bidding process for all contracts exceeding $10,000 unless an exception in writing has been obtained from the Department. A supplier seeking a waiver of the contractual competitive bidding requirement shall make a written request to the Department which sets forth the reasons for the request and demonstrates that no statute or ordinance imposing competitive bidding requirements on the supplier will be violated if the waiver is granted. In addition, applicants shall obtain the written consent of the Department of Health Services before using the services of their own employees to perform engineering or construction work on the project.
(4) No funds will be disbursed pursuant to the contract until all conditions in the Department's commitment and in the water permit issued by the Department of Health Services have been met.
(5) Funds withheld pending completion of project items and contracts will not be disbursed until the Department has received written certification that the specific item or contract has been completed in accordance with the plans and specifications approved by the Department of Health Services.
NOTE
Authority cited: Section 13834, Water Code. Reference: Sections 13819 and 13820, Water Code.
§489. Project Feasibility Meeting.
Note
(a) Before the contract is executed the supplier must conduct a Project Feasibility Meeting to inform the public of the purpose of the proposed project and to provide a forum for public comment on the need for the project and means of financing the project. A Project Feasibility Meeting is not required if the supplier is required by law to hold an election before entering into the loan contract. For investor-owned utilities, meetings or hearings held by the Public Utilities Commission may serve as Project Feasibility Meetings.
(b) Before a Project Feasibility Meeting, the supplier shall:
(1) Make available information describing the project in a form and location that will enable the water users to review it and to make appropriate comments. The information must be made available for a period of at least fifteen days before the Project Feasibility Meeting.
(2) Establish a date for the meeting agreeable to the Department and Department of Health Services.
(3) Notify the Department, the Department of Health Services and appropriate county health agencies in writing at least twenty calendar days before the meeting, and notify all water users and the local news media in writing at least fifteen calendar days before the meeting. The notice shall state: the date, time, location, and purpose of the meeting and the location of information describing the project for review by the water users. Sample notice forms will be provided by the Department.
(4) Obtain a meeting place of sufficient size and at a convenient location to accommodate the anticipated attendance.
(c) The agenda of the meeting shall include the following matters: (1) A discussion of applicable public health and water works standards, existing and potential health hazards associated with the water system, how the proposed project will bring the system to minimum health standards, and alternative solutions to the problem. (2) The supplier shall describe the proposed project in detail, using maps, charts, and other illustrative devices, if appropriate. The discussion shall include the costs, sources of funds, the amount of the loan-grant commitment, and changes in water costs resulting from the project.
(3) A representative of the State may describe the Act, the State's role in its administration and the Department's recommendation regarding the supplier's loan application. Persons present at the meeting shall be permitted to ask questions regarding all subjects discussed at the meeting.
(d) If no representative of the Department is present at the meeting, the supplier shall submit an official written report to the Department describing the meeting and its outcome including the results of any vote taken.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13834, Water Code.
§489.1. Plans and Specifications.
Note
Before commencing construction, each Supplier shall provide detailed plans and specifications to the Department of Health Services for review and approval by a registered Civil Engineer employed by the Department of Health Services. Unless otherwise authorized in writing by the Department of Health Services, the supplier shall not commence construction without written notification from the Department of Health Services that the plans and specifications have been approved.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13837, Water Code.
§489.2. Certification of Completion.
Note
Department of Health Services shall inspect the completed project and if satisfied that the project has been completed in accordance with approved plans and specifications, shall provide the supplier and the Department with written certification to that effect.
NOTE
Authority cited: Section 13834, Water Code. Reference: Section 13834, Water Code.
Chapter 2.6. Weather Resources Management [Repealed]
NOTE
Authority cited: Sections 161, 401, 403 and 6078, Water Code. Reference: Sections 401, 402 and 403, Water Code and Sections 21000 et seq., Public Resources Code.
HISTORY
1. New Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive) filed 9-28-79; effective thirtieth day thereafter (Register 79, No. 39).
2. Repealer of Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive, not previously repealed by OAL Order of Repeal) filed 6-5-86; effective thirtieth day thereafter (Register 86, No. 23). For prior history, see Register 85, No. 26; 81, Nos. 40 and 38; and 80, No. 7.
Chapter 2.7. Model Water Efficient Landscape Ordinance
Note • History
(a) The State Legislature has found:
(1) that the waters of the state are of limited supply and are subject to ever increasing demands;
(2) that the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) that it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4) that landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and
(5) that landscape design, installation, maintenance and management can and should be water efficient; and
(6) that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.
(b) Consistent with the legislative findings, the purpose of this model ordinance is to:
(1) promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
(2) establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
(3) establish provisions for water management practices and water waste prevention for existing landscapes;
(4) use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;
(5) promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;
(6) encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and
(7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance.
NOTE
Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593 and 65596, Government Code.
HISTORY
1. New chapter 2.7 (sections 490-495) filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment of section and Note filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Note • History
(a) After January 1, 2010, this ordinance shall apply to all of the following landscape projects:
(1) new construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review;
(2) new construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
(3) new construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review;
(4) existing landscapes limited to Sections 493, 493.1 and 493.2; and
(5) cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11, and 492. 12; and existing cemeteries are limited to Sections 493, 493.1, and 493.2.
(b) This ordinance does not apply to:
(1) registered local, state or federal historical sites;
(2) ecological restoration projects that do not require a permanent irrigation system;
(3) mined-land reclamation projects that do not require a permanent irrigation system; or
(4) plant collections, as part of botanical gardens and arboretums open to the public.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Note • History
The terms used in this ordinance have the meaning set forth below:
(a) “applied water” means the portion of water supplied by the irrigation system to the landscape.
(b) “automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.
(c) “backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
(d) “Certificate of Completion” means the document required under Section 492.9.
(e) “certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.
(f) “certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.
(g) “check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
(h) “common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.
(i) “conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.
(j) “drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(k) “ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
(l) “effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.
(m) “emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.
(n) “established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
(o) “establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth.
(p) “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in Section 492.4.
(q) “ET adjustment factor” (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.
A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0. 7)= (0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.
(r) “evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
(s) “flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
(t) “hardscapes” means any durable material (pervious and non-pervious).
(u) “homeowner-provided landscaping” means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner-occupied dwellings.
(v) “hydrozone” means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.
(w) “infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
(x) “invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. “Noxious weeds” means any weed as described in the Food and Agricultural Code, Section 5004.
(y) “irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.
(z) “irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.
(aa) “irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
(bb) “irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
(cc) “landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.
(dd) “landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
(ee) “landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
(ff) “Landscape Documentation Package” means the documents required under Section 492.3.
(gg) “landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under Section 490.1.
(hh) “lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
(ii) “local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project.
(jj) “local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.
(kk) “low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(ll) “main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.
(mm) “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.
(nn) “microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
(oo) “mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
(pp) “mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
(qq) “new construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
(rr) “operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
(ss) “overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
(tt) “overspray” means the water which is delivered beyond the target area.
(uu) “permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
(vv) “pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
(ww) “plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species”.
(xx) “precipitation rate” means the rate of application of water measured in inches per hour.
(yy) “project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.
(zz) “rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
(aaa) “record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
(bbb) “recreational area” means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.
(ccc) “recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.
(ddd) “reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 495.1, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated.
(eee) “rehabilitated landscape” means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year.
(fff) “run off” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
(ggg) “soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
(hhh) “soil texture” means the classification of soil based on its percentage of sand, silt, and clay.
(iii) “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
(jjj) “sprinkler head” means a device which delivers water through a nozzle.
(kkk) “static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
(lll) “station” means an area served by one valve or by a set of valves that operate simultaneously.
(mmm) “swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
(nnn) “turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
(ooo) “valve” means a device used to control the flow of water in the irrigation system.
(ss) “water conservation concept statement” means a one page checklist and a narrative summary of the project as shown in Section 492(c)(1).
(ppp) “water conserving plant species” means a plant species identified as having a low plant factor.
(qqq) “water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
(rrr) “watering window” means the time of day irrigation is allowed.
(sss) “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000.
NOTE
Authority cited: Section 65595, Government Code. Reference: Sections 65592 and 65596, Government Code.
HISTORY
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment of section and Note filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492. Provisions for New Construction or Rehabilitated Landscapes.
Note • History
(a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment of section heading, repealer and new section and amendment of Note filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.1. Compliance with Landscape Documentation Package.
Note • History
(a) Prior to construction, the local agency shall:
(1) provide the project applicant with the ordinance and procedures for permits, plan checks or design reviews;
(2) review the Landscape Documentation Package submitted by the project applicant;
(3) approve or deny the Landscape Documentation Package;
(4) issue a permit or approve the plan check or design review for the project applicant; and
(5) upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
(b) Prior to construction, the project applicant shall:
(1) submit a Landscape Documentation Package to the local agency.
(c) Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall:
(1) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;
(2) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and
(3) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Note • History
(a) A local agency may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.3. Elements of the Landscape Documentation Package.
Note • History
(a) The Landscape Documentation Package shall include the following six (6) elements:
(1) project information;
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s))
(D) total landscape area (square feet)
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)
(F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well
(G) checklist of all documents in Landscape Documentation Package
(H) project contacts to include contact information for the project applicant and property owner
(I) applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package”.
(2) Water Efficient Landscape Worksheet;
(A) hydrozone information table
(B) water budget calculations
1. Maximum Applied Water Allowance (MAWA)
2. Estimated Total Water Use (ETWU)
(3) soil management report;
(4) landscape design plan;
(5) irrigation design plan; and
(6) grading design plan.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.4. Water Efficient Landscape Worksheet.
Note • History
(a) A project applicant shall complete the Water Efficient Landscape Worksheet which contains two sections (see sample worksheet in Appendix B):
(1) a hydrozone information table (see Appendix B, Section A) for the landscape project; and
(2) a water budget calculation (see Appendix B, Section B) for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.
(b) Water budget calculations shall adhere to the following requirements:
(1) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
(2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
(3) All Special Landscape Areas shall be identified and their water use calculated as described below.
(4) ETAF for Special Landscape Areas shall not exceed 1.0.
(c) Maximum Applied Water Allowance
The Maximum Applied Water Allowance shall be calculated using the equation;
MAWA = (ETo) (0.62) [(0. 7 x LA) + (0.3 x SLA)]
The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing and/or planned landscape project. The ETo values used in these calculations are from the Reference Evapotranspiration Table in Appendix A, for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data.
(1) Example MAWA calculation: a hypothetical landscape project in Fresno, CA with an irrigated landscape area of 50,000 square feet without any Special Landscape Area (SLA= 0, no edible plants or recreational areas or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Fresno is 51.1 inches as listed in the Reference Evapotranspiration Table in Appendix A.
MAWA = (ETo) (0.62) [(0. 7 x LA) + (0.3 x SLA)]
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (to gallons)
0.7 = ET Adjustment Factor (ETAF)
LA = Landscape Area including SLA (square feet)
0.3 = Additional Water Allowance for SLA
SLA = Special Landscape Area (square feet)
MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 1,108,870 gallons per year
To convert from gallons per year to hundred-cubic-feet per year:
= 1,108,870/748 = 1,482 hundred-cubic-feet per year
(100 cubic feet = 748 gallons)
(2) In this next hypothetical example, the landscape project in Fresno, CA has the same ETo value of 51.1 inches and a total landscape area of 50,000 square feet. Within the 50,000 square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000 square foot area is considered to be a Special Landscape Area.
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)]
= 31.68 x [35,000 + 600] gallons per year
= 31.68 x 35,600 gallons per year
=1,127,808 gallons per year or 1,508 hundred-cubic-feet per year
(d) Estimated Total Water Use.
The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA.
Embedded Graphic 23.0031
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS (see Section 491)
HA = Hydrozone Area [high, medium, and low water use areas]
(square feet)
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
IE = Irrigation Efficiency (minimum 0.71)
(1) Example ETWU calculation: landscape area is 50,000 square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is 51.1 inches per year. There are no Special Landscape Areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example.
Embedded Graphic 23.0032
Embedded Graphic 23.0033
= 1.102,116 gallons per year
Compare ETWU with MAWA: For this example MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] = 1,108,870 gallons per year. The ETWU (1,102,116 gallons per year) is less than MAWA (1,108,870 gallons per year). In this example, the water budget complies with the MAWA.
(2) Example ETWU calculation: total landscape area is 50,000 square feet, 2,000 square feet of which is planted with edible plants. The edible plant area is considered a Special Landscape Area (SLA). The reference evapotranspiration value is 51.1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below.
Embedded Graphic 23.0034
Embedded Graphic 23.0035
= (31.68) (33,099 + 2,000)
= 1,111,936 gallons per year
Compare ETWU with MAWA. For this example:
MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)] = 31.68 x [35,000 + 600]
= 31.68 x 35,600
= 1,127,808 gallons per year
The ETWU (1,111,936 gallons per year) is less than MAWA (1,127,808 gallons per year). For this example, the water budget complies with the MAWA.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.5. Soil Management Report.
Note • History
(a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:
(1) Submit soil samples to a laboratory for analysis and recommendations.
(A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
(B) The soil analysis may include:
1. soil texture;
2. infiltration rate determined by laboratory test or soil texture infiltration rate table;
3. pH;
4. total soluble salts;
5. sodium;
6. percent organic matter; and
7. recommendations.
(2) The project applicant, or his/her designee, shall comply with one of the following:
(A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or
(B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion.
(3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
(4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.6. Landscape Design Plan.
Note • History
(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(1) Plant Material
(A) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. To encourage the efficient use of water, the following is highly recommended:
1. protection and preservation of native species and natural vegetation;
2. selection of water-conserving plant and turf species;
3. selection of plants based on disease and pest resistance;
4. selection of trees based on applicable local tree ordinances or tree shading guidelines; and
5. selection of plants from local and regional landscape program plant lists.
(B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 492.7(a)(2)(D).
(C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended:
1. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
2. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and
3. consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(D) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent).
(E) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.
(F) The use of invasive and/or noxious plant species is strongly discouraged.
(G) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(2) Water Features
(A) Recirculating water systems shall be used for water features.
(B) Where available, recycled water shall be used as a source for decorative water features.
(C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
(D) Pool and spa covers are highly recommended.
(3) Mulch and Amendments
(A) A minimum two inch (2”) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
(B) Stabilizing mulching products shall be used on slopes.
(C) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
(D) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5).
(b) The landscape design plan, at a minimum, shall:
(1) delineate and label each hydrozone by number, letter, or other method;
(2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
(3) identify recreational areas;
(4) identify areas permanently and solely dedicated to edible plants;
(5) identify areas irrigated with recycled water;
(6) identify type of mulch and application depth;
(7) identify soil amendments, type, and quantity;
(8) identify type and surface area of water features;
(9) identify hardscapes (pervious and non-pervious);
(10) identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to:
(A) infiltration beds, swales, and basins that allow water to collect and soak into the ground;
(B) constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and
(C) pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.
(11) identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);
(12) contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and
(13) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code; and Section 1351, Civil Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.7. Irrigation Design Plan.
Note • History
(a) For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(1) System
(A) Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management.
(B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.
(C) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
2. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.
(D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
(E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
(F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
(G) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended.
(H) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
(I) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
(J) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
(K) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 492.4 regarding the Maximum Applied Water Allowance.
(L) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
(M) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
(N) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
(O) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.
(P) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas.
(Q) Check valves or anti-drain valves are required for all irrigation systems.
(R) Narrow or irregularly shaped areas, including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.
(S) Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or
2. the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
3. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 492.7 (a)(1)(H). Prevention of overspray and runoff must be confirmed during the irrigation audit.
(T) Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
(2) Hydrozone
(A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.
(B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
(C) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.
(D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
1. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
2. the plant factor of the higher water using plant is used for calculations.
(E) Individual hydrozones that mix high and low water use plants shall not be permitted.
(F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller.
(b) The irrigation design plan, at a minimum, shall contain:
(1) location and size of separate water meters for landscape;
(2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
(3) static water pressure at the point of connection to the public water supply;
(4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
(5) recycled water irrigation systems as specified in Section 492.14;
(6) the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and
(7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Note • History
(a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
(1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(A) height of graded slopes;
(B) drainage patterns;
(C) pad elevations;
(D) finish grade; and
(E) stormwater retention improvements, if applicable.
(2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
(B) avoid disruption of natural drainage patterns and undisturbed soil; and
(C) avoid soil compaction in landscape areas.
(3) The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.9. Certificate of Completion.
Note • History
(a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements:
(1) project information sheet that contains:
(A) date;
(B) project name;
(C) project applicant name, telephone, and mailing address;
(D) project address and location; and
(E) property owner name, telephone, and mailing address;
(2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;
(A) where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;
(3) irrigation scheduling parameters used to set the controller (see Section 492.10);
(4) landscape and irrigation maintenance schedule (see Section 492.1 1);
(5) irrigation audit report (see Section 492. 12); and
(6) soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 492.5).
(b) The project applicant shall:
(1) submit the signed Certificate of Completion to the local agency for review;
(2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.
(c) The local agency shall:
(1) receive the signed Certificate of Completion from the project applicant;
(2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.10. Irrigation Scheduling.
Note • History
(a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers.
(2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
(4) Parameters used to set the automatic controller shall be developed and submitted for each of the following:
(A) the plant establishment period;
(B) the established landscape; and
(C) temporarily irrigated areas.
(5) Each irrigation schedule shall consider for each station all of the following that apply:
(A) irrigation interval (days between irrigation);
(B) irrigation run times (hours or minutes per irrigation event to avoid runoff);
(C) number of cycle starts required for each irrigation event to avoid runoff;
(D) amount of applied water scheduled to be applied on a monthly basis;
(E) application rate setting;
(F) root depth setting;
(G) plant type setting;
(H) soil type;
(I) slope factor setting;
(J) shade factor setting; and
(K) irrigation uniformity or efficiency setting.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.11. Landscape and Irrigation Maintenance Schedule.
Note • History
(a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.
(b) A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.
(d) A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.12. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
Note • History
(a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
(b) For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 490.1:
(1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule;
(2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.13. Irrigation Efficiency.
Note • History
(a) For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Note • History
(a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in Section 492.14(b).
(b) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.
(c) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
(d) Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.15. Stormwater Management.
Note • History
(a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged.
(b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans.
(c) Rain gardens, cisterns, and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Note • History
(a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.
(1) A local agency shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes.
(b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance.
(1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.
(2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§492.17. Environmental Review.
Note • History
(a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080 and 21082, Public Resources Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§493. Provisions for Existing Landscapes.
Note • History
(a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance.
NOTE
Authority cited: Section 65595, Government Code; Reference: Section 65596, Government Code.
HISTORY
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Repealer and new section and amendment of Note filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§493.1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
Note • History
(a) This section, 493.1, shall apply to all existing landscapes that were installed before January 1, 2010 and are over one acre in size.
(1) For all landscapes in 493.1 (a) that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).
(2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
(b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§493.2. Water Waste Prevention.
Note • History
(a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally.
(b) Restrictions regarding overspray and runoff may be modified if:
(1) the landscape area is adjacent to permeable surfacing and no runoff occurs; or
(2) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
NOTE
Authority cited: Section 65594, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
§494. Effective Precipitation.
Note • History
(a) A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo - Eppt) (0.62) [(0. 7 x LA) + (0.3 x SLA)].
NOTE
Authority cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
HISTORY
1. Repealer and new section; new Note and new Appendices A-C filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Appendix A. Reference Evapotranspiration (ETo) Table
Embedded Graphic 23.0036
Embedded Graphic 23.0037
Embedded Graphic 23.0038
Embedded Graphic 23.0039
Embedded Graphic 23.0040
Embedded Graphic 23.0041
Embedded Graphic 23.0042
Embedded Graphic 23.0043
Appendix B -- Sample Water Efficient Landscape Worksheet.
Embedded Graphic 23.0044
Embedded Graphic 23.0045
Embedded Graphic 23.0046
Appendix C -- Sample Certificate of Completion.
Embedded Graphic 23.0047
Embedded Graphic 23.0048
§495. Reference Evapotranspiration. [Repealed]
History
HISTORY
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Repealer of section filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 37).
Chapter 2.7.1. Flood Protection Corridor Program of the Costa-Machado Water Act of 2000
Note • History
(a) These regulations implement Sections 79035 through 79044, and 79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code, which Division is the Costa-Machado Water Act of 2000. They establish a process for funding acquisition of property rights and related activities for flood protection corridor projects undertaken by the Department of Water Resources directly or through grants to local public agencies or nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope. Within the geographic scope of the CALFED Bay-Delta Program, funds in the subaccount for this program shall be used for projects that, to the greatest extent possible, are consistent with the CALFED long-term plan identified in the Programmatic Record of Decision of August 28, 2000.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106, Item No. 3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No. 3860-101-6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water Code
HISTORY
1. New chapter 2.7.1 (sections 497.1-497.12) and section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
Note • History
The words used in this chapter have meanings set forth as follows:
(a) “A List” means the preferred priority list of projects described in Section 497.6.
(b) “Applicant” means an entity that is acting as the principal party making an application for funding under the provisions of the Costa-Machado Water Act of 2000.
(c) “B List” means the reserve priority list of projects described in Section 497.6.
(d) “CEQA” means the California Environmental Quality Act, Public Resources Code Sections 21000 et seq.
(e) “Department” means the California Department of Water Resources.
(f) “Director” means the Director of the Department of Water Resources.
(g) “FEMA” means the Federal Emergency Management Agency.
(h) “Fully funded” with respect to a grant project means funded to the full amount of the requested funds or to the funding limit, whichever is less.
(i) “Grant application form” means the Department's form entitled “Flood Protection Corridor Program Project Evaluation Criteria and Competitive Grant Application Form” dated April 9, 2003 and incorporated herein by this reference.
(j) “Local public agency” means any political subdivision of the State of California, including but not limited to any county, city, city and county, district, joint powers agency, or council of governments.
(k) “Milestone” means a time when a significant portion of a project is completed, as defined in the contract as a time for disbursement of grant funds.
(l) “Nonprofit organization” means an organization that does not operate for profit and has no official governmental status, including but not limited to clubs, societies, neighborhood organizations, advisory councils, conservation organizations and privately run local community conservation corps.
(m) “Program” means the Flood Protection Corridor Program established by Water Code Division 26, Chapter 5, Article 2.5.
(n) “Property interest” means any right in real property, including easement, fee title, and any other kind of right acquired by legally binding means.
(o) “Project” means all planning, engineering, acquisition of real property interests, construction and related activities undertaken to implement a discrete action undertaken under the program pursuant to Water Code Section 79037.
(p) “Sponsor” means an applicant who has received grant funding through the application process described in these regulations.
(q) “Subaccount” means the Flood Protection Corridor Subaccount created by Water Code Section 79035(a).
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79035, 70937, 79038(a) and 79043, Water Code; and Sections 21000 et seq., Public Resources Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.3. Program Management Process.
Note • History
The Department selects, approves, funds, and monitors projects funded by grants under the program. The process of managing the program includes these steps:
(a) The Department shall appoint and maintain a Project Evaluation Team composed of Department staff and other consulting governmental agencies. The Department may request consultation with any appropriate government agency, including but not limited to the Department of Conservation, the Department of Fish and Game, the Department of Food and Agriculture, the Office of Emergency Services, and the CALFED Bay-Delta Program.
(b) Local public agencies or nonprofit organizations qualified under Section 497.4 may apply for program grants for projects at such times as the Department may designate. Applications for proposed projects shall be submitted in response to a solicitation issued by the Department. As long as uncommitted funds remain available to fund new projects, the Department shall solicit proposals at least once per calendar year. The time period for submitting applications shall be 90 days from the date notice is given by the Department that project proposals are being solicited. Notices shall be provided to cities, counties, flood control districts, reclamation districts, and other local government entities that manage flood plains and flood control projects. The Department will also provide notice to nonprofit organizations with interest in flood management issues, and shall send notice to all individuals and organizations that have requested notice of the opportunity to submit applications. Notices may be given by mail, electronic mail, website posting, or any other method that provides easy access and prompt availability. Projects shall meet the requirements of Section 497.5. Applications shall meet the requirements of Section 497.7.
(c) The Project Evaluation Team shall review each application and evaluate the subject project within 60 days of the close of the specified submittal period, or within 60 days of receipt of requested additional information, whichever is later.
(d) The Project Evaluation Team shall notify the Department to request the applicant to provide additional information within 30 days of the Department's request if:
(1) The project appears potentially eligible but is missing information needed to evaluate the merits of the project, or
(2) Additional information is needed to evaluate the merits of the project in comparison to others received.
(e) If the requested additional information cannot be provided in 30 days, the applicant may refile its application with the additional information at the Department's next solicitation of proposals.
(f) When a proposal that meets minimum qualifications is complete and all requested additional information has been supplied, the Project Evaluation Team shall complete the evaluation of the project including recommending its place on a priority list as described in Section 497.6.
(g) After each solicitation of proposals, Department staff, using the evaluations and recommended priorities of the Project Evaluation Team, shall recommend projects, priority, and amounts per project to be funded and submit the recommendations to the Director for approval of the priority lists. Department staff may recommend:
(1) Allocating any portion of the available funds to projects managed and funded directly by the Department.
(2) Allocating any or all of the remaining available funds to grants for projects on the A List, until all A List projects are fully funded.
(3) Allocating the remaining available funds to grants for projects on the B List, provided all A List projects are fully funded.
(4) Allocating partial funding to one or more of the projects on the priority list currently being funded.
(h) Department staff will apply a maximum funding guideline of $5,000,000 per project in its recommendations to the Director, although the staff may recommend funding above the guideline and the Director may increase the amounts for individual projects if necessary to achieve the goals of the program.
(i) The Director will determine the final content and priority order of the lists and the amount of funding for each project. The total funding of all projects on the Director-approved priority lists may be less than or more than the funding available.
(j) If the total funding for all projects on the Director-approved priority lists is less than available funds, staff will wait until the next solicitation of proposals to resubmit unfunded projects or submit new projects to the Director for listing.
(k) After the establishment of satisfactory Director-approved priority lists, the Department shall hold public hearings, if required by Section 497.8 or the Department deems advisable, on the projects to be funded. After consideration of the results of the public hearing, if the unfunded project first in priority order still meets the requirements of Section 497.5, if program funds remain, and if the applicant desires to pursue the project, Department staff will recommend the Director award a grant to the applicant. When the Director approves grant funding for the project, the applicant becomes the project sponsor.
(l) Prior to expending any funds, the Department and the sponsor shall enter into a grant contract as specified in Section 497.9.
(m) Grant funds will be disbursed as provided in the contract to reimburse costs incurred by the sponsor, but not for the following:
(1) Project activities that could affect the environment, until the sponsor complies with all applicable requirements of CEQA and other environmental laws, and
(2) Project activities requiring permits, until the permits are obtained.
(3) Property rights for which the public hearing required in Section 497.8 has not been held.
(n) The Department may withhold up to 10 percent of each disbursement, as specified in the contract, to ensure completion of the project.
(o) When the project is completed to the satisfaction of the Department and the sponsor has provided a completion report as described in Section 497.10 and a maintenance plan as described in Section 497.11, the Department will notify the sponsor that the project is accepted and will pay any withheld funds.
(p) The sponsor shall provide for permanent maintenance of the project until the Department determines that maintenance is no longer necessary. The Department will monitor and enforce project maintenance as described in Section 497.11.
(q) In rare cases, the need for project maintenance may end. The sponsor may present evidence in writing that maintenance will no longer be necessary after a certain date or after certain conditions occur. The Department, at its sole discretion, may determine in advance that maintenance will no longer be necessary after the specified date or after the occurrence of the specified conditions.
(r) If the Department determines that maintenance is now no longer necessary or will no longer be necessary after a certain future date, the sponsor after such determination or such future date, whichever is applicable, shall return to the State the principal and unused proceeds of any maintenance trust funds originating from a grant under this program.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79038(a), 79042, 79044(a) and 79044(b), Water Code; and California Code of Regulations, Title 1, Section 15004(b).
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.4. Qualifications of Applicants; Disbursement of Program Funds.
Note • History
(a) An applicant for grant funds for a project may be a local public agency, a nonprofit organization, or an organization representing more than one local public agency or nonprofit organization. On approval of the application and granting of funds, such organization may remain a sponsor, or may transfer such approval to another eligible organization to sponsor the project, subject to concurrence from the Department.
(b) The Department may perform projects using program funds, or may transfer program funds to other State agencies to perform projects pursuant to an interagency agreement.
(c) The Department may participate with local agencies, nonprofit organizations, other State agencies, and federal agencies in performing projects. The Department shall not award grants to participants in such projects, but shall contribute program funds directly for payment of its share of the costs.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79037(a), Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.5. Eligible Projects and Priorities for Grant Funding.
Note • History
(a) Grant funding will be available for projects that:
(1) Meet or will meet statutory requirements, as follows:
(A) The California Conservation Corps or community conservation corps is used when feasible (Water Code Section 79038(b)).
(B) No proposed acquisitions of property interests for the purpose of protecting or enhancing flood protection corridors while preserving or enhancing agricultural use are fee interests unless the Department has considered all practical alternatives (Water Code Section 79039(a)).
(C) All proposed acquisitions of property interests are from willing sellers (Water Code Section 79040).
(D) If the project includes acquisitions of property interests, it also includes a plan to minimize the impact on adjacent landowners (Water Code Section 79041).
(E) If the project includes acquisitions of property interests, a public hearing has been held or will be held before acquiring the property interest (Water Code Section 79042).
(F) The applicant certifies that it can maintain the project, using a trust fund established with grant funds if necessary (Water Code Section 79044).
(2) Are designed to do one or more of the following (Water Code Section 79037(b)):
(A) Acquire property interests to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use.
(B) Set back existing levees and strengthen or modify related levees.
(C) Acquire property interests in a floodplain that cannot reasonably be protected from floods.
(D) Acquire property interests to protect or enhance a flood protection corridor while preserving or enhancing wildlife value.
(3) Are located at least partially in one or more of the following:
(A) A FEMA Special Flood Hazard Area.
(B) An area that would be inundated if the project were completed and an adjacent FEMA Special Flood Hazard Area were inundated.
(C) A floodway designated by The Reclamation Board under Water Code Section 8402(f).
(D) An area below the elevation of the 100-year recurring flood, shown on a locally adopted base flood elevation map based on a hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.
(E) An area demonstrated to the satisfaction of the Department of Water Resources to be hydrologically equivalent to one of those described in Subparagraphs (A), (B), or (D).
(b) Highest priority under the program will be given to projects that meet the requirements of Subsection (a), that the Department has given high priority for purposes of flood protection, and that:
(1) The Department of Conservation has given high priority for purposes of preserving agricultural land under the California Farmland Conservancy Program, or
(2) The Department of Fish and Game has given high priority for purposes of wildlife habitat protection or restoration.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 8402(f), 79037(b), 79038(b), 79039(a), 79040, 79041, 79042, 79044(a) and 79044(b), Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.6. Priority Lists and Criteria for Setting Project Priority.
Note • History
(a) The Department shall establish two priority lists of projects after each solicitation of proposals. The preferred list (A List) will contain those projects qualifying for highest priority in Section 497.5(b), and the reserve list (B List) all other projects qualified under Section 497.5(a). Within those lists, the Department will prioritize projects on a project value derived from a numeric evaluation of applications as set forth in the grant application form.
(b) To assist in evaluating individual project applications, the Department may consult with the applicant, interested stakeholders, local agencies, State agencies or federal agencies with an interest in or jurisdiction over any of the items listed in Subsection (c).
(c) In establishing the project value, the Department will consider the criteria in Sections IV, V and VI of the grant application form, giving approximately equal weight to each section.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79038(a), Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.7. Application for Grant Funding.
Note • History
Applicants for grant funding under the program shall file a complete grant application with the Department including a grant application form. The Department shall not revise the grant application form during any period in which project proposals are being solicited. A complete application shall contain the completed grant application form and at least the following information:
(a) A description of the proposed project including:
(1) A statement of the problem being addressed.
(2) A discussion of the ways that the project addresses the problem and satisfies the purposes described in Section 497.5(a)(2).
(3) A description of the project approach.
(4) A discussion of the expected outcome and benefits of the project.
(5) A description of the geographic boundaries of the project.
(6) Verification that the project is located at least partially in one of the qualifying areas listed in Section 497.5(a)(3).
(7) A description and justification of any proposed use of program funds for flood control system or water system repairs performed as part of an easement program or a project developed or financed under the program (Water Code Section 79043).
(8) A demonstration that the project is technically feasible.
(9) A hydrologic and hydraulic analysis prepared by a civil engineer registered pursuant to California law or a Professional Hydrologist-Surface Water certified by the American Institute of Hydrology.
(10) A complete initial study environmental checklist as required by Section 15063(f), Title 14, California Code of Regulations, and if available, a completed Environmental Impact Report or other environmental documentation as required by CEQA.
(11) A list of required permits for the project and an implementation plan for their procurement.
(b) Maps and drawings as necessary to describe the project, including:
(1) A vicinity map.
(2) A map indicating location of project features and boundaries of affected property.
(3) Drawings or sketches of project features as necessary to describe them.
(c) A financial summary including:
(1) The estimated cost of the project broken down by task.
(2) The estimated flood control benefits of the project.
(3) The amount of the grant requested.
(4) The estimated amount to be funded by the applicant.
(5) Identification of any other parties contributing to the cost, and the amounts and activities to be funded by them.
(d) A summary of proposed property acquisition rights including:
(1) Identification of each property.
(2) Names, addresses and telephone numbers of the property owners and lessees or tenants.
(3) The type of property rights to be acquired (such as easement or fee title).
(4) Evidence that affected landowners are willing participants in any proposed real property transactions.
(5) A justification of any proposed acquisition of fee interest in property to protect or enhance a flood protection corridor or floodplain while preserving or enhancing agricultural use (Water Code Section 79037(b)(1)) which includes:
(A) Reason for the fee title acquisition.
(B) Alternatives considered to fee title acquisition for each property.
(C) Proposed final disposition of the property.
(D) Effect on county property tax revenue.
(e) A tentative work plan for the project including:
(1) A timetable for execution of the project.
(2) A task breakdown for the project.
(3) A description of how services of the California Conservation Corps, or local community conservation corps will be used in the project.
(f) A list of names and addresses of owners of all property interests in parcels adjacent to those for which acquisition of property rights is proposed.
(g) If property rights are to be acquired for the project, or if a need is indicated in environmental review documentation prepared for the project pursuant to CEQA, a plan to minimize the impact of the project on adjacent property owners, including but not limited to the following (Water Code Section 79041):
(1) An evaluation of the impact on floodwaters.
(2) The structural integrity of affected levees.
(3) Diversion facilities.
(4) Current and historic agricultural practices on the project site and in the vicinity.
(5) Timber extraction operations.
(6) An evaluation with regard to maintenance.
(h) A description of the input and participation that local groups and affected parties provided in the preparation of the work plan and application.
(i) A statement relative to the use of a trust fund for maintenance, or any proposed alternative, as specified in Water Code Section 79044.
(j) Either or both of the following, depending on applicability:
(1) An analysis of the project benefits to wildlife habitat.
(2) A description of project actions to preserve agricultural land.
(k) A statement of qualifications for the project team.
(l) A written statement by an attorney certifying that the applicant is authorized to enter into a grant agreement with the State of California.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037(b), 79038(b), 79039(a), 79040, 79041, 79043, 79044(a) and 79044(b), Water Code; Sections 21000 et seq., Public Resources Code; and California Code of Regulations, Title 14, Section 15063(f).
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
Note • History
Public hearings for projects shall conform to the following:
(a) The Department shall hold public hearings for all projects requiring acquisition of property rights, prior to acquisition of those rights, and may hold public hearings for other projects as it deems advisable.
(b) Hearings shall be held in the county or one of the counties where the project is located. If all or a portion of the project is in a municipality, the hearing shall be held in the municipality or one of the municipalities where the project is located.
(c) The Department shall give notice of the hearing in accordance with the following:
(1) Notice shall be given by mail at least 10 days before the hearing to the Board of Supervisors of the affected county or counties, adjacent landowners, affected water districts, local municipalities, individuals and organizations that have requested notice, and other interested parties as determined by the Department.
(2) Notice of the hearing shall be given to the general public by publication in at least one newspaper of general circulation in the local community for at least once a week for two successive weeks.
(3) The notice shall set the time and place of the hearing which shall be not less than 10 days following the completion of publication. The notice shall state that the purpose of the hearing is to inform and obtain comment from the public on the proposed acquisition of property rights for the project or projects. The notice may include other specific subjects pertaining to the project.
(4) Additionally, notice may be circulated by electronic mail, web site posting or other methods that provide easy access and prompt availability.
(d) Any owner of land in or adjacent to the project or other interested person may offer and the Department shall receive any relevant evidence or testimony concerning the proposed property acquisitions or other subject specified in the hearing notice or by the hearing officer.
(e) The Department shall prepare a summary of comments made at the hearing.
(f) Within 30 working days after the public hearing, the Department shall make the summary of comments available.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79042, Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.9. Grant Contract Requirements.
Note • History
(a) Before the Department will enter into a grant contract, the sponsor shall develop a work plan satisfactory to the Department. To assist the sponsor to develop a work plan, the Department may visit the project site to assess its conditions and needs and may confer with the project sponsor, project supporters, and other local officials, agencies, and organizations with an interest in the project. The Department may convey recommendations and information obtained from these efforts to the sponsor. The work plan shall reflect the specific schedule and components of the project. The sponsor may revise the work plan from time to time during project execution with the approval of the Department.
(b) The project sponsor, and all members of a joint sponsoring organization, shall provide copies of resolutions from their organizations accepting the grant and authorizing specific individuals to sign the contract on behalf of each.
(c) The Department may enter into a contract before the sponsor has obtained all applicable permits, but may not disburse any funds to be used for project construction until the sponsor has complied with all applicable federal, State, and local laws, rules and regulations, and obtained all required permits,
(d) If a contract is not signed within six months of the date the grant is awarded, the grant may be withdrawn.
(e) All contracts shall be signed by the sponsor, and, if the sponsor is a joint sponsoring organization, all the member organizations. If the sponsor is a nonprofit organization that is not incorporated, it must designate a fiscal agent satisfactory to the Department to act on its behalf, and provide evidence that the fiscal agent agrees to so act.
(f) The contract shall require the sponsor to make a progress report to the Department, as described in Section 497.10, as a prerequisite to each grant disbursement. The Department will monitor progress and may withhold up to 100 percent of the currently requested grant payment if progress is not satisfactory.
(g) The contract shall require the sponsor to submit a written completion report as described in Section 497.10.
(h) The contract shall provide that during planning and construction the Department may inspect the project at any reasonable time to ensure it is being carried out in accordance with the work plan, and after completion to ensure that it is being properly maintained.
(i) The contract shall specify the percentage of each payment, not to exceed 10 percent, to be withheld to ensure completion of the project.
(j) The contract shall either define project completion milestones, at which time payment of grant funds will be made for completed work, or state that payment will be made quarterly in arrears upon receipt of invoices.
(k) The contract shall require the sponsor to prepare a maintenance plan as described in Section 497.11.
(l) The contract shall provide, but not be limited to the following:
(1) The sponsor will assure that the project will be operated, maintained, repaired, replaced and rehabilitated until the Department determines that it is no longer necessary.
(2) The sponsor will perform the maintenance with its own forces, or will employ another agency or organization satisfactory to the Department.
(3) The sponsor will control encroachments on the project facilities and properties, whether unauthorized or permitted, and will not permit any encroachments that will adversely affect the function or maintenance of the project facilities and properties.
(4) The Department shall have access at all times to monitor the effectiveness of maintenance of the completed facilities and the properties for which interests were purchased.
(5) If the Department deems maintenance measures, repairs, replacements or rehabilitation necessary, and the sponsor does not, in the opinion of the Department, provide these services promptly, the Department may upon 30 days' written notice enter upon the property and perform the required work, and bill the sponsor and the sponsor will pay the cost of any work so performed.
(6) The sponsor will hold and save the State free and harmless from any and all claims or damages arising out of or in connection with the planning, design, construction, operation, maintenance, repair, replacement, or rehabilitation of the project facilities and properties.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Section 79044(a), Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
Note • History
(a) The sponsor shall submit project progress reports to the Department that include the following:
(1) Records of expenditures.
(2) Description of project activities since the previous report.
(3) Status of the project relative to the progress schedule.
(4) Key issues that must be resolved.
(5) Results of project monitoring.
(b) The first progress report shall be made three months after contract award or upon submittal of the first invoice, whichever comes first.
(c) Intermediate progress reports shall be made quarterly or upon reaching a milestone, whichever the contract requires.
(d) The sponsor shall submit a completion report that shall constitute the final progress report and must include:
(1) All items required in Subsections (a)(1) through (a)(3).
(2) Photographs of the before-project condition.
(3) Photographs of planning and restoration activities and techniques.
(4) Photographs of the completed condition.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037 and 79043, Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
Note • History
The sponsor shall provide a maintenance plan satisfactory to the Department that shall include:
(a) A description of the facilities and properties to be maintained.
(b) The name of the maintaining agency.
(c) A description of periodic maintenance activities that will be performed, and the frequency and timing of performance.
(d) A statement about the source of funds for the maintenance. If a trust fund is established for maintenance under the provisions of Water Code Section 79044, the statement shall include information about the expected sufficiency of the trust fund proceeds and the need for and source of additional funding.
(e) A certification under penalty of perjury that the sponsor can pay for maintenance of the land to be acquired and the project facilities from funds available to the sponsor, including any trust fund proceeds.
(f) A provision requiring the sponsor to provide annual pictorial reports to the Department each year between July 1 and July 15, describing the maintenance activities performed during the year and any maintenance problems that currently exist.
(g) A provision that the sponsor assures that the maintenance measures or repairs that the Department deems necessary will be promptly taken or made.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79044(a) and 79044(b), Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
§497.12. Audits and Record Keeping.
Note • History
(a) All sponsor records and documents pertaining to the grant shall be maintained by the sponsor until three years after the final payment of grant funds is made.
(b) All sponsor records and documents pertinent to the grant shall be available for inspection and audit by the Department or the State Auditor during normal business hours.
(c) The Department or the State Auditor may audit the records of the project at any time within three years after final payment of grant funds.
NOTE
Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Reference: Sections 79037 and 79044(a), Water Code.
HISTORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 34).
Chapter 2.5.2. Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act
Note • History
(a) These regulations implement Article 8 of Chapter 5 of Division 26 of the Water Code, which is the Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of 2000, approved by voters March 7, 2000. They establish a process for funding feasibility studies, designs, and implementation of flood protection projects that may be performed by local public entities under the Yuba Feather Flood Protection Program.
(b) Administrative costs of not more than 5 percent of the total amount deposited in the subaccount for this program as set forth in Water Code Section 79068.18 shall be allocated to the Department of Finance for the purpose of issuing bonds and auditing the program.
(c) Department of Water Resources costs for administering this program shall also be funded by the subaccount, but are not included in the amount set forth in Water Code Section 79068.18.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6 and 79068.18, Water Code; and 2000 Cal. Stat. Ch. 52, Item No. 3860-101-6010.
HISTORY
1. New chapter 2.5.2 (sections 499.1-499.8) and section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of subsection (a) and amendment of Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Note • History
The words used in these regulations have the meanings set forth as follows:
(a) “Applicant” means a local public entity which has legal authority and jurisdiction to implement flood control programs in the area of consideration and files an application for funding under the provisions of the Bond Law and these regulations.
(b) “Bond Law” means the Yuba Feather Flood Protection Program of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act, as set forth in Article 8 of Chapter 5 of Division 26 of the Water Code (commencing with Section 79068).
(c) “Department” means the California Department of Water Resources.
(d) “CEQA” means the California Environmental Quality Act.
(e) “CPM diagram” means a Critical Path Method diagram, which is a schedule that is derived by calculating the total duration of a project based on individual task durations and their interdependencies. A CPM diagram is usually depicted in a bar graph format, graphically showing the task durations and interdependencies.
(f) “Design” means all activities following a feasibility study leading to physical definition of the project in sufficient detail to facilitate project implementation.
(g) “Economic feasibility” is determined by calculating the ratio of economic benefits to economic costs for a given alternative. A project is “economically feasible” when this ratio is greater than or equal to one.
(h) “Feasibility study” means an investigation resulting in a report that provides the information for design and implementation of a project, and demonstrates whether the described approach is economically and technically feasible and appropriate for implementation.
(i) “Implementation” means those actions taken to put a designed project into effect, including both the construction of project works and carrying out a program for flood damage reduction that does not require construction.
(j) “Local public entity” means any political subdivision of the State of California, including, but not limited to, any county, city, city and county, district, joint powers agency, or council of governments within the area of consideration.
(k) “Recipient” means an applicant who has received grant funding through the feasibility study, design, or implementation funding application process.
(l) “Tributaries” means those watercourses that currently flow to the Yuba River, the Feather River or the Colusa Drain.
(m) “Unit”, unless context indicates otherwise, means all or a designated portion of a flood protection project that constitutes either:
(1) “Design unit”: the whole or a portion of a plan selected in a feasibility study, designated for design, or
(2) “Implementation unit”: the whole or a portion of a design or aggregate of designs, designated for implementation.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.3. Area of Consideration.
Note • History
Only applicants with flood control jurisdiction in the following areas will be considered eligible for feasibility study, design, or implementation funding:
(a) Yuba and Feather Rivers and their tributaries; and/or
(b) The Colusa Drain and its tributaries; and/or
(c) Sutter County, for the purposes of implementing Water Code Section 79068.12.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.6 and 79068.10(g) and (i) and 79068.12, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of first paragraph and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment of section heading and section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section heading and section as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of section heading and section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Note • History
(a) The Department shall administer a grant program to fund feasibility studies consistent with the Bond Law and these regulations. Feasibility studies funded under this Chapter shall determine the engineering, hydrogeologic, environmental, economic and financial feasibility of a flood protection project proposed for implementation. The proposed project must be consistent with Water Code Section 79068.6.
(b) Feasibility study results will provide the information needed to develop a design and/or implementation funding application. This information includes, but is not limited to:
(1) A description of the selected plan and alternatives considered, including illustrations and maps showing project features as appropriate to the type of project, signed by an engineer registered pursuant to California law.
(2) Information demonstrating the engineering feasibility of the project.
(3) Information regarding the economic feasibility of the alternatives considered, including a detailed discussion of the types of benefits derived and their associated costs.
(4) A discussion of the least cost alternative compared to the proposed project. The least cost alternative should produce similar results and must also be economically, technically, financially and environmentally feasible.
(5) Information regarding the physical and financial need for the project.
(6) A schedule for project completion in a bar graph format.
(7) An estimated total cost of the project showing details of project costs.
(8) Information that demonstrates how recipients would comply with all local, state, and federal requirements, including but not limited to: the regulatory requirements of the Federal Energy Regulatory Commission, the U.S. Army Corps of Engineers and others; CEQA; state and federal Endangered Species Acts; and the federal Clean Water Act. Recipients must comply with CEQA and the California Endangered Species Act before implementation funding can be secured.
(9) A list of all permits which will be required for project implementation, with a plan and schedule for obtaining those permits and disclosure of any anticipated problems.
(10) A statement listing all relevant local land use plans or general plans, and describing the proposed project's consistency with those plans.
(11) The amount of state funding identified for implementation, the sources and amounts of other funds to be applied toward the project, and other information regarding the financial feasibility of project implementation.
(12) A disclosure of all known public support and opposition to the project at the time of application. This includes comments received during the public review process from all interested individuals in the area impacted by the project.
(c) Studies to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(d) The Department may reimburse up to 100 percent of eligible study costs.
(e) The Department may require the recipient to submit an “Alternatives Report” early in the process of preparing the feasibility study. This report shall describe all potential structural and nonstructural alternatives of a proposed project, discuss criteria for screening potential alternative projects and describe how the screening criteria are to be applied. The report shall contain discussions of interim coordination and outreach programs. For those alternatives being carried forward for more detailed evaluation, the report shall discuss the economic and technical feasibility and the environmental benefits of each alternative as well as potential adverse environmental impacts.
(f) Feasibility studies shall incorporate multi-objective watershed perspectives. As a guideline for an acceptable approach, the recipient should consider the analytical methods described in Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies, promulgated by the United States Water Resource Council, 1983 (U.S. Government Printing Office, Washington D.C. March 10, 1983). Copies of this document are available through the Department.
(g) Funding of a feasibility study under this chapter does not obligate the Department to fund design or implementation of a proposed project.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79068.10, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Note • History
(a) The Department shall administer a grant program to fund designs for projects consistent with the Bond Law and these regulations. Designs funded under this Chapter shall use information from a feasibility study accepted by the Department to develop a set of plans and specifications that could be used to advertise for construction and/or to develop an implementation package for non-constructed features of a project. The recipient may subdivide an accepted feasibility study into more than one unit for design but the aggregate of all design units shall conform to and include all of the plan selected in the accepted feasibility study, as amended by any changes subsequently accepted in writing by the Department.
(b) Designs will provide the information needed to begin project implementation. This information includes, but is not limited to:
(1) For constructed works:
(A) Drawings showing project features, with enough specificity and completeness so that a general contractor could understand the intent of and bid on the project. All drawings shall be signed by an engineer registered pursuant to California law.
(B) Project specifications complementing the drawings and providing the written description of project needs. All specifications shall be certified by an engineer registered pursuant to California law.
(C) A detailed cost estimate showing the total project costs by line item, and including labor and material costs. The estimate shall be certified by an engineer registered pursuant to California law.
(D) A design analysis or report showing the engineering calculations that were used to determine the size and types of materials used in the design.
(2) For programs not requiring construction:
(A) A full description of all actions to be taken to implement the program, including drawings, charts or diagrams where appropriate, with enough specificity and completeness so that a person or agency knowledgeable in the appropriate field could understand and carry out the program.
(B) A full description of the results expected from actions taken.
(C) A detailed cost estimate, broken down into individual tasks or subtasks to the satisfaction of the Department.
(D) A design analysis or report describing how each action was determined and substantiating its expected effectiveness.
(3) For projects that include mitigation or enhancement measures funded by the Department of Fish and Game under Water Code Section 79068.14:
(A) Identification of items considered mitigation or enhancement, separate from the remainder of the project and from each other, and estimates of their implementation costs.
(B) Evidence that, for lands acquired solely for mitigation or enhancement purposes, any required property rights could be acquired from willing sellers.
(4) For all projects, a schedule for project implementation showing the time in calendar days required to complete the project as determined by use of a CPM diagram.
(c) Designers shall follow all applicable federal, state, local and industry standards. For projects which will, if implemented, fall under the jurisdiction of The Reclamation Board, applicable state standards include the Reclamation Board standards, as found in Title 23, Division 1, Chapter 1, Article 8, of the California Code of Regulations.
(d) The recipient shall provide to the Department an information copy of the design criteria, standards or guidelines used by its designer. This information will be provided before the final design is submitted to the Department for review.
(e) Designs to be funded may be conducted by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities.
(f) The Department may reimburse up to 100 percent of eligible design costs.
(g) Funding of a design under this Chapter does not obligate the Department to fund the implementation of a proposed project.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6, 79068.10 and 79086.14, Water Code.
HISTORY
1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
2. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
4. Amendment of section and Note filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.4.1.1. Early Allocation of Implementation Funds.
Note • History
A design grant recipient may apply for early allocation of the State share of implementation funds for an implementation unit.
(a) Early allocation of implementation funds may be made on the basis of a written statement that contains the following:
(1) Description of the unit for which early allocation is requested.
(2) Description of the progress of the design in detail.
(3) Demonstration that design of the unit is 65% complete based on total funds expended and current estimates of design cost, including contributions and items to be funded by entities other than the Department.
(b) Funds will be available to reimburse eligible implementation costs only after the Department and the applicant have entered into an implementation grant contract as provided in Section 499.7 of these regulations.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580 and 79068.6, Water Code.
HISTORY
1. New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2007 order, including amendment of subsections (a)-(a)(3), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.4.1.2. Advance Preparation for Right of Way Acquisition.
Note • History
A design grant recipient may use design grant funds to perform work in preparation for acquisition of right of way and other real property rights.
(a) Design grant funds may be used to pay staff salaries, staff expenses, and equipment and materials costs for performing work leading to acquisition of property rights.
(b) Design grant funds may not be used to fund payments to holders of the rights to be acquired.
(c) The recipient will account for all property rights acquisition expenses as an item in the design task breakdown.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068.6 and 79086.14, Water Code.
HISTORY
1. New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Note • History
(a) The Department shall administer a grant program to fund implementation of projects consistent with the Bond Law and these regulations. Implementation of projects funded under this Chapter shall use information from one or more designs accepted by the Department to put the project into effect. For the purposes of this section, the design or aggregate of designs is identified as “the accepted design”.
(1) Before implementation of the accepted design, the recipient may subdivide it into more than one implementation unit.
(2) Whether or not the design is subdivided, the recipient shall provide a written statement to the Department that shall:
(A) Describe each unit and its estimated costs.
(B) Substantiate that the unit, or a group of units that includes the unit, is economically feasible.
(C) Identify or provide a financing plan that includes the identified economically feasible unit or group.
(D) Declare that the recipient intends to implement all the units of any such group.
(3) The recipient may implement separately any unit that conforms to Section 499.4.2(a)(2) of these regulations, provided that either
(A) The unit is economically feasible, or
(B) The Department, in writing, at its sole discretion, waives economic feasibility for the unit.
(4) Implementation of constructed projects or project elements shall conform to the drawings, specifications, and design report contained in the accepted design and to any changes subsequently accepted in writing by the Department.
(5) Implementation of projects or project elements not requiring construction shall conform to the description of actions to be taken, including drawings, charts and diagrams, contained in the accepted design, and to any changes subsequently accepted in writing by the Department.
(6) The cost estimates in the accepted design and in the statement documenting selection of the unit, if any, will be used to establish funding.
(A) The initial amount of funding to be granted for implementation will be based on the unit prices and quantities in the accepted design and in any statement documenting selection of the unit, information provided in the implementation grant application about the cost share to be borne by the applicant, and circumstances of the funding process including availability of funds.
(B) When a contractor performs the work, funding may be adjusted to correspond to the contractor's bid prices, at the discretion of the Department.
(C) When the recipient performs the work directly, the unit prices in the accepted design will apply.
(D) Funding may be further adjusted to correspond to changes subsequently accepted by the Department.
(E) All increases in funding pursuant to Sections 499.4.2(a)(6)(B) or 499.4.2(a)(6)(D) of these regulations are subject to the availability of funds.
(b) Implementation will result in a complete, sustainable and maintainable project completed according to the accepted design and accepted changes. The project will comply with all applicable permits, standards, laws, and other local, State, and federal requirements. These include but are not limited to the regulatory requirements of the Federal Energy Regulatory Commission, the U.S. Army Corps of Engineers, The Reclamation Board, the State Water Resources Control Board, and other agencies. Recipients shall also comply with CEQA, State and federal Endangered Species Acts, and the federal Clean Water Act.
(c) The initial schedule for implementation shall be derived from the CPM diagram in the accepted design, updated as to starting date when such date has been determined. The schedule may be adjusted to reflect changes acceptable to the Department.
(d) The recipient shall obtain any permits required for any feature of the work before commencing implementation of that feature.
(e) Projects to be funded may be implemented by a single local public entity or a local public entity jointly with other federal or state agencies or local public entities. Actual implementation may be performed by a contractor under a contract conforming to the contracting laws of the State of California.
(f) The Department may reimburse up to 70 percent of eligible implementation costs, except that eligible costs for implementation of enhancements funded by the Department of Fish and Game under Water Code Section 79068.14 may be reimbursed up to 100 percent.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 8300, 12580, 79068, 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.
HISTORY
1. New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2007 order, including amendment of subsection (a)(2), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.5. Costs Eligible for Grant Funding or Credit.
Note • History
(a) Costs that the Department has not approved before the expenditure through a contract or other written document will not be reimbursed, except as provided in Sections 499.5(e)(3), 499.5(f)(2) and 499.5(g)(2) of these regulations.
(b) Costs incurred before March 7, 2000 will not be reimbursed.
(c) Feasibility studies or designs for projects identified in Water Code Section 79068.6 (a)-(i) are eligible for up to 100 percent grant funding.
(d) Eligible implementation costs, including mitigation funded by the Department of Fish and Game under Water Code Section 79068.14, are eligible for reimbursement of up to 70 percent. The remaining 30 percent is to be paid by the recipient. Eligible implementation costs for enhancement, funded by the Department of Fish and Game under Water Code Section 79068.14, are eligible for up to 100 percent reimbursement.
(e) Eligible study costs include only those costs directly related to:
(1) Conducting the feasibility studies;
(2) Preparing related documentation in accordance with CEQA; and
(3) Preparing the feasibility study grant application, provided the application is approved for grant funding.
(f) Eligible design costs include only those costs directly related to:
(1) Conducting the design in accordance with an accepted feasibility study and Environmental Impact Report or Negative Declaration prepared in accordance with CEQA; and
(2) Preparing the design grant application, provided the application is approved for grant funding.
(g) Eligible implementation costs include only those costs directly related to:
(1) Implementing the project, including the costs of mitigation and enhancement pursuant to Water Code Section 79068.14, project management, and other supplementary costs approved by the Department. Property rights purchased solely with funds provided under Water Code 79068.14 for mitigation or enhancement features must be acquired from willing sellers; and
(2) Preparing the implementation grant application, provided the application is approved for grant funding.
(h) The Bond Law funds may be used for feasibility study, design, or implementation activities identified in Sections 499.5(e) through (g) of these regulations only if the recipient demonstrates that it will be able to ensure the operation and maintenance of the completed project.
(i) Other provisions of these regulations notwithstanding, entities with flood control jurisdiction within Sutter County are eligible for reimbursement and funding under the provisions of Water Code Section 79068.12. Reimbursement and funding shall be accomplished pursuant to letter agreements between the Department and each local entity. The agreements will provide for payment upon receipt of invoices for costs incurred for the local share of Federal and State cost shared projects.
(j) For projects that have been awarded feasibility study, design or implementation grants under this program, costs otherwise eligible but accruing prior to award of the grant and on or after March 7, 2000 may be credited as payment of the recipient's share of implementation costs for the same project.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 12585.5, 79068.6, 79068.8, 79068.10, 79068.12 and 79068.14, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment of section heading, section and Note filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section heading, section and Note as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of section heading, section and Note filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of subsection (j), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.6. Feasibility Study Application.
Note • History
Applicants for feasibility study funding shall file a complete application with the Department. A complete application shall contain the following technical information:
(a) A description of the feasibility study, and alternatives with illustrations or maps indicating project features as appropriate to the type of project, signed by an engineer registered pursuant to California law.
(b) A map indicating the study areas.
(c) A task breakdown for the feasibility study.
(d) A schedule for execution of the feasibility study, showing the time in calendar days required to complete each task of the study as determined by use of a CPM diagram.
(e) An estimated total cost for the study, including a breakdown of the study costs.
(f) The amount of State funding requested, the sources and amounts of any other funds to be applied toward the study, and other information regarding the financial feasibility of the proposed project.
(g) Information regarding each of the factors identified in California Water Code Section 79068.10.
(h) Copies of any studies previously prepared that support an application for a feasibility study grant.
(i) Citations of the applicant's statutory enabling laws and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(j) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(k) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of subsection (d) and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment of subsections (a), (d) and (f) filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of subsections (a), (d) and (f) filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Note • History
(a) Applicants for design funding shall file a complete application with the Department. A complete application shall contain the following technical information:
(1) A description of the project.
(2) A feasibility study meeting the requirements set forth in Section 499.4 of these regulations accepted in writing by the Department, demonstrating that the project is economically feasible.
(3) Documentation of compliance with CEQA as required in Section 499.6.1(b) of these regulations.
(4) A task breakdown for the design showing all activities expected to occur during the design process, and including separate tasks for design of any mitigation or enhancement measures to be implemented under Water Code Section 79068.14.
(5) A schedule for execution of the design, showing the time in calendar days required to complete each task of the design as determined by use of a CPM diagram.
(6) An estimated total cost for the design, including a detailed breakdown of design costs by task within each project feature.
(7) The amount of State funding requested and the sources and amounts of any other funds to be applied toward the design.
(8) Citations of the applicant's statutory enabling laws and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(9) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(10) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
(b) If an Environmental Impact Report or Negative Declaration is required for the project, a copy of that document must be included with the application for design funding. If the final document has not been adopted by the lead agency at the time the application is submitted, a copy of the public draft may be submitted and the final document substituted for it as soon as it is available. A final document adopted by the lead agency, together with a Notice of Determination, must be submitted within six months after filing the application and within three months after entering into an ensuing design contract.
(c) If CEQA compliance has not been completed at the time an application for design funding is filed, the task breakdown submitted with the application shall include all activities necessary to comply with Section 499.6.1(b) of these regulations.
(d) If CEQA compliance has not been completed prior to entering into a design contract, the task breakdown in the contract shall include all activities necessary to comply with Section 499.6.1(b) of these regulations.
(e) Notwithstanding their performance during design, all activities necessary to comply with Section 499.6.1(b) of these regulations and eligible for grant funding may be reimbursed only with feasibility study grant funds as provided in Section 499.5(e) of these regulations.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.
HISTORY
1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
2. Amendment of section, including renumbering and amendment of former section 499.6.2(a)-(c) as section 499.6.1(b)-(d) and amendment of Note, filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
4. Amendment of section, including renumbering and amendment of former section 499.6.2(a)-(c) as section 499.6.1(b)-(d) and amendment of Note, filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.6.2. Environmental Compliance.
Note • History
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
HISTORY
1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
2. Renumbering of former section 499.6.2(a)-(c) as section 499.6.1(b)-(d) filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
4. Renumbering of former section 499.6.2(a)-(c) as section 499.6.1(b)-(d) filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.6.3. Implementation Application.
Note • History
Applicants for implementation funding shall file a complete application with the Department. A complete application shall contain the following technical information. Any item previously submitted to the Department in conjunction with the project design, and which is completely in accord with the current application, may be applied toward fulfillment of these requirements:
(a) A description of the project.
(b) Documents produced by a design accepted in writing by the Department, meeting the requirements set forth in Section 499.4.1 of these regulations, and providing sufficient information to begin project implementation.
(1) For constructed projects or project features, required documentation includes drawings, specifications, cost estimate, and design report.
(2) For projects or project features not requiring construction, required documentation includes description of actions to be taken with appropriate drawings, charts or diagrams, description of the results expected, cost estimate, and design report.
(3) For projects that include mitigation or enhancement measures funded by the Department of Fish and Game under Water Code Section 79068.14:
(A) Identification of items considered mitigation and enhancement, separate from the remainder of the project and from each other, and estimates of their implementation costs.
(B) Evidence that, for lands acquired solely for mitigation or enhancement purposes, any required property rights could be acquired from willing sellers.
(c) A copy of the final Environmental Impact Report or Negative Declaration, adopted by the lead agency, together with a Notice of Determination.
(d) Documentation demonstrating that the project is in compliance with the California Endangered Species Act.
(e) A task breakdown for implementation showing all activities expected to occur during the implementation process.
(f) A schedule for execution of project implementation, showing the time in calendar days required to complete each task of the project implementation as determined by use of a CPM diagram.
(g) An estimate of the costs of project management and other supplementary costs not included in the design documentation.
(h) The amount of State funding requested, schedule of expenditures, and the sources and amounts of any other funds to be applied toward the implementation.
(i) Citations of the applicant's statutory enabling laws, authority to implement the project, and authority to contract with the State, including a brief description of procedural steps required by the applicant's enabling laws to contract with the State.
(j) A resolution of the applicant's governing body authorizing a designated representative to sign and submit the application.
(k) Any additional engineering, technical, financial, economic, environmental and legal analyses and justifications required by the Department during administration of this program and evaluation of the applications.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 79068, 79068.6, 79068.8 and 79068.10, Water Code.
HISTORY
1. New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
§499.7. Application and Funding Process.
Note • History
(a) Applications for grant funding for feasibility studies received by November 15 will be eligible for funding in the following fiscal year, and will be processed on a first-come first-served basis. Applications received after November 15 will be eligible for funding in the next fiscal year after the following fiscal year. Award of feasibility study contracts will be subject to availability of funds.
(b) Applications for grant funding for design or implementation may be submitted at any time during the year. Applications will be processed on a first-come first-served basis. Award of design or implementation contracts will be subject to availability of funds.
(c) The Department shall acknowledge receipt of a complete application in writing within 30 days of receipt.
(d) If the application is not complete, the Department shall send the applicant a letter within 30 days of receipt requesting the additional information.
(e) The applicant may resubmit the application as soon as the additional information is obtained.
(f) Prior to expending any funds, the Department and the applicant shall enter into a grant contract.
(1) All feasibility study contracts shall include a detailed workplan and CPM diagram, agreed to by the Department, which plan shall be attached to and become a part of the contract.
(2) All design contracts shall include a task breakdown for the design and CPM diagram, agreed to by the Department, showing all activities expected to occur during the design process, which shall be attached to and become a part of the contract.
(3) All implementation contracts shall include:
(A) A task breakdown and CPM diagram, agreed to by the Department, showing all activities expected to occur during project implementation.
(B) A cost-sharing formula that provides that the recipient pays at least that portion of the eligible implementation costs of the project required by Section 499.5(d) of these regulations.
(C) A requirement that the recipient assures operation and maintenance of the completed project and any associated environmental mitigation and/or enhancement measures.
(D) A requirement that the recipient indemnifies and holds the State, its agencies, officers and employees free and harmless from any and all liability arising out of the design, implementation, operation and maintenance of the project.
(E) Any other requirements deemed necessary by the Department including increased requirements with regard to indemnification.
(4) If a contract is not signed within six months of the date the application is approved, the grant may be withdrawn or the application revised.
(5) Grant funds shall be paid on a reimbursable basis at least quarterly but no more often than monthly at the Department's discretion, subsequent to submittal and approval of study, design, or implementation cost invoices.
(6) If the applicant fails to meet the requirements of Section 499.6.1(b) of these regulations, no further payments will be made pursuant to a design contract until a final CEQA document has been adopted and a Notice of Determination has been filed. Payments may be reinstated at the Department's discretion at that time.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Sections 12585.5, 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of section, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment of section and Note filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section and Note as they existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment of section and Note filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of subsections (a) and (f)(3)(C), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Note • History
(a) The recipient shall maintain all records and documents pertaining to a feasibility study grant for three years after completion of the study.
(b) The recipient shall maintain all records and documents pertaining to a design grant for three years after completion of the design.
(c) The recipient shall maintain all records and documents pertaining to an implementation grant for three years after completion of the project.
(d) All grant recipients shall submit a feasibility study, design, or implementation progress report that includes a record of expenditures to the Department quarterly, commencing three months from the date of grant award and ending with the acceptance of the completed feasibility study, design, or implementation.
(e) All recipients' records and documents pertinent to the grant shall be available for inspection and audit by the Department during normal business hours.
NOTE
Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code. Reference: Section 8546.7, Government Code; and Sections 79068.4, 79068.6 and 79068.8, Water Code.
HISTORY
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-24-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-2005 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of Note, transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Chapter 3. Regulations for Implementation of the California Environmental Quality Act of 1970
Note • History
These regulations are adopted by the Department of Water Resources pursuant to Public Resources Code Section 21082 to implement, interpret, and make specific those provisions of the California Environmental Quality Act (Division 13, Public Resources Code, commencing with Section 21000) which supplement the requirements of the Rules and Regulations promulgated by the Secretary of the Resources Agency (Title 14, Cal. Admin. Code, commencing with Section 15000, hereinafter cited as the “State CEQA Guidelines”).
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050.
HISTORY
1. New Subchapter 3 (Sections 500 through 630, not consecutive) filed 4-13-73; effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer of Article 1 (Section 500) and new Section 500 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§501. Incorporation of State CEQA Guidelines.
Note • History
(a) The State CEQA Guidelines (Title 14, Division 6, Chapter 3) are hereby incorporated by reference as if fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given them in the State Guidelines, unless the context clearly requires a different meaning.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050.
HISTORY
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Repealer of Article 2 (Section 501) and new Section 501 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
In addition to the terms used in the State CEQA Guidelines, the following terms used in this regulation have the following meanings:
(a) Department. Department means the Department of Water Resources.
(b) Director. Director means the Director of Water Resources or the person to whom he has delegated the authority to carry out the activities referred to in the State CEQA Guidelines and this subchapter.
(c) Project Proponent. Project Proponent means the person who undertakes an activity which involves Department financing or regulation.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code, Section 15050.
HISTORY
1. Repealer of Article 2 (Section 502) and new Section 502 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
§503. Fees for Preparation of Negative Declaration or EIR.
Note • History
(a) The Department may charge and collect a reasonable fee from a person proposing a project for which the Department must prepare an EIR or Negative Declaration. The fee will be an amount which will recover the costs incurred by the Department in preparing such EIR or Negative Declaration.
(b) Where the Department will charge a fee for preparation of an EIR, it shall charge and collect a deposit as provided in this section. The amount of the deposit shall be calculated as follows:
(1) The minimum deposit shall be $600 for projects with estimated capital costs of $20,000 or less. The maximum deposit shall be $150,000 for projects with estimated capital costs of $160,000,000 or more. The scale of other deposits is set forth in the tabulation below:
Estimated Capital Cost
of Proposed Project
From To Deposit
$ 20,000 $ 100,000 $ 600+3.00% of excess over $ 20,000
$ 100,000 $ 1,000,000 $ 3,000+1.00% of excess over $ 100,000
$ 1,000,000 $ 10,000,000 $ 12,000+0.20% of excess over $ 1,000,000
$ 10,000,000 $100,000,000 $ 30,000+0.10% of excess over $ 10,000,000
$ 100,000,000 $160,000,000 $120,000+0.05% of excess over $100,000,000
(2) The Department shall separately account for the deposit collected and the charges thereto. The status of the account shall be provided to the project proponent at regular periodic intervals established by mutual agreement. A final accounting shall be rendered by the Department after the Final EIR is considered and adopted.
(3) If in the final accounting the deposit exceeds the actual costs incurred by the Department for the preparation and processing of the EIR, the excess shall be refunded. If the actual costs exceed the amount of the deposit, the project proponent shall be billed for the difference.
(4) The Director may adjust or waive deposits for minor projects. For projects with an estimated capital cost of more than $1,000,000, the Director may permit payment of the deposit in increments.
(5) No such EIRs shall be presented to the Department for approval or adoption until the project proponent has reimbursed the Department for the costs of preparation and processing of the EIR.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21089, Public Resources Code.
HISTORY
1. Repealer of Article 4 heading and former Section 503, and renumbering and amendment of Section 552 to Section 503 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
§504. Categorically Exempt Activities.
Note • History
In compliance with the requirements of the State CEQA Guidelines, the following list of categorically exempt activities of the Department has been compiled. This list is subject to the limitations on categorical exemptions set forth in the State CEQA Guidelines. This list does not preclude categorical exemptions of other activities that come within the State CEQA Guidelines.
(a) Class I consists of the operation, repair, maintenance or minor alteration of the following facilities where there is negligible or no expansion of use beyond that previously existing:
(1) Conservation Facilities of the State Water Project;
(2) Transportation Facilities of the State Water Project;
(3) Power Facilities of the State Water Project;
(4) Recreation Facilities of the State Water Project;
(5) Flood Control Facilities which are direct responsibility of the Department or which are the responsibility of the Department as “Maintenance Area”;
(6) Data Collection Facilities of the Department;
(7) Dams subject to the jurisdiction of the Department's Division of Safety of Dams;
(b) Class II includes replacement or reconstruction of existing structures and facilities where required at the facilities listed in Class I.
(c) Class III includes the location and construction of minor accessory structures and the installation of new equipment where required at the facilities listed in Class I.
(d) Class IV includes minor public or private alterations to land, water or vegetation which do not involve the removal of mature, scenic trees where required at the facilities listed in Class I.
(e) Class V includes the issuance of minor encroachment permits to facilities of the State Water Project in areas with less than a twenty percent slope which do not result in changes in land use or density.
(f) Class VI includes the collection of basic data, research and experiments carried out by the Department which are necessary for planning and feasibility studies, investigations and preparation of environmental documents.
(g) Class IX includes the inspection of dams and flood control facilities.
(h) Class XI includes the construction or placement of minor structures accessory to the facilities listed in Class I.
(i) Class XII includes the sale of surplus property of the Department, as limited by the State CEQA Guidelines.
(j) Class XIII includes acquisition of land by the Department for fish and wildlife conservation purposes where the land will be preserved in its natural condition. This class also includes the transfer of such land to the Department of Fish and Game.
(k) Class XVI includes the acquisition of land in order to establish a park as limited by the State EIR Guidelines. This class also includes the transfer of such land to the Department of Parks and Recreation.
(l) Class XXI includes the enforcement of the orders or terms and conditions of certificates of approval issued by the Department including but not limited to those issued by the Division of Safety of Dams, the revocation or enforcement of permits and licenses issued under the California Weather Resources Management Act and the enforcement or revocation of encroachment permits or easements.
(m) Class XXII includes the Department's training programs which involve no physical alteration of the area affected.
(n) Class XXV includes the acquisition of land by the Department or transfer of such land in order to preserve open-space, as limited by the State CEQA Guidelines.
(o) Class XXVII includes the leasing of privately-owned office space by the Department, as limited by the State CEQA Guidelines.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
HISTORY
1. New section filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Repealer and new section filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21082, 21083, Public Resources Code.
HISTORY
1. Renumbering from Section 505 to Section 503 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering from Section 506 to Section 505 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY
1. Renumbering from Section 506 to Section 505 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering from Section 507 to Section 506 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY
1. Renumbering from Section 507 to Section 506 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering from Section 508 to Section 507 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§508. Environmental Documents.
Note • History
NOTE
Authority cited: Section 21082 Public Resources Code. Reference: Sections 21082, 21061, 21064, 21092, 21108, 21161.
HISTORY
1. Renumbering from Section 508 to Section 507 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering from Section 509 to Section 508 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
HISTORY
1. Renumbering from Section 509 to Section 508 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering from Section 510 to Section 509 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Article 5. General Responsibilities
HISTORY
1. Repealer of Article 5 (Sections 510-519) filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 6. Nonapplicability of CEQA or Exemptions from Initial Study and EIR Preparation
HISTORY
1. Repealer of Article 6 (Sections 520-529) filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 7. Initial Study
HISTORY
1. Repealer of Article 7 (Sections 530-536) filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 8. Lead Agency
HISTORY
1. Repealer of article 8 (sections 540-541) filed 8-9-83; operative 9-8-83 (Register 83, No. 33). For prior history of sections 542-549, see Register 79, No. 4.
Article 9. Environmental Impact Reports (EIRs)
HISTORY
1. Repealer of article 9 (sections 551-552) filed 8-9-83; operative 9-8-83 (Register 83, No. 33).
Article 10. EIR Preparation and Processing
HISTORY
1. Repealer of article 10 (sections 560-569) filed 8-9-83; operative thirtieth day thereafter (Register 83, No. 33>. For prior history, see Register 79, No. 4.
Article 11. Review Procedures for EIRs and Negative Declarations
HISTORY
1. Repealer of article 11 (sections 570-575) filed 8-9-83; operative thirtieth day thereafter (Register 83, No. 33>. For prior history, see Register 79, No. 4.
Article 12. Appendix
HISTORY
1. Repealer of article 12 (section 580) filed 8-9-83; operative 9-8-83 (Register 83, No. 33). For prior history of sections 581-592, see Register 79, No. 4.
Chapter 4. Revenue Requirement and Just and Reasonable Determination
Note • History
This chapter establishes procedures for public participation in the determination of a revenue requirement and standards for whether the revenue requirement is just and reasonable. The regulations in this chapter are not intended to implement, interpret, or make specific any other duties or responsibilities of the department under the Act.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80003, 80004, 80100, 80102, 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New chapter 4 (sections 510-517) and section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New chapter 4 (sections 510-517) and section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
Note • History
(a) “Act” means Chapter 4 of the First Extraordinary Session of 2001 of the California Legislature (commonly known as “AB1X”), as amended by Chapter 9 of the First Extraordinary Session of 2001 of the California Legislature, and as codified in part as Division 27 of the California Water Code.
(b) “Comment” means any written communication to the department regarding a proposed determination, including additional material proposed for consideration by the department, submitted in accordance with this chapter, and excluding information received at a workshop, if one is held.
(c) “Commission” means the California Public Utilities Commission.
(d) “Department” means the State of California Department of Water Resources, acting under the authority and powers granted by the Act, and not under its powers and responsibilities with respect to the State Water Resources Development System or with respect to any other program it administers.
(e) “Determination” means a determination by the department of a revenue requirement of a certain amount that, together with any moneys on deposit in the Electric Power Fund, is sufficient to provide the amounts necessary to pay obligations authorized by the Act, and that such revenue requirement is just and reasonable.
(f) “Electric Power Fund” means the Department of Water Resources Electric Power Fund established by Water Code section 80200.
(g) “Mailed” means deposited with the United States Postal Service with postage prepaid. If agreed to by the recipient, the mailing of any notice under this chapter may be accomplished by electronic-mail.
(h) “Material” means data and other factual information, technical, theoretical, and empirical studies or reports.
(i) “Notice” means a notice of opportunity to submit comments, unless otherwise specified.
(j) “Proposed determination” means a department proposal to issue a determination, presented for public comment as described in this chapter.
(k) “Rate Agreement” means the rate agreement between the department and the commission approved pursuant to Decision 02-02-051 of the commission.
(l) “Record” means, with respect to any given determination, the notices issued under this chapter with respect to the determination, written comments submitted in response to the notices, material relied on by the department, the proposed determination, requests for reconsideration, and the determination. “Record” does not include information submitted in any form at a workshop, if one is held.
(m) “Revenue requirement” means an amount, or a revision to the amount, to be established by the department, and of which the department is to notify the commission, in compliance with Water Code sections 80110 and 80134. Each revenue requirement shall relate to the period of time specified in the determination.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80004, 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order, including amendment of subsection (e), transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§512. Notice of Opportunity to Submit Comments.
Note • History
(a) The department shall provide to interested parties an opportunity to submit comments on each proposed determination made by the department as provided in this chapter.
(b) At least 21 calendar days prior to the close of the opportunity to submit comments on a proposed determination, or upon such shorter or longer time period as the department deems reasonably necessary under the circumstances, a notice shall be:
(1) mailed to every person who has filed a request for notice,
(2) electronically mailed to every person who requests to be notified by electronic e-mail, and
(3) posted on the department's website.
(c) For the purposes of subsection (b), seven calendar days prior to the close of the opportunity to submit comments shall be deemed to be the time period necessary under the circumstances with respect to any revenue requirement required to be filed with the commission pursuant to the second sentence of section 4.1(b) of the Rate Agreement. For the purposes of subsection (b), one business day prior to the close of such opportunity shall be deemed to be the time period necessary under the circumstances with respect to any revenue requirement required to be filed with the commission pursuant to the last sentence of section 4.1(b) of the Rate Agreement.
(d) If, after any notice, the department subsequently provides additional time to submit comments, the department shall provide notice of the additional time by posting a notice on its website, mailing a notice to every person who has filed a request for notice, and electronically mailing a notice to every person who has requested to be notified by electronic mail.
(e) A notice under this section shall include the following:
(1) The mailing and electronic-mail address at which comments must be received, and the deadline for receipt of comments.
(2) A statement explaining where a copy of the proposed determination is available for review. The proposed determination shall include the amount of the proposed revenue requirement, a written explanation of the assumptions and methodologies underlying the proposed determination, a written explanation of how the department reached the proposed determination, and reference to the material relied upon by the department to support the proposed determination.
(3) A statement explaining the process under section 514 for disclosure of certain proprietary or confidential information.
(4) The time and place of a workshop on the revenue requirement if the department, at its discretion, decides to hold a workshop.
(5) The amount of time to be allowed, after the date of electronic publication of the determination, for requests for reconsideration. A reasonable time period shall be allowed, taking into consideration the time constraints for submitting a determination to the commission.
(f) If a notice is given substantially in the manner described in this section, a deficiency in its content or delivery shall not be a basis for invalidating a determination.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§513. Notice of Significant Additional Material Relied Upon.
Note • History
(a) If following a notice pursuant to section 512 the department identifies significant material that it intends to rely upon in making its determination, but which was not identified in the proposed determination, the department shall provide notice of such additional material to those persons who received the original notice by the same means as the original notice. The notice will also explain how the material will be made available for review.
(b) A notice of significant additional material shall set a reasonable period of time for receipt of comments on that additional material and state the mailing and electronic-mail addresses at which the comments must be received.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§514. Confidential Information.
Note • History
The department shall not disclose any proprietary information or other information in the record that the department must keep confidential pursuant to contract or law, but, if such contract or law permits, the department shall make such information available upon receipt, from the person requesting disclosure, of (a) a valid and binding nondisclosure agreement in a form that the department has determined meets the requirements of the applicable contractual or legal confidentiality requirements, and (b) a showing that the disclosure is necessary in order to prepare comments on a determination.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80004, 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
Note • History
(a) Comments must be in typewritten form and may be submitted by electronic-mail, U.S. mail, or hand delivery, subject to the requirements set forth in this section. All copies must be clear and permanently legible.
(b) Comments must identify the determination that is the subject of the comment by referencing the deadline stated in the notice under section 512 or section 513.
(c) Comments submitted to the department must be signed. Comments submitted on behalf of a business or organization must be signed by a person authorized to comment, and must include the name and title of the signatory, the date of signing, the signatory's business address, and the signatory's business telephone number. Signatures for comments submitted by electronic-mail shall be delivered to the department pursuant to section 515(f).
(d) A signature on submitted comments certifies that the signatory has read the comment and knows its contents; that to the signatory's best knowledge, information, and belief, formed after diligent inquiry, the facts are true as stated; that any legal contentions are warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law; that the comments are not tendered for any improper purpose; and that the signatory has full power and authority to sign the document.
(e) No documents or records submitted as comments which purport to be statements of fact shall be considered by the department, unless the documents or records have been certified to the best of knowledge by the person preparing or in charge of preparing them as being true and correct.
(f) Comments submitted through electronic-mail shall be considered by the department only if an original, signed copy of the comment is also received within three working days after the comment is received electronically.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§516. Determination on the Record.
Note • History
(a) After considering comments timely received in response to a notice and otherwise in conformance with the requirements of this chapter, the department shall issue a determination on the record. Upon issuance, the department shall post a copy of a determination on its website and mail or electronically mail a notice of posting to all persons requesting such notification, to all persons who submitted comments on the proposed determination, and to all persons who submitted requests for reconsideration.
(b) Requests for reconsideration shall be considered by the department if submitted within the time set forth in the notice issued pursuant to section 512.
(c) If the department proposes to revise a determination or a revised determination, before or after it is submitted to the commission but prior to the time that the commission order implementing the determination is adopted, the department shall give notice of the proposed revision in the manner specified in section 513. The department shall consider comments received in response to the notice of proposed revision and specifically directed at the proposed revision. The department shall issue a revised determination on the record in the manner specified in section 516(a). A determination revised in accordance with this section, 516(c), shall not be subject to requests for reconsideration.
(d) Each determination, including any revised determination, shall be effective upon issuance pursuant to section 515(a), including for the purpose of submission to the commission at such time as may be determined by the department, notwithstanding any subsequent reconsideration or proposed revision.
NOTE
Authority cited: Section 80014, Water Code. Reference: Sections 80110, 80134 and 80200(d), Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order, including amendment of section, transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
Note • History
(a) To protect ratepayer interests, the record of the determination must demonstrate by substantial evidence that the revenue requirement is just and reasonable, considering the circumstances existing or projected to exist at the respective times of the department's decisions concerning whether to incur the costs comprising such revenue requirement, and the factors which under the Act are relevant to such determination and such decisions, including but not limited to the following:
(1) The development and operation of the program as provided in the Act is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose;
(2) The department must do those things necessary and authorized under chapter 2 of the Act to make power available directly or indirectly to electric consumers in California; provided that except as otherwise stated, nothing in the Act authorizes the department to take ownership of the transmission, generation, or distribution assets of any electrical corporation in the State of California;
(3) Upon those terms, limitations, and conditions as it prescribes, the department may contract with any person, local publicly owned electric utility, or other entity for the purchase of power on such terms and for such periods as the department determines and at such prices the department deems appropriate taking into account all of the factors listed in section 80100 of the Water Code;
(4) The department may sell any power acquired by the department pursuant to the Act to retail end use customers, and to local publicly owned electric utilities, at not more than the department's acquisition costs, including transmission, scheduling, and other related costs, plus other costs as provided in section 80200 of the Water Code;
(5) The department must, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys on deposit in the Electric Power Fund, to provide for all of the amounts listed in section 80134(a) of the Water Code, including but not limited to the repayment to the General Fund of appropriations made to the Electric Power Fund for purposes of the Act; and
(6) Obligations of the department authorized by the Act shall be payable solely from the Electric Power Fund.
NOTE
Authority cited: Section 80014, Water Code. Reference: Section 80000, 80003, 80100, 80102(b), 80116, 80134 and 80200, Water Code.
HISTORY
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
Chapter 4.5. Financial Assistance for Flood Management Projects and Small Flood Management Projects
Note • History
Pursuant to Assembly Bill No. 1147 (Statutes of 2000, Chapter 1071) these regulations implement Water Code Sections 12582.7, 12585.7 and 12585.9, which became effective on January 1, 2001, by establishing a process for determining the percentage of state financial assistance for flood management projects authorized by the Legislature on or after January 1, 2002 and to small flood management projects authorized by Section 12750 for which the Department makes findings required by Section 12570.1 on or after January 1, 2002.
Pursuant to Assembly Bill No. 1788 (Statutes of 2010, Chapter 579) these regulations implement amendments to Water Code Section 12585.7 by updating the process for determining the percentage of state financial assistance for flood management projects as it pertains to economically disadvantaged communities.
NOTE
Authority cited: Sections 12585.7, 12585.9 and 12601, Water Code. Reference: Sections 12582.7, 12585.7 and 12750.1, Water Code.
HISTORY
1. New chapter 4.5 (sections 570-576) and section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section and Note filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
Note • History
The following terms used in these regulations have the meanings set forth below:
(a) “Benefited Area” means the geographical area that receives improved flood protection from the proposed Project and must be the same area for which benefits are estimated for the economic analysis.
(b) “Benefited Area Median Annual Household Income” means the median annual household income for the Benefited Area. The data used to determine this income level can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department or Board.
(c) “Block” means the smallest geographic area within a block group of a census geographic tract. This data can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department.
(d) “Block Group” means a cluster of Blocks within a census geographic tract. This data can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department or Board.
(e) “Board” means the Central Valley Flood Protection Board, formerly known as The Reclamation Board.
(f) “California Median Annual Household Income” means the median annual household income for California. The data used to determine this income level can be obtained from the U.S. Census Bureau or from a vendor of updated census-based data acceptable to the Department or Board.
(g) “Department” means the Department of Water Resources.
(h) “Department or Board” means the Board for Projects over which the Board has jurisdiction and is the nonfederal sponsor, and the Department for all other Projects.
(i) “Disadvantaged Area” means a Benefited Area with a median annual household income that is less than 80 percent of the California Median Annual Household Income at the time the analysis to determine the recommended State Cost-Share is performed by the Department or Board.
(j) “Disadvantaged Household Income” means 80 percent of the California Median Annual Household Income.
(k) “Draft Nonfederal Cost-Sharing Report” is a report prepared by the Sponsor to document the Sponsor's estimates of the contributions of the Project to the Objectives of Water Code Sections 12585.7(d)(1) through 12585.7(d)(5). The requirements of this report are described in Sections 573, 574, and 575 of these regulations.
(l) “Federal Feasibility Study Report” means the approved decision document used by the U.S. Army Corps of Engineers or by the Natural Resources Conservation Service, that establishes the feasibility for the Project, and typically includes an environmental document prepared under the National Environmental Policy Act.
(m) “Final Nonfederal Cost-Sharing Report” is a report prepared by the Sponsor that includes the Draft Nonfederal Cost-Sharing Report, comments received during a forty-five-day public comment period, and responses to the public comments.
(n) “Nonfederal Capital Cost” means that portion in dollars of the Total Capital Cost of a Project determined by the U.S. Army Corps of Engineers or by the Natural Resources Conservation Service to be the financial responsibility of participants other than the United States, usually identified in the project partnership agreement, final design memorandum, or other approved federal Project document.
(o) “Objective” means the feature, character, or quality described in Water Code Sections 12585.7(d)(1) through 12585.7(d) (5).
(1) “Habitat Objective” means the objective described in Water Code Section 12585.7(d)(1).
(2) “Open Space Objective” means the objective described in Water Code Section 12585.7(d)(2).
(3) “Recreation Objective” means the objective described in Water Code Section 12585.7(d)(3).
(4) “Combination Objective” means a combination of the objectives described in Water Code Sections 12585.7(d)(1), 12585.7(d)(2), and 12582.7(d)(3).
(5) “Disadvantaged Area Objective” means the objective described in Water Code Section 12585.7(d)(4).
(6) ”State Facilities Objective” means the objective described in Water Code Section 12585.7(d)(5).
(p) “Open Space” is any parcel or area of land or water that is essentially unimproved and restricted to an open-space use. Open Space must be designated as one of the following:
(1) Open space for the preservation of natural resources;
(2) Open space used for the managed production of resources, including but not limited to, forest lands, rangeland, agricultural lands;
(3) Open space for outdoor recreation; and
(4) Open space for public health and safety, including, but not limited to, flood plains, watersheds, and areas required for the protection of water quality or groundwater recharge.
(q) “Project” means a flood management project receiving financial assistance under Chapters 1 through 4, Part 6, Division 6 of the California Water Code and authorized by the Legislature on or after January 1, 2002, or a small flood management project authorized by Water Code Section 12750 for which the Department of Water Resources has made the findings required by Water Code Section 12750.1 on or after January 1, 2002.
(r) “Report to the Legislature” is a report prepared by the Department or Board that contains a summary of the Sponsor's Final Nonfederal Cost-Sharing Report, recommendations and determinations required in Water Code Sections 12582.7 and 12585.9, and the Department or Board's recommended State Cost-Share.
(s) “Sponsor” means the local public agency or lead local public agency sharing in the nonfederal Project cost.
(t) “State Cost-Share” means the percentage of the nonfederal costs that the State is required to pay pursuant to Water Code Section 12585.7.
(u) “State Facility” means either a State Transportation Facility or a State Water Supply Facility.
(v) “State Transportation Facility” is a state-numbered freeway, expressway, or highway route as identified in Division 1, Chapter 2, Article 2 of the California Streets and Highways Code, including facilities for the transportation of passengers and property to and over any toll bridge, tube or other highway crossing and the approaches to each end thereof, acquired or constructed, or in course of construction by the State. Where a freeway, expressway or highway is labeled with more than one numerical designation, it shall be considered a single State Transportation Facility.
In addition, a State Transportation Facility is a rail line or ship channel if the State has a substantial ownership interest in stationary facilities located within the Benefited Area that are closely associated with the rail line or ship channel and the facilities would be adversely affected by flooding in the Benefited Area. Mere state ownership of land, including submerged land, is not enough to establish that the State has a substantial ownership interest.
(w) “State Water Supply Facility” is a State Water Supply Facility listed in Appendix I, “Water Supply Facilities of the State Water Project.”
(x) “Total Capital Cost” means the total Project cost as identified in the final project partnership agreement, final design memorandum or other approved federal Project document. It includes all costs in the federal Project subject to cost-sharing, such as construction, planning, engineering and design, construction management, lands, easements, relocations, and land disposal and mitigation costs.
(y) “Tract” means the census derived geographic subdivisions of a county.
NOTE
Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Sections 12582.7, 12585.7, 12750, 12750.1 and 79505.5, Water Code; Section 65560, Government Code; and Division 1, Chapter 2, Article 2, Streets and Highways Code.
HISTORY
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section and Note filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
§572. Process to Determine Project Eligibility and State Cost Share.
Note • History
The Department or Board shall use the following process to determine Project eligibility for State Cost-Sharing:
(a) As soon as practical, a Sponsor shall notify the Department or Board in writing when it intends to participate in a federal feasibility study that would result in a request for state cost-sharing for a flood damage reduction project. The Department will need to be notified for a Project that is in California but not on lands along the Sacramento and San Joaquin Rivers and their tributaries and distributaries for which the Board had given assurances to the federal government. Otherwise, the Board will need to be notified for a Project on lands along the Sacramento and San Joaquin Rivers and their tributaries and distributaries for which the Board has indicated an intent to give assurances to the federal government or will provide financial assistance under Water Code Section 12582.7. Following the notification and throughout the course of the study, contingent upon the appropriation of sufficient funds, the Department or Board staff shall review the initial scoping process, feasibility evaluation, environmental review, and Project approval process to inform the Sponsor when the opportunities for including multipurpose Objectives in the project have been adequately evaluated. While developing recommendations regarding the State Cost-Share, the Department or Board may consult with the Sponsor, any person or organization, local agencies, and state agencies with an interest in or jurisdiction over any of the objectives of the Project.
(b)(1) During the preparation of the Federal Feasibility Study Report, the Department or Board staff shall attend a site inspection tour of the Project arranged by the Sponsor. If the Project is past the feasibility phase, then the Sponsor shall arrange for this tour as soon as reasonably possible. The Sponsor shall invite interested local and state agencies, organizations and persons, including the general public, by providing written or other reasonable notifications and publication at least ten calendar days before the tour. The Sponsor shall give a field and informational tour of the Project and discuss opportunities to include multipurpose Objective.
(2) During the feasibility evaluation, the Department or Board shall provide the Sponsor with a written preliminary determination of eligibility for State participation based on the requirements set forth in Water Code Section 12582.7(a), and an estimate of the percent of the State Cost-Share.
(c) Once the Project is federally authorized, the Sponsor will prepare and submit a Draft Nonfederal Cost-Sharing Report to the Department or Board. This report must document the effect of the Project's nonfederal capital contributions to the multipurpose Objectives using the methods set forth in Sections 573 and 574, and estimate the cost to the State for the State's share of the Nonfederal Capital Costs of the Project. The Sponsor shall submit:
(1) For each Objective, the level of the Project's contribution and substantiating data listed in Sections 573 and 574.
(2) Substantiating data to demonstrate whether the Project meets the requirements set forth in Water Code Sections 12582.7(a) and 12585.9 including the mitigation of individual and cumulative hydraulic impacts.
(3) Supporting documentation including but not limited to Federal Feasibility Study Report and environmental documents.
(d) The Department or Board will review the Draft Nonfederal Cost-Sharing Report for completeness and accuracy, and, if necessary, return it to the Sponsor for revisions based upon comments and recommendations of the Department or Board. The Department or Board must notify the Sponsor in writing upon determination that the Draft Nonfederal Cost-Sharing Report meets the requirements set forth in Water Code Section 12582.7(a).
(e) Within thirty days of notification that the Draft Nonfederal Cost-Sharing Report meets the requirements set forth in Water Code Section 12582.7(a), the Sponsor must post the report on the Sponsor's website and circulate the Draft Nonfederal Cost-Sharing Report to interested persons and organizations, and will allow written comments for forty-five days.
(f) The Sponsor will submit a Final Nonfederal Cost-Sharing Report to the Department or Board.
(g) The Department or Board will recommend a State Cost-Share.
(1) If a Sponsor includes work within the Project scope for which the State is providing or has previously provided a State cost-share under any program administered by the State, costs associated with the work for which the State is providing or has previously provided a cost-share shall be deducted from the Total Capital Costs and the Nonfederal Capital Cost to determine the the portion of the costs eligible for a State Cost-Share in accordance with these regulations.
(2) If the Department or Board finds the Project will meet none of the Objectives described in Water Code Sections 12585.7(d)(1) through 12585.7(d)(5), the Department or Board will recommend that the State Cost-Share will be 50 percent.
(3) If the Department or Board recommends an increased State Cost-Share because the Project qualifies for the Disadvantaged Area Objective or State Facilities Objective, the recommendation shall be based on information that is available at the time the recommendation is made. The Department or Board may update this recommendation to reflect new information up until the time the Legislature authorizes the Project and establishes the State Cost-Share.
(4) If the Department or Board recommends an increased State Cost-Share because the Project is expected to qualify for the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective, the recommendation shall be based on the plans provided for attainment of these Objectives at the time the recommendation is made. As a part of its recommendation to the Legislature, the Department or Board may recommend that the Legislature authorize the Department or Board to make adjustments to the State Cost-Share if there is a difference between the planned and actual expenditures made toward the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective in accordance with Section 576(b). If the Legislature authorizes the Department or Board to make adjustments, any adjustment made shall be reported to the fiscal committees and the appropriate policy committees of the Legislature as an amendment to the Report to the Legislature.
(h) The Department or Board will submit a Report to the Legislature except in the case of small flood management projects authorized pursuant to Water Code section 12750.
(i) The Legislature will determine the final state cost share except in the case of small flood management projects authorized pursuant to Water Code section 12750.
NOTE
Authority cited: Sections 12582.7, 12585.7, 12585.9, 12601 and 12750, Water Code. Reference: Sections 12582.7, 12585.7 and 12750, Water Code.
HISTORY
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section and Note filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
§573. Contents of Draft Nonfederal Cost-Sharing Report.
Note • History
The Draft Nonfederal Cost-Sharing Report shall contain the following substantiating information taken from the Federal Feasibility Study Report and other supporting documents:
(a) A description of the Project.
(b) The Project's proposed contribution for each of the multipurpose Objectives:
(1) For the Habitat Objective:
(A) A narrative description of the elements of the Project that contribute to the Habitat Objective and the types of habitat that are created, protected or enhanced by this Project; and
(B) The method of calculating the percentage of the estimated Nonfederal Capital Costs that contribute to the Habitat Objective.
(2) For the Open Space Objective:
(A) A narrative description of the elements of the Project that contribute to the Open Space Objective; and
(B) The method of calculating the percentage of estimated Nonfederal Capital Costs that contribute to the Open Space Objective.
(3) For the Recreation Objective:
(A) A narrative description of the elements of the Project that contribute to the Recreation Objective;
(B) The method used to calculate the accessible and inaccessible areas of Project works, and the method of determining any areas withdrawn from public access because such access would constitute a threat to public safety or habitat, or would constitute a trespass on private property; and
(C) The method of calculating the percentage of the estimated Nonfederal Capital Costs that contribute to the Recreation Objective.
(4) For the Combination Objective:
(A) A narrative description of the elements of the Project that contribute to the Combination Objective; and
(B) The rationale used in determining the Project's contribution towards the Combination Objective.
(5) For the Disadvantaged Area Objective:
(A) A narrative description of the elements of the Project that contribute to the Disadvantaged Area Objective; and
(B) The rationale used in determining the Project's contribution towards the Disadvantaged Area Objective.
1. The method used to calculate the Project's contribution towards the Disadvantaged Area Objective. Provide detailed calculations regarding the increased level of flood protection for the Benefited Area, the Benefited Area Median Annual Household Income and Disadvantaged Area determination.
2. The source documentation used to evaluate the potential contribution, including publication and compilation dates. The latest U.S. Census Bureau data is the preferred choice of data source. All data that is used for evaluation must be applicable to the most recent data available, originate from reliable sources and have details given down to the census geographic unit (for example, Block Group, Tract, city, county, etc.).
3. A map of the Benefited Area clearly showing identified boundaries of flood protection levels and census Blocks, Block Groups, and Tracts. Blocks chosen for evaluation must lie at least fifty percent within the Benefited Area.
(6) For the State Facilities Objective:
(A) A narrative description of the State Water Supply Facilities and State Transportation Facilities receiving an increase in flood protection from this Project; and
(B) The rationale used in determining the Project's contribution towards the State Facilities Objective.
1. The method used to calculate the Project's contribution towards the State Facilities Objective. Provide specific details regarding flood protection improvement and the effect upon State Water Supply Facilities and State Transportation Facilities.
2. A map of the Benefited Area clearly showing identified boundaries of flood protection levels and State Water Supply Facilities and State Transportation Facilities.
(c) The following estimated costs:
(1) Total Capital Cost;
(2) The nonfederal share of the Total Capital Cost;
(3) The Nonfederal Capital Costs of fish, wildlife, and recreation mitigation;
(4) The nonfederal planning and engineering costs;
(5) The total annual value of the benefit of providing flood protection; and
(6) The annual benefit and cost of the Project allocable to flood management.
(d) The Sponsor's estimated share of the capital cost of the Project towards each of the five multipurpose Objectives (Water Code Sections 12585.7(d)(1) through (d)(5)).
NOTE
Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Sections 12582.7 and 12585.7, Water Code.
HISTORY
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
§574. Method to Determine a Significant Contribution of a Project to the Objectives.
Note • History
(a) The Draft Nonfederal Cost-Sharing Report will be reviewed by an interdisciplinary Department or Board team comprised of one or more technical experts in the areas of flood management and Habitat, Open Space, and/or Recreation. After the technical review, the evaluation team will provide a narrative explanation for the Project's total contribution level and the percentages of Nonfederal Capital Costs assigned to each of the multipurpose Objectives. The method of calculating the total recommended State Cost-Share is provided in Section 575.
(b) The threshold for significant contributions for the Open Space, Habitat, and Recreation Objectives is met when a minimum of five percent of the Nonfederal Capital Costs are spent for meeting an Objective. A Project with less than five percent of the Nonfederal Capital Costs allocated to the Open Space, Habitat, or Recreation Objective does not meet the criteria for a significant contribution toward attainment of these Objectives, but contributions may be counted toward the Combination Objective.
(c) A Project provides a significant contribution to the Disadvantaged Area Objective by increasing the level of flood protection by at least ten percent to a Benefited Area that has a median annual household income of less than 80 percent of the California Median Annual Household Income.
(d) A Project provides a significant contribution to the State Facilities Objective by increasing the level of flood protection by at least ten percent to State Water Supply Facilities or State Transportation Facilities.
(e) The Department or Board will use the following criteria to determine the costs associated with meeting the level of contribution for each of the multipurpose Project Objectives:
(1) Habitat Objective. A significant contribution for the Habitat Objective requires that at least five percent of the Project's estimated Nonfederal Capital Costs are contributed towards protecting, creating, enhancing, or providing opportunities for enhancing endangered species, riparian, aquatic, terrestrial, or other important habitats. These habitat improvements must achieve any of the following objectives beyond what is required for the Project or mitigation:
(A) Promote recovery of at-risk native fish, vegetation or wildlife species;
(B) Improve ecological functions of aquatic and/or terrestrial habitats to support sustainable populations of diverse fish, vegetation, and wildlife species;
(C) Improve conditions for upstream migration, spawning, egg incubation, emergence, rearing and emigration of priority fish species through adjustment of river flows and temperature;
(D) Cause increases in early lifestage survival for priority fish species;
(E) Improve fish passage through modification or removal of barriers;
(F) Influence geomorphic processes within the floodplain in a manner that improves habitat or reduces the potential for fish stranding;
(G) Enhance natural processes to support, with minimal human intervention, natural habitats that support native species;
(H) Remove and/or prevent the establishment of non-native species; or
(I) Provide other important habitat restoration opportunities.
(2) Open Space Objective. A significant contribution for the Open Space Objective requires that at least five percent of the Project's estimated Nonfederal Capital Costs are contributed towards the acquisition and preservation of Open Space beyond what is required for the Project or mitigation. Such lands may be acquired in fee and are subject to restrictions, such as Open Space or conservation easements that permanently restrict the land to Open Space uses and secures the rights necessary for flood management operations and maintenance.
(3) Recreation Objective. A significant contribution for the Recreation Objective requires that at least five percent of the Project's estimated Nonfederal Capital Costs are contributed towards recreational improvements, such as picnic areas and foot and bike paths, and provides public access to all or nearly all of the Project Works, except those areas where public access would constitute a threat to public safety or habitat or would constitute a trespass on private property. These recreation improvements shall achieve any of the following objectives beyond what is required for the Project or mitigation:
(A) Develop and maintain trails for pedestrians, bicycles, and/or equestrians;
(B) Modify the operation of flood control facilities to increase the diversity and duration of recreational opportunities;
(C) Enhance the condition and quality of existing recreational facilities;
(D) Provide facilities for rafting, canoeing, boating, fishing, viewing wildlife, swimming or other water-dependent activities;
(E) Provide interpretive facilities and services that enhance visitor appreciation of natural, historical, and cultural resources;
(F) Relocate major trails to avoid flooding so that they may remain open all year;
(G) Enhance public beach areas;
(H) Provide linkage between recreational areas; or
(I) Provide other important public recreation opportunities.
(4) Disadvantaged Area Objective. A significant contribution for the Disadvantaged Area Objective requires that: (1) the Benefited Area receives at least a ten percent increase in flood protection and (2) the Benefited Area Median Annual Household Income is less than 80 percent of the California Median Annual Household Income. The increase in flood protection will be determined from either the Federal Feasibility Study Report or other supplemental information as deemed appropriate by the Department or Board. The following steps will be used to determine if the median annual household income is less than 80 percent of the California Median Annual Household Income:
(A) The Benefited Area will be evaluated to determine the applicable census geographic unit (for example, Block Group, Tract, city, county, etc.).
(B) For a single census geographic unit, the median annual household income will be obtained from the U.S. Census Bureau website. For a Benefited Area larger than a single census geographic unit or smaller than a Block Group, the median annual household income may be determined by a special tabulation prepared by the U.S. Census Bureau upon request and payment of a fee.
(C) The median annual household income of the Benefited Area will be compared to 80 percent of the California Median Annual Household Income.
(D) The median annual household income of the Benefited Area must be less than 80 percent of the California Median Annual Household Income.
The exact amount of the increase in the State Cost-Share will depend upon the degree to which the Benefited Area is economically disadvantaged. The enhancement is equal to the difference between the Benefited Area Median Annual Household Income and the Disadvantaged Household Income, measured as percentages of the California Median Annual Household Income (rounded to the nearest whole percentage point). During its review of the Draft Cost-Sharing Report, the Department or Board will review and may revise this estimate to better match the Benefited Area's geographic boundaries and update it for current conditions using data provided by a vendor to be selected by the Department or Board.
The Sponsor may propose an alternative calculation method for the Disadvantaged Area Objective. Any such proposed alternative calculation method must use data equivalent to the U.S. Census Bureau data and be used or reviewed by the Department or Board prior to any Department or Board determinations.
(5) State Facilities Objective. A significant contribution for the State Facilities Objective requires that State Transportation Facilities or State Water Supply Facilities receive at least a ten percent increase in flood protection. The increase in flood protection will be determined from either the Federal Feasibility Study Report or other supplemental information as deemed appropriate by the Department or Board.
(6) Combination Objective. The Sponsor will be entitled to an increase in the State Cost-Share of the Project for significant contributions to the Habitat Objective, Open Space Objective, and Recreation Objective based upon a combination of investments toward each Objective.
NOTE
Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Section 12585.7, Water Code.
HISTORY
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
§575. Method for Determining Recommended State Cost-Share.
Note • History
For a Project subject to Water Code Sections 12582.7, 12585.7, and 12585.9, the recommended State Cost-Share is a baseline fifty percent for features of the Project necessary for flood control, which are those associated with the separable flood damage reduction costs. The recommended State Cost-Share shall be increased above the baseline State Cost-Share for each recommended percentage increase for the Objectives, up to a maximum total of seventy percent. The costs must be in addition to any costs that could have been classified as Project costs because they were required to mitigate the Project's effects on the environment under the California Environmental Quality Act, the National Environmental Policy Act, the Clean Water Act, the Federal Endangered Species Act, the California Endangered Species Act, or other environmental laws. Costs that establish eligibility for meeting an Objective can only be counted toward one Objective, so, for instance, costs of meeting the Open Space Objective cannot also be counted as costs of meeting the Habitat Objective. Costs that are insufficient to establish eligibility for meeting the Habitat Objective, Open Space Objective, or Recreation Objective or exceed the five, ten, or fifteen percent thresholds for these Objectives may be counted toward the Combination Objective. The recommended percentage increases will be:
(a) Zero percent, if no Objectives are met;
(b) Five percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when at least five percent and less than ten percent of the estimated Nonfederal Capital Cost are spent for meeting an Objective;
(c) Ten percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when the percent of the estimated Nonfederal Capital Cost spent for meeting an Objective is at least ten percent and less than fifteen percent;
(d) Fifteen percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when the percent of the estimated Nonfederal Capital Cost spent for meeting an Objective is at least fifteen percent and less than twenty percent;
(e) Twenty percent for each significant contribution toward the Habitat Objective, Open Space Objective, or Recreation Objective when the percent of the estimated Nonfederal Capital Cost spent for meeting an Objective is at least twenty percent;
(f) Five percent if at least five percent but less than ten percent of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(g) Ten percent if at least ten percent but less than fifteen percent of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(h) Fifteen percent if at least fifteen percent but less than twenty percent of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(i) Twenty percent if twenty percent or more of the estimated Nonfederal Capital Cost funds a combination of habitat improvements, acquisition and preservation of Open Space, and recreation improvements;
(j) Up to twenty percent for a significant contribution to the Disadvantaged Area Objective;
(k) Five percent for a significant contribution to the State Facilities Objective by benefiting one State Facility;
(l) Ten percent for a significant contribution to the State Facilities Objective by benefiting two State Facilities;
(m) Fifteen percent for a significant contribution to the State Facilities Objective by benefiting three State Facilities;
(n) Twenty percent for a significant contribution to the State Facilities Objective by benefiting four or more State Facilities.
NOTE
Authority cited: Sections 12585.7 and 12601, Water Code. Reference: Section 12585.7, Water Code.
HISTORY
1. New section filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
§576. Finality of Authorized State Cost-Share; Adjustment.
Note • History
The State Cost-Share authorized by the approving authority will be the final value, except in the circumstances described below.
(a) Adjustments Due to Change of Project or Estimate of Nonfederal Capital Cost. If the Department or Board determines that there has been a substantial change in the Project, which would materially alter the scope or function of a Project, or the estimated Total Project Cost has changed by thirty percent or more, the contributions to the Objectives and the recommended State Cost-Share must be recalculated using the methods described in Sections 574 and 575.
(1) If the resulting recommended state cost share is different than the previously authorized state cost share, the Department or Board will submit the revised information to the approving authority as an addendum to the report as required by Water Code Section 12582.7(b). The addendum must include all the items required in Section 573(b).
(2) If a new State Cost-Share is authorized that is less than the previously authorized State Cost-Share, then the new State Cost-Share will apply, and the Department or the Board may seek a refund of Project reimbursements made or withhold further reimbursements until the revised contribution percentage is achieved.
(3) If a new State Cost-Share is authorized that is more than the previously authorized State Cost-Share, then the new State Cost-Share will apply and the Department or Board shall pay additional costs authorized as funds may be available.
(b) Adjustments Due to Differences Between Planned and Actual Attainment of Supplemental Objectives.
If the Report to the Legislature provided pursuant to Section 572(h) contains an increased State Cost-Share because the Project includes plans for attainment of the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective, the Department or Board shall include a recommendation that the Department or Board be given authority to make adjustments to the State's Cost-Share in the event that there is a difference between the planned and actual expenditures made toward attainment of these Objectives. If the Legislature gives the Department or Board authority to make adjustments, the final State Cost-Share will be established at the Project completion/closeout, or any final audit, if any. The State Cost-Share towards these enhancements will be based on the final contribution to each Objective made by the Sponsor. Adjustments to the State's Cost-Share will be reported to the Legislature, as provided for in Section 572(g)(4).
(c) Adjustments for Small Flood Management Projects
For small flood management projects authorized by Section 12750, the Department shall determine the State's Cost-Share and the Department may adjust the State's Cost-Share if there are changes to the Project or differences between planned and actual expenditures toward the Habitat Objective, Open Space Objective, Recreation Objective, or Combination Objective.
NOTE
Authority cited: Sections 12582.7, 12585.7 and 12601, Water Code. Reference: Sections 12585.7 and 12750, Water Code.
HISTORY
1. New section and Appendix I filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41).
2. Amendment of section heading, section and Note and amendment of Appendix I filed 7-5-2012; operative 8-4-2012 (Register 2012, No. 27).
Appendix I Water Supply Facilities of the State Water Project
Part A. Aqueducts of the State Water Project, including joint use facilities:
Embedded Graphic 23.0049
Part B. Hydroelectric or pumping plants of the State Water Project:
Embedded Graphic 23.0050
Part C. Reservoirs or dams of the State Water Project:
Embedded Graphic 23.0051
Part D. Other water supply facilities of the State Water Project:
Embedded Graphic 23.0052
Chapter 5. Department of Water Resources--Conflict of Interest Code
Note • History
NOTE: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:
DEPARTMENT OF WATER RESOURCES
1416 NINTH STREET
SACRAMENTO, CALIFORNIA 95814
FAIR POLITICAL PRACTICES COMMISSION
1100 “K” STREET
SACRAMENTO, CALIFORNIA 95814
ARCHIVES
SECRETARY OF STATE
1020 “O” STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designed as Chapter 5 of Division 2 of ±Title 23 of the California Code of Regulations, and consists of sections numbered and titled as follows:
Chapter 5. Department of Water Resources--
Conflict of Interest Code
Section
595. General Provisions
Appendix
NOTE
Authority cited: Sections 87300, and 87306, Government Code. Reference: Sections 87300-87302 and 87306, Government Code.
HISTORY
1. New subchapter 4 (articles 1-5, sections 700-760, not consecutive) filed 7-13-77; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 4-21-77 (Register 77, No. 29).
2. Renumbering of subchapter 4 (articles 1-5: sections 700-760, not consecutive) to subchapter 4 (sections 595-599, not consecutive) filed 1-25--79; effective thirtieth day thereafter (Register 79, No. 4).
3. New section 595.3, amendment of sections 596.5 (a)(2) and (b)(2), 596.9 (a)(2), 596.10(b), and new Appendices A-G filed 3-9-79; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-3-79 (Register 79, No. 10).
4. Repealer of subchapter 4 (articles 1-5, sections 595-599 and Appendices A-G) and new subchapter 4 (section 595 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
5. Amendment of section filed 9-20-90; operative 10-20-90 (Register 90, No. 46).
6. Amendment filed 3-20-92; operative 4-20-92. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 2-3-92 (Register 92, No. 13).
7. Amendment filed 7-11-95; operative 8-10-95. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 4-26-95 (Register 95, No. 28).
8. Amendment of Appendix filed 9-14-98; operative 10-14-98. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 6-30-98 (Register 98, No. 38).
9. Renumbering of former chapter 4 to new chapter 5 filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 6-7-2002 emergency action by operation of Government Code section 11346.1(f) (Register 2002, No. 49).
11. Renumbering of former chapter 4 to new chapter 5 filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
12. Amendment of section and Appendix filed 4-2-2004; operative 5-2-2004. Approved by Fair Political Practices Commission 12-18-2003 (Register 2004, No. 14).
Chapter 5.1. Water Conservation Act of 2009
Article 1. Industrial Process Water Exclusion in the Calculation of Gross Water Use
Note • History
(a) An urban retail water supplier that has a substantial percentage of industrial water use in its service area is eligible to exclude the process water use of existing industrial water customers from the calculation of its gross water use to avoid a disproportionate burden on another customer sector.
(b) The Department of Water Resources will review and assess the implementation of this article and may amend its provisions upon considering the recommendations of the Commercial, Industrial and Institutional task force convened pursuant to section 10608.43 of the Water Code.
(c) This regulation supplements “Methodologies for Calculating Baseline and Compliance Urban Per Capita Water Use for Consistent Implementation of the Water Conservation Act of 2009” February 2011, and the “Provisional Method 4 for Determining Water Use Targets” February 2011, hereby incorporated by reference.
NOTE
Authority cited: Section 10608.20, Water Code. Reference: Sections 10608.20(e), 10608.24(e) and 10608.43, Water Code.
HISTORY
1. New chapter 5.1 (article 1, sections 596-596.6), article 1 (sections 596-596.6) and section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-17-2010 order, including new subsection (c), transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
§596.1. Applicability and Definitions.
Note • History
(a) Sections 596.2 through 596.5 describe criteria and methods whereby an urban retail water supplier may deduct process water use when calculating their gross water use in developing their urban water use targets.
(b) The terms used in this article are defined in this subdivision.
(1) “commercial water user” means a water user that provides or distributes a product or service. Examples include commercial businesses and retail stores, office buildings, restaurants, hotels and motels, laundries, food stores, and car washes.
(2) “disadvantaged community” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income.
(3) “distribution system” means a water conveyance system that delivers water to a residential, commercial, or industrial customer and for public uses such as fire safety where the source of water is either raw or potable water.
(4) “drought emergency” means a water shortage emergency condition that exists when there would be insufficient water for human consumption, sanitation and fire protection, as set forth in California Water Code Section 350-359 and Government Code Section 8550-8551.
(5) “gross water use” means the total volume of water, whether treated or untreated, entering the distribution system of an urban retail water supplier, excluding all of the following:
(A) Recycled water that is delivered within the service area of an urban retail water supplier or its urban wholesale water supplier
(B) The net volume of water that the urban retail water supplier places into long-term storage
(C) The volume of water the urban retail water supplier conveys for use by another urban water supplier
(D) The volume of water delivered for agricultural use, except as otherwise provided in subdivision (f) of Section 10608.24 of the Water Code.
(6) “incidental water use” means water that is used by industry for purposes not related to producing a product or product content or research and development. This includes incidental cooling, air conditioning, heating, landscape irrigation, sanitation, bathrooms, cleaning, food preparation, kitchens, or other water uses not related to the manufacturing of a product or research and development.
(7) “industrial water user” means a manufacturer or processor of materials as defined by the North American Industry Classification System (NAICS) code sectors 31 to 33, inclusive, or an entity that is a water user primarily engaged in research and development. An industrial water user is primarily involved in product manufacturing and processing activities and research and development of products, such as those related to chemicals, food, beverage bottling, paper and allied products, steel, electronics and computers, metal finishing, petroleum refining, and transportation equipment. Data centers dedicated to research and development are considered an industrial water user.
(8) “institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.
(9) “local agency” means any municipality, such as a city or county government or public water agency.
(10) “non-industrial water use” means gross water use minus industrial water use.
(11) “process water” means water used by industrial water users for producing a product or product content, or water used for research and development. Process water includes, but is not limited to; the continuous manufacturing processes, water used for testing, cleaning and maintaining equipment. Water used to cool machinery or buildings used in the manufacturing process or necessary to maintain product quality or chemical characteristics for product manufacturing or control rooms, data centers, laboratories, clean rooms and other industrial facility units that are integral to the manufacturing or research and development process shall be considered process water. Water used in the manufacturing process that is necessary for complying with local, State and federal health and safety laws, and is not incidental water, shall be considered process water. Process water does not include incidental, commercial or institutional water uses.
(12) “recycled water” means water that is used to offset potable demand, including recycled water supplied for direct use and indirect potable reuse that meets the following requirements, where applicable:
(A) For groundwater recharge, including recharge through spreading basins, water supplies that are all of the following:
(i) Metered.
(ii) Developed through planned investment by the urban water supplier or a wastewater treatment agency.
(iii) Treated to a minimum tertiary level.
(iv) Delivered within the service area of an urban retail water supplier or its urban wholesale water supplier that helps an urban retail water supplier meet its urban water use target.
(B) For reservoir augmentation, water supplies that meet the criteria of subdivision (A) and are conveyed through a distribution system constructed specifically for recycled water.
(13) “urban retail water supplier” means a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes.
(14) “Urban Water Management Plan” means a plan prepared pursuant to California Water Code Division 6 Part 2.6. A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities. The components of the plan may vary according to an individual community or area's characteristics and its capabilities to efficiently use and conserve water. The plan shall address measures for residential, commercial, governmental, and industrial water demand management as set forth in Article 2 (commencing with Section 10630) of Chapter 3. In addition, a strategy and time schedule for implementation shall be included in the plan.
NOTE
Authority cited: Section 10608.20, Water Code. Reference: Sections 10608.12, 10608.20 and 10631,Water Code.
HISTORY
1. New section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-17-2010 order transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
§596.2. Criteria for Excluding Industrial Process Water Use from Gross Water Use Calculation.
Note • History
When calculating its gross water use, an urban retail water supplier may elect to exclude up to 100 percent of process water use from its gross water use if any one of the following criteria is met in its service area:
(a) Total industrial water use is equal to or greater than 12 percent of gross water use, or
(b) Total industrial water use is equal to or greater than 15 gallons per capita per day, or
(c) Non-industrial water use is equal to or less than 120 gallons per capita per day if the water supplier has self-certified the sufficiency of its water conservation program with the Department of Water Resources under the provisions of section 10631.5 of the Water Code, or
(d) The population as a whole within the supplier's service area meets the criteria for a disadvantaged community.
NOTE
Authority cited: Section 10608.20, Water Code. Reference: Sections 10608.20 and 10608.24, Water Code.
HISTORY
1. New section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-17-2010 order, including amendment of subsection (d), transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
§596.3. Quantification and Verification of Total Industrial Process and Industrial Incidental Water.
Note • History
The volumes of water uses in Section 596.2 shall be for the same period as urban water suppliers calculate their baseline daily per capita water use and reported in their Urban Water Management Plans.
(a) The volume of process water use shall be verified and separated from incidental water use.
(1) To establish a baseline for determining process water use, urban retail water suppliers shall calculate the process water use over a continuous ten year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
(2) Verification of process water volumes can be accomplished by metering, sub-metering or other means determined suitable and verifiable by the urban retail water supplier and reported in their Urban Water Management Plans and reviewed by the Department of Water Resources.
(b) In cases where the urban retail water supplier provides only a portion of an industrial water user's water supply, the urban retail water supplier shall prorate the volume of process water use excluded from gross water use by considering the average share of the industrial water use that it supplied over a continuous ten year period ending no earlier than December 31, 2004, and no later than December 31, 2010.
The verification of the proportion of industrial water use supplied shall be accomplished through metering, sub-metering, or other means determined suitable and verifiable by the urban water supplier such as audits, historic manufacturing output or suppliers' billing records and as reported in their Urban Water Management Plans.
Example. If an urban water supplier delivered only 60 percent of the average annual water used by an industrial water user, the urban supplier can only use that 60 percent of industrial water in determining if it is eligible to exclude process water from its gross water use; and if it is eligible, it can exclude only 60 percent of the volume of process water used by such industrial water user.
NOTE
Authority cited: Section 10608.20, Water Code. Reference: Sections 10608.20 and 10608.24, Water Code.
HISTORY
1. New section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-17-2010 order, including amendment of first paragraph and subsection (a)(2), transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
§596.4. Existing Industrial Customers.
Note • History
When implementing this article, urban retail water suppliers shall meet the following provisions:
(a) Any ordinance or resolution adopted by an urban retail water supplier after November 10, 2009 shall not require industrial water customers existing as of November 10, 2009 to undertake changes in product formulation, operations, or equipment that would reduce process water use.
(b) An urban retail water supplier may encourage existing industrial customers to utilize water efficiency technologies, methodologies, or practices through the use of financial and technical assistance.
(c) This section shall not limit an ordinance or resolution adopted pursuant to a declaration of drought emergency by an urban retail water supplier.
NOTE
Authority cited: Section 10608.20, Water Code. Reference: Section 10608.26, Water Code.
HISTORY
1. New section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-17-2010 order transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
§596.5. New and Retrofitted Industries.
Note • History
Local agencies and water suppliers shall encourage newly-established and retrofitted industries to adopt industry-specific water conservation practices and technologies where such technologies exist.
NOTE
Authority cited: Section 10608.20, Water Code. Reference: Section 10608.20, Water Code.
HISTORY
1. New section filed 12-17-2010 as an emergency; operative 12-17-2010 (Register 2010, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-15-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-17-2010 order transmitted to OAL 6-3-2011 and filed 7-8-2011 (Register 2011, No. 27).
Article 2. Agricultural Water Measurement
§597. Agricultural Water Measurement.
Note • History
Under the authority included under California Water Code §10608.48(i)(1), the Department of Water Resources (Department) is required to adopt regulations that provide for a range of options that agricultural water suppliers may use or implement to comply with the measurement requirements in paragraph (1) of subdivision (b) of §10608.48.
For reference, §10608.48(b) of the California Water Code states that:
Agricultural water suppliers shall implement all of the following critical efficient management practices:
(1) Measure the volume of water delivered to customers with sufficient accuracy to comply with subdivision (a) of Section 531.10 and to implement paragraph (2).
(2) Adopt a pricing structure for water customers based at least in part on quantity delivered.
For further reference, §531.10(a) of the California Water Code requires that:
(a) An agricultural water supplier shall submit an annual report to the department that summarizes aggregated farm-gate delivery data, on a monthly or bi-monthly basis, using best professional practices.
Notes:
(1) Paragraphs (1) and (2) of §10608.48(b) specify agricultural water suppliers' reporting of aggregated farm-gate water delivery and adopting a volumetric water pricing structure as the purposes of water measurement. However, this article only addresses developing a range of options for water measurement.
(2) Agricultural water suppliers reporting agricultural water deliveries measured under this article shall use the “Agricultural Aggregated Farm - Gate Delivery Reporting Format for Article 2” (Rev. 6-20-12), developed for this article and hereby incorporated by reference.
(3) The Department shall report on the availability of new commercially available water measurement technologies and impediments to implementation of this article when reporting to the Legislature the status of adopted Agricultural Water Management Plans in plan submittal years 2012, 2015 and every five years thereafter as required by California Water Code §10845. The Department shall also report the findings to the California Water Commission.
NOTE
Authority cited: Section 10608.48, Water Code. Reference: Sections 531.10, 10608.48(b), 10608.48(i), 10608.52 and 10845, Water Code.
HISTORY
1. New article 2 (sections 597-597.4) and section filed 7-11-2012; operative 7-11-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 28). For prior history of article 2, sections 597-597.4, see Register 2012, No. 6.
Note • History
(a) An agricultural water supplier providing water to 25,000 irrigated acres or more, excluding acres that receive only recycled water, is subject to this article.
(b) A wholesale agricultural water supplier providing water to another agricultural water supplier (the receiving water supplier) for ultimate resale to customers is subject to this article at the location at which control of the water is transferred to the receiving water supplier. However, the wholesale agricultural water supplier is not required to measure the receiving agricultural water supplier's deliveries to its customers.
(c) A water supplier providing water to wildlife refuges or habitat lands where (1) the refuges or habitat lands are under a contractual relationship with the water supplier, and (2) the water supplier meets the irrigated acreage criteria of Water Code §10608.12(a), is subject to this article.
(d) An agricultural water supplier providing water to less than 10,000 irrigated acres, excluding acres that receive only recycled water, is not subject to this article.
(e) An agricultural water supplier providing water to 10,000 or more irrigated acres but less than 25,000 irrigated acres, excluding acres that receive only recycled water, is not subject to this article unless sufficient funding is provided specifically for that purpose, as stated under Water Code §10853.
(f) A canal authority or other entity that conveys or delivers water through facilities owned by a federal agency is not subject to this article.
(g) Pursuant to Water Code §10608.8(d), an agricultural water supplier “that is a party to the Quantification Settlement Agreement, as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002, during the period within which the Quantification Settlement Agreement remains in effect,” is not subject to this article.
(h) Pursuant to Water Code §10608.12(a), the Department is not subject to this article.
NOTE
Authority cited: Section 10608.48, Water Code. Reference: Sections 10608.12(a), 10608.48(d), 10608.48(f), 10828 and 10853, Water Code.
HISTORY
1. New section filed 7-11-2012; operative 7-11-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 28).
Note • History
(a) For purposes of this article, the terms used are defined in this section.
(1) “Accuracy” means the measured volume relative to the actual volume, expressed as a percent. The percent shall be calculated as 100 x (measured value - actual value) / actual value, where “measured value” is the value indicated by the device or determined through calculations using a measured value by the device, such as flow rate, combined with a duration of flow, and “actual value” is the value as determined through laboratory, design or field testing protocols using best professional practices.
(2) “Agricultural water supplier,” as defined in Water Code §10608.12(a), means a water supplier, either publicly or privately owned, providing water to 10,000 or more irrigated acres, excluding acres that receive only recycled water. “Agricultural water supplier” includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells water for ultimate resale to customers. “Agricultural water supplier” does not include the Department.
(3) “Approved by an engineer” means a California-registered Professional Engineer has reviewed, signed and stamped the plans, design, testing, inspection, and/or documentation report for a measurement device as described in this article.
(4) “Best professional practices” means practices attaining to and maintaining accuracy of measurement and reporting devices and methods described in this article, such as operation and maintenance procedures and practices recommended by measurement device manufacturers, designers, and industry professionals.
(5) “Customer” means the purchaser of water from an agricultural water supplier who has a contractual arrangement with the agricultural water supplier for the service of conveying water to the customer delivery point.
(6) “Delivery point” means the location at which the agricultural water supplier transfers control of delivered water to a customer or group of customers. In most instances, the transfer of control occurs at the farm-gate, which is therefore, a delivery point.
(7) “Existing measurement device,” means a measurement device that was installed in the field prior to the effective date of this article.
(8) “Farm-gate,” as defined in Water Code §531(f), means the point at which water is delivered from the agricultural water supplier's distribution system to each of its customers.
(9) “Irrigated acres,” for purposes of applicability of this article, is calculated as the average of the previous five-year acreage within the agricultural water supplier's service area that has received irrigation water from the agricultural water supplier.
(10) “Manufactured device” means a device that is manufactured by a commercial enterprise, often under exclusive legal rights of the manufacturer, for direct off-the-shelf purchase and installation. Such devices are capable of directly measuring flow rate, velocity, or accumulating the volume of water delivered, without the need for additional components that are built on-site or in-house.
(11) “Measurement device” means a device by which an agricultural water supplier determines the numeric value of flow rate, velocity or volume of the water passing a designated delivery point. A measurement device may be a manufactured device, on-site built device or in-house built device.
(12) “New or replacement measurement device” means a measurement device installed after the effective date of this article.
(13) “Recycled water” is defined in subdivision (n) of §13050 of the Water Code as water that, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur, and is therefore considered a valuable resource.
(14) “Type of device” means a measurement device that is manufactured or built to perform similar functions. For example, rectangular, v-notch, and broad crested weirs are one type of device. Similarly, all submerged orifice gates are considered one type of device.
NOTE
Authority cited: Section 10608.48, Water Code. Reference: Sections 10608.12(a), 10608.12(m), 10608.48 and 10813, Water Code.
HISTORY
1. New section filed 7-11-2012; operative 7-11-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 28).
§597.3. Range of Options for Agricultural Water Measurement.
Note • History
An agricultural water supplier subject to this article shall measure surface water and groundwater that it delivers to its customers pursuant to the accuracy standards in this section. The supplier may choose any applicable single measurement option or combination of options listed in paragraphs (a) or (b) of this section. Measurement device accuracy and operation shall be certified, tested, inspected and/or analyzed as described in §597.4 of this article.
(a) Measurement Options at the Delivery Point or Farm-gate of a Single Customer
An agricultural water supplier shall measure water delivered at the delivery point or farm-gate of a single customer using one of the following measurement options. The stated numerical accuracy for each measurement option is for the volume delivered. If a device measures a value other than volume, for example, flow rate, velocity or water elevation, the accuracy certification must incorporate the measurements or calculations required to convert the measured value to volume as described in §597.4(e).
(1) An existing measurement device shall be certified to be accurate to within +12% by volume.
and,
(2) A new or replacement measurement device shall be certified to be accurate to within:
(A) +5% by volume in the laboratory if using a laboratory certification;
(B) +10% by volume in the field if using a non-laboratory certification.
(b) Measurement Options at a Location Upstream of the Delivery Points or Farm-gates of Multiple Customers
(1) An agricultural water supplier may measure water delivered at a location upstream of the delivery points or farm-gates of multiple customers using one of the measurement options described in §597.3(a) if the downstream individual customer's delivery points meet either of the following conditions:
(A) The agricultural water supplier does not have legal access to the delivery points of individual customers or group of customers needed to install, measure, maintain, operate, and monitor a measurement device.
Or,
(B) An engineer determines that, due to small differentials in water level or large fluctuations in flow rate or velocity that occur during the delivery season at a single farm-gate, accuracy standards of measurement options in §597.3(a) cannot be met by installing a measurement device or devices (manufactured or on-site built or in-house built devices with or without additional components such as gauging rod, water level control structure at the farm-gate, etc.). If conditions change such that the accuracy standards of measurement options in §597.3(a) at the farm-gate can be met, an agricultural water supplier shall include in its Agricultural Water Management Plan, a schedule, budget and finance plan to demonstrate progress to measure water at the farm-gate in compliance with §597.3(a) of this article.
(2) An agricultural water supplier choosing an option under paragraph (b)(1) of this section shall provide the following current documentation in its Agricultural Water Management Plan(s) submitted pursuant to Water Code §10826:
(A) When applicable, to demonstrate lack of legal access at delivery points of individual customers or group of customers downstream of the point of measurement, the agricultural water supplier's legal counsel shall certify to the Department that it does not have legal access to measure water at customers delivery points and that it has sought and been denied access from its customers to measure water at those points.
(B) When applicable, the agricultural water supplier shall document the water measurement device unavailability and that the water level or flow conditions described in §597.3(b)(1)(B) exist at individual customer's delivery points downstream of the point of measurement as approved by an engineer.
(C) The agricultural water supplier shall document all of the following criteria about the methodology it uses to apportion the volume of water delivered to the individual downstream customers:
(i) How it accounts for differences in water use among the individual customers based on but not limited to the duration of water delivery to the individual customers, annual customer water use patterns, irrigated acreage, crops planted, and on-farm irrigation system,
and;
(ii) That it is sufficient for establishing a pricing structure based at least in part on the volume delivered,
and;
(iii) That it was approved by the agricultural water supplier's governing board or body.
NOTE
Authority cited: Section 10608.48, Water Code. Reference: Sections 531.10, 10608.48(i)(1) and 10826, Water Code.
HISTORY
1. New section filed 7-11-2012; operative 7-11-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 28).
§597.4. Accuracy Certification, Records Retention, Device Performance, and Reporting.
Note • History
(a) Initial Certification of Device Accuracy
The accuracy of an existing, new or replacement measurement device or type of device, as required in §597.3, shall be initially certified and documented as follows:
(1) For existing measurement devices, the device accuracy required in section 597.3(a) shall be initially certified and documented by either:
(A) Field-testing that is completed on a random and statistically representative sample of the existing measurement devices as described in §597.4(b)(1) and §597.4(b)(2). Field-testing shall be performed by individuals trained in the use of field-testing equipment, and documented in a report approved by an engineer.
Or,
(B) Field-inspections and analysis completed for every existing measurement device as described in §597.4(b)(3). Field-inspections and analysis shall be performed by trained individuals in the use of field inspection and analysis, and documented in a report approved by an engineer.
(2) For new or replacement measurement devices, the device accuracy required in sections 597.3 (a)(2) shall be initially certified and documented by either:
(A) Laboratory Certification prior to installation of a measurement device as documented by the manufacturer or an entity, institution or individual that tested the device following industry-established protocols such as the National Institute for Standards and Testing (NIST) traceability standards. Documentation shall include the manufacturer's literature or the results of laboratory testing of an individual device or type of device.
Or,
(B) Non-Laboratory Certification after the installation of a measurement device in the field, as documented by either:
(i) An affidavit approved by an engineer submitted to the agricultural water supplier of either (1) the design and installation of an individual device at a specified location, or (2) the standardized design and installation for a group of measurement devices for each type of device installed at specified locations.
Or,
(ii) A report submitted to the agricultural water supplier and approved by an engineer documenting the field-testing performed on the installed measurement device or type of device, by individuals trained in the use of field testing equipment.
(b) Protocols for Field-Testing and Field-Inspection and Analysis of Existing Devices
(1) Field-testing shall be performed for a sample of existing measurement devices according to manufacturer's recommendations or design specifications and following best professional practices. It is recommended that the sample size be no less than 10% of existing devices, with a minimum of 5, and not to exceed 100 individual devices for any particular device type. Alternatively, the supplier may develop its own sampling plan using an accepted statistical methodology.
(2) If during the field-testing of existing measurement devices, more than one quarter of the samples for any particular device type do not meet the criteria pursuant to §597.3(a), the agricultural water supplier shall provide in its Agricultural Water Management Plan, a plan to test an additional 10% of its existing devices, with a minimum of 5, but not to exceed an additional 100 individual devices for the particular device type. This second round of field-testing and corrective actions shall be completed within three years of the initial field-testing.
(3) Field-inspections and analysis protocols shall be performed and the results shall be approved by an engineer for every existing measurement device to demonstrate that the design and installation standards used for the installation of existing measurement devices meet the accuracy standards of §597.3(a) and operation and maintenance protocols meet best professional practices.
(c) Records Retention
Records documenting compliance with the requirements in §597.3 and §597.4 shall be maintained by the agricultural water supplier for ten years or two Agricultural Water Management Plan cycles.
(d) Performance Requirements
(1) All measurement devices shall be correctly installed, maintained, operated, inspected, and monitored as described by the manufacturer, the laboratory or the registered Professional Engineer that has signed and stamped certification of the device, and pursuant to best professional practices.
(2) If an installed measurement device no longer meets the accuracy requirements of §597.3(a) based on either field-testing or field-inspections and analysis as defined in sections 597.4 (a) and (b) for either the initial accuracy certification or during operations and maintenance, then the agricultural water supplier shall take appropriate corrective action, including but not limited to, repair or replacement to achieve the requirements of this article.
(e) Reporting in Agricultural Water Management Plans
Agricultural water suppliers shall report the following information in their Agricultural Water Management Plan(s):
(1) Documentation as required to demonstrate compliance with §597.3 (b), as outlined in section §597.3(b)(2), and §597.4(b)(2).
(2) A description of best professional practices about, but not limited to, the (1) collection of water measurement data, (2) frequency of measurements, (3) method for determining irrigated acres, and (4) quality control and quality assurance procedures.
(3) If a water measurement device measures flow rate, velocity or water elevation, and does not report the total volume of water delivered, the agricultural water supplier must document in its Agricultural Water Management Plan how it converted the measured value to volume. The protocols must follow best professional practices and include the following methods for determining volumetric deliveries:
(A) For devices that measure flow-rate, documentation shall describe protocols used to measure the duration of water delivery where volume is derived by the following formula: Volume = flow rate x duration of delivery.
(B) For devices that measure velocity only, the documentation shall describe protocols associated with the measurement of the cross-sectional area of flow and duration of water delivery, where volume is derived by the following formula: Volume = velocity x cross-section flow area x duration of delivery.
(C) For devices that measure water elevation at the device (e.g. flow over a weir or differential elevation on either side of a device), the documentation shall describe protocols associated with the measurement of elevation that was used to derive flow rate at the device. The documentation will also describe the method or formula used to derive volume from the measured elevation value(s).
(4) If an existing water measurement device is determined to be out of compliance with §597.3, and the agricultural water supplier is unable to bring it into compliance before submitting its Agricultural Water Management Plan in December 2012, the agricultural water supplier shall provide in its 2012 plan, a schedule, budget and finance plan for taking corrective action in three years or less.
NOTE
Authority cited: Section 10608.48, Water Code. Reference: Sections 531.10, 10608.48(i)(1) and 10826, Water Code.
HISTORY
1. New section filed 7-11-2012; operative 7-11-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 28).
§600. Draft EIR Procedures. [Renumbered]
History
HISTORY
1. Renumbering from Section 600 to Section 561 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§601. Notice of Completion. [Renumbered]
History
HISTORY
1. Renumbering from Section 601 to Section 562 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§602. Review of Draft EIR. [Renumbered]
History
HISTORY
1. Renumbering from Section 602 to Section 563 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§603. Final EIR Preparation. [Renumbered]
History
HISTORY
1. Renumbering from Section 603 to Section 564 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§604. Processing of Final EIR. [Renumbered]
History
HISTORY
1. Renumbering from Section 604 to Section 565 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§605. Notice of Determination. [Renumbered]
History
HISTORY
1. Renumbering from Section 605 to Section 566 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§606. Final EIR to Local Planning Agencies. [Renumbered]
History
HISTORY
1. Renumbering from Section 606 to Section 567 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
History
HISTORY
1. Renumbering from Section 620 to Section 570 filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§621. Consultation As an Approval Agency. [Renumbered]
History
HISTORY
1. Renumbering from Section 621 to Section 571 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§622. Consultation As a Jurisdictional Agency. [Renumbered]
History
HISTORY
1. Renumbering from Section 622 to Section 572 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§623. Consultation As an Agency with Expertise. [Renumbered]
History
HISTORY
1. Renumbering from Section 623 to Section 573 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§624. Review of Sufficiency. [Renumbered]
History
HISTORY
1. Renumbering from Section 624 to Section 574 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§625. Designation of Contact Person. [Renumbered]
History
HISTORY
1. Renumbering from Section 625 to Section 575 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§630. Categorical Exemptions. [Renumbered]
History
HISTORY
1. Renumbering from Section 630 to Section 580 and amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§649.6. Authority (Conflict of Interest Code). [Renumbered]
History
HISTORY
1. Renumbering of sections within Subchapter 4 from Sections 700-760, not consecutive, to Sections 595-599, not consecutive, filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
Division 3. State Water Resources Control Board
Chapter 1. General Provisions
Article 1. Definitions
Note • History
(a) “Board” when used in this chapter and chapter 1.5, unless otherwise designated, means either the State Water Resources Control Board or any California Regional Water Quality Control Board.
(b) “State Board” when used in this chapter and chapter 1.5 means the State Water Resources Control Board.
(c) “Regional Board” when used in this division means any California Regional Water Quality Control Board.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13203, Water Code.
HISTORY
1. Renumbering of Subchapter 1 (from Sections 600-649, not consecutive, to Subchapter 1, Sections 640-645.9, not consecutive--see Cross Referencing Table preceding Detailed Analysis filed 5-23-79 as procedural and organizational; effective upon filing (Register 79, No. 21).
2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
3. Amendment of division heading and repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
4. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Article 2. Purpose, Use and Effect of Regulations
Note • History
The regulations contained in this chapter are adopted for the purpose of implementing and carrying out provisions of Parts 1, 2, 3, 5 and 5.1 of Division 2, Part 2 of Division 6, Division 7 and Division 7.5 of the Water Code.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 185 and 1058, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
Note • History
NOTE
Authority and reference cited: Section 1058, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Repealer filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
Article 3. Official Records
NOTE
Authority and reference cited: Section 1058, Water Code.
HISTORY
1. Repealer of Article 3 (Sections 642 and 642.1) filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32). For prior history, see Register 60, No. 5.
Article 4. Meeting Notice and Agenda Requirements
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 11125, Government Code.
HISTORY
1. New Article 4 (Sections 620-623) filed 3-8-74; effective thirtieth day thereafter (Register 74, No. 10).
2. Repealer of Article 4 (Sections 643-643.3) filed 12-1-80; effective thirtieth day thereafter (Register 80, No. 49).
Article 5. Conflict of Interest
Note • History
Pursuant to Water Code Section 13388, no person shall be a member of the State Board if he receives or has received during the previous two years a significant portion of his income directly or indirectly from any person subject to waste discharge requirements or an applicant for waste discharge requirements under the provisions of Chapter 5.5, Division 7, California Water Code (NPDES permits).
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 11125, Government Code.
HISTORY
1. New Article 5 (Sections 625-631) filed 5-22-75; effective thirtieth day thereafter (Register 75, No. 21).
§644.1. Regional Water Quality Control Board Membership.
Note • History
Pursuant to Water Code Section 13388, no person shall be a member of a Regional Board if he receives or has received during the previous two years a significant portion of his income directly or indirectly from any person subject to waste discharge requirements or an applicant for waste discharge requirements under the provisions of Chapter 5.5, Division 7, California Water Code (NPDES permits).
NOTE
Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(i), (ii), (iii), (iv) and (c)(2).
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§644.2. Significant Portion of Income.
Note • History
The term “significant portion of his income” shall mean ten percent of gross personal income for a calendar year except that it shall mean 50 percent of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension or similar arrangement.
NOTE
Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(ii).
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§644.3. Persons Subject to Requirements and Applicant.
Note • History
The terms “persons subject to waste discharge requirements” and “applicant for waste discharge requirements” shall apply only to persons regulated under Chapter 5.5, Division 7, California Water Code (NPDES permits) but shall not include any department or agency of the state government including the University of California and the State University and Colleges.
NOTE
Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(iii).
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note • History
The word “income” includes, but is not limited to, retirement benefits, consultant fees, and stock dividends.
NOTE
Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(1)(iv).
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§644.5. Direct or Indirect Income.
Note • History
Income is not received “directly or indirectly” which is derived from mutual fund payments, or from other investments which are so diversified that the recipient does not know the identity of the primary sources of income.
NOTE
Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference: Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(2).
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§644.6. Board Member's Statement of Employment.
Note • History
By July 15, 1975, and by April 30 of each year thereafter, each member of the State Board and each member of a Regional Water Quality Control Board shall file with the Executive Director of the State Board a statement under penalty of perjury containing the following information:
(a) The names of any persons who are applicants for waste discharge requirements, or who are subject to waste discharge requirements, from which the Board member has received any income.
(b) If the total of income from persons listed under (a) is in excess of ten percent of his gross personal income for the current year or for either of the two previous calendar years.
(c) If the Board member is over 60 years of age, whether the total of income from persons listed under (a) from retirement, pension or similar arrangement is in excess of 50 percent of his gross personal income for the current year or for either of the two previous calendar years.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11125, Government Code, Section 13388, Water Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
Article 6. State Water Resources Control Board--Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Section 11409(a), that the printing of the regulations constituting the Conflict of Interest Code is impractical and these regulations being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations:
STATE WATER RESOURCES CONTROL BOARD
PERSONNEL OFFICER
1001 I STREET, 18TH FLOOR
P.O. BOX 100 [95812-0100]
SACRAMENTO, CALIFORNIA, 95814
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 620
SACRAMENTO, CALIFORNIA 95814
ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Article 6, Chapter 1, Division 3 of Title 23 of the California Code of Regulations and consists of sections numbered and titled as follows:
Article 6. State Water Resources Control Board--Conflict of Interest Code
Section
645. General Provisions
Appendix
NOTE
Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300 et seq., Government Code.
HISTORY
1. New article 6 (sections 640-649) filed 2-14-78; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 6-8-77 (Register 78, No. 7).
2. Amendment filed 11-2-79; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 6-5-79 (Register 79, No. 44).
3. Repealer of article 6 (sections 645-645.9) and new article 6 (section 645 and Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-12-81 (Register 81, No. 9).
4. Amendment of Appendix filed 2-24-93; operative 3-26-93. Approved by Fair Political Practices Commission 11-13-92 (Register 93, No. 9).
5. Editorial correction of printing errors updating addresses (Register 94, No. 3).
6. Amendment of addresses and Appendix filed 2-14-94; operative 3-16-94. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 12-28-93 (Register 94, No. 7).
7. Amendment of general provisions, addresses and Appendix filed 1-9-96; operative 2-8-96. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 10-31-95 (Register 96, No. 2).
8. Amendment of Appendix filed 12-9-97; operative 1-8-98. Approved by Fair Political Practices Commission 10-31-97 (Register 97, No. 50).
9. Amendment of Appendix filed 12-31-99; operative 1-30-2000. Approved by Fair Political Practices Commission 11-5-99 (Register 99, No. 53).
10. Amendment of section and Appendix filed 4-17-2002; operative 5-17-2002. Approved by Fair Political Practices Commission 2-8-2002. For prior history of former article 7 (section 645), ``Verification of Alien Eligibility,” see Registers 2000, No. 5; 99, No. 2; 98, No. 37 and 98, No. 20 (Register 2002, No. 16).
11. Change without regulatory effect amending address filed 9-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 39).
12. Amendment of Appendix filed 5-17-2005; operative 6-16-2005. Approved by Fair Political Practices Commission 3-8-2005 (Register 2005, No. 20).
13. Amendment of Appendix filed 5-1-2007; operative 5-31-2007. Approved by Fair Political Practices Commission 2-26-2007 (Register 2007, No. 18).
14. Amendment filed 4-5-2012; operative 5-5-2012. Approved by Fair Political Practices Commission 2-16-2012 (Register 2012, No. 14).
Chapter 1.5. Rules of Practice and Procedure
Article 1. Meetings
Note • History
Provisions of this article are intended to govern procedures of the State Water Resources Control Board (State Board) and the Regional Water Quality Control Board (Regional Boards) in public meetings of the State and Regional Boards. This subchapter is intended to establish minimum requirements of practice and procedure. It is a supplement to the requirements of Article 9 (commencing with Section 11120), Chapter 1, Part 1, Division 3 of the Government Code, also known as the Bagley Act. To the extent that other sections of this chapter establish more detailed and specific procedures, those sections shall apply. Unless otherwise specified, use of the word “Board” in this subchapter shall mean both the State Board and the Regional Boards.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.
HISTORY
1. New Subchapter 1.5 (Articles 1-4, Sections 647-649.6).
Note
State and Regional Boards shall meet at least six times a year. Additional meetings may be held at any time.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.
§647.2. Notice and Agenda Requirements.
Note
(a) Purpose. Government Code Section 11125 requires state agencies to provide notice at least one week in advance of any meeting to any person who requests such notice in writing except that emergency meetings may be held with less than one week's notice when such meetings are necessary to discuss unforeseen emergency conditions as defined by published rule of the agency. The purpose of this section is to establish procedures for compliance with Government Code Section 11125 by the State Board and the Regional Boards.
(b) Contents of Meeting Notice. The notice for all meetings of the State Board and Regional Boards shall specify the date, time and location of the meeting and include an agenda listing all items to be considered. The agenda shall include a description of each item, including any proposed action to be taken.
(c) Time of Notice. Notice shall be given at least one week in advance of the meeting. When the notice is mailed, it shall be placed in the mail at least eight days in advance of the meeting.
(d) Emergency Conditions. The provisions of this section do not apply when an item must be considered or a meeting held because of unforeseen emergency conditions. Unforeseen emergency conditions exist when there have been unexpected circumstances requiring immediate action by the State Board or Regional Boards to regulate the water resources of the state so as to protect the public health, welfare, or safety. It is not necessary that the emergency conditions be such that they could not have been anticipated or prepared for but only that in the normal course of events they would seldom be expected. Notice of such consideration or meeting shall be given by mail, telephone, telegram, or other available means to persons known to be interested in the matter.
(e) Distribution. Notice shall be given to all persons directly affected by proceedings on the agenda and to all persons who request in writing such notice. Notice shall be given to any person known to be interested in proceedings on the agenda.
(f) Uncontested Items Calendar. The agenda may include an item designated “the uncontested items calendar.”
(1) The uncontested items calendar shall include only those matters for which there appears to be no controversy.
(2) At the request of any Board member or other interested person, any matter shall be removed from the uncontested items calendar and may be considered at the same meeting as a separate item of business.
(3) Late revisions and/or corrections to items on the uncontested items calendar shall be specified for inclusion prior to considering a vote on the uncontested items calendar. If such revisions constitute a significant change in the proposed action on any item, action shall be deferred until a later meeting of the Board.
(4) After an opportunity for requests to remove any matters from the uncontested items calendar has been given, a vote shall be taken on the uncontested items calendar. Upon a vote to approve the uncontested items calendar, each matter on the uncontested items calendar shall be approved and shall have the same force and effect as it would have if approved as a separate agenda item.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11125, Government Code.
Note
(a) Any person may submit comments in writing on any agenda item. Any person submitting such comments shall provide the Board with a copy of the comments in advance of the meeting at which it is to be considered. Such comments may be inspected by any interested person.
(b) Persons present shall be given an opportunity to make relevant oral comments on any agenda item; provided, however, that the Chairperson or other presiding member may limit or preclude such comments as necessary for the orderly conduct of business. The provisions of this section are limited to meetings and shall not apply to adjudicatory hearings as defined and provided for in Article 2.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.
§647.4. Recording of Meetings.
Note
(a) State and Regional Board public meetings shall be recorded by stenographic reporter or electronic recording or both. Such recordings shall be available for public review and copying at the appropriate State or Regional Board office.
(b) The cost of copying the record of any meeting shall be borne by the requester. Staffing needs may require that copying be performed at another location by persons other than the staff of the Board.
(c) The recordings shall be retained for the period of time required by applicable law governing the retention of records of state agency public proceedings, or until conclusion of administrative or judicial proceedings, whichever is later.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.
Note
(a) The State and Regional Boards shall keep minutes of their meetings.
(b) Minutes shall be approved by each Board.
(c) Approved minutes shall be the official record of actions taken at any meeting.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 11120, et seq., Government Code.
Article 2. Adjudicative Proceedings
§648. Laws Governing Adjudicative Proceedings.
Note • History
(a) For purposes of this article, “adjudicative proceeding” means an evidentiary hearing for determination of facts pursuant to which the State Board or a Regional Board formulates and issues a decision.
(b) Incorporation of Applicable Statutes. Except as otherwise provided, all adjudicative proceedings before the State Board, the Regional Boards, or hearing officers or panels appointed by any of those Boards shall be governed by these regulations, chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the Government Code), sections 801-805 of the Evidence Code, and section 11513 of the Government Code.
(c) Portions of Administrative Procedure Act Not Applicable. The following articles and sections of chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the Government Code) are specifically not included in the procedures governing the conduct of hearings before the State Board, any of the Regional Boards, or hearing officers or panels appointed by those Boards:
Article 8. Language Assistance (except that the procedures for language assistance shall apply to an adjudicative proceeding pursuant to Article 6 [commencing with section 25299.50] of Chapter 6.75 of Division 20 of the Health and Safety Code)
Article 13. Emergency Decision
Article 14. Declaratory Decision
Article 16. Administrative Adjudication Code of Ethics
Except as provided in subdivision (b) of this section, chapter 5 of the Administrative Procedure Act (commencing with section 11500 of the Government Code) does not apply to hearings before the State Board, any of the Regional Boards, or hearing officers or panels appointed by those Boards.
(d) Waiver of Nonstatutory Requirements. The presiding officer may waive any requirements in these regulations pertaining to the conduct of adjudicative proceedings including but not limited to the introduction of evidence, the order of proceeding, the examination or cross-examination of witnesses, and the presentation of argument, so long as those requirements are not mandated by state or federal statute or by the state or federal constitutions.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Amendment of article 2 heading and repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
3. Amendment of subsection (c) filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
§648.1. Parties and Other Interested Persons.
Note • History
(a) The party or parties to an adjudicative proceeding before the Board shall include the person or persons to whom the agency action is directed and any other person whom the Board determines should be designated as a party. The hearing notice may specify a procedure for designation of the parties to a particular adjudicative proceeding.
(b) In a water right proceeding, the party or parties shall include the water right applicant or petitioner, persons who have filed unresolved protests, persons who have filed unresolved objections to a temporary change petition, persons who have filed an unresolved written complaint with the Board concerning the subject matter of the hearing, and any other persons who are designated as parties in accordance with the procedure specified in the hearing notice.
(c) Persons who fail to comply with the procedural requirements specified in the hearing notice for participation as parties in a proceeding may be dismissed as parties to the proceeding.
(d) The Board or presiding officer may provide an opportunity for presentation of policy statements or comments, either orally or in writing, by interested persons who are not participating as parties in the proceeding. Persons presenting nonevidentiary policy statements will not be subject to cross-examination but may be asked to respond to clarifying questions from the Board, staff, or others, at the discretion of the Board or presiding officer. The criteria and procedures applicable to participation in a Board adjudicative proceeding as an interested person may be established in the hearing notice or by the presiding officer. Interested persons will not normally be required to serve copies of their statements on the parties to the proceeding nor will they normally be allowed to participate in cross-examination. The hearing notice may require that any written policy statements proposed to be submitted to the Board, be submitted prior to the hearing. If the requirement for prior submittal of policy statements applies to persons who address the Board or a subcommittee of the Board at a meeting subject to the Bagley-Keene Open Meeting Act (article 9 [commencing with section 11110] of chapter 1 of article 1 of division 3 of title 2 of the Government Code), the requirement should be included in the notice of the meeting. Interested persons are not entitled to receive service of exhibits, testimony, or other documents served on the parties to the proceeding unless specifically so provided in the hearing notice or by the presiding officer.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263, and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Note • History
The Board or presiding officer may take official notice of such facts as may be judicially noticed by the courts of this state. Upon notice to the parties, official notice may also be taken of any generally accepted technical or scientific matter within the Board's field of expertise, provided parties appearing at the hearing shall be informed of the matters to be noticed. The Board or presiding officer shall specify the matters of which official notice is to be taken. Parties shall be given a reasonable opportunity on request to refute officially noticed technical or scientific matters in a manner to be determined by the Board or presiding officer.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§648.3. Evidence by Reference.
Note • History
Public records of the Board that are relevant to the subject of the hearing, and books, reports, and other evidence that have been prepared and published by a public agency, if otherwise admissible, may in the discretion of the Board be received in evidence as exhibits by reference without the necessity of supplying copies to the Board and other parties, provided the original or a copy is in the possession of the Board and the specific file folder or other exact location where it can be found is identified. The party offering an exhibit by reference shall designate the particular portions on which the party relies. Each exhibit shall be appropriately identified and designated in the record as an exhibit of the party offering the exhibit or an exhibit of Board staff.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§648.4. Identification of Witnesses; Presubmission and Presentation of Testimony and Exhibits.
Note • History
(a) It is the policy of the State and Regional Boards to discourage the introduction of surprise testimony and exhibits.
(b) The hearing notice may require that all parties intending to present evidence at a hearing shall submit the following information to the Board prior to the hearing: the name of each witness whom the party intends to call at the hearing, the subject of each witness' proposed testimony, the estimated time required by the witness to present direct testimony, and the qualifications of each expert witness. The required information shall be submitted in accordance with the procedure specified in the hearing notice.
(c) The hearing notice may require that direct testimony be submitted in writing prior to the hearing. Copies of written testimony and exhibits shall be submitted to the Board and to other parties designated by the Board in accordance with provisions of the hearing notice or other written instructions provided by the Board. The hearing notice may require multiple copies of written testimony and other exhibits for use by the Board and Board staff. Copies of general vicinity maps or large, nontechnical photographs generally will not be required to be submitted prior to the hearing.
(d) Any witness providing written testimony shall appear at the hearing and affirm that the written testimony is true and correct. Written testimony shall not be read into the record unless allowed by the presiding officer.
(e) Where any of the provisions of this section have not been complied with, the presiding officer may refuse to admit the proposed testimony or the proposed exhibit into evidence, and shall refuse to do so where there is a showing of prejudice to any party or the Board. This rule may be modified where a party demonstrates that compliance would create severe hardship.
(f) Rebuttal testimony generally will not be required to be submitted in writing, nor will rebuttal testimony and exhibits be required to be submitted prior to the start of the hearing.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Note • History
(a) Adjudicative proceedings shall be conducted in a manner as the Board deems most suitable to the particular case with a view toward securing relevant information expeditiously without unnecessary delay and expense to the parties and to the Board. Adjudicative proceedings generally will be conducted in the following order except that the chairperson or presiding officer may modify the order for good cause:
(1) An opening statement by the chairperson, presiding member, or hearing officer, summarizing the subject matter and purpose of the hearing;
(2) Identification of all persons wishing to participate in the hearing;
(3) Administration of oath to persons who intend to testify;
(4) Presentation of any exhibits by staff of the State or Regional Board who are assisting the Board or presiding officer;
(5) Presentation of evidence by the parties;
(6) Cross-examination of parties' witnesses by other parties and by Board staff assisting the Board or presiding officer with the hearing;
(7) Any permitted redirect and recross-examination;
(b) Questions from Board members or Board counsel to any party or witness, and procedural motions by any party shall be in order at any time. Redirect and recross-examination may be permitted.
(c) If the Board or the presiding officer has determined that policy statements may be presented during a particular adjudicative proceeding, the presiding officer shall determine an appropriate time for presentation of policy statements.
(d) After conclusion of the presentation of evidence, all parties appearing at the hearing may be allowed to present a closing statement.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11126, Government Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Note • History
Adjudicative proceedings will be conducted in accordance with the provisions and rules of evidence set forth in Government Code section 11513. Hearsay evidence is admissible subject to the provisions of Government Code section 11513.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. New section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§648.6. Alternative Dispute Resolution.
Note • History
Pursuant to article 5, commencing with section 11420.10, of chapter 4.5 of the Administrative Procedure Act, the State Board or any Regional Board may refer a dispute in a proceeding before it to mediation or nonbinding arbitration to resolve any adjudicative issues pending before it. Under no circumstances may any Board refer an issue to arbitration that is binding upon it with respect to adjudicative issues pending before that Board.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11420.10, Government Code; and Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Note • History
Unless the hearing notice specifies otherwise, the presiding officer shall have the discretion to determine whether a matter will be heard pursuant to the informal hearing procedures set forth in article 10, commencing with section 11445.20, of chapter 4.5 of the Administrative Procedure Act.
Among the factors that should be considered in making this determination are:
The number of parties,
The number and nature of the written comments received,
The number of interested persons wishing to present oral comments at the hearing,
The complexity and significance of the issues involved, and
The need to create a record in the matter.
An objection by a party, either in writing or at the time of the hearing, to the decision to hold an informal hearing shall be resolved by the presiding officer before going ahead under the informal procedure. Failure to make a timely objection to the use of informal hearing procedures before those procedures are used will constitute consent to an informal hearing. A matter shall not be heard pursuant to an informal hearing procedure over timely objection by the person to whom agency action is directed unless an informal hearing is authorized under subdivision (a), (b), or (d) of section 11445.20 of the Government Code.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§648.8. Enforcement Orders and Sanctions.
Note • History
(a) The presiding officer or Board shall have the power to impose sanctions as specified in Sections 11455.10 and 11455.30 of the Government Code.
(b) If the Board cites a person for contempt for any of the actions listed in Section 11455.10 of the Government Code, then the matter shall be certified to the superior court for contempt proceedings without further review by the Board. If the Board orders payment of costs pursuant to Section 11455.30 of the Government Code, then the order is effective upon issuance.
(c) Board Review of Enforcement Orders and Sanctions Imposed by Hearing Officers and Hearing Panels.
(1) If the presiding officer is a Board member or other hearing officer or hearing panel authorized by the Board to conduct the hearing, a citation for contempt issued pursuant to Section 11455.10 of the Government Code or an order for payment of costs issued pursuant to Section 11455.30 of the Government Code is subject to review by the Board as provided in this subdivision.
(2) The person or persons subject to the citation or order may request a hearing before the Board within 10 days of entry of the citation or order. The hearing will take place at the next regularly scheduled meeting of that Board, subject to the limitations of the Bagley-Keene Open Meeting Act (Article 9 [commencing with Section 11120] of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). If the Board determines that the actions listed in Section 11455.10 of the Government Code occurred, then the matter shall be certified to the superior court for contempt proceedings. The Board may affirm, set aside, or modify as appropriate an order entered to pay reasonable expenses pursuant to the provisions of Section 11455.30 of the Government Code.
(3) If the person or persons subject to a citation or order fails to request a hearing before the Board within 10 days of entry of the citation or order, then the citation or order is final and subject to enforcement pursuant to Sections 11455.20 and 11455.30 of the Government Code.
(d) A determination by a Regional Board pursuant to this section is not subject to review by the State Board under Water Code Section 13320.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Article 3. Rulemaking and Informational Proceedings
Note
(a) “Rulemaking proceedings” shall include any hearings designed for the adoption, amendment, or repeal of any rule, regulation, or standard of general application, which implements, interprets or makes specific any statute enforced or administered by the State and Regional Boards.
(b) “Informational proceedings” shall include any hearings designed to gather and assess facts, opinions, and other information relevant to any matters within the jurisdiction of the Boards and whose primary purposes are to assist the Boards in the formulation of policy or guidelines for future Board action; to inform the public of Board policies, reports, orders, plans, or findings; and to obtain public comment and opinion with respect to such policies, reports, orders, plans, or findings, or to adopt such policies, reports, orders plans, or findings.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.
§649.1. Rulemaking Proceedings.
Note
Proceedings to adopt regulations, including notice thereof, shall, as a minimum requirement, comply with all applicable requirements established by the Legislature (Government Code Section 11340, et seq.). This section is not a limitation on additional notice requirements contained elsewhere in this chapter.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.
§649.2. Notice of Informational Proceedings.
Note
The notice of informational proceedings shall include:
(1) A statement of the nature and purpose of the proceedings;
(2) A statement of the time, date, and place of each proceeding.
Notice of informational proceedings shall, as a minimum requirement, comply with applicable requirements of Section 647.2. This section is not a limitation on additional notice requirements contained elsewhere in this chapter.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.
Note
Rulemaking or informational proceedings shall be conducted in the following order; provided, however, that the Chairperson or presiding member may modify the order for good cause:
(1) An opening statement by the Chairperson or presiding member summarizing the subject matter and purpose of the proceeding.
(2) Presentation of comments or evidence by the staff of the Regional or State Board.
(3) Presentation of comments or evidence by interested persons.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.
§649.4. Prepared Written Evidence.
Note
The State or Regional Board may require that prepared written testimony or other evidence be submitted in advance of any rulemaking or informational proceeding for the purpose of the orderly consideration of issues at the proceeding.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.
Note
Questions from Board members, staff or legal counsel are in order at any time. Persons wishing to have prior evidence or comments clarified should request the Chairperson, presiding member, or hearing officer, toobtain the answer or clarification. The Chairperson, presiding member, or hearing officer, may allow additional answers to be given as appropriate based on, but not limited to, the following considerations:
(1) The need to accommodate all the various interests within the time allotted for the proceeding;
(2) The area of inquiry to be pursued by further questioning;
(3) The adequacy of questioning already provided in covering the area of inquiry; and
(4) The alternative of permitting the questions to be submitted in writing, with such questions and answers becoming part of the record.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 183, Water Code, and Sections 11340 et seq., Government Code.
Article 4. Subpoenas
Note • History
(a) Upon its own motion or upon request of any person, the Board may issue subpoenas and subpoenas duces tecum for attendance at a proceeding and for production of documents at any reasonable time and place or at a hearing.
(b) Article 11 (commencing with section 11450.05) and article 12 (commencing with section 11455.10) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code shall apply to the issuance of a subpoena or subpoena duces tecum in an adjudicative proceeding. The Board may also compel attendance, testimony, or the production of evidence as provided in article 3 (commencing with section 1090) of chapter 3 of part 1 of division 2 of the Water Code.
(c) Section 1086 of the Water Code does not apply to any witness required to attend an adjudicative proceeding pursuant to article 11 (commencing with section 11450.05) of chapter 4.5 of part 1 of division 3 of title 2 of the Government Code.
(d) Article 5 (commencing with section 1105) of chapter 3 of part 1 of division 2 of the Water Code applies to any person required to testify or produce any evidence pursuant to a subpoena or subpoena duces tecum or pursuant to a notice issued under section 11450.50 of the Government Code.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 1080 and 13221, Water Code.
HISTORY
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Chapter 2. Appropriation of Water
Article 1. General Provisions
Note • History
Any person who wishes to appropriate unappropriated water pursuant to Water Code Section 1202 shall file an application and comply with the provisions of the subchapter.
NOTE
Authority cited: Section 1058 and 1252, Water Code. Reference: Sections 1200, 1260 and 1375, Water Code.
HISTORY
1. Amendment filed 5-9-74 as procedural and organizational; effective upon filing (Register 74, No. 19). For prior history, see Register 60, No. 5.
2. Renumbering and amendment of former section 650 to section 705 and new section 650 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
3. Editorial correction of section (Register 92, No. 21).
Note • History
In acting on applications, petitions for changes, and petitions for extensions of time where reclaimed water is available or water can be reused or reclaimed, the amount of water specified in the application or permit shall be reduced to the extent and in the quantity that, and so long as, the use of reclaimed water or reuse of water is reasonable.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 275, 461, 1253 and 1257, Water Code.
HISTORY
1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Renumbering and amendment of former Section 651 to Section 675, and renumbering and amendment of former Section 654.4 to 651 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 5.
§652. Application Must Be Accompanied by Minimum Filing Fee.
History
HISTORY
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering from 651 filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of Section 652 to Section 676 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§652.5. Application Fees for Small Hydroelectric Projects.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1525.5, Water Code.
HISTORY
1. New section Schedule 1 filed 6-17-83; effective thirtieth day thereafter (Register 83, No. 25).
2. Renumbering and amendment of former Section 652.5 and Schedule 1 to Section 677 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§653. Applications for Water Where an Existing Right Is Claimed.
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 1201, 1202, 1253, 1255 and 1375, Water Code.
HISTORY
1. New section filed 3-23-73; effective thirtieth day thereafter (Register 73, No. 12).
2. Amendment filed 3-11-81; effective thirtieth day thereafter (Register 81, No. 11).
3. Renumbering and amendment of Section 653(a) to Section 695, and renumbering and amendment of Section 653(b)-(g) to Section 731 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§654. Documents That Must Be Sworn To.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, Water Code.
HISTORY
1. New section filed 10-9-73 as procedural; effective upon filing (Register 73, No. 41).
2. Renumbering and amendment of Section 654 to Section 711 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, Chapter 2.5, Division 1 and Part 2, Division 2, Water Code.
HISTORY
1. New section filed 1-28-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Renumbering and amendment of former Section 654.4 to Section 651 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 2. Definitions
Subarticle 1. General
Note • History
“Application” means the form entitled “Application to Appropriate Water,” the “Environmental Information Form,” applicable fees, and the maps required by this subchapter. “Application” includes the form entitled “Supplement to Application” when:
(a) The purpose of use is municipal, industrial, mining, power, temperature control or any other use that is not listed in paragraph 5 of the application; or
(b) The applicant applies to store 25 acre-feet or more of water. These forms are provided by the board.
NOTE
Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Sections 1260, 1375 and 1525, Water Code; and Sections 21080, 21080.1 and 21160, Public Resources Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 655 to Section 696, and new Section 655 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
4. Amendment of first paragraph and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§656. Complete and Incomplete Applications.
Note • History
(a) Complete Application. An application shall be considered complete when the board has certified, in writing, that the applicant has fully and completely disclosed all information required in the “application” according to instructions set forth in the form and this subchapter, and has paid the applicable fees.
(b) Incomplete Application. An incomplete application is one that is substantially complete except that it fails in some manner to fully conform to the law or the regulations of the board. It includes an application determined to be incomplete pursuant to Sections 65920 et seq. of the Government Code and an application determined to be defective pursuant to Section 1270 of the Water Code. See Section 675 regarding substantial compliance.
NOTE
Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Sections 1270 and 1525, Water Code; and Sections 65940, 65941 and 65943, Government Code.
HISTORY
1. Renumbering and amendment of former Section 656 to Section 698, and renumbering and amendment of Section 692 to 656 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 78, No. 31 and 17, No. 5.
2. Amendment of subsection (a) and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
Note • History
Regulation of water means the direct diversion of water to a tank or reservoir in order that the water may be held for use at a rate other than the rate at which it may be conveniently diverted from its source. For licensing purposes, refill, in whole or in part, held in a tank or reservoir for less than 30 days shall be considered regulation of water.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1240, 1250, 1253 and 1260, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Renumbering and amendment of former Section 657 to Section 697, and new Section 657 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§657.1. Recreational Reservoirs for Subdivisions.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Part 2 (commencing with Section 1200) of Division 2, Water Code.
HISTORY
1. New section filed 2-27-73; effective thirtieth day thereafter (Register 73, No. 9).
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§657.2. Stockwatering Reservoirs.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Part 2 (commencing with Section 1200) of Division 2, Water Code.
HISTORY
1. New section filed 3-8-74; effective thirtieth day thereafter (Register 74, No. 10).
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
Storage of water means the collection of water in a tank or reservoir during a time of higher stream flow which is held for use during a time of deficient stream flow. For licensing purposes all initial collections within the collection season plus refill, in whole or in part, held in a tank or reservoir for more than 30 days shall be considered water diverted for storage except as provided in Section 735(c).
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 658 to Section 699, and new Section 658 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Subarticle 2. Beneficial Uses
§659. Beneficial Use of Water.
Note • History
Beneficial use of water includes those uses defined in this subarticle. The board will determine whether other uses of water are beneficial when considering individual applications to appropriate water.
NOTE
Authority cited: Sections 1058 and 1252, Water Code. Reference: Section 1240, Water Code.
HISTORY
1. Repealer of Section 659 and new Article 2.5 (Sections 659-660) filed 10-12-79; effective thirtieth day thereafter (Register 79, No. 41).
2. Renumbering and amendment of former Section 659 to Section 735, and new Section 659 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Domestic use means the use of water in homes, resorts, motels, organization camps, camp grounds, etc., including the incidental watering of domestic stock for family sustenance or enjoyment and the irrigation of not to exceed one-half acre in lawn, ornamental shrubbery, or gardens at any single establishments. The use of water at a camp ground or resort for human consumption, cooking or sanitary purposes is a domestic use.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1254 and 1260, Water Code.
HISTORY
1. Renumbering and amendment of former Section 660 to Section 735, and renumbering and amendment of Section 661 to Section 660 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Irrigation use includes any application of water to the production of irrigated crops or the maintenance of large areas of lawns, shrubbery, or gardens.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1254 and 1260, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 661 to Section 660, and renumbering and amendment of Section 662 to 661 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Power use means the use of water for hydroelectric and hydromechanical power.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 1263, Water Code.
HISTORY
1. Renumbering and amendment of former Section 662 to Section 661, and renumbering and amendment of Section 663 to Section 662 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 1253, Water Code.
HISTORY
1. New section filed 10-12-79; effective thirtieth day thereafter (Register 79, No. 41).
2. Renumbering and amendment of Section 662.5 to Section 671 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Municipal use means the use of water for the municipal water supply of a city, town, or other similar population group, and use incidental thereto for any beneficial purpose.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1260 and 1264, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 663 to Section 662, and renumbering and amendment of Section 664 to Section 663 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Mining use means any use of water is for mining processes such as hydraulicing, drilling, and on concentrator tables.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1260 and 1265, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 664 to Section 663, and renumbering and amendment of Section 665 to 664 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Industrial use means the use of water for the purposes, not more specifically defined herein, of commerce, trade or industry.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code.
HISTORY
1. Renumbering and amendment of former Section 665 to Section 664, and renumbering and amendment of Section 666 to Section 665 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Editorial correction amending section (Register 2005, No. 17).
§666. Fish and Wildlife Preservation and Enhancement Use.
Note • History
For purposes of specifying a beneficial use in an application to appropriate unappropriated water, fish and wildlife preservation and enhancement use means using water to maintain or provide habitat or other benefit for fish and wildlife by taking water under control as in the following examples:
(a) The collection or diversion of water to storage for either retention in the reservoir or release downstream for the purpose of preservation or enhancement of fish or wildlife; or
(b) Direct diversion of water for the purpose of preservation or enhancement of fish or wildlife.
This category of water use includes the use of water for the raising of fish or other organisms for scientific purposes or release in the waters of the state.
NOTE
Authority cited: Section 1058, Water Code. Reference: California Trout, Inc. v. SWRCB, 90 Cal.App.3d 816, 153, Cal.Rptr. 672 (1979); Fullerton v. State Water Resources Control Board, 90 Cal.App.3d 590; 153 Cal.Rptr. 518 (1979); and Sections 1243 and 1260, Water Code.
HISTORY
1. Renumbering and amendment of former Section 666 to Section 665, and renumbering and amendment of Section 667.5 to Section 666 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Aquaculture use means the use of water for raising fish or other organisms for commercial purposes, or large scale private use in which the fish or organisms will not be released in waters of the state.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 11-24-71; effective thirtieth day thereafter (Register 71, No. 48).
3. Renumbering and amendment of former Section 667 to Section 668, and new Section 667 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§667.5. Fish and Wildlife Protection and Enhancement.
Note • History
NOTE
Authority cited: Section 1058, Water Code.
HISTORY
1. Renumbering and amendment of former Section 667.5 to Section 666 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Recreational use means the use of water for resorts or other recreational establishments, boating, swimming, and fishing, and may include water which is appropriated by storage and either retained in the reservoir or released downstream to support these purposes. Use of water at a camp ground or resort for human consumption, cooking or sanitary purposes is a domestic use and irrigation of golf courses is an irrigation use.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1243 and 1260, Water Code.
HISTORY
1. Amendment filed 12-1-55 effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 668 to Section 669, and renumbering and amendment of Section 667 to Section 668 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
NOTE
Authority cited: Section 1058, Water Code.
HISTORY
1. New section filed 11-24-71; effective thirtieth day thereafter (Register 71, No. 48).
2. Renumbering and amendment of former Section 668.5 to Section 670 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Stockwatering use means the use of water for commercial livestock.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1260, Water Code.
HISTORY
1. Renumbering and amendment of former Section 669 to Section 706, and renumbering and amendment of Section 668 to Section 669 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 60, No. 5 and 55, No. 17.
§669.5. Name and Address of Applicant.
History
HISTORY
1. New section filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
2. Renumbering and amendment of former Section 669.5 to Section 707 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Water quality use includes appropriation of water by storage to be released for the purpose of protecting or enhancing the quality of other waters which are put to beneficial uses.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1242.5 and 1260, Water Code.
HISTORY
1. Renumbering and amendment of former Section 668.5 to Section 670 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For history of former Section 670, see Registers 74, No. 19 and 71, No. 48.
§670.5. Supplement to Application May Be Required.
History
HISTORY
1. New section filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
2. Renumbering and amendment of former Section 670.5 to Section 708 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§670.6. Instream Beneficial Use Assessment.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 1250.5, Water Code, and Section 21069, Public Resources Code.
HISTORY
1. New section filed 12-13-82 as an emergency; effective upon filing (Register 82, No. 51).
2. Order of Repeal of 12-13-82 order filed 12-13-82 by OAL pursuant to Government Code Section 11349.6 (Register 82, N. 51).
3. New section filed 3-2-83 as an emergency; effective upon filing (Register 83, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-30-83.
4. Order of Repeal of subsection (h)(2) filed 3-10-83 by OAL pursuant to Government Code Section 11349.6 (Register 83, No. 11).
5. Emergency language filed 3-2-83 repealed by operation of Government Code Section 11346.1 (Register 83, No. 32).
6. New section filed 8-1-83; effective upon filing pursuant to Government Code Section 11364.2(d) (Register 83, No. 32).
7. Renumbering and amendment of former Section 670.6 to Section 709 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Frost protection use means the application of water to crops by fine sprays,mists, or sprinklers for the purpose of preventing damage by frost.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1260, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment of subsections (c) and (e), and new subsections (g) and (h) filed 5-18-79; effective thirtieth day thereafter (Register 79, No. 20).
3. Renumbering and amendment of former Section 671 to Section 710, and renumbering and amendment of former Section 662.5 to Section 671 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 19, No. 41.
Note • History
Heat control use means the application of water to crops by fine sprays, mists, or sprinklers for the purpose of preventing damage by high temperatures.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1260, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 673 to Section 715 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§674. Requirements for Irrigation Purposes.
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 674 to Section 719 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 3. How Applications Are Processed
Note • History
Upon receipt, an application will be reviewed for compliance with the requirements of the Water Code and this subchapter. An application will be accepted for filing when it substantially complies with the requirements. Substantial compliance means that the application is made in a good faith attempt to conform to the rules and regulations of the board and to the law, and the information submitted and the form of submission are sufficient in view of the particular circumstances to fulfill the purpose of the requirements.
NOTE
Authority cited: Section 1058 and 1252, Water Code. Reference: Section 1270, Water Code.
HISTORY
1. Amendment filed 3-3-78 as procedural and organizational; effective upon filing (Register 78, No. 9).
2. Renumbering and amendment of former Section 675 to Section 720, and renumbering and amendment of Section 651 to Section 675 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 67, No. 49 and 60, No. 5.
Note • History
An application will not be accepted for initial review or filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division. If after the initial review of an application described in section 675 the board does not accept the application for filing, the board shall refund the application filing fee, minus the $250 non-refundable initial review fee. The board may cancel an application for failure to pay any annual fee for the application when due.
NOTE
Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference: Section 1525, Water Code.
HISTORY
1. Renumbering and amendment of former Section 676 to Section 721, and renumbering and amendment of Section 652 to Section 676 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79, No. 20; 60, No. 5; and 55, No. 17.
2. Amendment of section and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Amendment filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§677. Application Fees for Small Hydroelectric Projects.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1525.5, Water Code.
HISTORY
1. New section and Schedule 1 filed 6-17-83 effective thirtieth day thereafter (Register 83, No. 25). For prior history, see Register 82, No. 51.
2. Renumbering and amendment of former Section 677 to Section 718, and renumbering and amendment of Section 652.5 to Section 677 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 83, No. 25).
3. Repealer of section and schedule 1 filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§678. Determination of Completeness.
Note • History
(a) Upon acceptance of an application to appropriate water, the board staff shall, within 30 days, determine whether an application is complete by applying the criteria set forth in this subchapter.
(b) In the event that the board staff determines that the application is incomplete, it shall, in writing, notify the applicant of such determination, shall specify those parts of the application that are incomplete, and shall indicate the manner in which they can be made complete.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1270, Water Code; Section 65943, Government Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 678 to Section 723, and renumbering and amendment of Section 692.3 to Section 678 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history; see Register 78, No. 3).
§679. Cancellation of Application.
Note • History
Upon receiving an incomplete application made in a bona fide attempt to conform to the rules of the board and to the law, the board will notify the applicant in what respect his application is incomplete and that unless within 60 days an amended and completed application is filed or good cause is shown for extension of time, following the notice required in Section 678, the application will be subject to cancellation without further notice. Unless within the time prescribed, or such further time as may be allowed for good cause consistent with the provisions of Section 680, an amended and completed application is filed with the board, the application may be cancelled without further notice.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1270 and 1271, Water Code.
HISTORY
1. Renumbered from former Section 680. Former Section 679 repealer filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
4. Renumbering and amendment of former Section 679 to Section 716, and renumbering and amendment of Section 695 to 679 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§680. Applications Not Made in a Bona Fide Attempt to Conform to Rules and Law.
Note • History
Applications which are not made in a bona fide attempt to conform to the rules of the board and to the law, including those in which no effort, or only a token effort, is made to supply one or more of the items of information required by Sections 1260 through 1266 of the Water Code, will not be accepted for filing. When the board's staff determines not to accept such an application, it shall notify the applicant within 30 days of receipt of the application.
NOTE
Authority cited: Section 1058 and 1252, Water Code. Reference: Sections 1260 and 1270, Water Code.
HISTORY
1. Renumbering of former Section 681 and amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Amendment filed 11-24-71; effective thirtieth day thereafter (Register 71, No. 48).
4. Amendment filed 11-25-80; effective thirtieth day thereafter (Register 80, No. 48).
5. Renumbering and amendment of former Section 680 to Section 717, and renumbering and amendment of Section 696 to Section 680 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§681. Time to Complete and Extensions Thereof.
Note • History
Upon receipt of a request for an extension of time to complete an application, if good cause is shown the board will grant such time as appears reasonably necessary, Good cause requires a satisfactory showing that a diligent effort has been made to complete the application within the time previously allowed and that failure to do so has been occasioned by obstacles which could not reasonably be avoided. Lack of finances, occupation with other work, physical disability, and other conditions incident to the person and not the enterprise will not generally be accepted as good cause for delay. The board may, in its discretion, require such showing of good cause to be made at a hearing upon notice to the applicant and other interested parties.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1270 and 1271, Water Code.
HISTORY
1. Renumbering of former Section 682 and amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
. 2.Renumbering and amendment of former Section 681 to Section 724, and renumbering and amendment of Section 614 to Section 681 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
Note • History
After an application has been determined to be complete, the applicant shall not be required to submit any new or added information which is not set forth or required in or by this Subchapter. An applicant may, however, submit any new or added information on his own behalf, and the board may, in its discretion, hear or consider such information in deciding whether to approve the application.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 65944, Government Code.
HISTORY
1. Renumbering and amendment of former Section 692.5 to Section 682 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, No. 31.
§683. Supplemental Information.
Note • History
(a) Notwithstanding the provisions of Section 682 the board may, in the course of processing the application, and at any time prior to rendering a decision on the application, request an applicant to clarify, amplify, correct, or otherwise supplement the information required in or by this Subchapter and to obtain information necessary to comply with the Public Resources Code Section 21000 et seq.
(b) Failure by an applicant to comply with a written request for information pursuant to subdivision (a) of this section within a reasonable time and in a responsive manner may be cause for the board to cancel or reject the application pursuant to Government Code Section 65956(c) or the State Administrative Manual Permit Guidelines Section 1099, adopted on January 31, 1978.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 65944 and 65956(b), Government Code; and Section 1255, Water Code.
HISTORY
1. Renumbering and amendment of former Section 692.7 to Section 683 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, No. 31.
Note • History
(a) As soon as practicable after receipt of a complete application and, if an instream beneficial use assessment is required by Water Code Section 1250.5 (for a project which proposes the development of a small hydroelectric project) as soon as practicable after the determination that the instream beneficial use assessment is adequate, a notice will be issued by the board. The applicant will be directed to post or publish it.
(b) If a hearing on an application is delayed for more than one year after the close of the protest period, the board may issue a new notice and direct the applicant to post or publish it. The board will take such action when, in its judgment, the record does not reflect up-to-date circumstances because of changes in the project or in the circumstances of affected downstream water users or other interested persons. The board will mail a copy of the new notice to all persons who filed a protest to the application in response to the original notice and will inform them that they may either submit a new protest or stand on their existing protest.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1300, 1310 and 1320, Water Code.
HISTORY
1. Renumbering and amendment of former Section 712 to Section 684 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 73, No. 10 and 60, No. 5.
§685. Effect of Issuance of Notice.
Note • History
Issuance of a notice of application shall not be construed as a final determination that the application is complete in all details.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 65941, 65943 and 65944, Government Code; and Section 1270, Water Code.
HISTORY
1. Renumbering and amendment of former Section 701 and amendment to Subsection 685 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Amendment of subsections (b) and (c) filed 3-3-78 as procedural and organizational; effective upon filing (Register 78, No. 9).
4. Repealer of former Section 685 and renumbering and amendment of Section 713 to Section 685 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 4. Requirements for Separate Applications and Joint Applications
§686. Separate Applications for Consumptive and Nonconsumptive Uses.
Note • History
Separate applications shall be filed for consumptive and nonconsumptive uses except that an application for either consumptive or nonconsumptive purposes may include water for strictly incidental domestic, power, industrial, stockwatering, recreational, fish and wildlife enhancement, or water quality uses. For the purpose of this section, nonconsumptive use is one which returns substantially all of the water to a surface stream or other surface body of water. Incidental power is generated when operation of the turbine is incidental to the movement of water to meet requirements for other purposes. Notice of a petition to add incidental uses may be given at the board's discretion, in accordance with Section 795, Article 15 of this subchapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
HISTORY
1. Renumbering and amendment of former Section 698 to Section 686 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 80, No. 48.
§687. Separate Application for Each Diversion.
Note • History
When water is to be diverted at two or more places, a separate application shall be filed for each, except that one application will be accepted when:
(a) Successive diversions are made of water from the same stream system for a nonconsumptive use,
(b) The water will be used for common purposes at adjoining places of use and when the works required for each diversion will be constructed simultaneously with all the other units of the project. Units of a project to be constructed by stages at different times which involve separate diversions of water shall be covered by separate applications, or
(c) Water will be stored in several reservoirs in the same watershed or general locality, provided there shall not be included in one application more than 5 reservoirs.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
HISTORY
1. Renumbering and amendment of former Section 699 to Section 687 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 64, No. 6 and 55, No. 17.
2. Editorial correction amending subsection (b) (Register 2005, No. 17).
§688. Separate Applications for Separately Owned Places of Use.
Note • History
Separate applications shall be filed when two or more parties desire to cooperate in the construction and operation of a common system for direct diversion of water (not proposing the use of water stored in a reservoir) but will use water on separately owned parcels. Such applications may be filed simultaneously and thereby establish an equal priority, either by personal delivery of the applications or by forwarding them in the same envelope.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
HISTORY
1. New article 7 (§§688 and 689) filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Amendment of subsection (b) filed 3-3-78 as procedural and organizational; effective upon filing (Register 78, No. 9).
4. Renumbering and amendment of former Section 688 to Section 733, and renumbering and amendment of Section 700 to Section 688 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§689. Separate Application for Frost Protection.
Note • History
Direct diversion for frost protection shall be the subject of a separate application, except where such uses are clearly incidental to other uses is areas other than in Napa Valley. Existing permits for frost protection direct diversion combined with other uses may be separated into separate permits when an order is issued allowing an extension of time or a change in the permit. Separate licenses or a permit and a license may be issued upon completion of the separate portions of the project if appropriate.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
HISTORY
1. Renumbering and amendment of former Section 689 to Section 722, and renumbering and amendment of Section 648.5 to Section 689 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, No. 41.
§690. Application by an Agency Representing Users Within a Combined Place of Use.
Note • History
An application by an agency proposing to serve water to several separately owned parcels of land will be accepted when that agency is competent to take title to the water right (for example, an irrigation district or a mutual water company).
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Cod.
HISTORY
1. Renumbering and amendment of former Section 701 to Section 690 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see register 55, No. 17.
Note • History
(a) Two or more persons proposing to share in the use of water stored in a reservoir or proposing a common place of use (such as the irrigation of jointly owned property), shall file a joint application.
(b) A joint application shall clearly indicate the nature and extent of the respective rights of each applicant in the ownership and operation of the proposed reservoir and to any water right received. Joint applicants shall designate one person to receive correspondence from the board and to act for them in all matters pertaining to the usual processing of the application.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, 1260 and 1775, Water Code.
HISTORY
1. Renumbering and amendment of former Section 702 to Section 691 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 74, No. 48 and 55, No. 17.
Note • History
NOTE
Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
HISTORY
1. Renumbering of former Sections 685, 686, 687 and 688 to 692, 693, 694 and 695, respectively, and amendments of 694 and 695 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Amendment filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).
4. Amendment of Article title and Section 692 filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
5. Renumbering and amendment of Section 692 to Section 656 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§692.3. Determination of Completeness.
Note • History
NOTE
Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
HISTORY
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
2. Renumbering and amendment of Section 692.3 to Section 678 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§692.5. Additional Information.
Note • History
NOTE
Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
HISTORY
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
2. Renumbering and amendment of Section 692.5 to Section 682 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§692.7. Supplemental Information.
Note • History
NOTE
Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
HISTORY
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
2. Renumbering and amendment of Section 692.7 to Section 683 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§693. Statement of Reasons and Request for Time to Complete.
History
HISTORY
1. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§694. Time to Complete and Extensions Thereof.
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 694 to Section 681 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 5. Amounts for Which to Apply
Note • History
A permit can be issued only for unappropriated water. Unappropriated water does not include water being used pursuant to an existing right, whether the right is owned by the applicant, or by another person. (For the relationship between new applications and existing rights, see Section 731.)
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1202 and 1375, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 695 to Section 679, and renumbering and amendment of Section 653(a) to Section 695 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 81, No. 11 and 73, No. 12.
§696. Applications Reasonably Necessary for Beneficial Use--How Stated.
Note • History
The amount of water for which to apply is governed by the estimated amount which can be put to beneficial use including reasonable conveyance losses, and shall be stated in the definite terms of some established unit of measurement, such as cubic feet per second, gallons per minute or per day, or acre-feet per annum.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240, 1241, 1252 and 1260, Water Code.
HISTORY
1. New section filed 3-10-0; effective thirtieth day thereafter (Register 60, No. 5).
2. Editorial correction (Register 60, No. 8).
3. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
4. Renumbering and amendment of former Section 696 to Section 680, and renumbering and amendment of Section 655 to Section 696 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§697. Examples of Amounts Considered Reasonably Necessary.
Note • History
The amount of water considered reasonably necessary for certain uses when the appropriation will be by direct diversion shall be determined in the following manner:
(a) Irrigation Use.
(1) In most portions of the central valley of California and elsewhere in the State where similar conditions prevail a duty of one cubic foot per second continuous flow to each 80 acres shall be considered a reasonable headgate duty for most crops. Where there is a greater abundance of water and a heavy transportation loss, or the land to be irrigated is of a porous, sandy or gavelly character a continuous flow allowance of one cubic foot per second to each 50 acres may be considered reasonable. Under other conditions where water supply is less abundant and conditions are favorable to a more economical use a duty of one cubic foot per second to 150 acres may be considered reasonable for most crops. For the irrigation of rice the customary allowance shall be one cubic foot per second continuous flow to each 40 acres of irrigated land.
(2) The equivalent of these continuous flow allowances for any 30--day period may be diverted in a lesser time at a greater rate so long as there is no interference with other users, and a clause allowing such rotation will be included in a permit issued for irrigation purposes.
(b) Domestic Use. Allowances for domestic use are variable, depending upon the character of the place of use, method of use, character of use and availability of water. The quantities considered reasonable for the respective domestic uses are as follows:
Embedded Graphic 23.0053
(c) Stockwatering Use. For use for watering commercial livestock, the quantities considered reasonable are as follows:
Embedded Graphic 23.0054
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, 1240 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 657 to Section 697 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 64, No. 6 and 55, No. 17.
2. Editorial correction amending subsection (a)(2) (Register 2005, No. 17).
§698. Action upon an Application for an Excessive Amount.
Note • History
An application for an amount of water clearly in excess of the capacity of the proposed diversion works or in excess of an amount reasonably necessary for the proposed use will not be approved and shall be reduced.
In the event of uncertainty, a showing of need for and ability to divert additional water will be required of the applicant.
NOTE
Authority cited: Sections 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Section 275, Water Code.
HISTORY
1. Renumbering and amendment of former Section 695 and amendment to Section 695 filed 12-1-55; effective thirtieth day thereafter. Former Section 696 repealer filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Amendment filed 11-25-80; effective thirtieth day thereafter (Register 80, No. 48).
4. Renumbering and amendment of former Section 698 to Section 686, and renumbering and amendment of Section 656 to Section 698 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
5. Editorial correction amending section (Register 2005, No. 17).
§698.5. Separate Application for Frost Protection.
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 1253, Water Code.
HISTORY
1. New section filed 10-12-79; effective thirtieth day thereafter (Register 79, No. 41).
2. Renumbering and amendment of Section 698.5 to Section 689 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§699. Limitation upon Application and Right Obtained.
Note • History
Neither the amount of water applied for, not the season of diversion, as stated in the application as first filed can subsequently be increased in the application or in a permit or license issued on the application.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1450, Water Code.
HISTORY
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Renumbering and amendment of former Section 699 to Section 687, and renumbering and amendment of Section 658 to Section 699 filed 1 -16-87; effective thirtieth day thereafter (Register 87, No. 10).
§700. Approval of Applications for Partial Season of Use.
Note • History
When unappropriated water is not available to the applicant during the entire season for which the use of water is needed, an application may be approved for the portion of the season during which unappropriated water is available, provided the applicant first supplies to the board reasonable assurance that water can and will be obtained from an alternate source during the remainder of the season without impairing the prior rights of others.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1202, Water Code.
HISTORY
1. Renumbering of former Section 756 and amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 700 to Section 688, and renumbering and amendment of Section 760 to Section 700 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 71, No. 48.
§701. Application by an Agency Representing a Combined Use.
History
HISTORY
1. Renumbering and amendment of former Section 697 and amendment to Section 701 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of Section 701 to Section 690 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. Repealer and new section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Repealer and new section filed 11-24-71; effective thirtieth day thereafter (Register 71, No. 48).
3. Renumbering and amendment of Section 702 to Section 611 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§703. Joint Ownership of Places of Use.
History
HISTORY
1. Renumbering of former Section 755 and amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Repealer filed 11-24-71; effective thirtieth day thereafter (Register 71, No. 48).
Article 6. Contents of Application and Instream Beneficial Use Assessment
Note • History
An application for a permit to appropriate water shall be typewritten or legibly written in black ink, and filed in duplicate upon a printed form furnished by the board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 650 to Section 705 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 19.
Note • History
(a) Applicants shall fill in each blank in the application. Supplements may be attached if there is insufficient space in the blanks of the printed form. If supplement is used it should be attached to the application and marked “Supplement.” The data included should be segregated into paragraphs with numbers corresponding to the paragraph numbers and titles of the printed form and should be properly cross-referenced to the form. The application and supplement should include all data and information required to describe the proposed appropriation and use of water.
(b) The board may require the applicant to furnish a brief description of the project and its operation.
(c) General statements and data other than as indicated on the form are not desired as a part of the application but can be submitted in an accompanying letter which will be filed and made a part of the record.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 669 to Section 706 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§707. Legal Nature, Name and Address of Applicant.
Note • History
If the applicant is other than a natural person, its legal nature shall be given (corporation, partnership, or other entity.) If the application is made by two or more persons, the name of each shall be given, and the address shall be supplied to which notices and other correspondence concerning any matter relating to the application may be mailed. Thereafter, notice mailed to that address will be considered notice to all.
NOTE
Authority cited: Section 11058, Water Code. Reference: Sections 1252 and 122.5, Water Code.
HISTORY
1. Repealer of former Section 707, and renumbering and amendment of Section 669.5 to Section 707 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history; see Register 64, No. 6.
§708. Supplement to Application May Be Required.
Note • History
When directed by the board, the applicant shall supplement the application with a statement showing the maximum quantity of water, in acre-feet or other unit of measurement prescribed by the board, that will be beneficially used each month during the proposed season of use.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240, 1252 and 1253, Water Code.
HISTORY
1. Renumbering and amendment of Section 670.5 to Section 708 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64, No. 6.
§709. Instream Beneficial Use Assessment.
Note • History
(a) The instream beneficial use assessment required by Water Code Section 1250.5 shall provide information including but not limited to:
(1) design, construction and operation of the project;
(2) in the area affected by the project: identification, and quantification, to the extent possible, of fish, wildlife and botanical resources; aquatic, riparian and terrestrial habitats; hydrology, including water quality and quantity relationships; geologic and soil resources; recreational demand; cultural resources; aesthetic values; specially designated or protected species, habitats, areas, or stream sections; and landuse plans;
(3) the applicant's preliminary findings on the flow regime necessary to protect existing resources and beneficial use levels, and assumptions and methodologies used to make this determination;
(4) the applicant's assessment of the effect of the proposed project on existing resources and current beneficial use levels, and assumptions and methodologies used to make this determination.
(b) The board shall develop a mailing list in connection with such applications and make it available to the applicant within 30 days after the application is accepted and given a priority of right (as defined in Water Code Section 1450) so that applicants may contact the parties on the board's mailing list prior to beginning work on the instream beneficial use assessment to obtain their opinion as to the appropriate scope and content of the instream beneficial use assessment.
(c) Applicants for water rights for small hydroelectric projects who are required by Water Code Section 1250.5 to do an instream beneficial use assessment must complete the Instream Beneficial Use Assessment Form. The entire Instream Beneficial Use Assessment Form for Small Hydroelectric Facilities, adopted by the board in June 1983 is incorporated by reference in this section. It may be obtained from the Division of Water Rights of the board.
(1) The applicant should determine the depth of analysis required to complete the “Instream Beneficial Use Assessment Form” after an initial investigation that includes consultation with the appropriate local, state and federal agencies and other interested parties and organizations, which are identified on the board's mailing list. The applicant may also know other interested or potentially affected parties, who should be consulted.
(2) Following consultation with resources management agencies and other interested parties, the applicant should develop a written copy of work for completion of the “Instream Beneficial Use Assessment Form.” The written scope of work must be submitted to the Division of Water Rights for staff review. Based upon the staff review, the Division may agree that the applicant should proceed with the instream beneficial use assessment, or alternatively, the Division may schedule a meeting or scoping session to enable the applicant, the responsible resource agencies and other interested and concerned parties to discuss information needs and make recommendations for a revised scope of work acceptable to the Division.
(3) The following definitions are applicable to the Instream Beneficial Use Assessment Form:
(A) “Bedload” refers to the particles in a stream channel that mainly move by jumping, sliding or rolling on or near the bottom of the stream.
(B) “Bank-full capacity” refers to the rate of water flow that completely fills a channel; i.e., the rate at which the water surface is level with the flood plain. The bank-full state is the most effective or dominate channel-forming flow.
(C) “Change in streamflow regime” see (CC) “Streamflow Regime, Change In,” below.
(D) “Critical area” refers to the terrestrial or riparian area on either side of the critical reach that is influenced by the amount of streamflow.
(E) “Critical reach” refers to that section of the stream extending either from the point of diversion or, if the project includes an impoundment, the most upstream point of the impoundment to the point of return.
(F) “Critical riparian/wetland area” is the area on either side of the water course that is influenced by the amount of streamflow, and extends from the point of diversion or uppermost point of the impoundment, whichever is the highest upstream point, to the point of return. This area also includes stream influenced wetlands, including but not limited to wet meadows, marshes, swamps and overflow areas.
(G) “Deposition” refers to the laying down of material by erosion or transport by water.
(H) “Ecosystem” refers to a complex system composed of a community of fauna and flora taking into account the chemical and physical environment with which the system is interrelated.
(I) “Erosion” refers to a group of processes whereby earth or rock material is worn away, loosened or dissolved and removed from any part of the earth's surface. It includes the process of weathering, solution, corrosion and transportation.
(J) “Flood frequency curve” refers to a curve that plots over time the probability that floods of given magnitudes will recur.
(K) “Full length of the stream,” as used in the “Instream Beneficial Use Assessment Form,” will vary with individual site settings and will be determined on a case-by-case basis.
(L) “Groundwater recharge” refers to the addition to the water within the earth that occurs naturally from infiltration of rainfall and from water flowing over the earth materials that allow water to infiltrate below the land surface.
(M) “Habitat” or “primary habitat” refers to the place where an organism lives.
(N) “Habitat, migration” refers to that area which individuals periodically visit or through which individuals periodically pass on their way to another destination.
(O) “Habitat type” refers to a naturally occurring assemblage of plants. (For example: aspen, grove, white alder/willow forest, willow thicket, meadow.)
(P) “International whitewater scale” refers to a scale developed by the American Whitewater affiliation which is used to rate the boating difficulty of a river. Sections of a river are rated on a scale of I to VI, with VI being the most difficult.
(Q) “International scale of river difficulty”: (If rapids on a river generally fit into one of the following classifications, but if the water temperature is below 50 degrees Fahrenheit, or if the trip is an extended trip in a wilderness area, the river should be considered one class more difficult than normal.)
CLASS I. Moving water with a few riffles and small waves. Few or no obstructions.
CLASS II. Easy rapids with waves up to 3 feet, and wide, clear channels that are obvious without scouting. Some maneuvering is required.
CLASS III. Rapids with high, irregular waves often capable of swamping an open canoe. Narrow passages that often require complex maneuvering. May require scouting from shore.
CLASS IV. Long, difficult rapids with constricted passages that often require precise maneuvering in very turbulent waters. Scouting from shore is often necessary, and conditions make rescue difficult. Generally not possible for open canoes. Boaters in covered canoes and kayaks should be able to Eskimo roll.
CLASS V. Extremely difficult, long, and very violent rapids with highly congested routes which nearly always must be scouted from shore. Rescue conditions are difficult and there is significant hazard to life in event of mishap. Ability to Eskimo roll is essential for kayaks and canoes.
CLASS VI. Difficulties of Class V carried to the extreme of navigability. Nearly impossible and very dangerous. For teams of experts only, after close study and with all precautions taken.
(R) “Key species” refers to the species of concern in any given circumstances.
(S) “Landslides” refers to the failure of a slope in which the movement of the soil mass takes place along an interior surface of sliding.
(T) “Mudflows” refers to a moving mass of almost liquid material or wet earth caused by rain.
(U) “Nutrient transfer” refers to the transfer of nutrients from land to water through leaching and from water to land in times of floods.
(V) “Primary habitat” refers to the primary place where an organism lives.
(W) “Productivity” refers to the amount of living matter actually produced by the unit being discussed.
(X) “Change in streamflow regime” see (CC) “Streamflow Regime, Change In,” below.
(Y) “Riparian vegetation” refers to moisture-loving vegetation along a watercourse which is distinguished from other vegetation by its dependence on the combination of soil moisture and other environmental factors provided by a permanent or intermittent stream.
(Z) “Sediment transfer” refers to the quantity of sediment measured in dry weight or by volume, transported through a stream cross section in a given time. Consists of both suspended load and bedload.
(AA) “Slope stability” refers to an evaluation (almost always qualitative and expressed as a probability) of the tendency for the materials on or constituting a slope (e.g., rocks, soil, snow) to either remain in place or to move downhill.
(BB) “Spoils” refers to loose rock, solid and vegetation debris, left from construction activities.
(CC) “Streamflow regime, cange in” refers to the criteria which shall be considered in determining whether or not the project will change the streamflow regime, including but not limited to, the following:
1. Will the rate and volume of flow be changed?
2. Will the water temperature be changed?
3. Will there be changes in the concentration of dissolved oxygen?
4. Will there be changes in the timing of water releases from any existing water diversion or storage facility?
(DD) “Structural characteristics” refers to the physical or life--form characteristics of the habitat type described in terms of the vertical pattern, including but not limited to overstory, understory or seedling tree, tall or low shrub, perennial or annual herb, and moss or lichen, and the horizontal pattern described in terms of age-class.
(EE) “Suspended solids” refers to the small, solid particles in water that cause a cloudy condition. Particles of suspended sediment tend to settle at the channel bottom (settleable solids), but upward currents in turbulent flow counteract gravitational settling.
(FF) “Substrate” refers to the base on which an organism lives.
(GG) “Tailrace” refers to the channel, downstream of the draft tube, that carries the water discharged from the turbine. The draft tube is the discharge section of the turbine.
(HH) “Turbidity” refers to a measure of the extent to which light passing through water is reduced due to suspended materials. Excessive turbidity may interfere with light penetration and minimize photosynthesis, thereby causing a decrease in primary productivity. It may interfere directly with essential physiological functions of fish and other aquatic organisms, making it difficult for fish to locate a good food source, and altering water temperature.
(d) An instream beneficial use assessment shall be considered adequate when the Division of Water Rights has certified in writing, that:
(1) The applicant has filed with the Division of Water Rights 10 copies of the “Instream Beneficial Use Assessment Form,” legibly typed, properly executed, and has fully and adequately provided the information required in the form as determined by the Division of Water Rights.
(2) Within 10 days of the date the form is submitted to the board (1) the Division of Water Rights shall make copies available to resource management agencies, and (2) interested parties shall be notified of the availability of copies for examination at locations open to the public. This will include, at a minimum, two locations in the general area of the project, the Resources Agency Library, and Division of Water Rights headquarters. Copies also may be purchased from the Division at the cost of reproduction.
(3) The applicant has filed final and complete maps as required by the “Instream Beneficial Use Assessment Form,” as determined by the Division of Water Rights.
(e) Upon receipt of an instream beneficial use assessment, the division shall, within 90 calendar days, determine whether the assessment is adequate, taking into account the written scope of work, the discussion at the scoping session, if one is held, comments from other agencies and interested parties, and whether the assessment has met procedural requirements. Board approval of the adequacy of the assessment does not constitute endorsement of the assessment's preliminary findings on streamflow regime. (f) When the division determines that an instream beneficial use assessment is adequate, it shall inform the applicant, in writing, of such determination.
(g) If the division determines that an instream beneficial use assessment is inadequate, it shall, in writing, inform the applicant of that determination, shall specify those parts of the assessment that are inadequate, and shall indicate the manner in which they can be made adequate.
(h) To harmonize the provisions of Water Code Section 1250.5 with Article 5 of the Permit Streamlining Act (beginning with Government Code Section 65950) and the California Environmental Quality Act (beginning with Section 21000 of the Public Resources Code.):
(1) When an instream beneficial use assessment is required because a proposed project would change the streamflow regime, the one (or two) year time period within which the board must act pursuant to Water Code Section 1250.5 shall begin when a complete application has been filed and the Division of Water Rights has determined that the instream beneficial use assessment is adequate.
(i) An instream beneficial use assessment form shall not be accepted for filing unless it is filed concurrently with or after the application for the water right permit for the project.
(j) If there is a disagreement regarding any of the following which cannot be resolved at the division level:
(1) whether the streamflow regime will be changed and, therefore an instream beneficial use assessment required;
(2) the scope or content of the instream beneficial use assessment required from the applicant;
(3) the adequacy of an instream beneficial use assessment submitted by an applicant; then, within 30 days from the date of the staff determination any person may petition the board in writing to resolve the matter. Within 30 days following receipt of the petition, the Division of Water Rights shall schedule the matter for a workshop for a determination by the board. The board may either resolve the issue at the workshop or schedule a hearing on the matter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and 1250.5, Water Code; and Section 21069, Public Resources Code.
HISTORY
1. Renumbering and amendment of Section 670.6 to Section 709 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 83, No. 32.
2. Editorial correction amending subsections (c)(2), (c)(3)(N), (c)(3)(W), (c)(3)(Z), (d)(1), (d)(2) and (h)(1) (Register 2005, No. 17).
Note • History
The application and all other writings shall be signed by the applicant or an authorized agent. The board shall presume that any person, other than an applicant, who signs an application or other writing is an authorized agent. The presumption shall be overcome if the board may be charged with actual knowledge that the person signing has no authority to do so.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1252 and 1260, Water Code.
HISTORY
1. Renumbering and amendment of Section 671 to Section 710 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, No. 20.
§711. Documents That Must Be Sworn To.
Note • History
Applications and accompanying statements, including information required by Section 731, reports required of permittees and licensees and petitions for extension of time and for changes, shall be certified as true under penalty of perjury in accordance with Section 2015.5 of the Code of Civil Procedure.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1051, 1075, 1080, 1100, 1105 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 654 to Section 711 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 73, No. 41.
§712. Issuance of Notice by Board.
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. New subsection (b) filed 3-7-73; effective thirtieth day thereafter (Register 73, No. 10).
3. Renumbering and amendment of Section 712 to Section 684 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§713. Effect of Issuance of Notice.
History
HISTORY
1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 713 to Section 685 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§714. Application for Permit to Appropriate Water from Wild and Scenic Rivers.
History
HISTORY
1. New section filed 5-11-73; effective thirtieth day thereafter (Register 73, No. 19). For history of former section, see Register 64, No. 6.
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 7. Map Requirements
Note • History
(a) A general project map and one copy of suitable scale on a sheet not larger than 28 inches by 40 inches or smaller than 8-1/2 inches by 11 inches shall be filed in connection with each application. This map shall be neatly and accurately drawn and should show the source from which water is to be taken, all dams, main conduits, reservoirs and other facilities, the important streams and tributaries in the area, the place of use, and any other features necessary for ready identification and understanding of the project.
(b) The map shall show the lines of the public land survey by 40--acre subdivision, section and township if the area is sectionalized. If the area is not sectionized the nearest lines of the public land survey to or across the project area should be extended as if it were surveyed. The lines of any other recorded survey may be used to describe the project, provided, the relation to the lines of the nearest adjacent public land survey is shown.
(c) Points of original diversion, and of rediversion from any natural stream, must be shown either by (1) bearing and distance or co-ordinate distances from some corner of a recorded survey if such a corner exists within a distance of two miles; (2) bearing and distance or co-ordinate distances from some permanent monument or a natural object which can be readily found and recognized, such as the confluence of two known streams; or (3) co-ordinates and zone of the California Co-ordinate System.
(d) The place of use shall be identified by reference to 40-acre subdivision, section, township, range and meridian of the public land survey or projection thereof, or by reference to the smallest subdivision of some other recorded survey if more commonly used within the project area except as otherwise provided in Section 719. If described by reference to some other recorded survey, the lines of the public land survey, or projection thereof, should be shown. The 40-acre subdivisions of the public land survey will be assumed regular unless it be shown otherwise.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Renumbering and amendment of former Section 715, and renumbering and amendment of Section 673 to Section 715 filed 1-16--87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 73, No. 19 and 60, No. 5.
2. Editorial correction amending subsection (c) (Register 2005, No. 17).
§716. Maps for Minor Projects.
Note • History
For minor projects smaller than those specified in Section 717, the board will provide blank township plats upon which the maps may be submitted or the required information may be submitted on U.S.G.S. quadrangle or topographic maps.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Repealer of former Section 716, and renumbering and amendment of Section 679 to Section 716 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 73, No. 19 and 67, No. 49.
§717. Maps for Larger Projects.
Note • History
The following additional maps are required for (1) appropriating more than three cubic feet per second, or (2) constructing a dam which will be under the jurisdiction of the Department of Water Resources for safety, as defined in Sections 6002 and 6003 of the Water Code, or (3) creating a reservoir with a surface area in excess of ten acres, or (4) appropriating more than 1,000 acre-feet per annum by underground storage. (For good cause, the Chief, Division of Water Rights may waive the following requirements for projects defined in (3) above.)
(a) Maps shall be submitted which were prepared by a civil engineer or land surveyor registered or licensed in the State of California.
(b) An original map and one copy are required. The original shall be accurately and permanently rendered to a suitable scale on linen, mylar or equivalent material; the other may be a print thereof.
(c) All maps shall be titled, show the meridian and scale and bear the California certificate and registration number of the engineer or surveyor. The certificate shall: state the name and address of the person making the certificate and whether the map was prepared by him or under his supervision; indicate the source of the information shown thereon, including the dates of actual surveys if such were made; certify that it correctly represents the works described in the accompanying application, the location of streams and ditches in the immediate vicinity, and the acreage to be irrigated; be concluded by the date, signature, and California certificate number of the engineer or surveyor. The following example is a typical certificate:
CERTIFICATE OF ENGINEER (SURVEYOR)
I, John Doe, of 100 Main Street, Sacramento, California, do hereby certify that this map was prepared by me from notes taken during an actual survey made by me (or under my immediate supervision) on _______________________, 20___, (and/or from U.S. Geological Survey 7.5-minute Lincoln and Roseville Topographic quadrangles,) and that it correctly represents the project described in the accompanying application and shows the location of streams and ditches in the immediate vicinity.
/s/ John Doe
___________________________
___________________________
(date)
California Civil Engineer (Surveyor) Certificate No._________
(d) Contour maps of surface reservoirs shall be submitted with contour intervals not greater than:
Height of dam Maximum contour interval
300 feet or over 40 feet
100 feet or over, but less than 300 feet 20 feet
30 feet or over, but less than 100 feet 10 feet
Less than 30 feet 5 feet
For dams less than five feet high, the high water contour shall be shown and the elevation of the maximum and minimum water surfaces shall be stated.
(e) All contour maps shall show the high water line and state the elevation thereof, and include an area-capacity curve or table.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Repealer of former Section 717, and renumbering and amendment of Section 680 to 717 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 80, No. 48 and 73, No. 19.
2. Change without regulatory effect amending subsection (c) filed 9-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 39).
§718. Requirements for Municipal Purposes.
Note • History
Maps accompanying applications for municipal purposes shall show the location of the place of use by outer boundaries. Sections and townships of the public land survey or projections shall be superimposed upon the map.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Renumbering and amendment of Section 677 to Section 718 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 55, No. 17.
§719. Requirements for Irrigation Purposes.
Note • History
Where irrigation is proposed by a public district organized under statute, a public utility, or a mutual water company, the exterior boundaries of the general service area may be shown in lieu of compliance with the provisions of Section 715(d). Where irrigation of very large areas is proposed, the board may, in its discretion, waive compliance with the provisions of Section 715(d) and accept as sufficient an identification of the exterior boundaries of the general area to be irrigated.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Editorial correction (Register 60, No. 8).
4. Amendment of subsection (e) filed 5-9-74; effective thirtieth day thereafter (Register 74, No. 19).
5. Renumbering and amendment of former Section 719 to Section 745, and renumbering and amendment of former Section 674 to Section 719 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§719.5. Claim of Right Without Compliance with Statutory Procedure.
History
HISTORY
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 719.5 to Section 746, filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§720. Requirements for Power Purposes.
Note • History
(a) Maps accompanying applications for power purposes shall show the point of diversion, the conduit, penstock and power house and, the point at which the water is returned to the stream.
(b) Applicants applying for more than 3 cubic feet per second direct diversion or 200 acre-feet per annum, shall submit a profile of the penstock on which appears in figures, the elevation of the nozzle if an impulse wheel is to be used, or the elevation of the water surface at the draft tube if a reaction wheel is to be used, and the elevation of the first free water surface above the penstock. The difference between these two elevations must equal the total fall to be utilized.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260, 1261 and 1531, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 720 to Section 747 and 753, and renumbering and amendment of Section 675 to Section 720 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, No. 9.
§721. Requirements for Mining Purposes.
Note • History
Maps accompanying applications for mining purposes shall show the location of the claims and of the mill if water is to be used in a mill. If water is returned to the stream, the point of return shall be shown.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Renumbering and amendment of former Section 721 to Section 748, and renumbering and amendment of Section 676 to Section 721 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79, No.2 and 76, No. 36.
§722. Maps for Underground Storage.
Note • History
Maps accompanying applications for underground storage shall show the location of points of diversion or rediversion to underground storage, the conduit system, the areas, estimated capacities and locations of spreading grounds, the areas, capacities, and locations of underground reservoirs, and the places of measurement of water diverted to underground storage, and the place of use.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 722 to Section 749, and renumbering and amendment of Section 689 to Section 722 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§722.5. Abandonment of Protest.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2, Water Code.
HISTORY
1. New section filed 9-3-76, effective thirtieth day thereafter (Register 76, No. 36).
2. Renumbering and amendment of former Section 722.5 to Section 750 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§723. Requirements for Other Purposes.
Note • History
(a) Maps for applications for industrial purposes outside of a municipality or for domestic, recreational, stockwatering, or other purposes not named herein, shall show the location of the place of use by sections, township and range of the public land survey and the 40-acre subdivision thereof.
(b) Maps accompanying applications for domestic use within subdivisions, forest service tracts, etc., shall show the place of use by tract name or number and lot numbers as well as by 40-acre subdivision, section, township, and range.
(c) If the place of use is in an area not covered by a public land survey, the nearest lines of the public land survey should be extended and shown on the map.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5)
2. Renumbering and amendment of former Section 723 to Section 751, and renumbering and amendment of Section 678 to Section 723 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
3. Editorial correction amending subsection (b) (Register 2005, No. 17).
§724. Filing and Application Without Maps--When Allowed.
Note • History
For preliminary purposes, the application may be filed without maps or with such maps as are within the present ability of applicant to supply.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1052, 1260 and 1261, Water Code.
HISTORY
1. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
2. Renumbering and amendment of former Section 724 to Section 752, and renumbering and amendment of Section 681 to Section 724 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§725. Deferral of CEQA Documents.
Note • History
NOTE
Specific authority cited: Sections 1058 and 13991(g), Water Code. Specific reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water Code; and Divisions 1-2, Title 7, Government Code.
HISTORY
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§728. Board May Conduct--Co-Operation by Parties.
History
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of Section 728 to Section 755 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§729. Benefits and Detriments; Alternative Projects.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code.
HISTORY
1. New section filed 3-27-75; effective thirtieth day thereafter (Register 75, No. 13).
2. Renumbering and amendment of Section 729 to Section 756 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 8. Special Situation Applications
§730. Adding Power Plants to Existing Works.
Note • History
(a) Persons having a permit or license for the use of water may petition the board to add power use to the permit or license as a beneficial use when the use of water for power can be accomplished with no change in the streamflow regime.
See Section 799 concerning petition for change to allow the addition of power plants to existing works.
(b) A new application must be filed when:
(1) Use of the water for power will change the stream flow regime; or
(2) The applicant does not have a permit, license or other legal right to the water to be appropriated; or
(3) The applicant has a permit or license, but additional water will be used above the maximum amount of water allowed under the existing permit or license.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 106.7, 110, 1200, 1250.5, 1252, 1490 and 1491, Water Code.
HISTORY
1. New Section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For history of former Section 730, see Register 60, No. 8.
§731. Applications for Water Where an Existing Right Is Claimed.
Note • History
(a) A person who claims an existing right to the use of water shall be granted a permit or license to appropriate no more water than is needed over that which is available under the existing right to meet the beneficial use requirements of the project. In implementing this requirement, the board will accept an application for an amount of water equal to the total reasonable requirements of a project where the existing right asserted for a common place of use has not been adjudicated or otherwise finally determined. Any permit or license issued by the board pursuant to such an application shall contain a condition which will limit the quantity of water appropriated under the permit or license to the face value of the permit or license less any water available under an existing right subsequently determined to exist for the same place of use in any adjudication or other legally binding proceeding.
(b) Where an applicant claims an existing right to the use of water within the proposed place of use, the applicant shall describe the nature, amount, season, points of diversion and place of use of such claim together with the priority asserted. If the existing right is evidenced by a court decree or other legally binding document, the applicant shall submit a copy of such document unless the board already has a copy in its records.
(c) Any person who obtains a permit or license for a particular place of use and thereafter transfers an existing water right for the same place of use to another place of use without the prior approval of the board shall forfeit all rights under the permit or license.
(d) Any person who obtains a permit or license for a particular place of use without claiming an existing water right for the same place of use and who thereafter exercises a claimed existing right for that place of use without the prior approval of the board shall forfeit all rights under the permit or license.
(e) Any permit or license issued to a person who claims an existing water right for the same place of use shall contain a term requiring the permittee or licensee to take and use water under the existing right only in accordance with law. The permittee or licensee will then be subject to enforcement action by the board for violation of this permit term if the permittee or licensee takes water for there is no entitlement under the existing right in combination with the permit or license.
(f) Any person who has previously obtained a permit or license containing a term obligating the permittee or licensee to waive an existing right for so long as the permit or license remains in effect may have this term deleted upon agreement to be subject to the provisions of subsections (a) through (e) of this section.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275, 1201, 1202, 1253, 1255, 1375, 1410, 1675 and 1701, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Renumbering and amendment of former Section 731 to Section 766, and renumbering and amendment of Section 653(b) to Section 731 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 81, No. 11.
§732. Relationship of Applicant and User.
Note • History
(a) Filing for Service of a Subdivision. If the applicant is the owner of a subdivision and intends merely to construct and operate the diversion system pending the time that the purchasers of the lots can themselves take over and manage the diversion system, the conditions under which title to the water right shall pass to the purchasers must be clearly established.
(b) Establishment of Relationships. When the applicant will not use the water to be appropriated, but will distribute or supply it to others, the relationship between applicant and the water users must be clearly established.
(c) Jurisdiction of Public Utilities Commission. The board may require sufficient information to indicate whether a proposed distribution of water will be subject to the jurisdiction of the Public Utilities Commission.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1253 and 1375, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 12-15-72; effective thirtieth day thereafter (Register 72, No. 51).
3. Renumbering and amendment of former Section 732 to Section 763, and renumbering and amendment of Sections 754, 755 and 756 to Sections 732 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
4. Editorial correction amending subsection (a) (Register 2005, No. 17).
Note • History
Applications proposing underground storage shall include the following information upon a form that will be supplied by the board:
(a) The location of each point where it is proposed to divert or redivert water from a natural channel to spreading grounds away from the stream, or to take water under control for direct percolation into the stream channel. All locations shall be described in the manner detailed in Section 715(c).
(b) A description of the physical works used to divert and convey the water and to accomplish the underground storage, including the headworks, conduits and spreading grounds; the capacities of the conduits and spreading grounds; the underground reservoirs, including the projected surface areas and capacities thereof; and the method and points of measurement of the water diverted to and withdrawn from underground storage.
(c) In event an application proposes both surface diversion and underground storage, the appropriate paragraph of the regular form shall be completed regarding surface diversion and in addition the underground features shall be described in the special form as provided in this section.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 1260 and 1261, Water Code.
HISTORY
1. Amendment of subsection (f) filed 5-11-73; effective thirtieth day thereafter (Register 73, No. 19). For prior history, see Register 71, No. 48.
2. Amendment of subsection (a) filed 3-3-78; effective thirtieth day thereafter (Register 78, No. 9).
3. Repealer of subsection (f) filed 7-6-79; effective thirtieth day thereafter (Register 80, No. 3).
4. Renumber of subsections (g), (h), (i), (j), and (k) to (f), (g), (h), (i), and (j) filed 1-16-80 as procedural and organizational, effective thirtieth day thereafter (Register 80, No. 3). 5. Renumbering and amendment of former Section 733 to Section 761, and renumbering and amendment of Section 688 to Section 733 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§733.5. Witnesses and Exhibits.
Note • History
NOTE
Authority cited: Section 185 and 1058, Water Code. Reference: Sections 183 and 1051, Water Code.
HISTORY
1. New section filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 27).
2. Renumbering and amendment of Section 733.5 to Section 762 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§734. Applications Within the California Wild and Scenic Rivers System.
Note • History
(a) No application which proposes an appropriation of water in connection with construction of a dam, reservoir, or other water impoundment facility on any river designated in Public Resources Code Section 5093.54 will be accepted for filing.
(b) An application which proposes an appropriation of water which could affect any river designated in Public Resources Code Section 5093.54, will be accepted for filing. The Secretary of the Resources Agency will be provided special notice of any such application.
No permit shall be issued if the board finds that the appropriation would impair the extraordinary scenic, recreational, fishery, or wildlife values of any such designated river.
(c) An application which proposes an appropriation of water in connection with construction of a water diversion facility on any river designated in Public Resources Code Section 5093.54, other than a dam, reservoir, or other water impoundment facility, will be accepted for filing; provided, no permit shall be issued on any such application unless the Secretary of the Resources Agency first determines (1) that such facility is needed to supply domestic water to the residents of the county or counties through which the river flows, and (2) that such facility will not adversely affect its free-flowing condition or natural character. Such determination shall be in addition to other findings which the board is required by law to make.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 5093.55, 5093.56 and 5093.61, Public Resources Code; and Section 1252, Water Code.
HISTORY
1. New Section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For history of former Section 734, see Registers 78, No. 9, 71 No. 43, and 60,No. 5.
2. Editorial correction of Note (Register 2002, No. 39).
Note • History
(a) Budding grape vines and certain other crops in the Napa Valley may be severely damaged by spring frosts. During a frost, the high instantaneous demand for water for frost protection by numerous vineyardists and other water users frequently exceeds the supply in the Napa River stream system. This results in uncoordinated diversions and possible infringements upon other rights. Therefore, all diversions of water from the stream system between March 15 and May 15 determined to be significant by the board or a court of competent jurisdiction shall be considered unreasonably and a violation of Water Code Section 100 unless controlled by a watermaster administering a board or court approved distribution program. Diversions for frost protection and irrigation during this period shall be restricted to: (1) replenishment of reservoirs filled prior to March 15 under an appropriative water right permit, or (2) diversions permitted by the court.
(b) The service area of the distribution program may be revised at any time by order of the board or the court. The board will retain jurisdiction to revise terms and conditions of all frost protection permits should future conditions warrant.
(c) Under this section diversion of water during the spring frost season from March 15 to May 15 to replenish water stored in reservoirs prior to the frost season is “regulation,” as defined in Article 2, Section 657: Replenishment diversion must be to reservoirs for which a permit or license authorizing winter storage prior to the frost season has been issued.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1051.5, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 27).
3. Repealer of former Section 735, and renumbering and amendment of former Sections 659 and 660 to Section 735 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, No. 41.
4. Editorial correction amending subsection (a) (Register 2005, No. 17).
§736. Petitions for Assignment or Release from Priority of Applications Filed Pursuant to Part 2, of Division 6, Sections 10500 et seq. of the Water Code.
Note • History
(a) Petitions for assignment or release from priority of an application filed pursuant to Section 10500 of the Water Code need not be in any particular form.
(b) Petitions for assignment must be submitted in duplicate and, if the application is not complete, must include a proposed completed application which complies with the requirements set forth in Articles 1 through 7 and Article 10 of this subchapter, to the extent each is applicable.
(c) A petition for assignment or release from priority will not be accepted for filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division.
(d) If the proposed completed application fails to conform with legal requirements, it will be returned to the petitioner with a statement of the defects.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1252, 1260, 1525, 19594 and 10504.1, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 736 to Section 765, and renumbering and amendment of Section 800 to Section 736 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, No. 9.
3. Amendment of subsection (c) and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§736.1. Hearings in Response to Drought Emergency Conditions.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275 and Division 2, Water Code.
HISTORY
1. New section filed 1-31-77 as an emergency; effective upon filing (Register 77, No. 6).
2. Certificate of Compliance filed 4-20-77 (Register 77, No. 17).
3. Renumbering and amendment of Section 736.1 to Section 767 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§737. Time of Filing Petitions.
Note • History
Two or more petitions for assignment or release from priority of the same application will be considered on their merits without regard to which was filed first.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 10504.01, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 737 to Section 760, and renumbering and amendment of former Section 801 to Section 737 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 65, No. 20.
4. Editorial correction amending section (Register 2005, No. 17).
5. Change without regulatory effect amending section filed 4-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 14).
§737.1. Reconsideration of Board Decisions and Orders.
History
HISTORY
1. Renumbering and amendment of Section 737.1 to Section 768 filed 1-16-87; effective thirtieth day thereafter (Register 87, N. 10). For prior history, see Register 75, No. 21.
§737.2. Petition for Reconsideration.
History
HISTORY
1. Renumbering and amendment of former Section 737.2 to Section 769 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
History
HISTORY
1. Renumbering and amendment of Section 737.4 to Section 770 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
§737.5. Procedure Relating to Hearings.
History
HISTORY
1. Renumbering and amendment of Section 737.5 to Section 771 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
Note • History
Protests to either a petition for assignment or release from priority or to a proposed completed application must be submitted within the time stated in the notice issued by the board or such further time as may be allowed for cause by the board.
NOTE
Additional authority cited: Section 1058, Water Code. Reference: Section 10504.01, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 738 to Section 791, and renumbering and amendment of Section 802 to Section 738 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 65, No. 20.
History
HISTORY
1. New section filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
2. Renumbering and amendment of former Section 738.5 to Section 792 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§739. Hearings of Petitions for Release from Priority.
Note • History
Whenever practicable, the hearing of a petition for release from priority will be combined with the hearing of the application in favor of which the release is requested.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252, 10504.01, 10504.02 and 10504.1, Water Code.
HISTORY
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering from 738.5 and amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
4. Renumbering and amendment of former Section 739 to Section 793, and renumbering and amendment of Section 803 to Section 739 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 65, No. 20.
History
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering from 739 and amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of Section 740 to Section 714 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. Renumbering from 740 and amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). For history of former Section 741, see Register 60, No. 5.
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
3. Renumbering and amendment of Section 741 to Section 795 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 742 to Section 796 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§743. Changes Prior to Notice of an Application.
History
HISTORY
1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 743 to Section 797 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§744. Changes to Cover Incidental Uses of a Reservoir.
History
HISTORY
1. New section filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Renumbering and amendment of Section 744 to Section 798 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 9. Protests and Answers
Note • History
Protests shall be submitted in writing with a duplicate copy to the applicant and shall substantially comply with the following requirements.
(a) Each protest shall include the name and address of the protestant and show that the protestant has read either the application or the related notice.
(b) If the protest is based on interference with a prior right, there shall be an allegation of specific injury to protestant which will result from the proposed appropriation. The protest shall state the basis of protestant's claim of right to use water and when the use began, the use which has been made in recent years, and present use. The location of protestant's point of diversion shall be described with sufficient accuracy so that the position thereof relative to the point of diversion proposed by applicant may be determined.
(c) The allegation that the proposed appropriation would not be within the board's jurisdiction, would not best conserve the public interest or public trust uses, would have an adverse environmental impact, or would be contrary to law shall be accompanied by a statement of facts supporting the allegation.
(d) Protestant should call attention to any amendment of the application or other grounds for settlement which, if agreed upon, would result in withdrawal of the protest.
(e) The protest shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1330 and 1331, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).
HISTORY
1. Renumbering and amendment of Section 719 to Section 745 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 19.
§746. Claim of Right Without Compliance with Statutory Procedure.
Note • History
A protest based upon a claim of interference with an alleged appropriative or prescriptive right which has not been adjudicated and which is based solely upon use of water commenced since December 19, 1914, without compliance with statutory procedure, will not be accepted.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1330 and 1331, Water Code; and People v. Shirokow, 26 Cal.3d 301, 162 Cal.Rptr. 30, 605 P.2d 859 (1980).
HISTORY
1. Renumbering and amendment of Section 719.5 to Section 746 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 60, No. 5 and 55, No. 17.
Note • History
Protests shall be filed within the time stated in the notice of the application or such further time as may, for good cause, be allowed by the board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1331 and 1331, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 747 to Section 775, and renumbering and amendment of Section 720 to Section 747 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§748. Service of Supplements and Correspondence.
Note • History
A copy of any supplement to the protest or letter concerning the protest shall be served upon the opposing party.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1330, 1331, 1340, 1341, 1350 and 1352, Water Code.
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 748 to Section 776, and renumbering and amendment of Section 721 to Section 748 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, No. 36.
Note • History
A protest will not be accepted if it fails substantially to comply with the requirements of Section 745, fails to state a valid ground of protest, or is based upon issues which are not within the jurisdiction of the board; provided, however, that the board will allow reasonable opportunity to correct a protest or to reach a settlement with the applicant. Since an upstream water user can take water before it reaches a downstream applicant, a protest based upon interference with a prior right of such upstream user normally will not be accepted.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1304 and 1331, Water Code.
HISTORY
1. Amendment filed 12-1-55, effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60 effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 749 to Section 777, and renumbering and amendment of Section 722 to Section 749 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Failure of a protestant to respond to correspondence from the board concerning the protest may be interpreted as an abandonment of interest therein. Should such failure occur, the board may, by certified mail, direct the protestant to respond. Failure to respond to such direction within 30 days from the date upon which the letter is received shall be deemed an abandonment of the protest and the protest shall be dismissed without further notice.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1304, 1331, 1331, 1340, 1341, 1342, 1351 and 1352, Water Code.
HISTORY
1. Renumbering and amendment of Section to Section 750 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, No. 36.
Note • History
The applicant should file an answer to each protest. To facilitate resolution of protests, answers shall be filed not later than 15 days following notification of acceptance of the protest, unless additional time is allowed by the board. A copy of the answer shall be served on the protestant. A statement that protestant has been served shall be filed with the answer together with an indication of the manner of service.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252 and 1330, Water Code.
HISTORY
1. Renumbering and amendment of Section 724 to Section 752 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64, NO. 6.
Note • History
If the applicant files an answer to a protest, the answer shall be responsive to the allegations contained in the protest. It should indicate the line of defense which will be presented and any possibilities for settlement of the protest which the applicant may suggest.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1252 and 1330, Water Code.
HISTORY
1. Renumbering and amendment of Section 724 to Section 752 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64, No. 6.
§753. Extension of Time for Negotiation.
Note • History
A request for extension of time within which to file a protest or answer thereto in order to enable negotiation of conflicting claims shall be accompanied by a showing of diligent good faith efforts to reach an agreement between the parties with reasonable prospects of success.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1220 and 1331, Water Code.
HISTORY
1. Renumbering and amendment of Section 720 to Section 753 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§754. Establishment of Relationship.
History
HISTORY
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of Section 754 to Section 762 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 10. Investigations
§755. Board May Conduct -- Cooperation by Parties.
Note • History
The board may, in its discretion, conduct a field investigation of the water and other resources affected by an application. The parties may be requested to confer and cooperate with the engineer and other representatives of the board designated to carry our such investigations.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1250, and 1251, Water Code; and Sections 21082, 21082.2 and 21100, Public Resources Code.
HISTORY
1. Renumbering of former Section 760 to Section 755 and amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 755 to Section 732, and renumbering and amendment of Section 728 to Section 755 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§756. Benefits and Detriments; Alternative Projects.
Note • History
(a) Analysis. The board shall at the request of any party or on its own motion, to the extent practicable, identify and evaluate the benefits and detriments, including but not limited to economic and environmental factors, of the present and prospective beneficial uses of the waters involved and alternative means of satisfying or protecting such uses, and make findings with respect thereto. For example, if releases of stored water may be required in connection with a project, any party may request that the board analyze the potential benefits and detriments, if any, of such releases. These benefits and detriments may be both economic and environmental. Some examples are possible enhancement or mitigation of flows and enhancement or mitigation of water quality downstream which may, in turn, result in economic benefit or economic mitigation to downstream water users and cause a reduction in economic benefit to direct users of project water by reducing the amount of water available for their use.
(b) Source of Information. The applicant may be required, and other parties may be requested, to provide such information as is determined necessary by the board to prepare the evaluation provided for by this section. The board will use the environmental documents prepared for the project and evidence received in any proceeding relative to the application as sources of information to the fullest extent possible.
(c) Time for Filing Request. Any request by a party that the board make the evaluation called for by this section must be received prior to the date of notice of hearing or notice that the board will conduct proceedings in lieu of hearing.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 100, 174, 275, 1242.5, 1243, 1251, 1253, 1256, 1257, 1258, 1391, 1394, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, Water Code.
HISTORY
1. Renumbering of former Section 758 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of former Section 756 to Section 732, and renumbering and amendment of Section 729 to Section 756 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 13.
§757. Filing for Service of a Subdivision (Leasing).
History
HISTORY
1. Repealer filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
Article 11. Hearings and Proceedings in Lieu of Hearing
§760. Hearings on Water Right Applications and Other Water Right Matters.
Note • History
Adjudicative hearings on water right applications and other water right matters shall be conducted in accordance with the procedures set forth in article 2 of chapter 1.5 of this division. Nothing in this section shall limit the Board's authority to conduct nonadjudicative informational hearings.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 1051, 1342, 1345, 1346, 1347, 1348, 1350, 1391 and 1394, Water Code.
HISTORY
1. New Article 17.1 (Section 760) filed 11-24-71; effective thirtieth day thereafter (Register 71, No. 48).
2. Renumbering and amendment of former Section 760 to Section 700, and renumbering and amendment of Section 737 to Section 760 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
3. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
4. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1251 and 1353, Water Code.
HISTORY
1. New Article 17.2 (§§761, 762, 763) filed 3-23-73; effective thirtieth day thereafter (Register 73, No. 12). 2. Amendment of subsection (a) filed 3-27-75; effective thirtieth day thereafter (Register 75, No. 13).
2. Amendment of subsection (a) filed 1-28-77; effective thirtieth day thereafter (Register 77, No. 5).
3. Amendment filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
4. Renumbering and amendment of former Section 761 to Section 780, and renumbering and amendment of Section 733 to Section 761 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 80, No. 3.
5. Editorial correction amending numerical sequence of Histories (Register 98, No. 13).
6. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
7. Permanent repealer filed 3-31-99 (Register 99, No. 14).
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183 and 1051, Water Code.
HISTORY
1. Renumbering and amendment of former Section 762 to Section 781, and renumbering and amendment of Section 735.5 to Section 762 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79, No. 27 and 78, No. 12.
2. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
3. Permanent repealer filed 3-31-99 (Register 99, No. 14).
§762.5. Passage of Water for Fish.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code.
HISTORY
1. New section filed 4-24-75; effective thirtieth day thereafter (Register 75, No. 17).
2. Renumbering and amendment of Section 762.5 to Section 782 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 1080, 1082, 1083, 1084, 1085, 1086 and 1090, Water Code.
HISTORY
1. Amendment filed 2-28-75; effective thirtieth day thereafter (Register 75, No. 9). For prior history, see Register 73, No. 12.
2. Renumbering and amendment of former Section 763 to Section 783, and renumbering and amendment of Section 732 to Section 763 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
3. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
4. Permanent repealer filed 3-31-99 (Register 99, No. 14).
§763.5. Release of Stored Water.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2, Division 2, Water Code.
HISTORY
1. New section filed 3-27-75; effective thirtieth day thereafter (Register 75, No. 13).
2. Amendment of subsection (b) filed 10-1-75; effective thirtieth day thereafter (Register 75, No. 40).
3. Renumbering and amendment of Section 763.5 to Section 784 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
The board may hold a hearing to obtain evidence necessary to allow it to adopt or amend a water quality control plan pursuant to Water Code Section 13170 in combination with a hearing regarding a specific water right application or petition for a change, or in connection with a hearing regarding an exercise of the board's reserved jurisdiction. Whenever the board decides to hold a combined hearing and to make only one record for the combined proceeding, the board's hearing shall meet all of the requirements of Part 2 (commencing with Section 1200) of Division 2 of the Water Code.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 179, 179.6 and 183, Water Code.
HISTORY
1. New Article 17.3 (Sections 764, 764.5-764.8) filed 1-25-74; effective thirtieth day thereafter (Register 74, No. 4).
2. Amendment filed 6-26-75; effective thirtieth day thereafter (Register 75, No. 26).
3. Renumbering and amendment of former Section 764 to Section 820, and new Section 764 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§764.5. Investigation of Complaints.
History
HISTORY
1. Renumbering and amendment of Section 764.5 to Section 821 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
History
HISTORY
1. Renumbering and amendment of Section 764.6 to Section 822 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
§764.7. Action on the Board's Own Motion.
History
HISTORY
1. Renumbering and amendment of Section 764.7 to Section 823 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
History
HISTORY
1. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, Chapter 2.5, Division 1 and Part 2, Division 2, Water Code.
HISTORY
1. New section filed 1-28-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Renumbering and amendment of Section 764.9 to Section 855 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
NOTE
Authority cited: Section 1058, Water Code.
HISTORY
1. New Article 17.4 (Sections 764.10-764.13) filed 5-22-75; effective thirtieth day thereafter (Register 75, No. 21).
2. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 26).
3. Renumbering and amendment of Section 764.10 to Section 856 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§764.11. Notifications and Orders.
History
HISTORY
1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 26). For prior history, see Register 75, No. 21.
2. Renumbering and amendment of Section 764.11 to Section 857 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§764.12. Noncompliance with Order: Revocation of Entitlement.
History
HISTORY
1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 26).
2. Change without regulatory effect repealing section filed 3-26-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 13).
§764.13. Noncompliance with Order: Enforcement by Attorney General.
History
HISTORY
1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 26).
2. Change without regulatory effect repealing section filed 3-26-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 13).
§764.14. Alternative Procedure.
Note • History
The procedures established in this article shall be construed as alternative to, and not exclusive of, the procedures established in Chapter 5 of Title 23, California Administrative Code, in accordance with Section 4007 therein.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 275, Water Code.
HISTORY
1. New section filed 7-6-79; effective thirtieth day thereafter (Register 79, No. 27).
§764.20. Conservation and Protection of Water Within the Sacramento-San Joaquin Delta and Its Tributary Streams.
Note • History
NOTE
Additional authority cited: Sections 100, 275, 13000-13001 and 13140, Water Code. Reference: Chapters 1 and 3, Division 7, Water Code.
HISTORY
1. Repealer filed 2-9-78 as an emergency; effective upon filing (Register 78, No. 6). For prior history, see Register 77, Nos. 24, 33 and 51.
2. Certificate of Compliance as to 2-9-78 repealer filed 4-14-78 (Register 78, No. 15).
§765. Hearings to Be Held Promptly.
Note • History
Protested applications will be heard as promptly as practicable in light of all the circumstances. Requests for inordinate delay of hearings or in conducting stipulated proceedings in lieu of hearing will be denied.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 179.6, 183 and 1051, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 765 to Section 830, and renumbering and amendment of Section 736 to Section 765 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§766. Failure to Appear--Effect.
Note • History
Any party who fails to appear at a hearing will not be entitled to a further opportunity to be heard unless good cause for such failure is shown to the board within five days thereafter. The lack of such showing of good cause may, in the discretion of the board, be interpreted as an abandonment of interest in the application.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 183 and 1352, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 766 to Section 831, and renumbering and amendment of Section 731 to Section 766 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64, No. 6.
§767. Hearings in Response to Drought Emergency Conditions.
Note • History
(a) Any hearing held to consider the taking of action in response to drought emergency conditions shall receive calendar priority over other matters pending hearing before the board.
(b) The board shall give notice of any hearing to consider action in response to drought emergency conditions at least seven days prior to the hearing. The provisions of Section 648.4 of Article 2, relating to submitting proposed exhibits, shall not apply to any such hearing. The time for submitting such materials shall be as specified in the hearing notice.
(c) In addition to any other issues specified in the hearing notice as issues upon which the parties should submit information, the parties to any such hearing shall address the following issues: (1) Existence of a bona fide drought emergency, including information to enable evaluation of the seriousness of the emergency; (2) water conservation measures which have been implemented in the area being served; and (3) availability of alternative sources of water supply, including reclaimed water.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, 1425, 1427, 1428, 1430 and 1431, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60 , No. 5). (Ed. Note-Similar to former Section 766.)
2. Renumbering and amendment of former Section 767 to Section 832, and renumbering and amendment of Section 736.1 to Section 767 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 17.
3. Change without regulatory effect amending subsection (b) filed 9-25-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 39).
4. Editorial correction amending subsection (a) (Register 2005, No. 17).
Article 12. Reconsideration and Amendments of Board Water Right Decision and Orders
§768. Reconsideration of Board Decisions and Orders.
Note • History
No later than thirty (30) days after adoption by the board of a decision or order, any person interested in any application, permit or license affected by the decision or order may petition the board for reconsideration of the matter upon any of the following causes:
(a) Irregularity in the proceedings, or any ruling, or abuse of discretion, by which the person was prevented from having a fair hearing;
(b) The decision or order is not supported by substantial evidence;
(c) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced;
(d) Error in law.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1122 and 1123, Water Code.
HISTORY
1. Repealer of former Section 768, and renumbering and amendment of Section 737.1 to Section 768 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
2. Change without regulatory effect amending Note filed 4-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 14).
§769. Petition for Reconsideration.
Note • History
(a) Any petition for reconsideration of a decision or order shall be submitted in writing and shall contain the following:
(1) Name and address of the petitioner.
(2) The specific board action of which petitioner requests reconsideration.
(3) The date on which the order or decision was made by the board.
(4) The reason the action was inappropriate or improper.
(5) The specific action which petitioner requests.
(6) A statement that copies of the petition and any accompanying materials have been sent to all interested parties.
(b) If reconsideration is requested based in whole or in part on Section 768, subdivision (c), the petition shall include an affidavit or declaration under penalty of perjury stating that additional evidence is available that was not presented to the board and the reason it was not presented. A general statement of the nature of the evidence and of the facts to be proved shall also be included.
(c) The petition shall be accompanied by a statement of points and authorities in support of legal issues raised in the petition.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1122 and 1123, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 769 to Section 833, and renumbering and amendment of Section 737.2 to Section 769 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
3. Change without regulatory effect amending subsection (b) and Note filed 4-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 14).
Note • History
(a) The board may:
(1) Refuse to reconsider the decision or order if the petition fails to raise substantial issues related to the causes for reconsideration set out in Section 768; or
(2) After review of the records, including any hearing transcript and any material submitted in support of the petition:
(A) Deny the petition upon a finding that the decision or order was appropriate and proper; or
(B) Set aside or modify the decision or order; or
(C) Take other appropriate action.
Before taking final action, the board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 183, 1122 and 1123, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 770 to Section 834, and renumbering and amendment of Section 737.4 to Section 770 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
3. Editorial correction amending subsection (a)(1) (Register 2005, No. 17).
4. Change without regulatory effect amending Note filed 4-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 14).
§771. Procedure Relating to Hearings.
Note • History
The provisions of Article 11 of the subchapter insofar as they are applicable shall govern hearings under this article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051, 1080, 1122 and 1123, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of former Section 771 to Section 835, and renumbering and amendment of Section 737.5 to Section 771 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 21.
3. Change without regulatory effect amending Note filed 4-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 14).
§772. Issuance of Separate Permits and Licenses.
History
HISTORY
1. New section filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
2. Renumbering and amendment of Section 772 to Section 836 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 13. Right of Access
§775. Right of Access Over Lands Not Owned by Applicant.
Note • History
When the applicant will need to occupy property or to use existing works not owned by him, it will generally be sufficient for the applicant to state in writing that the consent of the owner has been obtained, provided there is no denial. When the owner will not consent, the board may require satisfactory evidence of the applicant's ability through condemnation proceedings or otherwise to secure the necessary right of access before the application will be approved. For good cause shown, the board may allow reasonable time for the applicant to negotiate with the owner for the necessary right of access.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1252, 1253, 1257 and 1260, Water Code.
HISTORY
1. Renumbering and amendment of Section 747 to Section 775 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Editorial correction amending section (Register 2005, No. 17).
§776. Where Public Agency Permission or Approval Is Required.
Note • History
If the proposed project will require a permit, license, or approval from another public agency or officer and it become evident that regardless of the action taken by the board, such permit, license, or approval could not be secured from the proper agency, the application will be rejected.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1255, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed. Note--Similar to former Section 778.)
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Renumbering and amendment of former Section 776 to Section 840, and renumbering and amendment of Section 748 to Section 776 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§776.5. Requests for Extension of Time Under Permit.
History
HISTORY
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Repealer filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
§777. Right of Access over Lands Where Title Is Disputed.
Note • History
The board will not undertake to determine title to land or the right to occupy or use land or other property. A dispute concerning applicant's title or right to occupy or use land or other property necessary for consummation of the proposed appropriation is not cause for denial of an application. A protest based solely upon such disputed title or right will ordinarily be rejected as not presenting an issue within the board's jurisdiction; provided that the board may temporarily defer action on an application pending judicial determination of applicant's title or right to occupy or use property when in the board's judgment such action is justified.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1250, Water Code.
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed. Note - Similar to former Section 776.)
2. Renumbering and amendment of former Section 777 to Section 841, and renumbering and amendment of Section 749 to Section 777 filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§778. Request for Extension of Time Under Permits.
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed. Note--Similar to former Section 776.5.)
2. Renumbering and amendment of Section 778 to Section 842 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§778.5. Notice of Petitions and Protests.
History
HISTORY
1. New section filed 5-9-74; effective thirtieth day thereafter (Register 74, No. 19).
2. Amendment of subsection (a) filed 1-28-76; effective thirtieth day thereafter (Register 76, No. 5).
3. Renumbering and amendment of Section 778.5 to Section 843 filed 1-16-87 effective thirtieth day thereafter (Register 87, No. 10).
§779. Cause for Extension of Time.
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No. 6).
3. Amendment filed 12-24-71; effective thirtieth day thereafter (Register 71, No. 48).
4. Editorial correction (Register 72, No. 27).
5. Renumbering and amendment of Section 779 to Section 844 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 14. Standard Permit Terms and Conditions
Note • History
The board maintains a list of Standard Permit Terms, applicable portions of which are included in all permits. Copies of the Standard Permit Terms are available upon request. In addition to the applicable standard terms which are included in each permit, the following terms shall be included in every water right permit issued by the board, and shall be included in every existing permit as a condition for granting an extension of time to commence or to complete construction work or to apply the water to full beneficial use:
(a) Continuing Authority. Pursuant to California Water Code Sections 100 and 275 and the common law public trust doctrine, all rights and privileges under this permit and under any license issued pursuant thereto, including method of diversion, method of use, and quantity of water diverted, are subject to the continuing authority of the State Water Resources Control Board in accordance with law and in the interest of the public welfare to protect public trust uses and to prevent waste, unreasonable use, unreasonable method of use or unreasonable method of diversion of said water.
The continuing authority of the board may be exercised by imposing specific requirements over and above those contained in this permit with a view to eliminating waste of water and to meeting the reasonable water requirements of permittee without unreasonable draft on the source. Permittee may be required to implement a water conservation plan, features of which may include but not necessarily be limited to: (1) reusing or reclaiming the water allocated; (2) using water reclaimed by another entity instead of all or part of the water allocated; (3) restricting diversions so as to eliminate agricultural tailwater or to reduce return flow; (4) suppressing evaporation losses from water surfaces; (5) controlling phreatophytic growth; and (6) to installing, maintaining, and operating efficient water measuring devices to assure compliance with the quantity limitations of this permit and to determine accurately water use as against reasonable water requirements for the authorized project. No action will be taken pursuant to this paragraph unless the board determines, after notice to affected parties and opportunity for hearing, that such specific requirements are physically and financially feasible and are appropriate to the particular situation. The continuing authority of the board also may be exercised by imposing further limitations on the diversion and use of water by the permittee in order to protect public trust uses. No action will be taken pursuant to this paragraph unless the board determines, after notice to affected parties and opportunity for hearing, that such action is consistent with California Constitution Article X, Sec. 2; is consistent with the public interest and is necessary to preserve or restore the uses protected by the public trust.
(b) (1) Water Quality Objectives. The quantity of water diverted under this permit and under any license issued pursuant thereto is subject to modification by the State Water Resources Control Board if, after notice to the permittee and an opportunity for hearing, the board finds that such modification is necessary to meet water quality objectives in water quality control plans which have been or hereafter may be established or modified pursuant to Division 7 of the Water Code. No action will be taken pursuant to this paragraph unless the board finds that (1) adequate waste discharge requirements have been prescribed and are in effect with respect to all waste discharges which have any substantial effect upon water quality in the area involved, and (2) the water quality objectives cannot be achieved solely through the control of waste discharges.
(c) Automatic Approval of Permits. Permits approved in accordance with the provisions of Government Code Section 65956 which provides for automatic approval of development applications under certain conditions shall contain terms (a) and (b) of this section and all other applicable Standard Permit Terms, and the season of diversion authorized by the permit shall be consistent with past decisions of the board concerning availability of unappropriated water in the watershed in question.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 100, 106, 275, 1243.5, 1250, 1252, 1253, 1391, 1394, and Division 7, Water Code; National Audubon Society v. Superior Court of Alpine County 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983); and Section 2, Article X, California Constitution.
HISTORY
1. Renumbering and amendment of Section 766 to Section 780 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78, No. 31.
§781. Public Access for Fishing.
Note • History
In compliance with Fish and Game Code Section 5943, all permits for storage of water on a stream naturally frequented by fish shall require the permittee to accord to the public, for the purpose of fishing, reasonable right of access to the waters impounded by the dam under the permit during the open season for the taking of fish, subject to the regulations of the Fish and Game Commission and, for domestic water supply reservoirs, subject to applicable public health requirements contained in Title 17 of the California Administrative Code.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1253, Water Code.
HISTORY
1. New section filed 8-24-73; effective thirtieth day thereafter (Register 73, No. 34).
2. Renumbering and amendment of former Section 781 to Section 845, and renumbering and amendment of Section 762 to Section 781 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 73, No. 12.
§782. Passage of Water for Fish.
Note • History
In compliance with Section 5937 of the Fish and Game Code, all permits for diversion of water from a stream by means of a dam which do not contain a more specific provision for the protection of fish shall require the permittee to allow sufficient water at all times to pass through a fishway, or in the absence of a fishway, allow sufficient water to pass over, around, or through the dam to keep in good condition any fish that may be planted or exist below the dam; provided that during a period of low flow in the stream, upon approval of the Department of Fish and Game, this requirement will be satisfied if sufficient water is passed through a culvert, waste gate, or over or around the dam to keep in good condition any fish that may be planted or exist below the dam if it is impracticable or detrimental to pass the water through a fishway. In the case of a reservoir, this provision shall not require the passage or release of water at a greater rate than the unimpaired natural inflow into the reservoir.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1390 and 1394, Water Code.
HISTORY
1. New Article 20 (§782) filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5). (Ed. Note--Similar to former Section 779.)
2. Renumbering and amendment of former Section 782 to Section 847, and renumbering and amendment of Section 762,5 to Section 782 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 17.
§783. Waste Discharge Requirements.
History
When the permittee is or will be required to file a report of waste discharge pursuant to Section 13260 of the Water Code, the permit shall contain the following term: No water shall be used under this permit until the permittee has filed a report of waste discharge with the California Regional Water Quality Control Board, ________________ Region, pursuant to Water Code Section 13260, and the regional board or State Water Resources Control Board has prescribed waste discharge requirements or has indicated that waste discharge requirements are not required. Thereafter, water may be diverted only during such times as all requirements prescribed by the regional board or state board are being met. No discharges of waste to surface water shall be made unless waste discharge requirements are issued by a regional board or the state board. A discharge to groundwater without issuance of a waste discharge requirement may be allowed if after filing the report pursuant to Section 13260: (1) The regional board issues a waiver pursuant to Section 13269, or (2) The regional board fails to act within 120 days of the filing of the report.
No permittee shall be required to file a report of waste discharge pursuant to Section 13260 of the Water Code for percolation to the groundwater of water resulting from the irrigation of crops.
HISTORY
1. New section filed 1-28-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Renumbering and amendment of former Section 783 to Section 848, and renumbering and amendment of Section 763 to Section 783 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 75, No. 9 and 73, No. 12.
§784. Release of Stored Water.
Note • History
(a) In exercising its discretionary authority respecting applications to appropriate water, including prescribing or modifying permit terms and conditions, the board may require releases of water diverted and stored whenever such releases are determined by the board to be in the public interest or are needed to protect public trust uses of water, if such requirement is reasonable under Article X, Section 2 of the California Constitution.
(b) Notwithstanding subsection (a) of this section, after a permit has been issued and construction has commenced or substantial financial commitment for construction has been undertaken by the permittee, the board will not require a release or bypass of water authorized to be appropriated by such permit unless the permittee agrees to such bypass or release or unless the board at the time the permit was issued expressly reserved jurisdiction to require such bypass or release. This subsection shall not apply to the continuing authority of the board to regulate appropriations of water so as to conform with Section 780 of this subchapter, or to revoke permits as provided in Article 5, Chapter 6, Part 2, Division 2 of the California Water Code. This subsection shall not apply to actions required to implement the provisions of Article 3 (commencing with Section 11460) of Chapter 3, Part 3, Division 6, or Part 4.5 (commencing with Section 12200) of Division 6 of the California Water Code.
(c) Before requiring releases of water pursuant to subsection (a) of this section over the objection of the applicant or permittee, the board will hold a hearing and make findings with respect thereto. The hearing will be limited to a consideration of (1) the basis of any recommendation of the Department of Fish and Game pursuant to Water Code Section 1243; (2) whether such releases are necessary to maintain or enhance beneficial uses or to meet water quality objectives in the relevant water quality control plan; (3) the probable effect of releases upon the applicant's proposed project; (4) evidence to assist in the preparation of dry and critical year relief provisions related to releases; and (5) any other issues which may be relevant to the appropriateness of a release requirement.
(d) The quantity of water required to be released from storage shall be reduced in dry and critical years as defined by the board on a basis determined by the board to be equitable after considering and balancing the effect of reduced quantity upon downstream conditions and upon permittee's project.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 100, 174, 275, 2142.5, 1253, 1256, 1257, 1258, 1391, 13000, 13001, 13050, 13140, 13141, 13142, 13170 and 13240, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).
HISTORY
1. Renumbering and amendment of Section 763.5 to Section 783 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75, No. 40.
§785. Surface Diversion or Storage.
History
HISTORY
1. New Article 20 (§§785 and 786) filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering to Article 21 and amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
3. Renumbering and amendment of Section 785 to Section 846 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 786 to Section 846 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. New Article 22 (§§ 790, 791, 792) filed 3-10-60; effective thirtieth day thereafter (Register 60, No. 5).
2. Renumbering and amendment of Section 790 to Section 850 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 15. Changes in Point of Diversion, Place of Use, or Purpose of Use
Note • History
(a) After notice of an application to appropriate water has been given pursuant to Article 3, changes in point of diversion, place of use, or purpose of use as stated in the application, permit, or license may be allowed only upon petition and provided that the petitioner establishes that the proposed change(s) will neither in effect initiate a new right nor injure any other legal user of water.
(b) Upon petition under Water Code Section 1740, the board may approve changes in point of diversion, place of use or purpose of use in a water right determined by a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981. The petitioner shall provide the same factual basis for a temporary, long-term, or permanent change in a water right determined under Water Code Section 2500 et seq. as would be required for a temporary, long-term, or permanent change under a permit or license.
(c) See Sections 686, 730 and 799 regarding the addition of generation of power as a purpose of use.
(d) For purposes of Article 15 and 16, “petition” shall be deemed to include the notice or notification provided by the water right holder under Water Code Sections 1726 and 1727.
(e) The procedures set forth in Articles 15, 16, 16.5 and 17 shall be followed as nearly as possible when filing and processing petitions for changes in permits or licenses other than changes in point of diversion, place of use, and purpose of use.
(f) A petition will not be accepted for initial review or filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division. If after the initial review of a petition described in this section the board does not accept the petition for filing, the board shall refund the petition filing fee, minus the $250 non-refundable initial review fee.
(g) The board may cancel a petition for failure to pay any annual fee for the petition when due.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1701, 1702, 1725, 1726, 1727, 1735 and 1740, Water Code.
HISTORY
1. Renumbering and amendment of former section 791 to section 851, and renumbering and amendment of Section 738 to Section 791 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Amendment of section and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
3. Amendment of subsection (c), new subsection (f) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
4. Amendment of subsection (f) and new subsection (g) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
5. Editorial correction amending subsection (a) (Register 2005, No. 17).
§792. Nature of Approval Action.
Note • History
(a) Prior to issuance of a permit, a petition for change shall set forth amendments to the application or be accompanied by an amended application reflecting the proposed change(s). Thereafter consideration of the application will be based upon the amended application.
(1) If the petition is filed prior to issuance of the notice of application (See Article 3), amendments to the application shall be reflected in the application notice.
(2) If the petition is filed after issuance of the notice of application and prior to issuance of a permit, the application shall be renoticed using the procedures in Article 3.
(b) A proposed change in an existing permit or license, or a proposed change pursuant to Water Code Section 1740 in a water right determined by a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981, may be approved in an order. Any order approving a change will consist of an order designating the new point of diversion, place of use or purpose of use, and any terms and conditions, to be attached to the permit or license as a part thereof. At its option, the board may issue an amended permit or license. For temporary changes, the terms and conditions shall be those necessary to avoid or mitigate adverse impacts that would result from the transfer or to ensure reasonable and beneficial use of water by the transferee during the period of the transfer.
(c) Any order approving a change under Articles 15, 16, 16.5, or 17 shall (1) identify existing rights and current uses of water, (2) designate the amount(s) of water involved in the change, (3) designate the quantities of current and new or temporary beneficial uses of water, (4) designate the existing and new or temporary point(s) of diversion, places(s) of use, and purpose(s) of use, (5) include any required statutory findings, and (6) include any terms and conditions to which approval of the change is subject. Any order approving a change under Articles 15, 16.5, or 17 shall include compliance with any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1435, 1438(a), 1547, 1547.1, 1701, 1702, 1705, 1725, 1726, 1727, 1735 and 1740, Water Code.
HISTORY
1. Renumbering and amendment of former section 792 to section 852, and renumbering and amendment of Section 738.5 to Section 792 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 64, No. 6 and 60, No. 5.
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§793. Filing Fee When Multiple Changes or Rights Involved. [Repealed]
Note • History
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1436 and 1525, Water Code.
HISTORY
1. Renumbering and amendment of section 739 to section 793 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64, No. 6.
2. Amendment of section and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
3. Amendment of section and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
4. Repealer filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
5. Editorial correction of History 4 (Register 2008, No. 45).
§794. Petition Information and Map Requirements.
Note • History
(a) A petition for change(s) submitted by a permittee or licensee, or submitted pursuant to Water Code Section 1740 by a holder of a water right determined under Water Code Section 2500 et seq. after January 1, 1981 shall identify the amount(s) and holder(s) of the right(s) involved and shall include the following information and map(s):
(1) The amount(s) of water which would have been diverted, consumptively used, or stored under the water right in the absence of the proposed change(s), (a) during the period for which the change is requested, or (b) in a maximum year if the change is permanent;
(2) The amount(s) of water proposed for change, transfer or exchange;
(3) The existing and the proposed purpose(s) of use of water;
(4) The existing and the proposed point(s) of diversion and rediversion, and the existing and proposed location(s) of any return flow;
(5) The existing and the proposed place(s) of use of the water for various purposes of use;
(6) The existing and the proposed diversion, release and return flow schedules if stored water is involved or if the streamflow regime will be changed;
(7) Any changes in property ownership(s) involved, and the point(s) of diversion and place(s) of use of other known users of water who may be affected by the proposed change(s);
(8) Information identifying any effects of the proposed change(s) on fish, wildlife, and other instream beneficial uses;
(9) Information identifying any effects of the proposed change(s) on other known users of water, including identification in quantitative terms of any projected change in water quantity, water quality, timing of diversion or use, consumptive use of the water, reduction in return flows, or reduction in the availability of water within the streams affected by the proposed change(s);
(10) The parties involved in the proposed change, transfer or exchange;
(11) Map(s) prepared in accordance with Article 7 which describe the proposed change(s), delineate any additional information required by Items (4), (5), and (7) above, and show the hydrologic basin of origin and the streams which could be affected by the proposed change(s).
(12) The proposed place(s) of use for irrigation may be listed as net acreage(s) within gross area(s) shown on a map submitted with the petition.
(b) Water right holders proposing a change in point of diversion, place of use or purpose of use shall provide preliminary information and map(s) required by subdivision (a) to, and shall request consultation with, the Department of Fish and Game and the appropriate Regional Water Quality Control Board regarding the potential effects of the proposed change(s) on water quality, fish, wildlife, and other instream beneficial uses.
(c) Before approval of a change petition, any water right holder petitioning for a change in point of diversion, place of use or purpose of use shall provide to the board all comments of the Department of Fish and Game and the Regional Water Quality Control Board in response to the request for consultation required by subsection (b).
(d) The petition for change(s) will not be accepted for filing unless it contains all of the information required by subdivision (a) and proof that a copy of the petition has been served on the Department of Fish and Game.
NOTE
Authority cited: Sections 1058, 1436 and 1726, Water Code. Reference: Sections 1435, 1436, 1437, 1438(a), 1702, 1726, 1727 and 1740, Water Code.
HISTORY
1. Repealer and new section filed 12-13-93; operative 1-12-94 (Register 93, No. 51). For prior history, see Register 87, No. 10.
§795. Notice of Change Petitions.
Note • History
(a) After a petition has been filed for change(s) in point of diversion, place of use, or purpose of use, the petitioner shall cause notice to be given or published if and as required by the board. The board's notice requirements shall be based on the potential effects of the proposed change(s) on legal users of water and on fish, wildlife, and other instream beneficial uses of water. The board will not ordinarily require that notice be given or published in cases where the proposed change(s) do not have the potential to impair the water supply of other legal users of water or instream beneficial uses, except that in all cases the petitioner shall notify the Department of Fish and Game in writing of the proposed change(s). Examples of petitions for which notice will not ordinarily be required, include the following:
(1) Petition for a change in point of diversion which does not change the point relative to diversion points of others and tributary sources on the same stream;
(2) Petition for a change of place of irrigation use from one parcel to another provided that the return flow is unchanged;
(3) Petition for a change in purpose of which would add clearly incidental uses to, or substitute incidental uses for, permitted or licensed uses which are themselves incidental to the principal use of water stored in a reservoir. For the purpose of this section, incidental uses are limited to the following beneficial uses of water: stockwatering; fire protection; non-commercial recreation; non-commercial wildlife preservation or enhancement; generation of power; non-industrial dust control; or soil conservation.
(b) At any time any person may file with the board a written request to receive notice of the filing of change petitions. Thereafter the board shall mail or deliver a copy of each such notice to the person filing the request, including a statement of the time within which any protest, comment, or objection must be filed.
NOTE
Authority cited: Section 1058 and 1726, Water Code. Reference: Sections 106.7, 110, 1250.5, 1312, 1491, 1703, 1704, 1736 and 1740, Water Code.
HISTORY
1. Renumbering and amendment of section 741 to section 795 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, No. 5.
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§796. Protest Procedure on Change Petitions.
Note • History
The provisions of Articles 9, 10, and 11, insofar as they are applicable, shall govern protests, answers to protests, investigations, and hearings of petitions for change(s) under Articles 15 and 17, including minor protested petitions for change. The procedures for notification of and objection to temporary changes due to transfer or exchange of water or water rights, or temporary urgency changes are provided in Articles 16 and 16.5 respectively.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1438, 1703, 1704, 1704.1, 1704.2, 1704.3, 1725, 1736 and 1740, Water Code.
HISTORY
1. Renumbering and amendment of section 742 to section 796 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§797. Changes Prior to Notice of an Application.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1701, Water Code.
HISTORY
1. Renumbering and amendment of section 742 to section 796 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§798. Changes to Cover Incidental Uses of a Reservoir.
Note • History
When an applicant, permittee or licensee proposes incidental use of a reservoir for stockwatering, fire protection, recreation, fish culture, or other similar purposes which consume a minimal quantity of water and
(a) such purposes are not listed in the application, permit or license, or
(b) the reservoir is not described as a place of use, or
(c) the reservoir covers land not included in the described place of use, then no petition need be filed to correct such an omission, provided that the board finds that no person would be adversely affected by such corrections. The board may make such corrections at any time such omissions are discovered.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1700, 1701 and 1702, Water Code.
HISTORY
1. Renumbering and amendment of Section 744 to Section 798 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 67, No. 49.
§799. Petition for Change to Add a Power Plant to Existing Works.
Note • History
(a) Persons having a permit or license for the use of water may petition the board to add generation of power to the permit or license as a beneficial use when the water can be used for the generation of power without changing the streamflow regime. The criteria that shall be considered in determining whether there would be a change in the streamflow regime include, but are not limited to, the following: (1) Will the rate and volume of flow be changed? (2) Will the water temperature be changed? (3) Will there be changes in the concentration of dissolved oxygen or turbidity? (4) Will there be changes in the timing of water releases from any existing water diversion or storage facility? (5) Will there be a change in the point of discharge or will any additional section of watercourse be bypassed?
(b) See Section 730 concerning when a new application must be filed.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 106.7, 110, 1250.5, 1381, 1394, 1396, 1397, 1490, 1491, 1611, 1700, 1701, 1702, 1703, 1704, 1704.1, 1704.2, 1704.3, 1704.4, 1705, 1705.5 and 1706, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Article 16. Temporary Changes Due to Transfer or Exchange of Water or Water Rights
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1726 and 1727, Water Code.
HISTORY
1. New article 23 (sections 800 through 803) filed 10-25-65; effective thirtieth day thereafter (Register 65, No. 20).
2. Amendment of subsection (c) filed 3-3-78 as procedural and organizational; effective upon filing (Register 78, No. 9).
3. Renumbering and amendment of former section 800 to section 736, and new section 800 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
4. Amendment of article heading and repealer of section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§801. Notice of Temporary Change.
Note • History
The petition for temporary change submitted by the water right holder under Water Code Section 1726 shall include the information required by Section 794.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1726, Water Code.
HISTORY
1. Renumbering and amendment of former section 801 to section 737, and new section 801 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 65, No. 20.
2. Amendment filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1726, Water Code.
HISTORY
1. Renumbering and amendment of former section 802 to section 738, and new section 802 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 65, No. 20.
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§803. Action by the Board Regarding Temporary Changes.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1725 and 1727, Water Code.
HISTORY
1. Renumbering and amendment of former section 803 to section 739, and new section 803 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 65, No. 20.
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§804. Public Notice and Objections to Proposed Temporary Changes.
Note • History
(a) Within ten days after the receipt of a petition meeting the requirements of Section 801, the board will send notice of the petition or contact all legal users of water known to the board who may be affected by the proposed temporary change(s).
(b) Any interested person may file an objection to the proposed change(s) with the board not later than 15 days after the date of the notice required by subsection (a). The objection shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.
(c) The board shall give prompt consideration to any objection, and may hold a hearing thereon, after notice to all interested persons known to the board.
(d) Notice of hearing on a proposed temporary change may be given by mailing notice to the water right holder, the Department of Fish and Game and persons known to the board who might be affected by the proposed change, not less than 20 days before the date of hearing by certified mail or personal delivery.
(e) Any order approving a temporary change under this Article shall meet the requirements of section 792(c).
NOTE
Authority cited: Sections 1058, 1438(a) and 1726, Water Code. Reference: Sections 1725, 1726 and 1727, Water Code.
HISTORY
1. New section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Article 16.5. Temporary Urgency Changes
§805. Petition for Temporary Urgency Change.
Note • History
(a) A petition for a temporary urgency change will not be accepted for filing until the minimum fee required by Water Code Section 1436 is received and the applicable information specified by Section 794 has been submitted to the board.
(b) Prior to issuance of any temporary urgency change order pursuant to Water Code Section 1435, there shall be compliance with any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, payment of any additional fees, and submittal to the board of any additional information or maps necessary to make the findings required by Water Code Section 1435.
NOTE
Authority cited: Sections 1058, 1436 and 1438(a), Water Code. Reference: Sections 1435, 1436 and 1437, Water Code.
HISTORY
1. New article 16.5 and section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§806. Notification of and Objections to Temporary Urgency Changes.
Note • History
(a) As soon as practicable after receipt of a petition meeting the information and map requirements of Section 794 and compliance with Water Code Section 1437 the board shall cause notice to be given pursuant to Water Code Sections 1438(b) and 1438(c).
(b) Any interested person may file an objection to the petition with the board prior to adoption of a board order or validation of any temporary urgency change order. The objection shall indicate the manner in which service upon the applicant of a duplicate copy of the protest has been made.
(c) Any objections to a temporary urgency change petition will be heard by the board during its validation meeting or at a hearing after notice to all interested persons known to the board.
NOTE
Authority cited: Sections 1058, 1436 and 1438(a), Water Code. Reference: Sections 1435, 1437 and 1438, Water Code.
HISTORY
1. New section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Article 17. Changes Involving a Long-term Transfer of Water or Water Right
Note • History
(a) A permittee, licensee, or holder of a water right determined under a court decree issued pursuant to Water Code Section 2500 et seq. after January 1, 1981 who is filing a petition pursuant to Water Code Section 1740, may petition the board for a long-term transfer of water or water rights involving change(s) in point of diversion, place of use, or purpose of use specified in the permit, license, or water right for any period of time in excess of one year.
(b) Any long-term transfer requested under Water Code Section 1735 shall be subject to the applicable requirements of Articles 15 and 16 and any applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1735, 1736 and 1740, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment of article heading, section and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§812. Petition for Long-term Transfer.
Note • History
A petition for a long-term transfer of water or water rights will not be accepted for filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division and the information and maps specified in Section 794 have been submitted to the board. The board may cancel a petition for failure to pay any annual fee for the petition when due.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1735, 1736 and 1740, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
3. Amendment of section and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1735, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§814. Notice of Long-term Petitions.
Note • History
After a completed petition has been filed for a long-term transfer of water or water rights involving a change in point of diversion, place of use or purpose of use, the board shall give notice to the Department of Fish and Game, all persons requesting notice of change petitions, and all legal users of water known to the board who may be affected by the proposed change. A hearing will be held upon request of the petitioner or a protestant.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1736 and 1740, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§815. Protest Procedure on Long-term Transfer Petitions.
Note • History
The provisions of Article 9, 10 and 11 insofar as they are applicable, shall govern protests, answers, investigations, and hearings of petitions under this Article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1735, 1736 and 1740, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§816. Action of the Board Regarding Long-term Transfers.
Note • History
If the board determines that a long-term transfer of water or water rights as described in Section 811 is appropriate, and meets the requirements of Water Code Section 1736, an order will be issued in accordance with Section 792 authorizing the long-term transfer, subject to appropriate terms and conditions for the period requested or such lesser period found by the board to be appropriate.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1735, 1736 and 1740, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment of section heading, text and Note filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Article 18. Enforcement of Terms and Conditions
§820. Complaints of Violations.
Note • History
Any person affected by a violation of any term or condition of a permit or license may file a complaint with the board. The complaint shall contain the following:
(a) Name and address of the complainant.
(b) The nature and location of the alleged violation.
(c) The manner in which the complainant was affected.
(d) A statement of whether complainant is required by Part 5.1 (commencing with Section 5100) of Division 2 of the Water Code to file with the board a statement of his water diversion and use, and if complainant is so required, a statement:
(1) That complainant has filed with the board a statement of water diversion and use; or
(2) Setting forth the reason for complainant's failure to file such a statement of water diversion and use.
(e) The specific action which complainant requests.
Any person may complain of a violation of a condition intended for the benefit of the public.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1391, 1393 and 1394, Water Code.
HISTORY
1. Renumbering and amendment of Section to Section filed 1--16-87; effective thirtieth day thereafter (Register 87, No. 10).
§821. Investigation of Complaints.
Note • History
If, after investigation, the board's staff finds that a violation of the terms and conditions of a permit or license has occurred which might be cause for enforcement action by the board, the matter may be referred to the board for hearing in accordance with the provisions of Water Code Sections 1410 et seq., 1675 et seq. or 1825 et seq. If the board's staff finds that no such violation has occurred, the complainant will be notified and no further action will be taken unless the complainant requests a hearing, in which event the board will determine whether to hold a hearing based on information supplied by the complainant and the staff.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1051, 1391, 1393, 1394, 1610 and 1611, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.5 to Section 821 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
2. Editorial correction amending section (Register 2005, No. 17).
Note • History
After notice in accordance with Water Code Sections 1410 and 1410.1, 1675 and 1675.1, or 1831 and 1834 and hearing if a hearing is requested, if the board finds that a violation has occurred, it may revoke the permit or license or take such other action as appears appropriate under the circumstances.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1391 and 1611, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.6 to Section 822 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
§823. Action on the Board's Own Motion.
Note • History
The board may on its own motion investigate possible violations of permit or license terms or conditions and proceed in accordance with Section 822.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1051, 1391, 1393, 1394, 1610 and 1611, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.7 to Section 823 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 4.
Article 19. Changes of Ownership and of Address-Notices
§830. Procedure on Change of Address.
Note • History
Parties interested in applications, permits, and licenses shall promptly advise the board of changes of address. Whenever a notice is required by law or these regulations to be sent to a party, such notice will be mailed to the party at the most recent address supplied to the board by or on behalf of such party unless a different procedure is expressly required by law.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1302, 1303, 1304, 1320, 1321 and 1322, Water Code.
HISTORY
1. Renumbering and amendment of Section 765 to Section 830 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§831. Notice to Board of Changes in Ownership.
Note • History
When rights under an application, permit, or license are transferred, a statement to that effect, signed by the previous owner, shall be filed immediately with the board, referring to the number of the application and stating the name and address of the new owner. Thereafter, notices and correspondence concerning the application, permit, or license will be sent to the new owner designated in such statement.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 766 to Section 831 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§832. Contests As to Ownership.
Note • History
The board will not undertake to determine contests as to ownership of rights initiated by applications to appropriate water. The board will ordinarily accept any claim asserted to ownership of an application, permit or license unless the record title holder, or an asserted successor in interest, objects. When a contest develops as to ownership the board will not ordinarily change its record until the matter is either determined by a court or adjusted to the mutual satisfaction of the parties, unless evidence of continued occupation, use, or control justifies a different course.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 767 to Section 832 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§833. Presumption Based on Ownership of Place of Use.
Note • History
When an application, permit, or license stands upon the records of the board in the name of the owner of the place of use the right will be considered appurtenant to the land unless there is evidence to the contrary. It will generally be presumed that the water right passes with a transfer of the land unless expressly excepted.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 769 to Section 833 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§834. Presumption That Water Right Passes upon Foreclosure Sale.
Note • History
It will be presumed that a water right, upon a foreclosure sale of the land where the water is used, passes with the land whether the water right was initiated before or after the lien was established, unless there is a showing that the water right is not appurtenance or incident to the real property.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 770 to Section 834 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§835. Presumption upon Termination of an Option or Lease Relative to Real Property.
Note • History
In the case of an option to purchase or a lease of land, it will be presumed, unless there is a showing to the contrary, that any water right initiated by the optionee or the lessee is personal and that such water right does not belong to the owner of the real property where use of the water is made, upon forfeiture, abandonment, or expiration of the option or lease.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250 and 1252, Water Code.
HISTORY
1. Renumbering and amendment of Section 771 to Section 835 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§836. Issuance of Separate Permits and Licenses.
Note • History
(a) When the place of use described in an application, permit, or license is divided into two or more ownerships and each of the owners succeeds to a separate interest in the application, permit or license, the board may issue separate permits or licenses covering the interest held by each owner. The separate permits or licenses shall replace any existing permit or license previously issued for the same use and shall contain the same terms to the extent they are applicable. The existing permit or license will then be revoked. The priority of the rights will not be affected and each of the permits or licenses will bear the same number as the replaced instrument plus a distinguishing letter designation.
(b) Issuance of separate permits and licenses in accordance with subsection (a) shall not be construed as a determination by the board that the water right has necessarily been fully maintained by continuous beneficial use and by observance of the law and provisions of the permit or license.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1380 and 1382 and 1610, Water Code.
HISTORY
1. Renumbering and amendment of Section 722 to Section 836 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 67, No. 49.
Article 20. Diligence Required--Extensions of Time
§840. Reasonable Promptness Required.
Note • History
An application will be denied when it appears after hearing or a proceeding in lieu of hearing that (a) the applicant does not intend to initiate construction of the works required for the contemplated use of water within a reasonable time and thereafter diligently prosecute the construction and use of water to completion, or (b) the applicant will not be able to proceed within a reasonable time, either because of absence of a feasible plan, lack of the required financial resources, or other cause.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1255, Water Code.
HISTORY
1. Renumbering and amendment of Section 776 to Section 840 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 4, No. 6.
2. Editorial correction amending section (Register 2005, No. 17).
Note • History
In determining the period of time to be allowed to build diversion works and apply the water to full beneficial use, the particular conditions surrounding each case will govern. In every case the matter must be pressed with due diligence considering the size of the project and the obstacles to be overcome.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1252 and 1260, Water Code.
HISTORY
1. Renumbering and amendment of Section 777 to Section 841 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§842. Requests for Extension of Time Under Permits.
Note • History
A request for extension of time within which to commence or complete construction work or apply the water to full beneficial use may be submitted upon forms supplied by the board. A request for extension of time will not be accepted for filing unless it is accompanied by the filing fee required by chapter 5 (commencing with section 1061) of this division. The board may cancel a request for extension of time for failure to pay any annual fee for the request when due.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1250, 1252, 1398 and 1525, Water Code.
HISTORY
1. Renumbering and amendment of Section 778 to Section 842 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Amendment of section and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§843. Notice of Petitions and Protests.
Note • History
(a) After filing a petition for an extension of time under a permit, the petitioner, in case the board so requires, shall cause notice thereof to be given or published in such manner as may be prescribed by the board.
(1) The board will not ordinarily require that the petitioner cause notice to be given or published where the permitted project meets each of the following criteria:
(A) Construction of the project has commenced or a substantial financial commitment for construction or for land acquisition has been undertaken; and
(B) the project is not in an area where there is unusual competition for or interest in water; and
(C) the project is not a large multi-stage project which may be behind schedule.
(b) At any time any person may request in writing special notice of the filing of petitions for extension of time. Thereafter the board shall mail a copy of each such notice to such person, together with a statement of the time within which any protest must be filed.
(c) Protests to a petition may be filed within the time fixed by the board, which shall be stated in the notice, or such further time as the board may, for good cause, allow. Protests shall be submitted in writing with a copy to the petitioner and shall include the following information:
(1) The name and address of the protestant.
(2) The reasons for protestant's objection to the petition and any conditions on which the objection could be satisfied.
(3) If protestant claims a right to the use of water affected by the permit, the basis of the claim and protestant's use of water shall be described.
The board may require such other information as it deems necessary to resolve the issues, with or without a hearing.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1300, 1320, 1330, 1331, 1398 and 1546, Water Code.
HISTORY
1. Renumbering and amendment of Section 778.5 to Section 843 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76, No. 5.
2. Editorial correction amending section (Register 2005, No. 17).
§844. Cause for Extension of Time.
Note • History
An extension of time within which to complete an application, to commence or complete construction work or apply water to full beneficial use will be granted only upon such conditions as the board determines to be in the public interest and upon a showing to the board's satisfaction that due diligence has been exercised, that failure to comply with previous time requirements has been occasioned by obstacles which could not reasonably be avoided, and that satisfactory progress will be made if an extension of time is granted. Lack of finances, occupation with other work, physical disability, and other conditions incident to the person and not to the enterprise will not generally be accepted as good cause for delay. The board may, in its discretion, require a hearing upon notice to the permittee and such other parties as the board may prescribe.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; Sections 100, 104, 105, 275, 1250, 1253, 1255, 1257, 1394, 1395, 1396, 1397, 1398, 1410, 1546, 1675, Water Code; Sections 21000, 21065 and 21081, Public Resources Code; Johnson Rancho County Water District v. State Water Rights Board, 235 Cal.App.2d 863, 45 Cal.Rptr. 589 (1965); and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 345, 658 P.2d 709 (1983).
HISTORY
1. Renumbering and amendment of Section 779 to Section 844 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 72, No. 27.
§845. Withholding Issuance of Permit.
Note • History
(a) When approval of an application will be conditional upon the applicant undertaking certain measures, issuance of the permit shall be withheld until the applicant has notified the board that the conditions have been met.
(b) The board may cancel any application and refuse to issue a permit if the applicant fails to comply with the conditions or to notify the board of his compliance within a reasonable time. The board first gives the applicant written notice of the proposed action and 30 days in which to comply and to notify the board of compliance or to request a hearing.
(c) After a permit is issued subject to continual compliance with one or more specified conditions, permittee shall certify under penalty of perjury at such intervals as specified in the permit or as the board may specify that each condition is being met. If permittee fails to so certify or if it is discovered that permittee is not complying with a specified condition, the board may revoke the permit, provided the board gives the permittee written notice of such possible revocation and 30 days in which to comply and to notify the board of his compliance or to request a hearing.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1250, 1255, 1391, 1393, 1394, 1395, 1396, 1397, 1398, 1410 and 1412, Water Code.
HISTORY
1. Renumbering and amendment of Section 781 to Section 845 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 73, No. 34.
§846. Measuring Devices and Statements.
Note • History
After issuance of a permit for surface diversion or storage or underground storage the permittee may be required to establish suitable measuring and recording devices and to obtain and furnish to the board such records as may be needed to determine with reasonable accuracy:
the quantity of water beneficially used; or
the quantity of water placed in storage and the quantity later recovered under the provisions of the permit. Permittee may also be required to determine and submit a written statement of the quantities beneficially used.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1240, Water Code.
HISTORY
1. Renumbering and amendment of Sections 785 and 786 to Section 846 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
Note • History
Prior to issuance of license, annual progress reports shall be filed promptly by permittee upon forms provided by the board. After the issuance of license, reports shall be made when requested by the board upon the forms provided.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1395, 1396 and 1397, Water Code.
HISTORY
1. Renumbering and amendment of Section 782 to Section 847 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
Note • History
(a) In addition to such other information as may be required, all reports shall contain permittee's or licensee's evaluation of the current potential for using reclaimed water or reusing water to satisfy all or part of the water needed.
(b) If the terms of the permit or license require water conservation measures, the extent of implementation of such measures shall be reported.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code; and Section 2, Article X, California Constitution.
HISTORY
1. Renumbering and amendment of Section 783 to Section 848 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 5.
Article 21. Revocation of Permits and Licenses
Note • History
When it appears to the board that a permittee may have failed to commence or complete construction work or beneficial use of water with due diligence in accordance with terms of the permit, the regulations of the board and the law, or that a permittee or licensee may have ceased beneficial use of water, or that he may have failed to observe any of the terms or conditions of the permit or license, the board may consider revocation of the permit or license. The board will notify the permittee or licensee of the proposed revocation. The notice will state the reasons for the proposed revocation and provide an opportunity for hearing upon request of the permittee or licensee. In the case of a permit, a request for extension of time may also be considered at such hearing. Nothing in this section shall be construed as limiting the board's authority to take action pursuant to Water Code Section 1831.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1410 and 1411, Water Code.
HISTORY
1. Renumbering and amendment of Section 790 to Section 850 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Editorial correction amending section (Register 2005, No. 17).
Note • History
At least 10 days prior to hearing, a notice specifying the time, place, and purpose of such hearing and grounds for possible revocation shall be sent by registered or certified mail to the permittee or licensee. The notice shall constitute a sufficient statement of the issues to be heard.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1410, Water Code.
HISTORY
1. Renumbering and amendment of Section 791 to Section 851 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
§852. Procedure Relating to Hearings.
Note • History
The provisions of Chapter 1.5, Article 2 of this subchapter insofar as they are applicable shall govern hearings under this article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1410, 1411, 1412, 1413, 1414 and 1415, Water Code.
HISTORY
1. Renumbering and amendment of Section 792 to Section 852 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60, No. 5.
2. Change without regulatory effect amending section filed 4-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 14).
Article 22. Prevention of Waste and Unreasonable Use
Note • History
(a) In investigating any uses of water and making the determinations required by this article, the board shall give particular consideration to the reasonableness of use of reclaimed water or reuse of water.
(b) As used in this article, “misuse of water” or “misuse” means any waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion of water.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 100, 275, 1240, 1251, 1253 and 1257, Water Code; and Section 2, Article X, California Constitution.
HISTORY
1. Renumbering and amendment of Section 764.9 to Section 855 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 5.
Note • History
The board staff shall investigate an allegation of misuse of water:
(1) when an interested person shows good cause, or
(2) when the board itself believes that a misuse may exists.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 100, 183, 275 and 1051, Water Code; and Section 2, Article X, California Constitution.
HISTORY
1. Renumbering and amendment of Section 764.10 to Section 856 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 26.
§857. Notifications, Hearings and Orders.
Note • History
(a) If the investigation indicates that a misuse of water has occurred, the board staff shall notify interested persons and allow a reasonable period of time in which to terminate such misuse or demonstrate to the satisfaction of the board staff that misuse has not occurred.
(b) At the end of the time set by the board staff, and upon application of any interested person or upon its own motion, the board may hold a hearing to determine if misuse has occurred or continues to occur.
(c) If the misuse is alleged to have occurred or to continue to occur in connection with exercise of rights evidenced by a permit or license issued by the board, the board shall notice the hearing as a permit revocation hearing pursuant to Water Code Section 1410.1, or as a license revocation hearing pursuant to Water Code Section 1675.1, as appropriate; or as a preliminary cease and desist order hearing pursuant to Water Code Section 1834.
(d) The board may issue an order requiring prevention or termination thereof.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 100, 275, 183, 1051, 1401, 1675.1 and 1834, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.11 to Section 857 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 26.
§858. Noncompliance with Order Regarding Misuse Under Water Right Entitlement.
Note • History
If a permittee or licensee does not comply with any order issued pursuant to Section 857 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed by the board, and if such order includes a finding that waste, unreasonable use, method of use, or method of diversion has occurred in connection with exercise of a right evidenced by a permit or license issued by the board, a revocation action may be commenced by the board:
(a) If the hearing has been noticed as a permit or license revocation hearing, and if the board finds that misuse has occurred or continues to occur, the board may order the permit or license revoked or impose appropriate additional or amended terms or conditions on the entitlement to prevent recurrence of the misuse;
(b) If the hearing pursuant to Section 857 has been noticed as a preliminary cease and desist order hearing, and if the board finds that misuse has occurred or continues to occur, the board may issue a preliminary cease and desist order.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1410, 1675 and 1831, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.12 to Section 858 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 26.
§859. Noncompliance with Other Order.
Note • History
If a person other than a permittee or licensee does not comply with any order issued pursuant to Section 857 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed, and if such order includes a finding that such person has misused or continues to misuse water, the board may request appropriate legal action by the Attorney General.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.13 to Section 859 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 26.
Note • History
The procedure established in this article shall be construed as alternative to, and not exclusive of, the procedures established in Chapter 5 of Title 23, California Administrative Code, in accordance with Section 4007 therein.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 275, Water Code.
HISTORY
1. Renumbering and amendment of Section 764.14 to Section 860 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79, No. 27.
Note • History
Budding grape vines and certain other crops in the Russian River watershed may be severely damaged by spring frosts. Frost protection of crops is a beneficial use of water under section 671 of this chapter. During a frost, however, the high instantaneous demand for water for frost protection by numerous vineyardists and other water users may contribute to a rapid decrease in stream stage that results in the mortality of salmonids due to stranding. Stranding mortality can be avoided by coordinating or otherwise managing diversions to reduce instantaneous demand. Because a reasonable alternative to current practices exists, the Board has determined these diversions must be conducted in accordance with this section.
(a) After March 14, 2012, except for diversion upstream of Warm Springs Dam in Sonoma County or Coyote Dam in Mendocino County, any diversion of water from the Russian River stream system, including the pumping of hydraulically connected groundwater, for purposes of frost protection from March 15 through May 15, shall be diverted in accordance with a board approved water demand management program (WDMP). For purposes of this section, groundwater pumped within the Russian River watershed is considered hydraulically connected to the Russian River stream system if that pumping contributes to a reduction in stream stage to any surface stream in the Russian River watershed during any single frost event.
(b) The purpose of the WDMP is to assess the extent to which diversions for frost protection affect stream stage and manage diversions to prevent cumulative diversions for frost protection from causing a reduction in stream stage that causes stranding mortality. The WDMP, and any revisions thereto, shall be administered by an individual or governing body (governing body) capable of ensuring that the requirements of the program are met. Any WDMP developed pursuant to this section shall be submitted to the board by February 1 prior to the frost season.
(c) At a minimum, the WDMP shall include (1) an inventory of the frost diversion systems within the area subject to the WDMP, (2) a stream stage monitoring program, (3) an assessment of the potential risk of stranding mortality due to frost diversions, (4) the identification and timelines for implementation of any corrective actions necessary to prevent stranding mortality caused by frost diversions, and (5) annual reporting of program data, activities, and results. In addition, the WDMP shall identify the diverters participating in the program and any known diverters within the area subject to the WDMP who declined to participate. The WDMP also shall include a schedule for conducting the frost inventory, developing and implementing the stream stage monitoring program, and conducting the risk assessment.
(1) Inventory of frost diversion systems: The governing body shall establish an inventory of all frost diversions included in the WDMP. The inventory, except for diversion data, shall be completed within three months after board approval of a WDMP. The inventory shall be updated annually with any changes to the inventory and with frost diversion data. The inventory shall include for each frost diversion:
(A) Name of the diverter;
(B) Source of water used and location of diversion;
(C) A description of the diversion system and its capacity;
(D) Acreage frost protected and acres frost protected by means other than water diverted from the Russian River stream system; and
(E) The rate of diversion, hours of operation, and volume of water diverted during each frost event for the year.
(2) Stream stage monitoring program: The governing body shall develop a stream stage monitoring program in consultation with National Marine Fisheries Service (NMFS) and California Department of Fish and Game (DFG). For the purposes of this section, consultation involves an open exchange of information for the purposes of obtaining recommendations. The governing body is authorized to include its own expert scientists and engineers in the consultation, and request board staff to participate, when desired. The stream stage monitoring program shall include the following:
(A) A determination of the number, type, and location of stream gages necessary for the WDMP to monitor and assess the extent to which frost diversions may affect stream stage and cause stranding mortality;
(B) A determination of the stream stage that should be maintained at each page to prevent stranding mortality;
(C) Provisions for the installation and ongoing calibration and maintenance of stream gages; and
(D) Monitoring and recording of stream stage at intervals not to exceed 15 minutes.
(3) Risk assessment: Based on the inventory and stream stage information described above, and information regarding the presence of habitat for salmonids, the governing body shall conduct a risk assessment that evaluates the potential for frost diversions to cause stranding mortality. The risk assessment shall be conducted in consultation with NMFS and DFG. The governing body is authorized to include its own expert scientists and engineers in the consultation, and request board staff to participate, when desired. The risk assessment shall be evaluated and updated annually.
(4) Corrective Actions: If the governing body determines that diversions for purposes of frost protection have the potential to cause stranding mortality, the governing body shall notify the diverter(s) of the potential risk. The governing body, in consultation with the diverters, shall develop a corrective action plan that will prevent stranding mortality. Corrective actions may include alternative methods for frost protection, best management practices, better coordination of diversions, construction of offstream storage facilities, real-time stream gage and diversion monitoring, or other alternative methods of diversion. Corrective actions also may include revisions to the number, location and type of stream stage monitoring pages, or to the stream stages considered necessary to prevent stranding mortality. In developing the corrective action plan the governing body shall consider the relative water right priorities of the diverters and any time delay between groundwater diversions and a reduction in stream stage. The corrective action plan shall include a schedule of implementation. To the extent feasible, the corrective action plan shall include interim corrective actions if long-term corrective actions are anticipated to take over three years to fully implement. The diverters shall implement corrective actions in accordance with the corrective action plan, or cease diverting water for frost protection.
(5) Annual Reporting: The governing body shall submit a publically available annual report of program operations, risk assessment, and corrective actions by September 1 following the frost season that is the subject of the report. The report shall include:
(A) The frost inventory, including diversion data.
(B) Stream stage monitoring data.
(C) The risk assessment and its results, identification of the need for any additional data or analysis, and a schedule for obtaining the data or completing the analysis.
(D) A description of any corrective action plan that has been developed, any corrective actions implemented to date, and a schedule for implementing any additional corrective actions.
(E) Any instances of noncompliance with the WDMP or with a corrective action plan, including the failure to implement identified corrective actions. The report shall document consultations with DFG and NMFS regarding the stream stage monitoring program and risk assessment and shall explain any deviations from recommendations made by DFG or NMFS during the consultation process. In addition, the annual report shall evaluate the effectiveness of the WDMP and recommend any necessary changes to the WDMP, including any proposed additions or subtractions of program participants. Any recommendations for revisions to the WDMP shall include a program implementation plan and schedule. The board may require changes to the WDMP, including but not limited to the risk assessment, corrective action plan, and schedule of implementation, at any time.
(d) The governing body may develop and submit for the Deputy Director for Water Rights' approval, criteria, applicable to any participant in its WDMP, for identifying groundwater diversions that are not hydraulically connected to the Russian River stream system. The governing body may submit to the Deputy Director a list of groundwater diverters that appear to meet these criteria and could be exempted from this section. The Deputy Director is authorized to exempt the listed groundwater diverters, or identify the reason for not exempting the listed groundwater diverters. Beginning three years from the effective date of this section, if an individual groundwater diverter can independently demonstrate to the satisfaction of the Deputy Director that the diversion is not hydraulically connected to the Russian River stream system, the Deputy Director is authorized to exempt the groundwater diverter from this section.
(e) Compliance with this section shall constitute a condition of all water right permits and licenses that authorize the diversion of water from the Russian River stream system for purposes of frost protection. The diversion of water in violation of this section, including the failure to implement the corrective actions included in any corrective action plan developed by the governing body, is an unreasonable method of diversion and use and a violation of Water Code section 100, and shall be subject to enforcement by the board. The board has continuing authority to revise terms and conditions of all permits and licenses that authorize the diversion of water for purposes of frost protection should future conditions warrant.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 2, Article X, California Constitution; and Sections 100, 275 and 1051.5, Water Code.
HISTORY
1. New section filed 12-29-2011; operative 12-29-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 52).
Article 23. Stream Systems Declared to Be Fully Appropriated
§870. Purpose of this Article.
Note • History
By Order WR 89-25, adopted on November 16, 1989, pursuant to Water Code Sections 1205 through 1207, the board initially declared various stream systems in this state to be fully appropriated either year-round or during specified months. Order WR 89-25 included a listing of these stream systems and specified the seasons during which water is unavailable for appropriation therefrom. The purpose of this article is to provide procedures (1) for revoking or revising the status of stream systems declared to be fully appropriated by the initial declaration or any revised declaration, (2) for adding stream systems to the initial or any revised declaration, and (3) for public participation in the process through which a declaration is changed.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206 and 1207, Water Code.
HISTORY
1. New article 23 and section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
§871. Revocation or Revision of a Declaration.
Note • History
(a) The board may, upon its own motion or upon petition of any interested person, revoke or revise a declaration, as hereinafter provided.
(b) Upon recommendation of the Chief, Division of Water Rights, and following notice and hearing, the board may adopt an order revoking the fully-appropriated status of a stream system which has previously been declared fully appropriated, or revising any condition specified in a declaration upon which applications to appropriate unappropriated water will be accepted for filing and registrations of small domestic use appropriations will be accepted. The Chief's recommendation for revocation or revision may be based upon any relevant factor, including but not limited to a change in circumstances from those considered in a previous water right decision determining that no water remains available for appropriation, or upon reasonable cause derived from hydrologic data, water usage data, or other relevant information acquired by the Division of Water Rights in the course of any investigation conducted by it.
(c) Any person may petition the board to revoke or revise the fully appropriated status of a stream system included in a declaration. The Chief, Division of Water Rights, shall give notice of receipt of any such petition to all persons known by the Chief to be interested in the fully-appropriated status of the stream system.
(1) The petition shall include hydrologic data, water usage data, or other relevant information based upon which the Chief, Division of Water Rights, may determine that reasonable cause exists to conduct a hearing on the question whether the fully appropriated status of the stream system should be revoked or revised.
(2) The petition may also be accompanied, depending upon the magnitude of the proposed appropriation, either (A) by a proposed application to appropriate unappropriated water, or (B) by a proposed registration of small domestic use, notwithstanding that the proposed application or registration is unacceptable because it proposes appropriation from a stream system declared to be fully appropriated and does not meet existing conditions for acceptance. Any such proposed application or registration should be complete pursuant to the law and the rules of the board, including payment of the filing fee. The board may cancel the application for failure to pay any annual fee for the application when due.
(3) A proposed application or registration submitted pursuant to subsection (c)(2) will not be accepted but will be retained by the board. Should the board thereafter act in response to the petition to change the declaration in a manner which would make the proposed application or registration acceptable, the proposed application or registration will, if otherwise complete pursuant to the law and the rules of the board, be accepted. A proposed application or registration accepted pursuant to this subsection shall be assigned a priority superior to that assigned to any subsequently retained or accepted application or registration, respectively, proposing to appropriate from a source included in the earlier proposed application or registration; provided that, in proceeding upon competing applications accepted because of a change in the declaration pursuant to this section, the board will implement all provisions of law governing approval and rejection of applications including, but not limited to, Water Code section 1255 relating to public interest.
(4) If the Chief determines that the petition shows reasonable cause to conduct a hearing on the question whether the declaration should be changed, the Chief shall notice a hearing on the issue. The board may thereafter adopt an order changing the declaration or declining to do so.
(5) If the Chief determines that the petition does not show reasonable cause to conduct a hearing on the question whether the declaration should be changed, the Chief shall notify the petitioner, and all persons given notice pursuant to subsection (c) of this section, of such determination. The petitioner may, within 30 days of the date of the notice, file a request that the board review the Chief's determination. Following receipt of any such request timely filed, the board will review the Chief's determination. The board's review shall be limited to the information provided by petitioner to the Chief, pursuant to subsection (c)(1) of this section. Following its review, the board may affirm the Chief's determination, direct the Chief to reconsider the determination, or direct the Chief to notice a hearing on the question whether the declaration should be changed.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1205, 1206, 1207 and 1525, Water Code.
HISTORY
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
2. Amendment of subsections (c)(2)-(3) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§872. Addition of Stream Systems to the Declaration.
Note • History
(a) The board may order that a stream system be added to the declaration, and the order may specify conditions upon which applications will nevertheless be accepted for filing. Any such order shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses and that a previous water right decision has determined that no water remains available for appropriation.
(b) For the purposes of this section, the term “water right decision” shall mean (1) any decision, order, resolution, staff analysis of a minor protested application, or similar document issued by the board based on evidence taken at an adjudicatory proceeding or investigation, including but not limited to a decision issued pursuant to subsection (c); (2) any final order, judgment, decree, decision, opinion, writ, or similar document issued by a court of this state or of the United States; or (3) any statute of this state or of the United States; provided that, in any case, the water right decision contains findings of fact or conclusions of law, or both, relevant to the question of availability of unappropriated water in the stream system at issue.
(c) The annual report of the Chief, Division of Water Rights, made pursuant to Water Code Section 1228.2(c), shall identify any stream system or systems which the Chief has reasonable cause to believe may become fully appropriated within the next reporting period. Any person believing that any stream system or systems should be declared to be fully appropriated may furnish information to the Chief, Division of Water Rights, to show that reasonable cause exists to conduct further hearing on the matter. Following issuance of the annual report, the Chief may notice a hearing or hearings to determine whether water remains available for appropriation from any such identified stream system or systems. Following the hearing, the board may issue a decision determining that no water remains available for appropriation. The board may thereafter adopt an order declaring that any such stream system is fully appropriated, pursuant to Water Code Section 1205.
(d) Any person may file a request for special notice of the annual report made by the Chief, Division of Water Rights, pursuant to Water Code Section 1228.2(c). The Chief shall mail a copy of the annual report to all persons filing such request.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
HISTORY
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
§873. Applications Pending at Time of Revision or Addition.
Note • History
(a) Whenever the board adopts an order revising any conditions specified in a declaration or declaring an additional stream system to be fully appropriated, the Chief, Division of Water Rights, shall review all pending applications, except applications identified in subsection (e), to appropriate unappropriated water from a stream system affected by any such revision or declaration.
(b) Applications determined by the Chief to be consistent with a revised or additional declaration shall be processed normally. In the case of applications determined by the Chief to be inconsistent in any material respect with the conditions of the revised declaration, the Chief shall provide the applicant a notice, entitled “Notice of Potential Cancellation of Water Right Application”. The notice shall specify the following elements:
(1) The manner in which the application is inconsistent with the revised declaration.
(2) A reasonable time within which the applicant may withdraw the application.
(3) A reasonable time within which the applicant may amend the application to make it consistent with the conditions of the declaration. An application so amended shall be processed normally.
(4) A reasonable time within which the applicant may provide information to show that the appropriation proposed by the application is entitled to the benefit of any area-of-origin protection principle. Any such information shall be provided in a form which complies with the formal requirements for information presented in an application to appropriate unappropriated water.
(5) A reasonable time within which the applicant may provide information to show that hydrologic circumstances have changed within the stream system declared to be fully appropriated, or that other circumstances exist which justify the continued processing of the application. Such information shall be in sufficient detail to support a prima facie finding that unappropriated water is available to supply the applicant. Any such information shall be provided in a form which complies with the formal requirements for information presented in an application to appropriate unappropriated water.
(c) If an applicant fails to respond to the Notice of Potential Cancellation of Water Right Application within the time specified therein, the Chief shall order cancellation of the application.
(d) If an applicant responds to the Notice of Potential Cancellation of Water Right Application within the specified time by providing information pursuant to subsection (b)(4), the Chief shall provide the board with a recommendation concerning disposition of the application. The recommendation shall be in the form of a proposed order which the board shall thereafter consider and act upon.
(e) The following classes of applications shall not be reviewed for consistency with a revised declaration and shall be processed normally:
(1) Applications filed by the Department of Water Resources or its predecessors pursuant to Water Code Section 10500 and held by the board.
(2) Proposed completed applications accompanying petitions for assignment of all or a portion of any application held by the board pursuant to Water Code Section 10504.
(3) Any application in favor of which a petition for release from priority of an application filed pursuant to Water Code Section 10500 is pending before the board.
(4) Protested applications, other than minor applications within the meaning of Water Code Section 1345 et seq., which have been noticed for hearing as of the date of adoption of the board's order.
(5) Protested applications, other than minor applications within the meaning of Water Code Section 1345 et seq., upon which the parties have stipulated to proceeding in lieu of hearing pursuant to section 760(a) as of the date of adoption of the board's order.
(6) Protested minor applications, within the meaning of Water Code Section 1345 et seq., with respect to which the Division of Water Rights has substantially commenced a field investigation as of the date of the board's order.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
HISTORY
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
§874. Notice of Hearings and Hearing Rules of Procedure.
Note • History
(a) The Chief, Division of Water Rights, shall give notice of any hearing scheduled pursuant to this article in accordance with Water Code Section 1207 and shall in addition mail notice at least 60 days prior to the date of the hearing to all persons interested in any pending application to appropriate unappropriated water from any stream which is the subject of the hearing.
(b) Hearings pursuant to this article shall be governed by sections 761, 762, and 763, except that any person who observes the pre-hearing submittal requirements specified in the hearing notice shall be recognized as an interested party.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1205, 1206, 1207 and 1228.2, Water Code.
HISTORY
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
Chapter 2.5. Water Rights for Stockponds
Article 1. Definitions
Note • History
“Board” when used in this subchapter means the State Water Resources Control Board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1003.5 and 1226.1, Water Code.
HISTORY
1. Renumbering and amendment of Section 900 to Section 880 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history of Subchapter 2.5 (Sections 900-926, not consecutive), see Register 74, No. 48.
Note • History
“Stockpond” when used in this subchapter means a pond having a capacity not in excess of 10 acre-feet that is used primarily for watering livestock.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1226.1, Water Code.
HISTORY
1. Renumbering and amendment of Section 901 to Section 881 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Article 2. Claims of Water Rights and Applications for Certification
Note • History
A claim of water right for a stockpond and application for certification of the right pursuant to Article 2.5 (commencing with Section 1226) of Chapter 1 of Part 2 of Division 2 of the Water Code shall be filed in duplicate with the board upon a printed form furnished by the board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226, 1226.1 and 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 905 to Section 885 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
§886. Refusal to Accept Claims.
Note • History
A claim which does not contain the required information, which is illegible or which is not accompanied by the required filing fee will be returned to the sender as unacceptable.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.1, 1226.2 and 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 906 to Section 886 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
2. Editorial correction amending section (Register 2005, No. 17).
§887. Number of Claims Required.
Note • History
A separate claim must be filed for each stockpond.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.1 and 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 907 to Section 887 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Note • History
All claims shall be certified as true under penalty of perjury in accordance with Section 2015.5 of the Code of Civil Procedure.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.1 and 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 908 to Section 888 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Article 3. Fees
Note • History
Each claim shall be accompanied by a filing fee of ten dollars ($10.00).
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 910 to Section 890 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Article 4. Notice of Claims and Protests
Note • History
The board shall issue and deliver a notice of each claim to the board of supervisors of the county wherein the stockpond is located and to each person who has filed with the board a written request for notices and may send a notice of any claim to water users in the vicinity of the stockpond who in its judgment might be affected by the use of water as set forth in the claim.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.1 and 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 915 to Section 895 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Note • History
Any person affected may, within the time allowed in the notice or such further time as the board may allow, file with the board a written protest to the claim. The protestant shall send a copy of the protest to the claimant.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226,1226.1 and 1330, Water Code.
HISTORY
1. Renumbering and amendment of Section 916 to Section 896 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Note • History
A protest shall state the name and address of the protestant, the location of his point of diversion of water with respect to the claimant's stockpond, the grounds for protest, and that a copy of the protest has been mailed or delivered to the claimant.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226, 1226.1, 1330 and 1331, Water Code.
HISTORY
1. Renumbering and amendment of Section 917 to Section 897 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Note • History
The only ground for a protest is that the claim contains a misstatement of a material fact. Material facts are: (1) The date of construction of the stockpond, (2) its capacity on January 1, 1975, (3) the primary purpose for which it was constructed and is used in watering livestock, and (4) that it was not the subject of water rights litigation between private parties prior to January 1, 1974.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1225, 1226, 1226.1, 1330 and 1331, Water Code.
HISTORY
1. Renumbering and amendment of Section 918 to Section 898 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Article 5. Investigation, Hearing, and Certification of Claims
Note • History
Upon receipt of a claim, the board will conduct such investigation as in its judgment is necessary to certify the water right. Such investigation may, but need not, include an inspection of the stockpond.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1051, 1225, 1226 and 1251, Water Code.
HISTORY
1. New Subchapter 2.5 (Sections 900-926, not consecutive) filed 11-27-74; designated effective 1-1-75 (Register 74, No. 48).
2. Renumbering and amendment of former Section 900 to Section 880, and renumbering amendment of Section 920 to Section 900 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
When requested by a claimant or protestant, the board will hold a hearing to determine any material fact which is in dispute. The board may hold a hearing on its own motion. The provisions of Subchapter 2, Article 11, insofar as they are applicable, shall govern hearings regarding claims filed under this subchapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 1226.4, Water Code.
HISTORY
1. Renumbering and amendment of former Section 901 to Section 881, and renumbering and amendment of Section 921 to Section 901 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Note • History
The board will issue a certification of the water right if it appears that the material facts stated in the claim are true and entitle the claimant to a water right for the stockpond. The water right shall be subject to all prior rights.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.1, 1226.2 and 1226.3, Water Code.
HISTORY
1. Renumbering and amendment of Section 922 to Section 902 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
2. Editorial correction amending section (Register 2005, No. 17).
Article 6. Continued Use of the Stockpond and Revocation of the Certification
§905. Continued Use of the Stockpond.
Note • History
At such other times as the board determines to be appropriate, the board will request certificate holders to furnish a statement under penalty of perjury that the water is continuing to be used primarily for stockwatering.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.4 and 1241, Water Code.
HISTORY
1. Renumbering and amendment of former Section 905 to Section 885, and renumbering and amendment of Section 925 to Section 905 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
§906. Revocation of the Certification.
Note • History
The board may, after notice to the certificate holder and opportunity for hearing, revoke any certification upon a finding that the water has ceased to be used primarily for stockwatering.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1226.4 and 1241, Water Code.
HISTORY
1. Renumbering and amendment of former Section 906 to Section 886, and renumbering and amendment of Section 926 to Section 906 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Chapter 2.7. Water Diversion and Use Reports
Article 1. Definitions
Note • History
(a) “Board” when used in this chapter means the State Water Resources Control Board.
(b) “Reports” when used in this chapter refers to the following documents:
(1) Supplemental Statement of Water Diversion and Use Forms. Pursuant to Water Code section 5104, supplemental statements of water diversion and use shall be filed at three-year intervals, prior to July 1 of the year next succeeding the end of each three-year interval.
(2) Reports of Permittee and Licensee. Pursuant to section 847 of this title, prior to issuance of license, annual progress reports shall be filed promptly by the permittee upon forms provided by the board. After issuance of a license, reports shall be made when requested by the board upon forms provided by the board.
(3) Notices of Extraction and Diversion of Water. Pursuant to Part 5 of Division 2 of the Water Code, each person in the counties of Riverside, San Bernardino, Los Angeles and Ventura who, after 1959, extracts ground water in excess of 25 acre-feet in any year shall file with the board, within six months of the succeeding calendar year, a “Notice of Extraction and Diversion of Water” on a form provided by the board.
(4) Forms indicating a change of name, address or ownership.
(c) “Website” when used in this chapter means www.waterboards. ca.gov
NOTE
Authority cited: Sections 1058, Water Code. Reference: Sections 1003.5, 1395, 1396, 1397, 4999, 5001, 5105 and 12261, Water Code.
HISTORY
1. New chapter 2.7 (articles 1-2, sections 907-930), article 1 (section 907) and section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
§908. Penalty for Perjury. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 908 to Section 888 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Article 2. Declaration of Policy
Note • History
The regulations contained in this chapter are adopted for the purpose of implementing and carrying out provisions of Chapter 2.7 of Division 1 of the Water Code and Parts 2, 5 and 5.1 of Division 2 of the Water Code. The regulations identify requirements for the mandatory electronic filing of reports on the board's internet website. Reports subject to mandatory electronic filing include: supplemental statements of water diversion and use, Water Right Progress Reports by Permittees, Reports of Licensees, Notices of Groundwater Extraction and Diversion, and reports filed by watermasters pursuant to Water Code section 5101, subdivisions (d) and (e).
NOTE
Authority cited: Sections 348(a) and 1058, Water Code. Reference: Sections 348(a), 5101, 5103 and 5104, Water Code.
HISTORY
1. New article 2 (sections 910-930) and section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
§915. Changes in Name, Address or Ownership.
Note • History
Pursuant to sections 691, 830, 831, and 1074 of this title, changes in name, address or ownership shall be immediately reported to the board electronically using a change of name, address or ownership form available on the board's website.
NOTE
Authority cited: Sections 348(a) and 1058, Water Code. Reference: Section 348(a), Water Code.
HISTORY
1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
History
HISTORY
1. Renumbering and amendment of Section 916 to Section 896 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
§917. Contents of Protests. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 917 to Section 897 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 49.
§918. Ground for Protest. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 918 to Section 897 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
§920. Supplemental Statements of Water Diversion and Use.
Note • History
(a) Supplemental statements of water diversion and use shall be filed on forms available at the board's website. A supplemental statement shall be filed triennially, or if there is a change in the name or address of the person diverting water. Notice to the board of changes in name, address or ownership must also be reported electronically on the change of name, address or ownership form on the board's website. Filing the change of name, address or ownership form does not eliminate the requirement to file a supplemental statement of water diversion and use.
(b) After the board has received an initial statement of water diversion and use as required by Water Code section 5101, the board will provide a user name and password to the person required to file supplemental statements of diversion and use. The electronic supplemental statement form will be pre-populated with current ownership information made available to the board. Failure to receive a notice providing a user name and password does not exempt the filer from the requirement to file a supplemental statement of water diversion and use. Persons required to file a supplemental statement should notify the board prior to the triennial reporting date to request a user name and password if the board has not already provided such information.
(c) The completed supplemental statement form shall include the following information:
(1) Changes to the name(s), address or ownership information on record with the board;
(2) The type of water right being claimed for the water diverted under the statement;
(3) The maximum rate of diversion achieved at any time during each month of the year, if available;
(4) The amount of water directly diverted and collected to storage in each month and the total annual amount diverted. Each month must contain an entry. If no diversion occurred, a “0” should be entered;
(5) On or after January 1, 2012, the amount of water beneficially used in each month and the total annual amount beneficially used. Each month must contain an entry. If no beneficial use occurred in a given month, a “0” should be entered;
(6) The purpose(s) for which the water was diverted and used;
(7) Any changes in the other information contained in the preceding statement;
(d) If a substitute water supply, such as recycled water, is being used in lieu of surface water required to be reported under a statement, the report should indicate substitute water used and the amount of surface water offset.
(e) If the use of an alternative supply of water or any water conservation efforts have resulted in a cessation or reduction in use, the report should indicate the extent and amount of the reduction in water use due to water conservation efforts
NOTE
Authority cited: Sections 348(a) and 1058, Water Code. Reference: Sections 348(a), 1010, 1011, 1011.5, 5100, 5101, 5103 and 5104, Water Code.
HISTORY
1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
§921. Watermaster Reports Filed with the Board.
Note • History
(a) Watermasters that elect to file annual reports with the board shall file the reports in an electronic format acceptable to the board.
(b) Reports filed with the board by a watermaster pursuant to Water Code section 5101(d) shall include the following information:
(1) Identity of the person(s) diverting water
(2) Description of the general purposes of use
(3) Description of the place of use
(4) The type of use
(5) The quantity of water diverted from each source.
(c) Reports filed with the board by a watermaster pursuant to Water Code section 5101(e) shall include the following information:
(1) Identity of the person(s) diverting water
(2) Description of the place of use
(3) The quantity of water diverted from each source.
(d) Reports filed with the board by a watermaster pursuant to Water Code section 5001 shall include the following information:
(1) Identity of the persons who have extracted or diverted water
(2) Description of the general place of use
(3) Quantity of water extracted or diverted from each source.
(e) Additional reporting criteria may be included if such criteria are included pursuant to an agreement between the board and the watermaster. Additional requirements may include: the diverter's mailing address, assessors parcel number(s), tract number, monthly diversion amounts, and total diversion amounts.
NOTE
Authority cited: Sections 348(a) and 1058, Water Code. Reference: Sections 348(a), 5001, 5101(d) and 5101(e), Water Code.
HISTORY
1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
§922. Certification. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 922 to Section 902 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
§925. Progress Reports by Permittee.
Note • History
(a) As specified in section 847 of this title, water right permit holders are required to file annual progress reports. Section 846 of this title provides that permittees may also be required to submit a written statement of the quantities of water beneficially used.
(b) Annual progress reports by permittee shall be filed no later than July of the next year succeeding the year of diversion on forms available at the board's website. A failure to file a progress report is a violation of permit terms.
(c) The annual reports shall include the following information:
(1) A statement affirming compliance with permit terms and conditions;
(2) The construction status of the permitted project and status of current water use;
(3) The purpose(s) for which water is diverted and used. Use information to be provided includes:
(A) irrigation, including crop type and acreage;
(B) frost protection, including acres covered;
(C) heat control, including acres covered;
(D) industrial, including type of activity;
(E) stock watering, including number and type of animals;
(F) municipal, including approximate population served;
(G) domestic, including number of persons served, lawn or garden area, etc.;
(H) power generation, including installed capacity in kilowatts, megawatts or horsepower;
(I) recreational, including boating, fishing or other water sports;
(J) additional uses not named above.
(4) The amount of water taken in each month from the source, including amount directly diverted and amount collected to storage, the total annual amount of water diverted. Each month must contain an entry. If no diversion occurred in a given month, a “0” should be entered;
(5) The maximum rate of diversion achieved at any time during each month of the year, if available;
(6) For permits that authorize collection of water to storage, permittees shall also report the maximum and minimum water surface elevations for each reservoir.
(d) If a substitute water supply, such as recycled water, is being used in lieu of surface water that is required to be reported under this report, the report should indicate the substitute water used and the amount of surface water offset.
(e) If the use of an alternative supply of water or any water conservation efforts have resulted in a cessation or reduction in use, the report should indicate the extent and amount of the reduction in water use due to water conservation efforts.
NOTE
Authority cited: Sections 348(a) and 1058, Water Code. Reference: Sections 348(a), 1010, 1011 and 1011.5, Water Code.
HISTORY
1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board. For prior history, see Register 87, No. 10.
§926. Revocation of the Certification. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 926 to Section 905 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 74, No. 48.
Note • History
(a) As specified in section 847 of this title, water rights license holders are required to file reports when requested by the board.
(b) Reports of licensee shall be filed annually and not later than July of the next year succeeding the year of diversion on forms available at the board's website. A failure to file a licensee report is a violation of license terms.
(c) The annual reports shall include the following information:
(1) A statement affirming compliance with license terms and conditions;
(2) The amount of water diverted;
(3) The purpose(s) for which water is diverted and used. Use information to be provided includes:
(A) irrigation, including crop type and acreage;
(B) frost protection, including acres covered;
(C) heat control, including acres covered;
(D) industrial, including type of activity;
(E) stock watering, including number and type of animals;
(F) municipal, including approximate population served;
(G) domestic, including number of persons served, lawn or garden area, etc.;
(H) power generation, including installed capacity in kilowatts, megawatts or horsepower;
(I) recreational, including boating, fishing or other water sports;
(J) additional uses not named above;
(4) The amount of water taken from the source in each month, including direct diversion amount and amount collected to storage, the total annual amount of water diverted. Each month must contain an entry. If no diversion occurred in a given month, a “0” should be entered.
(5) The maximum rate of diversion achieved at any time during each month of the year, if available;
(6) For licenses that authorize collection of water to storage, licensees shall also report the maximum and minimum water surface elevations for each reservoir.
(d) If a substitute water supply, such as recycled water, is being used in lieu of surface water that is required to be reported under this report, the report should indicate the substitute water used and the amount of surface water offset.
(e) If the use of an alternative supply of water or any water conservation efforts have resulted in a cessation or reduction in use, the report should indicate the extent and amount of the reduction in water use due to water conservation efforts.
NOTE
Authority cited: Sections 348(a) and 1058, Water Code. Reference: Sections 348(a), 1010, 1011 and 1011.5, Water Code.
HISTORY
1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
§930. Notices of Extraction and Diversion.
Note • History
(a) Annual notices of groundwater extraction and diversion required pursuant to Part 5 of Division 2 of the Water Code shall be submitted to the board electronically, within six months after the close of the succeeding calendar year, on the forms available at the board's website. A failure to file an annual notice of groundwater extraction and diversion is considered non-use of water.
(b) The report shall include the following information:
(1) Type of diversion;
(2) Amount of groundwater extracted during the calendar year;
(3) Amount of surface water diverted and used, if applicable;
(4) Method of measurement;
(5) Supplemental information, if applicable.
(c) Electronic reporting of groundwater extraction and diversion does not apply to those persons reporting to local oversight agencies pursuant to section 5009 of the Water Code.
(d) As specified in Section 1070 of this title, a filing fee is required. The fee must be submitted separately from the electronic report. Filing is not complete until the board receives the filing fee.
(e) If the use of an alternative supply of water or any water conservation efforts have resulted in a cessation or reduction in use, the report should indicate the extent and amount of the reduction in water use due to water conservation efforts.
NOTE
Authority cited: Sections 348(a), 1058 and 1529, Water Code. Reference: Sections 1005.1, 1005.2, 1005.3, 1005.4, 1011, 1011.5, 1530, 4999, 5000, 5001, 5002, 5003 and 5004, Water Code.
HISTORY
1. New section filed 12-20-2010 as an emergency; operative 12-20-2010 (Register 2010, No. 52). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
Chapter 3. Determination of Right to the Use of Water
Article 1. Definitions
Note • History
“Board” when used in this subchapter means the State Water Resources Control Board.
NOTE
Authority cited: Section 1058, Water Code.
HISTORY
1. Repealer of Sections 950 through 983, 989, 992, 993 and 996; new Sections 940 and 950 through 969 filed 6-12-56; effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 2. Adjudications Under Water Code Sections 2500 Through 2900
Note • History
A petition requesting a determination of the rights to water from a stream system, pursuant to Water Code Section 2525, shall be submitted to the board and shall contain the following:
(a) The petitioner's name and address.
(b) A description of the stream system of which the determination of all rights to water is sought.
(c) A statement of the nature of the right or rights claimed by the petitioner.
(d) A statement of facts and conditions showing why the public interest and necessity will be served by a determination of all rights to water of the stream system.
(e) Petitioner's signature.
If a petition is signed by more than one petitioner, the information required by (a) and (c) above shall be provided as to each petitioner.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 2501 and 2525, Water Code.
HISTORY
1. Renumbering and amendment of Section 950 to Section 945 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history of Section 950, see Registers 67, No. 49 and 56, No. 12.
§946. Public Interest and Necessity.
Note • History
In making its determination pursuant to Water Code Section 2525 that the public interest and necessity will be served by a determination of the water rights involved, the board will consider, together with other relevant facts and conditions, the following:
(a) The degree to which the waters of the stream system are fully used.
(b) Existence of uncertainty as to the relative priorities of rights to the use of waters of the stream system.
(c) Unsuitability of less comprehensive measures, such as private litigation or agreements, to achieve certainty of rights to the use of waters of the stream system.
(d) Need for a system-wide decree or watermaster service, or both, to assure fair and efficient allocation of the waters of the stream system.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 2525, Water Code.
HISTORY
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§947. Proof of Claim of Water Right.
Note • History
(a) Proofs of claims shall be typewritten or legibly written in ink upon forms furnished by the board. The proofs shall be certified as true under penalty of perjury in accordance with Section 2105.5 of the Code of Civil Procedure.
(b) A separate proof shall be filed for each purpose of use, including public trust use, except that water for incidental domestic, stock watering and recreational use may be claimed in the same proof with any other use, and except that public trust uses must be claimed in a single proof.
(c) A separate proof shall be filed for each diversion from the stream, except where one or more supplemental diversions are used as a convenience to convey water from the same source, under the same claim of right, to the same place of use.
(d) Whenever a claim is based upon a pending application, permit or license to appropriate water, pursuant to the Water Commission Act or the Water Code, a single proof of claim may be submitted.
(e) Where water is supplied by a public agency or private business or non-profit association, the required proofs shall be filed by the agency or association covering all water diverted by such entity from the source. Those supplied with water need not submit separate proofs, but may do so if they claim separate rights.
(f) Where a water right is held by two or more parties and the interests in said water right have been divided among the respective parties, each party shall file a separate proof covering his individual interest in the water right.
(g) Where a water right is held by two or more parties and the interests in said water right are undivided, one proof may be filed to cover the claim of the several parties.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 2501, 2526, 2528, 2553, 2555, 2575 and 2576, Water Code; and National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d 709 (1983).
HISTORY
1. Renumbering and amendment of Sections 951-957 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 67, No. 49.
§948. Signature of Deponent Claimant.
Note • History
The proof shall be signed by the claimant or authorized agent. The board shall presume that any person other than a claimant, who signs a proof of claim is an authorized agent. The presumption is overcome if the board may be charged with actual knowledge that the person signing has no authority to do so.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 2553, 2554, 2555, 2575 and 2576, Water Code.
HISTORY
1. Renumbering and amendment of Section 961 to Section 948 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
Note • History
Objections to the board's report, abstract of claims or water right, or preliminary order of determination shall be submitted in writing and shall state the specific objections and the grounds upon which the objections are based.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 2604 and 2628, Water Code.
HISTORY
1. Renumbering and amendment of Section 962 to Section 949 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77, No. 10.
§950. Other Applicable Regulations.
Note • History
The following provisions of Article 11 of Subchapter 2 apply to hearings held in connection with adjudication of water rights, except that all references to “applicants,” “petitioners” or “protestants” shall be read as referring to claimants, other holders of rights included in the preliminary order of determination and objectors in the adjudication proceeding: Section 761, Procedure at Hearings; Section 762, Witnesses and Exhibits; Section 763, Subpoenas; Section 766, Failure to Appear.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051 and 2650, Water Code.
HISTORY
1. Renumbering and amendment of former Section 988 to Section 950 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment filed 12-7-67 as procedural and organizational; effective upon filing (Register 67, No. 49).
3. Renumbering and amendment of former Section 950 to Section 945, and new section 950 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
4. Editorial correction amending section (Register 2005, No. 17).
Note • History
No proofs or documents relating thereto shall be taken from the custody of the board prior to filing same with the clerk of the superior court, as provided in Section 2750 of the Water Code. Access to the same, and inspection thereof, will be permitted during regular office hours.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 2625, 2626 and 2750, Water Code.
HISTORY
1. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Renumbering and amendment of former Section 951 to Section 947, and renumbering and amendment of Section 969 to Section 951 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§952. Separate Proof for Each Purpose of Use. [Renumbered]
History
HISTORY
1. Amendment filed 12-7-67 as organizational and procedural; effective thirtieth day thereafter (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Renumbering and amendment of former Section 952 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§953. Separate Proof for Each Diversion. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 953 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§954. Single Proof for Claim Initiated Under the Water Commission Act or Water Code. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 954 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§955. Claims to Water Supplied by District or Water Company. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 955 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§956. Divided Interests. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 956 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§957. Undivided Interests. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 957 to Section 947 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§958. General Requirements for Proofs of Claims. [Repealed]
History
HISTORY
1. New section (renumbered from former Section 990(a) amended) filed 6-12-56; effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment of subsections (b) and (c) filed 4-25-72; effective thirtieth day thereafter (Register 72, No. 18).
3. Repealer filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
§959. Specific Requirements for Irrigation Proofs. [Repealed]
History
HISTORY
1. New section (renumbered from former Section 990(b), (c) and (d), amended) filed 6-12-56; effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Repealer and new section filed 4-25-72; effective thirtieth day thereafter (Register 72, No. 18).
4. Repealer filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
§960. Uses Other Than Irrigation. [Repealed]
History
HISTORY
1. Amendment of subsection (b) filed 4-25-72; effective thirtieth day thereafter (Register 72, No. 18). For prior history, see Register 56, No. 12.
2. Repealer filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
§961. Signature of Deponent. [Renumbered]
History
HISTORY
1. Renumbering and amendment of Section 961 to Section 948 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§962. Objections. [Renumbered]
History
HISTORY
1. New section (renumbered from former Section 991 amended) filed 6-12-56; effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Amendment filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
4. Renumbering and amendment of Section 962 to Section 749 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
History
HISTORY
1. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Amendment filed 12-15-72; effective thirtieth day thereafter (Register 72, No. 51).
3. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§964. Procedure at Hearings. [Repealed]
History
HISTORY
1. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 56, No. 12.
§965. Official Notice. [Repealed]
History
HISTORY
1. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§966. Evidence by Reference. [Repealed]
History
HISTORY
1. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§967. Oral Arguments and Briefs. [Repealed]
History
HISTORY
1. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer filed 1-16-87, effective thirtieth day thereafter (Register 87, No. 10).
§968. Attorneys or Agents. [Repealed]
History
HISTORY
1. New section (renumbered from former Section 994 amended) filed 6-12-56; effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§969. Inspection of Records. [Renumbered]
History
HISTORY
1. New section (renumbered from former Section 995 amended) filed 6-12-56; effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon filing (Register 67, No. 49).
3. Renumbering and amendment of Section 961 to Section 951 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Chapter 4. Recordation of Water Extractions and Diversions
Article 1. Notices of Water Extractions and Diversions
Note • History
Notices filed with the board pursuant to Part 5, Division 2, of the Water Code shall be submitted upon forms furnished by the board.
NOTE
Authority cited: Sections 1052 and 1058, and 5002 and 5008, Water Code. Issuing agency: State Water Rights Board. Additional authority and reference cited: Sections 5006 and 5007, Water Code.
HISTORY
1. New Subchapter 4 (§§1000, 1001, 1002, 1006, 1010, 1011, 1015, 1020, 1021 and 1022) filed 10-18-56; effective thirtieth day thereafter (Register 56, No. 19).
2. Repealer of Sections 1000, 1001, 1005, 1006 1010, 1011 and 1015, and new Sections 1000, 1001 and 1002, filed 12-27-57; effective thirtieth day thereafter (Register 58, No. 1).
3. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
A separate First Notice and Annual Notice shall be filed for each well or surface diversion.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 5101, 5102 and 5104, Water Code.
HISTORY
1. New Note filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
The notices shall contain the available information required by the forms provided by the board and shall be prepared in accordance with the instructions contained therein.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 5103, Water Code.
HISTORY
1. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 2. Fees
Note • History
Notices of ground water extraction or surface water diversions shall be accompanied by a filing fee required by section 1070 of this division.
NOTE
Authority cited: Sections 1058, 1530 and 5006, Water Code. Reference: Sections 1529 and 5006, Water Code.
HISTORY
1. Renumbering from Section 1020, and amendment filed 12-27-57; effective thirtieth day thereafter (Register 58, No. 1).
2. Amendment filed 11-25-59; effective thirtieth day thereafter (Register 59, No. 20).
3. Amendment filed 5-24-74; designated effective 7-1-74 (Register 74, No. 21).
4. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
5. Amendment of section and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§1011. Effect of Failure to Pay Filing Fees.
Note • History
Notices not accompanied by the required fees will not be accepted for filing.
NOTE
Authority cited: Sections 1058 and 5006, Water Code. Reference: Section 5006, Water Code.
HISTORY
1. Renumbering from Section 1021 filed 12-27-57; effective thirtieth day thereafter (Register 58, No. 1).
2. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
Requests for investigations and determinations under Section 5007 of the Water Code shall be accompanied by a payment of twenty-five dollars ($25). The board will then estimate the total cost of the investigation and determination, and will send a statement thereof to the applicant. Any part of such estimate in excess of twenty-five dollars ($25) must be paid before the investigation is commenced. The estimated total cost of the investigation and determination shall not be exceeded by more than 20 percent without prior notice to the applicant and until his written consent to proceed is obtained and such further payment as the board requires is received.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
HISTORY
1. Renumbering from Section 1022 filed 12-27-57; effective thirtieth day thereafter (Register 58, No. 1).
2. Amendment filed 10-25-65; effective thirtieth day thereafter (Register 65, No. 20).
3. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
4. Editorial correction amending section (Register 2005, No. 17).
Article 3. Investigation and Determination of Facts
§1020. Notice of Investigation.
Note • History
After a request for an investigation and determination of facts pursuant to Section 5007 of the Water Code has been received and the estimated cost has been paid, all persons known to have a direct interest in the matter will be notified of the pendency of the investigation and that they are allowed 30 days within which to submit relevant information concerning the facts to be determined.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
HISTORY
1. New Article 3 (Sections 1020 through 1023) filed 10-25-65; effective thirtieth day thereafter (Register 65, No. 20).
2. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§1021. Service of Proposed Findings.
Note • History
After the board's investigation has been completed, a copy of the proposed findings will be mailed to the person who filed the notice, the person who requested the investigation, and any other person who has submitted information. The proposed findings will be accompanied by a notice that objections to them may be filed within 60 days. The board will specify the persons on whom a copy of any objections shall be served.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
HISTORY
1. New noted filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
If deemed advisable by the board, a hearing will be held to determine any facts which are in dispute. The provisions of Subchapter 2, Article 11, insofar as they are applicable, shall govern hearings held pursuant to this subchapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
HISTORY
1. Renumbering and amendment of former Section 1022 to Section 1023, and new Section 1022 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
After the time for filing objections has expired, and after any necessary hearing has been held, a draft of the board's finding and determinations will be prepared and mailed to interested persons who have appeared in the proceeding together with a notice of the time when final action will be taken, which time will not be less than 30 days from the date of mailing the notice. Exceptions to the draft may be filed and served on opposing parties prior to the time stated in the notice and will be considered by the board in making its final determination. The board may cause such further investigation to be made as it deems necessary and for such purpose may defer making its final determination.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 5007, Water Code.
HISTORY
1. Renumbering and amendment of former Section 1023 to Section 1024, and renumbering and amendment of Section 1022 to Section 1023 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Note • History
The board may for cause and consistent with Section 5007 of the Water Code shorten any of the times stated in this article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 1020, 1021, 1022 and 1023, Water Code.
HISTORY
1. Renumbering and amendment of former Section 1023 to Section 1024 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Chapter 4.5. Procedures for Protecting Instream Beneficial Uses [Repealed]
NOTE
Authority cited: Sections 185, 1058 and 1252, Water Code. Reference: Sections 174, 183, 275, 1051, 1243, 1243.5, 1253, 1255, 1257, 13140, 13142 and 13170, Water Code; and Sections 21000, et seq., Public Resources Code.
HISTORY
1. New Subchapter 4.5 (Articles 1-3, Sections 1050-1060, not consecutive) filed 5-29-81; effective thirtieth day thereafter (Register 81, No. 22).
2. Repealer of Subchapter 4.5 (Sections 1050-1060, not consecutive) filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 40).
Chapter 5. Fees
Note • History
(a) “Annual fee” means a fee for the twelve-month fiscal year beginning July 1 and ending June 30, that is described in sections 1063, 1065, 1066, 1067, and 3833.1 of this title, and that the State Board of Equalization is required to collect pursuant to Water Code section 1537.
(b) “Assessment” means an amount owing as included in a notice of determination or similar billing document issued by the State Board of Equalization to a person identified by the board as owing an annual fee, unpaid fee, or expense.
(c) “Board” means the State Water Resources Control Board.
(d) “Fee payer” means any person liable for the payment of fees or expenses collected pursuant to this chapter.
(e) “Person” means a person, individual, trust, joint stock company, business concern, firm, association, organization, partnership, business trust, corporation, limited liability company, company, or entity or organization capable of holding an interest in real property in California. “Person” also includes a city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, interstate body, and the United States, to the extent authorized by federal law.
(f) “Unpaid fee” means any fee provided for under this chapter or chapter 28 of this title that was not timely paid to the board and that the State Board of Equalization is required to collect pursuant to Water Code section 1537.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 19, 25, 1252.5, 1525, 1536, 1537 and 13050(c), Water Code.
HISTORY
1. New chapter 5 (sections 1061-1078) and section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board. For prior history of chapter 5, sections 2001-2022, see Register 81, No. 36.
§1062. Filing Fees for Water Right Applications.
Note • History
(a) A person who files a water right application shall pay to the board a filing fee as follows:
(1)(A) Except as provided in subparagraphs (B) and (C), the fee for a water right application shall be $1,000, plus $15 for each acre-foot that the applicant seeks to divert in excess of 10 acre-feet. The total fee shall not exceed $460,281, plus any additional fee due pursuant to subparagraphs (2) and (3).
(B) At a facility where a small hydroelectric generating facility meets the criteria for a Class 28 categorical exemption under the California Environmental Quality Act, as established in California Code of Regulations, title 14, section 15328, the fee shall be $1,000.
(C) The fee for an application for a temporary permit filed under Water Code section 1425 shall be the greater of either (i) 50 percent of the fee calculated under subparagraph (A), above, or (ii) $2,000; except that the fee for an application for a temporary permit at a small hydroelectric generating facility that meets the criteria for a Class 28 categorical exemption under the California Environmental Quality Act, as established in California Code of Regulations, title 14, section 15328, shall be $1,000. The filing fee includes the annual permit fee if a temporary permit is issued.
(2) If a water right application is accompanied by a petition to revise a declaration of fully appropriated stream systems, then $10,000 shall be added to the fee.
(3) If a water right application is accompanied by a petition for assignment of a state-filed application pursuant to Water Code section 10504, then $5,000 shall be added to the fee.
(b) A person who filed a water right application on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental filing fee equal to the difference between the filing fee already paid and the amount due pursuant to the regulation in effect on January 1, 2004.
(c) The application filing fee includes a non-refundable $250 initial review fee.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1425, 1426, 1525 and 1535, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a)(1) and (b) and new subsection (c) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Redesignation and amendment of former subsection (a)(1) as new subsection (a)(1)(A) and new subsection (a)(1)(B) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
5. Amendment of subsection (a)(1)(A), new subsection (a)(1)(C) and amendment of Note filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
6. Editorial correction of subsection (a)(1)(A) (Register 2009, No. 28).
7. Amendment of subsection (a)(1)(A) filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).
8. Amendment of subsection (a)(1)(A) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
9. Amendment of subsection (a)(1)(A) filed 10-20-2011 as an emergency; operative 10-20-2011. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
§1063. Annual Fees for Water Right Applications.
Note • History
Under any of the following circumstances, a water right applicant shall pay an annual fee, as set forth in section 1066:
(a) The diversion of water, the construction of diversion works, or the clearing of land where the diverted water will be used or stored, has been initiated before a permit is issued authorizing the diversion.
(b) The applicant requests the board to delay processing the water right application.
(c) The applicant is a lead agency under the California Environmental Quality Act (CEQA) (commencing with Public Resources Code section 21000) and has not adopted or certified a final environmental document for the project for which the application is filed, as may be required under CEQA, within two years after the board first provides notice of the water right application.
(d) The applicant fails to provide supplemental information requested pursuant to Water Code section 1275 within the time period provided.
(e) The Chief, Division of Water Rights, has determined that a permit may be issued for the project, but the applicant has not paid filing fees required under Public Resources Code section 10005, Fish and Game Code section 711.4, or other law.
NOTE
Authority cited: Sections 1058 and1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsection (c) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
3. Editorial correction of History 2 (Register 2008, No. 45).
§1064. Filing Fees for Petitions or Requests.
Note • History
(a) A person who files a petition or a request for release from priority shall pay to the board a filing fee for each water right application, permit or license covered by the petition or request in accordance with this section.
(1) For purposes of calculating the filing fee, a petition to change one or more terms of a single application, permit, license, or other water right shall be considered a single petition, provided that action can be taken on the changes simultaneously, except that a petition for an extension of time shall be considered a separate petition, subject to a separate fee, from a petition to change one or more other terms in a water right. A petitioner requesting changes to more than one application, permit, license, or other water right shall file a separate petition or petitions for each water right and a filing fee shall be required for each petition. A separate filing fee shall be required for each change petition subsequently filed on a water right that is already the subject of a pending petition for change.
(A) Except as provided in subparagraphs (i), (ii), and (iii), the fee for a petition to change the terms of an application, permit or license shall be as follows. The fee shall be a minimum of $1,000. If the total annual amount of diversion sought by the pending application or authorized by the permit or license, as calculated in accordance with section 1066, is greater than 10 acre-feet, then the petitioner shall pay an additional $0.30 for each acre-foot in excess of 10 acre-feet. The total fee shall not exceed $5,782.
(i) The fee for a petition for change pursuant only to Water Code section 1707 shall be $850.
(ii) The fee for a change petition involving a transfer of water pursuant to Water Code section 382, 1435, 1701, 1725, or 1735 shall be $2,000, plus $0.30 for each acre-foot that the petitioner seeks to transfer in excess of 10 acre-feet. The fee shall be based on the maximum amount of water proposed to be transferred annually, not the amount of water proposed to be transferred over the entire term of the transfer. The total fee shall not exceed $460,281.
(iii) The fee for a petition for extension of time shall be $1,000.
(2) The fee for a petition to change the point of discharge, place of use, or purpose of use of treated wastewater pursuant to Water Code section 1211 shall be $1,000.
(3) The fee for a request for release from priority of a state-filed application pursuant to Water Code section 10504 shall be $5,000.
(4) The fee for a petition filed pursuant to Water Code section 1228.7 to change the point of diversion or place of use under a registration of an appropriation for small domestic or livestock stockpond use shall be $250.
(b) A person who filed a petition or a request for release from priority on or after July 1, 2003, and prior to January 1, 2004, shall pay a supplemental filing fee equal to the difference between the filing fee already paid and the amount due pursuant to the regulation in effect on January 1, 2004.
(c) The petition filing fee includes a non-refundable $250 initial review fee.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 386, 1525 and 1535, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Repealer and new subsection (a)(1), new subsection (a)(1)(A), subsection renumbering, amendment of newly designated subsection (a)(1)(A)(ii) and new subsection (a)(4) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
5. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
6. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).
7. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
8. Amendment of subsections (a)(1)(A) and (a)(1)(A)(ii) filed 10-20-2011 as an emergency; operative 10-20-2011. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
§1065. Annual Fees for Petitions or Requests.
Note • History
If any of the following circumstances occurs, a person filing a petition or request for release from priority shall pay an annual fee of $1,000 for each water right application, permit or license covered by the petition or request. This annual fee is in addition to any annual fee required under section 1066.
(a) The person requests the board to delay processing the petition or request.
(b) The person diverts or uses water, before the board approves the requested change, in a manner that is not authorized without approval of the requested change.
(c) The person is a lead agency under the California Environmental Quality Act (CEQA) (commencing with Public Resources Code section 21000) and has not adopted or certified a final environmental document for the project for which the petition or request is filed, as may be required under CEQA, within two years after the board first provides notice of the petition or request.
(d) The person fails to provide supplemental information requested pursuant to Water Code section 1701.3 within the time period provided.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of section heading, first paragraph and subsections (a) and (c) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
3. Editorial correction of History 2 (Register 2008, No. 45).
§1066. Annual Fees for Permits or Licenses.
Note • History
(a) A person who holds a water right permit or license shall pay a minimum annual fee of $150. If the total annual amount of diversion authorized by the permit or license is greater than 10 acre-feet, then the permittee or licensee shall pay an additional $0.050 for each acre-foot in excess of 10 acre-feet.
(1) For permits or licenses issued prior to the beginning of the year for which the fee is imposed, the board shall calculate annual fees according to the total annual amount of diversion authorized by the permit or license as of the beginning of the year.
(2) The board shall calculate annual fees for permits issued on or after the beginning of the year according to the total annual amount of diversion authorized by the permit as issued by the board.
(b) The board shall calculate the annual fee based on the total annual amount of diversion authorized by the permit or license, without regard to the availability of water for diversion or any bypass requirements or other conditions or constraints that may have the practical effect of limiting diversions but do not constitute a condition of the permit or license that expressly sets a maximum amount of diversion.
(1) If the permit or license does not expressly identify the total annual amount of diversion, the board shall calculate the total annual amount based on the rate of authorized diversion multiplied by the length of time in the authorized season of diversion.
(2) If the permit or license contains an annual diversion limitation that is applicable only to that permit or license, and the limitation is less than the calculated diversion volume, the fee shall be based on the amount specified in the limitation.
(3) If a person holds multiple water rights that contain an annual diversion limitation that is applicable to the combination of those rights, but the person may still divert the full amount authorized under a particular right, then the fee shall be based on the total annual amount for that individual right.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1536 and 1537, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a), (b)(2) and (b)(3) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Amendment of section (a) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
5. Amendment of subsection (a) filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).
6. Amendment of subsection (a) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
7. Amendment of subsection (a) filed 10-20-2011 as an emergency; operative 10-20-2011. Water Code section 1530 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
Note • History
(a) A person who files an application for approval of a water lease agreement pursuant to Water Code section 1025.5 shall pay to the board a filing fee equal to an amount calculated in accordance with the fee schedule in section 1062 of this chapter, except that the fee shall be based on the amount of water proposed to be leased over the entire term of the lease instead of the amount proposed to be diverted per year, and the fee shall not be subject to any limit imposed under that section. The filing fee shall constitute all annual fees for the term of the lease.
(b) A person who provides notice of a water lease to the board shall pay to the State Board of Equalization an annual fee determined by the board pursuant to this subdivision.
(1) When a water district submits a notice to the board under Water Code section 1025, the water district shall include in the notice sufficient information for the board to determine the maximum amount of water to be leased for each year the lease will be in effect. The board shall determine the annual fees for the lease in an amount equal to the fee set forth in section 1062 of this chapter for the first year of the lease, and the fee set forth in section 1062 for each additional year the lease agreement is in effect, except that the fee for each year shall not be subject to any limit imposed under that section. In applying section 1062 to calculate the amount of the fee for the lease, the board shall calculate a separate annual fee for each year based on the amount of water proposed to be leased each year instead of calculating the fee based on the amount of water proposed to be diverted per year.
(2) The water district shall notify the board that it has approved a lease agreement, and shall provide the board a copy of the notice of determination submitted in compliance with the California Environmental Quality Act (commencing with section 21000 of the Public Resources Code), within ten days after the water district approves the lease agreement.
(3) The water lease shall not take effect until the first annual fee is paid, and the water lease shall not continue in effect in any subsequent year unless the annual fee for that year is paid.
(c) The board may collect additional fees to cover its costs of compliance with Water Code sections 1026 and 1029.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1025, 1025.5, 1031 and 1525, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a) and (b)(1) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Amendment of subsections (a) and (b)(1) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
§1068. Registration Fees for Small Domestic and Livestock Stockpond Uses.
Note • History
(a) A person who registers an appropriation of water for small domestic or livestock stockpond use pursuant to Water Code section 1228.3 shall pay to the board a registration fee of $250.
(b) A person who renews such registration pursuant to Water Code section 1228.5 shall pay to the board a renewal fee of $100.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1228.3, 1228.5 and 1525, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
Note • History
A person who files a proof of claim under division 2, part 3, chapter 3, article 4 (commencing with section 2575) of the Water Code, shall pay to the board a filing fee of $500.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1528, 1535 and 2850, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§1070. Notice of Extraction and Diversion of Water.
Note • History
A person who files a notice under division 2, part 5 (commencing with section 4999) of the Water Code, shall pay to the board a filing fee of $50.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1529, 1535 and 5006, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment filed 10-21-2009 as an emergency; operative 10-21-2009. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 43).
§1071. Hydroelectric Projects.
Note • History
(a) Except as provided in subdivision (b), a fee imposed under this chapter for an activity involving the diversion or use of water for the purpose of diverting water for hydropower generation shall be calculated as follows:
(1) At a facility licensed, or subject to licensing, by the Federal Energy Regulatory Commission, the fee shall be the greater of either 30 percent of the fee calculated in accordance with the other applicable provisions of this chapter or $100.
(2) At all other hydropower generation facilities, the fee shall be the greater of either 50 percent of the fee calculated in accordance with the other applicable provisions of this chapter or $100.
(b) Subdivision (a) does not apply to the following:
(1) Any permit, license, application, petition or other filing that authorizes or proposes an irrigation use, municipal use, or other consumptive use unless that permit, license, application, petition or other filing is primarily for power use and specifically identifies the consumptive use as an incidental use.
(2) Any fee or portion of a fee imposed pursuant to paragraph (1)(B), (2) or (3) of subdivision (a) of section 1062, subdivision (d) of section 1063, subdivision (d) of section 1065, or section 1069.
(3) Any expense imposed under part 3 (commencing with section 2000) of division 2 of the Water Code or to any fee imposed under chapter 28 of this division.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Section 1525, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsection (b)(2) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
3. Editorial correction of History 2 (Register 2008, No. 45).
§1072. Joint and Several Liability.
Note • History
If more than one person is liable for a fee under this chapter, then that liability shall be joint and several.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Section 1525, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§1073. Allocation of Fees and Expenses.
Note • History
(a) The Chief, Division of Water Rights (Division Chief), is delegated the authority to apply Water Code section 1560, subdivision (b).
(b) The Division Chief's determination under Water Code section 1540 whether the United States Bureau of Reclamation (USBR) is likely to decline to pay fees or expenses for projects within the Central Valley Project, and any allocation of those fees or expenses, shall be consistent with the following criteria:
(1) The Division Chief first shall consult with the USBR to ascertain whether the USBR will pay the applicable amount or agree to contractual arrangements that, in the opinion of the Division Chief, provide an adequate substitute for payment of the fee or expense.
(2) If the USBR declines or is likely to decline to pay the fee or expense or to agree to contractual arrangements acceptable to the Division Chief, the Division Chief shall allocate the fee or expense to the USBR'S water supply contractors in accordance with subdivision (b)(2) of Water Code section 1560. The fee or expense for projects of the Central Valley Project shall be prorated among the contractors for the Central Valley Project based on either the contractor's entitlement under the contract or, if the contractor has a base supply under the contract, the contractor's supplemental supply entitlement. This formula is expressed mathematically as follows:
Embedded Graphic 23.0055
(c) If a fee or expense or portion thereof is allocated, pursuant to subdivision (b)(2) of Water Code section 1560 or subdivision (b) of this section, to an individual water supply contractor that is a federal agency or Indian tribe who has declined, or is likely to decline, to pay the fee or expense, the Division Chief may apply subdivision (b) of Water Code section 1560 to the fee or expense or portion thereof allocated to that contractor.
(d) If a water supply contractor allocated a portion of an annual fee pursuant to subdivision (b)(2) of section 1560 of the Water Code or subdivision (b) of this section successfully petitions the board to reduce or eliminate that allocation, the board's action on the petition shall not provide a basis for recalculation or reapportionment of the annual fee for that fiscal year as apportioned to any other contractor that has not filed a petition for reconsideration of its allocation.
(e) The following definitions apply to this section:
(1) “Base supply” means the amount of water delivered to a water user by USBR from the Central Valley Project that is designated as base supply in a water supply contract between the user and the USBR.
(2) “Supplemental supply entitlement” means the amount of water exceeding base supply delivered from the Central Valley Project to a water user.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1540 and 1560, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§1074. Administration of Fees and Expenses.
Note • History
(a) Annual fees shall be imposed based on the fiscal year (July 1 through June 30). Annual fees shall be based on the regulations in effect at the time of assessment. Except as otherwise provided in section 1062, subdivision (b) and section 1064, subdivision (b), filing fees shall be based on the regulations in effect at the time of filing. All references in this chapter to the beginning of the year or to circumstances occurring during the year shall be construed to refer to the fiscal year.
(b) Except as provided in this subdivision, if the circumstances establishing a requirement for payment of an annual fee occur during a year, the entire annual fee shall be imposed for that year, even if those circumstances occur for only a portion of the year. The board may decide not to assess an annual fee if a permittee or licensee requests revocation of the permit or license before the annual fee is assessed and the board determines that revocation likely would be appropriate.
(c) If the identity of a fee payer changes before an assessment is issued, the previous fee payer remains responsible for payment of the assessment, unless the fee payer notifies the board of the name and address of the new fee payer at least 10 days before the assessment is issued. The notice must comply with section 831 of this division, if applicable.
(d) An annual fee shall be due and payable thirty days after the State Board of Equalization issues an assessment.
(e) Expenses and unpaid fees are due on the date that they should have been paid to the board.
(f) Whenever, while acting within the scope of its authority under chapter 8 (commencing with section 1525), part 2, division 2 of the Water Code, the board notifies the State Board of Equalization of an assessment, decision on a petition for reconsideration, decision on a claim for refund, cancellation, or adjustment, the State Board of Equalization shall, without further review, collect, refund, cancel or adjust the assessment or other amount in accordance with the instructions of the board.
(g) If a fee payer files a petition for reconsideration of an assessment with the board pursuant to section 1077 or section 1078 of this chapter, then the fee payer may either (i) timely pay the assessment to the State Board of Equalization and include a request for refund in the petition for reconsideration filed with the board or (ii) postpone payment of the assessment while the petition for reconsideration is pending.
(1) If payment of the assessment is postponed until the board decides the petition for reconsideration, interest will continue to accrue from the date the assessment was initially due at the rate specified in Revenue and Taxation Code section 55042.
(2) The board shall promptly notify the State Board of Equalization of its decision on a petition for reconsideration.
(3) Any amount to be refunded or cancelled shall be credited by the State Board of Equalization on any amounts then due from the person from whom the amount to be refunded or cancelled was collected or by whom it was paid, and the balance shall be refunded to the person, or his or her successors, administrator, or executors.
(h) If the board denies the petition for reconsideration in whole or in part, then the assessment shall become final for purposes of the Fee Collection Procedures Law, part 30 (commencing with section 55001) of division 2 of the Revenue and Taxation Code, thirty days after the State Board of Equalization issues a reassessment implementing the board's decision. Interest shall be due from the date that the assessment was originally due and penalties shall accrue commencing on the date that the reassessment becomes final for purposes of the Fee Collection Procedures Law. This paragraph does not affect the deadline for filing a petition for writ of mandate under section 1126 of the Water Code. For purposes of section 1126 of the Water Code, the board's order or decision on a petition for reconsideration is final on the date that the board issues the order or decision.
(i) Thirty-one days following the date of assessment or reassessment by the State Board of Equalization, amounts assessed by the State Board of Equalization that were not the subject of a timely petition for reconsideration by the board, and amounts that were the subject of a timely petition for reconsideration that have been decided by the board to be owing, shall be treated as final liabilities under the Fee Collection Procedures Law.
(j) A person may not maintain a suit in any court for the recovery of a fee assessed by the State Board of Equalization unless the person has filed a petition for reconsideration in accordance with this chapter and has either paid the fee in accordance with subdivision (d) or pays the fee within 30 days of the issuance of a reassessment of the fee pursuant to subdivision (h). The petition and payment of the fee in accordance with this subdivision constitute a claim for refund within the meaning of section 55242 of the Revenue and Taxation Code.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: California Constitution, Article XIII, Section 32; and Sections 1525, 1535, 1536 and 1537, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a)-(c), (f) and (g), new subsection (j) and amendment of Note filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Editorial correction of subsection (j) (Register 2004, No. 46).
§1075. Collection of Fees and Expenses.
Note • History
(a) The State Board of Equalization shall collect the annual fees established under sections 1063, 1065, 1066, 1067, and 3833.1 of this division, and any unpaid fees or expenses that the board refers to the State Board of Equalization for collection. The expenses that the State Board of Equalization is required to collect pursuant to Water Code section 1537 shall be considered fees for purposes of the Fee Collection Procedures Law, part 30 (commencing with section 55001) of division 2 of the Revenue and Taxation Code. On referral by the board, a person owing a fee or expense that must be collected by the State Board of Equalization is deemed to have registered with the State Board of Equalization for purposes of the Fee Collection Procedures Law and entry into the State Board of Equalization registration system.
(b) The board may request from a fee payer any additional information necessary for the board to determine the appropriate fee or expense or for the State Board of Equalization to collect the fee or expense pursuant to the Fee Collection Procedures Law.
(c) For purposes of collection, the board shall provide the State Board of Equalization with the name and address of the fee payer or the fee payer's authorized representative. The board may designate the person from whom the State Board of Equalization shall collect the fee. The State Board of Equalization's issuance of an assessment to a fee payer's authorized representative shall be deemed to be notice to each fee payer.
(d) The State Board of Equalization may rely on the fee payer information provided by the board until the board notifies the State Board of Equalization of a change in the fee payer's information. A fee payer shall promptly notify the board of any changes or corrections to the fee payer's identifying information. The board shall promptly notify the State Board of Equalization of changes or corrections to the identifying information.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1525, 1535, 1536 and 1537, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§1076. Cancellation for Nonpayment of Fees.
Note • History
The board may cancel an application, petition, or request for release from priority for failure to pay either a filing fee required under section 1062 or 1064 or an annual fee required under section 1063 or 1065 of this chapter. Before canceling the application, petition, or request, the board first shall notify the fee payer that nonpayment of the fee may result in cancellation of the application, petition or request. If the fee payer does not submit the required fee within 60 days after such notification, the board may cancel the application, petition, or request.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1270, 1271, 1525 and 1535, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§1077. Petition for Reconsideration.
Note • History
(a) The board's determination that a person is required to pay a fee, or determination regarding the amount of the fee, shall be subject to reconsideration under chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code. Any petition for reconsideration shall be submitted by the fee payer in accordance with that chapter and article 12 (commencing with section 768) of chapter 2 of division 3 of this title.
(1) The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.
(2) A petition for reconsideration of a fee assessed by the State Board of Equalization must either include either a copy of the notice of assessment or all of the following information:
(A) The fee payer's name;
(B) The water right or State Board of Equalization identification number;
(C) The amount assessed; and
(D) The billing period or assessment date.
(b) If the subject of a petition for reconsideration relates to an assessment by the State Board of Equalization, the board's decision regarding an annual fee shall be deemed adopted on the date of assessment by the State Board of Equalization. A petition for reconsideration is timely filed only if the board receives the petition within 30 days of the date the assessment is issued.
(c) The State Board of Equalization shall not accept a petition for reconsideration of the board's determination that a person is required to pay a fee, or the amount of the fee. If the State Board of Equalization receives any petition for reconsideration, it shall promptly forward the petition to the board.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1120 and 1537, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a) and (b) and amendment of Note filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Amendment of subsection (b) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Editorial correction of History 3 (Register 2008, No. 45).
5. Redesignation and amendment of portions of former subsection (a) as new subsections (a)(1)-(2) and new subsections (a)(2)(A)-(D) filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 1530 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
§1078. Objection to Determination of Expenses.
Note • History
(a) In a proceeding under chapter 3 (commencing with section 2500) of part 3 of division 2 of the Water Code, any objection to the board's collection of a filing fee for proof of claim or of interim or partial payments pursuant to Water Code section 2865, shall be subject to reconsideration under chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code. Any petition by an aggrieved person to the board for reconsideration shall be submitted in accordance with that chapter and article 12 (commencing with section 768) of chapter 2 of division 3 of this title. The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.
(b) Any objection to the final determination of expenses, or apportionment thereof, made by the board and filed with the court shall be made in accordance with the provisions of article 13 (commencing with Water Code section 2850) of chapter 3 of part 3 of division 2 of the Water Code.
NOTE
Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections 1120, 1525 and 2850, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
Chapter 6. Review by State Board of Action or Failure to Act by Regional Board
§2050. Petition for Review by State Board.
Note • History
(a) Any petition by an aggrieved person to the state board for review under Water Code Section 13320(a) of an action or failure to act by a regional board shall be submitted in writing and received by the state board within 30 days of any action or failure to act by a regional board. The petition shall contain the following:
(1) Name, address, telephone number and email address (if available) of the petitioner.
(2) The specific action or inaction of the regional board which the state board is requested to review and a copy of any order or resolution of the regional board which is referred to in the petition, if available. If the order or resolution of the regional board is not available, a statement shall be included giving the reason(s) for not including the order or resolution.
(3) The date on which the regional board acted or refused to act or on which the regional board was requested to act.
(4) A full and complete statement of the reasons the action or failure to act was inappropriate or improper.
(5) The manner in which the petitioner is aggrieved.
(6) The specific action by the state or regional board which petitioner requests.
(7) A statement of points and authorities in support of legal issues raised in the petition, including citations to documents or the transcript of the regional board hearing where appropriate.
(8) A statement that the petition has been sent to the appropriate regional board and to the discharger, if not the petitioner.
(9) A statement that the substantive issues or objections raised in the petition were raised before the regional board, or an explanation of why the petitioner was not required or was unable to raise these substantive issues or objections before the regional board.
(b) Service of a petition may be made by U.S. mail, by hand delivery, by facsimile with hard copy to follow, or via e-mail by prior arrangement. [In the case of service by facsimile, only the petition itself shall be sent. All exhibits shall be included with the hard copy.] The petition must be received by the state board no later than 5:00 p.m. 30 days following the date of the action or inaction by the regional board, except that if the thirtieth day following the date of the action or inaction falls on a Saturday, Sunday, or state holiday, the petition must be received by the state board no later than 5:00 p.m. on the first business day following.
(c) If the action or inaction that is the subject of the petition was taken by the regional board after notice and opportunity to comment, the petition to the state board shall be limited to those substantive issues or objections that were raised before the regional board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. Repealer of Subchapter 6 (§§2050 through 2053) and new Subchapter 6 (§§2050 through 2065) filed 8-30-72 as organizational and procedural; effective upon filing (Register 72, No. 36). For prior history, see Register 71, No. 3.
2. Repealer of Subchapter 6 (§§2050 through 2065) and new Subchapter 6 (§§2050 through 2065) filed 12-15-72; effective thirtieth day thereafter (Register 72, No. 51).
3. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
4. Amendment filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
5. Certificate of Compliance filed 7-13-79 (Register 79, No. 28). 6. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
6. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§2050.5. Complete Petitions; Responses; Time Limits.
Note • History
(a) Upon receipt of a petition that complies with section 2050 the state board may either dismiss the petition pursuant to section 2052, or may provide written notification to the petitioner, informing the discharger (if not the petitioner), the regional board, and other interested persons that they shall have 30 days from the date of mailing such notification to file a response to the petition with the state board. The regional board shall file the administrative record within this 30-day period, including a copy of the tape recording of the regional board action, or a transcript, if available. Responses to petitions and any other submissions shall be served concurrently upon the petitioner, the discharger (if not the petitioner) and the regional board, by any method listed in section 2050(b). Any points and authorities filed in response to the petition shall include citations to documents or the transcript of the regional board hearing where appropriate. The time for filing a response or the administrative record may be extended by the state board. Additional submissions will be allowed only upon written request and at the discretion of the state board.
(b) The state board shall review and act on the petition within 270 days from the date of mailing the notification described in (a), unless a hearing is held by the state board. If a hearing is held, the state board shall act on the petition within 330 days from the date of mailing the notification described in (a), or within 120 days of the close of the hearing, whichever is later. If formal disposition is not made by the state board within these time limits the petition is deemed denied. These time limits may be extended for a period not to exceed 60 days with written agreement from the petitioner. The time limits for formal disposition do not apply while action on a petition is held in abeyance, as provided in section 2050.5(d).
(c) The state board may, on its motion, review a regional board's action or failure to act for any reason, including lack of formal disposition by the state board within the time limits provided in (b).
(d) A petition may be held in abeyance at the request or with the agreement of the petitioner.
(1) A request or agreement to hold a petition in abeyance must be in writing and shall be provided to the state board, the regional board, and the discharger, if not the petitioner.
(2) Petitions may be held in abeyance unless the regional board provides reasonable grounds for objection. For petitions challenging the assessment of administrative civil liability or penalties, written agreement from the regional board is required.
(3) The time limit for formal disposition shall be tolled during the time a petition is held in abeyance, and shall recommence running when the petition is removed from abeyance.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
4. Amendment of section heading and section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§2050.6. Supplemental Evidence.
Note • History
(a) If any person requests that the state board consider evidence not previously provided to the regional board, that person shall provide a statement that additional evidence is available that was not presented to the regional board or that evidence was improperly excluded by the regional board. Any request by a regional board to present additional evidence shall comply with (a)(1) through (3).
(1) The request to present additional evidence and all supporting arguments shall be provided at the time the petition is filed, or as soon as the evidence becomes available thereafter.
(2) The request to present additional evidence shall include a detailed statement of the nature of the evidence and of the facts to be proved. If the evidence was not presented to the regional board, the person requesting consideration of the evidence shall provide a detailed explanation of the reasons why the evidence could not previously have been submitted. If the person presenting the evidence contends that the evidence was improperly excluded, the request shall include a specific statement of the manner in which the evidence was improperly excluded.
(3) If the state board, in its discretion, approves a request to present additional evidence, the proponent must submit the evidence in writing and must also provide it to the petitioner, the discharger (if not the petitioner) and the regional board. The state board may prescribe a time limit for submission of the additional evidence.
(b) The petitioner may request that the state board conduct a hearing to consider testimony, other evidence, and argument. Such request shall be supported by a summary of contentions to be addressed or evidence to be introduced and a showing of why the contentions or evidence have not been previously or adequately presented. A request to conduct a hearing shall be submitted at the time the petition is filed or as soon as possible thereafter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
Note • History
(a) Upon receipt of a petition that does not comply with Section 2050, the state board shall notify the petitioner of the manner in which the petition is defective and the time within which an amended petition may be filed, unless the petition is dismissed pursuant to section 2052.
(b) If a properly amended petition is not received by the state board within the time allowed, the petition shall be dismissed unless cause is shown for an extension of time.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 29).
3. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
Note • History
(a) The state board may:
(1) At any time, refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review, or
(2) After review of all or part of the regional board's records pertaining to the matter, including the transcript of any hearing held by the regional board:
(A) Deny the petition upon a finding that the action or failure to act of the regional board was appropriate and proper or that the petition fails to raise substantial issues that are appropriate for review; or
(B) Set aside or modify the regional board order; or
(C) Direct the regional board to take appropriate action.
(b) The executive director may, on behalf of the state board, refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review. The executive director's refusal to review a petition shall be in writing.
(c) Before taking final action, the state board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both.
(1) If a hearing is held, the state board shall give reasonable notice of the time and place and of the issues to be considered to the petitioner, the discharger (if not the petitioner), the regional board, any interested persons who have filed a response to the petition pursuant to section 2050.5 and such other persons as the board deems appropriate.
(2) If a hearing is held, the state board in its discretion may require that all interested parties intending to participate shall submit to the state board in writing the name of each witness who will appear, together with a statement of the qualifications of each expert witness, the subject of the proposed testimony, and the estimated time required by the witness to present his direct testimony. The state board may also require that copies of proposed exhibits be supplied to all parties and to the state board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. New subsection (c) filed 6-26-75; effective thirtieth day thereafter (Register 75, No. 26.
3. Amendment of subsection (b) and new subsection (d) filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
5. Amendment of section heading and section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§2052.1. Intervention. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. Repealer filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
Note • History
(a) A stay of the effect of an action of a regional board shall be granted only if petitioner alleges facts and produces proof of all of the following:
(1) substantial harm to petitioner or to the public interest if a stay is not granted,
(2) a lack of substantial harm to other interested persons and to the public interest if a stay is granted, and
(3) substantial questions of fact or law regarding the disputed action.
A petition for a stay shall be supported by a declaration under penalty of perjury of a person or persons having knowledge of the facts alleged.
(b) Upon a documented showing by petitioner that the request complies with the prerequisites for a stay, the state board shall issue a notice to all interested persons that a stay is being considered.
(1) The state board must hold a hearing prior to issuing a stay if requested by any of the following: the petitioner, the discharger (if not the petitioner), the regional board, any person designated as a party by the regional board, or any person designated pursuant to subparagraph (2). A hearing may be held by the state board or a member of the state board.
(2) Any interested person may request that the board designate him or her as a party consistent with section 648.1, subdivision (a). The request shall include a statement explaining the basis for requesting designated party status, including why the petitioner, discharger (if not the petitioner), regional board, or any other designated party does not adequately represent the person's interests.
(3) If a hearing is held, notice shall be given in such manner and to such persons, in addition to the petitioner, as the board deems appropriate.
(4) A request for a stay may be denied without a hearing.
(5) If no hearing is held, the state board may issue a stay only after providing all interested persons with notice and an opportunity to comment on the request for stay.
(c) Nothing in subsection (a) shall preclude the state board from issuing a stay of the effect of an action of a regional board, upon its own motion. The requirement of a declaration under penalty of perjury may be waived by the board in case of an emergency.
(d) The state board shall review and act on the request for a stay within 60 days from the date of mailing the notification described in section 2050.5(a). This limit may be extended by written agreement from the petitioner.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13320 and 13321, Water Code.
HISTORY
1. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. Amendment of format and new NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
4. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
5. Amendment of section and Note filed 9-4-2007; operative 10-4-2007 (Register 2007, No. 36).
§2054. Consolidation of Proceedings.
Note • History
The board may order two or more proceedings which are legally or factually related to be considered or heard together unless any party thereto makes a sufficient showing of prejudice.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
Note • History
When a review is undertaken on the board's own motion, all affected persons known to the board shall be notified and given an opportunity to submit information and comments, subject to such conditions as the board may prescribe.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2057. Conduct of Hearing. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2058. Additional Parties. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2059. Evidence Rules. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2059.1. Review of Septic Tank Prohibitions.
Note • History
Whenever the board reviews waste discharge requirements which include a determination that the discharge of waste from existing or new individual disposal systems or from community collection and disposal systems which utilize subsurface disposal shall not be permitted, evidence of alternatives shall be considered by he board as provided in Subchapter 9.1, Article 2 of this chapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13283, Water Code.
HISTORY
1. New section filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
§2060. Official Notice. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2061. Order of Testimony. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2062. Cross-Examination. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2063. Oral Argument. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
Note • History
When a state board hearing is held the decision of the state board will be based on that evidence and testimony in the record of the hearing. When no hearing is held, the decision of the state board will be based on the record before the regional board. Except that in either case the record may be supplemented by any other evidence and testimony accepted by the state board pursuant to Section 2050.6. Upon the close of a hearing, the presiding officer may keep the hearing record open for a definite time, not to exceed thirty days, to allow any party to file additional exhibits, reports or affidavits.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. Amendment filed 9-1-77 as procedural and organizational; effective upon filing (Register 77, No. 36).
2. Amendment filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
4. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
Note
Informal disposition may be made of any petition by stipulation, agreed settlement, consent or default. However, any such disposition will not become effective until acted upon by the state board in a public meeting.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
Note • History
(a) The state board may discuss a proposed order in response to a petition for review of an action of a regional water quality control board in a public workshop meeting prior to formal action at a board meeting. Comments may be submitted in writing prior to the workshop meeting. At the workshop meeting, the state board may invite comments on the proposed order from interested persons. All comments shall be based solely upon evidence contained in the record or upon legal argument.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 9-1-77 as procedural and organizational; effective upon filing (Register 77, No. 36).
2. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
Note • History
Unless denied by the executive director pursuant to section 2052(b), formal disposition by the state board of any pending petition will be taken at a regularly or specially scheduled board meeting. At the meeting the board may invite comments on the matter from interested persons. These comments shall be based solely upon evidence contained in the record or legal argument.
No new evidence shall be submitted at the state board meeting. Written arguments submitted after the workshop meeting shall be limited to revisions to the proposed order that was considered by the state board at the workshop meeting. Such written arguments shall be filed at least two working days prior to the state board meeting, unless otherwise specified by the state board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 9-1-77 as procedural and organizational; effective upon filing (Register 77, No. 36).
2. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§2068. Notice of Right to Petition.
Note • History
Each regional board shall inform persons attending each of its business meetings of the right to petition the state board to review an action or inaction of the regional board and of the availability of copies of the state board's regulations regarding such petitions. This announcement may be made orally or by printing in the regional board's agenda or both.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
HISTORY
1. New section filed 7-13-79 as procedural and organizational; effective upon filing (Register 79, No. 28).
Chapter 7. Clean Water Grant Program [Repealed]
NOTE
Authority cited: Sections 1058, 13962(g), 13976(h), 13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section 13955), Chapter 13 (commencing with Section 13970), Chapter 14 (commencing with Section 13985), Division 7, Water Code.
HISTORY
1. Repealer of Subchapter 7 (Articles 1-12, Sections 2100-2156) and new Subchapter 7 (Articles 1-13, Sections 2100-2158) filed 6-24-77; effective thirtieth day thereafter (Register 77, No. 26).
2. Repealer of Subchapter 7 (Articles 1-13, Sections 2100-2158) and new Subchapter 7 (Articles 1-10, Sections 2100-2137) filed 7-18-79; effective thirtieth day thereafter (Register 79, No. 29). For prior history, see Registers 77, No. 32, 77, No. 43, 78, No. 18 and 78, No. 31.
3. Repealer of Subchapter 7 (Articles 1-10, Sections 2100-2137) filed 11-2-81; effective thirtieth day thereafter (Register 81, No. 45). See Chapter 4, Subchapter 13, Sections 3610-3663.
Chapter 8. Other Federal Grant Programs [Repealed]
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13600, Water Code.
HISTORY
1. New Subchapter 8 (§§2190, 2191, 2192) filed 11-10-71; effective thirtieth day thereafter (Register 71, No. 46). For history of former Subchapter, see Register 71, No. 27.
2. Amendment filed 4-3-74 as procedural and organizational; effective upon filing (Register 74, No. 14).
3. Repealer of Subchapter 8 (Article 1, Sections 2190-2192) filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
Chapter 9. Waste Discharge Reports and Requirements
Article 1. Fees
Note • History
Each person for whom waste discharge requirements have been prescribed pursuant to Section 13263 of the Water Code shall submit, to the State Board, an annual fee in accordance with the following schedules. The fee shall be submitted for each waste discharge requirement order issued to that person.
An ambient water monitoring surcharge will be added to each individual fee as required. The ambient water monitoring surcharge for all discharges pursuant to subdivisions (a) and (c) is 9.5 percent of the calculated fee; the surcharge for all discharges pursuant to subdivision (b) is 21 percent of the calculated fee. The surcharge shall be applied to all permits prior to other surcharges prescribed herein.
(a) The annual fees for persons issued waste discharge requirements (WDRs), except as provided in subdivisions (a)(3), (b), and (c), shall be based on the discharge's threat to water quality (TTWQ) and complexity (CPLX) rating according to the following fee schedule, plus applicable surcharge(s).
Annual Fee Schedule for Waste Discharge Requirements
Threat to Water Complexity Type of Discharge
Quality (CPLX) Discharge to Land Land Disposal2
(TTWQ) or Surface Waters1 Not Paying a Paying a
Tipping Fee3 Tipping Fee4
1 A $72,565 $48,1255 $41,7325
1 B $45,830 $38,870 $33,706
1 C $24,729 $24,988 $21,668
2 A $16,518 $20,823 $18,057
2 B $9,930 $16,659 $14,445
2 C $7,447 $12,494 $10,834
3 A $5,868 $8,329 $7,223
3 B $3,125 $6,247 $5,416
3 C $1,389 $2,776 $2,408
(1) Threat to water quality (TTWQ)6 and complexity (CPLX) of the discharge is assigned by the Regional Board in accordance with the following definitions:
Threat to Water Quality
Category “1” -- Those discharges of waste that could cause the long-term loss of a designated beneficial use of the receiving water. Examples of long-term loss of a beneficial use include the loss of drinking water supply, the closure of an area used for water contact recreation, or the posting of an area used for spawning or growth of aquatic resources, including shellfish and migratory fish.
Category “2” -- Those discharges of waste that could impair the designated beneficial uses of the receiving water, cause short-term violations of water quality objectives, cause secondary drinking water standards to be violated, or cause a nuisance.
Category “3” -- Those discharges of waste that could degrade water quality without violating water quality objectives, or could cause a minor impairment of designated beneficial uses as compared with Category 1 and Category 2.
Complexity
Category “A” -- Any discharge of toxic wastes; any small volume discharge containing toxic waste; any facility having numerous discharge points and ground-water monitoring; or any Class 1 waste management unit.
Category “B” -- Any discharger not included in Category A that has physical, chemical, or biological treatment systems (except for septic systems with subsurface disposal), or any Class 2 or Class 3 waste management units.
Category “C” -- Any discharger for which waste discharge requirements have been prescribed pursuant to Section 13263 of the Water Code not included in Category A or Category B as described above. Included are dischargers having no waste treatment systems or that must comply with best management practices, dischargers having passive treatment and disposal systems, or dischargers having waste storage systems with land disposal.
(2) For dischargers covered under Statewide General WDRs for Sanitary Sewer Systems (Order No. 2006-0003-DWQ), the TTWQ and CPLX designations are assigned based on the population served by the sanitary sewer system. The table below describes the correlation between population served and TTWQ and CPLX designations to determine the appropriate annual fee:
Population Served7 Threat and Complexity Designation
Less than 50,000 3C
50,000 or more 2C
(3) The fees for discharges of dredge and fill material shall be as follows, not to exceed $59,000, plus applicable surcharge(s).8
Type of Discharge Fees
(A) Fill & Excavation9 Discharges. $944 Base Price +
Size of the discharge area expressed in acres to (Discharge area in
two decimals (0.01 acre) (436 square feet) rounded up. acresx $4,059)
(B) Dredging Discharges10 $944 Base Price +
Dredge volume expressed in cubic yards. (Dredge volume in
cubic yards x $0.150)
(C) Dredging Discharges (Sand Mining). $1,776
Aggregate extraction in marine waters where
source material is free of pollutants and the dredging
operation will not violate any basin plan provisions.
(D) Channel and Shoreline Discharges $944 Base Price +
Includes linear discharges to drainage features and (Discharge length in
shorelines, e.g., bank stabilization, revetment and feet x $9.44)
channelization projects.
(Note): The fee for channel and shoreline linear
discharges will be assessed under the “Fill and
Excavation” or “Channel and Shoreline” schedules,
whichever results in the higher fee.
(E) Discharges to Non-federal (e.g. “Isolated”) Waters. Double the
Discharges to waters or portions of waterbodies applicable fee
not regulated as “waters of the United States,” including schedules except
waters determined to be “isolated” pursuant to the for (G) restoration
findings of Solid Waste Agency of Northern Cook projects
County v. U.S. Army Corps of Engineers (2001) 121 S.
Ct. 675.
(F) Low Impact Discharges. $944 Flat Fee.
Projects may be classified as low impact discharges if
they meet all of the following criteria:
1. The discharge size is less than all of the following:
(a) for fill, 0.1. acre, and 200 linear feet, and (b) for
dredging, 25 cubic yards.
2. The discharger demonstrates that: (a) all practicable
measures will be taken to avoid impacts; (b) where
unavoidable temporary impacts take place, waters and
vegetation will be restored to pre-project conditions as
quickly as practicable; and (c) where unavoidable
permanent impacts take place, there will be no net loss
of wetland, riparian area, or headwater functions,
including onsite habitat, habitat connectivity, floodwater
retention, and pollutant removal.
3. The discharge will not do any of the following:
(a) directly or indirectly destabilize a bed of a receiving
water; (b) contribute to significant cumulative effects;
(c) cause pollution, contamination, or nuisance;
(d) adversely affect candidate, threatened, or endangered
species; (e) degrade water quality or beneficial uses;
(f) be toxic; or (g) include “hazardous” or “designated”
material.
4. Discharge is to be a water body regulated as “Waters
of the United States.”
(G) Restoration Projects. $944 Flat Fee
Projects undertaken for the sole
purpose of restoring or enhancing the beneficial uses
of water. This schedule does not apply to projects
required under a regulatory mandate or to projects
that include a non-restorative component, e.g., land
development, property protection, or flood
management.
(H) General Orders. $114 Flat Fee
Projects which are required to submit notification of a
proposed discharge to the State and/or Regional Board
pursuant to a general water quality certification
permitting discharges authorized by a federal
general permit or license, (e.g., a U.S. Army Corps
of Engineers nationwide permit).
Applies ONLY if general water quality certification
was previously granted.
(I) Amended Orders
Amendments of WDRs or water quality certifications
previously issued for one-time discharges not
subject to annul billings.
(a) Minor project changes, not requiring technical (a) No fee required
analysis and involving only minimal processing
time.
Type of Discharge Fees
(b) Changes to projects eligible for flat fees (fee (b) Appropriate flat
categories C, F, G and H) where technical analysis fee
is needed to assure continuing eligibility for flat fee
and that beneficial uses are still protected.
(c) Project changes not involving an increased (c) $944 flat fee
discharge amount, but requiring some technical
analysis to assure that beneficial uses are still protected
and that original conditions are still valid, or need to
be modified. (d) Additional fee
assessed per
(d) Project changes involving an increased discharge increased amount of
amount and requiring some technical analysis to discharge(s) per
assure that beneficial uses are still protected and Section 2200(a)(3)
that original conditions are still valid, or need to (plus $944 base
be modified. price)
(e) Major project changes requiring an essentially (e) New fee assessed
new analysis and re-issuance of WDR's or water per Section
quality certification. 2200(a)(3)
(b) The annual fees for persons issued NPDES permits shall be based on the following schedules, plus applicable surcharge(s).
(1) Each public entity that owns and/or operates a storm water conveyance system, or part of such a system, that is subject to a NPDES permit for storm water discharges from a municipal separate storm sewer system (MS4) shall pay an annual fee according to the following schedule, plus applicable surcharge(s). The fee shall be based on the population of the public entity according to the most recently published United States Census. For public entities other than cities or counties, the population figure shall be the number of people using the entity's facilities on a daily basis. Flood control districts or other special districts named as co-permittees to MS4 permits and school districts, serving students between kindergarten and fourteenth grade, shall not pay an annual fee if the city or county within whose jurisdiction the district lies, pays an annual fee.
Annual Fee Schedule for Areawide Municipal Storm Water Sewer System Permits and Co-Permittees
Population equal to or greater than 250,000 $40,103
Population between 200,000 and 249,999 $35,090
Population between 150,000 and 199,999 $30,277
Population between 100,000 and 149,999 $25,065
Population between 75,000 and 99,999 $20,052
Population between 50,000 and 74,999 $15,038
Population between 25,000 and 49,999 $10,026
Population between 10,000 and 24,999 $ 6,016
Population between 1,000 and 9,999 $ 4,010
Less than 1,000 population $ 2,006
Statewide Permit Holders $160,412
(2) Any entity or entities submitting a watershed improvement plan to the Regional Board for review pursuant to Section 16102 of the Water Code shall reimburse the Regional Board for its costs11 to review and oversee the implementation of the plan, which shall be calculated using a rate of $150.00 per hour.
(3) Facilities that discharge storm water associated with industrial activities that are regulated by a State Board or Regional Board general NPDES storm water permit shall pay an annual fee of $1,123, plus applicable surcharge(s). An amount equal to the fee prescribed shall be submitted with the discharger's Notice of Intent (NOI) to be regulated under a general NPDES permit and will serve as the first annual fee. For the purposes of this section, an NOI is considered to be a report of waste discharge.
(4)(A) Storm water discharges associated with construction activities that are regulated by a general NPDES storm water permit other than those covered under (b)(5), including those issued by a Regional Board, shall pay an annual fee of $321 plus $32 per acre (rounded to the nearest whole acre and dollar amount), to a maximum fee of $3,529, plus any applicable surcharge, based on the total acreage to be disturbed during the life of the project as listed on the NOI. An amount equal to the fee prescribed shall be submitted with the discharger's NOI to be regulated under a general NPDES permit and will serve as the first annual fee. For the purposes of this section, an NOI is considered to be a report of waste discharge.
(B) Dischargers applying for the Small Construction Rainfall Erosivity Waiver of a General Permit to Discharge Storm Water Associated with Construction Activity issued by the State Water Board shall pay an application fee of $200, plus any applicable surcharge(s).
(5) Storm water discharges associated with small linear underground and overhead construction projects, that include but are not limited to, any conveyance, pipe or pipeline for the distribution of any gaseous liquid (including water for domestic municipal services or wastewater), liquescent, or slurry substance; any cable line or wire for the transmission of electrical energy; and any cable line or wire for communications, that are regulated by a general NPDES storm water permit are subject to the following annual fees, plus applicable surcharge(s):
Tier I: $8,021 for each region in which activities subject to the permit are conducted, or
Tier II: A fee as prescribed by (b)(4)(A), based on the area covered by the project.
(6) Discharges associated with mosquito and vector control activities12 that are regulated by an individual or general NPDES permit adopted specifically for these purposes, including those issued by a Regional Board, shall pay a fee of $183. Dischargers filing an application for a mosquito and vector control permit shall pay a fee of $183. The fee shall be paid each time an application for initial certification or renewal is submitted. Mosquito and vector control fees are not subject to ambient water monitoring surcharges.
(7) All other NPDES permitted discharges, except as provided in (b)(8), (b)(9), and (c), shall pay a fee according to the following formula:
Fee equals $1,606 plus 2,840 multiplied by the permitted flow, in mgd, with a maximum fee of $401,568 plus any applicable surcharge(s).
If there is no permitted effluent flow specified, the fee shall be based on the design flow of the facility.
NPDES permitted industrial discharges13 with a threat/complexity14 rating of 1A, 1B, or 1C are subject to a surcharge as follows:
Threat/Complexity Rating 1A -- $15,000
Threat/Complexity Rating 1B -- $10,000
Threat/Complexity Rating 1C -- $5,000
Public wastewater treatment facilities with approved pretreatment programs are subject to a surcharge of $10,000. Agencies with multiple facilities under one approved pretreatment program shall pay a $10,000 surcharge per program.
(8)(A) Flow for wet weather municipal facilities15 will be based on the previous five years' actual monthly average flow16, as of the date the permit is issued.
(B) Notwithstanding (8)(A), the minimum annual fee for wet weather municipal facilities shall be $20,000.
(9) All other general NPDES permits and de minimis discharges17 that are regulated by an individual or general NPDES permit, including those issued by a Regional Board, shall pay a fee as follows, plus applicable surcharge(s):
Category 1 -- Discharges that require treatment systems to meet priority toxic pollutant limits and that could impair beneficial uses if limits are violated: $9,252.
Category 2 -- Discharges that require treatment systems to meet non-priority pollutant limits, but are not expected to impair beneficial uses if limits are violated. Examples of non-priority pollutants include, but are not limited to, nutrients, inorganic compounds, pH, and temperature: $5,590.
Category 3 -- Discharges that require minimal or no treatment systems to meet limits and pose no significant threat to water quality: $1,606.
(c) The annual fees for discharges from confined animal facilities shall be based on the following schedules, plus applicable surcharge(s).
FEEDLOTS
Type of Facility
Number of Animals Cattle or Cow/Calf Pairs Fee
100,000 or more $5,351
10,000 to 99,999 $2,675
5,000 to 9,999 $1,427
1,000 to 4,999 $713
Less than 1,000 $357
Calves
10,000 or more $5,351
5,000 to 9,999 $2,675
1,000 to 4,999 $1,427
300 to 999 $713
Less than 300 $357
Heifers (not at a dairy)
10,000 or more $5,351
5,000 to 9,999 $2,675
1,000 to 4,999 $1,427
300 to 999 $713
Less than 300 $357
Finishing Yards/Auction Yards
1,000 or more $1,427
300 to 999 $713
Less than 300 $357
DAIRIES
Type of Facility
Number of Animals Mature Dairy Cattle Fee
3,000 or more $7,134
1,500 to 2,999 $4,459
700 to 1,499 $2,140
300 to 699 $1,070
Less than 300 $535
Goat Dairies
1,000 or more $713
Less than 1,000 $357
HOGS
Swine (> 55 pounds)
5,000 or more $2,675
2,500 to 4,999 $1,427
750 to 2,499 $713
Less than 750 $357
Swine (< 55 pounds)
20,000 or more $2,675
10,000 to 19,999 $1,427
3,000 to 9,999 $713
Less than 3,000 $357
OTHER
Horses
500 or more $1,427
150 to 499 $713
Less than 150 $357
Sheep or Lambs
10,000 or more $1,427
3,000 to 9,999 $713
Less than 3,000 $357
POULTRY
Number of Animals On-Site Discharge Fee Off-Site Discharge Fee
Layers or Broilers (liquid manure system)
120,000 or more $3,567 $1,249
60,000 to 119,999 $1,784 $892
30,000 to 59,999 $1,338 $624
9,000 to 29,999 $713 $357
Less than 9,000 $357 $0
Non-layers (other than liquid manure system)
500,000 of more $3,567 $1,249
250,000 to 499,999 $1,784 $892
125,000 to 249,999 $1,338 $624
37,500 to 124,999 $713 $357
Less than 37,500 $357 $0
Layers (other than liquid manure system)
350,000 or more $3,567 $1,249
165,000 to 349,999 $1,784 $892
82,000 to 164,999 $1,338 $624
25,000 to 81,999 $713 $357
Less than 25,000 $357 $0
Ducks (other than liquid manure system)
120,000 or more $3,567 $1,249
60,000 to 119,999 $1,784 $892
30,000 to 59,999 $1,338 $624
10,000 to 29,999 $713 $357
Less than 10,000 $357 $0
FEEDLOTS
Type of Facility
Ducks (liquid manure system)
20,000 or more $1,784
5,000 to 19,999 $1,338
1,500 to 4,999 $713
Less than 1,500 $357
Turkeys
200,000 or more $3,567 $1,249
100,000 to 199,999 $1,784 $892
55,000 to 99,999 $1,338 $624
16,500 to 54,999 $713 $357
Less than 16,500 $357 $0
(1) Facilities that are certified under a Quality Assurance Program approved by the State Board or under a County regulatory program approved by the appropriate Regional Board, will receive a 50 percent fee reduction. Any facility that is issued a notice of violation by a Regional Board for an off-property discharge shall not be eligible to receive this fee reduction for a minimum of one billing cycle, and for all subsequent billing cycles until recertification and all corrective actions are complete as determined by the Regional Board.
(2) Facilities that pose no potential to discharge, as determined by a Regional Board, shall pay a fee of $357. The fee shall be paid each time an application for initial certification or renewal is submitted and shall not be subject to ambient water monitoring surcharges.
(3) Facilities that are required to submit a report of waste discharge (ROWD) while the facility is under construction and remains so subsequent to the billing cycle will have the annual fee waived until the facility is in operation and animals are present at the facility.
(4) Facility closures that are required to maintain a permit until all requirements are met shall continue to be assessed a fee based at the same rate as when the facility was in operation.
__________
1 For this table, discharges to land or surface waters are those discharges of waste to land or surface waters not covered by NPDES permits that are regulated pursuant to Water Code Section 13263 that do not implement the requirements of Title 27 of the California Code of Regulations (CCR). Examples include, but are not limited to, wastewater treatment plants, erosion control projects, and septic tank systems. It does not include discharge of dredge or fill material, discharges from agricultural lands, including irrigated lands, or discharge from animal feeding operations.
Dischargers covered by a WDR for municipal and domestic discharges with permitted flows of less than 50,000 gallons per day in categories 2-B, 2-C, 3-B and 3-C will receive a 50 percent fee discount. The design flow shall be used where no permitted flow is present. Municipal and domestic discharges receiving the discount are defined as discharges from facilities that treat domestic wastewater or a mixture of wastewater that is predominantly domestic wastewater. Domestic wastewater consists of wastes from bathroom toilets, showers, and sinks from residential kitchens and residential clothes washing. It does not include discharges from food preparation and dish washing in restaurants or from commercial laundromats. ADischargers covered by a Landscape Irrigation General Permit issued by the State Water Board will be assessed a fee associated with TTWQ/CPLX rating of 3B plus any applicable surcharges.
2 For this table, land disposal discharges are those discharges of waste to land that are regulated pursuant to Water Code Section 13263 that implement the requirements of CCR Title 27, Division 2, except Chapter 7, Subchapter 2, §22560-22565 (confined animal facilities). Examples include, but are not limited to, discharges associated with active and closed landfills, waste piles, surface impoundments, and mines.
3 For this table, Not Paying a Tipping Fee are those land disposal dischargers not subject to Public Resources Code (PRC) §48000 et seq.
4 For this table, Paying a Tipping Fee are those land disposal dischargers subject to PRC §48000 et seq.
5 A surcharge of $12,000 will be added for Class I landfills. Class I landfills are those that, during the time they are, or were, in operation, are so classified by the Regional Board under 23 CCR Chapter 15, have WDRs that allow (or, for closed units, allowed) them to receive hazardous waste, and have a permit issued by the Department of Toxic Substance Control under 22 CCR Chapter 10, §66270.1 et seq.
6 In assigning a category for TTWQ, a regional board should consider duration, frequency, seasonality, and other factors that might limit the impact of the discharge.
7 Assumes 2.5 persons per equivalent dwelling unit (EDU).
8 i. For “excavation” the area of the discharge is the area of excavation; if the excavated material is then discharged to waters, an additional “fill” fee will be assessed.
ii. When a single project includes multiple discharges within a single dredge and fill fee category, the fee for that category shall be assessed based on the total area, volume, or length of discharge (as applicable) of the multiple discharges. When a single project includes discharges that are assessed under multiple fee categories, the total fee shall be the sum of the fees assessed under each applicable fee category; however a $738 base fee, if required, shall be charged only once.
iii. Fees shall be based on the largest discharge size specified in the original or revised report of waste discharge or Clean Water Act (CWA) Section 401 water quality certification application, or as reduced by the applicant without any State Board or Regional Board intervention.
iv. If water quality certification is issued in conjunction with dredge or fill WDRs or is issued for a discharge regulated under such preexisting WDRs, the current annual WDR fee as derived from this dredge and fill fee schedule shall be paid in advance during the application for water quality certification, and shall comprise the fee for water quality certification.
v. Discharges requiring water quality certification and regulated under a federal permit or license other than a US Army Corps of Engineers CWA Section 404 permit or a Federal Energy Regulatory Commission License shall be assessed a fee determined from CCR 23, Section 2200(a).
9 “Excavation” refers to moving sediment or soil in shallow waters or under no-flow conditions where impacts to beneficial uses are best described by the area of the discharge. It typically is done for purposes other than navigation. Examples include trenching for utility lines, other earthwork preliminary to construction, and removing sediment to increase channel capacity.
10 “Dredging” generally refers to removing sediment in deeper water to increase depth. The impacts to beneficial uses are best described by the volume of the discharge and typically occur to facilitate navigation. For fee purposes it also includes aggregate extraction within stream channels where the substrate is composed of course sediment (e.g., gravel) and is reshaped by normal winter flows (e.g., point bars), where natural flood disturbance precludes establishment of significant riparian vegetation, and where extraction timing, location and volume will not cause changes in channel structure (except as required by regulatory agencies for habitat improvement) or impair the ability of the channel to support beneficial uses.
11 These costs include labor, State Board and Regional Board administrative costs, and overhead costs.
12 A mosquito and vector control activity involves discharge of pesticides into a designated area for the maintenance and control of mosquito larva for the protection of public health from the outbreak of lethal diseases. A mosquito and vector control agency discharges pesticides into surface waters for the control of mosquito larva.
13 NPDES permitted industrial discharger(s) means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category “Division D--Manufacturing” and such other classes of significant waste producers as, by regulation, the U.S. EPA Administrator deems appropriate. (33 USC Sec. 1362).
14 Threat/complexity categories are listed under (a)(1) of this document.
15 Wet weather municipal facilities are intermittently operated facilities that are designed specifically to handle flows during wet weather conditions.
16 The actual monthly average flow is defined as the average of the flows during each of the months that the discharge occurred during the previous five-year period.
17 De minimis discharge activities include, but are not limited to, the following: aquaculture activities (as defined in Chapter 40, Section 122.25(b) of the Code of Federal Regulations) defined as managed water areas that use discharges of pollutants into that designated area for maintenance or reproduction of harvestable freshwater, estuarine, or marine plants or animals including fish hatcheries; geothermal facilities that utilize, extract, or produce energy from geothermal fluids for heating, generating power, or other beneficial uses, and discharge geothermal fluids to surface waters; aquatic pesticide applications; evaporative condensate; swimming and landscape pool drainage; discharges from fire hydrant testing or flushing; discharges resulting from construction dewatering; discharges associated with supply well installation, development, test pumping, and purging; discharges resulting from the maintenance of uncontaminated water supply wells, pipelines, tanks, etc.; discharges resulting from hydrostatic testing of water supply vessels, pipelines, tanks, etc.; discharges resulting from the disinfection of water supply pipelines, tanks, reservoirs, etc.; discharges from water supply systems resulting from system failures, pressure releases, etc.; discharges of non-contact cooling water, not including steam/electric power plants; discharges resulting from diverted stream flows; water treatment plant discharges; and other similar types of wastes that have low pollutant concentrations and are not likely to cause or have a reasonable potential to cause or contribute to an adverse impact on the beneficial uses of receiving waters yet technically must be regulated under an NPDES permit.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. New subchapter 9 (sections 2200, 2205 through 2207 and 2210) filed 12-5-69; effective thirtieth day thereafter (Register 69, No. 49).
2. Amendment filed 7-2-71; effective thirtieth day thereafter (Register 71, No. 27).
3. Editorial correction (Register 72, No. 41).
4. Amendment filed 5-22-74; effective thirtieth day thereafter (Register 74, No. 21).
5. Amendment filed 10-31-74; effective thirtieth day thereafter (Register 74, No. 44).
6. Amendment filed 1-24-75 as procedural and organizational; effective upon filing (Register 75, No. 4).
7. Amendment filed 12-7-76; effective thirtieth day thereafter (Register 76, No. 50).
8. Amendment filed 4-16-82; effective upon filing pursuant to Government Code section 11346.2(d) (Register 82, No. 16).
9. Repealer and new section filed 2-25-88; operative 2-25-88 (Register 88, No. 10).
10. Repealer and new section filed 8-1-90 as an emergency; operative 8-1-90. Submitted to OAL for printing only pursuant to Water Code section 13260 (Register 90, No. 39).
11. Amendment filed 12-16-91 as an emergency; operative 12-16-91. Text remains in effect uninterrupted pursuant to Water Code section 13260 (Register 92, No. 12).
12. Editorial correction of printing errors in History 11 (Register 92, No. 43).
13. Amendment of subsection (a)(1) and Note filed 2-18-94 as an emergency; operative 2-18-94. Certificate of Compliance filed concurrently. Exempt from OAL review pursuant to Water Code section 13260 (Register 94, No. 7).
14. Editorial correction of subsection (a)(1) (Register 94, No. 7).
15. Amendment of section and Note, including renumbering of former subsections (c), (d), (g) and (h) to new sections 2200.1, 2200.2, 2200.3, and 2200.4, respectively, filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
16. Repealer and new section filed 10-29-2002 as an emergency; operative 10-29-2002. Submitted to OAL for printing only pursuant to Water Code section 13620 which provides that the regulations shall not be subject to OAL review and shall remain in effect until revised by the state board (Register 2002, No. 44).
17. Amendment filed 10-27-2003 as an emergency; operative 10-28-2003 (Register 2003, No. 44). Pursuant to Water Code section 13260(f) the emergency amendments remain in effect until revised by the state board.
18. Amendment filed 8-31-2004 as an emergency; operative 7-1-2004. Adopted by the State Water Resources Control Board 5-20-2004; submitted to OAL for printing only on 8-24-2004 pursuant to Water Code section 13260 which provides that the regulations shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the Board (Register 2004, No. 36).
19. Amendment filed 10-13-2005 as an emergency; operative 7-1-2005. Adopted by State Water Resources Control Board 5-19-2005. Submitted to OAL for printing only 10-3-2005 pursuant to Water Code section 13260(f) which provides that the regulations shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2005, No. 41).
20. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
21. Editorial correction of subsections (a)(3)(F)4., (a)(3)(I)(d) and (b)(6) and footnote 5.i. (Register 2008, No. 45).
22. Amendment filed 11-6-2008 as an emergency; operative 11-6-2008. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
23. Amendment filed 12-15-2009 as an emergency; operative 12-15-2009. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2009, No. 51).
24. Amendment filed 11-18-2010 as an emergency; operative 10-19-2010. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2010, No. 47).
25. Amendment filed 10-19-2011 as an emergency; operative 10-19-2011. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
§2200.1
Note • History
The State Board shall notify each discharger annually of the fee to be submitted, the basis upon which the fee was calculated, and the date upon which the fee is due.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Renumbering of former subsection 2200(c) to new section 2200.1 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
§2200.2
Note • History
Persons proposing a new discharge shall submit to the Regional Board a report of waste discharge accompanied by a fee equal in amount to the annual fee based on the discharge's TTWQ and CPLX as specified in subsection (a)(2). This fee shall serve as the first annual fee. If the submittal of this first annual fee does not coincide with the current fiscal year billing cycle, then the next, and only the next, fiscal year billing shall be adjusted to account for the payment of a full annual fee that accompanied the discharger's report of waste discharge. Persons proposing a material change in an existing discharge are not required to submit a fee with the report of waste discharge.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Renumbering and amendment of former subsection 2200(d) to new section 2200.2 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
§2200.3
Note • History
Failure to pay the annual fee is a misdemeanor and will result in the Regional Board seeking the collection of fees through the enforcement provisions provided pursuant to Water Code section 13261.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Renumbering of former subsection 2200(g) to new section 2200.3 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
§2200.4
Note • History
Any refund made pursuant to section 13260(e) or for any other reason, shall withhold sufficient funds to cover actual staff time spent in reviewing the report of waste discharge which shall be calculated using a rate of $50.00 per hour.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Renumbering of former subsection 2200(h) to new section 2200.4 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
§2200.2.
Note • History
Persons proposing a new discharge shall submit to the State Board or Regional Board a report of waste discharge. Unless specifically instructed otherwise by the State Board, a fee equal in amount to the annual fee based on the fee schedules in Section 2200 shall be submitted with the discharger's report of waste discharge. This fee shall serve as the first annual fee. If the submittal of this first annual fee does not coincide with the current fiscal year billing cycle, then the next, and only the next, fiscal year billing shall be adjusted to account for the payment of a full annual fee that accompanied the discharger's report of waste discharge.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Renumbering and amendment of former subsection 2200(d) to new section 2200.2 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
§2200.3.
Note • History
Failure to pay the annual fee is a misdemeanor and will result in the State Board or Regional Board seeking the collection of fees through the enforcement provisions provided pursuant to Water Code Section 13261.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13261, Water Code.
HISTORY
1. Renumbering of former subsection 2200(g) to new section 2200.3 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
3. Change without regulatory effect amending section and Note filed 11-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 47).
§2200.4.
Note • History
Any refund made pursuant to Water Code Section 13260(e) or for any other reason, shall withhold sufficient funds to cover actual staff time spent in reviewing the report of waste discharge, which shall be calculated using a rate of $100.00 per hour.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Renumbering of former subsection 2200(h) to new section 2200.4 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
3. Amendment filed 11-6-2008 as an emergency; operative 11-6-2008. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
4. Change without regulatory effect amending section filed 11-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 47).
§2200.5. No Exposure Certification.
Note • History
Dischargers filing an application for a No Exposure Certification (NEC) shall pay a fee of $242 for each facility for which an application is submitted, as prescribed in a general industrial storm water permit. The fee shall be paid each time an application for initial certification or renewal is submitted. NEC fees are not subject to ambient water monitoring surcharges.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260.2, Water Code.
HISTORY
1. New section filed 10-27-2003 as an emergency; operative 10-28-2003 (Register 2003, No. 44). Pursuant to Water Code section 13260(f) the emergency adoption remains in effect until revised by the state board.
2. Amendment filed 11-6-2008 as an emergency; operative 11-6-2008. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
§2200.6. Annual Agricultural and Irrigated Lands Fee Schedule.
Note • History
No ambient water monitoring surcharge shall apply to annual fees specified in this section.
(a) Annual fees for waste discharge requirements and waivers of waste discharge requirements for discharges from agricultural lands,1 including irrigated lands, shall be as follows:
(1) Tier I: If a discharger is a member of a group that has been approved by the State Board to manage fee collection and payment, then the fee shall be $100 per group plus $0.56 per acre of land.
(2) Tier II: If a discharger is a member of a group that has been approved by the State Board but that does not manage fee collection and payment, then the fee shall be $100 per farm plus $0.94 per acre of land.
(3)(A) Tier III: If a discharger is not a member of a group that has been approved by the State Board, the following fee schedule applies:
Acres Fee Rate Min Fee Max Fee
0-10 $300 + $10/Acre $300 $400
11-100 $750 + $5/Acre $805 $1,250
101-500 $2,000 + $2.5/Acre $2,253 $3,250
501 or More $4,000 + $2/Acre $5,002 $6,500
(b) Upon approval by the Regional Board to join a group subject to waste discharge requirements or waivers of waste discharge requirements for discharges from agricultural lands, including irrigated lands, the discharger shall submit to the State Water Board an application fee, unless such fee is not required by the Regional Board. The application fee is a one-time fee of $200 for dischargers that have received a California Water Code §13267 Order and $50 for all other dischargers. This application fee shall not apply to dischargers who were members of a group on or before June 30, 2008.
(c) For purposes of this section, the words “agricultural lands,” “irrigated lands,” “farm,” and “discharger” have the meaning contained in the applicable Regional Board or State Board waste discharge requirements or waiver of waste discharge requirements for discharges from agricultural lands, including irrigated lands.
_________
1 As used in this section, the acreage on which the fee is based refers to the area that has been irrigated by the farmer or discharger at any time in the previous five years.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13269, Water Code.
HISTORY
1. New section filed 10-13-2005 as an emergency; operative 7-1-2005. Adopted by State Water Resources Control Board 6-16-2005. Submitted to OAL for printing only 10-3-2005 pursuant to Water Code section 13269, which grants emergency authority for this section pursuant to Water Code section 13260(f). The emergency adoption remains in effect until revised by the State Board (Register 2005, No. 41).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
3. Amendment filed 11-6-2008 as an emergency; operative 11-6-2008. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
4. Change without regulatory effect amending subsections (a)-(b), (b)(3)(A)-(B) and (c) filed 11-18-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 47).
5. Amendment of section heading and section filed 10-19-2011 as an emergency; operative 10-19-2011. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
§2200.7. Annual Fee Schedule for Waivers of Waste Discharge Requirements.
Note • History
(a) Any person for whom waste discharge requirements have been waived pursuant to Section 13269 of the Water Code shall submit an annual fee to the State Board if a fee is specified for the waiver in this section.
No ambient water monitoring surcharge shall apply to annual fees specified in this section.
(b) [reserved]
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13269, Water Code.
HISTORY
1. New section filed 10-19-2011 as an emergency; operative 10-19-2011. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Water Resources Control Board (Register 2011, No. 42).
§2201. Special Fees for Discharge of Hazardous Waste to Surface Impoundments. [Repealed]
Note • History
NOTE
Authority cited: Section 25028.3, Health and Safety Code. Reference: Section 25028.3, Health and Safety Code.
HISTORY
1. New section filed 8-9-85 as an emergency; effective upon filing. Text remains in effect uninterrupted pursuant to Health and Safety Code Section 25208.3(b) (Register 85, No. 32). For history of former Section 2201, see Register 81, No. 50.
2. Editorial correction of HISTORY NOTE No. 1 and reinstatement of emergency language filed 8-9-85 which was repealed in error on Register 87, No. 2 (Register 87, No. 7).
3. Repealer filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted to OAL for printing only pursuant to Water Code section 13260(f), which provides that the regulation shall be deemed an emergency, shall not be subject to OAL review, and shall remain in effect until revised by the State Board (Register 2007, No. 35).
Article 2. Waste Discharge Requirements for Discharges Other Than from Point Sources to Navigable Waters
§2205. Preliminary Procedures.
Note • History
Each waste discharge report together with the required filing fee shall be submitted to the appropriate regional board on forms supplied by the board. Relevant supplemental information as required by the board shall also be provided. The report shall contain all the available information required by the form and shall be sworn to or submitted under penalty of perjury. The board shall determine the adequacy of a report and fee within the time limits set forth in Government Code Section 65943. Pursuant to Section 13260 of the Water Code, the board may waive the filing of a report, in which case it will notify the sender and return any fee that has been paid.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13260, Water Code.
HISTORY
1. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Amendment filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
Note • History
When the discharger has submitted all the information required by the regional board and the full fee that is due, the report will be deemed filed. The discharger will be notified to that effect.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13260(d), Water Code.
HISTORY
1. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2207. Criteria for Filing Reports.
Separate reports shall be filed for discharges to different disposal areas. One report may include two or more discharges by the same person to the same disposal area unless in the judgment of the regional board separate reports should be filed.
§2208. Projects Deemed Approved.
Note • History
(a) Whenever a project is deemed approved pursuant to Government Code Section 65956, due to a regional board failure to act on a report of waste discharge, the applicant may discharge waste as proposed in the report of waste discharge until such time as the regional board adopts waste discharge requirements applicable thereto. No such discharge of waste shall create a vested right to continue such discharge.
(b) The regional board shall adopt appropriate waste discharge requirements pursuant to California Water Code Section 13263 or waive the adoption of such requirements pursuant to Section 13269 as soon as possible for any project deemed approved pursuant to Government Code Section 65956.
(c) No application for waste discharge requirements pursuant to Chapter 5.5 of Division 7, California Water Code, shall be subject to the time limits specified in Government Code Title 7, Chapter 4.5, Article 5.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13263 and 13377, Water Code.
HISTORY
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No. 31).
2. Amendment of subsection (c) filed 4-16-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 16).
§2210. Definition of a Material Change.
Note • History
A material change in the character, location, or volume of the discharge requiring a waste discharge report includes, but is not limited to, the following:
(a) Addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the waste.
(b) Significant change in disposal method, e.g., change from a land disposal t a direct discharge to water, or change in the method of treatment which would significantly alter the characteristics of the waste.
(c) Significant change in the disposal area, e.g., moving the discharge to another drainage area, to a different water body, or to a disposal area significantly removed from the original area potentially causing different water quality or nuisance problems.
(d) Increase in flow beyond that specified in the waste discharge requirements.
(e) Increase in area or depth to be used for solid waste disposal beyond that specified in the waste discharge requirements.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13260, 13263 and 13264, Water Code.
HISTORY
1. Amendment filed 12-3-70; effective thirtieth day thereafter (Register 70, No. 49).
2. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2230. Monitoring Program Reports.
Note • History
(a) The results of any monitoring shall be reported to the regional board as specified in the waste discharge requirements, but in no case less than once per year.
(b) The regional board may require the discharger to submit an annual report summarizing the monitoring data for the previous year.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13165 and 13267, Water Code.
HISTORY
1. New Article 5 (Sections 2230, 2231 and 2232) filed 12-3-70; effective thirtieth day thereafter (Register 70, No. 49).
2. Renumbering of Article 5 to 4 filed 3-10-72; effective thirtieth day thereafter (Register 72, No. 11).
3. Amendment of subsections (f) and (g) filed 5-22-75; effective thirtieth day thereafter (Register 75, No. 21).
4. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27). For prior history, see Registers 70, No. 49; and 72, No. 11.
5. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
6. Repealer of subsection (c) filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
(a) Time schedules should be included in requirements for existing discharges when it appears that the discharger cannot immediately meet the requirements.
(b) Time schedules shall not permit any unnecessary time lag, and periodic status reports should be required.
(c) Time schedules should include only dates for complete design, complete financial arrangements, start of construction, 50 percent completion of work, and full compliance with requirements.
(d) Time schedules should be periodically reviewed and should be updated, when necessary, to assure the most rapid compliance.
§2232. Ensuring Adequate Capacity.
Note • History
(a) Whenever a regional board finds that a publicly owned wastewater treatment plant will reach capacity within four years, the board shall notify the discharger. Such notification shall inform the discharger that the regional board will consider adopting a time schedule order pursuant to Section 13300 of the Water Code or other enforcement order unless the discharger can demonstrate that adequate steps are being taken to address the capacity problem. The notification shall require the discharger to submit a technical report to the regional board within 120 days showing how flow volumes will be prevented from exceeding existing capacity or how capacity will be increased. A copy of such notification shall be sent to appropriate local elected officials, local permitting agencies and the press. The time for filing the required technical report may be extended by the regional board. An extension of 30 days may be granted by the executive officer. Longer extensions may be granted by the regional board itself.
(b) The required technical report shall be reviewed, approved and jointly submitted by all planning and building departments having jurisdiction in the area served by the waste collection, treatment, or disposal facilities.
(c) Public participation shall be required during the preparation of the technical report. The report shall be accompanied by a statement outlining how interested persons were involved in the preparation of the technical report.
(d) Whenever a regional board finds that the waste treatment or disposal facilities of a discharger will reach capacity within four years and that adequate steps are not being taken to address the capacity problem, it shall adopt a time schedule or other enforcement order. Such action shall be preceded by notice and a hearing.
(e) A technical report need not be required if the regional board finds that the burden of preparing the report does not bear a reasonable relationship to its need and to the benefits of the report. If a discharger questions that the cost of preparing the technical report bears a reasonable relationship to the need for such a report or the benefits to be obtained therefrom, the discharger may appeal to the regional board for relief within 30 days of the date of the notice.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13225, 13267, 13300 and 13301, Water Code.
HISTORY
1. Repealer of subsection (c) filed 3-10-72; effective thirtieth day thereafter (Register 72, No. 11).
2. Amendment filed 4-16-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 16).
§2232.1. Certification of Supervisors and Operators of Municipal Wastewater Treatment Plants. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625 of Division 7), Water Code.
HISTORY
1. New section filed 9-24-75; effective thirtieth day thereafter (Register 75, No. 39).
2. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2232.2. Periodic Review of Waste Discharge Requirements. [Repealed]
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13263(e), Water Code.
HISTORY
1. New section filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Amendment of section heading filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
3. Repealer filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
§2233. Other Terms and Conditions to Be Included in Waste Discharge Requirements.
Note • History
(a) A condition shall be included for a publicly owned treatment works, treating or designed to treat, an average dry weather flow of 5 mgd or more of community wastewater that the operating entity shall have and enforce an adequate pretreatment program approved by the appropriate regional board. A condition requiring a local pretreatment program may be included for a publicly owned treatment works treating or designed to treat an average dry weather flow of less than 5 mgd of community wastewater where deemed appropriate by the state board or regional board.
(b) In cases where an operating entity does not have an adequate pretreatment program, a time schedule shall be included with the waste discharge requirements for adoption and implementation of the necessary program.
(c) The regional board in prescribing waste discharge requirements for a publicly owned treatment works shall require an annual report of effectiveness of the local pretreatment program.
(d) Conditions shall be included in waste discharge requirements for all publicly owned wastewater treatment plants requiring the following:
(1) That supervisors and operators of plants shall possess a certificate of appropriate grade in accordance with Title 23, California Administrative Code Section 3680.
(2) That each plant shall be operated and maintained in accordance with the operation and maintenance manual prepared by the municipality through the Clean Water Grant Program.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 13000, 13263 and 13627, Water Code.
HISTORY
1. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27). For prior history, see Register 76, No. 26.
2. New subsection (d) filed 4-16-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 16).
§2234. Inspections. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13263 and 13267, Water Code.
HISTORY
1. New section filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27).
2. Repealer filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
Article 3. Waste Discharges from Point Sources to Navigable Waters
§2235. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
HISTORY
1. Amendment and redesignation of Sections 2235-2235.4 from Article 5 to Article 3 filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27). For prior history, see Registers 73, No. 6; 73, No. 14; and 73, No. 24.
2. Repealer filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
§2235.1. Filing and Processing of a Report of Waste Discharge.
Note • History
Each report of waste discharge related to discharges of pollutants from point sources to navigable water shall be filed and processed in compliance with the applicable federal regulations governing the NPDES permit program promulgated by EPA.
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
HISTORY
1. Repealer of subsections (a) and (b) and amendment of remaining subsection filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
§2235.2. Compliance with Regulations of the U.S. Environmental Protection Agency.
Waste discharge requirements for discharge from point sources to nagivable waters shall be issued and administered in accordance with the currently applicable federal regulations for the National Pollutant Discharge Elimination System (NPDES) program.
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
§2235.3. Additional Requirements.
Note • History
In addition to the federal regulations, waste discharge requirements prescribed for discharges to navigable water shall be in compliance with applicable state regulations, including, when appropriate, the requirements of Sections 2230(c), 2232 and 2233.
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13263, Water Code.
HISTORY
1. Amendment filed 4-16-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 16).
§2235.4. Continuation of Expired Permits.
Note
The terms and conditions of an expired permit are automatically continued pending issuance of a new permit if all requirements of the federal NPDES regulations on continuation of expired permits are complied with.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13376 and 13377, Water Code.
Article 5. Waste Discharges from Point Sources to Navigable Waters [Repealed]
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (commencing with Section 13370) of Division 7, Water Code.
HISTORY
1. Amendment and redesignation of Sections 2235-2235.4 from Article 5 to Article 3 and repealer of Sections 2235.5-2235.19 filed 6-30-80; effective thirtieth day thereafter (Register 80, No. 27). For prior history, see Registers 73, No. 14; 73, No. 24; 74, No. 14; 75, No. 39; and 76, No. 26.
Article 6. Bay Protection Toxic Cleanup Program
§2236. Bay Protection and Toxic Cleanup Annual Fees.
Note • History
(a) All point and nonpoint dischargers who discharge directly into enclosed bays, as defined in Water Code Section 13391.5(a), estuaries, as defined in Water Code Section 13391.5(b), or adjacent waters in the contiguous zone or the ocean, as defined in Section 502 of the Federal Clean Water Act (33 U.S.C. Sec. 1362), shall be subject to an annual fee pursuant to Section 13396.5 of the Water Code. This fee is in addition to the fees required in Title 23, Section 2200, California Code of Regulations.
(b) Dischargers for whom National Pollutant Discharge Elimination System (NPDES) permits or waste discharge requirements have been prescribed except as noted in Subsection (c) below, who discharge into waters described in Subsection (a), shall be subject to an annual fee in accordance with the following schedule:
BAY PROTECTION AND TOXIC CLEANUP ANNUAL FEE SCHEDULE NPDES PERMIT AND NON-CHAPTER 15 WASTE DISCHARGE REQUIREMENTS
Rating Fee
I-a $11,000
I-b $ 8,000
I-c $ 5,000
II-a $ 4,000
II-b $ 2,000
II-c $ 1,000
III-a $ 500
III-b $ 400
III-c $ 300
(1) Rating is based on the relative threat of the discharge to water quality and complexity, as defined in Title 23, Section 2200(a)(2), California Code of Regulations.
(2) Discharges from public and private educational institutions resulting from the use of seawater to maintain marine organisms for educational and research purposes that are rated III-c, shall be subject to an annual fee of $0.
(c) The following categories of dischargers shall pay the amount of fee specified below. This schedule supersedes those set forth in (b) above if a discharger falls under both sections.
(1) NPDES permits for an area-wide urban storm water system which discharges into waters described in Subsection (a) shall be subject to an annual fee based on the population served by the drainage system in accordance with the following schedule:
Population Fee
Less than 10,000 $ 1,000
10,000 to 99,999 $ 2,500
100,000 to 249,999 $ 5,000
250,000 and greater $10,000
Each county, incorporated city or entity which operates a municipal stormdrain which is not part of an NPDES permit for an area-wide stormwater discharge shall pay a fee based on the population served by the drainage system in accordance with the schedule shown in this paragraph.
(2) Discharges from agricultural practices into waters described in Subsection (a) shall be subject to an annual fee based on the number of acres drained in accordance with the following schedule:
Irrigated Acres Fee
Less than 100 0
100 to 999 $ 500
1,000 to 9,999 $ 1,500
10,000 to 50,000 $ 5,000
Owners, operators, or representatives of more than 50,000 irrigated acres shall pay $5,000 for the first 50,000 acres and $0.10 for each additional acre.
A. Annual fees for discharges from agricultural practices may be paid by regional entities. Regional entities must meet the following requirements:
i. The regional entity shall be the same group created to comply with Chapter III, Section I, of the California Enclosed Bays and Estuaries Plan.
ii. The regional entity shall demonstrate legal, institutional and managerial capability to pay annual fees for member growers.
B. If regional entities have not been identified to the State Board the fees shall be assessed on individual agricultural discharges.
(3) Each boat construction facility or repair facility or hull cleaning operation which discharges to waters described in Subsection (a) shall be subject to an annual fee of $300.
(4) Each operator of a boat marina or other recreational vessel launching or docking facility which discharges to waters described in Subsection (a) shall be subject to an annual fee based on number of vessel slips or moorings, in accordance with the following schedule:
Slips/Moorings Fee
Less than 300 $ 0
300 to 499 $ 300
500 to 999 $ 500
1000 and greater $1,000
(5) Each harbor or port facility which discharges to waters described in Subsection (a) and which is used for commercial shipping purposes shall be subject to an annual fee of $5,000.
(6) Each dredging operation in waters described in Subsection (a) for which a Water Quality Certification (33 U.S.C. Section 1341) has been issued by the State Water Resources Control Board shall be subject to a fee based on the cubic yards of dredge material authorized in the Water Quality Certification, in accordance with the following schedule:
Cubic Yards
Authorized in Maintenance New Beach
Certification Dredging Dredging Replenishment
Less than 30,000 $ 0 $ 0 $ 0
30,000 - 99,999 $ 1,500 $ 1,000 $ 0
100,000 - 299,999 $ 4,500 $ 3,000 $1,000
300,000 and greater $15,000 $10,000 $3,000
If the dredging quantity stated in the Water Quality Certification is less than the amount of the Section 404 (33 U.S.C. Section 1344) permit, and the permitted volume is greater than 300,000 cubic yards, the fee shall be based on the total permitted volume.
(d) Point and nonpoint dischargers who discharge into a water body described in Subsection (a) which has been identified as a Water Quality Limited Segment in the current “Water Quality Assessment”, prepared by the State Board pursuant to Section 303(d) of the Federal Clean Water Act (33 U.S.C. Sect. 1313) shall be subject to a surcharge of 100 percent of the annual fee specified in Subsections (b) or (c). In no case shall the annual fee for these discharges exceed the statutory maximum specified in Subdivision (d) of Section 13396.5 of the Water Code.
(e) The State Board shall notify each discharger of the amount of the fee to be submitted, the basis upon which the fee was calculated, and the date upon which the fee is due.
(f) Any person failing to pay the fee established under this Section, when so requested by the State Board, may be liable civilly in accordance with Subdivision (d) of Section 13261 of the Water Code.
(g) In the event the amount collected under this Section exceeds the maximum allowed by Subdivision (b) of Section 13396.5 of the Water Code, an amount equal to the over collection will be credited against the next year's fees. The amount of the over collection will be prorated among dischargers who submitted the full amount of the fees by the date specified pursuant to Subsection (e) of this Section. The prorated amount shall be reduced from the next year's fee, based on the following equation:
Embedded Graphic 23.0056
(h) Any new discharger identified as being subject to this section shall pay a fee based on the amount specified with the fee schedules in Subsections (b) or (c) prorated for the number of months remaining in the billing cycle.
(i) The annual fees in Subsection (b) and (c) shall be reviewed by the State Board regularly, but in no case less than once every three years. The annual fees may be adjusted on the basis of monitoring information collected as a part of the Bay Protection and Toxic Cleanup Program and information from any other programs deemed appropriate.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13396.5(a), 13396.5(b), 13396.5(d) and 13396.5(e), Water Code.
HISTORY
1. New section filed 12-2-91; operative 1-2-92 (Register 92, No. 9).
Chapter 9.1. Enforcement Procedures
Article 1. Cease and Desist Orders
§2240. When Issued. [Repealed]
Note • History
NOTE
Authority cited: Section 185 and 1058, Water Code. Reference: Section 13283 and Chapters 4, 5 and 8 of Division 7, Water Code.
HISTORY
1. New Subchapter 9.1 (§§2240 through 2245) filed 12-3-70; effective thirtieth day thereafter (Register 70, No. 49).
2. Amendment of title in subchapter 9.1 filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
3. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§2241. Compliance Requirements. [Repealed]
History
HISTORY
1. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§2242. Threatened Violations of Time Schedules. [Repealed]
Note • History
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13300, Water Code.
HISTORY
1. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
2. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
(a) A time schedule should always be included in a cease and desist order unless there is a lack of information upon which to base a schedule in which case the discharger should be instructed to comply forthwith. “Forthwith” means as soon as is reasonably possible.
(b) Time schedules should be periodically reviewed and updated to assure compliance at the earliest possible date.
§2244. Prohibitions or Restrictions on Additional Discharges to Community Sewer Systems.
History
(a) The purpose of prohibitions or restrictions on additional discharges is to prevent an increase in violation or likelihood of violation of waste discharge requirements during a period of violation or threatened violation of requirements and thereby prevent an increase in unreasonable impairment of water quality or an increase in nuisance.
(b) Prohibitions or appropriate restrictions on additional discharges should be included in a cease and desist order if the further addition in volume, type, or concentration of waste entering the sewer system would cause an increase in violation of waste discharge requirements or increase the likelihood of violation of requirements.
(c) Additional discharges should not be restricted or prohibited when violation of requirements can be immediately corrected.
(d) Prohibitions or restrictions are not to be used as a punitive measure for past failure to comply.
(e) Prohibitions or restrictions, when adopted, should include but not be limited to new residential, commercial, industrial, and/or governmental connections as deemed appropriate.
(f) Upon adoption of any cease and desist order which contains a prohibition or restriction on additional discharges, the regional board shall send written notification to all appropriate local agencies.
HISTORY
1. Amendment filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
§2244.1. Exclusions from Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems.
Note • History
(a) Orders prohibiting or restricting additional discharges should expressly exclude structures with building permits already issued at the time the notice of the cease and desist hearing to consider the proposed prohibition or restriction was given unless special circumstances justify inclusion of such structures.
Where the governmental entity with jurisdiction normally does not issue a document called a “building permit” but uses another term to refer to the document which constitutes its final approval of construction, an order prohibiting or restricting additional discharges should expressly exclude such structure if this document has been issued. In the event a structure does not normally require a building permit (e.g., where a government building is exempted from the permit process) an order prohibiting or restricting additional discharges should expressly exclude such structures if construction has commenced.
(b) The following should also be excluded from prohibitions and restrictions:
(1) Discharges from existing dwellings not connected to the sewer system which have methods of waste disposal which are causing more severe water quality problems than those caused by the community sewer system.
(2) Discharges which, by reason of special circumstances, if not allowed to connect to the community sewer system would result in extreme public hardship or a public health hazard. This is not intended to mean that economic loss to a community as a whole or to any public agency or private person within the community is by itself cause for not prohibiting additional connections because such loss is the rule rather than the exception and cannot outweigh the need to prevent an increase in water quality impairment which is the basic reason for the prohibition.
NOTE
Authority cited: Sections 1058 and 13976(h), Water Code. Reference: Chapters 3 and 5, of Division 7, Water Code.
HISTORY
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
2. Amendment of subsection (a) filed 8-24-78 as an emergency; effective upon filing (Register 78, No. 34).
3. Certificate of Compliance filed 10-20-78 (Register 78, No. 42).
§2244.2. Means of Obtaining Exclusions Provided for by Section 2244.1(b).
History
(a) Persons wishing to obtain an exclusion from a prohibition or restriction as provided for in Section 2244.1(b) shall make such request, in writing, to the regional board.
(b) A request for exclusion under Section 2244.1(b) may be made by any person or public agency.
(c) The board or the executive officer shall act promptly upon all requests for an exclusion and in any event within sixty (60) days of its receipt.
(d) Exclusions may be determined by the executive officer under an appropriate delegation order adopted by the regional board pursuant to Water Code Section 13223.
HISTORY
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
§2244.3. Removal of Prohibitions and Restrictions on Additional Discharges to Community Sewer Systems.
History
(a) Prohibitions or restrictions on additional discharges shall not be removed until the violations of requirements which were the basis for imposing the prohibitions or restrictions have ceased and consistent compliance with those requirements has been achieved.
(b) As an exception to (a), prohibitions or restrictions on additional discharges may be removed, at the discretion of the Board, if the Board finds (1) that consistent compliance with requirements can be achieved only by construction of a facility which will take a substantial period of time to complete, and (2) that the discharger has the capacity, authority, and financial resources to complete the corrective measures necessary to achieve compliance and is currently proceeding with such corrective measures, and (3) that the corrective measures necessary to achieve compliance with requirements will be completed and placed into operation by the discharger in the shortest practicable time, and (4) that all practicable interim repairs and improvements to the treatment process of the discharges which can be made have been made, and (5) that during the interim period of time until compliance with requirements can be fully achieved the treatment process of the discharges will be so managed, operated, maintained and repaired as to reduce to a minimum the violations which resulted in the imposition of the prohibitions or restrictions, and that such minimum violations for the interim period of time involved will not significantly impair water quality or beneficial uses.
(c) Prohibitions or restrictions, if removed under subsection (b) hereof, shall be reimposed if the Board finds that the discharger is in violation of any of the conditions of subsection (b) hereof prior to the time that consistent compliance with requirements has been achieved.
(d) Removal of the prohibition or restriction may be total or by volume, type, or concentration of waste as improvements to the treatment and disposal facilities are placed in operation.
HISTORY
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No. 12).
2. Amendment filed 2-5-73; effective thirtieth day thereafter (Register 73, No. 6).
§2245. Immediate Corrective Measures.
(a) Each discharger should be expected to construct emergency facilities or modify existing plant operation to achieve rapid compliance.
(b) Emergency facilities which should be constructed immediately include chemical treatment, additional disinfection, ponding with or without aeration, receiving water mixing, aeration, and any other steps which can be immediately implemented.
(c) Extra cost of such facilities is not a reasonable excuse for failure to construct them.
(d) If necessary emergency facilities are not immediately provided, the board should consider further action against the discharger.
Chapter 9.2. Reportable Quantities and Reporting Requirements
§2250. Reportable Quantity for Sewage.
Note • History
(a) For the purposes of Section 13271 of the Water Code, a reportable quantity for sewage is defined to be any unauthorized discharge of 1,000 gallons or more.
(b) For the purposes of Section 13271, an unauthorized discharge is defined to be a discharge, not regulated by waste discharge requirements, of treated, partially treated, or untreated wastewater resulting from the intentional or unintentional diversion of wastewater from a collection, treatment or disposal systems.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13271, Water Code.
HISTORY
1. New section filed 5-22-89; operative 6-21-89 (Register 89, No. 34). For history of former Section 2250, see Register 81, No. 50.
§2251. Reportable Quantities for Hazardous Wastes or Hazardous Substances.
Note • History
For the purposes of Section 13271 of the Water Code, the reportable quantities for hazardous substances developed by the U.S. Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as contained in 40 CFR Part 302 dated July 1, 1987 shall be in effect.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13050, Water Code; and Section 13271, Water Code.
HISTORY
1. New section filed 5-22-89; operative 6-21-89 (Register 89, No. 34). For history of former Section 2251, see Register 81, No. 50.
Article 2. Reporting Requirements
§2260. Reporting Requirements.
Note • History
Any person responsible for a discharge in excess of the reportable quantities of this subchapter that could affect the waters of the State shall immediately report the discharge in accordance with Section 13271 of the Water Code.
The reporting of discharges in excess of the reportable quantities of this subchapter shall not apply to discharges in compliance with waste discharge requirements, conditions of waiver of waste discharge requirements, or other provisions of Division 7 of the Water Code.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13271, Water Code.
HISTORY
1. New section filed 5-22-89; operative 6-21-89 (Register 89, No. 34).
Chapter 10. Licensing and Regulation of Use of Oil Spill Cleanup Agents [Repealed]
HISTORY
1. Change without regulatory effect repealing chapter 10 (articles 1-3, sections 2300-2336) filed 2-22-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 8). For prior history of sections 2300, 2301, 2302, 2303 and 2311.1, see Register 81, No. 50; for prior history of sections 2320 and 2321, see Register 71, No. 1.
Chapter 11. Certification of Conformance with Water Quality Standards [Repealed]
NOTE
Authority cited: Sections 185 and 1058, Water Code. Reference: Section 13160, Water Code.
HISTORY
1. Repealer of Subchapter 11 (Section 2340-2348) filed 9-2-81; effective thirtieth day thereafter (Register 81, No. 36). For prior history see Registers 79, No. 34; 78, No. 31; 73, No. 9; and 72, No. 20.
Chapter 12. Certification Under Section 169 of the Internal Revenue Code of 1954, As Amended [Repealed]
NOTE
Authority cited: Section 185, Water Code. Reference: Sections 13160 and 13320, Water Code.
HISTORY
1. Repealer of Subchapter 12 (Sections 2360-2367) filed 9-2-81; effective thirtieth day thereafter (Register 81, No. 36). For prior history see Registers 72, No. 24, and 71, No. 3.
Chapter 13. Registration and Regulation of Liquid Waste Haulers [Repealed]
NOTE
Authority cited: Section 1058, Water Code. Reference: Stats. 1979, Chapter 753.
HISTORY
1. Repealer of Subchapter 13 (Articles 1-5, Sections 2400-2441, not consecutive) filed 2-8-80 as an emergency; effective upon filing (Register 80, No. 6). For prior history see Registers 70, No. 51; 71, No. 13; 72, No. 7; and 75, No. 21. A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 6-8-80.
Chapter 14. Classification of Wastewater Treatment Plants and Operator Certification [Repealed]
HISTORY
1. Repealer of Subchapter 14 (Articles 1-6, Sections 2450-2485, not consecutive) filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50). For prior history, see Registers 79, No. 41; 77, No. 20; 75, No. 48; 75, No. 37; 75, No. 35; 75, No. 21; 74, No. 34; 74, No. 30; 74, No. 19; 73, No. 30; and 71, No. 15. Also refer to Chapter 4, Subchapter 14 (Sections 3670-3705, not consecutive).
2. Editorial correction renumbering Sections 2456, 2460, 2465, 2467, 2468, 2474, 2480 and 2481 to Sections 3676, 3680, 3685-3687, 3692, 3700 and 3701 of Chapter 4 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 13).
Chapter 15. Discharges of Hazardous Waste to Land
Article 1. General
Note • History
(a) The regulations in this chapter pertain to water quality aspects of waste discharge to land. The regulations in this chapter establish waste and site classifications and waste management requirements for waste treatment, storage, or disposal in landfills, surface impoundments, waste piles, and land treatment facilities. Requirements in this chapter are minimum standards for proper management of each waste category. Regional boards may impose more stringent requirements to accommodate regional and site-specific conditions. In addition, the requirements of this chapter apply to cleanup and abatement actions for unregulated discharges to land of hazardous waste (e.g., spills), taken pursuant to ¶III.F.2. of SWRCB Resolution No. 92-49 (Section 2907, Title 23, of this code); the SWRCB-promulgated sections of Subdivision 1, Division 2, Title 27 of this code apply in a corresponding fashion to unregulated discharges to land of solid waste.
(b) Unless otherwise specified, alternatives to construction or prescriptive standards contained in this chapter may be considered. Alternatives shall only be approved where the discharger demonstrates that:
(1) the construction or prescriptive standard is not feasible as provided in subsection (c) of this section, and
(2) there is a specific engineered alternative that
(A) is consistent with the performance goal addressed by the particular construction or prescriptive standard; and
(B) affords equivalent protection against water quality impairment.
(c) To establish that compliance with prescriptive standards in this chapter is not feasible for the purposes of subsection (b) of this section, the discharger shall demonstrate that compliance with a prescriptive standard:
(1) is unreasonably and unnecessarily burdensome and will cost substantially more than alternatives which meet the criteria in subsection (b) of this section; or
(2) is impractical and will not promote attainment of applicable performance standards.
Regional boards shall consider all relevant technical and economic factors including, but not limited to, present and projected costs of compliance, potential costs for remedial action in the event that waste or leachate is released to the environment, and the extent of ground water resources which could be affected.
(d) Waste management units which are operating, or have received all permits necessary for construction and operation, on or before November 27, 1984 shall be designated as existing waste management units. This includes disposal sites classified under previous regulations and unclassified waste management units. Dischargers shall continue to operate existing waste management units under existing classifications and waste discharge requirements until those classifications and requirements are reviewed in accordance with Subsection 2591(c) of this chapter. Dischargers who have not filed a report of waste discharge for an existing waste management unit before the effective date of this chapter shall do so within 60 days. Existing waste management units shall be closed and maintained after closure according to Article 8 of this chapter. All other waste management units, including expansions and reconstructions of existing waste management units, shall comply with all applicable provisions of this chapter, as summarized in Table 3.1 and in Subsection 2540(d) of this chapter. Pending review and reclassification, the following provisions of this chapter shall apply to existing waste management units:
(1) within six months, dischargers are required to develop monitoring programs which comply with the requirements of Article 5 of this chapter for existing waste management units, and shall submit such programs to regional boards for approval; and
(2) dischargers may be required to submit additional technical and monitoring reports to regional water quality control boards as determined to be necessary on a case-by-case basis.
(e) In reviewing waste discharge requirements for existing waste management units, regional boards shall consider the results of monitoring programs developed under subsection (d)(1) of this subsection and technical and monitoring reports submitted under subsection (d)(2) of this section. Existing waste management units shall be reclassified according to the geologic sitting criteria in Article 3 of this chapter (as summarized in Table 3.1) and shall be required to comply with applicable construction standards in Article 4 of this chapter (as summarized in subsection 2540(d) of this chapter) as feasible. To establish that retrofitting is not feasible, the discharger shall be required to make the demonstrations in subsections (b) and (c) of this section.
(f) Regional boards shall implement the regulations in this chapter through the issuance of waste discharge requirements for waste management units.
(g) Persons responsible for discharges at waste management units which are closed, abandoned, or inactive on the effective date of these regulations may be required to develop and implement a monitoring program in accordance with Article 5 of this chapter. If water quality impairment is found, such persons may be required to develop and implement a corrective action program based on the provisions of this chapter.
(h) Discharges of mining waste, as defined in Subsection 2570(a) of this chapter, shall be regulated only by the provisions of Article 7 of this chapter and by such provisions of the other articles of this chapter as specifically referenced in Article 7.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13142, 13260 and 13263, Water Code.
HISTORY
1. New chapter 15 (Sections 2500, 2510-2513, 2520-2522, 2530-2536, 2540, 2541, 2550) filed 3-10-72; effective thirtieth day thereafter (Register 72, No. 11).
2. New subsections (i)-(l) filed 6-4-80; effective thirtieth day thereafter (Register 80, No. 23).
3. Repealer of chapter 15 (Sections 2500-2567, not consecutive) and new chapter 15 (Sections 2500-2601, not consecutive) filed 11-27-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 49). For prior history, see Registers 78, No. 9; 73, No. 48; 73, No. 10 and 72, No. 53.
4. Amendment of subsections (a) and (d)-(h), repealer of subsection (i) and amendment of Note filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
The following activities shall be exempt from the provisions of this chapter.
(a) Discharges of domestic sewage or treated effluent which are regulated by waste discharge requirements issued pursuant to Article 9 of this chapter, or for which waste discharge requirements have been waived, and which are consistent with applicable water quality objectives, and treatment or storage facilities associated with municipal wastewater treatment plants, provided that residual sludges or solid waste from wastewater treatment facilities shall be discharged only in accordance with the applicable provisions of this chapter.
(b) Discharges of wastewater to land, including but not limited to evaporation ponds, percolation ponds, or subsurface leachfields if the following conditions are met:
(1) the applicable regional board has issued waste discharge requirements, reclamation requirements, or waived such issuance;
(2) the discharge is in compliance with the applicable water quality control plan; and
(3) the wastewater does not need to be managed according to Chapter 30 of Division 4 of Title 22 of this code as a hazardous waste.
(c) Discharges of waste to wells by injection pursuant to the Underground Injection Control Program established by the United States Environmental Protection Agency (USEPA) under the Safe Drinking Water Act, (42 U.S. Code Section 300[h], see Title 40 of the Code of Federal Regulations, Parts 144 to 146, 40 CFR 144 to 146).
(d) Actions taken by or at the direction of public agencies to cleanup or abate conditions of pollution or nuisance resulting from unintentional or unauthorized releases of waste or pollutants to the environment; provided that wastes, pollutants, or contaminated materials removed from the immediate place of release shall be discharged according to Article 2 of this chapter; and further provided that remedial actions intended to contain such wastes at the place of release shall implement applicable provisions of this chapter to the extent feasible.
(e) Discharges of condensate from methane gas recovery operations at classified waste management units if the following conditions are met:
(1) condensate shall have no chemical additives which could adversely affect containment features, and shall consist only of water and liquid contaminants removed from gas recovered at a waste management unit;
(2) condensate shall be discharged to a different landfill waste management unit with a leachate collection and removal system operated under waste discharge requirements issued by the regional board, or returned to the waste management unit(s) from which it came; and
(3) the discharger shall submit a report of waste discharge to the regional board pursuant to Article 9 of this chapter, and shall discharge condensate only in compliance with waste discharge requirements.
(f) Use of nonhazardous decomposable waste as a soil amendment pursuant to applicable best management practices, provided that regional boards may issue waste discharge or reclamation requirements for such use.
(g) Discharges of drilling mud and cuttings from well-drilling operations, provided that such discharges are to on-site sumps and do not contain halogenated solvents. At the end of drilling operations, the discharger shall either:
(1) remove all wastes from the sump; or
(2) remove all free liquid from the sump and cover residual solid and semi-solid wastes, provided that representative sampling of the sump contents after liquid removal shows residual solid wastes to be nonhazardous. If the sump has appropriate containment features, it may be reused.
(h) Recycling or other use of materials salvaged from waste, or produced by waste treatment, such as scrap metal, compost, and recycled chemicals, provided that discharges of residual wastes from recycling or treatment operations to land shall be according to applicable provisions of this chapter.
(i) Waste treatment in fully enclosed facilities, such as tanks, or in concrete-lined facilities of limited areal extent, such a oil-water separators designed, constructed, and operated according to American Petroleum Institute specifications.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13142, 13260 and 13269, Water Code.
HISTORY
1. Amendment of first paragraph and subsections (a), (b)(1)-(2), (c), (d), (e)(1)-(3), (g)(1) and (h), and amendment of Note filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 2. Waste Classification and Management
§2520. Applicability and Classification Criteria.
Note
(a) This article contains a waste classification system which applies to wastes that cannot be discharged directly or indirectly to waters of the state and which therefore must be discharged to land for treatment, storage, or disposal in accordance with the requirements of this subchapter. Wastes which can be discharged directly or indirectly to waters of the state are regulated under waste discharge requirements which implement applicable water quality control plans and are not subject to the provisions of this subchapter. This waste classification system shall provide the basis for determining which wastes may be discharged at each class of waste management unit. Waste classifications are based on an assessment of the potential risk of water quality degradation associated with each category of waste.
(1) The waste classifications in this article shall determine where the waste may be discharged unless the discharger establishes, to the satisfaction of the regional board, that a particular waste constituent or combination of constituents presents a lower risk of water quality degradation than indicated by classification according to this article.
(2) Discharges of wastes identified in Sections 2521, 2522, or 2523 of this article shall be permitted only at waste management units which have been approved and classified by the appropriate regional board in accordance with the criteria established in Article 3 of this subchapter, and for which waste discharge requirements have been prescribed or waived pursuant to Article 9 of this subchapter. Table 2.1 presents a summary of discharge options for each waste category.
(b) The following wastes shall be discharged only at dedicated waste management units which are designed and constructed to contain such wastes:
(1) wastes which cause corrosion or decay, or otherwise reduce or impair the integrity of containment structures;
(2) wastes which, if mixed or commingled with other wastes under conditions, produce violent reaction, heat or pressure, fire or explosion, toxic byproducts, or reaction products which:
(A) require a higher level of containment,
(B) are restricted wastes, or
(C) impair the integrity of containment structures.
(c) Dischargers shall be responsible for accurate characterization of wastes, including determinations of whether or not wastes will be compatible with containment features and other wastes at a waste management unit under subsection (b) of this section, and whether or not wastes are required to be managed as hazardous wastes under Section 66300 of Title 22 of this code.
(d) Management of liquids at classified waste management units:
(1) No liquid waste, or containers containing free liquid, shall be discharged to a Class I landfill or waste pile unless the waste has been treated to eliminate fee liquids. Liquid waste may be treated by evaporation, mixture with sorbent solids, chemical reaction, or other means. Exceptions to this rule may be granted by regional boards for landfill disposal of:
(A) Small containers which will not, individually or cumulatively, add a significant volume of liquid to the landfill, provided that, for hazardous waste, the exemption shall be available only for very small containers, such as ampoules;
(B) Containers designed to hold free liquids for reasons other than storage (e.g., batteries, capacitors), provided that such containers are sealed and less than 3 cubic feet (56.5 litres) in volume; or
(C) lab packs, as defined in Section 67424 of Title 22 of this code, provided that such lab packs are disposed of as required by that section;
(D) bulk or noncontainerized liquids, provided that the regional board finds that there is no feasible alternative to discharge at a landfill, that a minimum solids-to-liquids ratio of 5:1 by weight is maintained at the landfill, that the landfill is equipped with a liner and a leachate collection and removal system, and provided that such discharges shall not continue after December 31, 1989.
(2) Wastes containing free liquids may not be discharged to a Class II waste pile. Any waste that contains liquid in excess of the moisture-holding capacity of the waste in the Class II landfill, or which may contain liquid in excess of the moisture-holding capacity as a result of waste management operations, compaction, or settlement shall only be discharged to a surface impoundment or to a waste management unit with containment features equivalent to a surface impoundment.
(3) Liquids or semi-solid waste (i.e., waste containing less than 50 percent solids), other than dewatered sewage or water treatment sludge as described in Subsection 2523(c) of this article, shall not be discharged to Class III landfills. Exceptions may be granted by the regional board if the discharger can demonstrate that such discharge will not exceed the moisture-holding capacity of the landfill, either initially or as a result of waste management operations, compaction, or settlement.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
TABLE 2.1. SUMMARY OF WASTE MANAGEMENT STRATEGIES FOR DISCHARGES OF WASTE TO LAND1
Waste Siting
Waste Management Primary and
Waste Management Unit Contain- Geologic
Category 2,3 Strategy Class Type ment4 Criteria 5
Liquid Full I Surface Double (a) Natural fea--
Hazardous 6 Containment Impoundment Liners 7 tures capable of
containing waste
and leachate as
backup to primary
containment.
Solid Full I Landfill Double
Hazardous 6 Containment Liners 7
Dry Full I Waste Double (b) Not located
Solid Containment Pile Liners 7, 8 in areas of
unacceptable
risk from
Hazardous 6 geologic or
environmental
hazards.
Liquid Full II Surface Double (a) Natural fea--
Designated Containment Impoundment Liners 7,9 tures capable
(including of containing
undewatered waste and
sludge) leachate may
satisfy
primary contain--
ment
requirements.
Solid Full II Landfill Single
Designated Containment
Dry Full II Waste Single (b) May be loc--
Solid Containment Pile Liner 10,11 ated in most
Designated areas except
high risk
areas.
Nonhazardous Protect III Landfill None 12 (a) Consider--
Solid Waste Beneficial ation of factors
(including de-- Uses listed in
watered sludge Subsection
and acceptable 2533(b)12
incinerator ash)
(b) May be loc--
ated in most
areas except
high risk areas.
1 See Sec. 2510 for applicability to existing facilities.
2 Waste in any category may be discharged at waste management units with higher levels of containment ability.
3 Wastes suitable for land treatment in any category may be discharged at land treatment facilities.
4 See Article 4 of this subchapter.
5 See Article 3 of this subchapter.
6 Certain hazardous wastes may be discharged at Class II waste management units, see Sec. 2522(a)(2).
7 Leachate collection and removal system (LCRS) required.
8 Single liner may be acceptable, see Table 4.1.
9 Suitable natural features may satisfy requirements for outer liner where double liners are needed. Single replaceable clay liner (no LCRS) also acceptable.
10 Suitable natural features may satisfy primary containment requirement.
11 LCRS required as appropriate.
12 Units at sites not meeting sitting and geologic criteria must have a single liner and LCRS.
Note • History
(a) Hazardous waste is any waste which, under Section 66261.3 of Title 22 of this code, is required to be managed according to Chapter 11 of Division 4.5 of Title 22 of this code.
(b) Hazardous wastes shall be discharged only at Class I waste management units which comply with the applicable provisions of this chapter unless wastes qualify for a variance under Section 66260.210 of Title 22 of this code.
(c) Wastes which fall under the restrictions of Chapter 18 of Division 4.5 of Title 22 of this code (§66268.1 et seq.) shall not be discharged for treatment, storage, or disposal except as provided in that chapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13050 and 13172, Water Code.
HISTORY
1. Amendment of subsections (a), (b) and (c), and repealer of subsections (c)(1)-(3) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect amending subsection (a) filed 4-1-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 14).
§2522. Designated Waste. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2523. Nonhazardous Solid Waste. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2524. Inert Waste. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3. Waste Management Unit Classification and Siting
§2530. Classification and Siting Criteria.
Note • History
(a) Waste management units shall be classified according to their ability to contain wastes. Containment shall be determined by geology, hydrology, topography, climatology, and other factors relating to the ability of the waste management unit to protect water quality. A waste management facility may consist of several waste management units each with a different classification. [Note: for Units that receive only solid waste, see §20200-§20260, Subdivision 1, Division 2, Title 27 of this Code]. Classification of waste management units for hazardous waste shall be based on the criteria contained in this article, on field inspections by RWOCB and State Water Resources Control Board staffs, and on other pertinent information. Information used to classify waste management units shall be submitted according to the provisions of Article 9 of this chapter. Classified waste management units shall comply with appropriate waste discharge requirements.
(b) Existing waste management units for, or that contain, hazardous waste shall be reclassified according to applicable criteria in this article, provided that such units:
(1) comply with siting criteria for each category of existing units in Section 2531 of this article, and summarized in Table 3.1 of this article; and
(2) are operating in compliance with Subsection 2510(d) of this chapter.
(c) All new Class I landfills, waste piles, and surface impoundments shall be sited, designed, constructed, and operated to ensure that wastes will be a minimum of 5 feet above the highest anticipated elevation of underlying ground water. Existing landfills, waste piles, and surface impoundments shall be operated to ensure that wastes will be a minimum of 5 feet above the highest anticipated elevation of underlying ground water. For new and existing land treatment units, the base of the treatment zone shall be a minimum of 5 feet above the highest anticipated elevation of underlying ground water and dischargers shall not be entitled to exemption under Subsection 2510(b) of this chapter.
(d) All containment structures at waste management units shall have a foundation or base capable of providing support for the structures and capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a registered civil engineer or certified engineering geologist.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a)-(c) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2531. Class I: Waste Management Units for Hazardous Waste.
Note • History
(a) Class I disposal units shall be located where natural geologic features provide optimum conditions for isolation of wastes from waters of the state. The classification criteria for new disposal units in this section shall be applied to new treatment and storage units, and shall be used for reclassification of existing waste management units according to the following categories:
(1) existing units at disposal sites approved as Class I under previous regulations and any expansion or reconstruction thereof (designated as “I” in Table 3.1);
(2) existing units at disposal sites approved as limited Class I (“I”) or Class II-1 (“II-1”) under previous regulations;
(3) existing units used for treatment or storage of hazardous wastes (“T/S”), whether or not classified under previous regulations; and
(4) reconstruction (“REC”) or Expansion (“EX”) of existing units described in subsections (a)(2) and (a)(3) of this section.
(b) Geologic Setting
(1) New and existing Class I units shall be immediately underlain by natural geologic materials which have a permeability of not more than 1 x 10-7 cm/sec, and which are of sufficient thickness to prevent vertical movement of fluid, including waste and leachate, from waste management units to waters of the state as long as wastes in such units pose a threat to water quality. Class I units shall not be located where areas of primary (porous) or secondary (rock opening) permeability greater than 1 x 10-7 cm/sec could impair the competence of natural geologic materials to act as a barrier to vertical fluid movement. These provisions do not apply to Class I land treatment facilities.
(2) Natural or artificial barriers shall be used to prevent lateral movement of fluid, including waste and leachate.
(c) Flooding--New disposal units and existing units in Category I other than existing land treatment units, shall be located outside of floodplains subject to inundation by floods with a 100-year return period. Other existing units and new treatment and storage units may be located within such floodplains provided that such units are designed, constructed, operated, and maintained to prevent inundation or washout due to floods with a 100-year return period.
(d) Ground Rupture--New units and existing units in Categories I, I', REC, and EX, other than existing land treatment units, shall have a 200-foot setback from any known Holocene fault. Existing units in Categories II-1 and T/S and existing land treatment units may be located within 200 feet of a known Holocene fault, provided that containment structures are capable of withstanding ground accelerations associated with the maximum credible earthquake.
(e) Rapid Geologic Change--New disposal units and existing units in Categories I, I', and EX, other than existing land treatment units, shall be located outside areas of potential rapid geologic change. Other units may be located in such areas if containment structures are designed, constructed, and maintained to preclude failure, as a result of such changes.
(f) Tidal Waves--New disposal units shall be located outside areas subject to tsunamis, seiches, and surges. Other units may be located within these areas if designed, constructed, and maintained to preclude failure due to such events.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a)(1)-(3) and (b)(1) and Table 3.1 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Table 3.1 Geologic and Siting Criteria for Class I
Waste Management Units
Waste Management Unit Classification
Site Charac- Reclassification of
teristics New Class I Existing Class I1
Geologic Maximum attainable isolation I I1 II-I T/S REC EX
Setting from ground water; see Section Yes Yes Yes Yes Yes Yes
2531(b) of this article.
Flooding Outside of 100-year Yes No5 No5 No5 No5 No5
floodplain.4
Ground 2001 setback from known Yes Yes No5 No5 Yes Yes
Rupture Holocene fault.
Rapid Outside subject area Yes Yes No5 No5 No5 Yes
Geologic (potential to impair
Change containment)4
Tidal Outside subject No siting restriction5
Waves6 coastal areas.4
“Yes” means the unit shall comply with requirements for new Class I facilities.
1 This category is defined in Subsection 2531(a) of this article.
2 [Reserved.]
3 [Reserved.]
4 Waste management units used only for treatment and storage may be located within prescribed areas, provided that exemption from applicable siting criteria is conditioned on protection of treatment and storage from geologic or environmental hazards involved.
5 Exemption from siting criteria does not release dischargers from the obligation to protect waste management units from the geologic or environmental hazards involved. Exemption is conditions on such protection.
6 “Tidal waves” includes tsunamis, seiches, and surge condition.
§2532. Class II: Waste Management Units for Designated Waste. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2533. Class III: Landfills for Nonhazardous Solid Waste. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 4. Construction Standards
§2540. General Construction Criteria.
Note • History
(a) Class I waste management units shall be designed and constructed to prevent migration of wastes from the waste management units to adjacent geologic materials, ground water, or surface water, during disposal operations, closure, and the post-closure maintenance period.
(b) [Reserved.]
(c) [Reserved.]
(d) New Class I landfills, waste piles, and surface impoundments shall comply with the requirements of this article. Existing Class I waste piles and surface impoundments shall be fitted with liners and leachate collection and removal systems as described in Sections 2542 and 2543 of this article as feasible. Existing Class I landfills and waste piles shall have interim cover as described in Section 2544 of this article. Existing Class I landfills, waste piles, and surface impoundments shall be fitted with subsurface barriers as described in Section 2545 of this article as needed and feasible, and shall have precipitation and drainage control facilities as described in Section 2546 of this article. Existing Class I surface impoundments shall comply with Section 2548 of this article. New and existing Class I land treatment units shall comply with Section 2549 of this article. All existing Class I waste management units shall comply with the seismic design criteria in Section 2547 of this article.
(e) Containment structures shall be designed by and construction shall be supervised and certified by a registered civil engineer or a certified engineering geologist. Facilities shall receive a final inspection and approval of the construction by regional board or State Board staff before use of the facility commences.
(f) The integrity of containment structures shall be maintained. Excavations made as part of discharge operations shall not result in removal of any portion of a containment structure.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of article heading and subsections (a)-(d) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2541. General Criteria for Containment Structures.
Note
(a) Materials used in containment structures shall have appropriate chemical and physical properties to ensure that such structures do not fail to contain waste because of pressure gradients (including hydraulic head and external hydrogeologic forces), physical contact with the waste or leachate, chemical reactions with soil and rock, climatic conditions, the stress of installation, and the stress of daily operation.
(b) Permeabilities specified for containment structures other than cover shall be relative to the fluids, including waste and leachate, to be contained. Permeabilities specified for final cover shall be relative to water.
(c) Permeabilities shall be determined primarily by appropriate field test methods in accordance with accepted civil engineering practice. The results of laboratory tests with both water and leachate, and field tests with water, shall be compared to evaluate how the field permeabilities will be affected by leachate. Appropriate compaction tests may be used in conjunction with laboratory permeability tests to determine field permeabilities as long as a reasonable number of field permeability tests are also conducted. One acceptable method for testing the compatibility of leachate and clay liners (including the permeability of the liner to leachate) is given in Appendix I.
(d) Earthen materials used in containment structures other than cutoff walls and grout curtains shall consist of a mixture of clay and other suitable fine-grained soils which have the following characteristics, and which, in combination, can be compacted to attain the required permeability when installed. Liners made of such materials are referred to as “clay liners” in this chapter.
(1) At least 30 percent of the material, by weight, shall pass a No. 200 U. S. Standard sieve.
(2) The materials shall be fine-grained soils with a significant clay content and without organic matter, in the “SC” (clayey sand), “CL” (clay, sandy or silty clay), or “CH” (clay, sandy clay) classes of the Unified Soil Classification system.
(e) Construction standards for waste management units other than land treatment are given on Table 4.1 and in Figure 4.1.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
Table 4.1. Construction Standards for Waste Management Units1
Embedded Graphic 23.0057
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of Table 4.1 and new footnotes 7, 8 and 9 filed 6-12-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 24).
2. Amendment of subsections (d) and (e), Table 4.1 and Figure 4.1, and repealer of figure 4.2 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
(a) Liners shall be designed and constructed to contain the fluid, including waste and leachate, as required by Article 3 of this chapter.
(b) Clay liners for a Class I waste management unit shall be a minimum of 2 feet thick and shall be installed at a relative compaction of at least 90 percent.
(c) Synthetic liners shall have a minimum thickness of 40 mils.
(d) Liners shall be installed to cover all natural geologic materials at a waste management unit likely to be in contact with waste or leachate.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a)-(c) and repealer of subsection (e) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2543. Leachate Collection and Removal Systems.
Note • History
(a) Leachate collection and removal systems are required for Class I landfills, surface impoundments, and waste piles. The systems shall be installed directly above underlying containment features for landfills and waste piles, and installed between the liners for surface impoundments. Leachate collection and removal systems requirements are summarized on Table 4.1.
(b) Where leachate collection and removal systems are used, they shall be installed immediately above the liner, or between the inner and outer liner of a double-liner system, and shall be designed, constructed, maintained, and operated to collect and remove twice the maximum anticipated daily volume of leachate from the waste management unit.
(c) Regional boards shall specify design and operating conditions in waste discharge requirements to ensure that there is no buildup of hydraulic head on the liner. The depth of fluid in the collection sump shall be kept at the minimum needed to ensure efficient pump operation.
(d) Leachate collection and removal systems shall be designed and operated to function without clogging through the scheduled closure of the waste management unit and during the post-closure maintenance period. The systems shall be tested at least annually to demonstrate proper operation. The results of the tests shall be compared with earlier tests made under comparable conditions.
(e) Leachate collection and removal system shall consist of a permeable subdrain layer which covers the bottom of the waste management unit and extends as far up the sides as possible, (i.e., blanket-type). The collection and removal system shall be of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the waste management units.
(f) [Reserved.]
(g) Collected leachate shall be system returned to the waste management unit(s) from which it came or discharged in another manner approved by he regional board. Collected leachate may be discharged to a different waste management unit if:
(1) the receiving waste management unit has a leachate collection and removal system, contains wastes which are similar in classification and characteristics to those in the waste management unit(s) from which leachate was extracted, and has at least the same classification under Article 3 of this chapter as the units from which leachate was extracted; and
(2) the discharge to a different waste management unit is approved by the regional board; and
(3) the discharge of leachate to a different waste management unit shall not exceed the moisture-holding capacity of the receiving unit, and shall comply with Subsection 2520(d) of this chapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a) and (e), repealer of subsection (f), and amendment of subsections (g)(1) and (g)(3) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
(a) Interim cover at landfills is daily cover and intermediate cover as defined by the California Waste Management Board.
(b) Interim cover over wastes discharged to a landfill shall be designed and constructed to minimize percolation of precipitation through wastes.
(c) Class I waste piles shall be covered as necessary to prevent percolation of precipitation through wastes.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsection (c) and repealer of subsection (d) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
(a) Subsurface barriers are cutoff walls or grout curtains which are used in conjunction with natural geologic materials to assure that lateral permeability standards specified in Article 3 of this chapter are satisfied. Subsections (b) and (c) specify conditions under which cutoff walls and grout curtains are used.
(b) Cutoff walls
(1) Cutoff walls are required at Class I waste management units where there is potential for lateral movement of fluid, including waste or leachate.
(2) Cutoff walls shall be:
(A) a minimum of two feet thick for clay materials; or
(B) a minimum of 40 mils thick for synthetic materials; and
(C) keyed a minimum of five feet into natural geologic material which satisfies the applicable permeability requirements in Article 3 of this chapter.
(3) If cutoff walls are used, excavations for waste management units shall be keyed into natural geologic materials which satisfy applicable permeability requirements in Article 3 of this chapter.
(4) At closure of a waste pile or surface impoundment, all contaminated natural geologic materials present between the cutoff wall(s) and the waste shall be removed and disposed of at an authorized location, or the waste management unit shall be closed as a landfill.
(5) Cutoff walls shall have fluid collection systems installed upgradient of the structure. The systems shall be designed, constructed, operated, and maintained to prevent the buildup of hydraulic head against the structure. The collection system shall be inspected regularly, and accumulated fluid shall be removed.
(c) Grout Curtains
(1) Grout curtains may be used as needed to prevent lateral waste movement through fractures in natural geologic materials that otherwise satisfy applicable permeability requirements in Article 3 of this chapter. Only fractures that are at or near the surface and are of limited vertical extent may be grouted.
(2) The acceptability of grout curtains for a waste management unit shall include consideration of:
(A) depth and nature of fracturing; and
(B) fracture orientation.
(3) Grout characteristics shall not be adversely affected by fluid, including waste and leachate, or natural conditions.
(4) Optimum grouting pressure and placement of grout holes shall be determined by test grouting.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a), (b)(1), (b)(2)(C) and (b)(3) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2546. Precipitation and Drainage Controls.
Note • History
(a) Class I waste management units and containment structures shall be designed and constructed to limit, to the greatest extent possible, ponding, infiltration, inundation, erosion, slope failure, washout, and overtopping under the precipitation conditions specified in Table 4.1 of this article.
(b) Precipitation on Class I landfills or waste piles which is not diverted by covers or drainage control systems shall be collected and managed through the leachate collection and removal system, which shall be designed and constructed to accommodate precipitation conditions specified in Table 4.1 of this article.
(c) Diversion and drainage facilities shall be designed and constructed to accommodate the anticipated volume of precipitation and peak flows from surface runoff under the precipitation conditions specified in Table 4.1 of this article.
(d) Collection and holding facilities associated with precipitation and drainage control systems shall be emptied immediately following each storm or otherwise managed to maintain the design capacity of the system.
(e) Surface and subsurface drainage from outside of a waste management unit shall be diverted from the waste management unit.
(f) Cover materials shall be graded to divert precipitation from the waste management unit, to prevent ponding of surface water over wastes, and to resist erosion as a result of precipitation with the return frequency specified in Table 4.1 of this article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a)-(d) and (f) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
Class I waste management units shall be designed to withstand the maximum credible earthquake without damage to the foundation or to the structures which control leachate, surface drainage, erosion, or gas.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2548. Special Requirements for Surface Impoundments.
Note • History
(a) Surface impoundments shall have sufficient freeboard to accommodate seasonal precipitation and precipitation conditions specified in Table 4.1 of this article but in no case less than 2 feet (measured vertically), and shall be designed and constructed to prevent overtopping as a result of wind conditions likely to accompany such precipitation conditions. A freeboard of less than 2 feet may be allowed at interior surface impoundments of a waste management facility where potential overflows would be to exterior surface impoundments, the operation implements a properly developed water balance plan, and the facility is provided with a fail-safe emergency retention area solely for the purpose of containing wastes due to surface impoundment failures.
(b) An operation plan shall be submitted to the regional board which will provide operation levels and waste input quantities permitted each month based on anticipated precipitation and on past precipitation conditions for the year.
(c) Direct pipeline discharge to surface impoundments shall be either equipped with devices or shall have fail-safe operating procedures to prevent overfilling. Discharges shall be stopped in the event of any containment system failure which causes a threat to water quality.
(d) There shall be no discharge from a surface impoundment except as authorized by waste discharge requirements.
(e) Surface impoundments shall be designed and constructed to prevent scouring of containment structures at points of discharge into the impoundments and by wave action at the waterline.
(f) All visible portions of synthetic liners shall be inspected weekly until all free liquid is removed from the surface impoundment as part of closure. If, during the active life of the impoundment, the wastes are removed and the bottom of the impoundment cleaned down to the liner, an inspection shall be made of the bottom of the liner prior to refilling of the impoundment.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsections (a) and (f) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2549. Special Requirements for Land Treatment Facilities.
Note • History
(a) Dischargers operating land treatment facilities shall comply with the general criteria specified in Subsections 2541(a) and (d) of this article, with the precipitation and drainage controls specified in Section 2546 of this article, and with the seismic design criteria in Section 2547 of this article.
(b) Dischargers shall design, construct, operate, and maintain land treatment units to maximize the degradation, transformation, and immobilization of waste constituents in the treatment zone.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13360, Water Code.
HISTORY
1. Amendment of subsection (b) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 5. Water Quality Monitoring and Response Programs for Waste Management Units
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer and amendment of Article 5 heading filed 5-24-91; operative 7-1-91 (Register 91, No. 22). For prior history see, Register 84, No. 49.
Note • History
(a) The regulations in this article apply to owners or operators of facilities that treat, store, or dispose of hazardous waste at Class I waste management units. The owner or operator of a surface impoundment, waste pile, landfill, or land treatment unit that receives or has received waste (hereinafter referred to as “waste management units”) that is subject to this chapter, pursuant to Article 1 of this chapter, shall comply with the provisions of this article for purposes of detecting, characterizing, and responding to releases to ground water, surface water, or the unsaturated zone. Additionally, notwithstanding any other provision of Article 1 of this chapter, the provisions of this article apply to all waste management units that received hazardous waste between July 26, 1982, and December 8, 1984. Furthermore, §2550.4 of this article also applies to all determinations of alternative cleanup levels for unpermitted discharges to land of hazardous waste, pursuant to ¶III.G. of SWRCB Resolution No. 92-49 (Section 2907, Title 23 of this code) [§20400 of Title 27 of this code serves a similar function for unpermitted discharges to land of solid waste].
(b) Waste discharge requirements shall contain a provision which requires the discharger to obtain and maintain assurances of financial responsibility for initiating and completing corrective action for all known or reasonably foreseeable releases from the waste management unit and for initiating and completing all corrective action required pursuant to subsection (c) of this section and section 2550.12 of this article. The discharger shall obtain financial assurance meeting the requirements of this subsection in accordance with the following schedule:
(1) all waste management units to which waste has not been discharged as of 7-1-91 shall obtain financial assurances prior to discharging waste;
(2) waste management units in the following categories shall obtain financial assurance within six months after 7-1-91:
(A) [Reserved.];
(B) [Reserved]; and
(C) Class I units that received hazardous waste after July 26, 1982.
(c) Dischargers seeking waste discharge requirements for treatment, storage or disposal of hazardous waste at a facility shall comply with the provisions of section 2550.12 of this article for all areas at the facility, other than waste management units, from which hazardous wastes (or hazardous constituents) have migrated, regardless of the time at which waste was discharged.
(d) The regulations under this article apply during the active life of the waste management unit and the closure period of the unit. After closure of the waste management unit, the regulations in this article apply during the post-closure maintenance period of the waste management unit and during any compliance period under section 2550.6 of this article, unless:
(1) the waste management unit has been in compliance with the water quality protection standard for a period of three consecutive years; and
(2) all waste, waste residues, contaminated containment system components, contaminated subsoils, and all other contaminated materials are removed or decontaminated at closure.
(e) For purposes of this article, subsections 2510(b) and (c) of Article 1 of this chapter do not apply.
(f) For waste management units which are operating, or have received all permits necessary for construction or operation on or before 7-1-91, the discharger shall propose monitoring programs which comply with the provisions of this article and submit these proposed programs to the regional board. Owners or operators of Class I units shall make this submittal within six months of 7-1-91 and the regional board shall revise the waste discharge requirements to implement the provisions of this article within one year of submittal. The discharger shall begin any necessary construction within 30 days of regional board approval of the proposed programs and shall implement the approved monitoring programs according to a schedule of compliance established by the regional board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsections (a) and (b), repealer of subsections (a)(2)(A) and (a)(2)(B), and amendment of subsection (f) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
(a) A discharger subject to this article shall conduct a monitoring and response program, approved by the regional board, for each waste management unit at the facility as follows.
(1) The discharger shall institute a detection monitoring program under section 2550.8 of this article except as required under Subsections (a)(2), (a)(3), and (a)(4) of this section;
(2) The discharger shall institute an evaluation monitoring program under section 2550.9 of this article whenever there is statistically significant evidence of a release, pursuant to subsections 2550.8(g) or (i) of this article, from the waste management unit during a detection monitoring program;
(3) The discharger shall institute an evaluation monitoring program under section 2550.9 of this article whenever there is significant physical evidence of a release from the waste management unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil characteristics, visible signs of leachate migration, and unexplained water table mounding beneath or adjacent to the waste management unit and any other change to the environment that could reasonably be expected to be the result of a release from the waste management unit; and
(4) The discharger shall institute a corrective action program under section 2550.10 of this article when the regional board determines pursuant to section 2550.9 of this article that the assessment of the nature and extent of the release and the design of a Corrective Action Program have been satisfactorily completed and the regional board approves the application for an amended report of waste discharge for corrective action submitted by the discharger during an evaluation monitoring program pursuant to subsection 2550.9(d) of this article.
(b) The regional board shall specify in the waste discharge requirements the specific type or types of monitoring programs required and the specific elements of each monitoring and response program. For each waste management unit, the regional board shall require one or more of the programs identified in subsection (a) of this section that is appropriate for the prevailing state of containment at the waste management unit and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the discharger to be prepared to institute a particular program, the regional board shall consider the potential adverse effects on human health or the environment that might occur before final administrative action on an amended report of waste discharge to incorporate such a program could be taken.
(c) In conjunction with an evaluation monitoring program or a corrective action program, the discharger shall continue to conduct a detection monitoring program under section 2550.8 of this article as necessary to provide the best assurance of the detection of subsequent releases from the waste management unit.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267, and 13304, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§2550.2. Water Quality Protection Standard.
Note • History
(a) For each Class I waste management unit, the regional board shall establish a water quality protection standard in the waste discharge requirements. This water quality protection standard shall consist of the list of constituents of concern under section 2550.3 of this article, the concentration limits under section 2550.4 of this article, and the point of compliance and all monitoring points under section 2550.5 of this article.This water quality protection standard shall apply during the active life of the waste management unit, the closure period, the post-closure maintenance period, and during any compliance period under section 2550.6 of this article.
(b) If a discharger is conducting a detection monitoring program in conjunction with an evaluation or corrective action program for a Class I waste management unit pursuant to section 2550.1(c) of this article, the regional board may establish separate water quality protection standards for each program.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.3. Constituents of Concern.
Note • History
For each Class I waste management unit, the regional board shall specify in the waste discharge requirements the constituents of concern to which the water quality protection standard of section 2550.2 of this article applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the waste management unit.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.4. Concentration Limits.
Note • History
[Note: The special applicability of this section is described in §2550.0(a) of this article; see also §2510(a) of this chapter.]
(a) For each constituent of concern specified pursuant to section 2550.3 of this article (or for a hazardous constituent that is addressed by a cleanup and abatement action taken pursuant to SWRCB Resolution No. 92-49 [section 2907, Title 23 of this code]), the discharger shall propose one of the following for each medium (including ground water, surface water, and the unsaturated zone) that is monitored pursuant to section 2550.7 of this article (or that is included in a cleanup and abatement action under SWRCB Resolution No. 92-49):
(1) a concentration limit not to exceed the background value of that constituent as determined pursuant to subsection 2550.7(e)(11)(A) of this article;
(2) that the waste discharge requirements include a statement that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to subsection 2550.7(e)(11)(B) of this article; or
(3) a concentration limit greater than background established pursuant to this section for a corrective action program.
(b) The regional board shall review the proposed concentration limits and statements and shall approve, modify, or disapprove each proposed limit and each proposed statement. Upon final approval by the regional board, each concentration limit and each statement shall be specified in waste discharge requirements. The regional board shall approve more than one concentration limit for different monitoring points in the same medium only if:
(1) more than one background condition exists within a particular medium;
(2) the statistical method approved for a constituent uses intra-well comparisons procedures; or
(3) concentration limits greater than background have been established for a corrective action program at the monitoring points in the zone affected by a release from the waste management unit.
(c) For a corrective action program, the regional board shall establish a concentration limit for a constituent of concern that is greater than the background value of that constituent only if the regional board finds that it is technologically or economically infeasible to achieve the background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the concentration limit greater than background is not exceeded. In making this finding, the regional board shall consider the factors specified in subsection (d) of this section, the results of the engineering feasibility study submitted pursuant to subsection 2550.9(c) of this article, data submitted by the discharger pursuant to subsection 2550.9(d)(2) of this article to support the proposed concentration limit greater than background, public testimony on the proposal, and any additional data obtained during the evaluation monitoring program.
(d) In establishing a concentration limit greater than background for a constituent of concern, the regional board shall consider the following factors:
(1) potential adverse effects on ground water quality and beneficial uses, considering:
(A) the physical and chemical characteristics of the waste in the waste management unit;
(B) the hydrogeological characteristics of the facility and surrounding land;
(C) the quantity of ground water and the direction of ground water flow;
(D) the proximity and withdrawal rates of ground water users;
(E) the current and potential future uses of ground water in the area;
(F) the existing quality of ground water, including other sources of contamination or pollution and their cumulative impact on the ground water quality;
(G) the potential for health risks caused by human exposure to waste constituents;
(H) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and
(I) the persistence and permanence of the potential adverse effects; and
(2) potential adverse effects on surface water quality and beneficial uses, considering:
(A) the volume and physical and chemical characteristics of the waste in the waste management unit;
(B) the hydrogeological characteristics of the facility and surrounding land;
(C) the quantity and quality of ground water and the direction of ground water flow;
(D) the patterns of precipitation in the region;
(E) the proximity of the waste management unit to surface waters;
(F) the current and potential future uses of surface waters in the area;
(G) the existing quality of surface water including other sources of contamination or pollution and the cumulative impact on surface water quality;
(H) the potential for health risks caused by human exposure to waste constituents;
(I) the potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and
(J) the persistence and permanence of the potential adverse effects.
(e) In no event shall a concentration limit greater than background established under this section for a constituent of concern exceed the lowest concentration that the discharger demonstrates and the regional board finds is technologically and economically achievable. No provision of this section shall be taken to allow a concentration limit greater than background, for a constituent of concern, to exceed the maximum concentration that would be allowed under other applicable statutes or regulations (e.g., Maximum Concentration Limits established under the federal Safe Drinking Water Act [P.L.93-523, codified as chapter XII of the Public Health Service Act at 42 USC 300f, et. seq.; regulations establishing MCL's are located in 40 CFR Part 141, Subpart B], etc.).
(f) For ground water, in evaluating risk pursuant to subsection (d) of this section to any biological receptor, the risk shall be evaluated as if exposure would occur at the point of compliance.
(g) Proposals for concentration limits greater than background shall include a demonstration that the aggregate of hazardous constituents in the environment will not result in excessive exposure to a sensitive biological receptor. In the absence of scientifically valid data to the contrary, theoretical risks from chemicals associated with the release from the waste management unit shall be considered additive across all media of exposure, and shall be considered additive for all chemicals having similar toxicological effects or having carcinogenic effects.
(h) A concentration limit greater than background may only be applied during corrective action, or during detection monitoring following corrective action, at monitoring points at which statistically significant evidence of the release has been determined.
(i) When a detection monitoring program incorporating a concentration limit greater than background is reinstated after a corrective action program has been terminated, each concentration limit greater than background shall be re-evaluated during each review of waste discharge requirements or at least every five years. If the regional board, upon re-evaluation, determines that the concentration of a constituent of concern in ground water, surface water, or the unsaturated zone is lower than its associated concentration limit by a statistically significant amount, the concentration limit for that constituent shall be lowered to reflect current water quality.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. New first paragraph and amendment of subsection (a) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.5. Monitoring Points and the Point of Compliance.
Note • History
(a) For each Class I waste management unit, the regional board shall specify in the waste discharge requirements the point of compliance at which the water quality protection standard of section 2550.2 of this article applies. The point of compliance is a vertical surface located at the hydraulically downgradient limit of the waste management unit that extends through the uppermost aquifer underlying the unit. For each Class I waste management unit, the regional board shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 2550.7 of this article at which the water quality protection standard under section 2550.2 of this article applies and at which monitoring shall be conducted.
(b) If the facility contains contiguous waste management units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the point of compliance may be located at the hydraulically downgradient limit of an area described by an imaginary line along the outer boundary of the contiguous waste management units. This provision only applies to contiguous waste management units that have operated or have received all permits necessary for construction and operation before 7-1-91.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (a) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
(a) The regional board shall specify in waste discharge requirements a compliance period for each Class I waste management unit. The compliance period is the number of years equal to the active life of the waste management unit (including any waste management activity prior to the adoption of the waste discharge requirements) plus the closure period. The compliance period is the minimum period of time during which the discharger shall conduct a water quality monitoring program subsequent to a release from the unit.
(b) The compliance period begins anew each time the discharger initiates an evaluation monitoring program meeting the requirements of section 2550.9 of this article.
(c) If the discharger is engaged in a corrective action program at the scheduled end of the compliance period specified under subsection (a) of this section, the compliance period shall be extended until the discharger can demonstrate that the waste management unit has been in continuous compliance with its water quality protection standard of section 2550.2 of this article for a period of three consecutive years.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (a) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.7. General Water Quality Monitoring and System Requirements.
Note • History
(a) The discharger shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 2550.8, 2550.9, or 2550.10 of this article.
(b) Ground Water Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the discharger shall establish a ground water monitoring system for each waste management unit. This ground water monitoring system shall include:
(A) for all monitoring and response programs, a sufficient number of background monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water that has not been affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the point of compliance and to allow for the detection of a release from the waste management unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield ground water samples from the uppermost aquifer to provide the best assurance of the earliest possible detection of a release from the waste management unit;
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to subsections (b)(1)(B)1. and (b)(1)(B)2. of this section to provide the best assurance of the earliest possible detection of a release from the waste management unit;
4. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the best assurance of the earliest possible detection of a release from the waste management unit; and
5. monitoring point locations and depths that include the zone(s) of highest hydraulic conductivity in each ground water body monitored pursuant to this subsection.
(C) for an evaluation monitoring program under section 2550.9 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the point of compliance and at other locations in the uppermost aquifer to provide the data needed to evaluate changes in water quality due to the release from the waste management unit;
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to subsection (b)(1)(C)1. of this section to provide the data needed to evaluate changes in water quality due to the release from the waste management unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the data needed to evaluate changes in water quality due to the release from the waste management unit; and
(D) for a corrective action program under section 2550.10 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that represent the quality of ground water passing the point of compliance and at other locations in the uppermost aquifer to provide the data needed to evaluate the effectiveness of the corrective action program;
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from portions of the zone of saturation, including other aquifers, not monitored pursuant to subsection(b)(1)(D)1. of this section to provide the data needed to evaluate the effectiveness of the corrective action program; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield ground water samples from zones of perched water to provide the data needed to evaluate the effectiveness of the corrective action program.
(2) The ground water monitoring system may include background monitoring points that are not hydraulically upgradient of the waste management unit if the discharger demonstrates to the satisfaction of the regional board that sampling at other monitoring points will provide samples that are representative of the background quality of ground water or are more representative than those provided by the upgradient monitoring points.
(3) Copies of drillers' logs which the Department of Water Resources requires to be submitted pursuant to section 13751 of the California Water Code shall be submitted to the regional board.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative ground water samples.
(6) For each monitoring well, the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the ground surface, entry of contaminants from the unsaturated zone, cross contamination between portions of the zone of saturation, and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative ground water samples.
(c) Surface Water Monitoring Systems.
(1) The discharger shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the waste management unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body that represent the quality of surface water that has not been affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the best assurance of the earliest possible detection of a release from the waste management unit;
(C) for an evaluation monitoring program under section 2550.9 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data to evaluate changes in water quality due to the release from the waste management unit; and
(D) for a corrective action program under section 2550.10 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the discharger shall establish an unsaturated zone monitoring system for each waste management unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the waste management unit;
(C) for an evaluation monitoring program under section 2550.9 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the data to evaluate changes in water quality due to the release from the waste management unit; and
(D) for a corrective action program under section 2550.10 of this article, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the data to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(3) Background monitoring points shall be installed at a background plot having soil characteristics similar to those of the soil underlying the waste management unit.
(4) Liquid recovery types of unsaturated zone monitoring (e.g., the use of lysimeters) are required unless the discharger demonstrates to the satisfaction of the regional board that such methods of unsaturated zone monitoring cannot provide an indication of a release from the waste management unit. The regional board shall require complimentary or alternative (non-liquid recovery) types of unsaturated zone monitoring to provide the best assurance of the earliest possible detection of a release from the waste management unit.
(5) Unsaturated zone monitoring is required at all new waste management units unless the discharger demonstrates to the satisfaction of the regional board that there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existent at that waste management unit. For a waste management unit that has operated or has received all permits necessary for construction and operation before 7-1-91, unsaturated zone monitoring is required unless the discharger demonstrates to the satisfaction of the regional board that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existent at that waste management unit or that installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures.
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer.
(2) All monitoring wells and all other borings drilled to satisfy the requirements of this article shall be logged during drilling under the direct supervision of a registered geologist. These logs shall be submitted to the regional board upon completion of drilling.
(A) Soil shall be described in the geologic log according to the Unified Soil Classification System as presented in Geotechnical Branch Training Manuals No. 4, 5, and 6, published by the United States Bureau of Reclamation in January of 1986 (available from Bureau of Reclamation, Engineering and Research Center, Attention: Code D-7923-A, P.O. Box 25007, Denver, Colorado 80225).
(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation.
(C) Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log.
(3) If a facility contains contiguous waste management units, separate ground water monitoring systems are not required for each such unit if the discharger demonstrates to the satisfaction of the regional board that the water quality monitoring program for each unit will enable the earliest possible detection and measurement of a release from that unit.
(4) The water quality monitoring program shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all monitoring points and background monitoring points. At a minimum, the program shall include a detailed description of the procedures and techniques for:
(A) sample collection (e.g., purging techniques, sampling equipment, and decontamination of sampling equipment);
(B) sample preservation and shipment;
(C) analytical procedures; and
(D) chain of custody control.
(5) The water quality monitoring program shall include appropriate sampling and analytical methods for ground water, surface water, and the unsaturated zone that accurately measure the concentration of each constituent of concern and the concentration or value of each monitoring parameter.
(6) For each waste management unit, the discharger shall collect all data necessary for selecting the appropriate statistical methods pursuant to subsections (e)(7), (e)(8), and (e)(9) of this section and for establishing the background values specified pursuant to subsection (e)(11) of this section. At a minimum, this data shall include analytical data obtained during quarterly sampling of all background monitoring points for a period of one year, including the times of expected highest and lowest annual elevations of the ground water surface. For a new waste management unit, this data shall be collected before wastes are discharged at the unit and background soil-pore liquid data shall be collected from beneath the unit before the unit is constructed.
(7) Based on data collected pursuant to subsection (e)(6) of this section, the discharger shall propose one of the statistical methods specified in subsection (e)(8) of this section for each constituent of concern and for each monitoring parameter. These methods, upon approval by the regional board, shall be specified in the waste discharge requirements and shall be used in evaluating water quality monitoring data. The specifications for each statistical method shall include a detailed description of the criteria to be used for determining statistically significant evidence of any release from the waste management unit and for determining compliance with the water quality protection standard. Each statistical test specified for a particular constituent of concern or monitoring parameter shall be conducted separately for that constituent of concern or monitoring parameter at each monitoring point. Where practical quantitation limits are used in any of the following statistical methods to comply with subsection (e)(9)(E) of this section, the practical quantitation limit shall be proposed by the discharger for approval by the regional board. The discharger shall demonstrate that use of the proposed statistical methods will comply with the performance standards outlined in subsection(e)(9) of this section.
(8) The discharger shall propose one of the following statistical methods:
(A) a parametric analysis of variance (ANOVA) followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the waste management unit. The method shall include estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent or parameter;
(B) an ANOVA based on ranks followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the waste management unit. The method shall include estimation and testing of the contrasts between each monitoring point's median and the background median values for each constituent of concern or monitoring parameter;
(C) a tolerance or prediction interval procedure in which an interval for each constituent of concern or monitoring parameter is established from the distribution of the background data, and the value for each constituent of concern or monitoring parameter at each monitoring point is compared to the upper tolerance or prediction limit;
(D) a control chart approach that gives control limits for each constituent of concern or monitoring parameter; or
(E) any statistical test method submitted by the discharger for approval by the regional board including, but not limited to, any statistical method which includes a procedure to verify that there is statistically significant evidence of a release from the waste management unit. If the statistical test method includes a verification procedure, this procedure shall include either a single “composite” retest (i.e., a statistical analysis that augments and reanalyzes the data from the monitoring point that indicated a release) or shall consist of at least two “discrete” retests (i.e., statistical analyses each of which analyzes only newly-acquired data from the monitoring point that indicated a release). The verification procedure shall comply with the following requirements in addition to the statistical performance standards under subsection (e)(9) of this section:
1. if the verification procedure consists of discrete retests, rejection of the null hypothesis for any one of the retests shall be considered confirmation of significant evidence of a release;
2. the number of additional samples collected and analyzed for use in the verification procedure shall be appropriate for the form of statistical test specified in the waste discharge requirements for that constituent of concern or monitoring parameter pursuant to subsection (e)(7) of this section. The number of additional samples shall be greater than or equal to the number of samples specified in the waste discharge requirements for that constituent or parameter pursuant to subsection (e)(12)(A) of this section;
3. if resampling at the interval identified for use in the initial statistical test pursuant to subsection (e)(12)(B) of this section would cause the entire resampling effort to take longer than 30 days, the sampling interval for use in the verification procedure shall be reduced to ensure that all samples are collected and submitted for laboratory analysis within 30 calendar days from the time that the discharger determines statistically significant evidence of a release pursuant to subsection 2550.8(g) or (i) of this article;
4. for a verification procedure containing a composite retest, the statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling event. For a verification procedure containing discrete retests, each retest shall analyze data obtained during its respective resampling event(s) and no data shall be shared between retests;
5. the Type I error for statistical methods employing a retest procedure shall be as follows:
a. for a verification procedure containing a composite retest, the statistical test method used shall be the same as the method used in the initial statistical comparison, except that the statistical test used in the verification procedure shall be conducted at a Type I error rate of no less than 0.05 for both the experiment-wise analysis (if any) and the individual monitoring point comparisons. Therefore, if a control chart approach is used to evaluate water quality monitoring data, the upper limit on an X-Bar or R-Chart must be set at no more than 1.645 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 1.96 standard deviations of the statistic plotted for a two-sided statistical comparison;
b. For a verification procedure containing discrete retests, the statistical test method used shall be the same as the method used in the initial statistical comparison. Notwithstanding any provision of subsection (e)(9) of this section, the critical value for the tests shall be chosen so that the Type I error rate for all individual monitoring point comparisons is the same, whether for an initial test or for a retest, and is equal-to-or-greater-than either
Embedded Graphic 23.0058
whichever is larger, where: M = the number of monitoring parameters; W = the number of monitoring points at the waste management unit; S = the number of times that suites of monitoring data from the waste management unit are subjected to initial statistical analysis within a period of six months (i.e., S > 1); and R = the number of discrete retests that are to be conducted at a monitoring point whose initial statistical analysis for a given constituent of concern or monitoring parameter has indicated the presence of a release (i.e., R > 2);
6. the discharger shall report to the regional board by certified mail the results of both the initial statistical test and the results of the verification procedure, as well as all concentration data collected for use in these tests within seven days of the last laboratory analysis of the samples collected for the verification procedure; and
7. the verification procedure shall only be performed for the constituent(s) which has shown statistically significant evidence of a release, and shall be performed for those monitoring points at which a release is indicated.
(9) Each statistical method chosen under subsection 2550.7(e)(7) of this article for specification in the waste discharge requirements shall comply with the following performance standards for each six-month period:
(A) the statistical method used to evaluate water quality monitoring data shall be appropriate for the distribution of the constituent of concern or monitoring parameter to which it is applied and shall be the least likely of the appropriate methods to fail to identify a release from the waste management unit. If the distribution of a constituent of concern or monitoring parameter is shown by the discharger to be inappropriate for a normal theory test, then the data shall be either transformed so that the distribution of the transformed data is appropriate for a normal theory test or a distribution-free theory test shall be used. If the distributions for the constituents of concern or monitoring parameters differ, more than one statistical method may be needed;
(B) if an individual monitoring point comparison procedure is used to compare an individual monitoring point constituent concentration or monitoring parameter value with a concentration limit in the water quality protection standard or with a background monitoring parameter value, the test shall be done at a Type I error rate no less than 0.01. If a multiple comparisons procedure is used, the Type I experiment-wise error rate shall be no less than 0.05; however, a Type I error rate of no less than 0.01 for individual monitoring point comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts;
(C) if a control chart approach is used to evaluate water quality monitoring data, the specific type of control chart and its associated statistical parameter values (e.g., the upper control limit) shall be proposed by the discharger and submitted for approval by the regional board. The regional board may approve the procedure only if it finds the procedure to be protective of human health and the environment. Any control charting procedure must have a false-positive rate of no less than 1 percent for each monitoring point charted (e.g., upper control limits on X-bar or R-Charts used only once every six months must be set at no more than 2.327 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 2.576 standard deviations of the statistic plotted for a two-sided statistical comparison);
(D) if a tolerance interval or a prediction interval is used to evaluate water quality monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be proposed by the discharger and submitted for approval by the regional board. The regional board may approve the parameters only if it finds these statistical parameters to be protective of human health and the environment. These statistical parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each constituent of concern or monitoring parameter. The coverage of any tolerance interval used shall be no more than 95 percent and the confidence coefficient shall be no more than 95 percent for a six-month period. Prediction intervals shall be constructed with an experiment-wise error rate of no less than 5 percent and an individual monitoring point error rate of no less than 1 percent;
(E) the statistical method shall account for data below the practical quantitation limit with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit approved by the regional board pursuant to subsection (e)(7) of this section that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the waste discharge requirements for routine laboratory operating conditions that are available to the facility. The regional board shall consider the practical quantitation limits listed in Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) for guidance when specifying limits of precision and accuracy in the waste discharge requirements;
(F) if necessary, the statistical methods shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data; and
(G) any quality control procedure that is approved by the regional board for application to water quality data from downgradient monitoring points for a monitored medium shall also be applied to all newly-acquired background data from that medium. Any newly-acquired background monitoring datum that is rejected by an approved quality control procedure shall be maintained in the facility record but shall be excluded from use in statistical comparisons with downgradient water quality data.
(10) Based on the data collected pursuant to subsection (e)(6) of this section and the statistical methods proposed under subsection (e)(7) of this section, the discharger shall propose and justify the use of a procedure for determining a background value for each constituent of concern and for each monitoring parameter specified in the waste discharge requirements. These procedures shall be proposed for ground water, surface water, and the unsaturated zone. The discharger shall propose one of the following for approval by the regional board:
(A) a procedure for determining a background value for each constituent or parameter that does not display appreciable variation; or
(B) a procedure for establishing and updating a background value for a constituent or parameter to reflect changes in the background water quality if the use of contemporaneous or pooled data provides the greatest power to the statistical method for that constituent or parameter.
(11) Upon approval of the procedures for determining background values, proposed pursuant to subsection (e)(10) of this section, the regional board shall specify in the waste discharge requirements one of the following for each constituent of concern and for each monitoring parameter:
(A) a background value established by the discharger using the procedure proposed pursuant to subsection (e)(10)(A) of this section; or
(B) a detailed description of the procedure to be used by the discharger for establishing and updating a background value as proposed pursuant to subsection (e)(10)(B) of this section.
(12) For each constituent of concern and monitoring parameter listed in the waste discharge requirements, the discharger shall propose, for approval by the regional board, the sampling methods to be used to establish background values and the sampling methods to be used for monitoring pursuant to this article. Upon approval by the regional board, sampling methods consistent with the following shall be specified in waste discharge requirements:
(A) the number and kinds of samples collected shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that:
1. for a detection monitoring program, a release from the waste management unit will be detected;
2. for an evaluation monitoring program, changes in water quality due to a release from the waste management unit will be recognized; and
3. for a corrective action program, compliance with the water quality protection standard and effectiveness of the corrective action program will be determined; and
(B) the sampling method (including the sampling frequency and the interval of time between successive samples) shall be appropriate for the medium from which samples are taken (e.g., ground water, surface water, and soil-pore liquid). For ground water, sampling shall be scheduled to include the times of expected highest and lowest elevations of the potentiometric surface. The sampling method shall assure, to the greatest extent possible, that independent samples are obtained. In addition to any pre-sampling purge prescribed in the sampling and analysis plan, ground water monitoring wells shall be purged immediately after sampling is completed in order to remove all residual water that was in the well bore during the sampling event so as to assure the independence of samples from successive sampling events. The volume of well water to be withdrawn from the well bore for the post-sampling purge shall be determined by the same method used to determine adequate pre-sampling purging. The sampling method selected shall include either:
1. a sequence of at least four samples collected at least semi-annually from each monitoring point and background monitoring point and statistical analysis carried out at least semi-annually. The regional board shall require more frequent sampling and statistical analysis where necessary to protect human health or the environment; or
2. not less than one sample collected quarterly from each monitoring point and background monitoring point and statistical analysis performed at least quarterly.
(13) The ground water portion of the monitoring program shall include an accurate determination of the ground water surface elevation and field parameters (temperature, electrical conductivity, turbidity, and pH) at each well each time ground water is sampled.
(14) The discharger shall graph all analytical data from each monitoring point and background monitoring point and shall submit these graphs to the regional board at least once annually, except that graphs are not required for constituents for which no new data has been collected since the previous graph submittal. Graphs shall be at a scale appropriate to show trends or variations in water quality. All graphs for a given constituent shall be plotted at the same scale to facilitate visual comparison of monitoring data. Unless the discharger receives written approval from the regional board to use an alternate procedure that more effectively illustrates trends or variations in the data, each graph shall represent data from one monitoring point or background monitoring point and one constituent of concern or monitoring parameter.
(15) In addition to the water quality sampling conducted pursuant to the requirements of this article, the discharger shall measure the water level in each well and determine ground water flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional portions of the zone of saturation monitored pursuant to subsection (b)(1) of this section at least quarterly, including the times of expected highest and lowest elevations of the water levels in the wells.
(16) Water quality monitoring data collected in accordance with this article, including actual values of constituents and parameters, shall be maintained in the facility operating record. The regional board shall specify in the waste discharge requirements when the data shall be submitted for review.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§2550.8. Detection Monitoring Program.
Note • History
(a) A discharger required, pursuant to section 2550.1 of this article, to establish a detection monitoring program for a waste management unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The discharger shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 2550.7 of this article.
(c) The discharger shall establish a background value pursuant to subsection 2550.7(e)(11) of this article for each monitoring parameter specified pursuant to subsection (e) of this section and for each constituent of concern under section 2550.3 of this article.
(d) The regional board shall specify the water quality protection standard under section 2550.2 of this article in the waste discharge requirements.
(e) The discharger shall propose for approval by the regional board a list of monitoring parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to section 2550.7 of this article. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents, and reaction products that provide a reliable indication of a release from the waste management unit to that medium. The regional board shall specify each list of monitoring parameters in the waste discharge requirements after considering the following factors:
(1) the types, quantities, and concentrations of constituents in wastes managed at the waste management unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 2550.3 of this article;
(3) the mobility, stability, and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents, and reaction products; and
(5) the background values and the coefficients of variation of proposed monitoring parameters in ground water, surface water, and the unsaturated zone.
(f) The discharger shall monitor for the monitoring parameters listed in the waste discharge requirements pursuant to subsection (e) of this section. The regional board shall specify the frequencies for collecting samples and conducting statistical analyses, pursuant to subsection 2550.7(e)(12) of this article.
(g) In addition to monitoring for the monitoring parameters specified pursuant to subsection (e) of this section, the discharger shall periodically monitor for all constituents of concern specified in the waste discharge requirements and determine whether there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to subsection 2550.7(e)(7) of this article. The regional board shall specify in waste discharge requirements the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(h) The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance pursuant to subsections (g) and (i) of this section.
(i) For each monitoring point, the discharger shall determine whether there is statistically significant evidence of a release from the waste management unit for any monitoring parameter specified in the waste discharge requirements pursuant to subsection (e) of this section at a frequency specified pursuant to subsection (f) of this section.
(1) In determining whether statistically significant evidence of a release from the waste management unit exists, the discharger shall use the method(s) specified in the waste discharge requirements pursuant to subsection 2550.7(e)(7) of this article. This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The discharger shall determine whether there is statistically significant evidence of a release from the waste management unit at each monitoring point within a reasonable period of time after completion of sampling. The regional board shall specify in the waste discharge requirements what period of time is reasonable after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the regional board from making an independent finding that there is statistically significant evidence of a release from the waste management unit. If the regional board makes such a finding, the discharger shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the waste management unit.
(j) If the discharger determines pursuant to subsection (g) or (i) of this section that there is evidence of a release from the waste management unit, the discharger:
(1) shall immediately notify regional board staff verbally of the finding and shall provide written notification by certified mail within seven days of such determination. The notification shall, for each affected monitoring point, identify the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the waste management unit; and
(2) may immediately initiate the verification procedure pre-approved by the regional board, pursuant to subsection 2550.7(e)(8)(E) of this article, to verify that there is statistically significant evidence of a release from the waste management unit for a parameter or constituent which has indicated a release at a monitoring point.
(k) If a verification procedure, performed pursuant to subsection (j)(2) of this section, confirms that there is statistically significant evidence of a release from the waste management unit or if the discharger does not resample the discharger shall perform the following:
(1) immediately sample all monitoring points in the affected medium at that waste management unit and determine the concentration of all constituents of concern;
(2) immediately sample all monitoring points for that waste management unit in the affected medium (ground water, surface water, or the unsaturated zone) and determine whether constituents in the list of Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) are present, and if so, in what concentration(s);
(3) for any Appendix IX constituents found at a monitoring point pursuant to subsection (k)(2) of this section, that are not found in comparable concentrations to those exhibited at the background monitoring points for that waste management unit and that are not specified in the list of constituents of concern for that unit, the discharger may resample within one month and repeat the analysis for those constituents. Any constituent detected in both analyses shall be added to the list of constituents of concern specified in the waste discharge requirements for evaluation monitoring. If the discharger does not resample for the constituents found pursuant to subsection (k)(2) of this section, each constituent found during the initial analysis shall be added to the list of constituents of concern specified in the waste discharge requirements for evaluation monitoring unless the discharger can demonstrate to the satisfaction of the regional board that the concentration at which the constituent is found at the monitoring point is comparable to the concentration it exhibits at the background monitoring points for that unit;
(4) for each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the discharger shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriate statistical procedure pursuant to subsection 2550.7(e)(6) of this article;
(B) propose an appropriate statistical procedure pursuant to subsection 2550.7(e)(7) of this article;
(C) propose a procedure to establish the background concentration for that constituent pursuant to subsection 2550.7(e)(10) of this article; and
(D) establish the background concentration pursuant to subsection 2550.7(e)(11) of this article;
(5) within 90 days of determining statistically significant evidence of a release, submit to the regional board an amended report of waste discharge to establish an evaluation monitoring program meeting the provisions of section 2550.9 of this article. The report shall include the following information:
(A) the maximum concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for that unit in the affected medium (ground water, surface water, or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the waste management unit necessary to meet the provisions of section 2550.9 of this article;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods, or statistical methods used at the waste management unit necessary to meet the provisions of section 2550.9 of this article; and
(D) a detailed description of the measures to be taken by the discharger to assess the nature and extent of the release from the waste management unit;
(6) within 180 days of determining statistically evidence of a release, submit to the regional board an engineering feasibility study for a corrective action program necessary to meet the requirements of section 2550.10 of this article. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern; and
(7) if the discharger determines, pursuant to subsections (g) or (i) of this section, that there is statistically significant evidence of a release from the waste management unit at any monitoring point, the discharger may demonstrate that a source other than the waste management unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis, or statistical evaluation or by natural variation in the ground water, surface water, or the unsaturated zone. The discharger may make a demonstration pursuant to this subsection in addition to or in lieu of submitting both an amended report of waste discharge pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the discharger is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made pursuant to this subsection successfully shows that a source other than the waste management unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone. In making a demonstration pursuant to this subsection, the discharger shall:
(A) within seven days of determining statistically significant evidence of a release, notify the regional board by certified mail that the discharger intends to make a demonstration pursuant to this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the regional board that demonstrates that a source other than the waste management unit caused the evidence, or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the regional board an amended report of waste discharge to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established pursuant to this section.
(l) If the discharger determines that there is significant physical evidence of a release as described in subsection 2550.1(a)(3) of this article or that the detection monitoring program does not satisfy the requirements of this section, the discharger shall:
(1) notify the regional board by certified mail within 7 days of such determination; and
(2) within 90 days of such determination, submit an amended report of waste discharge to make any appropriate changes to the program.
(m) Any time the regional board determines that the detection monitoring program does not satisfy the requirements of this section the regional board shall send written notification of such determination to the discharger by certified mail, return receipt requested; the discharger shall, within 90 days after receipt of such notification by the regional board, submit an amended report of waste discharge to make any appropriate changes to the program.
(n) For any Class I waste management unit for which a detection monitoring program is established after the successful completion of a corrective action program pursuant to subsection 2550.10(g) of this article:
(1) the regional board shall include in the list of monitoring parameters for each medium (ground water, surface water, and the unsaturated zone) all hazardous constituents that have been detected in that medium due to a release from that waste management unit; and
(2) the discharger shall analyze samples from all ground water monitoring points at the point of compliance for that waste management unit and determine the concentration of each constituent contained in Appendix IX at least annually during any remaining years of the compliance period. If the discharger finds either an Appendix IX constituent at a concentration above the concentration limit established in the waste discharge requirements for that constituent or one that is not already identified in the waste discharge requirements as a monitoring parameter, the discharger may resample within one month of the original sample and repeat the analysis for those constituents . If the discharger does not resample or if the resampling confirms that the concentration limit for a constituent has been exceeded or that a new constituent is present:
(A) the discharger shall report the concentration of these constituents to the regional board within seven days of the latest analysis;
(B) the regional board shall add each such constituent to the list of monitoring parameters that are specified in the waste discharge requirements for ground water, unless the discharger demonstrates to the satisfaction of the regional board that the concentration of that constituent at the monitoring point is comparable to the concentration it exhibits at the background monitoring points for that unit; and
(C) if a constituent is added to the list of monitoring parameters, pursuant to subsection (n)(2)(B) of this section, the discharger shall immediately collect samples and conduct statistical tests for each monitoring parameter to determine whether there is statistically significant evidence of a release from the unit.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263 and 13267, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsections (k)(2)-(k)(4) and (k)(5)(A) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.9. Evaluation Monitoring Program.
Note • History
(a) A discharger required pursuant to section 2550.1 of this article to establish an evaluation monitoring program for a waste management unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the waste management unit and to design a corrective action program meeting the requirements of section 2550.10 of this article.
(b) The discharger shall collect and analyze all data necessary to assess the nature and extent of the release from the waste management unit. This assessment shall include a determination of the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The discharger shall complete and submit this assessment within 90 days of establishing an evaluation monitoring program.
(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the discharger shall update the engineering feasibility study for corrective action required pursuant to subsection 2550.8(k)(6) of this article. The discharger shall submit this engineering feasibility study to the regional board within 90 days of establishing an evaluation monitoring program.
(d) Based on the data collected pursuant subsection (b) of this section and on the engineering feasibility study submitted pursuant to Subsection (c) of this section, the discharger shall submit an amended report of waste discharge to establish a corrective action program meeting the requirements of section 2550.10 of this article. The discharger shall submit this report to the regional board within 90 days of establishing an evaluation monitoring program. This report shall at a minimum include the following information:
(1) a detailed assessment of the nature and extent of the release from the waste management unit;
(2) a proposed water quality protection standard, including any proposed concentration limits greater than background under section 2550.4 of this article, and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.
(e) In conjunction with the assessment conducted pursuant to subsection (b) of this section, and while awaiting final approval of the amended report of waste discharge, submitted pursuant to subsection (d) of this section, the discharger shall monitor ground water, surface water, and the unsaturated zone to evaluate changes in water quality resulting from the release from the waste management unit. In conducting this monitoring, the discharger shall comply with the following requirements:
(1) the discharger shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 2550.7 of this article. These water quality monitoring systems may include all or part of existing monitoring systems;
(2) the discharger shall propose for approval by the regional board a list of monitoring parameters for each medium (ground water, surface water, and the unsaturated zone) to be monitored pursuant to section 2550.7 of this article. The list for each medium shall include all hazardous constituents that have been detected in that medium and those physical parameters, waste constituents, and reaction products that provide a reliable indication of changes in water quality resulting from any release from the waste management unit to that medium. The regional board shall specify each list of monitoring parameters in the waste discharge requirements after considering the following factors:
(A) the types, quantities, and concentrations of constituents in wastes managed at the waste management unit;
(B) information that demonstrates, to the satisfaction of the regional board, a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;
(C) the mobility, stability, and persistence of waste constituents or their reaction products;
(D) the detectability of physical parameters, waste constituents, and reaction products; and
(E) the background values and the coefficients of variation of proposed monitoring parameters in ground water, surface water, and the unsaturated zone;
(3) the discharger shall monitor for the monitoring parameters listed in the waste discharge requirements pursuant to subsection (e)(2) of this section. The regional board shall specify in the waste discharge requirements the frequencies for collecting samples and for conducting statistical analyses pursuant to subsection 2550.7(e)(12) of this article to evaluate changes in water quality due to the release from the waste management unit;
(4) in addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the discharger shall periodically monitor for all constituents of concern specified in the waste discharge requirements and evaluate changes in water quality due to the release from the waste management unit. The regional board shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern;
(5) the discharger shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with subsection 2550.7(e)(12) of this article. The discharger shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to a release from the waste management unit;
(6) the discharger shall analyze samples from all monitoring points in the affected medium for all constituents contained in Appendix IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regulations (Appendix IX) at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the discharger finds Appendix IX constituents in the ground water, surface water, or the unsaturated zone that are not already identified in the waste discharge requirements as constituents of concern, the discharger may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the discharger shall report the concentration of these additional constituents to the regional board by certified mail within seven days after the completion of the second analysis and the regional board shall add them to the list of constituents of concern specified in the waste discharge requirements unless the discharger demonstrates to the satisfaction of the regional board that the constituent is not reasonably expected to be in or derived from waste in the waste management unit. If the discharger does not resample, then the discharger shall report the concentrations of these additional constituents to the regional board by certified mail within seven days after completion of the initial analysis and the regional board shall add them to the list of constituents of concern specified in the waste discharge requirements unless the discharger demonstrates to the satisfaction of the regional board that the constituent is not reasonably expected to be in or derived from waste in the waste management unit; and
(7) while awaiting final approval of an amended report of waste discharge to establish a corrective action program, the discharger shall evaluate all water quality data obtained pursuant to subsection (e) of this section with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the discharger shall:
(A) notify the regional board by certified mail within 7 days of such determination; and
(B) within 90 days of such determination, submit for approval by the regional board any appropriate changes to the amended report of waste discharge.
(f) The discharger may demonstrate that a source other than the waste management unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis, or statistical evaluation, or by natural variation in ground water, surface water, or the unsaturated zone. Upon a successful demonstration the regional board shall specify that the discharger shall reinstitute a detection monitoring program meeting the requirements of section 2550.8 of this article. In making a demonstration under this subsection, the discharger shall:
(1) notify the regional board by certified mail that the discharger intends to make a demonstration pursuant to this subsection;
(2) submit a report to the regional board that demonstrates that a source other than the waste management unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis, or evaluation, or from natural variation in ground water, surface water, or the unsaturated zone;
(3) submit to the regional board an amended report of waste discharge to reinstitute a detection monitoring program for the unit. This report shall propose all appropriate changes to the monitoring program; and
(4) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section.
(g) The regional board shall require interim corrective action measures where necessary to protect human health or the environment.
(h) If the discharger determines that the evaluation monitoring program does not satisfy the requirements of this section, the discharger shall, within 90 days, submit an amended report of waste discharge to make any appropriate changes to the program.
(i) Any time the regional board determines that the evaluation monitoring program does not satisfy the requirements of this section, the regional board shall send written notification of such determination to the discharger by certified mail, return receipt requested. The discharger shall, within 90 days of such notification by the regional board, submit an amended report of waste discharge to make appropriate changes to the program.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (e)(6) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.10. Corrective Action Program.
Note • History
(a) A discharger required pursuant to section 2550.1 of this article to establish a corrective action program for a waste management unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The discharger shall take corrective action to remediate releases from the waste management unit and to ensure that the waste management unit achieves compliance with the water quality protection standard under section 2550.2 of this article. The regional board shall specify the water quality protection standard for corrective action in the waste discharge requirements.
(c) The discharger shall implement corrective action measures that ensure that constituents of concern achieve their respective concentration limits at all monitoring points and throughout the zone affected by the release, including any portions thereof that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The discharger shall take other action approved by the regional board to prevent noncompliance with those limits due to a continued or subsequent release from the waste management unit, including but not limited to, source control. The waste discharge requirements shall specify the specific measures that will be taken.
(d) In conjunction with the corrective action measures, the discharger shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for an evaluation monitoring program under section 2550.9 of this article, and shall be effective in determining compliance with the water quality protection standard under section 2550.2 of this article and in determining the success of the corrective action measures pursuant to subsection (c) of this section.
(e) Corrective action measures taken pursuant to this section shall be initiated and completed by the discharger within a period of time specified by the regional board in the waste discharge requirements.
(f) Corrective action measures taken pursuant to subsection (c) of this section may be terminated when the discharger demonstrates to the satisfaction of the regional board that the concentrations of all constituents of concern are reduced to levels below their respective concentration limits.
(g) After suspending the corrective action measures, pursuant to subsection (f) of this section, the waste management unit shall remain in the Corrective Action Program until an approved Detection Monitoring Program meeting the requirements of section 2550.8 of this article has been incorporated into waste discharge requirements and until the discharger demonstrates to the satisfaction of the regional board that the waste management unit is in compliance with the water quality protection standard. This demonstration shall be based on the following criteria and requirements:
(1) The concentration of each constituent of concern in each sample from each monitoring point in the Corrective Action Program for the waste management unit must have remained at or below its respective concentration limit during a proof period of at least one year, beginning immediately after the suspension of corrective action measures; and
(2) The individual sampling events for each monitoring point must have been evenly distributed throughout the proof period and have consisted of no less than eight sampling events per year per monitoring point.
(h) The discharger shall report, in writing, to the regional board on the effectiveness of the corrective action program. The discharger shall submit these reports at least semi-annually. More frequent reporting shall be required by the regional board as necessary to ensure the protection of human health or the environment.
(i) If the discharger determines that the corrective action program does not satisfy the provisions of this section, the discharger shall, within 90 days of making the determination, submit an amended report of waste discharge to make appropriate changes to the program.
(j) Any time the regional board determines that the corrective action program does not satisfy the requirements of this section, the discharger shall, within 90 days of receiving written notification of such determination by the regional board, submit an amended report of waste discharge to make appropriate changes to the program.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§2550.11. Unsaturated Zone Monitoring and Response Provisions for Class I Land Treatment Units.
Note • History
(a) A discharger required pursuant to the provisions of this article to conduct unsaturated zone monitoring at a land treatment unit shall comply with the unsaturated zone monitoring and response provisions of this section in conjunction with all other unsaturated zone monitoring and response provisions of this article.
(b) The discharger shall monitor the soil and soil-pore liquid to determine whether constituents of concern migrate out of the treatment zone.
(c) The regional board shall specify the monitoring parameters and constituents of concern to be monitored in the waste discharge requirements. The monitoring parameters to be monitored are those specified pursuant to subsection 2550.8(e) of this article for detection monitoring and subsection 2550.9(e)(2) of this article for evaluation monitoring. The constituents of concern to be monitored are those specified in the water quality protection standard specified for each monitoring and response program. The constituents of concern to be monitored shall include the constituents, including hazardous constituents, that must be degraded, transformed, or immobilized in the treatment zone of the land treatment unit.
(d) The regional board may require monitoring for principal hazardous constituents (PHCs) in lieu of the constituents specified under subsection (c) of this section. PHCs are hazardous constituents contained in the wastes to be applied at the unit that are the most difficult to treat considering the combined effects of degradation, transformation, and immobilization. The regional board may establish PHCs if the regional board finds based on waste analyses, treatment demonstrations, or other data that effective degradation, transformation, or immobilization of the PHCs will assure treatment at at least equivalent levels for the other hazardous constituents in the wastes.
(e) The discharger shall install an unsaturated zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using appropriate devices such as lysimeters capable of acquiring soil-pore liquid samples. The unsaturated zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) represent the quality of background soil-pore liquid quality and the chemical makeup of soil that has not been affected by a release from the treatment zone; and
(2) indicate the quality of soil-pore liquid and the chemical makeup of the soil below the treatment zone.
(f) The discharger shall establish a background value for each monitoring parameter and each constituent of concern to be monitored under subsection (c) of this section. The discharger shall propose, for approval by the regional board, the background values for each monitoring parameter and each constituent of concern or the procedures to be used to calculate the background values according to the provisions of subsection 2550.7(e)(10) of this article. The regional board shall specify the background values or procedures in waste discharge requirements according to subsection 2550.7(e)(11) of this article.
(g) Background soil values may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil values shall include data from sampling at the proposed plot for the unit.
(h) Background soil-pore liquid values shall be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone. For new land treatment units, background soil-pore liquid values shall include data from sampling at the proposed plot for the unit.
(i) The discharger shall express all background values in a form necessary for the determination of statistically significant increases pursuant to subsection (n) of this section.
(j) In taking samples used in the determination of all background values, the discharger shall use an unsaturated zone monitoring system that complies with subsection (e)(1) of this section.
(k) The discharger shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The regional board shall specify the frequency and timing of soil and soil-pore liquid monitoring in the waste discharge requirements after considering all other monitoring provisions of this article, the frequency, timing, and rate of waste application, the soil permeability, and the maximum anticipated rate of migration. The discharger shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases pursuant to subsection (n) of this section.
(l) The discharger shall propose, for approval by the regional board, consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical makeup of the soil below the treatment zone. At a minimum, the discharger shall implement the approved procedures and techniques for:
(1) sample collection;
(2) sample preservation and shipment;
(3) analytical procedures; and
(4) chain of custody control.
(m) The discharger shall determine whether there is a statistically significant increase below the treatment zone using a statistical method that provides reasonable confidence that migration from the treatment zone will be identified. The discharger shall propose each statistical method in accordance with the provisions of this subsection and pursuant to the provisions of subsection 2550.7(e)(7) of this article. The regional board shall specify each statistical method pursuant to subsection 2550.7(e)(7) of this article that the regional board finds:
(1) is appropriate for the distribution of the data used to establish background values; and
(2) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.
(n) The discharger shall determine whether there is a statistically significant change over background values for each monitoring parameter and each constituent of concern to be monitored below the treatment zone each time the discharger conducts soil monitoring and soil-pore liquid monitoring under subsection (k) of this section.
(o) In determining whether a statistically significant increase has occurred, the discharger shall compare the value of each parameter or constituent, as determined pursuant to subsection (n) of this section, to the background value for that parameter or constituent according to the statistical procedure specified in the waste discharge requirements pursuant to this section.
(p) The discharger shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The regional board shall specify this time period in the waste discharge requirements after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
(q) If the discharger determines pursuant to subsection (n) of this section, that there has been a statistically significant increase in the value of a hazardous constituent below the treatment zone the discharger shall:
(1) report to the regional board describing the full extent of the dischargers findings, including the identification of all constituents that have shown a statistically significant increase, within 72 hours of making such a determination; and
(2) submit written notification of this finding to the regional board within seven days of making such a determination.
(r) Upon receiving notice pursuant to subsection (q) of this section or upon the independent confirmation by the regional board, the regional board shall order the discharger to cease operating the land treatment unit. The discharger shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken:
(1) the discharger completes appropriate removal or remedial actions to the satisfaction of the regional board and the discharger submits to the regional board and the board approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or
(2) the discharger completes appropriate removal or remedial actions, submits to the regional board and the board approves, an amended report of waste discharge to modify the operating practices at the unit to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the provisions of sections 2542 and 2543 of Article 4 of this chapter.
(s) All actions taken by a discharger pursuant to subsections (r)(1) or (r)(2) of this section shall be completed within a time period specified by the regional board, which shall not exceed 18 months after the regional board receives notice pursuant to subsection (q)(1) of this section. If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the regional board due to exceptional circumstances beyond the control of the discharger.
(t) If the discharger determines pursuant to subsection (n) of this section that there is a statistically significant increase of hazardous constituents below the treatment zone, the discharger may demonstrate that the increase resulted from an error in sampling, analysis, or evaluation. While the discharger may make a demonstration pursuant to this subsection in addition to or in lieu of the requirements of subsection (r)(1) or (r)(2) of this section, the discharger is not relieved of the requirements of subsections (r) and (s) of this section unless the demonstration made pursuant to this subsection successfully shows that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration pursuant to this subsection, the discharger shall:
(1) notify the regional board of this finding in writing within seven days of determining a statistically significant increase beneath the treatment zone that the discharger intends to make a demonstration pursuant to this subsection;
(2) within 90 days of such determination, submit a report to the regional board demonstrating that the increase resulted from error in sampling, analysis, or evaluation;
(3) within 90 days of such determination, submit to the regional board an amended report of waste discharge to make any appropriate changes to the unsaturated zone monitoring program for the land treatment unit; and
(4) continue to monitor in accordance with the unsaturated zone monitoring program established pursuant to this section.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of section heading and subsections (d) and (r)(2) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2550.12. Corrective Action Where Hazardous Waste Has Been Discharged at Areas Other Than Waste Management Units.
Note • History
(a) A discharger seeking waste discharge requirements for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or hazardous constituents from any area at the facility other than a waste management unit regardless of the time waste was discharged at such an area.
(b) A program of corrective action required under subsection (a) of this section shall be incorporated into an enforcement order under Chapter 5, commencing with section 13300, of Division 7 of the Water Code, or into the waste discharge requirements and the program shall contain time schedules for implementation and completion of such corrective action. A discharger required to undertake corrective action under this section shall provide assurances of financial responsibility for completing such corrective action.
(c) The discharger shall implement corrective actions beyond the facility property boundary where necessary to protect human health or the environment.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13263, 13267 and 13304, Water Code.
HISTORY
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§2552. Water Quality Protection Standards.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§2555. General Ground Water Monitoring Requirements.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§2556. Detection Monitoring Program.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§2557. Verification Monitoring Program.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§2558. Corrective Action Program.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§2559. Unsaturated Zone Monitoring Program.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
Article 6. Confined Animal Facilities
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13140-13147, 13260 and 13263, Water Code.
HISTORY
1. Repealer of article 6 (sections 2560-2565) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13140-13174, 13172, 13243 and 13263, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2563. Use or Disposal Field Management.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2564. Management of Manured Areas.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13267, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 7. Mining Waste Management
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13260 and 13263, Water Code.
HISTORY
1. Repealer of article 7 (sections 2570-2574) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2571. Groups of Mining Waste.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer of section and Table 7.1 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2572. Mining Waste Management Unit Siting and Construction Standards.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226 and 13263, Water Code.
HISTORY
1. Repealer of section and Tables 7.2 and 7.3 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2573. Water Quality Monitoring for Mining Waste Management Units.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226, 13263 and 13267, Water Code.
HISTORY
1. Repealer of section and Figures 7.1 and 7.2 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2574. Closure and Post-Closure Maintenance of Mining Waste Management Units.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13226 and 13263, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 8. Closure and Post-Closure Maintenance
§2580. General Closure Requirements.
Note • History
(a) Partial or final closure of new and existing classified waste management units shall be in compliance with the provisions of this article. If a unit has been partially closed in accordance with an approved closure plan by the effective date of these regulations, the cover over the closed portion does not need to be modified to conform to these regulations, unless monitoring data indicate impairment of beneficial uses of ground water. Classified waste management units shall be closed according to an approved closure and post-closure maintenance plan which provides for continued compliance with the applicable standards for waste containment and precipitation and drainage controls in Article 4 of this chapter, and the monitoring program requirements in Article 5 of this chapter, throughout the closure and post-closure maintenance period. The post-closure maintenance period shall extend as long as the wastes pose a threat to water quality. For land treatment facilities, the postclosure maintenance period shall extend until treatment is complete.
(b) Closure shall be under the direct supervision of a registered civil engineer or a certified engineering geologist.
(c) [Reserved.]
(d) Closed waste management units shall be provided with at least two permanent monuments installed by a licensed land surveyor or a registered civil engineer, from which the location and elevation of wastes, containment structures, and monitoring facilities can be determined throughout the post-closure maintenance period.
(e) Vegetation for closed waste management units shall be selected to require minimum irrigation and maintenance, and shall not impair the integrity of containment structures including the final cover.
(f) The regional board shall require the discharger to establish an irrevocable closure fund or provide other means to ensure closure and post-closure maintenance of each classified waste management unit in accordance with an approved plan.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Amendment of subsection (a) and repealer of subsections (c)-(c)(4) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2581. Landfill Closure Requirements.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2582. Surface Impoundment Closure Requirements.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13260 and 13263, Water Code.
HISTORY
1. Change without regulatory effect of NOTE filed 4-6-88; operative 4-6-88 (Register 88, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2583. Waste Pile Closure Requirements.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2584. Land Treatment Facility Closure Requirements.
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13172, Water Code.
HISTORY
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 9. Compliance Procedures
§2590. Reporting Requirements for Waste Discharge to Land.
Note • History
(a) Any person discharging or proposing to discharge waste to land where water quality can be affected shall submit to the regional board a report of waste discharge, unless the report is waived by the regional board. This reporting requirement also applies to expansion of an existing waste management unit or development of new units at an existing site. Dischargers shall submit any applicable information required by this article to the regional board upon request. Dischargers shall be required to provide information on waste characteristics, geologic and climatologic characteristics of the unit and the surrounding region, installed features, operation plans for waste containment, precipitation and drainage controls, and closure and post-closure maintenance plans as set forth in Sections 2594 through 2597 of this article.
(1) The discharger may submit a copy of the application for a hazardous waste facility permit, including the closure and post-closure maintenance plan, under Sections 66264.112 (for fully-permitted Units) or 66265.112 (for interim status Units) of Title 22 of this code as a report of waste discharge, together with the applicable filing fee, provided that such application includes the information required in this article.
(2) [Reserved.]
(3) [Reserved.]
(4) The discharger shall notify the regional board of changes in information submitted under this chapter, including any material change in the types, quantities, or concentrations of wastes discharged; site operations and features; or proposed closure procedures, including changes in cost estimates. The discharger shall notify the regional board a reasonable time before the changes are made or become effective. No changes shall be made without regional board approval following authorization for closure pursuant to the site closure notice required by subsection (c)(5) of this section.
(b) Deadlines for Reporting.
(1) Dischargers who own or operate existing waste management units subject to this chapter for which waste discharge requirements were issued before the effective date of this chapter shall, within six months of the effective date of this section, submit a technical report to the regional board describing the measures necessary to bring their monitoring programs into compliance with Article 5 of this chapter, including a schedule for achieving compliance. The regional board shall modify waste discharge requirements accordingly.
(2) Dischargers who own or operate existing waste management units subject to this chapter for which waste discharge requirements were issued before the effective date of this chapter shall submit a report of waste discharge which complies with subsection (a) of this section to the regional board, together with the appropriate filing fee, on request. Any applicable information required by Sections 2594 through 2597 of this article which has been submitted to the regional board, or another state agency, may be incorporated by reference, provided that the report shall not be considered complete until referenced information is received or obtained by the regional board.
(3) Dischargers who own or operate existing waste management units subject to this chapter which have not been classified under previous regulations and for which the discharger has not submitted a report of waste discharge before the effective date of this chapter, shall submit a report of waste discharge to the appropriate regional board within 60 days of the effective date of this chapter as required by Subsection 2510(d) of this chapter. The report shall be in accordance with subsection (a) of this section.
(c) Notification:
(1) The discharger shall notify the regional board in writing of any proposed change of ownership or responsibility for construction, operation, closure, or post-closure maintenance of a waste management unit subject to this chapter. This notification shall be given prior to the effective date of the change and shall include a statement by the new discharger that construction, operation, closure, and post-closure maintenance will be in compliance with any existing waste discharge requirements and any revisions thereof. The regional board shall amend the existing waste discharge requirements to name the new discharger.
(2) The regional board shall be notified immediately of any slope failure occurring in a waste management unit subject to this chapter. Any failure which threatens the integrity of containment features or the waste management unit(s) subject to this chapter shall be promptly corrected after approval of the method and schedule by the regional board.
(3) The regional board shall be notified within seven days if fluid is detected in a previously dry leachate collection and removal system or unsaturated zone monitoring system, or if a progressive increase is detected in the volume of fluid in a leachate collection and removal system.
(4) The discharger shall comply with the notification requirements in Article 5 of this chapter.
(5) The owner or operator of a waste management unit shall notify the regional board of units to be closed at least 180 days prior to beginning any partial or final closure activities, provided that the regional board may specify a shorter interval for particular units in the waste discharge requirements for such units. The notice shall include a statement that all closure activities will conform to the most recently approved closure plan and that the plan provides for site closure in compliance with all applicable federal and state regulations.
(6) The owner or operator of a waste management unit shall notify the regional board within 30 days after the completion of any partial or final closure activities. The discharger shall certify under penalty of perjury that all closure activities were performed in accordance with the most recently approved closure plan and in accordance with all applicable regulations. The discharger shall certify that closed waste management units shall be maintained in accordance with an approved post-closure maintenance plan unless post-closure maintenance has been waived pursuant to subsection (a)(3) of this section.
(d) Any report submitted under this section or any amendment or revision thereto which might affect containment features or monitoring systems shall be approved by a registered civil engineer or a certified engineering geologist.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13267, Water Code.
HISTORY
1. Amendment of subsections (a) and (a)(1), repealer of subsections (a)(2) and (a)(3), and amendment of subsections (b)(1)-(b)(3), (c)(1), (c)(2) and (c)(4) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2591. Waste Discharge Requirements.
Note • History
(a) The regional board shall adopt waste discharge requirements that implement the applicable provisions of this chapter.
(b) The regional board shall revise waste discharge requirements as necessary to implement the provisions of this chapter.
(c) For waste management units subject to this chapter, classifications and waste discharge requirements for existing units shall be fully reviewed in accordance with schedules established by regional boards. In no instance shall such review be beyond five years of the effective date of this section. The waste discharge requirements shall be revised to incorporate reclassification and retrofitting requirements as provided in Subsections 2510(e) and 2540(b) of this chapter, as well as the revised monitoring program developed under Subsection 2590(b)(1) of this article. The regional board shall specify in waste discharge requirements the schedule for retrofitting of existing facilities. All retrofitting shall be complete within five years from the issuance of the revised waste discharge requirements.
(d) Waste discharge requirements for new waste management units or for expansion of existing units shall not be effective until the regional board is notified that all local agencies with jurisdiction to regulate land use, solid waste disposal, air pollution, and to protect public health have approved use of the site for discharges of waste to land.
(e) Appropriate classifications and waste discharge requirements for all waste management units in a single facility may be included in a single set of waste discharge requirements applicable to the facility as a whole and to each within the facility. Requirements relating to precipitation and drainage control systems for two or more adjacent waste management units may be consolidated provided that consolidated requirements reflect standards for the highest level of containment applicable to any waste management unit involved.
(f) The discharger shall be required to maintain legible records of the volume and type of each waste discharged at each waste management unit and the manner and location of discharge. Such records shall be on forms approved by the State Board and shall be maintained at the waste management facility until the beginning of the post-closure maintenance period. These records shall be available for review by representatives of the State Board and regional boards at any time during normal business hours. At the beginning of the post-closure maintenance period, copies of these records shall be sent to the regional board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172 and 13263, Water Code.
HISTORY
1. Amendment of subsections (a)-(c) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
(a) To ensure adequate public participation in regional board proceedings relating to land disposal of wastes, the following persons and entities shall receive individual notice of any public hearing or board meeting involving classification of waste management units or the issuance of waste discharge requirements for classified units:
(1) the discharger and responsible public agencies;
(2) news media serving the county as well as communities within five miles of the waste management unit;
(3) citizens groups representing local residents;
(4) environmental organizations in affected counties; and
(5) interested industrial organizations.
(b) Notice of hearings or meetings related to Class I waste management units or discharges of hazardous waste shall be given not less than 45 days before the meeting at which such actions will be taken, and copies of the agenda package shall be available not less than 30 days before the meeting, provided that enforcement actions involving releases of hazardous wastes may be taken at meetings which comply with the 10-day notice requirements of the California State Body Open Meetings Act and that emergency actions (as described in Subsection 647.2(d) of this Chapter) shall be exempt from public participation and notice requirements.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13302, Water Code.
HISTORY
1. Amendment of subsections (a)(1)-(a)(4) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2593. Mandatory Closure (Cease and Desist Orders).
Note
(a) If the regional board finds that early closure of a waste management unit is necessary to prevent violation of waste discharge requirements, it shall adopt a Cease and Desist Order pursuant to Section 13302 of the Water Code which requires closure according to an approved closure and post-closure maintenance plan.
(b) The discharger shall submit to the regional board a report including the closure and post-closure maintenance plan described in Section 2597 of this article, if such a plan was not submitted with the report of waste discharge; and a revised schedule for immediate termination of operations and closure.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13301 and 13304, Water Code.
Note • History
(a) Dischargers shall provide the following information in the report of waste discharge about the characteristics of wastes to be discharged at the waste management units subject to this chapter.
(1) A list of the types, quantities, and concentrations of wastes proposed to be discharged at each unit. Wastes and known waste constituents shall be specifically identified according to the most descriptive nomenclature. A listing for hazardous waste constituents shall include reference numbers for listings established by DHS or USEPA (e.g., Appendix IX to §66264 of Title 22 of this code).
(2) A description of proposed treatment, storage, and disposal methods.
(3) An analysis of projected waste decomposition processes for each waste management unit indicating intermediate and final decomposition products and the period during which decomposition will continue following discharge.
NOTE
Authority cited: Section 1058. Reference: Sections 13172, 13260 and 13267, Water Code.
HISTORY
1. Amendment of subsections (a)-(a)(1) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2595. Waste Management Unit Characteristics.
Note • History
(a) Dischargers shall provide in the report of waste discharge an analysis describing how the ground and surface water may affect the waste management unit and how the unit may affect ground and surface water. This information is used to determine the suitability of the unit with respect to ground water protection and avoidance of geologic hazards. It will also be used to demonstrate that the unit meets the classification criteria set forth in Article 3 of this chapter.
(b) Dischargers shall provide the following data on the physical characteristics of the waste management unit and the surrounding region in order to demonstrate suitability for the Class I classification. Information shall be presented in understandable written, tabular, and graphic format as appropriate, and shall be at a level of detail appropriate for the Class I Unit classification. Plans, diagrams, and other graphics shall be prepared to appropriate scale and each shall include a legend identifying the information presented. All sources of data shall be identified.
(c) If a report submitted by a discharger refers to another source, the relevant information from that source shall be restated in the report. If the source is not generally available, the relevant portion(s) of the source shall be included verbatim in the report as an appendix.
(d) Topography
(1) A map of the waste management unit and its surrounding region within one mile of the unit, showing elevation contours, natural ground slopes, drainage patterns, and other topographic features.
(2) Identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Emergency Management Administration (FEMA) flood map, if used, or the calculations and maps used where an FEMA map is not available. Information shall also be provided identifying the 100-year flood plain and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood. Owners and operators of facilities located in the 100-year floodplain shall provide the following information:
(A) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood.
(B) Structural or other engineering studies showing the design of waste management units and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout.
(e) Climatology--Dischargers shall calculate required climatologic values for Class I waste management units from measurements made at a nearby climatologically similar station. In addition to the required calculations for each unit, dischargers shall provide the source data from which such values were calculated, together with the name, location, and period of record of the measuring station.
(1) A map showing isohyetal contours for the proposed waste management unit and its surrounding region within ten miles, based on data provided by the National Weather Service or other recognized federal, state, local, or private agencies.
(2) Estimated maximum and minimum annual precipitation at the proposed waste management unit.
(3) Maximum expected 24-hour precipitation for storm conditions specified as design criteria for Class I waste management units, as prescribed in Table 4.1 of Article 4 of this chapter.
(4) Estimated mean, minimum, and maximum evaporation, with the months of occurrence of maximum and minimum evaporation, for the proposed waste management unit.
(5) Projected volume and pattern of runoff for the proposed waste management unit including peak stream discharges associated with the storm conditions specified as design criteria for a Class I Unit, as prescribed in Table 4.1 of Article 4 of this chapter.
(6) An estimated wind rose for the proposed waste management unit showing wind direction, velocity, and percentage of time for the indicated direction.
(f) Geology
(1) A geologic map and geologic cross-sections of the waste management unit showing lithology and structural features. Cross-sections shall be indexed to the geologic map and shall be located to best portray geologic features relevant to discharge operations.
(2) A description of natural geologic materials in the waste management unit and its surroundings, including identification of rock types, nature of alteration depth and nature of weathering, and all other pertinent lithologic data.
(3) A description of the geologic structure of the waste management unit, including the attitude of bedding (if any); thickness of beds (if any); the location, attitude, and condition (tight, open, clay- or gypsum-filled, etc.) of any fractures; the nature, type (anticlinal, synclinal, etc.), and orientation of any folds; the location, attitude, and nature (tight, gouge-filled, etc.) of any faults; and all other pertinent structural data.
(4) The results of a testing program for determination of physical and chemical properties of soils needed to formulate detailed site design criteria.
(5) A determination of the expected peak ground acceleration at the waste management unit associated with the maximum credible earthquake. The methodology used shall consider regional and local seismic conditions and faulting. Data and procedures shall be consistent with current practice and shall be based on an identified procedure or publication. The analyses shall include modifications to allow for site-specific surface and subsurface conditions. The peak ground acceleration so determined shall be the stability and factors of safety for all embankments, cut slopes, and associated landfills during the design life of the unit. The analysis shall include:
(A) the method use to calculate the factors of safety (e.g., Bishop's modified method of slices, Fellinius circle method, etc.);
(B) the name of any computer program used to determine the factors of safety; and
(C) a description of the various assumptions used in the stability analyses (height of fill, slope-and-bench configuration, etc.).
(6) Dischargers who own or operate new Class I waste management units and expansions of existing units shall demonstrate that no faults which have had displacement in Holocene time pass within 200 feet of units. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided shall be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted shall show that either:
(A) no faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:
1. published geologic studies,
2. aerial reconnaissance of the area within a 5-mile radius from the facility,
3. an analysis of aerial photographs covering a 3,000-foot radius of the facility, and
4. if needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or
(B) if faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where treatment, storage, or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found.
(g) Hydrology
(1) An evaluation of the water-bearing characteristics of the natural geologic materials identified under subsection (f)(2) of this section including determination of permeability, delineation of all ground water zones and basic data used to determine the above.
(2) An evaluation of the in place permeability of soils immediately underlying waste management unit. This evaluation shall include:
(A) permeability data, in tabular form, for selected locations within the unit;
(B) a map of the unit showing test locations where these permeability data were obtained; and
(C) an evaluation of the test procedures and rationale used to obtain these permeability data.
(3) An evaluation of the perennial direction(s) of ground water movement within the uppermost ground water zone(s) within one mile of the waste management facility perimeter.
(4) Estimates of the height to which water rises due to capillary forces above the uppermost ground water zone(s) beneath and within one mile of the waste management facility perimeter. These estimates shall include an evaluation of the methods and rationale used in their development.
(5) A map showing the location of all springs in the waste management facility and within one mile of its perimeter. The map shall be accompanied by tabular data indicating the flow and the mineral quality of the water from each spring.
(6) An evaluation, supported by water quality analyses, of the quality of water known to exist under or within one mile of the waste management facility perimeter including all data necessary to establish water quality protection standards.
(7) A tabulation of background water quality for all applicable indicator parameters and waste constituents.
(A) Background water quality for an indicator parameter or a waste constituent in ground water shall be based on data from quarterly sampling of wells upgradient from the waste management unit for one year. These analyses shall:
1. account for measurement errors in sampling and analysis; and
2. account for seasonal fluctuations in background water quality, if such fluctuations are expected to affect the concentration of the hazardous constituent.
(B) In an evaluation monitoring program, background water quality may be based on appropriate water quality data that are available before waste discharge requirements are issued in lieu of a one-year monitoring program.
(C) Background water quality of ground water may be based on sampling of wells that are not upgradient from the waste management unit where:
1. hydrogeologic conditions do not allow the determination of the upgradient direction; or
2. sampling at other wells will provide a representative indication of background water quality.
(D) In developing the data base used to determine a background value for each indicator parameter or waste constituent in ground water, the discharger shall take a minimum of one sample from each well used to determine background. A minimum of four samples shall be taken from the entire system used to determine background water quality, each time the system is sampled. Should there be only one background well, the four measurements per quarter shall be obtained by splitting the sample from the one well into four aliquots and conducting separate analyses for each aliquot.
(h) Land and water use
(1) A map showing the locations of all water wells, oil wells, and geothermal wells in the waste management unit or within one mile of its perimeter.
(2) Name and address of the owner of each well indicated in subsection (h) of this section.
(3) Well information, where available, for each water well indicated in subsection (h)(1) of this section including, but not limited to:
(A) total depth of well;
(B) diameter of casing at ground surface and at total depth;
(C) type of well construction (cable-tool, rotary, etc.);
(D) depth and type of perforations;
(E) name and address of well driller;
(F) year of well construction;
(G) use of well (agricultural, domestic, stock watering, etc.);
(H) depth and type of seals;
(I) lithologic, geophysical, and other types of well logs, if available; and
(J) water levels, pump tests, water quality, and other well data, if available.
(4) Current land use within one mile of the perimeter of the waste management unit, including:
(A) types of land use (e.g., residential, commercial, industrial, agricultural, recreational, etc.);
(B) types of crops;
(C) types of livestock; and
(D) number and location of dwelling units.
(5) Current and estimated future use of ground water within one mile of the perimeter of the waste management unit.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13172, 13260 and 13267, Water Code.
HISTORY
1. Amendment of subsections (a), (b), (d)(2), (e), (e)(3), (e)(5), (f)(5) and (f)(6)(A)4., repealer of subsection (f)(7), and amendment of subsection (g)(7)(B) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2596. Design Report and Operations Plan.
Note • History
(a) Design Report
(1) Dischargers who own or operate classified waste management units shall submit detailed preliminary and as-built plans, specifications, and descriptions for all liners, containment structures, leachate collection and removal system components, leak detection system components, precipitation and drainage control facilities, and interim covers which will be installed or used at each unit. Dischargers shall submit a description of and location data for ancillary facilities including roads, waste handling areas, buildings, and equipment cleaning facilities.
(2) Dischargers who submit information described in subsection (a)(1) of this section to DTSC pursuant to Sections 66264.112 (for fully-permitted Units) or 66265.112 (for interim status Units) of Title 22 of this code need not submit this information to the regional board as a separate submittal. A copy of all information described in subsection (a)(1) of this section submitted to DTSC shall also be submitted to the regional board.
(3) Dischargers shall submit detailed plans and equipment specifications for compliance with the ground water and unsaturated zone monitoring requirements of Article 5 of this chapter. Dischargers shall provide a technical report which includes rationale for the spatial distribution of ground water and unsaturated zone monitoring facilities, for the design of monitoring points, and for the selection of other monitoring equipment. This report shall be accompanied by:
(A) a map showing the locations of proposed monitoring facilities; and
(B) drawings and data showing construction details of proposed monitoring facilities. These data shall include:
1. casing and test hole diameter;
2. casing materials (PVC, stainless steel, etc.);
3. depth of each test hole;
4. size and position of perforations;
5. method of joining sections of casing;
6. nature of filter material;
7. depth and composition of seals; and
8. method and length of time of development; and
(C) specifications, drawings, and data for location and installation of unsaturated zone monitoring equipment.
(4) Dischargers shall submit proposed construction and inspection procedures to the regional board for approval.
(b) Operation Plans
(1) Dischargers shall submit operation plans describing the waste management unit operation which shall include:
(A) a description of proposed treatment, storage, and disposal methods;
(B) contingency plans for the failure or breakdown of waste handling facilities or containment systems, including notice of any such failure, or any detection of waste or leachate in monitoring facilities, to the regional board, local governments, and water users downgradient of waste management units; and
(C) description of inspection and maintenance programs which will be undertaken regularly during disposal operations and the post-closure maintenance period.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13360, Water Code.
HISTORY
1. Amendment of subsections (a)(2), (a)(3) and (a)(3)(B)7.-8. filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2597. Closure and Post-Closure Maintenance Plan.
Note • History
(a) The following information shall be included in the closure and post-closure maintenance plans:
(1) Projected schedule for partial and final closure.
(2) Description of proposed final treatment procedures which may be used for the wastes in each waste management unit, including methods for total removal and decontamination, if applicable. If alternative treatment or disposal procedures are under consideration for particular units or for the entire facility, a description of the alternatives is required.
(3) A topographic map, at appropriate scale, contour interval, and detail showing the boundaries of the unit or facility to be closed and projected final contours and any changes in natural surface drainage patterns.
(4) A description of the design and the location of all features and systems which will provide waste containment during the post-closure maintenance period to the extent that such features and systems differ from those described under Section 2596 of this article.
(5) A description of the precipitation and drainage control features at closed units, to the extent that such features differ from those described under Section 2596 of this article.
(6) A description of the leachate control features and procedures at closed units, to the extent that such features and procedures described under Section 2596 of this article.
(7) A map and discussion of ground water and unsaturated zone monitoring programs for the post-closure maintenance period, including location, construction details, and rationale of all monitoring facilities; to the extent that such systems differ from those described under Section 2596 of this article.
(8) An evaluation of anticipated settlement due to decomposition and compaction of wastes and subsidence of underlying natural geologic materials.
(9) A description of the nature of the final cover, including its physical characteristics, permeability, thickness, slopes, elasticity (shrink and swell), and erodability, including design details of all proposed landscaping, drainage and irrigation facilities, and other features to be placed over the final cover.
(10) The post-closure land use of the disposal site and the surrounding area.
(11) Estimates of costs for closure and post-closure maintenance for the anticipated post-closure maintenance period.
(b) If the waste management unit is to be used for purposes other than nonirrigated open space during the post-closure maintenance period, the discharger shall submit a map showing all proposed structures, landscaping, and related features to be installed and maintained over the final landfill cover. This map shall be at a scale of 1” = 100' and shall be accompanied by:
(1) a description and quantification of water entering, leaving, and remaining on-site from all sources to determine potential adverse impacts due to the proposed use, and corresponding mitigative design features that will ensure the physical and hydraulic integrity of the final cover; and
(2) detailed design plans and description(s) of the monitoring system(s) that will effectively detect penetration of the final cover by precipitation or applied irrigation waters.
(c) dischargers who submit information described in subsection (a) of this section to DTSC pursuant to Sections 66264.112 (for fully-permitted Units) or 66265.112 (for interim status Units) of Title 22 of this code need not submit this information to the regional board as a separate submittal. A copy of all information described in subsection (a) of this section submitted to DTSC shall also be submitted to the regional board.
(d) the regional board shall approve the water quality aspects of closure and post-closure maintenance plans for Class I waste management units.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13360, Water Code.
HISTORY
1. Amendment of subsections (b)(1), (c) and (d) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 10. Definitions
History
Except as otherwise indicated in this article, definitions of terms used in this chapter shall be those set forth in Division 7 (commencing with Section 13000) of the Water Code, or Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100).
HISTORY
1. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Note • History
“Active life” means the period during which wastes are being discharged to a waste management unit. The active life continues until final closure of the waste management unit has been initiated pursuant to Article 8 of this chapter. For surface impoundments, the active life includes any time when the impoundment contains liquid fluid, including waste and leachate.
“Affected medium” means any medium (e.g., ground water, surface water, or the unsaturated zone) that has been affected by a release from a waste management unit.
“Aquifer” means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.
“Attitude” means the orientation in space of a geologic structural feature or structural element position of a geologic bed, stratum, fracture, or surface relative to the horizontal.
“Background” means the concentrations or measures of constituents or indicator parameters in water or soil that has not been affected by waste constituents, or leachate from a the waste management unit being monitored.
“Background monitoring point” means a well, device, or location specified in the waste discharge requirements at which monitoring for background water quality or background soil quality is conducted.
“Background plot” means an area adjacent to a waste management unit used for land treatment that can reasonably be expected to have the same, or similar soil conditions as were present at the waste management unit prior to discharges of waste.
“Best management practices” means a practice, or combination of practices, that is the most effective and feasible means of controlling pollution generated by nonpoint sources for the attainment of water quality objectives.
“Capillary forces” means the adhesive force between liquids and solids which, in the case of ground water hydrology, causes soil-pore liquid to move in response to differences in matric potential. This effect causes water to rise from a saturated zone into the unsaturated zone, thereby creating a capillary fringe forces that cause ground water to rise above the surface of the saturated zone into the spaces between soil particles in the unsaturated zone.
“Classified waste management unit” means a waste management unit that has been classified by a regional board according to the provisions of Article 3 of this chapter.
“Closure” means termination of waste discharges at a waste management unit and operations necessary to prepare the closed unit for post-closure maintenance. Closure may be undertaken incrementally.
“Coefficient of variation” means the standard deviation divided by the mean. It is a statistical measure of the dispersion of individual samples relative to the mean value of the samples.
“Concentration limit” means the value for a constituent specified in the water quality protection standard including, but not limited to, values for concentration, temperature, pH, conductivity, and resistivity.
“Confined animal facility” means any place where cattle, calves, sheep, swine, horses, mules, goats, fowl, or other domestic animals are corralled, penned, tethered, or otherwise enclosed or held and where feeding is by means other than grazing.
“Constituent” means an element or compound which occurs in or is likely to be derived from waste discharged to the waste management unit or a component of waste which is detectable.
“Constituents of concern” means any waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in a waste management unit.
“Containment” means the use of waste management unit characteristics or installed systems and structures to prevent or restrict the release of waste constituents or leachate.
“Containment feature” means any feature, whether natural or artificial, used to contain waste constituents or leachate.
“Containment structure” means an artificial feature installed to contain waste constituents or leachate.
“Contaminated materials” means materials that contain waste constituents, or leachate.
“Control chart” means a graphical method for evaluating whether a process is or is not in a state of statistical control.
“Cover” means a membrane or earthen layer placed over the closed portion of a waste management unit.
“Cross-contamination” means a condition created when a drill hole, boring, or improperly-constructed well forms a pathway for fluid movement between a saturated zone which contains pollutants and a formerly separated saturated zone containing uncontaminated ground water.
“Cutoff wall” means a subsurface barrier to lateral fluid movement which extends from in-place natural geologic materials with the required permeability to ground surface.
“Decomposable waste” means waste which, under suitable natural conditions, can be transformed through biological and chemical processes into compounds which do not impair the quality of waters of the state. Incomplete decomposition, may result in some water quality degradation (e.g., hardness, taste, odor, etc.).
“Dedicated” means a waste management unit which is used exclusively for discharges of particular wastes.
“Dendritic” means a subdrain system that is arranged in a branching pattern.
“Dewatered sludge” means residual semi-solid waste from which free liquid has been evaporated, or otherwise removed.
“Discharger” means any person who discharges waste which could affect the quality of waters of the state, and includes any person who owns a waste management unit or who is responsible for the operation of a waste management unit. When referring to dischargers of hazardous waste, the terms “discharge” and “waste” in this definition have the same meaning as they would have under the definitions for these terms provided in section 66260.10 of Chapter 11 of Division 4.5 of Title 22, CCR, effective July 1, 1991.
“DTSC” means Department of Toxic Substances Control.
“Electrical conductivity” means the relative ability of water to conduct electrical current. It depends on the ion concentration of and can be used to approximate the total filterable residue (total dissolved solids) in the water.
“Excess exposure” means that, for an organism exposed to a release from a waste management unit, the combined effect of all hazardous constituents in the organism's environment is such that the organism will suffer some measureable adverse effect on health or reproductive success, which is partly or wholely attributable to the release.
“External hydrogeologic forces” means seasonal and other fluctuations in ground water levels, and any other hydraulic condition which could cause a change in the hydraulic stress on a containment structure.
“Facility” - See “Waste Management Facility.”
“Facility wastewater” means all wastewater, from whatever source, produced at a confined animal facility.
“Floodplain” means the land area which is subject to flooding in any year from any source.
“Freeboard” means the vertical distance between the lowest point along the top of a surface impoundment dike, berm, levee, or other similar feature and the surface of the liquid contained therein.
“Free liquid” means liquid which readily separates from the solid portions of waste under ambient temperature and pressure. Free liquids are not present when a 100 milliliter representative sample of the waste can be completely retained in a standard 400 micron conical paint filter for 5 minutes without loss of any portion of the waste from the bottom of the filter (or an equivalent test approved by DTSC).
“Geologic materials” means in-place naturally occurring surface and subsurface rock and soil.
“Ground acceleration” means acceleration of earth particles caused by an earthquake.
“Ground rupture” means disruption of the ground surface due to an earthquake any structural disruption of the ground surface due to natural or man-made forces; e.g., faulting, landslides, subsidence.
“Ground water” means (for the purpose of this chapter) water below the land surface that is at or above atmospheric pressure.
“Grout curtain” means a subsurface barrier to fluid movement, installed by injecting grout mixtures (such as cement, silicates, synthetic resins, etc.) to fill and seal fractures in rock.
“Hazardous constituent” means a constituent identified in Appendix VIII to Chapter 11 of Division 4.5 of Title 22, CCR, or an element, chemical compound, or mixture of compounds which is a component of a waste or leachate and which has a physical or chemical property that causes the waste or leachate to be identified as a hazardous waste by the California Department of Toxic Substances Control.
“Hazardous waste” means any waste which, under Article 1, Chapter 11, Division 4.5 (§66261.3 et seq.) of Title 22 of this code, is required to be managed according to Division 4.5 of Title 22 of this code.
“Head” or “hydraulic head” means the pressure exerted by fluid on a given area. It is caused by the height of the fluid surface above the area.
“Holocene fault” means a fault which is or has been active during the last 11,000 years.
“Inactive mining waste management unit” means any area containing mining wastes which is located at a present or former mining or milling site, and where all mining operations and discharges of mining waste ended and have not been resumed for 5 years, or more.
“Independent sample” means an individual sample of a monitored medium, obtained from a given monitoring point, that:
(1) does not contain a parcel of the medium that has been previously sampled at that monitoring point sufficient to cause a measurable effect in the analytical results; and
(2) has not been otherwise affected differently than any other individual sample or group of samples with which it will be compared.
In applying No. 1 above to ground water monitoring, the parcel of water of interest is the parcel of water that was in the well bore at the time of any previous sampling event.
“Indicator parameters” means measurable physical or chemical characteristics of water or soil-pore moisture which are used to detect the presence of waste constituents in water or soil-pore moisture, or the effects of waste constituents on waters of the state.
“Interim cover” means any cover other than the final cover. It includes daily cover and intermediate cover as defined in Title 14 of this code.
“Landfill” means a waste management unit at which waste is discharged in or on land for disposal. It does not include surface impoundment, or waste pile, land treatment, or soil amendments.
“Land treatment unit” or “land treatment facility” means a waste management unit at which liquid and solid waste is discharged to, or incorporated into, soil for degradation, transformation, or immobilization within the treatment zone. Such units are disposal units if the waste will remain after closure.
“Leachate” means any liquid fluid, formed by the drainage of liquids from waste or by the percolation or flow of liquid through waste. It includes any constituents extracted from the waste and dissolved or suspended in the fluid.
“Liner” means a continuous layer of natural or artificial material or a continuous membrane of artificial material installed beneath or on the sides of a waste management unit, which acts as a barrier to vertical or lateral fluid movement.
“Liquid waste” means any waste materials which are not spadable.
“Manure” means the accumulated moist animal excrement that does not undergo decomposition or drying as would occur on open grazing land or natural habitat. This definition shall include feces and urine which may be mixed with bedding materials, spilled feed, or soil.
“Maximum credible earthquake” means the maximum earthquake that appears capable of occurring under the presently known geologic framework. In determining the maximum credible earthquake, little regard is given to its probability of occurrence except that its likelihood of occurring is great enough to be of concern.
“Maximum probable earthquake” means the maximum earthquake that is likely to occur during a 100-year interval.
“Mining waste” means all waste materials (solid, semi-solid, and liquid) from the mining and processing of ores and minerals including soil, waste rock, and other forms of overburden as well as tailings, slag, and other processed mining wastes.
“Moisture-holding capacity” means the amount of liquid which can be held against gravity by waste materials without generating free liquid.
“Monitoring parameter” means one of the set of parameters specified in the waste discharge requirements for which monitoring is conducted. Monitoring parameters shall include physical parameters, waste constituents, reaction products, and hazardous constituents, that provide a reliable indication of a release from a waste management unit.
“Monitoring point” means a well, device, or location specified in the waste discharge requirements at which monitoring is conducted and at which the water quality protection standard applies.
“Operating” means waste management units which are currently receiving wastes. It includes temporarily idle units containing wastes and at which discharges of waste may resume.
“Peak stream flow” means the maximum expected flow of surface water at a waste management facility from a tributary watershed for a given recurrence interval.
“Perched ground water” means a body of unconfined ground water separated from the zone of saturation by a portion of the unsaturated zone. Such perched water may be either permanent or ephemeral.
“Permeability” means the ability of natural and artificial materials to transmit fluid.
“Physical parameter” means any measurable physical characteristic of a substance including, but not limited to, temperature, electrical conductivity, pH, and specific gravity.
“Point of compliance” means a vertical surface located at the hydraulically downgradient limit of a waste management unit that extends through the uppermost aquifer underlying the unit.
“Post-closure maintenance” means all activities undertaken at a closed waste management unit to maintain the integrity of containment features and to monitor compliance with applicable performance standards.
“Post-closure maintenance period” means the period after closure during which the waste could have an adverse effect on the quality of the waters of the state.
“Probable maximum precipitation” means the estimated amount of precipitation for a given duration, drainage area, and time of year, which approaches and approximates the maximum that is physically possible within the limits of contemporary hydrometeorological knowledge and techniques. These is virtually no risk of its being exceeded.
“P-value” means the smallest significance level for which the null hypothesis would be rejected, based on the data that was actually observed.
“Rapid geologic change” means alteration of the ground surface through such actions as landslides, subsidence, liquefaction, and faulting.
“R Chart (range chart)” means a control chart for evaluating the variability within a process in terms of the subgroup range R.
“Reconstruction” means modification to an existing waste management unit which entails costs amounting to 50 percent or more of the initial cost of the unit.
“Relative compaction” means the degree of compaction achieved, as a percentage of the laboratory compaction, in accordance with accepted civil engineering practices.
“Runoff” means any precipitation, leachate, or other liquid that drains from any part of a waste management unit.
“Runon” means any precipitation, leachate, or other liquid that drains onto any part of a waste management unit.
“Saturated zone” means an underground zone in which all openings in and between natural geologic materials are filled with water.
“Semi-solid waste” means waste containing less than 50 percent solids.
“Sensitive biological receptor of concern” means a member of any species of organism whose members are likely to be exposed to a release from a waste management unit and experience some measurable adverse effect as a result of that exposure.
“Slope failure” means downward and outward movement of ground slopes (e.g., natural rock, soil, artificial fills, or continuations of these materials).
“Sludge” means residual solids and semi-solids from the treatment of water, wastewater, and other liquids. It does not include liquid effluent discharged from such treatment processes.
“Soil-pore liquid” means the liquid contained in openings between particles of soil in the unsaturated zone.
“Sorbent” means a substance which takes up and holds a liquid either by absorption or adsorption.
“Statistically significant” means that the measured difference between a sample value (e.g., monitoring samples) and background values (or values set as water quality objectives, etc.) is greater than the difference that could be measured between various samples from substances known to have the same characteristics a statistical test has a p-value that is small enough for the null hypothesis to be rejected.
“Storage” means the holding of waste for a temporary period, at the end of which, the waste is either treated or is discharged elsewhere.
“Storm” means the maximum precipitation for a given duration that is expected during the given recurrence interval.
“Surface impoundment” means a waste management unit which is a natural topographic depression, excavation, or diked area, and which is designed to contain liquid wastes or wastes containing free liquids, and which is not an injection well.
“Tailings pond” means an excavated or diked area and which is intended to contain liquid and solid wastes from mining and milling operations.
“Transmissivity” means the rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of the aquifer under a unit hydraulic gradient rate at which fluid will pass through a given area of the saturated zone.
“Treatment” means any method, technique, or process designed to change the physical, chemical, or biological characteristics of waste so as to render it less harmful to the quality of the waters of the state, safer to handle, easier to contain or manage, including use as fuel, nutrient, or soil amendment.
“Treatment zone” means a soil area of the unsaturated zone of a land treatment unit within which constituents of concern are degraded, transformed, or immobilized.
“Underlying ground water,” for the purposes of waste management unit siting criteria, includes water which rises above the saturated zone of saturation due to capillary forces.
“Unified Soil Classification System” means one of the several generally accepted methods for soil identification and classification for construction purposes presented in Geotechnical Branch Training Manuals No. 4, 5, and 6, published by the United States Bureau of Reclamation in January of 1986, which is hereby incorporated by reference (available from Bureau of Reclamation, Engineering and Research Center, Attention: Code D-7923-A, P.O. Box 25007, Denver, Colorado 80225).
“Unsaturated zone” means the underground zone in which not all openings in and between natural geologic material are filled with water. The zone may contain water and other liquids held by capillary forces, or percolating liquids between the ground surface and the regional water table or, in cases where the uppermost aquifer is confined, the zone between the ground surface and the top of the saturated portion of the confining layer.
“Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer.
“Waste constituent” means a constituent that is reasonably expected to be in or derived from waste contained in a waste management unit.
“Waste management facility” or “facility” means the entire parcel of property at which waste discharge operations are conducted. Such a facility may include one or more waste management units.
“Waste management unit” means an area of land, or a portion of a waste management facility, at which waste is discharged. The term includes containment features and ancillary features for precipitation and drainage control and monitoring.
“Waste pile” means a waste management unit at which only noncontainerized, bulk, dry solid waste is discharged and piled on the land surface.
“X Bar chart” means a control chart for evaluating the process level or subgroup differences in terms of the subgroup average.
“Zone of saturation” means the subsurface zone extending downward from the base of the unsaturated zone in which the interstices are filled with water under pressure that is equal to or greater than atmospheric pressure. Although the zone may contain gas-filled interstices or interstices filled with fluids other than water, it is still considered saturated.
NOTE
Authority cited: Section 1058, Water Code, Reference: Section 13172, Water Code.
HISTORY
1. Amendment of definitions of “Active life,” “Attitude,” “Background,” “Capillary forces,” “Constituent,” “Discharger,” “Ground rupture,” “Ground water,” “Landfill,” “Land treatment unit,” “land treatment facility,” “Leachate,” “Rapid geologic change,” “Statistically significant,” “Transmissivity,” “Underlying ground water,” “Unified Soil Classification System,” “Unsaturated zone”; and new definitions of “Affected medium,” “Aquifer,” “Background monitoring point,” “Concentration limit,” “Excess exposure,” “Facility,” “Hazardous constituent,” “Independent sample,” “Monitoring parameter,” “Monitoring point,” “Perched ground water,” “Physical parameter,” “Point of compliance,” “P-value,” “R Chart (range chart),” “Sensitive biological receptor of concern,” “Treatment zone,” “Uppermost aquifer,” “Waste constituent,” “X Bar chart,” “Zone of saturation,” filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Editorial correction of Appendix II (Register 95, No. 43).
3. Amendment of definitions of “Active life,” “Classified waste management unit.” “Constituent,” “Free liquid,” “Ground water” and “Hazardous constituent”; new definitions for “DTSC” and “Hazardous waste”; and repealer of Appendices II and III filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Appendix I.
Step-By-Step Guide to Clay
Liner-Leachate Compatibility Testing1
1 Presented by David Anderson and Gordon Evans of K. W. Brown and Associates as part of the Soil Liners workshop, Permit Writers Training Program, conducted by EPA in San Francisco, California, November 14-17, 1983.
There is currently no standard scheme for evaluating clay liner-leachate compatibility. Following is a suggested step-by-step method for evaluating compatibility.
Step 1: Obtain Representative Waste Samples
Guidance
The first step in analyzing waste-liner compatibility is to obtain a representative sample of the waste to be stored. If any liquids are present in the waste, make sure that the liquids do not drain out of the waste. The sample must contain these liquids to adequately indicate waste liner compatibility.
Method
Several methods for obtaining samples of hazardous wastes are discussed in Section One of Test Methods for Evaluating Solid Waste (EPA, 1982b). Data supplied on the wastes should include the following:
a. EPA Hazardous Waste Numbers (D, F, and K numbers)
_________________ ___________________ __________________
_________________ ___________________ __________________
_________________ ___________________ __________________
b. Physical Class of Waste (aqueous-inorganic; aqueous-organic; organic, or solid, sludge, or slurry) Aqueous-inorganic (AI) and aqueous-organic (AO) are classes of waste in which water is the solvent (predominant liquid), and the solutes are mostly inorganic and organic, respectively. Organic (O) is the class of waste in which the predominant liquids are organic, and the solutes are mostly other organic chemicals dissolved in the organic solvent. Solids, sludges, and slurries (S) are wastes high in solids such as tailings, settled matter, or filter cakes.
c. Waste Stream Description (describe the production and waste treatment processes from which the waste stream is generated)
d. ______ Percent Solids (wet weight basis) (determine by drying waste at 10oC for 24 hours)
Step 2: Extract Primary Leachate
Guidance
The primary leachate is the liquid that can be extracted from the waste. It is collected and used to evaluate liner compatibility with liquids present in a waste. If there is more than one distinct immiscible phase in the primary leachate, collect enough of each phase (approximately 5 liters per primary leachate phase) to perform the compatibility testing with each phase.
Method
The primary leachate is extracted from the waste by vacuum filtration at 25oC and should be measured as a percentage of the total waste on a wet weight basis. Attach a large capacity porcelain buchner funnel to a large capacity sidearm flask. Place a rapid flow rate, glass fiber filter circle in the buchner funnel. Wet the filter with a few drops of water, and load the buchner funnel with fresh waste. Connect the flask to an aspirator pump and apply a vacuum to the waste for five minutes or until most of the liquids are removed from the waste. Remove the solids from the buchner funnel, place a clean filter circle in the funnel, wet the filter as before, and reload the funnel with fresh waste. Repeat the above process until sufficient primary leachate has been collected for testing (approximately five liters). If no liquids are extractable from the waste, proceed with step three.
Step 3: Extract Secondary Leachate
Guidance
The secondary leachate is an aqueous extract of the waste. It is collected and used to evaluate liner compatibility with leachate generated by water percolating through the waste.
Method
The secondary leachate is collected by thoroughly mixing the waste with just enough water to obtain the consistency of a saturated paste. (A saturated paste should be thick enough so that the waste barely flows together into a hole made in the paste with a spatula). Filtrate collected from vacuum filtration of the saturated paste is the secondary leachate to be used in the liner-leachate compatibility tests.
Secondary leachate can be extracted from the saturated paste in the same manner in which primary leachate is removed from liquid-bearing wastes. Enough saturated paste should be subjected to vacuum filtration to collect approximately five liters of secondary leachate. Do not reuse waste samples for the collection of additional leachate, as this would result in an excessively diluted leachate.
Step 4: Analyze Primary Leachate
Guidance
If the waste contained a primary leachate, it should be analyzed to establish the type and concentration of the organic liquids present. Some primary leachate may contain two distinct immiscible phases. It is advisable to analyze each phase separately. Subsequent routine analysis should be performed to assure that leachate composition has not changed in a way that would affect liner performance. While the initial analysis should be definitive with regard to the liquids and solutes present in the leachate, the routine analysis need only confirm that leachate composition has not appreciably changed.
Method
Permit applicants may be able to find analyses of similar wastes in company files, state regulatory agency files, or in the analyses of wastes compiled by EPA (EPA, 1980a; EPA, 1980b). It should be noted, however, that it is leachate analyses that will ultimately be needed for use in characterizing liner-leachate compatibility. The following information on the primary leachate should be collected.
a. ______ percent Filtrate (wet weight basis) that would be removed from waste by vacuum filtration (at 25oC)
b. Predominant liquid constituents as a percentage of total primary leachate (filtrate) (indicate to 0.1 percent)
percent Water
percent
percent
percent
percent
c. Predominant solutes as gL-1 of total primary leachate (indicate to 0.1 gL-1)
gL-1
gL-1
gL-1
gL-1
gL-1
A two-step method can be used to analyze primary leachate. First, fractional distillation can be used to separate and quantify the liquids according to the temperature at which each fraction is removed from the bulk liquid. The mass of each fraction as a percent of the total primary leachate can then be determined gravimetrically. Secondly, each fraction obtained can be identified by gas chromatography and, if necessary, confirmed by mass spectrometry.
These methods are discussed in Section Eight of Test Methods for Evaluating Solid Waste (EPA, 1982b). After these initial detailed analyses, subsequent routine analyses may be limited to the first step of the method.
Primary Leachate pH =
Primary Leachate EC =
The pH of the primary leachate can be determined electrometrically using a saturated paste and a glass electrode in combination with a reference potential or a combination electrode. The electrical conductivity (EC) of the primary leachate is determined by using a saturated paste extract and a self-contained conductivity meter, such as a wheatstone bridge-type or equivalent.
Step 5: Analyze Secondary Leachate
Guidance
The secondary leachate is an aqueous-based liquid and may have the following types of solutes: acids, bases, salts, and organic chemicals. This leachate must be analyzed to determine the concentration of the solutes.
Method
The following information is needed to characterize secondary leachate. Some of the information may be collected by methods that are similar to those used for the primary leachate.
a. ______ percent Filtrate (wet weight basis) that could be removed from the waste made into a saturated paste by addition of distilled water.
b. Predominant solutes as gL-1 of total primary leachate (indicate to 0.1 gL-1)
gL-1
gL-1
gL-1
gL-1
gL-1
c.Secondary Leachate pH =
Secondary Leachate EC =
The types and concentration of the solutes present in the leachate can be determined as follows:
Salts may be initially characterized by atomic absorption spectrophotometry and electrical conductivity. The method for measuring EC is discussed above and the methods for atomic absorption spectrophotometry for various inorganics are found in Section Seven of Test Methods for Evaluating Solid Waste (EPA, 1982b). Subsequent routine analysis may usually be limited to EC unless this measurement indicates the leachate is significantly different from that originally analyzed.
Acids and Bases may be satisfactorily characterized by measuring the pH of the leachate using a standard pH meter and electrodes, as described for the primary leachate.
Organic Solutes can be quantified by determining the total organic carbon in the leachate by converting organic carbon in the sample to carbon dioxide (CO2) by catalytic combustion or wet chemical oxidation. The CO2 formed can be measured directly by an infrared detector or converted to methane (CH4) and measured by a flame ionization detector (EPA, 1979). The amount of CO2 or CH4 is directly proportional to the concentration of carbonaceous material in the sample. If low molecular weight organics are present in the leachate at concentrations of parts per thousand or greater, it may be advisable to use the fractionation and analysis technique described above for the primary leachate. For more dilute solutions, it may be necessary to extract the organic constituents and analyze them by liquid chromatograpy and gas chromatography. These are discussed in Section Eight of Test Methods for Solid Waste (EPA, 1982b).
Step 6: Characterize the Clay Liner Guidance
Characterization should include the determination of effective pore volume and permeability of the clay liner.
Method
Characterization of a clay liner will not, in itself, reveal if a liner has all the appropriate properties to prevent failure. This characterization can, however, establish the baseline permeability and effective pore volume values with a standard aqueous leachate (0.01 N CaSO4) and nonattenuated ion (bromide), respectively. These baseline values can be compared with the values obtained with the leachates of a waste. Suitable methods for analyzing soil physical properties are available in the latest edition of ASTM Standards (part 19: Natural Building Stones; Soil and Rock), in Black (1965), or in most soil testing manuals. Determination of bromide breakthrough can be accomplished by using a bromide selective electrode to analyze permeameter outflow. The following information should be determined for the clay liner.
a. Particle size distribution and clay minerology
1. ________percent Sand (>50 μm, dry wt. basis)
2. ________percent Silt (50-2.0 μm, dry wt. basis)
3. ________percent Clay (<2.0 μm dry wt. basis)
4. ________percent of Clay that is coarse (2.0-0.2 μm, dry wt. basis)
5. Predominant coarse Clay minerals
________percent
________percent
________percent
6. ________percent of Clay that is fine (0.2 μm, dry wt. basis)
7. Predominant fine Clay minerals
________percent
________percent
________percent
b. Physical properties
1.________g cm-3particle density
2.________percent in-place (as compacted) water content (dry wt. basis)
3.________g cm-3-place (as compacted) density (dry wt. basis)
4.________percent pore space (percent of total liner volume)
5. Permeability to an aqueous solution of 0.02 N CaSo4 or CaCL2 after percolation of:
0.5 pore volume cm/sec
1.0 pore volume cm/sec
1.5 pore volume cm/sec
2.0 pore volume cm/sec
6. Pore volume values for Bromide breakthrough
________percent Bromide at 0.1 pore volume
________percent Bromide at 0.2 pore volume
________percent Bromide at 0.3 pore volume
________percent Bromide at 0.4 pore volume
________percent Bromide at 0.5 pore volume
________percent Bromide at 0.6 pore volume
________percent Bromide at 0.7 pore volume
________percent Bromide at 0.8 pore volume
________percent Bromide at 0.9 pore volume
________percent Bromide at 1.0 pore volume
The permeability of the clay liner should first be evaluated using a standard leachate (such as 0.01 N CaSO4 or CaCl2). After the permeability has stabilized, the effective pore volume can be estimated by spiking the standard leachate with bromide and monitoring the breakthrough of bromide in the permeameter outflow. Assuming that a clay liner is presaturated with clean water, nonattenuated leachate constituents (e.g., bromide) will be present in the outflow from the permeameter after passage of leachate equal to approximately 50 percent of the volume represented by one effective pore volume.
Step 7: Determine Compatibility of the Proposed Clay Liner with the Expected Leachates
Guidance
A substantial body of data suggests that concentrated organic liquids may significantly degrade the performance of clay liners; consequently, clay liner-waste leachate compatibility tests should be conducted to verify that leachates will not move beyond the clay liner during the active life of the facility. These organic liquids include polar, nonpolar, basic, and acidic organic liquids. In all probability, organic liquids will degrade clay liner performance to an extent that these liners will have either a short lifetime or a large thickness requirement. There are also substantial data indicating that either strong aqueous salt, acidic, or basic solutions may degrade clay liner performance. It should be noted, however, that acids and bases can be neutralized, and certain treated clays may resist degradation upon exposure to many strong aqueous salt solutions.
Basic and nonpolar organic liquids have shown the potential to significantly decrease the effective pore volume of clay liners. Polar organic liquids appear to degrade clay liner permeability to a greater extent than they initially degrade effective pore volume. There is substantial evidence that a wide range of organic liquids may degrade clay liner effectiveness.
Method
The permeability and lowest pore volume at which waste constituents appear in permeameter outflow should be determined with both the primary and secondary leachates of the wastes if these solutions are appreciably different. These values should be compared with the baseline values previously determined to see if the leachates are likely to degrade the ability of a clay liner to meet the leachate containment performance standard. Whenever either organic liquids or concentrated solutes are present in leachates, it is suggested that clay liners be tested by passing at least two full pore volumes of the leachates through the liner. If the primary leachate of a waste contains two or more immiscible phases, it is advisable to test each phase separately and to test the phases sequentially on the same clay core. The leachates used in the permeability tests should be at the highest concentration at which they would ever be while in contact with the clay liner. For constant head permeability tests, the following equation may be used:
Embedded Graphic 23.0059
where:
K = permeability constant (cm sec-1);
t = time (sec);
v = volume of leachate passed through the soil (cm3);
A = cross sectional area of liquid flow (cm2); and
H = hydraulic gradient or h + L where:
L
h = hydraulic head (cm of H2O) and
L = length of soil column (cm)
For failing head permeability tests, the following permeability equation can be used (Olson and Daniel 1981):
Embedded Graphic 23.0060
where: K = permeability constant (cm sec-1)
a = cross sectional area of the buret (cm2)
A = cross sectional area of the soil (cm -2)
L = length of the soil (cm)
t = elapsed time from 5(0) to t(1)(sec)
h(0) = height of water in standpipe above the discharge level at t(0)(cm)
h(1) = height of water above the discharge level at time t(1)(cm)
This equation can be arranged as follows:
Embedded Graphic 23.0061
Thus, the slope of the line obtained by plotting ln hydraulic head versus time may be used to determine the permeability constant:
Embedded Graphic 23.0062
Permeability (k) should be plotted along the Y-axis, while the cumulative pore volume at which each permeability is obtained should be plotted along the X-axis. Incremental pore volumes are obtained by dividing the volume of leachate (v) by the total pore volume of the compacted soil specimen used in the test. Total pore volume of a specimen is obtained as follows:
total pore volume = pAL
where porosity (p) is multiplied by the total volume (AL) of the soil specimen. Porosity is determined as follows:
Embedded Graphic 23.0063
where the bulk density, or unit weight (BD) is divided by the particle density (Gs).
If elevated hydraulic gradients are to be used and there is a failure in the clay liner being tested, a rough estimate of the time to failure can be made by rearranging Darcy's law so that time is isolated as follows:
Embedded Graphic 23.0064
where: ti1= laboratory test time increment (sec)
H1 = hydraulic gradient used in the laboratory (unitless)
To convert laboratory time to the corresponding time in the field, the maximum hydraulic gradient that will occur in the field (H2) may be substituted for the value used in the laboratory (H1) as follows:
Embedded Graphic 23.0065
where: ti2= field time increment (sec)
H2= maximum hydraulic gradient in the field (unitless)
The field time values obtained from the beginning of the test until waste constituents appear in the permeameter outflow should be summed together. This total time value should then be multiplied by the ratio of the field liner thickness to the laboratory liner thickness to arrive at the useful life of the clay liner as follows:
Embedded Graphic 23.0066
where: T = useful life of the clay liner (sec)
n = time increment where leachate constituents are first detected permeameter outflow
Y = thickness of field liner (cm)
thickness of laboratory liner (cm)
a. Permeability to primary leachate (where two or more distinct immiscible primary leachates are present, test the solutions separately).
0.1 pore volume cm/sec
0.2 pore volume cm/sec
0.3 pore volume cm/sec
0.4 pore volume cm/sec
0.5 pore volume cm/sec
0.6 pore volume cm/sec
0.7 pore volume cm/sec
0.8 pore volume cm/sec
0.9 pore volume cm/sec
1.0 pore volume cm/sec
1.1 pore volume cm/sec
1.2 pore volume cm/sec
1.3 pore volume cm/sec
1.4 pore volume cm/sec
1.5 pore volume cm/sec
1.6 pore volume cm/sec
1.7 pore volume cm/sec
1.8 pore volume cm/sec
1.9 pore volume cm/sec
2.0 pore volume cm/sec
b. Permeability to secondary leachate
0.1 pore volume cm/sec
0.2 pore volume cm/sec
0.3 pore volume cm/sec
0.4 pore volume cm/sec
0.5 pore volume cm/sec
0.6 pore volume cm/sec
0.7 pore volume cm/sec
0.8 pore volume cm/sec
0.9 pore volume cm/sec
1.0 pore volume cm/sec
1.1 pore volume cm/sec
1.2 pore volume cm/sec
1.3 pore volume cm/sec
1.4 pore volume cm/sec
1.5 pore volume cm/sec
1.6 pore volume cm/sec
1.7 pore volume cm/sec
1.8 pore volume cm/sec
1.9 pore volume cm/sec
2.0 pore volume cm/sec
c. Pore volume values for breakthrough to two mobile waste constituents (waste constituent in eluate as percent of constituent inleachate).
1. Constituent No. 1
______percent of 0.1 pore volume ______percent at 1.1 pore volume
______percent of 0.2 pore volume ______percent at 1.2 pore volume
______percent of 0.3 pore volume ______percent at 1.3 pore volume
______percent of 0.4 pore volume ______percent at 1.4 pore volume
______percent of 0.5 pore volume ______percent at 1.5 pore volume
______percent of 0.6 pore volume ______percent at 1.6 pore volume
______percent of 0.7 pore volume ______percent at 1.7 pore volume
______percent of 0.8 pore volume ______percent at 1.8 pore volume
______percent of 0.9 pore volume ______percent at 1.9 pore volume
______percent or 1.0 pore volume _______percent at 2.0 pore volume 2.
Constituent References:
Black, C. A. (ed.) (1965). Methods of Soil Analysis, Part 1. Physical and Mineralogical Properties Including Statistics of Measurement and Sampling. Am. Soc. Agron., Madison, Wisconsin. 770p. EPA. (1979). Methods for Chemical Analysis of Water and Wastes. EPA 600/4-79-020 (PB 297-686/8BE).
EPA. (1980a). Listing of Hazardous Waste. RCRA, Office of Solid Waste, Washington, D. C. Section 261.20 through Section 261.21. May 19, 1980.
EPA. (1980b.) Hazardous Waste Land Treatment. Written for U.S. EPA by K. W. Brown and Associates, Inc. EPA, Cincinnati, Ohio. SW-874.
EPA. (1982b). Test Methods for Evaluating Solid Waste. U.S. EPA Office of Solid Waste and Emergency Response. Washington, D. C. SW-846.
Chapter 16. Underground Tank Regulations
Article 1. Definition of Terms
§2610. Definitions/Applicability of Definitions.
Note • History
(a) Unless the context requires otherwise, the terms used in this chapter shall have the definitions provided by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code, or by section 2611 of this article.
(b) Except as otherwise specifically provided herein, the following terms are defined in section 25281 of Chapter 6.7 of Division 20 of the Health and Safety Code:
Automatic Line Leak Detector
Board
Department
Facility
Federal Act
Local Agency
Owner
Pipe
Primary Containment
Product-Tight
Release
Secondary Containment
Single-Walled
Special Inspector
Storage/Store
SWEEPS
Tank
Tank Integrity Test
Tank Tester
Unauthorized Release
Underground Storage Tank
Underground Tank System/Tank System
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25281, Health and Safety Code.
HISTORY
1. New subchapter 16 (sections 2610-2714, not consecutive) filed 8-13-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 33). For history of former subchapter 16, see Register 73, Nos. 24 and 6.
2. Renumbering and amendment of former section 2610 to section 2620 and renumbering and amendment of former section 2620 to section 2610 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
3. Editorial correction of printing errors in History 2 (Register 92, No. 43).
4. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
5. Editorial correction restoring History 1 and renumbering remaining History Notes (Register 95, No. 17).
§2611. Additional Definitions.
Note • History
Unless the context requires otherwise, the following definitions shall apply to terms used in this chapter.
“Bladder system” means a flexible or rigid material which provides primary containment including an interstitial monitoring system designed to be installed inside an existing underground storage tank.
“Best management practice” means any underground storage tank system management and operation practice that is the most effective and practicable method of preventing or reducing the probability of a release.
“Cathodic protection tester” means any individual who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers or the International Code Council, demonstrating education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried or submerged metallic piping and underground storage tank systems.
“Coatings expert” means a person who, by reason of thorough training, knowledge and experience in the coating of metal surfaces, is qualified to engage in the practice of internal tank lining inspections. The term includes only those persons who are independent of any lining manufacturer or applicator and have no financial interest in the tank or tanks being monitored.
“Compatible” means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the tank system under conditions likely to be encountered in the underground storage tank.
“Connected piping” means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system through which hazardous substances flow. For the purpose of determining how much piping is connected to any individual underground storage tank system, the piping that joins two underground storage tank systems should be allocated equally between them.
“Continuous monitoring” means a system using equipment which routinely performs the required monitoring on a periodic or cyclic basis throughout each day.
“Corrosion specialist” means any individual who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metallic piping and underground storage tank systems. Such an individual shall possess a current certificate from the National Association of Corrosion Engineers as a corrosion specialist, or be a registered professional engineer with a current certificate or license requiring education and experience in corrosion control of buried or submerged metallic piping and underground storage tank systems.
“Decommissioned tank” means an underground storage tank which cannot be used for one or more of the following reasons: 1) the tank has been filled with an inert solid; 2) the fill pipes have been sealed; or, 3) the piping has been removed.
“Designated underground storage tank operator” or “designated UST operator” means one or more individuals designated by the owner to have responsibility for training facility employees and conducting monthly visual inspections at an underground storage tank facility. A “designated UST operator” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions.
“Dispenser” means an aboveground or underground device that is used for the delivery of a hazardous substance from an underground storage tank. Dispenser includes metering and delivery devices, and fabricated assemblies located therein.
“Emergency containment” means a containment system for accidental spills which are infrequent and unpredictable.
“Excavation zone” means the volume containing the tank system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the underground storage tank system is placed at the time of installation.
“Existing underground storage tank” means an underground storage tank installed prior to January 1, 1984. The term also includes an underground storage tank installed before January 1, 1987 and which is located on a farm, has a capacity greater than 1,100 gallons, and stores motor vehicle fuel used primarily for agricultural purposes and not for resale.
“Facility employee” means an individual who is employed on-site at an underground storage tank facility, and who may be called upon to respond to spills, overfills, or other problems associated with the operation of the underground storage tank system. A “facility employee” is not considered the “operator” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code, although the same individual may hold both positions.
“Fail safe” means that a monitoring system will shut down the turbine pump in the event of a power outage, or when the monitoring system fails or is disconnected.
“Farm tank” means any one tank or a combination of manifolded tanks that: 1) are located on a farm; and, 2) holds no more than 1,100 gallons of motor vehicle fuel which is used primarily for agricultural purposes and is not held for resale.
“First ground water” means the uppermost saturated horizon encountered in a bore hole.
“Free product” refers to a hazardous substance that is present as a non-aqueous phase liquid (e.g., liquid not dissolved in water).
“Ground water” means subsurface water which will flow into a well.
“Hazardous substance” means a substance which meets the criteria of either subsection (1) or subsection (2) of section 25281(f) of the Health and Safety Code.
“Heating oil tank” means a tank located on a farm or at a personal residence and which holds no more than 1,100 gallons of home heating oil which is used consumptively at the premises where the tank is located.
“Holiday,” when used with respect to underground storage tank coating or cladding, means a pinhole or void in a protective coating or cladding.
“Hydraulic lift tank” means a tank holding hydraulic fluid for a closed loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.
“Inconclusive” means the conclusion of a statistical inventory reconciliation report that is not decisive as to whether a release has been detected.
“Independent testing organization” means an organization which tests products or systems for compliance with voluntary consensus standards. To be acceptable as an independent testing organization, the organization shall not be owned or controlled by any client, industrial organization, or any other person or institution with a financial interest in the product or system being tested. For an organization to certify, list, or label products or systems in compliance with voluntary consensus standards, it shall maintain formal periodic inspections of production of products or systems to ensure that a listed, certified, or labeled product or system continues to meet the appropriate standards.
“Independent third party” means independent testing organizations, consulting firms, test laboratories, not-for-profit research organizations and educational institutions with no financial interest in the matters under consideration. The term includes only those organizations which are not owned or controlled by any client, industrial organization, or any other institution with a financial interest in the matter under consideration.
“Integral secondary containment” means a secondary containment system manufactured as part of the underground storage tank.
“Interstitial Liquid Level Measurement” Method (as the term is used in section 25290.1 of the Health and Safety Code) or “Hydrostatic Monitoring” Method means a release detection method that continuously monitors the liquid level within a liquid-filled interstitial space of an underground storage tank. The term includes only those release detection systems that are capable of detecting a breach in the primary or secondary containment of the underground storage tank component(s) being monitored before the hazardous substance stored is released to the environment. To accomplish this, the liquid in the interstitial space shall be maintained at a pressure greater than the operating pressure found within the component(s) being monitored. This pressure may be achieved, for example, by adequately elevating the liquid reservoir or by pressurizing the liquid-filled interstice. Hydrostatic monitoring methods shall meet the requirements of section 2643, subdivision (f).
“Interstitial space” means the space between the primary and secondary containment systems.
“Leak threshold” means the value against which test measurements are compared and which serves as the basis for declaring the presence of a leak. The leak threshold is set by the manufacturer in order to meet state and federal requirements. Leak threshold is not an allowable leak rate.
“Liquid asphalt tank” means an underground storage tank which contains steam-refined asphalts.
“Liquefied petroleum gas tank” means an underground storage tank which contains normal butane, isobutane, propane, or butylene (including isomers) or mixtures composed predominantly thereof in a liquid or gaseous state having a vapor pressure in excess of 40 pounds per square inch absolute at a temperature of 100 degrees Fahrenheit.
“Maintenance” means the normal operational upkeep to prevent an underground storage tank system from releasing hazardous substances.
“Manufacturer” means any business which produces any item discussed in these regulations.
“Manual inventory reconciliation” means a procedure for determining whether an underground tank system is leaking based on bookkeeping calculations, using measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically. This terms does not include procedures which are based on statistical inventory reconciliation.
“Membrane liner” means any membrane sheet material used in a secondary containment system. A membrane liner shall be compatible with the substance stored.
“Membrane liner fabricator” means any company which converts a membrane liner into a system for secondary containment.
“Membrane manufacturer” means any company which processes the constituent polymers into membrane sheeting from which the membrane liner is fabricated into a system for secondary containment.
“Motor vehicle” means a self-propelled device by which any person or property may be propelled, moved, or drawn.
“Motor vehicle fuel tank” means an underground storage tank that contains a petroleum product. The definition does not include underground storage tanks that contain used oil.
“New underground storage tank” means an underground storage tank which is not an existing underground storage tank.
“Non-volumetric test” means a tank integrity test method that ascertains the physical integrity of an underground storage tank through review and consideration of circumstances and physical phenomena internal or external to the tank.
“Operational life” means the period beginning when installation of the tank system has begun until the time the tank system should be properly closed.
“Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank system.
“Person”, as defined in Chapter 6.7 of Division 20 of the Health and Safety Code includes any entity defined as a person under the Federal Act.
“Perennial ground water” means ground water that is present throughout the year.
“Petroleum” means petroleum including crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure, which means at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute.
“Pipeline leak detector” means a continuous monitoring system for underground piping capable of detecting at any pressure, a leak rate equivalent to a specified leak rate and pressure, with a probability of detection of 95 percent or greater and a probability of false alarm of 5 percent or less.
“Probability of detection” means the likelihood, expressed as a percentage, that a test method will correctly identify a leaking underground storage tank.
“Probability of false alarm” means the likelihood, expressed as a percentage, that a test method will incorrectly identify a “tight” tank as a leaking underground storage tank.
“Qualitative release detection method” means a method which detects the presence of a hazardous substance or suitable tracer outside the underground storage tank being tested.
“Quantitative release detection method” means a method which determines the integrity of an underground storage tank by measuring a release rate or by determining if a release exceeds a specific rate.
“Release detection method or system” means a method or system used to determine whether a release of a hazardous substance has occurred from an underground tank system into the environment or into the interstitial space between an underground tank system and its secondary containment.
“Repair” means to restore a tank or underground storage tank system component that has caused a release of a hazardous substance from the underground storage tank system.
“Septic tank” means a tank designed and used to receive and process biological waste and storage.
“Service technician” means any individual who installs or tests monitoring equipment, or provides maintenance, service, system programming or diagnostics, calibration, or trouble-shooting for underground storage tank system components.
“Statistical inventory reconciliation” means a procedure to determine whether a tank is leaking based on the statistical analysis of measured throughput and a series of daily inventory records taken manually by the tank owner or operator or recorded electronically.
“Statistical inventory reconciliation provider” means the developer of a statistical inventory reconciliation method that meets federal and state standards as evidenced by a third-party evaluation conducted according to section 2643(f), or an entity that has been trained and certified by the developer of the method to be used. In either case, the provider shall have no direct or indirect financial interest in the underground storage tank being monitored.
“Storm water or wastewater collection system” means piping, pumps, conduits and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.
“Substantially beneath the surface of the ground” means that at least 10 percent of the underground tank system volume, including the volume of any connected piping, is below the ground surface or enclosed below earthen materials.
“Sump,” “pit,” “pond,” or “lagoon” means a depression in the ground which lacks independent structural integrity and depends on surrounding earthen material for structural support of fluid containment.
“Tank integrity test” means a test method that can ascertain the physical integrity of any underground storage tank. The term includes only test methods which are able to detect a leak of 0.1 gallons per hour with a probability of detection of at least 95 percent and a probability of false alarm of 5 percent or less. The test method may be either volumetric or non-volumetric in nature. A leak rate is reported using a volumetric test method, whereas, a non-volumetric test method reports whether a substance or physical phenomenon is detected which may indicate the presence of a leak.
“Unauthorized release” as defined in Chapter 6.7 of Division 20 of the Health and Safety Code does not include intentional withdrawals of hazardous substances for the purpose of legitimate sale, use, or disposal.
“Under-Dispenser Containment” means secondary containment that is located under a dispenser.
“Under-Dispenser spill containment or control system” means a device that is capable of preventing an unauthorized release from under the dispenser from entering the soil or groundwater or both.
“Upgrade” means the addition or retrofit of some systems such as cathodic protection, lining, secondary containment, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of hazardous substances.
“Volumetric test” means a tank integrity test method that ascertains the physical integrity of any underground storage tank through review and comparison of tank volume.
“Voluntary consensus standards” means standards that shall be developed after all persons with a direct and material interest have had a right to express a viewpoint and, if dissatisfied, to appeal at any point (a partial list of the organizations that adopt voluntary consensus standards are shown in Appendix I, Table B).
“Wastewater treatment tank” means a tank designed to treat influent wastewater through physical, chemical, or biological methods and which is located inside a public or private wastewater treatment facility. The term includes untreated wastewater holding tanks, oil water separators, clarifies, sludge holding tanks, filtration tanks, and clarified water tanks that do not continuously contain hazardous substances.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25282, 25283, 25284, 25284.1, 25290.1, 25292.3 and 25299.5(a), Health and Safety Code; 40 CFR 280.10 and 280.12.
HISTORY
1. Renumbering and amendment of former section 2611 to section 2621 and renumbering and amendment of former 2621 to section 2611 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of definition “Motor vehicle fuel tank” filed 12-26-97 as an emergency; operative 12-26-97 (Register 97, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-97 order transmitted to OAL 4-22-98 and filed 6-2-98 (Register 98, No. 23).
6. New definition “Upgrade compliance certificate” and amendment of Note filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2000, No. 24).
8. Reinstatement of section as it existed prior to 10-27-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 24).
9. New definitions for ``Dispenser,” ``Under-Dispenser Containment” and ``Under-Dispenser spill containment or control system” and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
10. New definitions for “Best management practice,” “Designated underground storage tank operator,” “Facility employee,” “Fail safe” and “Service technician” and amendment of definitions for “Cathodic protection tester” and “Corrosion specialist” filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
11. New definition of “Interstitial Liquid Level Measurement” and amendment of Note filed 7-29-2004 as an emergency; operative 7-29-2004 (Register 2004, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-2004 or emergency language will be repealed by operation of law on the following day.
12. New definition of “Interstitial Liquid Level Measurement” and amendment of Note refiled 11-29-2004 as an emergency; operative 11-29-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-29-2005 or emergency language will be repealed by operation of law on the following day.
13. New definition of “Interstitial Liquid Level Measurement” and amendment of Note refiled 3-28-2005 as an emergency; operative 3-29-2005 (Register 2005, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-27-2005 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 3-28-2005 order transmitted to OAL 7-8-2005 and filed 8-19-2005 (Register 2005, No. 33).
Article 2. General Provisions
§2620. General Intent, Content, Applicability and Implementation of Regulations.
Note • History
(a) The regulations in this chapter are intended to protect waters of the state from discharges of hazardous substances from underground storage tanks. These regulations establish construction requirements for new underground storage tanks; establish separate monitoring requirements for new and existing underground storage tanks; establish uniform requirements for unauthorized release reporting, and for repair, upgrade, and closure of underground storage tanks; and specify variance request procedures.
(b) Owners and operators shall comply with these regulations except as otherwise specifically provided herein. If the operator is not the owner, then the owner shall enter into a written contract with the operator requiring the operator to monitor the underground storage tank; maintain appropriate records; and implement reporting procedures as required by any applicable permit. Both the owner and operator are responsible for assuring that the underground storage tank system is repaired or upgraded in accordance with Article 6, or closed in accordance with Article 7, as appropriate.
(c) Counties shall implement the regulations in this chapter within both the incorporated and unincorporated areas of the county through the issuance of underground storage tank operating permits to underground storage tank owners. A city may, by ordinance, assume the responsibility for implementing the provisions of this chapter within its boundaries in accordance with section 25283 of the Health and Safety Code. Local agencies shall issue an operating permit for each underground storage tank, for several underground storage tanks, or for each facility, as appropriate, within their jurisdiction.
(d) Owners and operators shall comply with the construction and monitoring requirements of Article 3 (new underground storage tanks) or the monitoring requirements of Article 4 (existing underground storage tanks). However, owners of existing underground storage tanks which meet the construction and monitoring requirements of Article 3 may be issued operating permits pursuant to the requirements of Article 3 in lieu of the requirements of Article 4. In addition, owners or operators of underground storage tanks shall comply with the release reporting requirements of Article 5, the repair and upgrade requirements of Article 6, the closure requirements of Article 7, the underground storage tank operating permit requirements of Article 10 and the corrective action requirements of Article 11.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25284, 25299.1 and 25299.3, Health and Safety Code; 40 CFR 280.
HISTORY
1. Renumbering and amendment of former section 2620 to section 2610 and renumbering and amendment of former 2610 to section 2620 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of subsections (a), (b) and (d) filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction deleting former History 1 and renumbering remaining History Notes (Register 95, No. 17).
§2621. Exemptions to the Regulations.
Note • History
(a) The term “underground storage tank” excludes the following, except those of the following included in the definition of an underground storage tank in 40 CFR, part 280.12 as modified by paragraphs (b), (c), (d), of 40 CFR, part 280.10.
(1) A farm tank.
(2) A heating oil tank.
(3) A hydraulic lift tank in accordance with section 25281(y) of the Health and Safety Code.
(4) A liquefied petroleum gas tank.
(5) A liquid asphalt tank.
(6) A septic tank.
(7) A sump, pit, pond, or lagoon.
(8) A wastewater treatment tank except a tank which is part of an underground storage tank system.
(9) A pipeline located in a refinery or in an oil field unless the pipeline is connected to an underground storage tank.
(10) Storm water or wastewater collection systems.
(11) Tanks containing radioactive material such as spent fuel pools, radioactive waste storage tanks, and similar tanks under the Atomic Energy Act of 1954 (42 USC 2011) and following.
(12) An emergency containment tank kept empty to receive accidental spills and approved for such use by the appropriate local agency.
(13) Drums located in basements and which contain 55 gallons or less of a hazardous substance.
(14) Underground storage tanks containing hazardous wastes as defined in Section 25316 of the Health and Safety Code if the person owning or operating the underground storage tank has been issued a hazardous waste facilities permit for the underground storage tank by the Department of Toxic Substances Control pursuant to section 25200 of the Health and Safety Code or granted interim status under section 25200.5 of the Health and Safety Code.
(15) A tank and associated piping located in a vault or basement and which meets the requirements of section 25283.5 of the Health and Safety Code.
(16) Any structure specifically exempted by section 25281(y) of the Health and Safety Code.
(b) Sumps which are a part of a monitoring system required under Article 3 are considered part of the secondary containment or leak detection system of the primary containment and are required to meet the appropriate construction criteria.
(c) The owner of a farm or heating oil tank or any tank which is exempt from regulation as an underground storage tank by virtue of its use shall, prior to any change which results in the tank becoming subject to regulation, obtain a valid operating permit.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25283.5 and 25299.1, Health and Safety Code; 40 CFR 280.10, 280.12.
HISTORY
1. Renumbering and amendment of former section 2621 to section 2611 and renumbering and amendment of former 2611 of section 2621 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a)(3) and (a)(16) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
Article 3. New Underground Storage Tank Design, Construction, and Monitoring Requirements
§2630. General Applicability of Article.
Note • History
(a) The requirements in this article apply to owners of new underground storage tanks. In addition, the applicable repair and upgrade requirements in Article 6 shall be complied with.
(b) Sections 2631 and 2632 specify design, construction, and monitoring requirements for all new underground storage tanks. Sections 2633 and 2634 specify alternate design, construction, and monitoring requirements, in lieu of those specified in sections 2631 and 2632, for underground storage tanks installed before January 1, 1997 which store only motor vehicle fuel. Underground storage tanks constructed pursuant to the requirements specified in section 2633 in lieu of those specified in section 2631 shall be monitored in accordance with section 2634.
(c) All new underground storage tanks, piping, and secondary containment systems shall comply with sections 2635 and 2636.
(d) All monitoring equipment used to satisfy the requirements of this article shall meet the requirements of section 2643(f) and shall be installed and maintained such that the equipment is capable of detecting a leak at the earliest possible opportunity. Additionally, all monitoring equipment used to satisfy the requirements of this article shall be installed, calibrated, operated, and maintained in accordance with section 2638.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25292.3, Health and Safety Code; 40 CFR 280.20.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading and section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of section and Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
5. Amendment of subsection (d) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
§2631. Design and Construction Requirements for New Underground Storage Tanks.
Note • History
(a) All new underground storage tanks including associated piping used for the storage of hazardous substances shall have primary and secondary containment. Primary containment shall be product-tight. Secondary containment may be manufactured as an integral part of the primary containment or it may be constructed as a separate containment system. Secondary containment systems shall be designed and constructed such that the secondary containment system can be periodically tested in accordance with section 2637(a).
(b) Except as provided in subsection (j), the design and construction of all primary containment including any integral secondary containment system, shall be approved by an independent testing organization in accordance with industry codes, voluntary consensus standards, or engineering standards. Except as provided in subsection (j), all other components used to construct the primary containment system, such as special accessories, fittings, coatings or linings, monitoring systems and level controls shall also be approved by an independent testing organization. This requirement became effective on July 1, 1991 for underground storage tanks; January 1, 1992 for piping; and shall be effective on January 1, 1995 for all other components. The exterior surface of underground storage tanks shall bear a marking, code stamp, or label showing the following minimum information:
(1) Engineering standard used;
(2) Nominal diameter in feet;
(3) Nominal capacity in gallons;
(4) Degree of secondary containment;
(5) Useable capacity in gallons;
(6) Design pressure in psig;
(7) Maximum operating temperature in degrees Fahrenheit;
(8) Construction materials;
(9) Year manufactured; and
(10) Identity of manufacturer.
(c) A primary containment system with or without an integral secondary containment system shall have wear plates (striker plates) installed, center to center, below all accessible openings. The plates shall be made of steel or other appropriate material if steel is not compatible with the hazardous substance stored. The width of the plate shall be at least eight inches on each side, or shall be equal to the area of the accessible opening or guide tube, whichever is larger. The thickness of the steel plate shall be at least 1/8 inch and those made of other materials shall be of sufficient thickness to provide equivalent protection. The plate, if under 1/4 inch thick, shall be rolled to the contours of the underground storage tank and all plates shall be bonded or tack welded in place. A drop tube-mounted bottom protector may fulfill this requirement.
(d) A secondary containment system which is not an integral part of primary containment shall be designed and constructed according to an engineering specification approved by a state registered professional engineer or according to a nationally recognized industry code or engineering standard. The engineering specification shall include the construction procedures. Materials used to construct the secondary containment system shall have sufficient thickness, density, and corrosion resistance to prevent structural weakening or damage to the secondary containment system as a result of contact with any released hazardous substance. The following requirements apply to these secondary containment systems:
(1) The secondary containment system shall be constructed to contain at least the following volumes:
(A) One hundred percent of the usable capacity of the primary containment system where only one primary container is within the secondary containment system.
(B) In the case of multiple primary containers within a single secondary containment system, the secondary containment system shall be large enough to contain 150 percent of the volume of the largest primary container within it, or 10 percent of the aggregate internal volume of all primary containers within the secondary containment system, whichever is greater. When all primary containers are completely enclosed within the secondary containment system, the restrictions of this subsection do not apply.
(2) If the secondary containment system is open to rainfall, it shall be constructed to accommodate the volume of precipitation which could enter the secondary containment system during a 24- hour, 25-year storm in addition to the volume specified in subsection (d)(1).
(3) If backfill material is placed in the secondary containment system, the volumetric requirements for the pore space shall be equal to the requirement in subsection (d)(1). The available pore space in the secondary containment system backfill shall be determined using standard engineering methods and safety factors. The specific retention and specific yield of the backfill material, the location of any primary container within the secondary containment, and the proposed method of operation for the secondary containment system shall be considered in determining the available pore space.
(4) The secondary containment system shall be equipped with a collection system to accumulate, temporarily store, and permit removal of any liquid within the system.
(5) The floor of the secondary containment system shall be constructed on a firm base and, if necessary for monitoring, shall be sloped to a collection sump. One or more access casings shall be installed in the sump and sized to allow removal of collected liquid. The access casing shall extend to the ground surface, be perforated in the region of the sump, and be covered with a locked waterproof cap or enclosed in a surface security structure that will protect the access casing(s) from entry of surface water, accidental damage, unauthorized access, and vandalism. A facility with locked gates will satisfy the requirements for protection against unauthorized access and vandalism. The casing shall have sufficient thickness to withstand all anticipated stresses with appropriate engineering safety factors and constructed of materials that will not be structurally weakened by the stored hazardous substance and will not donate, capture, or mask constituents for which analyses will be made.
(6) Secondary containment systems using membrane liners shall be approved by an independent testing organization in accordance with industry codes, voluntary consensus standards, or engineering standards. A membrane liner shall contain no primary nutrients or food-like substances attractive to rodents and shall meet the requirements in Table 3.1 after a 30-day immersion in the stored hazardous substance.
Table 3.1
Standards for Membrane Liners
Some Acceptable Test Methods
(See Appendix I, Table A)
Unsupported Supported
Property Liners Liners Requirement
(A) Tensile strength ASTM D638 ASTM D751
Tensile strength Procedure B >300 lbs/in
at yield (Cut Strip Method) of width
Tensile strength >200 lbs/in
at break of width
(B) Permeability ASTM E96 ASTM E96 <0.65 gram/
meter2-hr
(C) Seam strength ASTM D413 ASTM D751 = Parent
material
(D) Solubility ASTM D471 ASTM D471 <0.10% by
weight
(E) Puncture FTMS 101C 350 lbs.
Method 2031
FTMS 101C 80 lbs.
Method 2065
(F) Tear ASTM D751 125 lbs.
ASTM D1004
DIEC 50 lbs.
(7) A membrane liner, if used, shall be installed under the direct supervision of a representative of the membrane liner fabricator or a contractor certified by the fabricator.
(8) The excavation base and walls for a membrane liner shall be prepared to the membrane liner fabricator's specifications and shall be firm, smooth, and free of any sharp objects or protrusions.
(9) The site shall be assessed to ensure that the secondary containment is always above the ground water and not in a 25-year flood plain, unless the containment and monitoring designs are for use under such conditions.
(e) Laminated, coated, or clad materials shall be considered a single wall and do not fulfill the requirements of both primary and secondary containment.
(f) Underground storage tanks with integral secondary containment systems, which satisfy the construction requirements of subsection (b), fulfill the volumetric requirements for secondary containment specified in subsection (d)(1).
(g) Underground storage tanks with secondary containment systems shall be so designed and installed so that any loss of a hazardous substance from the primary containment will be detected by an interstitial monitoring device or method.
(h) An underground storage tank which contains motor vehicle fuel and which is designed with an integral secondary containment system shall provide 100 percent secondary containment unless it is equipped with the overfill prevention system in accordance with section 2635(b)(2)(C). In this case, the top portion of the tank, no greater than two feet wide along the length of the tank, may be single-walled.
(i) Tanks designed and constructed pursuant to the provisions of this section shall be monitored according to the provisions of section 2632.
(j) Effective June 1, 2012, if an independent testing organization approval for containment or components described in subsection (b) does not include the compatibility of the hazardous substance stored or to be stored, an owner or operator may submit to the local agency a written, affirmative statement of compatibility for the specific hazardous substance from the manufacturer(s) of the containment or components. The written, affirmative statement of compatibility along with the independent testing approval specified in (b) shall satisfy the requirements in subsection (b) that all primary containment including any integral secondary containment system and all other components used to construct the primary containment system be approved by an independent testing organization as compatible with the specific hazardous substance stored or to be stored. If an affirmative statement of compatibility made by a manufacturer conflicts with a later determination by an independent testing organization on the compatibility of the hazardous substance stored or to be stored, the written, affirmative statement of compatibility shall no longer satisfy the compatibility requirements of subsection (b).
(k) Subsection (j) applies only to underground storage tanks that meet the construction requirements contained in Health and Safety Code section 25291, subdivision (a), paragraphs (1)-(6), inclusive and subdivisions (b)-(i), inclusive, section 25290.1 or section 25290.2, as applicable.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1 and 25291, Health and Safety Code; 40 CFR 280.20.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (a) and Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
5. Amendment of subsection (b) and new subsections (j) and (k) filed 4-10-2012; operative 5-10-2012 (Register 2012, No. 15).
§2631.1. Compatibility and Permeability Testing Requirements for All New Underground Storage Tanks.
Note • History
(a) Owners and operators must use an underground storage tank system made of or lined with materials that are compatible with the substance stored in the underground storage tank system.
(b) For underground storage tank system components installed on or after July 1, 2004, the applicable approvals required in subsections 2631(b) and (d) shall include a list of the compatible products tested and the measured product permeation rates, if such testing is required by the industry code or engineering standard used to evaluate the component. These results shall be provided to the local agency upon request.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25286, 25291 and 25299, Health and Safety Code; and 40 CFR 280.20, 280.32 and 280.40-280.45.
HISTORY
1. New section filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
§2631.2. Biodiesel Blends -- Variance from Material Compatibility Certification Requirements.
Note • History
(a) This section provides for a temporary variance from certain provisions of sections 2631, 2631.1 and 2643, which will allow owners to store biodiesel blends up to 20 percent biodiesel (B20) by volume in underground storage tanks before testing by an independent testing organization has been completed.
(b) Biodiesel means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100, that meets the requirements of the American Society for Testing and Materials Standard Specification D-6751, and the registration requirements of the United States Environmental Protection Agency as a fuel and as a fuel additive under the Clean Air Act (42 U.S.C. Sec. 7401).
(c) Biodiesel blend means a fuel that contains one percent to 99.99 percent biodiesel blended with diesel fuel.
(d) For purposes of this section, where a biodiesel blend is designated BX, X represents the percentage of the fuel, by volume, that is biodiesel. For example, B20 means a biodiesel blend that contains 20 percent, by volume, of biodiesel.
(e) For an underground storage tank storing biodiesel blends greater than B5 and up to and including B20, a variance from the approval requirements contained in section 2631, subdivision (b) and section 2631.1, subdivision (b) shall be provided by the local agency if all of the following requirements are satisfied:
(1) The underground storage tank meets the construction requirements contained in Health and Safety Code section 25291, subdivision (a), paragraphs (1)-(6), inclusive and subdivisions (b)-(i), inclusive, section 25290.1 or section 25290.2, as applicable.
(2) The underground storage tank and components are approved for the storage of petroleum diesel pursuant to section 2631, subdivision (b).
(3) The underground storage tank satisfies and the owner or operator complies with all other applicable requirements contained in Chapter 6.7 of the Health and Safety Code, the regulations adopted to implement that chapter, and operational requirements contained in a permit issued pursuant to Section 25284 of the Health and Safety Code.
(4) The owner provides both of the following to the local agency:
(A) A Notice of Intent, signed by the owner, to store a biodiesel blend greater than B5 and up to and including B20 in the underground storage tank pursuant to the variance established in this section.
(B) An “Operating Permit Application -- Tank Information” form contained in Title 27, Division 3, Subdivision 1, Chapter 6 that identifies the biodiesel blend accompanied by a written statement from the owner that the underground storage tank and components are compatible with the biodiesel blend stored or to be stored. The biodiesel blend shall be identified by using the “Other Petroleum” selection under “Tank Use and Contents” on the form and specifying the biodiesel blend in accordance with subdivision (d). This statement shall be supported by documentation from the underground storage tank manufacturer or a nationally-recognized research organization with applicable expertise.
(5) The owner maintains documentation verifying that each delivery of biodiesel blend meets the applicable ASTM specification.
(f) For an underground storage tank system storing biodiesel blends up to and including B20, a variance from the certification requirements of section 2643, subdivision (f) shall be provided by the local agency if all of the following requirements are satisfied:
(1) The release detection method otherwise meets the requirements contained in section 2643 for the biodiesel blend stored.
(2) The owner provides both of the following to the local agency:
(A) A Notice of Intent, signed by the owner, to utilize release detection method or equipment pursuant to the variance established in this section.
(B) A written statement by the owner that the release detection method or equipment functions with the biodiesel blend stored or to be stored. This statement shall be supported by documentation from the manufacturer of the release detection method or equipment.
(3) The underground storage tank meets the requirements contained in paragraphs (1) to (3), inclusive, of subdivision (e).
(g) The variance established in subdivision (e) shall become inoperative on the following date, whichever date is sooner:
(1) Ninety days after the date of any decision by the applicable certification organization that determines that the certification for underground storage tanks that contain the biodiesel blend stored are included in the standard petroleum diesel approval or that determines that materials or components of the underground storage tank for which the variance was obtained are not compatible with the biodiesel blend stored.
(2) Thirty-six (36) months from the effective date of this section.
(h) The variance contained in subdivision (f) shall become inoperative thirty-six (36) months from the effective date of this section.
(i) If the variance established under subdivision (e) becomes inoperative pursuant to paragraph (2) of subdivision (g) or because the applicable certification organization determines that materials or components of the underground storage tank for which the variance was obtained are not compatible with the biodiesel blend stored, the owner shall empty the underground storage tank and the local agency shall inspect the underground storage tank pursuant to Health and Safety Code section 25288 before any other substance is stored.
NOTE
Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281, 25286, 25290.1, 25290.2, 25291 and 25404.1, Health and Safety Code.
HISTORY
1. New section filed 6-1-2009 as an emergency; operative 6-1-2009 (Register 2009, No. 23). A Certificate of Compliance must be transmitted to OAL by 11-30-2009 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-4-2009 as an emergency; operative 11-28-2009 pursuant to Government Code section 11346.1(d) (Register 2009, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-26-2010 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-22-2010 as an emergency; operative 2-26-2010 (Register 2010, No. 9). A Certificate of Compliance must be transmitted to OAL by 5-27-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-22-2010 order, including amendment of subsection (e)(4)(B) and new subsection (e)(5), transmitted to OAL 1-21-2010 and filed 3-4-2010 (Register 2010, No. 10).
§2632. Monitoring and Response Plan Requirements for New Underground Storage Tanks Constructed Pursuant to Section 2631.
Note • History
(a) This section is applicable only to underground storage tanks constructed pursuant to the requirements of section 2631.
(b) Owners or operators of underground storage tanks subject to this section shall implement a monitoring program approved by the local agency and specified in the underground storage tank operating permit. The program shall include interstitial space monitoring as described in subsection (c) and shall include the items listed in subsection (d).
(c) Monitoring of the interstitial space shall include either visual monitoring of the primary containment system as described in subsection (c)(1) or one or more of the methods listed in subsection (c)(2).
(1) A visual monitoring program shall incorporate all of the following:
(A) All exterior surfaces of the underground storage tanks and the surface of the floor directly beneath the underground storage tanks shall be capable of being monitored by direct viewing.
(B) Visual inspections shall be performed daily, except on weekends and recognized state and/or federal holidays. Inspections may be more frequent if required by the local agency or the local agency may reduce the frequency of visual monitoring at facilities where personnel are not normally present and inputs to and withdrawals from the underground storage tanks are very infrequent. In these instances, visual inspection shall be made weekly. The inspection schedule shall take into account the minimum anticipated time during which the secondary containment system is capable of containing any unauthorized release and the maximum length of time any hazardous substance released from the primary containment system will remain observable on the surface of the secondary containment system. The inspection schedule shall be such that inspections will occur on a routine basis when the liquid level in the tanks is at its highest. The inspection frequency shall be such that any unauthorized release will remain observable on the exterior of or the surface immediately beneath the underground storage tanks between visual inspections. The evaluation of the length of time the hazardous substance remains observable shall consider the volatility of the hazardous substance and the porosity and slope of the surface immediately beneath the tanks.
(C) The liquid level in the tank shall be recorded at the time of each inspection.
(D) If any liquid is observed around or beneath the primary containment system, the owner or operator shall, if necessary, have the liquid analyzed in the field using a method approved by the local agency or in a laboratory to determine if an unauthorized release has occurred. The owner or operator shall have a tank integrity test conducted, if necessary, to determine whether the primary containment system is leaking. If a leak is confirmed, the owner or operator shall comply with the applicable provisions of Article 5, Article 6, and Article 7.
(2) A monitoring program which relies on the mechanical or electronic detection of the hazardous substance in the interstitial space shall include one or more of the methods in Table 3.2. The following requirements shall apply when appropriate:
(A) The interstitial space of the tank shall be monitored using a continuous monitoring system which meets the requirements of section 2643(f).
(B) The continuous monitoring system shall be connected to an audible and visual alarm system approved by the local agency.
(C) For methods of monitoring where the presence of the hazardous substance is not determined directly, for example, where liquid level measurements in the interstitial space are used as the basis for determination, the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance in the interstitial space if the indirect methods indicate a possible unauthorized release.
(d) All monitoring programs shall include the following:
(1) A written procedure for monitoring, submitted on the “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, which establishes:
(A) The frequency of performing the monitoring;
(B) The methods and equipment, identified by name and model, to be used for performing the monitoring;
(C) The location(s), as identified on a plot plan, where the monitoring will be performed;
(D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment;
(E) The reporting format;
(F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be in accordance with the manufacturer's instructions, and;
(G) A description of the training necessary for the operation of both the tank system and the monitoring equipment.
(2) A response plan which demonstrates, to the satisfaction of the local agency, that any unauthorized release will be removed from the secondary containment system within the time consistent with the ability of the secondary containment system to contain the hazardous substance, but not more than 30 calendar days or a longer period of time as approved by the local agency. The response plan shall include, but is not limited to, the following:
(A) A description of the proposed methods and equipment to be used for removing and properly disposing of any hazardous substances, including the location and availability of the required equipment if not permanently on-site, and an equipment maintenance schedule for the equipment located on-site.
(B) The name(s) and title(s) of the person(s) responsible for authorizing any work necessary under the response plan.
(e) When implementation of a monitoring program or any other condition indicates that an unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 5. If the release came from the tank system, the owner or operator shall replace, repair, or close the tank in accordance with Articles 3, 6, or 7, respectively.
Table 3.2
Methods of Monitoring for Hazardous
Substances in the Interstitial Space of an Underground Storage Tank System
Methods of Monitoring
Condition Pressure or
of the Type of Liquid Hazardous Vacuum
Secondary Substance Level Substance Vapor Loss
System[1] Stored Indicator[2] Sensor[3] Monitor Detector[4]
---------
[1]A “dry” system does not contain liquid within the secondary containment during normal operating conditions while a “wet” system does.
[2]Includes continuously operated mechanical or electronic devices.
[3]Includes either qualitative or quantitative determinations of the presence of the hazardous substance.
[4]Detects changes in pressure or vacuum in the interstitial space of an underground storage tank with secondary containment.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281 and 25291, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and table 3.2 filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(1) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2633. Alternate Construction Requirements for New Underground Storage Tanks Containing Motor Vehicle Fuel.
Note • History
(a) This section sets forth alternate construction requirements for new underground storage tanks which contain only motor vehicle fuels. Owners or operators of new underground storage tanks which contain only motor vehicle fuels may comply with this section in lieu of section 2631. If the tanks are constructed in accordance with the requirements of this section, they shall be monitored in accordance with section 2634.
(b) Underground storage tanks used for storage of motor vehicle fuel and constructed in accordance with this section shall be composed of fiberglass-reinforced plastic, cathodically protected steel, or steel clad with fiberglass-reinforced plastic. These tanks shall be installed with the leak interception and detection system constructed in accordance with the requirements of subsections (d) through (f). The primary containment system shall meet the requirements of sections 2631(b) and 2631(c).
(c) Underground storage tanks used for storage of motor vehicle fuel that are constructed of materials other than those specified in subsection (b) shall be constructed in accordance with section 2631 and monitored in accordance with section 2631 and monitored in accordance with section 2632.
(d) The floor of a leak interception and detection system shall be constructed on a firm base and sloped to a collection sump. Methods of construction for a leak interception and detection system using membrane liners shall comply with the requirement of section 2631(d)(6).
(e) Access casings shall be installed in the collection sump of a secondary containment system which has backfill in the interstitial space. The access casing shall be:
(1) Designed and installed to allow the liquid to flow into the casing;
(2) Sized to allow efficient removal of collected liquid and to withstand all anticipated applied stresses using appropriate engineering safety factors;
(3) Constructed of materials that will not be structurally weakened by the stored hazardous substances or donate, capture, or mask constituents for which analyses will be made;
(4) Screened along the entire vertical zone of permeable material which may be installed between the primary container and the leak interception and detection system;
(5) Capable of preventing leakage of any hazardous substance from the casing to areas outside the leak interception and detection system;
(6) Extended to the ground surface and covered with a locked waterproof cap or enclosed in a secured surface structure that will protect the access casing(s) from entry of surface water, accidental damage, unauthorized access, and vandalism. A facility with locked gates will satisfy the requirements for protection against unauthorized access and vandalism; and
(7) Capable of meeting requirements of local well-permitting agencies.
(f) The leak interception and detection system shall prevent the leaked hazardous substance from entering ground water. The leak interception and detection system shall be situated above the highest anticipated ground water elevation. Proof that the leak interception and detection system will protect ground water shall be demonstrated by the owner or operator of the underground storage tank to the satisfaction of the local agency. In determining whether the leak interception and detection system will adequately protect ground water, the local agency shall consider the following:
(1) The containment volume of the leak interception and detection system;
(2) The maximum leak which could go undetected under the monitoring method required in section 2634 and the maximum period during which the leak will go undetected;
(3) The frequency and accuracy of the proposed method of monitoring the leak interception and detection system;
(4) The depth from the bottom of the leak interception and detection system to the highest anticipated level of ground water;
(5) The nature of the unsaturated soils under the leak interception and detection system and their ability to absorb contaminants or to allow movement of contaminants;
(6) The effect of any precipitation or subsurface infiltration on the movement of any leak of hazardous substance and the available volume of the leak interception and detection system; and
(7) The nature and timing of the response plan required by section 2634 to clean up any hazardous substances which have been discharged from the primary container.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281 and 25291, Health and Safety Code; 40 CFR 280.20.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2634. Monitoring and Response Plan Requirements for New Underground Storage Tanks Containing Motor Vehicle Fuel and Constructed Pursuant to Section 2633.
Note • History
(a) This section applies only to underground storage tanks containing motor vehicle fuel and which are constructed in accordance with section 2633.
(b) Owners or operators of tanks which are constructed pursuant to section 2633 and which contain motor vehicle fuel shall implement a monitoring program approved by the local agency and specified in the tank operating permit.
(c) New tanks which contain motor vehicle fuel and which are constructed in accordance with section 2633 shall be monitored as follows:
(1) The leak interception and detection system shall be monitored in accordance with subsection (d) of this section;
(2) The motor vehicle fuel inventory shall be reconciled according to the performance requirements in section 2646; and,
(3) All underground piping shall be tested and monitored in accordance with section 2636.
(d) Before implementing a monitoring program, the owner or operator shall demonstrate to the satisfaction of the local agency that the program is effective in detecting an unauthorized release from the primary container before it can escape from the leak interception and detection system. A monitoring program for leak interception and detection systems shall meet the following requirements:
(1) The system shall detect any unauthorized release of the motor vehicle fuel using either:
(A) One or more of the continuous monitoring methods provided in Table 3.2. The system shall be connected to an audible and visual alarm system approved by the local agency; or,
(B) Manual monitoring. If this method is used, it shall be performed daily, except on weekends and recognized state and/or federal holidays, but no less than once in any 72 hour period. Manual monitoring may be required on a more frequent basis as specified by the local agency.
(2) The owner or operator shall prepare a written procedure for routine monitoring, submitted on the “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, which establishes:
(A) The frequency of performing the monitoring;
(B) The methods and equipment to be used for performing the monitoring;
(C) The location(s) where the monitoring will be performed;
(D) The name(s) and title(s) of the person(s) responsible for performing the monitoring and/or maintaining the equipment;
(E) The reporting format;
(F) The preventive maintenance schedule for the monitoring equipment. The maintenance schedule shall be in accordance with the manufacturer's instructions; and
(G) A description of the training necessary for the operation of both the tank system and the monitoring equipment.
(3) For methods of monitoring where the presence of the hazardous substance is not determined directly, for example, where liquid level measurements are used as the basis for determination (i.e., liquid level measurements), the monitoring program shall specify the proposed method(s) for determining the presence or absence of the hazardous substance if the indirect method indicates a possible unauthorized release of motor vehicle fuel.
(e) A response plan for an unauthorized release shall be developed before the underground storage tank system is put into service. If the leak interception and detection system meets the volumetric requirement of section 2631(d), the local agency shall require the owner to develop a response plan pursuant to the requirements of subsection 2632(d)(2). If the leak interception and detection system does not meet the volumetric requirements of section 2631(d)(1) through (5), the response plan shall consider the following:
(1) The volume of the leak interception and detection system in relation to the volume of the primary container;
(2) The amount of time the leak interception and detection system shall provide containment in relation to the period of time between detection of an unauthorized release and cleanup of the leaked substance;
(3) The depth from the bottom of the leak interception and detection system to the highest anticipated level of ground water;
(4) The nature of the unsaturated soils under the leak interception and detection system and their ability to absorb contaminants or to allow movement of contaminants; and
(5) The methods and scheduling for removal all of the hazardous substances which may have been discharged from the primary container and are located in the unsaturated soils between the primary container and ground water, including the leak interception and detection system sump.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25291 and 25292, Health and Safety Code; 40 CFR 280.41.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(2) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2635. Installation and Testing Requirements for All New Underground Storage Tanks.
Note • History
(a) Primary and secondary containment systems shall be designed, constructed, tested, and certified to comply, as applicable, with all of the following requirements:
(1) All underground storage tanks shall be tested at the factory before being transported. The tests shall determine whether the tanks were constructed in accordance with the applicable sections of the industry code or engineering standard under which they were built.
(2) The outer surface of underground storage tanks constructed of steel shall be protected from corrosion as follows, except that primary containment systems installed in a secondary containment system and not backfilled do not need cathodic protection:
(A) Field-installed cathodic protection systems shall be designed and certified as adequate by a corrosion specialist. The cathodic protection systems shall be tested by a cathodic protection tester within six months of installation and at least every three years thereafter. The criteria that are used to determine that cathodic protection is adequate as required by this section shall be in accordance with a code of practice developed in accordance with voluntary consensus standards. Impressed-current cathodic protection systems shall also be inspected no less than every 60 calendar days to ensure that they are in proper working order.
(B) Underground storage tanks protected with fiberglass-reinforced plastic coatings, composites, or equivalent non-metallic exterior coatings or coverings, including coating/sacrificial anode systems, shall be tested at the installation site using an electric resistance holiday detector. All holidays detected shall be repaired and checked by a factory authorized repair service before installation. During and after installation, care shall be taken to prevent damage to the protective coating or cladding. Preengineered corrosion protection systems with sacrificial anodes shall be checked once every three years in accordance with the manufacturer's instructions.
(3) Before installation, the tank shall be tested for tightness at the installation site in accordance with the manufacturer's written guidelines. If there are no guidelines, the primary and secondary containment shall be tested for tightness with air pressure at not less than 3 pounds per square-inch (20.68 k Pa) and not more than 5 pounds per square-inch (34.48 k Pa). In lieu of the above, an equivalent differential pressure test, expressed in inches of mercury vacuum, in the interstitial space of the secondary containment, is acceptable. The pressure (or vacuum in the interstitial space) shall be maintained for a minimum of 30 minutes to determine if the tank is tight. If a tank fails the tightness test, as evidenced by soap bubbles, or water droplets, installation shall be suspended until the tank is replaced or repaired by a factory authorized repair service. Following repair or replacement, the tank shall pass a tightness test.
(4) All secondary containment systems shall pass a post- installation test which meets the approval of the local agency.
(5) After installation, but before the underground storage tank is placed in service, a tank integrity test shall be conducted to ensure that no damage occurred during installation. The tank integrity test is not required if the tank is equipped with an interstitial monitor certified by a third-party evaluator to meet the performance standards of a “tank integrity test” as defined in section 2611, or if the tank is tested using another method deemed by the State Water Resources Control Board to be equivalent.
(6) All underground storage tanks shall be installed according to a code of practice developed in accordance with voluntary consensus standards and the manufacturer's written installation instructions. The owner or operator shall certify that the underground storage tank was installed in accordance with the above requirements as required by subsection (d) of this section.
(7) All underground storage tanks subject to flotation shall be anchored using methods specified by the manufacturer or, if none exist, shall be anchored according to the best engineering judgment.
(b) All underground storage tanks shall be equipped with a spill container and an overfill prevention system as follows:
(1) The spill container shall collect any hazardous substances spilled during product delivery operations to prevent the hazardous substance from entering the subsurface environment. The spill container shall meet the following requirements:
(A) If it is made of metal, the exterior wall shall be protected from galvanic corrosion.
(B) It shall have a minimum capacity of five gallons (19 liters).
(C) It shall have a drain valve which allows drainage of the collected spill into the primary container or provide a means to keep the spill container empty.
(2) The overfill prevention system shall not allow for manual override and shall meet one of the following requirements:
(A) Alert the transfer operator when the tank is 90 percent full by restricting the flow into the tank or triggering an audible and visual alarm; or
(B) Restrict delivery of flow to the tank at least 30 minutes before the tank overfills, provided the restriction occurs when the tank is filled to no more than 95 percent of capacity; and activate an audible alarm at least five minutes before the tank overfills; or
(C) Provide positive shut-off of flow to the tank when the tank is filled to no more than 95 percent of capacity; or,
(D) Provide positive shut-off of flow to the tank so that none of the fittings located on the top of the tank are exposed to product due to overfilling.
(3) The local agency may waive the requirement for overfill prevention equipment where the tank inlet exists in an observable area, the spill container is adequate to collect any overfill, and the tank system is filled by transfers of no more than 25 gallons at one time.
(c) Secondary containment systems including leak interception and detection systems installed pursuant to section 2633 shall comply with all of the following:
(1) The secondary containment system shall encompass the area within the system of vertical planes surrounding the exterior of the primary containment system. If backfill is placed between the primary and secondary containment systems, an evaluation shall be made of the maximum lateral spread of a point leak from the primary containment system over the vertical distance between the primary and secondary containment systems. The secondary containment system shall extend an additional distance beyond the vertical planes described above equal to the radius of the lateral spread plus one foot.
(2) The secondary containment system shall be capable of preventing the inflow of the highest ground water anticipated into the interstitial space during the life of the tank.
(3) If the interstitial space is backfilled, the backfill material shall not prevent the vertical movement of leakage from any part of the primary containment system.
(4) The secondary containment system with backfill material shall be designed and constructed to promote gravity drainage of an unauthorized release of hazardous substances from any part of the primary containment system to the monitoring location(s).
(5) Two or more primary containment systems shall not use the same secondary containment system if the primary containment systems store materials that in combination may cause a fire or explosion, or the production of a flammable, toxic, or poisonous gas, or the deterioration of any part of the primary or secondary containment system.
(6) Drainage of liquid from within a secondary containment system shall be controlled in a manner approved by the local agency to prevent hazardous materials from being discharged into the environment. The liquid shall be analyzed to determine the presence of any of the hazardous substance(s) stored in the primary containment system prior to initial removal, and monthly thereafter, for any continuous discharge (removal) to determine the appropriate method for final disposal. The liquid shall be sampled and analyzed immediately upon any indication of an unauthorized release from the primary containment system.
(7) For primary containment systems installed completely beneath the ground surface, the original excavation for the secondary containment system shall have a water-tight cover which extends at least one foot beyond each boundary of the original excavation. This cover shall be asphalt, reinforced concrete, or equivalent material which is sloped to drainways leading away from the excavation. Access openings shall be constructed as water-tight as practical. Primary containment systems with integral secondary containment and open vaults are exempt from the requirements of this subsection.
(8) The actual location and orientation of the tanks and appurtenant piping systems shall be indicated on as-built drawings of the facility. Copies of all drawings, photographs, and plans shall be submitted to the local agency for approval.
(d) Owners or their agents shall certify that the installation of the tanks and piping, meets the conditions in subdivision (1) through (4) below. The certification shall be made on an “Underground Storage Tank Certification of Installation/Modification” form in Title 27, Division 3, Subdivision 1, Chapter 6.
(1) The installer has met the requirements set forth in section 2715, subdivisions (g) and (h);
(2) The underground storage tank, any primary piping, and any secondary containment, was installed according to applicable voluntary consensus standards and any manufacturer's written installation instructions;
(3) All work listed in the manufacturer's installation checklist has been completed; and
(4) The installation has been inspected and approved by the local agency, or, if required by the local agency, inspected and certified by a registered professional engineer who has education and experience with underground storage tank system installations.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25299, Health and Safety Code; 40 CFR 280.20 and 280.40-280.45.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)(1) and Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
5. Amendment of subsections (d) and (d)(1), repealer of subsection (d)(2) and subsection renumbering filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
6. Amendment of subsection (d) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2636. Design, Construction, Installation, Testing, and Monitoring Requirements for Piping.
Note • History
(a) Except as provided below, piping connected to tanks which were installed after July 1, 1987, shall have secondary containment that complies with the requirements of section 2631 for new underground storage tanks. This requirement does not apply to piping described as follows:
(1) vent or tank riser piping, provided the primary containment system is equipped with an overfill prevention system meeting the requirements specified in sections 2635(b)(2)(B) or (C); or,
(2) vapor recovery piping if designed so that it cannot contain liquid-phase product; or,
(3) suction piping if the piping is designed, constructed, and installed as follows:
(A) The below-grade piping operates at less than atmospheric pressure (suction piping);
(B) The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released (gravity-flow piping);
(C) No valves or pumps are installed below grade in the suction line. Only one check valve is located directly below and as close as practical to the suction pump;
(D) An inspection method is provided which readily demonstrates compliance with subdivisions (A) through (C) above.
(b) All corrodible underground piping, if in direct contact with backfill material, shall be protected against corrosion. Piping constructed of fiberglass-reinforced plastic, steel with cathodic protection, or steel isolated from direct contact with backfill, fulfills this corrosion protection requirement. Cathodic protection shall meet the requirements of section 2635(a)(2).
(c) Underground primary piping shall meet all of the following requirements:
(1) Primary piping in contact with hazardous substances under normal operating conditions shall be installed inside a secondary containment system which may be a secondary pipe, vault, or a lined trench. All secondary containment systems shall be sloped so that all releases will flow to a collection sump located at the low point of the underground piping.
(2) Primary piping and secondary containment systems shall be installed in accordance with an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator shall certify that the piping was installed in accordance with the above requirements of section 2635(d). The certification shall be made on the “Underground Storage Tank Certification of Installation/Modification” form in Title 27, Division 3, Subdivision 1, Chapter 6.
(d) Lined trench systems used as part of a secondary containment system shall be designed and constructed according to a code of practice or engineering standard approved by a state registered professional engineer. The following requirements shall also apply:
(1) All trench materials shall be compatible with the substance stored and evaluated by an independent testing organization for their compatibility or adequacy of the trench design, construction, and application.
(2) The trench shall be covered and capable of supporting any expected vehicular traffic.
(e) All new primary piping and secondary containments systems shall be tested for tightness after installation in accordance with manufacturer's guidelines. Primary pressurized piping shall be tested for tightness hydrostatically at 150 percent of design operating pressure or pneumatically at 110 percent of design operating pressure. If the calculated test pressure for pressurized piping is less than 40 psi, 40 psi shall be used as the test pressure. The pressure shall be maintained for a minimum of 30 minutes and all joints shall be soap tested. A failed test, as evidenced by the presence of bubbles, shall require appropriate repairs and retesting. if there are no manufacturer's guidelines, secondary containment systems shall be tested using an applicable method specified in an industry code or engineering standard. Suction piping and gravity flow piping which cannot be isolated from the tank shall be tested after installation in conjunction with an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f), if approved by the local agency.
(f) Underground piping with secondary containment, including under-dispenser piping with secondary containment, shall be equipped and monitored with monitoring systems as follows:
(1) All secondary containment, including under-dispenser containment, and under-dispenser spill control or containment systems shall be equipped with a continuous monitoring system that either activates an audible and visual alarm or stops the flow of product at the dispenser when it detects a leak.
(2) Automatic line leak detectors shall be installed on underground pressurized piping and shall be capable of detecting a 3-gallon per hour leak rate at 10 psi within 1 hour with a probability of detection of at least 95 percent and a probability of false alarm no greater than 5 percent, and shall restrict or shut off the flow of product through the piping when a leak is detected.
[Editor's note: Version of (f)(3) in effect prior to 1-17-2008.]
(3) Until November 9, 2004, other monitoring methods may be used in lieu of the requirement in subdivision (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. Continuous monitoring systems as described in subdivision (1), which shut down the pump in addition to either activating the audible and visual alarm or stopping the flow of product at the dispenser, satisfy the automatic line leak detector requirement of subdivision (2).
[Editor's note: Version of (f)(3) effective 1-17-2008.]
(3) Until November 9, 2004, other monitoring methods may be used in lieu of the requirement in subdivision (2) if it is demonstrated to the satisfaction of the local agency that the alternate method is as effective as the methods otherwise required by this section. As an example, continuous monitoring systems as described in subdivision (1), which shut down the pump in addition to either activating the audible and visual alarm or stopping the flow of product at the dispenser, satisfy the automatic line leak detector requirement of subdivision (2), for purposes of this subdivision (f)(3).
(4) Monitoring shall be conducted on all underground pressurized piping with secondary containment at least annually at a pressure designated by the equipment manufacturer, provided that the method is capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent of the normal operating pressure of the product piping system at the test pressure with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.
(5) Continuous monitoring systems as described in subdivision (f)(1) satisfy the annual tightness testing requirement of subdivision (f)(4) if both of the following conditions are met:
(A) The monitoring system shuts down the pump or stops the flow of product at the dispenser when a leak is detected in the under- dispenser containment.
(B) The monitoring system for all product piping other than that contained in the under-dispenser containment is fail safe, and shuts down the pump when a leak is detected.
(6) For emergency generator tank systems, continuous monitoring systems as described in subdivision (1), which activate an audible and visual alarm in the event of a leak or a malfunction of the monitoring system satisfy the automatic line leak detector requirement of subdivision (2), provided that the monitoring system is checked at least daily by either remote electronic access or on-site visual inspections. A log of daily checks shall be available for local agency review upon request.
(g) Under-dispenser containment shall be designed, constructed, and installed in accordance with the following:
(1) Owners or Operators of a UST system shall have the system fitted with under-dispenser containment, or an approved under-dispenser spill containment or control system according to the following schedule:
(A) At the time of installation for systems installed after January 1, 2000.
(B) By July 1, 2001, for systems installed after July 1, 1987 that are located within 1,000 feet of a public drinking water well, as identified pursuant to the state Geographic Information System mapping database.
(C) By December 31, 2003, for systems not subject to subsection 2636(g)(1)(A) or (B).
(2) Under-dispenser containment shall be designed, constructed, installed, and monitored in accordance with section 2631, 2636(c)(2), 2636(e), and 2636(f).
(3) A manufacturer of an under-dispenser spill containment or control system may apply to the Division of Water Quality Underground Storage Tank Program Manager for approval of the system. Owners or operators shall not install an under-dispenser spill containment or control system that has not been approved.
(A) Applications for approval shall be submitted in writing and include the following:
(i) A description of the proposed system.
(ii) Clear and convincing evidence that the system will protect the soil and beneficial uses of the waters of the state from unauthorized releases.
(B) The Program Manager shall review the application to determine if the proposed system adequately protects the soil and beneficial uses of groundwater before determining whether to approve the proposed system.
(C) The Program Manager may modify or revoke a previously issued approval if it finds that, based on new evidence, the approved system does not adequately protect the soil and beneficial uses of groundwater from unauthorized releases.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25299, Health and Safety Code; and 40 CFR 280.20 and 280.40-280.45.
HISTORY
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
2. Amendment of subsections (f)-(f)(3) and (g)-(g)(4), new subsections (h)-(h)(3)(C) and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
3. Amendment of subsections (f)(2)-(4), new subsections (f)(5)-(6), repealer of subsections (g)-(g)(5), subsection relettering and amendment of newly designated subsections (g)(1)(C) and (g)(3) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
4. Amendment of subsections (c)(2) and (f)(3) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2636.1. Final Division Decisions Regarding Under-Dispenser Spill Containment or Control Systems.
Note • History
(a) A manufacturer of an under-dispenser spill containment or control system who disagrees with a determination by the Program Manager not to approve the manufacturer's system under section 2636(g)(3)(B) or to modify or revoke a previously issued approval of the manufacturer's system under section 2636(g)(3)(C) may ask for a review by the Division Chief.
(b) An appeal to the Division Chief must be in writing and must be accompanied by all material that the manufacturer wishes to be considered by the Division Chief, and by the Board in any subsequent review by the Board. The appeal must contain an explanation why the manufacturer believes the Program Manager's determination is erroneous, inappropriate, or improper.
(c) The Division Chief shall render a Final Division Decision within 30 days of receipt of the appeal. A Final Division Decision is final and conclusive unless the manufacturer files a petition for review with the Board that is received by the Board within 30 days from the date of the Final Division Decision.
(d) The Division Chief may at any time, on the Division Chief's own motion, issue a Final Division Decision.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.
HISTORY
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
2. Amendment of subsection (a) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
§2636.2. Petition for Board Review Regarding Under-Dispenser Spill Containment or Control Systems.
Note • History
(a) A manufacturer may petition the Board for review of a Final Division Decision.
(b) A petition for Board review shall contain the following:
(1) The name and address of the petitioner;
(2) A statement of the date on which the petitioner received the Division's final decision;
(3) A copy of the Final Division Decision that the Board is requested to review;
(4) An explanation why the petitioner believes the Final Division Decision is erroneous, inappropriate, or improper;
(5) A statement describing how the petitioner is damaged by the Final Division Decision; and
(6) A description of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, with copies sent to the Chief Counsel of the Board, and the Division Chief.
(d) The petitioner may request a hearing for the purpose of presenting factual material not presented to the Division Chief or for oral argument or both. The request to present material that was not presented to the Division Chief must include a description of the factual material that the petitioner wishes to submit, the facts that the petitioner expects to establish, and an explanation of the reasons why the petitioner could not previously submit the new material to the Division Chief. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the Board within 30 days of the Board's notification to the petitioner that the petition is complete. The Division must provide a copy of any response to the petitioner. The Board may extend the time for filing a response by the Division Chief.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.
HISTORY
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
Note • History
Upon the Board's receipt of a petition which does not comply with section 2636.2 of this chapter, the Board, through its Chief Counsel, will advise the petitioner of the manner in which the petition is defective and allow a reasonable time within which an amended petition may be filed. If the Board does not receive a properly amended petition within the time allowed, the petition shall be dismissed.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.
HISTORY
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
§2636.4. Action by the Board Regarding Under-Dispenser Spill Containment or Control Systems.
Note • History
(a) In response to the petition, the Board may:
(1) Refuse to review the petition if it is late or fails to raise substantial issues that are appropriate for Board review;
(2) Affirm the final decision that the Board has been requested to review;
(3) Set aside or modify the final decision that the Board has been requested to review; or
(4) Take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hearing, or provide for an informal meeting between the petitioner, the Division Chief, a member of the Board, and such other persons as the Board deems appropriate for the purpose of attempting to resolve the dispute.
(c) If an evidentiary hearing is held, it shall be conducted in accordance with the California Code of Regulations, title 23, division 3, Chapter 1.5, article 2.
(d) The Board reserves the right, at its discretion, to consider a petition upon its own motion.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25284.1, Health and Safety Code.
HISTORY
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
§2637. Secondary Containment Testing.
Note • History
(a) Secondary containment systems installed on or after January 1, 2001 shall be tested upon installation, 6 months after installation, and every 36 months thereafter. Secondary containment systems installed prior to January 1, 2001 shall be tested by January 1, 2003 and at least every 36 months thereafter.
(b) By December 31, 2002, the owner or operator of any secondary containment system that the owner or operator determines cannot be tested in accordance with this section shall replace the secondary containment system with a system that can be tested in accordance with this section. As an alternative, the owner or operator may submit a proposal and workplan for enhanced leak detection to the local agency in accordance with subdivisions 2644.1(a)(1), (2), (4), and (5) by July 1, 2002; complete the program of enhanced leak detection by December 31, 2002; and replace the secondary containment system with a system that can be tested in accordance with this section by July 1, 2005. The local agency shall review the proposed program of enhanced leak detection within 45 days of submittal or re-submittal.
(c) Periodic testing of secondary containment systems shall be conducted using a test procedure that demonstrates that the system performs at least as well as it did upon installation. For example, if the secondary containment system was tested upon installation by using a test method that applied a pressure of 5 psi, then the periodic test must be conducted using a method that tests the system at an equivalent pressure. These tests shall be performed in accordance with manufacturer's guidelines or standards. If there are no manufacturer's guidelines or standards, secondary containment systems must be tested using an applicable method specified in an industry code or engineering standard. If there are no applicable manufacturers guidelines, industry codes, or engineering standards a test method approved by a state registered professional engineer shall be used.
(d) Secondary containment testing shall be performed by either a service technician or a licensed tank tester, both of which must meet the requirements of section 2715, subdivision (i).
(e) Underground storage tank owners and operators shall submit a copy of the test report to the local agency within 30 days of the completion of the test.
(f) Owners and operators of underground storage tanks must notify the local agency at least 48 hours prior to conducting the test, unless this notification requirement is waived by the local agency.
(g) Secondary containment systems where the continuous monitoring automatically monitors both primary and secondary containment, such as systems that are hydrostatically monitored or under constant vacuum, are exempt from periodic secondary containment testing.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25292, Health and Safety Code; and 40 CFR 280.41.
HISTORY
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
2. Amendment of section heading and subsection (a), redesignation of former subsections (a)(1)-(6) as subsections (b)-(g), amendment of newly designated subsection (d) and renumbering of former subsections (b)-(b)(6) as new section 2638 filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
3. Amendment of subsection (a) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2638. Annual Certification of Monitoring Equipment.
Note • History
(a) All monitoring equipment used to satisfy the requirements of this article shall be installed, calibrated, operated and maintained in accordance with manufacturer's instructions, and certified every 12 months for operability, proper operating condition, and proper calibration. Written records shall be maintained as required in section 2712.
(b) Persons performing installation, repair, maintenance, calibration, or annual certification of monitoring equipment shall meet the requirements set forth in section 2715, subdivision (i).
(c) Annual monitoring equipment certification shall be made on a “Monitoring System Certification” form (see Appendix VI).
(d) UST owners and operators shall submit a completed “Monitoring System Certification” form to the local agency within 30 days after completion of the inspection.
(e) The UST owner or operator shall notify the local agency at least 48 hours prior to conducting the installation, repair, replacement, calibration, or certification of monitoring equipment unless the notification requirement is waived by the local agency.
(f) A person conducting UST monitoring equipment certification shall affix a tag/sticker on each monitoring equipment component that is being certified, repaired, or replaced. The tag/sticker shall be placed in a readily visible location and shall include the date the UST component was certified, repaired, or replaced, and the contractor's or tank tester's license number.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281, 25284.1, 25291 and 25292, Health and Safety Code; and 40 CFR 280.41.
HISTORY
1. Renumbering and amendment of former section 2637(b)-(b)(6) as new section 2638 filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
2. Amendment of subsection (f) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
Article 4. Existing Underground Storage Tank Monitoring Requirements
§2640. General Applicability of Article.
Note • History
(a) The requirements of this article apply to owners or operators of existing underground storage tanks.
(b) The requirements of this article apply during the following periods:
(1) Any operating period, including any period during which the tank is empty as a result of withdrawal of all stored substances before input of additional hazardous substances;
(2) Any period during which hazardous substances are stored in the tank, and no filling or withdrawal is conducted; and
(3) Any period between cessation of the storage of hazardous substances and the actual completion of closure, pursuant to Article 7, unless otherwise specified by local agency, pursuant to section 2671(b), during a temporary closure period.
(c) This article shall not apply to underground storage tanks that are designed, constructed, installed, and monitored in accordance with Article 3.
(d) Owners or operators of tanks monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code shall comply with the requirements of section 2645. Tank systems having a capacity of more than 2,000 gallons shall not be monitored pursuant to section 25292(b)(5)(A) of the Health and Safety Code.
(e) An owner or operator of an underground storage tank system with a single-walled component that is located within 1,000 feet of a public drinking water well, as notified by the board according to its Geographic Information System mapping database, shall implement a program of enhanced leak detection or monitoring for that tank system in accordance with section 2644.1. Additionally, the following conditions for enhanced leak detection shall apply:
(1) For the purpose of section 2644.1, vent or tank riser piping, vapor recovery piping, and suction piping that meet the definitions of section 2636(a)(1), (2), or (3), are not considered single-walled components.
(2) Owners or operators notified by the board who believe that their facility is not subject to this requirement may request reconsideration by the Division of Clean Water Programs Underground Storage Tank Program Manager. The request shall be in writing and received by the Underground Storage Tank Program Manager within 60 calendar days of the date the notification was mailed. The Program Manager shall make a decision on the request, and notify the applicable local agency of this decision, within 90 calendar days of receipt of the request.
(3) The request for reconsideration must include the name and address of the subject facility, the name and address of the owner or operator submitting the request, and the reason(s) why the requester believes the board notification was in error. If the request is based on evidence that the UST system in question is greater than 1,000 feet from a public drinking water well, the request shall include a demonstration that the center of the well head is more than 1,000 ft from the closest component of the UST system. If the request is based on evidence that the subject UST system does not have a single-walled component, the request shall include supporting documentation. A copy of the request shall be concurrently submitted to the local agency.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.4, Health and Safety Code; and 40 CFR 280.40, 280.42 and 280.43(b).
HISTORY
1. Amendment of article and section headings and Note, repealer of subsections (a)-(f), and adoption of subsections (a)-(c) filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (c), new subsections (e)-(e)(3) and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
§2641. Monitoring Program Requirements.
Note • History
(a) Owners or operators of existing underground storage tanks subject to this article shall implement a monitoring program which is capable of detecting an unauthorized release from any portion of the underground storage tank system at the earliest possible opportunity.
(b) Underground piping shall be exempt from monitoring requirements if the local agency determines that the piping has been designed and constructed in accordance with section 2636(a)(3).
(c) All underground piping that operates at less than atmospheric pressure, unless it is exempt from monitoring under subsection (b), shall comply with the monitoring requirements of section 2643(d) and shall also include daily monitoring as described in Appendix II.
(d) All portions of the underground storage tank system shall be visually monitored in accordance with section 2642. A portion of the underground storage tank shall be exempt from visual monitoring if the owner demonstrates to the satisfaction of the local agency that one or more of the following conditions apply to that portion:
(1) It is not accessible for direct viewing;
(2) Visual inspection would be hazardous or would require the use of extraordinary personal protection equipment other than normal protective equipment such as steel-toed shoes, hard hat, or ear protection; or
(3) The underground storage tank is located at a facility which is not staffed on a daily basis.
(e) Non-visual monitoring shall be implemented for all portions of the underground storage tank which are exempt under subsection (d) and, for the underground storage tank, during periods when visual monitoring required under subsection (d) is not conducted. This non-visual monitoring shall include a quantitative release detection method as specified in section 2643 or a qualitative release detection method as specified in section 2644 or a combination of these methods as approved by the local agency.
(f) Non-visual monitoring for underground pressurized piping shall include a quantitative release detection method that complies with the performance requirements in section 2643(c)(1).
(g) The monitoring program shall be approved by the local agency and shall be in compliance with the requirements of this article and with the underground storage tank operating permit. The local agency may require additional monitoring methods specified in the operating permit or more frequent monitoring as necessary to satisfy the objective in subsection (a). In deciding whether to approve a proposed monitoring program, or to require additional methods or more frequent monitoring, the local agency shall consider the following factors:
(1) The volume and physical and chemical characteristics of the hazardous substance(s) stored in the underground storage tank;
(2) The compatibility of the stored hazardous substance(s) and any chemical reaction product(s) with the function of monitoring equipment or devices;
(3) The reliability and consistency of the proposed monitoring equipment and systems under site-specific conditions;
(4) The depth and quantity of ground water and the direction of ground water flow;
(5) The patterns of precipitation in the region and any ground water recharge which occurs as a result of precipitation;
(6) The existing quality of ground water in the area, including other sources of contamination and their cumulative impacts;
(7) The current and potential future uses (e.g., domestic, municipal, agricultural, industrial supply) of ground water in the area;
(8) The proximity and withdrawal rates of ground water users in the area;
(9) The type, homogeneity, and range of moisture content of the backfill material and native soils and their probable effects on contaminant migration and detection;
(10) The presence of contamination in the excavation zone or surrounding soils;
(11) The proximity of the underground storage tank to surface waters; and
(12) Additional hydrogeologic characteristics of the zone surrounding the underground storage tank.
(h) The monitoring program shall include written monitoring procedures and a response plan as set forth in section 2632(d).
(i) If the local agency does not approve the monitoring program, the owner or operator shall replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter and local agency approval.
(j) Equipment and devices used to monitor underground storage tanks shall be installed, calibrated, operated, and maintained in accordance with section 2638.
(k) When an unauthorized release is indicated during the installation of a release detection system, the owner or operator shall comply with the release reporting requirements of Article 5 and, if the release came from the existing tank, shall cease the installation process until the tank system is replaced, repaired, upgraded, or closed in accordance with the applicable provisions of this chapter.
(l) When implementation of the monitoring program, or any condition, indicates that an unauthorized release may have occurred, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, or close the underground storage tank in accordance with the applicable provisions of this chapter.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25284.1, 25291 and 25292, Health and Safety Code; 40 CFR 280.40 and 280.41.
HISTORY
1. Editorial correction of printing errors in Tables 4.1 and 4.2 (Register 86, No. 23).
2. Change without regulatory effect of Table 4.1 (Register 86, No. 40).
3. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
4. Editorial correction of printing errors in History 3 (Register 92, No. 43).
5. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
6. Amendment of subsection (j) and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
7. Amendment of subsections (j) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
Note • History
(a) An owner or operator who is required pursuant to section 2641(d) to implement a visual monitoring program shall comply with all of the following requirements:
(1) All visible exterior surfaces of an underground storage tank, including any visible horizontal surface directly beneath the underground storage tank, shall be inspected at least daily by direct viewing. The inspection schedule shall be established so that some inspections are conducted when the substance in the underground storage tank is at its highest level;
(2) A written statement of the routine monitoring procedure shall be available at the facility and the record shall include the frequency of visual inspections, the location(s) from which inspections will be made, the name(s) and title(s) of the person(s) responsible for inspections, and the reporting format;
(3) Written records shall be maintained according to section 2712 of Article 10 and shall specify the liquid level in the underground storage tank at the time of each inspection. These records shall also include a description of any sampling, analyses, and testing procedures conducted to satisfy subsection (b) of this section, including any minimum levels of detection used.
(b) If any liquid is observed around or beneath the underground storage tank system, the owner or operator shall determine if an unauthorized release has occurred. An underground storage tank integrity test shall be conducted, if necessary, to determine whether the underground storage tank system is leaking. If a leak is confirmed, the owner or operator shall comply with the release reporting requirements in Article 5 and shall replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter.
(c) Visual monitoring of the exposed portion of a partially concealed underground storage tank shall not relieve an owner or operator from monitoring the concealed portion of the tank using a non-visual monitoring method as specified in section 2641.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25293, Health and Safety Code.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction renumbering Histories (Register 99, No. 7).
§2643. Non-Visual Monitoring/Quantitative Release Detection Methods.
Note • History
(a) Non-visual quantitative release detection methods shall comply with the requirements of this section. Subsection (b) contains monitoring requirements for underground storage tanks; subsection (c) for pressurized piping; subsection (d) for suction piping; and subsection (e) for gravity-flow piping. Examples of release detection methods that may be used to meet the requirements of this section are in Appendix III.
(b) Quantitative release detection method used to monitor underground storage tanks shall be conducted according to one of the methods listed in subdivisions (1) through (5) below. These quantitative monitoring methods shall meet the requirements of section 2643(f) and shall be capable of detecting release rates specified in this section with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm.
(1) Automatic tank gauge -
The automatic tank gauge shall test the tank at least once per month after product delivery or when the tank is filled to within 10 percent of the highest operating level during the previous month and shall be capable of detecting a release of 0.2 gallon per hour. The automatic tank gauge shall generate a hard copy of all data reported including time and date, tank identification, fuel depth, water depth, temperature, liquid volume, and the duration of the test. Automatic tank gauge systems installed on or after January 1, 1995, shall also generate a hard copy of the calculated leak rate and leak threshold.
(2) Automatic tank gauge plus manual inventory reconciliation -
The automatic tank gauge shall test the tank at least once per month when the product level in the tank is at least three feet and shall be capable of detecting a release of 0.1 gallon per hour. The automatic tank gauge shall generate hard copies of data as specified in subdivision (b)(1) above. In addition, manual inventory reconciliation shall be conducted in accordance with section 2646 (except for subsection [b]).
(3) Statistical inventory reconciliation plus tank integrity testing -
Statistical inventory reconciliation shall be conducted at least once per month in accordance with section 2646.1 and shall be capable of detecting a release of 0.2 gallon per hour. In addition, a tank integrity test shall be conducted once every two years in accordance with section 2643.1.
(4) Manual inventory reconciliation plus tank integrity testing -
Manual inventory reconciliation shall be conducted at least once per month in accordance with section 2646 and shall be capable of detecting a release of 1.0 gallon per hour. In addition, a tank integrity test shall be conducted once per year in accordance with section 2643.1.
(5) Other test methods -
Other equivalent test methods may be used following review by the State Water Board for compliance with this section and section 2643(f).
(c) Piping that conveys hazardous substances under pressure shall be monitored in accordance with subdivision (c)(1), and either subdivision (2) or (3).
(1) Monitoring shall be conducted at least hourly at any pressure. The monitoring method shall be capable of detecting a release equivalent to 3.0 gallons per hour defined at 10 pounds per square inch pressure within one hour of its occurrence with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. The leak detection method shall restrict or shut off the flow of product through the piping or trigger a visual and audible alarm if an unauthorized release occurs. If the use of piping is intermittent, leak detection monitoring is required only at the beginning or end of the period during which the piping is under pressure, but in any event there shall not be more than one hour between the time the equipment initiates the test and detection of an unauthorized release; and
(2) Monitoring shall be conducted at least monthly at any pressure. The monitoring method shall be capable of detecting a minimum release equivalent to 0.2 gallon per hour defined at normal operating pressure; or,
(3) Monitoring shall be conducted at least annually (once per calendar year) at a pressure designated by the equipment manufacturer. The monitoring method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 150 percent (one and one half times) the normal operating pressure.
(d) Piping that conveys hazardous substances under less than atmospheric pressure (suction piping) shall be tested at least every three years at a pressure designated by the test equipment manufacturer. The test method shall by capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at a minimum of 40 psi with at least a 95 percent probability of detection and not more than a 5 percent probability of false alarm. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency. Daily monitoring shall be performed as described in Appendix II except for emergency generator systems, which may be monitored less often, but at least monthly. Written records describing the results of the monitoring shall be maintained in accordance with section 2712(b).
(e) Piping that conveys hazardous substances by the force of gravity (excluding vertical drops) shall be monitored at least once every two years at a pressure designated by the test equipment manufacturer. The method shall be capable of detecting a minimum release equivalent to 0.1 gallon per hour defined at 40 psi. If the piping cannot be isolated from the tank for testing purposes, the piping shall be tested using an overfilled volumetric tank integrity test or other test method meeting the requirements of section 2643(f) if approved by the local agency.
(f) Each quantitative release detection method, with the exception of manual inventory reconciliation and manual tank gauging, shall be certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in subdivisions (1) through (3) below:
(1) An independent third party testing laboratory shall evaluate and approve the method using the appropriate “EPA Standard Test Procedure” for leak detection equipment in Appendix IV; or,
(2) An independent third party testing laboratory shall evaluate and approve the method using a voluntary consensus standard that is intended for the method being evaluated; or,
(3) An independent third party testing laboratory shall evaluate and approve the method using a procedure deemed equivalent to an EPA procedure. Any resultant certification shall include a statement by the association or laboratory that the conditions under which the test was conducted were at least as rigorous as those used in the EPA standard test procedure. This certification shall include statements that:
(A) The method was tested under various conditions that simulate interferences likely to be encountered in actual field conditions (no fewer nor less rigorous than the environmental conditions used in the corresponding EPA test procedure);
(B) Each condition under which the method was tested was varied over a range expected to be encountered in 75 percent of the normal test cases;
(C) All portions of the equipment or method evaluated received the same evaluation;
(D) The amount of data collected and the statistical analysis are at least as extensive and rigorous as the data collected and statistical analysis used in the corresponding EPA test procedure and are sufficient to draw reasonable conclusions about the equipment or method being evaluated;
(E) The full-sized version of the leak detection equipment was physically tested; and
(F) The experimental conditions under which the evaluation was performed and the conditions under which the method was recommended for use have been fully disclosed and that the evaluation was not based solely on theory or calculation.
(4) The evaluation results referred to in subsections (f)(2) and (f)(3) shall contain the same information and shall be reported following the same general format as the EPA standard results sheet as any corresponding EPA test procedure.
(g) The underground storage tank owner or operator shall notify the local agency 48 hours before conducting a tank or piping integrity test unless the notification requirement is waived by the local agency. Within 30 calendar days of completion of an underground storage tank or piping integrity test, the tank owner or operator shall provide the local agency with a report. The results of any underground storage tank tests, other than those required by this article, performed on the underground storage tank or piping to detect an unauthorized release shall be reported by the owner or operator to the local agency within 30 calendar days of completion of the test. The report shall be presented in written and/or tabular format, as appropriate, and shall be at a level of detail appropriate for the release detection method used.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292, Health and Safety Code; 40 CFR 280.40-280.45.
HISTORY
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction renumbering Histories (Register 99, No. 7).
§2643.1. Tank Integrity Testing Requirements.
Note • History
Tank integrity testing shall meet the requirements of section 2643(f) and shall be conducted using one of the two methods in subsections (a) or (b) below. Tank integrity test methods shall account for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the presence of water in the backfill:
(a) A volumetric tank integrity test shall be capable of detecting a release of 0.1 gallon per hour from any portion of the tank when the tank is at least 65% full of product or at any product level if the product-filled portion of the tank is tested under pressure equivalent to that of a full tank. If any volumetric tank integrity test is conducted at a product level lower than the overfill protection device set point, a test meeting the requirements of subsection (b) must be used to test the ullage portion of the tank.
(b) A nonvolumetric tank integrity test shall be capable of detecting a release of 0.1 gallon per hour from any portion of the tank at any product level.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292, Health and Safety Code; and 40 CFR 280.40 - 280.45.
HISTORY
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
2. Editorial correction of History 1 (Register 2000, No. 31).
§2644. Non-Visual Monitoring/Qualitative Release Detection Methods.
Note • History
(a) An owner or operator who is required, pursuant to section 2641, to establish a non-visual monitoring program, shall comply with the requirements of this section if a qualitative release detection method is used. Each qualitative release detection method, including interstitial monitors, shall have an independent third-party evaluation to certify accuracy and response time of the detection method in accordance with procedures in Appendix IV. Examples of qualitative release detection methods that may be used are in Appendix III.
(b) If vadose zone monitoring is used as a release detection method, it shall be conducted in accordance with section 2647.
(c) If ground water monitoring is used as a release detection method, it shall be conducted in accordance with section 2648.
(d) A qualitative release detection method which includes the installation of monitoring wells or drilling other borings shall comply with installation, construction, and sampling and analysis procedures in section 2649.
(e) Underground pressurized piping that is monitored at least monthly by a non-visual qualitative release detection method satisfies the annual tightness test requirement of section 25292(e) of the Health and Safety Code.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. Renumbering and amendment of former section 2644 to section 2646 and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2644.1. Enhanced Leak Detection.
Note • History
(a) An owner or operator who is required, pursuant to section 2640(e), to implement a program of enhanced leak detection or monitoring shall comply with the requirements of this section as follows:
(1) Enhanced leak detection means a test method that ascertains the integrity of an underground tank system by introduction, and external detection, of a substance that is not a component of the fuel formulation that is stored in the tank system.
(2) The enhanced leak detection test method shall be third party certified, in accordance with section 2643(f), for the capability of detecting both vapor and liquid phase releases from the underground storage tank system. The enhanced leak detection test method shall be capable of detecting a leak rate of at least 0.005 gph, with a probability of detection of at least 95% and a probability of false alarm no greater than 5%.
(3) Owners and operators subject to the requirements of this section shall have a program of enhanced leak detection reviewed and approved by the local agency within 6 months following notification by the board The enhanced leak detection shall be implemented no later than 18 months following receipt of notification from the board and repeated every 36 months thereafter.
(4) Owners and operators of underground storage tanks subject to the requirements of this section must notify the local agency at least 48 hours prior to conducting the enhanced leak detection test unless this notification requirement is waived by the local agency.
(5) Owners and operators of underground storage tanks subject to the requirements of this section shall submit a copy of the enhanced leak detection test report to the board and the local agency within 60 days of completion of the test.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25283, 25291, 25292 and 25292.4, Health and Safety Code; and 40 CFR 280.40 and 280.41.
HISTORY
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
§2645. Manual Tank Gauging and Testing for Small Tanks.
Note • History
(a) Manual tank gauging may be used as part of a non-visual monitoring program for existing underground storage tanks which have a total system capacity of 2,000 gallons or less and which can be taken out of service for at least 48 or 72 continuous hours each week as indicated in Table 4.1.
(b) Manual tank gauging shall be conducted weekly in accordance with subsection (d). Piping testing shall be conducted in accordance with section 2643(c), (d), or (e). Tanks with a capacity of 1,001 to and including 2,000 gallons shall also receive a tank integrity test each year. Tanks with a capacity of 551 to and including 1,000 gallons shall also have an annual tank integrity test unless the gauging period is 60 hours or more. Requirements of section 2643(b) do not apply to tanks which are monitored in accordance with this section.
(c) Manual tank gauging shall not be used on tanks with secondary containment and shall not be used as a leak detection method after December 22, 1998, for underground storage tanks with a capacity greater than 1,000 gallons.
(d) Owners or operators of existing underground storage tanks who use manual tank gauging as part of a non-visual monitoring program shall conduct weekly gauging according to the following specifications:
(1) Tank liquid level measurements shall be taken at the beginning and end of a gauging period which shall be at least 36 or 60 continuous hours as set forth in Table 4.1 during which no liquid is added to or removed from the tank. The underground storage tank shall be secured to prevent inputs or withdrawals during the gauging period. No product shall be added to the tank within the 12-hour period preceeding the gauging period. The liquid level measurements shall be based on an average of two consecutive stick readings at both the beginning and end of the gauging period; and,
(2) The equipment used shall be capable of measuring the level of the product over the full range of the tank's height to the nearest one-eighth of an inch; and,
(3) If the variation between beginning and ending measurements exceeds the weekly or monthly standards set forth in Table 4.1, a second 36-hour or 60-hour test shall begin immediately and all measurements and calculations checked for possible errors. If the second test confirms a variation which exceeds the weekly or monthly standards in Table 4.1, a tank integrity test shall be conducted within 72 hours of completion of the second test. The local agency may extend this 72-hour period up to 30 calendar days, if all contents of the underground storage tank are safely and properly removed within the 72-hour period.
(e) If the results of a tank integrity test confirm an unauthorized release, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, upgrade, or close the underground storage tank in accordance with the applicable provisions of this chapter.
Table 4.1
Manual Tank Gauging Measurement Standards
Weekly Monthly Testing Total Time
Standard Standard Period Out of Service
Tank Size One Test Average of *(hours) (hours)
(in Gallons) (Gallons) 4 tests
(Gallons)
550 or less 10 5 36 48
551 to and
including 1,000 12 6 60 72
**551 to and
including 1,000 13 7 36 48
**1,001 to and
including 2,000 26 13 60 72
The tank must be taken out of service at least 12 hours before the test (gauging) period begins.
** An annual tank integrity test is required.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25293, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text, table 4.1 and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction of Table 4.1 (Register 95, No. 43).
§2646. Manual Inventory Reconciliation.
Note • History
(a) Manual inventory reconciliation may be used as part of a non-visual monitoring program set forth in section 2643(b)(4) for existing underground storage tanks which contain motor vehicle fuels.
(b) After January 1, 1993, manual inventory reconciliation shall not be used to comply with the requirements of this article where the existing ground water level or the highest anticipated ground water level is less than 20 feet below the bottom of the tank. The ground water level shall be determined in accordance with the requirements of section 2649(c). After December 22, 1998, manual inventory reconciliation shall not be used to satisfy underground storage tank monitoring requirements.
(c) Each underground storage tank shall be individually monitored using a method that incorporates the following procedures:
(1) Separate daily measurements shall be taken and recorded for both the motor vehicle fuel and any water layer. For the purpose of this section, “daily” means at least every day that motor vehicle fuel is added to or withdrawn from the tank, but no less than five days per week. The number of days may be reduced by the number of public holidays that occur during the week if there is no input to or withdrawal from the tank on the holiday. Local agencies may reduce the frequency of monitoring to not less than once every three days at facilities that are not staffed on a regular basis, provided that the monitoring is performed every day the facility is staffed. Measurements shall be:
(A) taken when no substance is being added to or withdrawn from the tank;
(B) performed by the owner, operator, or other designated persons who have had appropriate training;
(C) based on the average of two readings if dipstick or tape measurements are used.
(D) determined by equipment capable of measuring the level of the product over the full range of the tank's height to the nearest one-eighth of an inch. If a dipstick is used to determine the product level, a substance capable of rendering the readings legible shall be applied to the dipstick before use, if necessary to obtain accurate readings;
(E) determined by equipment capable of measuring, to the nearest one-eighth of an inch, water present in the bottom of the tank. If a dipstick is used, water-finding paste shall be applied to the dipstick. If the tank is not level, and the measurements are taken manually, the measurements shall be taken at the lowest end of the tank.
(F) measured at the center of the longitudinal axis of the tank if access is available or measured at the lowest end of the tank with a calibration measurement at both ends, if possible, to determine if any tank tilt exists, and, if so, its magnitude; and
(G) converted to volume measurements based on a calibration chart for the tank. This chart shall, where feasible, take into account the actual tilt of the tank.
(2) Daily readings shall be taken for input and withdrawals. The amount of product inputs indicated by delivery receipt shall be compared with measurement of the tank inventory volume before and after delivery. Product input shall be determined by a method that introduces the least amount of error in the monthly inventory reconciliation calculations. Underground storage tanks that are connected by a manifold may require time for the level to stabilize before a measurement is taken. Product shall be delivered to the tank through a drop tube that extends to within 12 inches of the bottom of the tank.
(d) The daily variation shall be the difference between the physically measured inventory in storage and the calculated inventory in storage. The physically measured inventory shall be measured daily by taking a liquid level measurement and converting it to gallons using a calibration chart. The calculated inventory shall be determined daily by adding the amount of product added to the tank and subtracting the withdrawals from the inventory measured on the previous day. These variations shall be algebraically summed for a period of one month. If the absolute value of the monthly variations exceeds a variation of 1.0 percent of the total monthly input to or withdrawals from the tank plus 130 gallons, the variation shall be investigated in accordance with subsection (e).
(e) If the monthly manual inventory reconciliation exceeds the allowable variation, the owner or operator shall:
(1) within 24 hours of completing inventory reconciliation which exceeds the allowable variation, notify the local agency of the suspected unauthorized release;
(2) within 24 hours of discovering a variation which exceeds the allowable variation, review the inventory records for the preceding 30 days to determine if an error in calculations was made. If investigation shows that an error in calculations was made and that variations have not been exceeded, no further steps need to be taken;
(3) within 24 hours of discovering a variation which exceeds an allowable variation, have all readily accessible facilities carefully inspected for leakage by appropriately trained persons. If an unauthorized release is detected, the owner or operator shall comply with the requirements of Article 5. If no unauthorized release is detected, the owner or operator shall continue with the following steps:
(4) have dispenser meters, which determine the amount of product withdrawn from the tank, checked and recalibration, if necessary, within 24 hours of completing the procedure required in subdivision (3) above. Dispenser meters shall comply with California Code of Regulations, Title 4, Division 9, “Division of Measurement Standards, Department of Food and Agriculture.” Meters shall be inspected by the County Department of Weights and Measures or a device repairman as defined in the California Business and Professions Code, Division 5, Chapter 5.5. This subdivision applies to all meters used for determining withdrawals, including those at non-retail facilities;
(5) continue to conduct inventory reconciliation according to the requirements of this section. If a second 30-day period of data confirms the initial results, the owner or operator shall comply with the requirements of Article 5; and
(6) conduct additional tests or investigations as required by the local agency and, if applicable, replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter.
(f) Whenever any of the steps in subsection (e) of this section are performed, the results shall be documented in the monitoring record required under section 2712. If completion of any of the steps in subsection (e) indicates that the apparent excessive variation is not due to a release or tank failure, the remainder of the steps need not be completed.
(g) On an annual basis, the owner or operator shall submit a written statement to the local agency verifying under penalty of perjury that all monthly reports were summarized and that all data are within allowable variations. If data exceeded allowable variations, the owner or operator shall provide the local agency with a list of times, dates, and corresponding variations which exceeded allowable variations. This information shall be signed by the owner or operator under penalty of perjury.
(h) The transfer of hazardous substances into and out of the underground storage tank may continue while the steps in subsection (e) are being implemented, provided the steps are completed within the specified periods. Daily inventory readings and monthly reconciliation shall continue while the steps are being implemented.
(i) Dispenser meters which determines the amount of product withdrawn from the tank shall comply with the provisions of Title 4, Division 9, “Division of Measurement Standards, Department of Agriculture.” Meters shall be inspected and recalibrated by the County Department of Weights and Measures or a device repairman as defined in Division 5, Chapter 5.5 of the Business and Professions Code.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25291 and 25292, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. Renumbering and amendment of former section 2644 to section 2646 and repealer of former section 2646 filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2646.1. Statistical Inventory Reconciliation.
Note • History
(a) When approved by the local agency, statistical inventory reconciliation may be used as part of a non-visual monitoring program, set forth in section 2643(b)(3), for existing underground storage tanks which contain motor vehicle fuel.
(b) Each underground storage tank shall be individually monitored using a method prescribed by section 2646(c).
(c) On a monthly basis, the tank owner must provide the minimum number of data records to the statistical inventory reconciliation provider as required by that provider. The previous month's data may be included with the current month's data to total the minimum number of records necessary to complete the statistical inventory reconciliation. Data submissions to the statistical inventory reconciliation provider and subsequent receipt of reports from the provider shall be completed monthly within 20 calendar days of the end of the data collection period. To give the owner or operator an opportunity to become proficient in the use of statistical inventory reconciliation, the requirements in subsection (d) do not apply if any of the first three reports are inconclusive. The owner or operator shall inform the local agency of the results of the first three reports, regardless of the results.
(d) If the results of a report are inconclusive or indicate a possible unauthorized release, the owner or operator shall, within 24 hours of receipt of the report:
(1) notify the local agency of the possible unauthorized release, and within 10 calendar days, submit a copy of the report to the local agency. The local agency may allow up to 10 additional calendar days in which to submit the report;
(2) inspect the inventory records for errors to determine if data were collected properly;
(3) have all accessible portions of the underground storage tank system inspected for leakage by appropriately trained persons. If an unauthorized release is detected, the owner or operator shall comply with the requirements of Article 5. If no unauthorized release is detected, the owner or operator shall continue with the steps in subdivision (4) below:
(4) have dispenser meters, which determine the amount of product withdrawn from the tank, checked and recalibrated if necessary within 48 hours of receipt of the report. Meters shall be recalibrated by the County Department of Weights and Measures or a device repair person as defined in the California Business and Professions Code, Division 5, Chapter 5.5. This subdivision applies to all meters used for determining withdrawals, including those at non-retail facilities. Dispenser meters shall comply with California Code of Regulations, Title 4, Division 9, “Division of Measurement Standards, Department of Food and Agriculture.”
(e) Daily readings shall continue to be taken and recorded during the investigation specified in subsection (d) above. If the second statistical inventory reconciliation report does not indicate a tight system, the owner or operator shall comply with the release reporting requirements of Article 5.
(f) The owner or operator who reports a suspected release in accordance with subsection (e) above shall conduct additional tests or investigations as required by the local agency and, if necessary, replace, repair, upgrade, or close the tank in accordance with the applicable provisions of this chapter.
(g) A tank integrity test meeting the requirements of section 2643.1 is also required every two years when statistical inventory reconciliation is used. The first tank integrity test shall be conducted within the first year of implementation of a monitoring program which includes statistical inventory reconciliation.
(h) The owner or operation shall conduct a piping tightness test and, if necessary, a tank integrity test within 15 calendar days of receipt of two successive reports which are inconclusive or which indicate a possible unauthorized release. The local agency may also require a piping tightness test and, if necessary, a tank integrity test if frequent inconclusive results are reported.
(i) Piping connected to a tank which is monitored using statistical inventory reconciliation shall be tested in accordance with section 2643(c), (d), or (e).
(j) On an annual basis, the owner or operator shall submit a written statement to the local agency which indicates the results from the statistical inventory reconciliation reports for the previous 12 months.
(k) Dispenser meters which determine the amount of product withdrawn from the tank shall comply with the provisions of Title 4, Division 9, “Division of Measurement Standards, Department of Agriculture.” Meters shall be inspected and recalibrated by the County Department of Weights and Measures or a device repair person as defined in Division 5, Chapter 5.5 of the Business and Professions Code.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25291 and 25292, Health and Safety Code; and 40 CFR 280.43.
HISTORY
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2647. Vadose Zone Monitoring Requirements.
Note • History
(a) Owners or operators of existing underground storage tanks who use vadose zone monitoring as part of a non-visual monitoring program shall comply with the requirements of this section. Vapor monitoring, soil-pore liquid monitoring, or a combination of these or other vadose zone monitoring methods may be used.
(b) Vadose zone monitoring shall not be used as the sole release detection method of non-visual monitoring where the monitoring well cannot be located within the backfill surrounding the tank, or where the existing ground water level or the highest anticipated ground water level, including intermittent perched ground water, is less than ten feet below the bottom of the tank. Ground water levels shall be determined in accordance with section 2649(c).
(c) Vadose zone vapor monitoring shall be conducted continuously. Other vadose zone monitoring shall be conducted at least weekly. All manual sampling in the vadose zone shall be conducted in accordance with section 2649(g).
(d) The number, location, and depths of vadose zone monitoring points shall be selected to achieve the objective specified in section 2641(a). Where possible, monitoring points shall be located within the excavation backfill surrounding the underground storage tank. The owner or operator shall determine the exact location of the underground storage tank and associated piping before attempting to install monitoring wells and/or devices pursuant to local agency approved.
(e) Vadose zone vapor monitoring shall comply with the following minimum requirements:
(1) The vapor characteristics of the stored product, or a tracer compound placed in the underground storage tank system, shall be sufficiently volatile to result in a vapor level that is detectable by the monitoring devices;
(2) Backfill materials and soils surrounding monitoring points shall be sufficiently porous to readily allow diffusion of vapors;
(3) The level of background contamination in the excavation zone and surrounding soils shall not interfere with the method used to detect releases from the underground storage tank;
(4) The monitoring devices shall be designed and operated to detect any significant increase in concentration above the background of the hazardous substance stored in the underground storage tank, a component or components of that substance, or a tracer compound placed in the tank system;
(5) The location and depth of each monitoring point shall be placed according to the most probable movement of vapor through the backfill or surrounding soil;
(6) Vapor monitoring wells located in the backfill shall be constructed so that any unauthorized release that may pond at the horizontal interface between the backfill and natural soils can be detected in the vapor well; and
(7) All vapor monitoring wells shall be installed, constructed, and sampled according to the requirements specified in sections 2649(b), (c), (e) and (f).
(f) Soil-pore liquid monitoring and other forms of vadose zone monitoring shall comply with the following minimum requirements:
(1) The stored substance shall be susceptible to detection by the proposed release detection method;
(2) The stored substance shall not corrode or otherwise attack the materials from which the detection system is constructed or otherwise render the detection system inoperable or inaccurate; and
(3) Site-specific conditions (e.g., precipitation, ground water, soil-moisture, background contamination) shall not interfere with the operability and accuracy of the release detection method.
(g) Compliance with the requirements of subsections (e) and (f) shall be based on a site-assessment including assessment of the underground storage tank excavation zone.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2648. Ground Water Monitoring Requirements.
Note • History
(a) Owners or operators of existing underground storage tanks who use ground water monitoring as part of a non-visual monitoring program shall comply with the requirements of this section. Ground water monitoring may be used in combination with other quantitative or qualitative release detection methods or, where permissible under this section, as the sole release detection method.
(b) Ground water monitoring may be used as the sole release detection method of non-visual monitoring for existing underground tanks only where all of the following conditions exist:
(1) The hazardous substance stored is immiscible with water and has a specific gravity of less than one;
(2) Continuous monitoring devices or manual methods are used which are capable of detecting the presence of at least one-eighth of an inch of free product on top of the ground water in the monitoring wells. This capability shall be certified by an independent third party using an appropriate evaluation procedure. Examples of acceptable evaluation procedures are in Appendix IV;
(3) The existing ground water level or the highest anticipated ground water level, including intermittent perched ground water, is less than 20 feet from the ground surface. These ground water levels shall be determined according to the requirements of section 2649(c);
(4) The hydraulic conductivity of the soil(s) between the underground storage tank and the monitoring wells or devices is at least 0.01 cm/sec (e.g., the soil consists of gravels, coarse to medium sands, or other permeable materials);
(5) The ground water proposed for monitoring has no present beneficial uses (e.g., domestic, municipal, industrial, agricultural supply) or is not hydraulically connected to ground or surface water which has actual beneficial uses; and
(6) Monitoring wells or devices are located within the excavation zone or as close to the excavation zone as feasible.
(c) Compliance with the conditions specified in subsection (b) shall be based on a site-assessment, including assessment of the areas within and immediately below the underground storage tank excavation zone. If ground water monitoring is approved as the sole release detection method of a non-visual monitoring program, the number and location of the monitoring wells and/or devices as approved by the local agency shall also be based on this site-assessment with minimum requirements as follows:
(1) Single tank - two wells, one at each end of the tank.
(2) Two or three tanks - three wells equally spaced.
(3) Four or more tanks - four wells, at least two of which shall be downgradient and the remainder equally spaced.
(4) Pipelines - additional wells, if needed, as determined by the local agency.
(d) Ground water monitoring shall be conducted at least monthly or continuously. Any continuous monitoring system shall be capable of detecting the presence of hazardous substance on top of the ground water in the monitoring well and shall allow periodic collection of samples. Ground water samples shall be analyzed by visual observation or field or laboratory analysis as approved by the local agency depending on the method of monitoring and the constituents being evaluated. The local agency may require periodic laboratory analysis where visual observation or field analysis does not provide an adequate degree of detection as compared to that of laboratory analysis. Sampling conducted which requires field or laboratory analysis shall comply with the minimum requirements of section 2649(g).
(e) The number, location, and depths of ground water monitoring wells shall be selected to achieve the objective specified in section 2641(a). Monitoring wells shall be located as close as possible to the underground storage tank or the perimeter of the underground storage tank cluster, subject to the review and approval of the local agency.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2649. Well Construction and Sampling Requirements.
Note • History
(a) Owners or operators who use a qualitative release detection method shall comply with the requirements of this section and any applicable requirements of sections 2644, 2647, and 2648.
(b) The installation of all monitoring wells and the drilling of all other borings shall be in accordance with local permitting requirements or, in their absence, with the following requirements:
(1) All monitoring wells and all other borings shall be logged during drilling according to the following requirements:
(A) Soil shall be described in the geologic log according to the Unified Soil Classification System as presented in Geotechnical Branch Training Manual Numbers 4, 5, and 6, published in January of 1986 (available from the Bureau of Reclamation, Engineering and Research Center, Attention: Code D-7923-A, Post Office Box 25007, Denver, Colorado 80225);
(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation;
(C) All wet zones above the water table shall be noted and accurately logged. Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log; and
(D) Geologic logs shall be prepared by a professional geologist or civil engineer, who is registered or certified by the State of California and who is experienced in the use of the Unified Soil Classification System. The geologic logs may also be prepared by a technician trained and experienced in the use of the Unified Soil Classification System who is working under the direct supervision of one of the aforementioned professionals, provided that the professional reviews the logs and assumes responsibility for the accuracy and completeness of the logs.
(2) All drilling tools shall be thoroughly steam cleaned immediately before each boring is started;
(3) All well casings, casing fittings, screens, and all other components that are installed in a well shall be thoroughly cleaned before installation;
(4) Soil and water sampling equipment and materials used to construct a monitoring well shall be compatible with the stored hazardous substance and shall not donate, capture, mask, or alter the constituents for which analyses will be made. All perforated casings used in the construction of monitoring wells shall be factory perforated;
(5) Drilling fluid additives shall be limited to inorganic, non-hazardous materials which conform to the requirements of subsection (b)(4). All additives used shall be accurately recorded in the boring log;
(6) Representative samples of additives, cement, bentonite, and filter media shall be retained for 90 calendar days for possible analysis for contaminating or interfering constituents;
(7) If evidence of contamination is detected by sight, smell, or field analytical methods, drilling shall be halted until a responsible professional determines if further drilling is advisable;
(8) All borings which are converted to vadose zone monitoring wells shall have the portion of the boring which is below the monitored interval sealed with approved grout;
(9) All borings which are not used for ground water or vadose zone monitoring shall be sealed from the ground surface to the bottom of the boring with an approved grout. All slurry-type grouts used to seal an abandoned boring or an abandoned well shall be emplaced by the tremie method; and
(10) All monitoring wells shall be clearly marked and secured to avoid unauthorized access and tampering. Surface seals may be required by the local agency.
(c) When installing a vadose zone or ground water monitoring well, the highest anticipated ground water level and existing ground water level shall be determined. Highest anticipated ground water levels shall be determined by reviewing all available water level records for wells within one mile of the site. Existing site ground water levels shall be established either by reviewing all available water level measurements taken within the last two years at all existing wells, within 500 feet of the underground storage tank which are perforated in the zone of interest, or by drilling at least one exploratory boring constructed as follows:
(1) The exploratory boring shall be drilled downgradient, if possible, and as near as possible to the underground storage tank within the boundaries of the property encompassing the facility, but no further than ten feet from the underground storage tank;
(2) The exploratory boring may be of any diameter capable of allowing the detection of first ground water;
(3) The exploratory boring shall be drilled to first perennial ground water, or to a minimum depth of 20 feet for vadose zone monitoring wells, or to a minimum depth of 30 feet for ground water monitoring wells if permitted by site lithology;
(4) If ground water is encountered, and ground water monitoring is the monitoring method, the boring shall be converted to a ground water monitoring well consistent with the provisions of this section; and
(5) If ground water is encountered, but ground water monitoring is not the monitoring method, or if the exploratory boring does not encounter ground water, the boring shall be sealed in accordance with the provisions of subsection (b)(9).
(d) In addition to the requirements of subsection (b), all ground water monitoring wells shall be designed and constructed according to the following minimum requirements:
(1) Ground water monitoring wells shall extend at least 20 feet below the lowest anticipated ground water level and at least 15 feet below the bottom level of the underground storage tank. However, wells shall not extend through laterally extensive impermeable zones that are below the water table and that are at least five feet thick. In these situations, the well shall be terminated one to two feet into the impermeable zone;
(2) Ground water monitoring wells shall be designed and constructed as filter packed wells that will prevent the migration of the natural soil into the well and with factory perforated casing that is sized to prevent migration of filter material into the well;
(3) Ground water monitoring well casings shall extend to the bottom of the boring and shall be factory perforated from a point of one foot above the bottom of the casing to an elevation which is either five feet above the highest anticipated ground water level or to within three feet of the bottom of the surface seal or to the ground surface, whichever is the lowest elevation;
(4) All well casings shall have a bottom cap or plug;
(5) Filter packs shall extend at least two feet above the top of the perforated zone except where the top two feet of the filter pack would provide cross-connection between otherwise isolated zones or where the ground surface is less than ten feet above the highest anticipated ground water level, the local agency may reduce the height of the filter pack so long as the filter pack extends at least to the top of the perforated zone. Under such circumstances, additional precautions shall be taken to prevent plugging of the upper portion of the filter pack by the overlying sealing material;
(6) Ground water monitoring wells shall be constructed with casings having a minimum inside diameter of two inches and shall be installed in a boring whose diameter is at least four inches greater than the outside diameter of the casing;
(7) Ground water monitoring wells shall be sealed in accordance with local permitting requirements or, in their absence, with the Department of Water Resources Standards for Well Construction (Reference Bulletins 74-81 and 74-90 on Water Well Standards are available from the Department of Water Resources, Sacramento);
(8) Seventy-two or more hours following well construction, all ground water monitoring wells shall be adequately developed and equilibrium shall be established prior to any water sampling;
(9) Well heads shall be provided with a water-tight cap and shall be enclosed in a surface security structure that protects the well from surface water entry, accidental damage, unauthorized access, and vandalism. Traffic lids shall be clearly marked as monitoring wells; and
(10) Pertinent well information including well identification, well type, well depth, well casing diameters (if more than one size is used), and perforated intervals shall be permanently affixed to the interior of the surface security structure and the well identification number and well type shall be affixed on the exterior of the surface security structure.
(e) In addition to the requirements of subsection (b), all vadose zone vapor monitoring wells shall be cased and sealed as follows:
(1) Well casings for vapor monitoring shall be fully perforated except for the portion adjacent to a surface seal and that portion used as a free liquid trap;
(2) Surface seals for vapor wells that are completed no more than five feet below the bottom of the underground storage tank and which are above any free water zones may be required at the discretion of the local agency on a site-specific basis;
(3) If surface seals for vapor wells are completed in or below a potential free water zone, the seal shall not extend below the top of the underground storage tank; and
(4) Vapor wells need not be sealed against infiltration of surface water if constructed wholly within backfill that surrounds the underground storage tank and which extends to the ground surface.
(f) Undisturbed (intact) soil samples shall be obtained from all borings for the installation of monitoring wells and all other borings and analyzed according to the following minimum requirements, unless the local agency waives this requirement under this subsection:
(1) Borings shall be drilled and sampled using accepted techniques which do not introduce liquids into the boring and which will allow the accurate detection of perched and saturated zone ground water. If this cannot be accomplished using acceptable techniques, the requirement for soil sampling may be waived by the local agency provided, however, that installation of the vadose zone or ground water monitoring system shall be completed; and provided further, that once below the water table, borings need not be advanced using the same method that was used in the vadose zone;
(2) Soil samples shall be obtained at intervals of five feet or less and at any significant change in lithology, beginning at the ground surface. Sampling is not required in unweathered bedrock which has little on no permeability;
(3) A soil sample shall be obtained at the termination depth of a dry boring regardless of the spacing interval;
(4) Soil samples shall be of sufficient volume to perform the designated analyses including soil vapor and soil extract analyses and to provide any specified replicate analyses;
(5) Soil samples shall be acquired, prepared, preserved, stored, and transported by methods that are appropriate for the objectives of the investigation which safeguard sample integrity and satisfy the requirements of subsection (g);
(6) Samples shall be analyzed in a State-certified laboratory by methods that provide quantitative or qualitative results. Lower detection limits shall be verified by the laboratory;
(7) Samples shall be analyzed for one or more of the most persistent constituents that have been stored in the underground storage tank. If the use of the underground storage tank has historically changed, samples shall be analyzed for at least one constituent from each period of use. If the hazardous substance is known to degrade or transform to other constituents in the soil environment, the analysis shall include these degradation and/or transformation constituents;
(8) If hazardous substances known or suspected to have been contained in the underground storage tank are detected at concentrations in excess of background concentrations (background concentrations shall be applicable only if the constituent occurs naturally at the site), further soil analysis is not necessary pursuant to this subsection. The hazardous substance(s) shall be assumed to have originated from the underground storage tank. In this situation, the remainder of the soil samples need not be analyzed pursuant to these regulations and the owner or operator shall comply with subdivision (9) below. A permit shall not be granted unless further detailed investigation clearly establishes that the underground storage tank is not the source of the hazardous substance or that it has been properly repaired since the unauthorized release and that any subsequent unauthorized release from the underground storage tank can be detected despite the presence of the hazardous substance already in the environment; and
(9) If soil analysis indicates that an unauthorized release has occurred, the owner or operator shall comply with the release reporting requirements of Article 5 and shall replace, repair, upgrade, or close the underground storage tank pursuant to the applicable provisions of this chapter.
(g) The qualitative release detection method shall include consistent sampling and analytical procedures, approved by the local agency, that are designed to ensure that monitoring results provide a reliable indication of the quality of the medium (e.g., ground water, soil-pore liquid, soil vapor, or soil) being monitored. Some acceptable procedures are listed as references in Appendix I, Table C. The owner or operator shall provide a written detailed description, to be specified in the permit and to be maintained as part of the records required under section 2712 of Article 10, of the procedures and techniques for:
(1) Sample collection (e.g., purging techniques, water level, sampling equipment, and decontamination of sampling equipment);
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain-of-custody control.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
HISTORY
1. New section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 5. Release Reporting and Initial Abatement Requirements
§2650. Reporting and Recording Applicability.
Note • History
(a) The requirements of this article apply to all owners or operators of one or more underground storage tanks storing hazardous substances.
(b) The owner or operator shall record or report any unauthorized release from the underground storage tank, and any spill or overfill, in accordance with the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Code and this article.
(c) The owner or operator of an underground storage tank with secondary containment shall record any unauthorized release described in section 25294 of the Health and Safety Code in accordance with section 2651.
(d) Owners or operators subject to the requirements of this article shall report all spills and overfills in accordance with section 2652.
(e) The owner or operator of an underground storage tank shall report to the local agency any unauthorized release described in sections 25295 and 25295.5 of the Health and Safety Code, and shall also record and report any of the following conditions in accordance with section 2652:
(1) Any unauthorized release recorded or reported under subsections (c) or (d) which the owner or operator is unable to clean up or which is still under investigation within eight hours of detection;
(2) The discovery by the owner or operator, local agency, or others of released hazardous substances at the site of the underground storage tanks or in the surrounding area. This includes the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface or drinking waters;
(3) Unusual operating conditions observed by the owner or operator including erratic behavior of product dispensing equipment, the sudden loss of product from the underground storage tank, or an unexplained presence of water in the tank, unless system equipment is found to be defective, but has not leaked, and is immediately repaired or replaced; and
(4) Monitoring results from a release detection method required under Article 3 or Article 4 that indicate a release may have occurred, unless the monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial results.
(f) The reporting requirements of this article are in addition to any reporting requirements in section 13271 of Division 7 of the California Water Code and other laws and regulations.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25294, 29295 and 25295.5, Health and Safety Code; 40 CFR 280.52.
HISTORY
1. Amendment of article heading, section heading and section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2651. Recording Requirements for Unauthorized Releases.
Note • History
(a) Owners or operators required by section 2650 to record a release or condition shall comply with the requirements of this section.
(b) The operator's monitoring records, as required under section 2712 of Article 10, shall include:
(1) The operator's name and telephone number;
(2) A list of the types, quantities, and concentrations of hazardous substances released;
(3) A description of the actions taken to control and clean up the release;
(4) The method and location of disposal of the released hazardous substances (the monitoring record shall indicate whether a hazardous waste manifest was or will be used);
(5) A description of the actions taken to repair the underground storage tank and to prevent future releases. If this involves a change as described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made.
(6) A description of the method used to reactivate the interstitial monitoring system after replacement or repair of the primary containment.
(c) The integrity of the secondary containment shall be reviewed for possible deterioration under the following conditions:
(1) Hazardous substance in contact with the secondary containment is not compatible with the material used for secondary containment;
(2) The secondary containment is prone to mechanical damage from the mechanical equipment used to remove or clean up the hazardous substance collected in the secondary containment; or
(3) Hazardous substances, other than those stored in the primary containment system, are added to the secondary containment to treat or neutralize the released hazardous substance and the added substance or resulting substance from such a combination is not compatible with the secondary containment.
(d) If a recordable unauthorized release becomes a reportable unauthorized release due to initially unanticipated facts (e.g., secondary containment is breached due to deterioration), the release shall be reported pursuant to section 2652.
(e) Whenever the local agency reviews the operator's monitoring reports and finds that one or more recordable unauthorized releases have occurred, the local agency shall review the information included in the monitoring records pursuant to subsection (a), shall review the permit, and may inspect the underground storage tank pursuant to section 2712 (e) and (f) of Article 10. If the local agency finds that the containment and monitoring requirements of Articles 3 or 4 can no longer be met, the local agency shall require the owner or operator to cease operation of the underground storage tank system until appropriate modifications are made to comply with the requirements of Articles 3 or 4, as appropriate.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25291, 25292, 25294 and 29295, Health and Safety Code; 40 CFR 280.52.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2652. Reporting, Investigation and Initial Response Requirements for Unauthorized Releases.
Note • History
(a) Owners or operators required under section 2650 to report a release or condition, shall comply with the requirements of this section.
(b) Within 24 hours after an unauthorized release or condition has been detected, or should have been detected, the owner or operator shall notify the local agency and shall investigate the condition, and take immediate measures to stop the release. If necessary, or if required by the local agency, the owner or operator shall remove the remaining stored substance from the tank to prevent further releases to the environment or to facilitate corrective action. If an emergency exists, the owner or operator shall also notify the State Office of Emergency Services.
(c) Within five working days of detecting an unauthorized release, the owner or operator shall submit to the local agency a full written report which shall include but not limited to all of the following information to the extent that the information is known at the time of filing the report:
(1) Owner's or operator's name and telephone number;
(2) A list of the types, quantities, and concentrations of hazardous substances released;
(3) The approximate date of the release;
(4) The date on which the release was discovered;
(5) The date on which the release was stopped;
(6) A description of the actions taken to control and/or stop the release;
(7) A description of the corrective and remedial actions, including investigations which were undertaken and will be conducted to determine the nature and extent of soil, ground water or surface water contamination due to the release;
(8) The method(s) of cleanup implemented to date, proposed cleanup actions, and a time schedule for implementing the proposed actions;
(9) The method and location of disposal of the released hazardous substance and any contaminated soils or ground water or surface water. Copies of any completed hazardous waste manifests for off-site transport of these media shall be attached to the report;
(10) A description of the proposed method(s) of repair or replacement of the primary and secondary containment. If this involves a change described in section 25286 of the Health and Safety Code, notification pursuant to that section shall be made.
(11) A description of additional actions taken to prevent future releases.
(d) Until investigation and cleanup are complete, the owner or operator shall submit reports to the local agency or Regional Water Quality Board, whichever agency is overseeing the cleanup, every three months or more frequently as specified by the agency. Reports shall include but not be limited to, an update of the required information in subsection (c), and the results of all investigation monitoring or other corrective actions which have occurred during the reporting period. Information required by sections 2653 and 2654 shall be submitted as part of the periodic report to the agency.
(e) The owner or operator shall conduct all necessary initial abatement and site characterization actions as required by sections 2653 and 2654 and shall take additional corrective action as required by Article 11.
(f) If the test results from either an investigation conducted under subsection (e) or from other procedures approved by the agency, fail to confirm that there has been an unauthorized release from the underground storage tank, no further investigation or corrective action is required.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286, 25288 and 29295, Health and Safety Code; 40 CFR 280.52-280.53.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2653. Initial Abatement Action Requirements.
Note • History
(a) Owners or operators required to conduct initial abatement in accordance with section 2652(e) shall comply with the following requirements:
(1) Remove as much of the hazardous substance from the underground storage tank as necessary to prevent further release to the environment.
(2) Visually inspect any above ground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils and ground water.
(3) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the underground storage tank excavation zone and entered into subsurface structures, such as sewers or basements.
(4) Remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, or abatement activities. If these remedies include treatment or disposal of soils, the owner or operator shall comply with applicable State and local requirements.
(5) Investigate to determine the possible presence of free product. If free product is present, begin removal thereof in accordance with section 2655.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.61 and 280.62.
HISTORY
1. New section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2654. Initial Site Characterization Requirements.
Note • History
(a) Owners or operators required to conduct initial site characterization in accordance with section 2652(e), shall comply with the requirements of this section.
(b) The owner or operator shall promptly gather information about the underground storage tank site and the nature of the unauthorized release, including information obtained while confirming the release or completing initial abatement and free product removal. This information shall include, but is not limited to, the following:
(1) Data on the nature and estimated quantity of release;
(2) Data from available sources and/or site investigations concerning the surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface utilities, climatological conditions, and land use.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.63.
HISTORY
1. New section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2655. Free Product Removal Requirements.
Note • History
(a) At sites where investigations made pursuant to section 2652 indicate the presence of free product, the owner or operator shall comply with the requirements of this section. The owner or operator shall remove free product to the maximum extent practicable, as determined by the local agency, while continuing to take any actions required under sections 2652 through 2654.
(b) Free product shall be removed in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site. The free product removal process shall result in proper treatment, discharge or disposal of recovery byproducts in compliance with applicable local, state and federal regulations.
(c) Abatement of free product migration shall be the predominant objective in the design of the free product removal system.
(d) Flammable products shall be handled in a safe manner consistent with state and local requirements.
(e) A free product removal report shall be submitted to the agency within 45 calendar days of release confirmation and shall include, but not be limited to:
(1) The name of the person(s) responsible for implementing the free product removal measures;
(2) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;
(3) The type of free product recovery system used;
(4) Whether any discharge will take place on-site or off-site during the recovery operation and, if so, where this discharge will be located;
(5) The type of treatment applied to, and the effluent quality expected in, any discharge;
(6) The steps that have been or are being taken to obtain necessary permits for the discharge; and
(7) The means of disposal and/or proposed disposition of the recovered free product.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25295, Health and Safety Code; 40 CFR 280.64.
HISTORY
1. New section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 6. Underground Storage Tank Repair and Upgrade Requirements
§2660. General Applicability of Article.
Note • History
(a) This article describes the requirements for repairing or upgrading underground storage tank systems. Upgrades and repairs shall be properly conducted in accordance with this article and any additional manufacturer's specifications.
(b) Section 2661 describes the requirements for repairing underground storage tanks, piping, or other underground storage tank system components that have caused an unauthorized release as defined in sections 25294 and 25295 of the Health and Safety Code.
(c) Section 2662(b) describes upgrade requirements for underground storage tanks containing hazardous substances other than motor vehicle fuel. Sections 2662(c), and (d) describe upgrade requirements for all underground storage tanks containing motor vehicle fuel. Underground storage tanks which contain motor vehicle fuel and which are constructed of fiberglass, other non-corrosive materials, steel clad with fiberglass, or steel clad with other noncorrosive materials, are not required to comply with the requirements of section 2662(c), but are required to meet the requirements of section 2662(d).
(d) Section 2663 describes the requirements for upgrading or repairing tanks using interior lining.
(e) Section 2664 describes the requirements for upgrading tanks using bladder systems.
(f) Section 2665 describes the upgrade requirements for spill and overfill prevention equipment.
(g) Section 2666 describes the upgrade requirements for underground piping.
(h) Upgrade requirements for underground storage tanks, spill and overfill prevention, and underground piping shall be completed no later than December 22, 1998. Requirements for under-dispenser containment, or under-dispenser spill control or containment systems, shall be completed no later than December 31, 2003.
(i) As a preventive measure, an owner or operator may upgrade any underground storage tank constructed of any material which is not under pressure and which contains motor vehicle fuel as specified in sections 2662(a), (c), and (e). Before upgrading in accordance with this subsection, the owner or operator shall prove to the satisfaction of the local agency that the underground storage tank system has not caused an unauthorized release. If soil samples are taken, the owner or operator shall notify the local agency in advance of taking the samples.
(j) Owners or operators shall maintain records of repairs, linings, and upgrades that demonstrate compliance with the requirements of this article for the remaining operating life of the tank.
(k) Local agencies shall not approve a repair or upgrade unless it can be demonstrated that the underground storage tank system is structurally sound and the method of repair or upgrade will prevent unauthorized releases due to structural failure or corrosion during the operating life of the underground storage tank system.
(l) The materials used in the repair or upgrading process shall be applied in accordance with nationally recognized engineering practices.
(m) Materials used in repairs and upgrades shall be compatible with the existing underground storage tank system materials and shall not be subject to deterioration due to contact with the hazardous substances being stored.
(n) Steel underground storage tanks that exhibit corrosion during the course of repair or upgrade shall comply with the cathodic protection requirements of section 2635(a)(2).
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284.1, 25292, 25292.1 and 25296, Health and Safety Code; 40 CFR 280.21, 280.33 and 281.32(d).
HISTORY
1. Amendment of article heading, repealer and adoption of new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (h) and Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
§2661. Requirements for Repairing Underground Storage Tank.
Note • History
(a) Before repairing an underground storage tank system, the owner or operator shall comply with applicable requirements of Article 5.
(b) Before repairing an underground storage tank system, the owner or operator shall demonstrate to the satisfaction of the local agency that the conditions and requirements specified in subsection 2660(k) will be met. When selecting a method of repair, the owner or operator shall take into consideration whether the cause of failure is isolated to the actual failure, is affecting other areas of the underground storage tank, or if any other cause of failure is affecting the primary container.
(c) A tank may be repaired once using the interior lining method specified in section 2663. A previously lined tank may not be repaired using the interior lining method.
(d) Holes in steel tanks shall be plugged using self-tapping bolts, boiler plugs, water-tight hydraulic cement, or by welding. In addition, holes in steel and fiberglass tanks shall be repaired as follows:
(1) Repair areas shall be covered with epoxy or isophthalic polyester based resin. The resin shall be compatible with the intended use of the tank.
(2) Fiberglass cloth with a minimum weight of 1.5 oz/yd that is silane-treated shall be worked completely into the resin base. The resin base shall be installed a minimum of two inches beyond the fiberglass cloth.
(3) All repairs shall include installation of fiberglass cloth with a minimum dimension of 12 x 12 inches centered over the area to be repaired. Larger repairs shall require the cloth to be large enough to provide cloth coverage of at least five inches of cloth bonded to the tank wall, measured from the outermost edge of the repair to the cloth's edge.
(4) A second layer of fiberglass cloth of the same weight as specified in subsection (d)(2) above, shall be installed directly over the primary cloth layer and shall be cut to overlap the primary patch by 1.5 inches on all sides.
(5) The repair shall be allowed sufficient cure time, as determined by the resin manufacturer, to provide an acceptable base for tank lining installation.
(e) Metal piping, pipe fittings, or tank fittings that have released product as a result of corrosion or other damage shall be replaced. Non-metal piping, pipe fittings, or tank fittings shall be repaired or replaced in accordance with manufacturer specifications.
(f) Tanks and piping which have been repaired shall be tested for tightness within 30 calendar days following the date of completion of the repair. Tanks or piping that fail this test shall be repaired in accordance with this section or closed in accordance with Article 7.
(g) A vapor or ground water monitoring system shall be installed to continuously monitor a tank repaired by lining for future unauthorized releases, in accordance with section 2647 or 2648, if no secondary containment system exists.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25296, Health and Safety Code; 40 CFR 280.33.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction of subsection (f) (Register 95, No. 43).
5. Amendment of subsection (c) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2662. Requirements for Upgrading Underground Storage Tanks.
Note • History
(a) Before upgrading an underground storage tank system, the owner or operator shall demonstrate to the satisfaction of the local agency that the conditions and requirements specified in subsection 2660(k) will be met.
(b) By December 22, 1998, all underground storage tanks containing hazardous substances other than motor vehicle fuel, shall be retrofitted with secondary containment meeting the requirements of Article 3.
(c) By December 22, 1998, owners of motor vehicle fuel tanks constructed of steel shall retrofit those tanks with secondary containment meeting the requirements of Article 3, or shall upgrade those tanks using one of the following options:
(1) Interior lining and cathodic protection:
(A) Interior lining shall be installed in accordance with section 2663 except those requirements pertaining to non-steel tanks; and
(B) Cathodic protection shall be designed, installed, and inspected as specified in section 2635(a)(2)(A). All cathodic protection wells shall be constructed in accordance with applicable state and local well regulations.
(2) Bladder system, and cathodic protection -
Bladder systems shall be installed in accordance with the requirements of section 2664.
(d) By December 22, 1998, owners shall install a wear plate (striker plate) which meets the criteria in section 2631(c) under all tank openings that could be used for manual dipsticking. A drop tube-mounted bottom protector may fulfill this requirement.
(e) An upgraded underground storage tank shall be closed in accordance with Article 7 at the end of the tank's operational life.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25291 and 25296, Health and Safety Code; 40 CFR 280.21.
HISTORY
1. Repealer and new section filed 8-9-91; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (c)(2) and repealer of subsections (c)(2)(A)-(B) filed 12-26-97 as an emergency; operative 12-26-97 (Register 97, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-97 order transmitted to OAL 4-22-98 and filed 6-2-98 (Register 98, No. 23).
§2663. Interior Tank Lining Requirements.
Note • History
(a) Tank lining may be used to satisfy part of the upgrade requirements of section 2662 or to repair a tank pursuant to section 2661. However, a tank that has been repaired using the interior lining method may not be repaired a second time with the interior lining method. The evaluations described in subsections (b) and (c) of this section shall be completed before the lining of a primary container may be authorized by the local agency. The local agency shall deny the proposed lining if the owner fails to demonstrate that the lined primary container will provide continued containment based on the evaluations described in subsections (b) and (c).
(b) Appropriate tests shall be conducted by a special inspector who shall certify that the shell will provide structural support if the tank is lined. A copy of this certification shall be provided by the owner to the local agency. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon of the following sets of procedures an criteria:
(1) If a tank is made of non-corrodible material, the following shall be performed:
(A) The tank shall be cleaned so that no residue remains on the tank wall surface;
(B) The special inspector shall take interior diameter measurements and, if the cross-section of the tank has compressed more than one percent of the original diameter, the tank shall neither be certified nor returned to service unless the tank is excavated and repaired to correct the compression;
(C) The special inspector shall conduct an interior inspection to identify any area where compression or tension cracking is occurring and shall determine whether additional fiberglass reinforcing is required for certification before the tank may be lined; and
(D) If the special inspector does not certify the tank as suitable for lining because it failed a test conducted in accordance with subdivisions (1)(A) through (C) of this subsection, the tank shall be closed in accordance with Article 7.
(2) If the tank is constructed of steel or steel clad with a non-corrodible material, the following shall be performed:
(A) The tank interior surface shall be abrasive-blasted completely free of scale, rust, and foreign matter; and,
(B) The entire tank interior shall be tested using a thickness gauge on a one-foot grid pattern with wall thicknesses recorded on a form that identifies the location of each reading. The tank shall be closed in accordance with Article 7 if the tank's average metal thickness is less than 75 percent of the original wall thickness or if the tank has any of the following defects:
1. An open seam or a split longer than three inches.
2. A perforation larger than one and one half inches in diameter except directly below a gauging opening at the bottom of a tank where the perforation shall be no longer than two and one half inches in diameter.
3. Five or more perforations in any one square-foot area.
4. Multiple perforations of which any single perforation is larger than one half inch in diameter.
(3) A test approved by the State Water Board as comparable to the tests specified in subsections (b)(1) or (2) above.
(c) The owner or operator shall demonstrate to the satisfaction of the local agency, based on the tests conducted in accordance with subsection (b) above, that a serious corrosion or structural problem does not exist. If the local agency or special inspector determines that a serious corrosion or structural problem exists, interior lining may be performed only if it can be demonstrated to the satisfaction of the local agency that new or additional corrosion protection will significantly minimize the corrosion and that the existing corrosion problem does not threaten the structural integrity or containment ability of the underground storage tank.
(d) Before lining a tank, thin areas or other flaws in the tank walls which need additional reinforcing shall be reinforced in accordance with section 2661(d).
(e) On and after August 9, 1992, the lining material and lining process shall be listed or certified by an independent testing organization based on voluntary consensus standards.
(f) Before being returned to service, any tank which has been lined shall be internally inspected by a coatings expert or special inspector for conformance with the standards under which the tank was lined. This inspection shall be conducted in accordance with section 2663(h) except for subdivisions (h)(3) and (h)(5).
(g) Following the lining process and before it is returned to service, the tank shall be given a tank integrity test.
(h) If a steel tank is lined for the purpose of satisfying the requirements of section 2662(c), or if any tank is repaired using the interior lining method, it shall be inspected by a coatings expert or special inspector within ten years of lining and every five years thereafter. Written certification of the inspection shall be provided by the tank owner and the party performing the inspection to the local agency within 30 calendar days of completion of the inspection. The inspection shall include all of the following:
(1) Determining that the tank has been cleaned so that no residue remains on the tank walls.
(2) Determining that the tank has been vacuum tested at a vacuum of 5.3 inches of Hg for no less than one minute. This vacuum test is not required if the tank is constructed of fiberglass and is submerged in groundwater by more than 50% of its depth.
(3) If the tank is constructed of fiberglass, taking interior diameter measurements to verify whether the cross-section has compressed by more than one percent of the original diameter.
(4) Visually checking the tank interior and lining for discontinuity, compression, tension cracking, and corrosion.
(5) For steel tanks, testing the entire tank interior using a thickness gauge on a one-foot grid pattern with metal wall thickness recorded on a form that identifies the location of each reading in order to verify that average metal thickness is greater than 75 percent of the original wall thickness.
(6) Testing for thickness and hardness of the lining in accordance with nationally recognized industry codes to verify that the lining meets the standards under which the lining was applied.
(7) For steel tanks, testing the lining using an electrical resistance holiday detector in accordance with nationally-recognized industry codes. The owner or operator shall have all holidays repaired and checked in accordance with nationally recognized industry codes.
(8) Certification from the special inspector or coatings expert that:
(A) the tank is suitable for continued use for a minimum of five years.
(B) the tank is suitable for continued use for a minimum of five years only if it is relined or other improvements are made.
(C) the tank is no longer suitable for continued use and shall be closed in accordance with Article 7.
(9) A lined tank shall be closed in accordance with Article 7 at the end of its operational life.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292, 25292.1 and 25296, Health and Safety Code; 40 CFR 280.21 and 280.33.
HISTORY
1. Repealer and new section filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.
§2664. Requirements for Using Bladder Systems.
Note • History
(a) Bladder systems may be installed in tanks which store motor vehicle fuel only, may be used to satisfy part of the upgrade requirements in section 2662, and shall be installed and operated in accordance with this section.
(b) Materials used in the bladder system and in the installation process shall be approved by an independent testing organization based on voluntary consensus standards, an industry code, or engineering standard for the applicable use of the bladder system. Evidence of this approval shall be provided to the local agency before the local agency authorizes the installation. The following conditions shall be met:
(1) The bladder system shall be installed under the direct supervision of a representative of the bladder system fabricator or a contractor certified by the fabricator.
(2) The entire interstitial space between the tank and the bladder shall be monitored in accordance with subsection 2632(c)(2).
(3) Materials used in the bladder system shall be product-tight and compatible with the substance stored.
(4) The bladder system shall include an internal striker plate (wear plate) which meets the requirements of section 2631(c).
(5) If the underground storage tank is constructed of steel, cathodic protection shall be installed in accordance with section 2635(a)(2)(A) and, before installing a bladder system, a special inspector shall certify that the underground storage tank has sufficient structural integrity to seal the interstitial space between the bladder and the underground storage tank and provide secondary containment. The special inspector shall make this certification by entering and inspecting the entire interior surface of the tank and shall base this certification upon the set of procedures and criteria specified in section 2663(b)(2), except that abrasive blasting is only required to the extent deemed necessary by manufacturers' specifications, or the special inspector, to assess the structural integrity of the underground storage tank.
(6) The bladder installer shall certify in writing to the local agency that sufficient measures have been taken to minimize or eliminate the potential for the underground storage tank or interstitial monitoring system components to puncture the bladder.
(7) Before installing a bladder, thin areas or other flaws in the underground storage tank walls that need additional reinforcing shall be reinforced in accordance with section 2661(d).
(8) If required by manufacturers' specifications or the special inspector, the underground storage tank shall be lined in accordance with section 2663 prior to installation of the bladder only to the thickness deemed necessary by the more stringent requirement of the manufacturers' specifications or the special inspector.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.1, Health and Safety Code; 40 CFR 280.21, 280.32(d) and 281.33.
HISTORY
1. Repealer and new section filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.
2. New subsections (b)(5)-(8) and repealer of subsection (c) filed 12-26-97 as an emergency; operative 12-26-97 (Register 97, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-27-98 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of subsections (b)(7) and (b)(8) (Register 98, No. 23).
4. Certificate of Compliance as to 12-26-97 order transmitted to OAL 4-22-98 and filed 6-2-98 (Register 98, No. 23).
§2665. Spill and Overfill Prevention Equipment Upgrade Requirements.
Note • History
By December 22, 1998, all underground storage tank systems shall be retrofitted with an overfill prevention system and a spill container which meet the requirements of section 2635(b). The local agency may waive the requirements for overfill prevention equipment if the conditions specified in section 2635(b)(3) are met.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25292 and 25292.1, Health and Safety Code; 40 CFR 280.21.
HISTORY
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2666. Requirements for Upgrading Underground Piping.
Note • History
(a) By December 22, 1998, all underground piping containing hazardous substances other than motor vehicle fuel shall be retrofitted with secondary containment meeting the requirements of section 2636.
(b) By December 22, 1998, all underground piping containing motor vehicle fuel and connected to an existing tank shall be retrofitted with secondary containment unless the owner or operator demonstrates to the local agency that the piping is constructed of fiberglass reinforced plastic, cathodically protected steel, or other materials compatible with stored products and resistant to corrosion. The secondary containment system shall meet the construction, installation, and monitoring requirements of section 2636.
(c) By December 22, 1998, all automatic line leak detectors for underground pressurized piping which is not secondarily contained shall be capable of shutting off the pump when a release occurs. In addition, the pumping system shall shut down automatically if the automatic line leak detector fails or is disconnected. In lieu of the above, for underground storage tank emergency generator systems, the leak detector must be connected to an audible and visible alarm to indicate a release malfunction of the system.
(d) All underground piping and secondary containment shall be tested for tightness after installation in accordance with section 2636(e).
(e) By December 31, 2003, all existing underground storage tanks shall be retrofitted with under-dispenser containment, or an under-dispenser spill containment or control system. The under-dispenser containment or under-dispenser spill containment or control system shall meet, where applicable, the requirements of 2636(g).
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284.1, 25292 and 25292.1, Health and Safety Code; 40 CFR 280.21.
HISTORY
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
2. New subsection (e) and amendment of Note filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20).
3. Amendment of subsection (e) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
Article 7. Underground Storage Tank Closure Requirements
§2670. General Applicability of Article.
Note • History
(a) This article defines temporary and permanent underground storage tank closure and describes the nature of activities which shall be accomplished in order to protect water quality in each of these situations.
(b) The temporary closure requirements of section 2671 shall apply to those underground storage tanks in which the storage of hazardous substances has ceased but the underground storage tank will again be used for the storage of hazardous substances within the next 12 consecutive months. At the end of 12 consecutive months during which the tank is temporarily closed, the local agency may approve an extension of the temporary closure period for a maximum additional period of up to 12 months. Owners and operators shall complete a site assessment in accordance with section 2672(d) before an extension may be granted by the local agency. The temporary closure requirements of section 2671 do not apply to underground storage tanks that are empty as a result of the withdrawal of all stored substances during normal operating practice prior to the planned input of additional hazardous substances.
(c) The permanent closure requirements of section 2672 shall apply to those underground storage tanks in which the storage of hazardous substances has ceased and the tanks will not be used, or are not intended for use, for the storage of hazardous substances within the next 12 consecutive months.
(d) The requirements of this article do not apply to those underground storage tanks in which hazardous substances continue to be stored but no input or withdrawals are being made. In these cases, the applicable containment and monitoring requirements of Articles 3 or 4 shall continue to apply.
(e) During the period of time between cessation of hazardous substance storage and actual completion of underground storage tank closure pursuant to section 2671 or 2672, the applicable containment and monitoring requirements of Articles 3 or 4 shall continue to apply. The time period between cessation of hazardous substance storage and application for temporary or permanent tank closure shall not exceed 90 calendar days. Closure shall be completed within a reasonable time period as determined by the local agency.
(f) At least 30 calendar days prior to closure, or within a shorter period of time approved by the local agency, the owner or operator who intends to close a tank shall submit to the local agency for approval, a proposal for compliance with section 2671 or 2672, as appropriate.
(g) Underground storage tanks that have had an unauthorized release do not qualify for temporary closure pursuant to section 2671 until the owner or operator demonstrates to the satisfaction of the local agency that appropriate authorized repairs have been made which make the underground storage tank capable of storing hazardous substances in accordance with the permit issued by the local agency.
(h) Underground storage tanks that have emitted an unauthorized release and that cannot be repaired by authorized methods shall be permanently closed pursuant to requirements of section 2672.
(i) Decommissioned tanks and underground storage tanks, permanently closed on-site by cleaning and filling with an inert solid prior to January 1, 1984, need not comply with the closure requirements in this section unless required by the local agency. However, hazardous substances released from such tanks before or after the closure, shall be reported by the owner pursuant to Article 5 and shall be cleaned up pursuant to section 13304 of the Water Code, Article 11 of these regulations, and any other applicable law or regulations.
(j) A regulated tank shall be subject to the requirements of subsections (d) and (e) of section 2672 before the local agency may grant exempt status to the tank.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25298, Health and Safety Code; 40 CFR 280.70, 280.71, 280.73 and 280.74.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading, section heading, text and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2671. Temporary Closure Requirements.
Note • History
(a) An owner or operator shall comply with all of the following requirements to complete and maintain temporary closure of an underground storage tank:
(1) All residual liquid, solids, or sludges shall be removed and handled in accordance with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted, as often as necessary, to levels that will preclude an explosion or to lower levels as required by the local agency.
(3) The underground storage tank may be filled with a noncorrosive liquid that is not a hazardous substance. This liquid shall be tested and the test results submitted to the local agency prior to removal from the underground storage tank at the end of the temporary closure period.
(4) Except for required venting, all fill and access locations and piping shall be sealed using locking caps or concrete plugs.
(5) Power service shall be disconnected from all pumps associated with the use of the underground storage tank unless the power services some other equipment which is not being closed, such as the impressed-current cathodic protection system.
(b) The monitoring required pursuant to the permit may be modified by the local agency during the temporary closure period. In making a decision to modify monitoring requirements, the local agency shall consider the need to maintain monitoring in order to detect unauthorized releases that may have occurred during the time the underground storage tank was used but that have not yet been detected. In all cases, corrosion protection shall continue to be operated.
(c) The underground storage tank shall be inspected by the owner or operator at least once every three months to verify that the temporary closure measures are still in place. The inspection shall include but is not limited to the following:
(1) Visual inspection of all locked caps and concrete plugs.
(2) If locking caps are used, at least one shall be removed to determine if any liquids or other substances have been added to the underground storage tank or if there has been a change in the quantity or type of liquid added pursuant to subsection (a)(3) of this section.
(d) At the end of a temporary closure period over 12 months, including any extension granted by the local agency, the owner may reuse the underground storage tank only if the tank meets the requirements of Article 3 for new underground storage tanks or is upgraded to meet the requirements of Article 6.
(e) All new and existing underground storage tank systems which have been temporarily closed must continue to comply with repair and recordkeeping requirements, release reporting and investigation requirements, and release response and corrective action requirements specified in this chapter and Chapter 6.7 of the Health and Safety Code.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25298, Health and Safety Code; 40 CFR 280.70 and 281.36(a)(1).
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2672. Permanent Closure Requirements.
Note • History
(a) Owners or operators of underground storage tanks subject to permanent closure shall comply with either subsection (b) for underground storage tank removal or subsection (c) for closure in place. It is not essential that all portions of an underground storage tank be permanently closed in the same manner; however, all closure actions shall be conducted in accordance with this section. Subsections (d) and (e) apply to all underground storage tanks subject to permanent closure.
(b) Owners or operators of underground storage tanks subject to permanent closure shall comply with applicable provisions of Chapter 6.5 of Division 20 of the Health and Safety Code and with the following requirements:
(1) All residual liquid, solids, or sludges shall be removed and handled as hazardous wastes or recyclable materials in accordance with Chapter 6.5 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as required by the local agency.
(3) When an underground storage tank or any part thereof is disposed of, the owner or operator shall document to the local agency that proper disposal has been completed. This documentation shall be submitted within the time frame specified by the local agency.
(4) An owner or operator of an underground storage tank or any part thereof that is destined for a specific reuse shall advise the local agency, within the time frame specified by that agency, of:
(A) The name of the new owner and new operator of the underground storage tank;
(B) The location of intended use; and
(C) The nature of intended use.
(c) Owners or operators of underground storage tanks subject to permanent closure where the tanks are approved to be closed in place shall comply with the applicable provisions of Chapters 6.5 and 6.7 of Division 20 of the Health and Safety Code and with the following requirements:
(1) All residual liquid, solids, or sludges shall be removed and handled as a hazardous waste or recyclable materials in accordance with Chapters 6.5 and 6.7 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, it shall be inerted to levels that shall preclude explosion or to lower levels as may be required by the local agency.
(3) All piping associated with the underground storage tank shall be removed and disposed of unless removal might damage structures or other pipes that are being used and that are contained in a common trench, in which case the piping to be closed shall be emptied of all contents and capped.
(4) The underground storage tank, except for piping that is closed in accordance with subdivision (3), shall be completely filled with an inert solid, unless the owner intends to use the underground storage tank for the storage of a nonhazardous substance which is compatible with the previous use and construction of the underground storage tank.
(d) The owner or operator of an underground storage tank being closed pursuant to this section shall demonstrate to the satisfaction of the local agency that no unauthorized release has occurred. This demonstration shall be based on soil sample analysis and/or water analysis if water is present in the excavation. This analysis shall be performed during or immediately after closure activities. If the demonstration is based on soil sample analysis, soil samples shall be taken and analyzed as follows:
(1) If the underground storage tank or any portion thereof is removed, soil samples shall be taken immediately beneath the removed portions of the tank, a minimum of two feet into native material at each end of the tank in accordance with section 2649. A separate sample shall be taken for each 20 linear-feet of trench for piping.
(2) If the underground storage tank or any portion thereof is not removed, at least one boring shall be taken as close as possible to the midpoint beneath the tank using a slant boring (mechanical or manual), or other appropriate method such as vertical borings drilled on each long dimensional side of the tank as approved by the local agency.
(3) Soils shall be analyzed in accordance with section 2649 for all constituents of the previously stored hazardous substances and their breakdown or transformation products. The local agency may waive the requirement for analysis of all constituents, breakdown or transformation products when key constituents that pose a significant threat to water quality or the environment can be identified for analysis.
(e) The detection of any reportable unauthorized release shall require compliance with the applicable requirements of Articles 5 and 11.
NOTE
Authority cited: Sections 25299.3, 25299.7 and 25299.77, Health and Safety Code. Reference: Sections 25298 and 25299.37, Health and Safety Code; 40 CFR 280.60 through 280.67, 280.71 and 281.36.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 8. Site-Specific Variance Procedures
§2680. General Applicability of Article.
Note • History
(a) This article sets forth procedures for site-specific variances from the requirements for the construction and monitoring of new and existing underground storage tanks as described in Chapter 6.7 of Division 20 of the Health and Safety Code and Articles 3 and 4 of this chapter. A site-specific variance, if approved, would apply only to the specific site(s) approved for a variance. These procedures are in addition to those established by the appropriate sections of Chapter 6.7 of Division 20 of the Health and Safety Code.
(b) Section 2681 specifies the procedures that shall be followed by the applicant, local agency, and the Regional Water Quality Board for site-specific variance requests.
NOTE
Authority cited: Sections 25299.3, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
HISTORY
1. Amendment of section heading and subsections (a) and (b) filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading, section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2681. Site-Specific Variances.
Note • History
(a) A site-specific variance allows an alternative method of construction or monitoring which would be applicable at one or more sites within a local agency's jurisdiction. Application for a site-specific variance shall be made to the appropriate Regional Water Quality Board.
(b) Prior to applying to the Regional Water Quality Board for a variance, the applicant shall submit a complete construction and monitoring plan to the local agency. The proposed alternative construction or monitoring methods which may require a variance shall be clearly identified. If the local agency decides that a variance would be necessary to approve the specific methods or if the local agency does not act within 60 calendar days of receipt of a complete construction and monitoring plan from the applicant, the applicant may submit the variance application to the Regional Water Quality Board.
(c) An application for a site-specific variance shall include, but is not limited to:
(1) A description of the provision from which the variance is requested.
(2) A detailed description of the complete construction and monitoring methods to be used. The proposed alternative program, method, device, or process shall be clearly identified.
(3) Any special circumstances on which the applicant relies to justify the findings necessary for the variance, as prescribed by the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code.
(4) Clear and convincing evidence that the proposed alternative will adequately protect the soil and the beneficial uses of waters of the state from an unauthorized release.
(5) Any environmental information or documentation requested by the Regional Water Quality Board pursuant to the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code).
(6) A list including names and addresses of all persons known to the applicant who may be affected by or may be interested in the variance request.
(7) A fee not to exceed $2,750 for variance requests at one site. A fee not to exceed $5,500 for variance requests at more than one site within one local agency's jurisdiction.
(d) The Regional Water Quality Board shall review all applications submitted and shall notify the applicant in writing within 30 calendar days of receipt of the application whether the application is complete.
(e) The Regional Water Quality Board shall hold a hearing on the proposed variance as specified in section 25299.4(c) of the Health and Safety Code.
(f) Any site-specific variance shall prescribe appropriate additional conditions and shall describe the specific alternative system for which the variance is being granted. The Regional Water Quality Board shall notify the applicant, the local agency, and the State Water Board of its decision.
(g) If the variance is approved, the local agency shall issue a permit to the applicant which includes the conditions prescribed by the Regional Water Quality Board. A local agency shall not modify the permit unless it determines that the modification is consistent with the variance that has been granted.
(h) The Regional Water Quality Board shall modify or revoke a variance upon a finding that the proposed alternative does not adequately protect the soil and the beneficial uses of the waters of the state from an unauthorized release. The Regional Water Quality Board shall not modify nor revoke the variance until it has followed procedures comparable to those prescribed in this section and Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulations. The Regional Water Quality Board shall notify the local agency and the State Water Board of the modification or revocation. The local agency shall modify or revoke the permit for the site.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
HISTORY
1. Repealer and renumbering and amendment of former section 2682 to section 2681 filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.
§2682. Site-Specific Variances.
Note • History
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Renumbering of former section 2682 to section 2681 filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 9. Local Agency Requests for Additional Design and Construction Standards
§2690. General Applicability of Article.
Note • History
This article sets forth procedures by which local agencies may request State Water Board authorization for design and construction standards other than those set by Article 3. These procedures are in addition to those established by Chapter 6.7 of Division 20 of the Health and Safety Code.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25299.2 and 25299.4, Health and Safety Code.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading, section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2691. Procedures for Requesting Additional Standards.
Note • History
(a) A local agency application for additional design and construction standards shall include:
(1) A description of the proposed design and construction standards which are in addition to those described in Article 3 of this chapter.
(2) Clear and convincing evidence that the additional standards are necessary to protect the soil and beneficial uses of the waters of the state from unauthorized releases.
(3) Any documents required by the California Environmental Quality Act (Division 13, commencing with section 21000 of the Public Resources Code).
(4) An initial fee of $5,500.
(b) The applicant shall be required to pay a fee based on the actual costs of considering the application. The State Water Board will bill the applicant for additional costs or refund any unused portion of the initial fee.
(c) The State Water Board shall conduct an investigation and public hearing on the proposed standards and the need to protect the soil and beneficial uses of the water before determining whether to authorize the local agency to implement additional standards.
(d) The State Water Board may modify or revoke a previously issued authorization allowing the implementation of additional standards if it finds that, based on new evidence, the additional standards are not necessary to adequately protect the soil and beneficial uses of the waters of the state from unauthorized releases. The State Water Board shall neither modify nor revoke the authorization until it has followed procedures comparable to those in Chapters 1.5 and 6 of Division 3 of Title 23 of the California Code of Regulation.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25299.4, Health and Safety Code.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 10. Permit Application, Quarterly Report and Trade Secret Request Requirements
§2710. General Applicability of Article.
Note • History
(a) This article describes specific administrative actions that shall be undertaken by all underground storage tank owners, local agencies, and the State Water Board relative to issuing permits for underground storage tanks. These steps are in addition to those established by Chapter 6.7 of Division 20 of the Health and Safety Code.
(b) Section 2711 lists the information that shall be submitted by the underground storage tank owner or representative to the local agency as part of the permit application.
(c) Section 2712 describes the conditions associated with a permit for the operation of an underground storage tank and the conditions which local agencies shall meet before issuing permit.
(d) Section 2713 describes the local agency reporting requirements for unauthorized releases.
(e) Section 2714 specifies conditions that shall be met by an underground storage tank owner or operator when requesting trade secret protection for any information submitted to the local agency, State Water Board, or Regional Water Quality Board. The section also specifies how those agencies shall consider the request and how they shall maintain the information if the trade secret request is accepted.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25290 and 25293, Health and Safety Code.
HISTORY
1. Amendment of article and section headings and text filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading and section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§2711. Information and Application for Permit to Operate an Underground Storage Tank.
Note • History
(a) The permit application shall include, but not be limited to, the following information to the extent such information is known to the permit applicant:
(1) The name and address of the person who owns the underground storage tank or tanks.
(2) The name, location, mailing address, and telephone number where the underground storage tank is located, and type of business involved, if any.
(3) The name, address, and telephone numbers of the underground storage tank operator and 24-hour emergency contact person.
(4) The name and telephone number of the person making the application.
(5) A description of the underground storage tank including, but not limited to, the underground storage tank manufacturer, date of installation and tank capacity.
(6) Construction details of the underground storage tank and any auxiliary equipment including, but not limited to, type of primary containment, type of secondary containment (if applicable), spill and overfill prevention equipment, interior lining, and corrosion protection (if applicable).
(7) A description of the piping including, but not limited to, the type of piping system, construction, material, corrosion protection and leak detection.
(8) A scaled diagram or design or as-built drawing which indicates the location of the underground storage tank (underground storage tank, piping, auxiliary equipment) with respect to buildings or other landmarks.
(9) The description of the proposed monitoring program including, but not limited to, the following where applicable:
(A) Visual inspection procedures;
(B) Underground storage tank release detection methods or inspection procedures;
(C) Inventory reconciliation including gauging and reconciliation methods;
(D) Piping leak detection methods;
(E) Vadose zone sampling locations, and methods and analysis procedures;
(F) Ground water well(s) locations construction and development methods, sampling, and analysis procedures; and
(10) A list of all the substances which have been, are currently, or are proposed to be stored in the underground storage tank or tanks.
(11) Documentation to show compliance with state and federal financial responsibility requirements applicable to underground storage tanks containing petroleum.
(12) If the owner or operator of the underground storage tank is a public agency, the application shall include the name of the supervisor of the division, section, or office which operates the underground storage tank.
(13) The permit application shall be signed by:
(A) The underground storage tank owner, underground storage tank operator, facility owner or facility operator, or a duly authorized representative of the owner; or,
(B) If the tank or facility is owned by a corporation, partnership, or public agency, the application shall be signed by:
1. A principal executive officer at the level of vice-president or by an authorized representative. The representative shall be responsible for the overall operation of the facility where the underground storage tank(s) are located; or,
2. A general partner proprietor; or,
3. A principal executive officer, ranking elected official, or authorized representative of a public agency.
(b) The owner or operator shall inform the local agency of any changes to the information provided in accordance with subsection (a) within 30 calendar days unless required to obtain approval before making the change.
(c) The permit applications, “Underground Storage Tank Operating Permit Application--Facility Information,” “Underground Storage Tank Operating Permit Application--Tank Information,” and “Underground Storage Tank Monitoring Plan” in Title 27, Division 3, Subdivision 1, Chapter 6, shall be accompanied by the local government and state surcharge fees.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25287, Health and Safety Code.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a)(13)(A)-(B) and (c) and repealer of subsection (d) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
Note • History
(a) As a condition of any permit to operate an underground storage tank, the owner or operator shall comply with the reporting and recording requirements for unauthorized releases specified in Article 5.
(b) Written monitoring and maintenance records shall be maintained on-site or off-site at a readily available location, if approved by the local agency, for a period of at least 3 years, 6 1/2 years for cathodic protection maintenance records, and 5 years for written performance claims pertaining to release detection systems, and calibration and maintenance records for such systems. Records of repairs, lining, and upgrades shall be maintained on site or at another approved location for the remaining life of the underground storage tank. These records shall be made available, upon request within 36 hours, to the local agency or the State Water Board. Monitoring records shall include:
(1) The date and time of all monitoring or sampling;
(2) Monitoring equipment calibration and maintenance records;
(3) The results of any visual observations;
(4) The results of all sample analysis performed in the laboratory or in the field, including laboratory data sheets and analysis used;
(5) The logs of all readings of gauges or other monitoring equipment, ground water elevations, or other test results; and
(6) The results of inventory readings and reconciliations.
(c) A permit to operate issued by the local agency shall be effective for 5 years. In addition to other information specified by the local agency, the permit shall include the permit expiration date, monitoring requirements, and the state underground storage tank identification number(s) for which the permit was issued. Before a local agency issues a new permit or renewal to operate an underground storage tank the local agency shall inspect the underground storage tank and determine that it complies with the provisions of these regulations.
(d) Permits may be transferred to new underground storage tank owners if: (1) the new underground storage tank owner does not change conditions of the permit, (2) the transfer is registered with the local agency within 30 days of the change in ownership, and (3) state permit application forms are completed to show the changes. Transferred permits shall expire and be renewed on the original expiration date. A local agency may review, modify, or terminate the permit to operate the underground storage tank upon receiving an ownership transfer request.
(e) The local agency shall not renew an underground storage tank permit unless the underground storage tank has been inspected by the local agency or a special inspector within the previous 12 months and the inspection verified that the underground storage tank complied with the provisions of Article 3 or 4, as applicable, and with all existing permit conditions. The inspection shall be conducted as specified in section 25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the inspection indicated noncompliance then the local agency shall verify by a follow-up inspection that all required corrections have been implemented before renewing the permit.
(f) Within 30 calendar days of receiving an inspection report from either the local agency or the special inspector, the permit holder shall implement the corrections specified in the inspection report and comply with the permit conditions. The corrective action shall include all of the recommendations made by the local agency or special inspector. The local agency may waive the implementation of any of the special inspector's recommendations based on a demonstration by the permit holder to the local agency's satisfaction that failure to implement the recommendation will not cause an unauthorized release.
(g) The local agency shall take appropriate enforcement action pursuant to section 25299 of the Health and Safety Code or prohibit the operation of the tank systems if the owner or operator fails to comply with the monitoring requirements in Article 3 or 4 or the reporting requirements of Article 5.
(h) The local agency shall provide the permittee with a written list of all applicable requirements of Chapter 6.7 and 6.75 of the Health and Safety Code and these regulations.
(i) A copy of the permit and all conditions and attachments, including monitoring plans, shall be retained at the facility.
(j) All primary containment shall be product-tight.
(k) Owners and operators shall use care to prevent releases due to spilling or overfilling. Before product is delivered, owners, operator, or their agents shall ensure that the space available in the tank is greater than the volume of product to be transferred to the tank and shall ensure that the transfer operation is monitored constantly to prevent overfilling and spilling.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25284, 25285, 25286, 25288, 25289, 25293 and 25294, Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45 and 281.32(e).
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsection (c) and Note filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 2000, No. 24).
6. Reinstatement of section as it existed prior to 10-27-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 24).
7. Change without regulatory effect amending subsection (e) filed 4-3-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 14).
8. Amendment of subsections (e) and (f) filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
§2712.1. Content of Upgrade Compliance Certificates.
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
§2712.2. Issuing Upgrade Compliance Certificates.
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
§2712.3. Displaying Upgrade Compliance Certificates.
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
§2712.4. Replacing Upgrade Compliance Certificates.
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
§2712.5. Lists of Underground Storage Tank Facilities.
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
Note • History
NOTE
Authority cited: Section 25299.3, Health and Safety Code; Reference: Sections 25284 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 24).
§2713. Local Agency Reporting Requirements.
Note • History
(a) Each local agency shall transmit unauthorized release information, submitted by the owner or operator, to the appropriate regional board.
(b) Local agencies shall transmit unauthorized release update report information, submitted by the owner or operator pursuant to section 2712, to the appropriate regional board for sites where they are overseeing cleanup. Local agencies shall transmit this unauthorized release update information on a quarterly schedule established by the board.
(c) On a semi-annual basis, each local agency shall send to the board, information pertaining to local underground storage tank program implementation and enforcement activities. This information shall be submitted using “Semi-Annual Underground Storage Tank Program Report 6” as specified in Title 27, section 15290, and shall include, but not be limited to the number of:
(1) tanks subject to regulation
(2) regulated facilities
(3) facility inspections conducted
(4) inspected facilities in compliance with release detection and release prevention requirements
(5) underground storage tank systems that received a red tag pursuant to Article 10.5, including:
(A) the name and address of the facility at which the tank system is located;
(B) the names of the owner and operator of the tank system;
(C) the red tag's identification number;
(D) the date the red tag was affixed to the tank system;
(E) the specific violation for which the tank system received the red tag;
(F) the date the red tag was removed from the tank system.
(d) Local agencies shall report formal and informal enforcement actions using “Annual Enforcement Summary Report 4” as specified in Title 27, section 15290.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25286 and 25292.3, Health and Safety Code.
HISTORY
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of section heading, section and Note filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
5. Amendment of subsections (c) and (c)(4), repealer of subsection (c)(5), subsection renumbering and new subsection (d) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§2714. Trade Secret Provisions.
Note • History
(a) Any person making an application for a permit to operate an underground storage tank, for renewal of the permit or application for a site-specific variance, shall identify all information which the person believes is a trade secret and submit a legal justification for the request for confidentiality. The information which shall be submitted includes, but is not limited to:
(1) Identification of those portions of the information which are believed to be trade secrets;
(2) The length of time this information should be treated as confidential;
(3) Measures that have been taken to protect this information as confidential; and
(4) A discussion of why this information is subject to trade secret protection, including references to statutory and case law as appropriate.
(b) If the local agency, the State Water Board, or the Regional Water Quality Board (collectively referred to as “agency” for the purposes of this section) determines that a request for trade secret protection is clearly valid, the material shall be given trade secret protection as discussed in subsection (f) of this section.
(c) If the agency determines that the request for trade secret protection is clearly frivolous, it shall send a letter to the applicant stating that the information will not be treated as a trade secret unless the agency is instructed otherwise by a court within 10 working days of the date of the letter.
(d) If the validity of the request for trade secret protection is unclear, the agency will inform the person claiming trade secrecy that the burden is on him or her to justify the claim. The applicant shall be given a fixed period of time to submit the additional information as the agency may request. The agency shall then evaluate the request on the basis of the definition of “trade secrets” contained in the appropriate section of Chapter 6.7 of Division 20 of the Health and Safety Code and shall issue its decision. If the agency determines that the information is not a trade secret, it shall act in accordance with subsection (c) of this section.
(e) All information received for which trade secrecy status is requested shall be treated as confidential as discussed in subsection (f) of this section until a final determination is made.
(f) Information which has been found to be confidential or which is being reviewed to determine if confidentiality should exist, shall be immediately filed in a separate “confidential” file. If a document or portion of a document is filed in a confidential file, a notation shall be filed with the file document indicating that further information is in the confidential file.
(g) Information contained in confidential files shall only be disclosed to authorized representatives of the applicant or other governmental agencies in connection with the agency's responsibilities pursuant to Chapter 6.7 of the Health and Safety Code or Division 7 of the Water Code.
(h) Nothing contained herein shall limit an applicant's right to prevent disclosure of information pursuant to other provisions of law.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25290, Health and Safety Code.
HISTORY
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Appendix I
Table A
Suggested Test Methods
Applicable to Regulatory Requirements
Section
Number
2631(d)(6) ASTM D-751, “Coated Fabrics”
(1989)
ASTM D-1004 “Initial Tear Resistance of
(1988) Plastic Film and Sheeting”
2631(d)(6) ASTM D-413, “Rubber Property - Adhesion
(1982) to Flexible Substrate”
ASTM D-471 “Rubber Property - Effect of
(1979) Liquids”
ASTM D-638 “Tensile Properties of Plastics”
(1989)
ASTM E-96 “Water Vapor Transmission
(1980) of Materials”
2631(d)(6) FTMS 101C “Puncture Resistance and
Method 2065 Elongation Test (1/8 inch
(1980) Radius Probe)”
2631(d)(6) FTMS 101C “Puncture Resistance”
Method 2031
(1980)
Table B
Organizations That Adopt
Voluntary Consensus Standards
ANSI American National Standards Institute
1430 Broadway New York, NY 10018
(212) 642-4900
API American Petroleum Institute
1220 L Street, N.W. Washington, D.C. 20005
(202) 682-8000
ASME The American Society of Mechanical Engineers
345 East 47th Street New York, NY 10017
(212) 705-7800
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
(215) 299-5400
NACE National Association of Corrosion Engineers
1440 South Creek Drive
Katy, TX 77450
(713) 492-0535
NFPA National Fire Protection Association
Batterymarch Park
Quincy, MA 02269
(800) 244-3555
NLPA National Leak Prevention Association
P.O. Box 1643
Boise, ID 83701
(208) 389-2074
NSF National Sanitation Foundation
3475 Plymouth Road
Post Office Box 1468
Ann Arbor, MI 48106
(313) 769-8010
UL Underwriters Laboratories
333 Pfingsten Road
Northbrook, IL 60062
(708) 272-8800
ULC Underwriters Laboratories of Canada, Inc.
7 Crouse Road
Scarborough, Ontario
Table C
“Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Final Rule and Interim Final Rule and Proposed Rule,” EPA Fed. Reg. Vol. 49, No. 209, October 26, 1984.
“Manual of Methods for the Chemical Analysis of Water and Wastes,” EPA 600/4-79-020, March 1979.
“Procedures Manual for Ground Water Monitoring at Solid Waste Disposal Facilities,” EPA 530/SW-611, August 1977.
“Soil Sampling Quality Assurance User's Guide,” EPA 600/4-84- 043, May 1984.
“Hazardous Waste Land Treatment,” EPA SW-874, April 1983.
“Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater,” EPA 600/4-82-057, July 1982.
“Handbook for Sampling and Sample Preservation of Water and Wastewater,” EPA 600/4-82-029, September 1982.
“Manual of Analytical Quality Control for Pesticides and Related Compounds in Human and Environmental Samples,” EPA 600/2- 81-059, April 1981.
“EPA Test Methods for Evaluating Solid Waste - Physical/Chemical Method,” SW-846
“Manual of Analytical Methods for the Analysis of Pesticides in Human and Environmental Samples,” EPA 600/8-080-038.
“Standard Methods for the Examination of Water and Wastewater,” American Public Health Assoc., American Water Works Assoc., Water Pollution Control Federation, 15th Edition, 1981.
“Selected Analytical Methods Approved and Cited by the United States Environmental Protection Agency,” Supplement to the Fifteenth Edition of Standard Methods for the Examination of Water and Wastewater, 1981.
“Guidelines on Sampling and Statistical Methodologies for Ambient Pesticide Monitoring,” Federal Working Group on Pest Management, October 1974.
“American Society for Testing and Materials (ASTM) Annual Book of Standards, Part 31, Water,” 1982.
“Methods for Analysis of Organic Substances in Water,” U.S. Geological Survey, Techniques of Water-Resources Investigations, Book 5, Chapter A3 1972.
“Criteria for Identification of Hazardous and Extremely Hazardous Wastes,” Sections 66693 through 66746, Article 11, Chapter 30, Division 4, Title 22, California Code of Regulations.
“American Society for Testing and Materials (ASTM) Annual Book of Standards, Parts 23-25, Petroleum Products and Lubricants, 1981.”
HISTORY
1. Amendment of Appendix I filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of Tables B and C filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Appendix II
Suction Piping Monitoring
Suction piping (piping operating at less than atmospheric pressure) shall be monitored for the presence of air in the pipeline by observing the suction pumping system for the following indicators:
(1) The cost/quantity display wheels on the meter suction pump skip or jump during operation;
(2) The suction pump is operating, but no motor vehicle fuel is being pumped;
(3) The suction pump seems to overspeed when first turned on and then slows down as it begins to pump liquid; and
(4) A rattling sound in the suction pump and erratic flow indicating an air and liquid mixture.
If any of the above indicators are observed during testing of the suction piping system, the pipeline check valve should be inspected to determine if it is seated tightly. If there is any doubt following the inspection that the valve seats tightly, it should be repaired, replaced, or sealed off. Then the suction pumping test should be repeated and, if air is still entering the suction line, it is assumed that the pipe is leaking underground.
Written records of the daily monitoring shall be maintained at the facility site.
HISTORY
1. New Appendix II filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Appendix III
Examples of Quantitative Release Detection
Methods for Existing Tanks
Detection Method Performance Standards
Automatic Tank Gauging (Monthly) Section 2643(b)(1)
Automatic Tank Gauging (Monthly) and
Manual Inventory Reconciliation
(Monthly) Section 2643(b)(2)
Tank Integrity Test (Annually) and
Manual Inventory Reconciliation
(Monthly) Section 2643(b)(4)
Statistical Inventory Reconciliation
(Monthly) and Tank Integrity Testing
(Biennially) Section 2643(b)(3)
Manual Tank Gauging (Weekly) and
Tank Integrity Testing (Annually) Section 2645
Examples of Quantitative Release Detection
Methods for Single-Walled Pressure Piping
Detection Method Performance Standards
Automatic Line Leak Detector (Hourly) Section 2643(c)(1)
and Automatic Electronic Line Leak
Detector (Monthly) Section 2643(c)(2)
Automatic Line Leak Detector (Hourly) Section 2643(c)(1)
and Automatic Electronic Line Leak
Detector (Annually) Section 2643(c)(3)
Automatic Line Leak Detector (Hourly) Section 2643(c)(1)
and Line Tightness Test (Annually) Section 2643(c)(3)
Automatic Electronic Line Leak Detectors
(Hourly) (meets both 2643(c)(1) and (3)
standards) Section 2643(c)(3)
Examples of Qualitative Release Detection
Methods for Single-Walled Suction Piping
Line Tightness Test (Triennially) Section 2643(d)
and Daily Monitoring Appendix II
Example of Qualitative Release Detection
Methods for Single-Walled Gravity Flow Piping
Line Tightness Test (Biennially) Section 2643(e)
Examples of Qualitative Release Detection
Methods for Existing Tanks and Piping
Vapor Monitoring Sections 2644(a) and (b)
or and 2647
Ground Water Monitoring Sections 2644(a) and (c)
and 2648
HISTORY
1. New Appendix IV filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Repealer and renumbering and amendment of former Appendix IV to Appendix III filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.
Appendix IV
Evaluation Procedure for Leak Detection Equipment
Leak detection equipment can be evaluated for performance in accordance with one of the following three evaluation procedures:
1. EPA Standard Test Procedures
EPA has developed a series of standard test procedures that cover most of the methods commonly used for underground storage tank leak detection. These include:
a. “Standard Test Procedures for Evaluating Leak Detection Methods: Volumetric Tank Tightness Testing Methods”
b. “Standard Test Procedures for Evaluating Leak Detection Methods: Nonvolumetric Tank Tightness Testing Methods”
c. “Standard Test Procedures for Evaluating Leak Detection Methods: Automatic Tank Gauging Systems”
d. “Standard Test Procedures for Evaluating Leak Detection Methods: Statistical Inventory Reconciliation Methods”
e. “Standard Test Procedures for Evaluating Leak Detection Methods: Vapor-Phase Out-of-Tank Product Detectors”
f. “Standard Test Procedures for Evaluating Leak Detection Methods: Liquid-Phase Out-of-Tank Product Detectors”
g. “Standard Test Procedures for Evaluating Leak Detection Methods: Pipeline Leak Detection Systems”
Each test procedure provides an explanation of how to conduct the test, how to perform the required calculations, and how to report the results. The results from each standard test procedure provide the information needed by tank owners and operators to determine if the method meets the regulatory requirements.
EPA standard test procedures must be conducted by an independent third party under contract to the manufacturer in order to prove compliance with the regulations. Independent third-parties may include consulting firms, test laboratories, not-for-profit research organizations, or educational institutions with no organizational conflict of interest. In general, evaluations are more likely to be fair and objective the greater the independence of the evaluating organization.
2. National Consensus Code or Standard
A second way for a manufacturer to prove the performance of leak detection equipment is to have an independent third party evaluate the system following a national voluntary consensus code or standard developed by a nationally recognized association (e.g., ASTM, ASME, ANSI, etc.). Throughout the technical regulations for underground storage tanks, EPA has relied on national voluntary consensus codes to help tank owners decide which brands of equipment are acceptable. Although no such code presently exists for evaluating leak detection equipment, one is under consideration by the ASTM D-34 subcommittee. Guidelines for developing these standards may be found in the U.S. Department of Commerce “Procedures for the Development of Voluntary Product Standards” (FR, Vol. 51, No. 118, June 29, 1986) and OMB Circular No. A-119.
3. Alternative Test Procedures Deemed Equivalent to EPA's
In some cases, a specific leak detection method may not be adequately covered by EPA standard test procedures or a national voluntary consensus code, or the manufacturer may have access to data that makes it easier to evaluate the system another way. Manufacturers who wish to have their equipment tested according to a different plan (or who have already done so) must have that plan developed or reviewed by a nationally recognized association or independent third-party testing laboratory (e.g. Factory Mutual, National Sanitation Foundation, Underwriters Laboratory, etc.). The results should include an accreditation by the association or laboratory that the conditions under which the test was conducted were at least as rigorous as the EPA standard test procedure. In general, this will require the following:
a. The evaluation tests the system both under the no-leak condition and an induced-leak condition with an induced leak rate as close as possible to (or smaller than) the performance standard. In the case of tank testing, this will mean testing under both 0.0 gallon per hour and 0.10 gallon per hour leak rates. In the case of ground water monitoring, this will mean testing with 0.0 and 0.125 inch of free product.
b. The evaluation should test the system under at least as many different environmental conditions as the corresponding EPA test procedure.
c. The conditions under which the system is evaluated should be at least as rigorous as the conditions specified in the corresponding EPA test procedure. For example, in the case of volumetric tank tightness testing, the test should include a temperature difference between the delivered product and that already present in the tank, as well as the deformation caused by filling the tank prior to testing.
d. The evaluation results must contain the same information and should be reported following the same general format as the EPA standard results sheet.
e. The evaluation of the leak detection method must include physical testing of a full-sized version of the leak detection equipment, and a full disclosure must be made of the experimental conditions under which: (1) the evaluation was performed, and (2) the method was recommended for use. An evaluation based solely on theory or calculation is not sufficient.
HISTORY
1. Renumbering of former Appendix IV to Appendix III and renumbering of former Appendix V to Appendix IV filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.
Appendix V
Reserved.
HISTORY
1. Renumbering of former Appendix V to Appendix IV and renumbering and amendment of former Appendix VI to Appendix V filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see Register 92, No. 43.
2. Change without regulatory effect repealing form C filed 5-19-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 20).
3. Repealer and reservation of appendix filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
Appendix VI
Embedded Graphic 23.0067
Embedded Graphic 23.0068
Embedded Graphic 23.0069
Embedded Graphic 23.0070
HISTORY
1. New Appendix VI filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 20). For prior history, see Register 94, No. 14.
§2715. Certification, Licensing, and Training Requirements for Underground Storage Tank Owners, Operators, Installers, Service Technicians, and Inspectors.
Note • History
(a) By January 1, 2005, owners of underground storage tank systems shall submit a signed statement to the local agency indicating that the owner understands and is in compliance with all applicable underground storage tank requirements, and identifying the designated UST operator(s) for each facility owned. The owner shall inform the local agency of any change of designated UST operator(s) no later than 30 days after the change.
(b) Effective January 1, 2005, designated UST operators shall possess a current certificate issued by the International Code Council (ICC) indicating he or she has passed the California UST System Operator exam. The individual shall renew the ICC certification, by passing the California UST System Operator exam, every 24 months.
(c) The designated UST operator(s) shall perform monthly visual inspections of all underground storage tank systems for which they are designated. The results of each inspection shall be recorded in a monthly inspection report. The monthly visual inspection shall include, but is not limited to, the following:
(1) Reviewing the alarm history report or log for the previous month, and checking that each alarm condition was documented and responded to appropriately. A copy of the alarm history report or log, along with documentation describing action taken in response to any alarm(s), shall be attached to the monthly visual inspection record.
(2) Inspecting for the presence of hazardous substance, water, or debris in spill containers.
(3) Inspecting for the presence of hazardous substance, water, or debris in under-dispenser containment areas, and checking that the monitoring equipment in these areas is located in the proper position to detect a leak at the earliest possible opportunity.
(4) Inspecting for the presence of hazardous substance, water, or debris in containment sumps that, in the past month, have had an alarm for which there is no record of a service visit, and checking that the monitoring equipment in these containment sumps is located in the proper position to detect a leak at the earliest possible opportunity.
(5) Checking that all required testing and maintenance for the underground storage tank system have been completed, and documenting the dates these activities occurred.
(6) Verifying that all facility employees have been trained in accordance with subdivision 2715(f).
(d) The designated UST operator(s) shall provide the owner or operator with a copy of each monthly inspection report, and alert the owner or operator of any condition discovered during the monthly visual inspection that may require follow-up actions.
(e) The owner or operator shall maintain a copy of the monthly inspection record and all attachments for the previous twelve months. The records shall be maintained on-site or, if approved by the local agency, off-site at a readily available location.
(f) By July 1, 2005, and every twelve months thereafter, the designated UST operator(s) shall train facility employees for which he or she is responsible in the proper operation and maintenance of the underground storage tank system. For facility employees hired on or after July 1, 2005, the initial training shall be conducted within 30 days of the date of hire.
(1) The training for facility employees must include, but is not limited to:
(A) The operation of the underground storage tank system in a manner consistent with the facility's best management practices.
(B) The facility employee's role with regard to the monitoring equipment as specified in the facility's monitoring plan.
(C) The facility employee's role with regard to spills and overfills as specified in the facility's response plan.
(D) The name of the contact person(s) for emergencies and monitoring equipment alarms.
(2) At least one of the facility employees present during operating hours shall have current training in accordance with subdivision (f)(1). For facilities that are not routinely staffed, the designated UST operator shall implement a facility employee training program approved by the local agency.
(3) A list of facility employees who have been trained by the designated UST operator(s), shall be maintained on-site or off-site at a readily available location, if approved by the local agency. The list shall be provided to the local agency upon request. The list shall include the dates of training for all facility employees, and the hiring dates for all facility employees hired on or after July 1, 2005.
(g) Any person(s) installing underground storage tank systems or components shall be certified or licensed by the Contractors State License Board.
(h) Any individual(s) installing underground storage tank system components shall meet the following requirements, or work under the direct and personal supervision of an individual physically present at the work site who meets the following requirements:
(1) The individual has been adequately trained as evidenced by a certificate of training issued by the manufacturer(s) of the underground storage tank system components. On and after July 1, 2001, this certification shall be renewed by completion of manufacturer's refresher training at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(2) Effective January 1, 2005, the individual shall possess a current underground storage tank system installer certificate from the International Code Council (ICC), indicating that the individual has passed the ICC UST Installation/Retrofitting exam. The individual shall renew the ICC certification, by passing the ICC UST Installation/Retrofitting exam, every 24 months.
(i) Any individual performing the work of a service technician must meet all of the following requirements:
(1) Possess or be employed by a person who possesses a current Class “A” General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or a C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors State License Board, as applicable. Individuals who possess a tank testing license issued by the State Water Resources Control Board satisfy the licensing requirement of this paragraph.
(2) Be trained and certified by the manufacturer of the equipment as follows:
(A) For service technicians conducting secondary containment testing pursuant to section 2637(a), this training and certification may be obtained through the developer of the testing equipment or test method being used, or through the manufacturer of the secondary containment system being tested, as applicable.
(B) For service technicians performing work on monitoring equipment, training and certification shall be obtained from the manufacturer of the monitoring equipment.
(C) In the event that no training or certification exists that would satisfy the criteria of subparagraph (i)(2)(A) or (B), the local agency may approve comparable alternate training or certification.
(3) Renew all training and certifications issued by the manufacturer, through completion of a manufacturer's refresher course, at the time interval recommended by the manufacturer, or every 36 months, whichever is shorter.
(4) Effective July 1, 2005, service technicians shall possess or work under the direct and personal supervision of an individual physically present at the work site who possesses a current certificate from the International Code Council (ICC), indicating he or she has passed the California UST Service Technician exam. If the California UST Service Technician exam is not available by July 1, 2004, this requirement shall be effective twelve months after the date the exam is available. The individual shall renew the ICC certification, by passing the California UST Service Technician exam, every 24 months.
(j) Local agency inspectors or special inspectors conducting underground storage tank inspections must meet the following requirements:
(1) Effective September 1, 2005, these individuals shall possess a current inspector certificate issued by the International Code Council (ICC), indicating he or she has passed the ICC California UST Inspector exam. Local agency inspectors hired on or after September 1, 2005, are subject to this requirement 180 days from the date of hire. If the ICC California UST Inspector exam is not available by September 1, 2004, this requirement shall be effective twelve months after the date the exam is available.
(2) These individuals shall renew the California inspector certificate every 24 months, by either passing the ICC California UST Inspector exam or satisfying equivalent criteria as approved by the Division of Water Quality Underground Storage Tank Program Manager.
NOTE
Authority cited: Section 25299.3, Health and Safety Code. Reference: Sections 25281 and 25284.1, Health and Safety Code; and 40 CFR 280.20.
HISTORY
1. New section filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
Article 10.5. Red Tag Authority
§2717. Additional Definitions.
Note • History
(a) “Significant Violation” means the failure of a person to comply with any requirement of Chapter 6.7 of the Health and Safety Code or any regulation adopted pursuant to Chapter 6.7, not including the corrective action requirements in Section 25296.10 of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the regulations, that is any of the following:
(1) A violation that is causing, or threatens to cause a liquid release of petroleum from an underground storage tank system, including, but not limited to: the failure of any required overfill prevention system, where the failure is causing or threatens to cause a release; or the failure of a required spill containment structure, where the failure is causing or threatens to cause a release to the environment due to a spill or an overfill.
(2) A violation that impairs the ability of an underground storage tank system to detect a liquid leak or contain a liquid release of petroleum in the manner required by law, including, but not limited to: tampering with leak detection equipment so that the equipment is no longer capable of detecting a leak at the earliest possible opportunity.
(3) A chronic violation or a violation that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the local agency shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to any requirement of Chapter 6.7 or of any regulation adopted pursuant to Chapter 6.7, not including the corrective action requirements in Section 25296.10 of the Health and Safety Code and Article 11 of Chapter 16 of Title 23 of the regulations.
(b) “Imminent threat to human health or safety or the environment” means a condition that creates 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 the actual or potential damages to human health or safety or the environment.
NOTE
Authority cited: Sections 25292.3(g), 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New article 10.5 (sections 2717-2717.7) and section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note • History
(a) Upon the discovery of a significant violation that poses an imminent threat to human health or safety or the environment, the local agency may immediately affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver petroleum to the underground storage tank. Immediately after affixing a red tag pursuant to this subdivision, the local agency shall notify the operator, if present on site, of the significant violation(s) for which the red tag was issued. Within 24 hours of affixing a red tag pursuant to this subdivision, the local agency shall notify the owner of the significant violation(s) for which the red tag was issued.
(b) Upon the discovery of a significant violation that does not pose an imminent threat to human health or safety or the environment and that is not otherwise exempt pursuant to Section 2717.4, the local agency may issue a notice of significant violation to the owner and operator identifying the significant violation(s). If the owner or operator fails to correct the significant violation within seven business days from receipt of the notice, the local agency may affix a red tag to the fill pipe of the non-compliant underground storage tank system using a tamper-resistant strap or straps, fill pipe bag, or any combination thereof so that the tag is visible to any person attempting to deliver petroleum to the underground storage tank.
(c) Before affixing a red tag to the fill pipe of an underground storage tank system, the local agency shall document the level of stored product in the tank.
(d) The board shall provide red tags, fill pipe bags, and tamper-resistant straps made of nylon or other durable, damage resistant material to local agencies upon request, and local agencies shall use only red tags, fill pipe bags, and tamper-resistant straps provided by the board.
(e) No owner or operator of a facility may deposit or allow the deposit of petroleum into an underground storage tank system that has a red tag affixed to the system's fill pipe.
(f) No person may deposit petroleum into an underground storage tank system that has a red tag affixed to its fill pipe.
(g) Except as otherwise provided in Section 2717.2, no person shall remove, deface, alter, or otherwise tamper with a red tag so that the information contained on the tag is not legible.
(h) If a permit is required by the local agency in order to correct one or more significant violations identified pursuant to subdivisions (a) or (b), the local agency shall, to the extent feasible, expedite its review and issuance of such permit(s).
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note • History
(a) Upon notification by the owner or operator documenting to the satisfaction of the local agency that the significant violation has been corrected, the local agency may provide written authorization to the owner or operator to remove the red tag. The local agency shall inspect the underground storage tank system within five business days of notification to determine whether the system continues to be in significant violation, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the local agency determines that the system is no longer in significant violation and it has not already authorized removal of the red tag, the local agency shall immediately remove the red tag.
(b) Upon removing a red tag from an underground storage tank system, the local agency shall document the level of stored product in the tank. If the owner or operator removes a red tag pursuant to written authorization by the local agency, the owner or operator shall document the level of stored product in the tank immediately after removing the red tag.
(c) A red tag that has been removed by the owner or operator shall be returned to the local agency within five business days, or sooner if requested by the local agency.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§2717.3. Removal of Red Tag from Emergency Generator Tank Systems Prior to Correction of Significant Violation.
Note • History
Notwithstanding any other provision of this Article, a local agency may remove or authorize the removal of a red tag from an emergency generator tank system before a significant violation has been corrected if the local agency determines that an emergency situation exists requiring operation of the system and the delivery of petroleum is necessary for the continued operation of the system during the emergency. For purposes of this section, an “emergency generator tank system” means an underground storage tank system that provides power supply in the event of a commercial power failure, stores petroleum, and is used solely in connection with an emergency system, legally required standby system, or optional standby system, as defined in Articles 700, 701, and 702 of the National Electrical Code of the National Fire Protection Association.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25281.5 and 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§2717.4. Notice of Correction of Significant Violation.
Note • History
Upon making a determination that a significant violation has been corrected, the local agency shall notify the owner or operator in writing of its determination.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§2717.5. Significant Violations Exempt From Red Tags.
Note • History
(a) If an underground storage tank system component is found to be in significant violation during periodic testing of the component, a local agency may issue a notice of significant violation or affix a red tag only if:
(1) the violation poses an imminent threat to human health or safety or the environment; or
(2) there is evidence the component in violation has been tampered with; or
(3) the owner or operator fails to take appropriate action to correct the violation.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Note • History
(a) A red tag shall be red in color and 3 inches wide by 5 inches long and made of plastic or other durable and damage resistant material.
(b) Red tags shall bear the following information on both sides of the tag:
(1) The following wording, printed in white at the top of the tag in all capital letters in at least 36 point bold-faced type: “PETROLEUM DELIVERY PROHIBITED!”
(2) The following wording, printed in white below the wording described in subdivision (b)(1) in at least 16 point type: “Delivering petroleum, or removing, defacing, altering, or otherwise tampering with this tag may result in civil penalties of up to $5000 per day.”
(3) Printed below the wording described in subdivision (b)(2), the following wording in at least 16 point type: “If you have questions, please contact:”
(A) Following the wording described in subdivision (b)(3), there shall be a blank area at least 1/2 inch wide by three inches long in which the local agency shall write legibly in permanent ink its name and telephone number.
(4) In the lower left hand corner, a unique identification number imprinted mechanically at the time of production.
(5) In the lower right hand corner, a graphic comprised of a blue background, the letters SWRCB in black, and white wavy lines depicting water.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§2717.7. Enforcement Scope of Article.
Note • History
Nothing in this Article shall be construed as prohibiting the local agency, board, regional board, or any other prosecuting agency from taking any other action as provided for by law, including but not limited to requiring removal of the stored substance from the tank pursuant to Section 2652 or revoking or modifying the operating permit pursuant to Section 25285.1 of the Health and Safety Code.
NOTE
Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Section 25292.3, Health and Safety Code.
HISTORY
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Article 11. Corrective Action Requirements
§2720. Additional Definitions.
Note • History
Unless the context clearly requires otherwise, the following definitions shall apply to terms used in this Article.
“Corrective action” means any activity necessary to investigate and analyze the effects of an unauthorized release; propose a cost-effective plan to adequately protect human health, safety, and the environment and to restore or protect current and potential beneficial uses of water; and implement and evaluate the effectiveness of the activity(ies). Corrective action does not include any of the following activities:
(1) Detection, confirmation, or reporting of the unauthorized release; or
(2) Repair, upgrade, replacement or removal of the underground storage tank.
“Cost-effective” means actions that achieve similar or greater water quality benefits at an equal or lesser cost than other corrective actions.
“Federal act” means Subchapter IX (commencing with Section 6991) of Chapter 82 of Title 42 of the United States Code, as added by the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), or as it may subsequently be amended or supplemented, and the regulations adopted pursuant thereto.
“Regulatory agency” means the Board, regional board, or any local, state, or federal agency which has responsibility for regulating underground storage tanks or which has responsibility for overseeing cleanup of unauthorized releases from underground storage tanks.
“Responsible party” means one or more of the following:
(1) Any person who owns or operates an underground storage tank used for the storage of any hazardous substance;
(2) In the case of any underground storage tank no longer in use, any person who owned or operated the underground storage tank immediately before the discontinuation of its use;
(3) Any owner of property where an unauthorized release of a hazardous substance from an underground storage tank has occurred; and
(4) Any person who had or has control over a underground storage tank at the time of or following an unauthorized release of a hazardous substance.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Section 280.12.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2721. General Applicability of Article.
Note • History
(a) Responsible parties for an underground storage tank shall comply with the requirements of this article whenever there is any reportable unauthorized release pursuant to Section 25295 of Chapter 6.7.
(b) Responsible parties shall take corrective action in compliance with the following requirements:
(1) all applicable waste discharge requirements or other order issued pursuant to Division 7, commencing with Section 13000 of the Porter-Cologne Water Quality Control Act (Water Code);
(2) all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code;
(3) all applicable water quality control plans adopted pursuant to Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of the Water Code;
(4) all applicable requirements of Chapter 6.7 (commencing with Section 25280) and the regulations (Chapter 16, Title 23 CCR) promulgated thereto; and
(5) all applicable requirements of Article 4 of Chapter 6.75 of the Health and Safety Code, the applicable provisions of this Chapter, and the Federal act.
(c) When acting as the regulatory agency, the Board or regional board shall take appropriate action pursuant to Division 7, commencing with Section 13000 of the California Water Code, to ensure that corrective action complies with applicable policies for water quality control and applicable water quality control plans.
(d) The regulatory agency responsible for overseeing corrective action at an underground storage tank site shall comply with the applicable public participation provisions of Section 2728 of this Article.
(e) Upon completion of required corrective action, the regulatory agency shall inform the responsible party in writing that no further work is required at that time, based on available information. This written notice shall constitute agency concurrence on the completed corrective action.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37, 25299.54, 25295 and 25298, Health and Safety Code and 40 CFR Section 280.67.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2722. Scope of Corrective Action.
Note • History
(a) Corrective action includes one or more of the following phases:
(1) Preliminary Site Assessment Phase
(2) Soil and Water Investigation Phase;
(3) Corrective Action Plan Implementation Phase; and
(4) Verification Monitoring Phase.
(b) The responsible party shall take or contract for interim remedial actions, as necessary, to abate or correct the actual or potential effects of an unauthorized release. Interim remedial actions can occur concurrently with any phase of corrective action. Before taking interim remedial action, the responsible party shall notify the regulatory agency of the proposed action and shall comply with any requirements that the regulatory agency sets. Interim remedial actions include, but are not limited to, the following:
(1) removal of free product. Free product removal must comply with the applicable provisions of Section 2655 of Article 5;
(2) enhanced biodegradation to promote bacterial decomposition of contaminants;
(3) excavation and disposal of contaminated soil;
(4) excavation and treatment of contaminated soil;
(5) vacuum extraction of contaminants from soil or ground water; and
(6) pumping and treatment of ground water to remove dissolved contaminants.
(c) The responsible party shall submit a workplan to the regulatory agency responsible for overseeing corrective action at the underground storage tank site, under the conditions listed below. If no regulatory agency has assumed responsibility for overseeing corrective action, the responsible party shall submit the workplan to the regional board with jurisdiction for the site where the underground storage tank is or was located:
(1) for proposed activities under the Preliminary Site Assessment Phase, if directed by the regulatory agency; and
(2) before initiating any work in accordance with Sections 2725 and 2727 of this Article.
(d) The workplan shall include the proposed actions and a proposed schedule for their completion. The responsible party shall modify the workplan, as necessary, at the direction of the regulatory agency.
(e) In the interest of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin implementation of the proposed actions after the workplan has been submitted and before it has received agency concurrence. Implementation of the workplan may begin sixty (60) calendar days after submittal, unless the reponsible party is otherwise directed in writing by the regulatory agency. Before beginning these activities, the responsible party shall:
(1) notify the regulatory agency of the intent to initiate the proposed actions included in the workplan submitted; and
(2) comply with any conditions set by the regulatory agency, including mitigation of adverse consequences from cleanup activities.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25295, 25297, 25299.14, 25299.37 and 25299.78, Health and Safety Code and 40 CFR Sections 280.53 and 280.60 through 280.66, and Section 13267 Water Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2723. Preliminary Site Assessment Phase.
Note • History
(a) The Preliminary Site Assessment Phase includes, at a minimum, initial site investigation, initial abatement actions and initial site characterization in accordance with Sections 2652, 2653, and 2654 of Article 5 and any interim remedial actions taken in accordance with Section 2722(b) of this Article.
(b) Implementation of any of the interim remedial actions or any of the activities included in the Preliminary Site Assessment Phase shall constitute initiation of corrective action.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25295, 25298 and 25299.37, Health and Safety Code and 40 CFR Sections 280.61 and 280.62.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2724. Conditions That Require Soil and Water Investigation.
Note • History
The responsible party shall conduct investigations of the unauthorized release, the release site, and the surrounding area possibly affected by the unauthorized release, if any of the following conditions exists:
(1) There is evidence that surface water or ground water has been or may be affected by the unauthorized release;
(2) Free product is found at the site where the unauthorized release occurred or in the surrounding area;
(3) There is evidence that contaminated soils are or may be in contact with surface water or ground water; or
(4) The regulatory agency requests an investigation, based on the actual or potential effects of contaminated soil or ground water on nearby surface water or ground water resources or based on the increased risk of fire or explosion.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Sections 280.61 through 280.64
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2725. Soil and Water Investigation Phase.
Note • History
(a)The Soil and Water Investigation Phase includes the collection and analysis of data necessary to assess the nature and vertical and lateral ex--tent of the unauthorized release and to determine a cost-effective method of cleanup.
(b) Using information obtained during the investigation, the responsible party shall propose a Corrective Action Plan. The Corrective Action Plan shall consist of those activities determined to be cost-effective.
(c) The responsible party shall submit the Corrective Action Plan to the regulatory agency for review and concurrence. The regulatory agency shall concur with the Corrective Action Plan after determining that implementation of the plan will adequately protect human health, safety and the environment and will restore or protect current or potential beneficial uses of water. The responsible party shall modify the Corrective Action Plan in response to a final regulatory agency directive.
(d) The Corrective Action Plan shall include the following elements:
(1) an assessment of the impacts listed in subsection (e) of this Section;
(2) a feasibility study, in accordance with subsection (f) of this Section; and
(3) applicable cleanup levels, in accordance with subsection (g) of this Section.
(e) An assessment of the impacts shall include, but is not limited to, the following:
(1) The physical and chemical characteristics of the hazardous substance or its constituents, including their toxicity, persistence, and potential for migration in water, soil, and air;
(2) The hydrogeologic characteristics of the site and the surrounding area where the unauthorized release has migrated or may migrate;
(3) The proximity and quality of nearby surface water or ground water, and the current and potential beneficial uses of these waters;
(4) The potential effects of residual contamination on nearby surface water and ground water; and
(f) The responsible party shall conduct a feasibility study to evaluate alternatives for remedying or mitigating the actual or potential adverse effects of the unauthorized release. Each alternative shall be evaluated for cost-effectiveness, and the responsible party shall propose to implement the most cost-effective corrective action.
(1) For all sites, each recommended alternative shall be designed to mitigate nuisance conditions and risk of fire or explosion;
(2) For sites where the unauthorized release affects or threatens waters with current or potential beneficial uses designated in water quality control plans, the feasibility study shall also identify and evaluate at least two alternatives for restoring or protecting these beneficial uses;
(3) For sites where the unauthorized release affects or threatens waters with no current or potential beneficial uses designated in water quality control plans, the feasibility study shall identify and evaluate at least one alternative to satisfy paragraph (1) of this subsection.
(g) Cleanup levels for ground or surface waters, affected or threatened by the unauthorized release, shall comply with the requirements of Section 2721(b) and shall meet the following requirements:
(1) For waters with current or potential beneficial uses for which numerical objectives have been designated in water quality control plans, the responsible party shall propose at least two alternatives to achieve these numerical objectives;
(2) For waters with current or potential beneficial uses for which no numerical objectives have been designated in water quality control plans, the responsible party shall recommend target cleanup levels for long-term corrective actions to the regulatory agency for concurrence. Target cleanup levels shall be based on the impact assessment, prepared in accordance with subsection (e) of this Section.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37 and 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2726. Corrective Action Plan Implementation Phase.
Note • History
(a) The Corrective Action Plan Implementation Phase consists of carrying out the cost-effective alternative selected during the Soil and Water Investigation Phase for remediation or mitigation of the actual or potential adverse effects of the unauthorized release.
(b) Upon concurrence with the Corrective Action Plan or as directed by the regulatory agency, the responsible party shall implement the Corrective Action Plan. The responsible party shall monitor, evaluate, and report the results of implementation of the Corrective Action Plan on a schedule agreed to by the regulatory agency.
(c) In the interest of minimizing environmental contamination and promoting prompt cleanup, the responsible party may begin cleanup of soil and water after the Corrective Action Plan has been submitted and before it has received agency concurrence. Implementation of the Corrective Action Plan may begin sixty (60) calendar days after submittal, unless the responsible party is otherwise directed in writing by the regulatory agency. Before beginning this cleanup, the responsible party shall:
(1) notify the regulatory agency of its intention to begin cleanup; and
(2) comply with any conditions set by the regulatory agency, including mitigation of adverse consequences from cleanup activities.
(d) The responsible party shall modify or suspend cleanup activities when directed to do so by the regulatory agency.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Sections 280.65 and 280.66.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§2727. Verification Monitoring Phase.
Note • History
(a) The Verification Monitoring Phase includes all activities required to verify implementation of the Corrective Action Plan and evaluate its effectiveness.
(b) The responsible party shall verify completion of the Corrective Action Plan through sampling or other monitoring of soil and/or water for such period of time and intervals agreed to by the regulatory agency. Using the monitoring results obtained pursuant to this Section and any other relevant data obtained pursuant to this Article, the responsible party shall evaluate the effectiveness of the site work.
(c) The responsible party shall submit monitoring data and an evaluation of the results of such monitoring in writing on a schedule and for a duration agreed to by the regulatory agency.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, Health and Safety Code and 40 CFR Section 280.65.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
Note • History
(a) For each confirmed unauthorized release that requires a Corrective Action Plan, the regulatory agency shall inform the public of the proposed activities contained in the Corrective Action Plan. This notice shall include at least one of the following:
(1) publication in a regulatory agency meeting agenda;
(2) public notice posted in a regulatory agency office;
(3) public notice in a local newspaper;
(4) block advertisements;
(5) a public service announcement;
(6) letters to individual households; or
(7) personal contacts with the affected parties by regulatory agency staff.
(b) The regulatory agency shall ensure that information and decisions concerning the Corrective Action Plan are made available to the public for inspection upon request.
(c) Before concurring with a Corrective Action Plan, the regulatory agency may hold a public meeting when requested by any member of the public, if there is sufficient public interest on the proposed Corrective Action Plan.
(d) Upon completion of corrective action, the regulatory agency shall give public notice that complies with subsection (a) of this Section, if both of the following conditions apply:
(1) Implementation of the Corrective Action Plan does not achieve the cleanup levels established in the Corrective Action Plan; and
(2) The regulatory agency does not intend to require additional corrective action, except for monitoring in accordance with Section 2727.
(e) The regulatory agency shall comply with all applicable provisions of the California Environmental Quality Act, Public Resources Code, commencing with Section 21000.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37 and 25299.78, Health and Safety Code and 40 CFR Sections 280.65 through 280.67.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
Article 12. Electronic Submission of Laboratory Data for UST Reports
Note • History
NOTE
Authority cited: Section 13197.5, Water Code; and Section 25299.3, Health and Safety Code. Reference: Sections 13195(b) and 13198, Water Code.
HISTORY
1. New article 12 (sections 2729-2729.1) and section filed 5-30-2001 as an emergency; operative 9-1-2001 (Register 2001, No. 22). Pursuant to Water Code section 13197.5, a Certificate of Compliance must be transmitted to OAL by 9-1-2002 or emergency language will be repealed by operation of law on the following day.
2. New article 12 (sections 2729-2729.1) and section refiled with amendment of Note 8-23-2002 as an emergency; operative 9-1-2002 (Register 2002, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-30-2002 or emergency language will be repealed by operation of law on the following day.
3. New article 12 (sections 2729-2729.1) and section refiled 12-31-2002 as an emergency; operative 12-31-2002 (Register 2003, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2003 or emergency language will be repealed by operation of law on the following day.
4. New article 12 (sections 2729-2729.1) and section refiled 4-28-2003 as an emergency; operative 5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2003 or emergency language will be repealed by operation of law on the following day.
5. New article 12 (sections 2729-2729.1) and section refiled 8-26-2003 as an emergency; operative 8-30-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Repealer of article 12 (sections 2729-2729.1) and section by operation of Government Code section 11346.1(g) (Register 2004, No. 33).
§2729.1. Electronic Submission of Laboratory Reports.
Note • History
NOTE
Authority cited: Section 13197.5, Water Code; and Section 25299.3, Health and Safety Code. Reference: Sections 13196(a), 13197.5(a), (c), (d)(2) and 13198, Water Code.
HISTORY
1. New section filed 5-30-2001 as an emergency; operative 9-1-2001 (Register 2001, No. 22). Pursuant to Water Code section 13197.5, a Certificate of Compliance must be transmitted to OAL by 9-1-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled with amendment of Note 8-23-2002 as an emergency; operative 9-1-2002 (Register 2002, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-30-2002 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-31-2002 as an emergency; operative 12-31-2002 (Register 2003, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2003 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 4-28-2003 as an emergency; operative 5-1-2003 (Register 2003, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2003 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 8-26-2003 as an emergency; operative 8-30-2003 (Register 2003, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 33).
Chapter 17. Underground Tank Tester Regulations
Article 1. General Provisions
Note • History
The State Water Board is vested with all the functions and duties relating to the administration of the Tank Tester License Program (section 25284.4 Health and Safety Code). Specifically, the purpose of the Tank Tester License Program is to protect the environment and public health and safety by establishing minimum qualifications for those who test underground storage tanks and associated piping and by establishing a licensing program for underground storage tank testers.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Note • History
(a) “Address of record” means the address at which the licensee wishes to be contacted by the State Water Board. The address of record is public information.
(b) “Advertisement” means any written or printed communication for the purpose of soliciting, describing, or promoting the licensee's business including a brochure, letter, pamphlet, newspaper, periodical, publication or other writing. Advertisement also includes a radio, television, or similar airwaves transmission, or videotape recording which solicits or promotes the licensee's business. It does not include:
(1) a free directory listing which does not allow space for a license number;
(2) any printing or writing on buildings or vehicles where the purpose of the printing is identification;
(3) any printing, writing, or other communication used in the ordinary course of business where the purpose of the communication is other than solicitation or promotion of business.
(c) “Applicant” means any person who files an application for a tank tester license in accordance with the provisions of section 2761.
(d) “Approved course of study” means a course of study approved by the Division after being recommended by a committee appointed by the Division and which includes, but is not limited to:
(1) General principles of tank and piping testing;
(2) Basic understanding of the mathematics relating to tank testing;
(3) Understanding of test procedures, principles, and equipment;
(4) Knowledge of the regulations and laws pertaining to underground storage tanks;
(5) Proper safety procedures;
(6) Written examination to be administered to each student to determine the student's knowledge and understanding of the course of study material.
Anyone who desires to provide an approved course of study shall furnish the Division with the following material:
(A) An instruction manual proposed for use by the instructor which covers all material and information to be given to students and which is in accordance with the provisions of subdivisions (d)(1)-(6) of this section.
(B) Copies of all handout material to be given to students.
(C) Copies of all video tapes to be used for instructional purposes.
(D) Names, addresses, telephone numbers, and related work experience of each instructor and information as to the subject matter to be taught by each instructor.
(E) Physical location of classroom instruction.
(F) Physical location of underground storage tanks to be used for hands-on training.
(G) A copy of the written examination to be administered to students to determine their knowledge and understanding of the course of study material.
(e) “Assignment” means giving permission to another to use one's license for the purpose of conducting the business of a tank tester, including advertising, billing, and furnishing reports to clients.
(f) “Declarant” means a person who verifies an applicant's tank testing experience by declaring personal knowledge of the experience in writing, under penalty of perjury.
(g) “Direct personal supervision” means the watchful care and inspection of the conduct and performance of a tank tester by a licensee while the licensee and the tank tester are physically located at the work site.
(h) “Division” means the Division of the State Water Board in which the Office of Tank Tester Licensing is located.
(i) “Fraud” or “deception” includes but is not limited to:
(1) knowingly making a false statement relating to the results of a tank integrity test or methods or information obtained in the course of employment;
(2) fabricating evidence;
(3) making a representation that any part of a tank integrity testing method or associated equipment is certified, approved, or in any way sanctioned by the State Water Board unless the method or equipment is actually certified, approved, or sanctioned by the State Water Board;
(4) failing to provide the services for which compensation has been received or which were agreed to by contract;
(5) filing a false tank test report with a state or local agency or tank owner or operator or providing test results for a tank or piping test which was not tested in whole or in part;
(6) manipulating or causing the manipulation of test data including willfully or negligently misreading or misinterpreting test data;
(7) accepting or agreeing to accept compensation for false test results.
(j) “License” means a pocket card issued by the State Water Board which authorizes the licensee to conduct the business of an underground storage tank tester. The license shall contain but not be limited to the following:
(1) a clear, full-face, one inch by one inch color photograph taken within one year immediately preceding the date of filing the application;
(2) the first and last name of the licensee;
(3) the address of record of the licensee;
(4) the license number;
(5) the expiration date of the license.
The license is the property of the State Water Board.
(k) “Licensee” means any person licensed under these regulations as a tank tester and who possesses a current and valid tank tester license issued by the State Water Board.
(l) “Local agency” means the department, office, or other agency of a county or city designated pursuant to section 25283 of the Health and Safety Code.
(m) “Manufacturer” means any business which produces tank integrity testing equipment and which may provide training in the use of that equipment.
(n) “Office of Tank Tester Licensing” means the unit of the Division which exercises the day-to-day functions of the Underground Tank Tester License Program.
(o) “Qualifying Experience” means experience in all aspects of tank integrity testing including personally setting up and operating tank integrity testing equipment, collecting data and producing reports under the direct and personal supervision of a licensed tank tester, during which time training is successfully completed from a manufacturer in the appropriate test procedures.
(p) “State Water Board” as used in these regulations means the five members of the State Water Resources Control Board.
(q) “Tank integrity test” means a tank integrity test as defined in section 2611 of Chapter 16 of the California Code of Regulations.
(r) “Tank tester” means any person who performs integrity tests on underground storage tanks or associated piping.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Sections 25283 and 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 2. Administration
Note • History
The Office of Tank Tester Licensing shall maintain a current roster of the names, addresses, telephone numbers, and license numbers of all licensed tank testers. The roster shall be furnished to local agencies at least twice per calendar year and shall be made available to local agencies and interested parties upon request.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment of article heading and section and new Note filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2741. Record of Disciplinary Actions.
Note • History
Written information regarding disciplinary action taken against licensees shall be maintained by the Office of Tank Tester Licensing and information which meets the provisions of the Information Practices Act shall be furnished to local agencies as available and to interested parties upon request.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 3. Application of Regulations
Note • History
All tank integrity tests, as defined in section 2611 of Article 1 of Chapter 16 and conducted within this state, must be performed by or under the direct and personal supervision of a tank tester with a current and valid tank tester license issued pursuant to these regulations. No person shall be licensed unless the requirements as specified in Article 4 of these regulations have been met.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2751. Local Regulations; Ordinances.
Note • History
The provisions of these regulations shall not prevent the local authorities of any city, and/or county from: (a) requiring tank tester licensees to meet the requirements for and obtain a local business permit; (b) requiring licensees to register their name and file a copy of their State Water Board-issued tank tester license with the city and/or county. No fee, other than a fee for a local business permit, may be charged nor may any application be required by the city and/or county for that registration.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 2599.2, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 4. Licensing
Note • History
An applicant for a tank tester license shall have successfully completed training from the manufacturer of the tank and piping test equipment to be used and shall:
(a) have completed a minimum of either one year of verifiable qualifying experience testing at least 50 underground storage tanks or have successfully completed both 6 months of qualifying experience during which at least 50 underground storage tanks were tested and an approved course of study as defined in section 2731;
(b) file with the Division a completed application as specified in section 2761;
(c) pay the nonrefundable application fee and the examination fee as specified in Article 7;
(d) provide two color photographs as described in section 2731;
(e) pass an examination administered under the direction of the Division as specified in section 2762;
(f) pay the license fee as specified in Article 7 upon notification by the Division.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284., Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2761. Application for Licensure.
Note • History
(a) Content--An application shall include but not be limited to:
(1) the full name, residence address, and the address of record of the applicant and the employer name and address if applicant is not self employed;
(2) a statement signed under penalty of perjury by a declarant, verifying the applicant's qualifying experience as specified in section 2760(a);
(3) verification that the applicant was trained by the manufacturer in the principles and use of the equipment and method upon which the applicant used to gain his or her qualifying experience and the tank and piping test equipment and method the applicant intends to use after licensure;
(4) applicant's original signature signed under penalty of perjury and date the application was signed;
(5) the nonrefundable application fee and the examination fee as specified in Article 7; and
(6) The Division may require the submission of any additional pertinent information, evidence, statements, or documents which would support the application for licensure.
(b) Submittal--An application shall be postmarked no later than three weeks before the examination. Applications postmarked after that date may be held over and processed for the next scheduled examination.
(c) Review--The Division shall review the application and supporting documents to determine the applicant's eligibility for licensure.
(d) Notice--The Division shall notify applicants in writing within 15 days of receipt of an application whether the application is complete or deficient. The notice, if it indicates a deficiency, will state the specific information which is required to complete the application. If the application is deficient, the applicant may be scheduled for the next examination upon completion of the application.
(e) Abandonment--If an applicant fails to complete an application within one year of the date of receipt by the Office of Tank Tester Licensing, or fails to take the examination within one year after the date of receipt of the application by the Office of Tank Tester Licensing, the application shall be considered abandoned. An application submitted after the abandonment of a previous application shall be treated as a new application and shall be required to meet all of the requirements for an initial license.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Note • History
(a) Content--The examination shall include: (1) general principles of tank and piping tests; (2) basic understanding of the mathematics relating to tank and piping integrity testing; (3) knowledge of the regulations and laws governing underground storage tanks; and (4) proper safety procedures.
(b) Frequency--A minimum of two examinations shall be given each year.
(c) Dishonest conduct during examination--An applicant for licensure as a tank tester who engages in dishonest conduct during the examination shall have his or her examination confiscated immediately and shall not have his or her examination graded and shall be denied the opportunity to take the examination for one year.
(d) Confidentiality of examination questions--The Office of Tank Tester Licensing examination questions are confidential. Any person who removes all or part of an examination from the examination room or area, or who conveys or exposes all or part of an examination to any other person may be disqualified as a candidate for licensure for one year and in addition may be subject to administrative sanction under section 2773.
(e) Notification of results--Within 30 calendar days of the examination, the Division shall notify applicants in writing whether they have passed or failed the examination.
(f) Failure to pass examination; reexamination fee--An applicant who fails to pass an initial examination shall be eligible for a subsequent examination upon paying the reexamination fee as prescribed by Article 7 and filing a completed application for reexamination within the time limits and conditions relating to applications for initial examinations provided in Section 2761.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2763. Issuance of License, Renewal and Reinstatement.
Note • History
(a) Issuance--Except as otherwise specified in these regulations, upon the successful completion of the application and examination and payment of the fees prescribed by these regulations, the Division shall issue a tank tester license within 30 calendar days of receipt of the license fee.
(b) Renewal of licenses; notice; payment of civil penalties--
(1) The Division shall send to each licensee a notice of renewal at least 60 calendar days prior to the expiration of each license.
(2) At least 30 calendar days prior to the expiration, a licensee who desires to renew his or her license shall send to the Division a completed renewal application as prescribed by section 2763(b)(3), and renewal fee as prescribed by Article 7.
(3) Each license renewal application shall include the licensee's full name, business and residence address and telephone number, license number, and the name under which the licensee does business. Each application shall include two color photographs as prescribed by section 2731 and the renewal fee as prescribed by Article 7.
(4) The Division shall notify licensees in writing within 15 calendar days of receipt of a license renewal application if the renewal application is deficient. The notice shall state the specific information which is required to complete the renewal application.
(5) Except as otherwise prescribed by these regulations, the Division shall issue a license renewal within 30 calendar days of receipt of a completed renewal application.
(6) The license renewal shall not be issued until any and all penalties assessed have been paid or disciplinary actions have been completed in accordance with these regulations.
(c) Notification of expiration; cessation of display--Upon the expiration of any license issued under these regulations, the holder of the license shall cease to carry or display the license and shall cease to conduct the business of a licensed tank tester.
(d) Reinstatement following expiration--An expired license may be reinstated within one year of the date of expiration upon filing of a reinstatement application and payment of the renewal fee and the reinstatement fee as prescribed by Article 7. The Division shall notify licensees in writing within 30 calendar days of receipt of a reinstatement application if the application is deficient. The notice shall state the specific information which is required to complete the application. A reinstated license shall be issued within 30 calendar days from the date of receipt of the a complete reinstatement application.
The reinstated license shall not be issued until any and all penalties assessed have been paid or until disciplinary actions have been completed. A license which has been expired for more than one year may not be reinstated. The applicant must file an initial application, pass the examination, and meet all of the requirements for an initial license.
(e) Each license reinstatement application shall state the licensee's full name, business and residence address and telephone numbers, license number, and the name under which the licensee does business Each application shall include two color photographs as prescribed by section 2731 and the reinstatement and renewal fees as prescribed by Article 7.
(f) Suspended license; expiration and renewal; restrictions on activities--A suspended tank tester license is subject to expiration and shall be renewed as provided in this article; however, renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the business of a licensed tank tester, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(g) Revoked license--A revoked license may not be renewed or reinstated.
(h) Assignment--A license issued under these regulations is not assignable.
(i) License denial; grounds--A license may be denied by the Division pursuant to the provisions of section 2773.
(j) Replacement of lost, stolen or destroyed licenses--A license which has been lost, stolen or destroyed may be replaced by the Division. A licensee may request a duplicate license by submitting a written statement of facts describing the loss, theft, or destruction of the license and by submitting two color photographs as prescribed by section 2731 and the duplicate license fee prescribed by Article 7.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 5. Conduct of Business and Prohibited Acts
§2770. Notice of Change of Address.
Note • History
A licensee shall notify the Division of any change of his or her residence and business addresses and telephone numbers within 30 calendar days after the change.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2770.5. Name and license number on tank test reports.
Note • History
A licensee who personally conducts a tank or piping integrity test shall complete and sign the resulting report in accordance with the provisions of section 2643(g) of Article 4 of Chapter 16 and shall include his or her license number on the report.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2771. Liability of Licensee; Employee Records; Completion of Training for Testing Method Used.
Note • History
(a) A licensee shall at all times be responsible for the conduct and performance of those under the licensee's direct and personal supervision when those persons under supervision are acting within the course and scope of their employment as tank testers.
(b) Each licensee shall maintain a record of the following information for each underground storage tank which he or she personally tested:
(1) name, address and telephone number of the tank owner or operator, physical address of the underground storage tank, and dates when the tank or piping test service was provided;
(2) all information and data collected and reports prepared in the course of performing service as a tank tester, including but not limited to raw data, calculations and reports;
(3) a list of persons working under the direct and personal supervision of the licensee including dates when the tank or piping test was performed.
(c) Each licensee shall have completed training from a manufacturer for each test method used prior to using any test method. The licensee shall submit to the Office of Tank Tester Licensing, a certificate of completion or other proof of training issued by the manufacturer, before using the test method or equipment.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2772. Record Retention Period.
Note • History
Records, including those described in section 2771, shall be retained for a period of at least three years. These records shall be available for inspection by the Division and its agents upon demand, and copies thereof, and information pertaining thereto or therein, shall be submitted to the Division upon demand.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Renumbering of former section 2771 to section 2772 filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
§2773. Grounds for disciplinary action.
Note • History
A tank tester may be liable civilly and in addition may be subject to administrative sanctions including, but not limited to, notices of warning, letters of caution, fine assessments, denial, suspension, probation, or revocation of his or her license in accordance with sections 25284.4(g) and (h) of the Health and Safety Code for performing or causing another to perform, any of the following acts:
(a) willfully or negligently violating, causing, or allowing the violation of the provisions of Chapters 16 and 17;
(b) willfully or negligently failing to exercise direct and personal supervision over an unlicensed employee, associate, assistant, or agent during any phase of tank or piping integrity testing;
(c) without regard to intent or negligence, using or permitting a licensed or unlicensed employee, associate, or agent to use any tank or piping test method or equipment which is demonstrated to be unsafe or which does not meet the requirements of section 2643 of Chapter 16;
(d) submitting false or misleading information in connection with an application for license or engaging in fraudulent or dishonest activity during the course of an examination for licensure;
(e) using fraud or deception in the course of doing business as a tank tester,
(f) failing to follow standard procedures set by the manufacturer of the equipment used and which were included in evaluating the equipment for conformance with EPA standards.
(g) failing to maintain competence in the test method and procedures for which the tank tester received training and which the tank tester uses to test tanks and associated piping;
(h) failing to use tank and piping test methods or equipment that has been determined to meet performance standards set by federal regulations in 40 CFR 280.40, 280.43, and 280.44;
(i) failing to notify the Division within 30 calendar days of any change of residence or business address and telephone numbers;
(j) failing to include the licensee's name, address, and license number in any advertisement as defined in section 2731;
(k) aiding or abetting an unlicensed tank tester or assigning a license as defined in section 2731;
(l) failing to possess, while performing services, a license which shall be presented upon demand to the tank owner or operator, the Division or its agents or any state or local official;
(m) failing to keep and maintain complete and correct records as described in sections 2771 and 2772;
(n) violating section 17500 of the Business and Professions Code;
(o) failing to have successfully completed training from a manufacturer of tank or piping test equipment in the test method being used by the licensee prior to using the test method; and
(p) using tank or piping test equipment and procedures which do not meet the requirements of Article 4 of Chapter 16.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code; and Section 17500, Business and Professions Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment of section heading and text filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 6. Appeals Regarding Disciplinary Action
§2780. Disciplinary proceedings.
Note • History
A tank tester may be liable civilly in accordance with section 25284.4(h) of the Health and Safety Code and, in addition, may be subject to administrative sanctions pursuant to section 25284.4(g) of the Health and Safety Code for performing, allowing, or causing another to perform, any of the acts specified in section 2773.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Amendment of article heading, renumbering of former section 2780 to section 2781 and renumbering and amendment of former section 2790 to section 2780 filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
Note • History
A licensee or applicant for licensure (hereafter referred to as “appellant” for the purposes of this Article) who wishes to appeal any discretionary decision made by the Office of Tank Tester Licensing or any violation of the time periods set forth in Article 4 may ask for a review by the Division Chief. The request for review must be in writing and must be postmarked within 30 calendar days of the announcement of examination results or notification of an Office of Tank Tester Licensing decision or violation of the time periods set forth in Article 4. The request for review must be accompanied by all evidence the appellant wishes to be considered by the Division Chief and by the State Water Board in any subsequent review.
The Division Chief shall review all evidence and the decision of the Office of Tank Tester Licensing and shall affirm, rescind, or modify the decision. The Division Chief's determination shall be in writing, labeled as the Division Chief's determination and shall inform the appellant that the determination is final and conclusive unless, within 30 calendar days from the date of receipt of the determination, the appellant requests a review by the State Water Board.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Repealer of article heading, renumbering of former section 2781 to section 2782 and renumbering and amendment of former section 2780 to section 2781 filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
§2782. Requests for review by the State Water Board.
Note • History
(a) A request for review by the State Water Board shall contain but not be limited to the following:
(1) name and address of the appellant;
(2) a copy of the Office of Tank Tester Licensing decision and the Division Chief's determination which the State Water Board is requested to review;
(3) the manner in which the petitioner is aggrieved;
(3) the specific action which the appellant wishes the State Water Board to take;
(4) a copy of the evidence presented to the Division Chief prior to the determination.
(b) The appellant may make a written request for a hearing before the State Water Board for the purpose of presenting evidence not provided to the Division Chief.
Any request to present evidence not provided to the Division Chief must include a statement as to why the evidence was not presented to the Division Chief for review.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Renumbering of former section 2782 to section 2783 and renumbering and amendment of section heading and text of former section 2781 to section 2782 filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
§2783. Deficient requests for review.
Note • History
Upon receipt by the State Water Board of a request for review which does not comply with the provisions of section 2782, the State Water Board shall notify the appellant in what respect the request for review is deficient and the time within which an amended request for review may be filed. If a properly amended request is not received by the State Water Board within the time allowed, the request shall be denied unless good cause is shown for an extension of time.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Renumbering of former section 2783 to section 2784 and renumbering and amendment of section heading and text of former section 2782 to section 2783 filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
§2784. Recommendation by the Division Chief.
Note • History
A copy of the request for review and any accompanying evidence and statement(s) shall be sent to the Division Chief. The Division Chief shall file a response to the request with the State Water Board within 20 calendar days of the receipt of the request for review.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Renumbering of former section 2784 to section 2785 and renumbering and amendment of section heading and text of former section 2783 to section 2784 filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
§2785. Action by the State Water Board.
Note • History
(a) The State Water Board may:
(1) refuse to review the Division Chief's determination if the request for review is not filed in accordance with the provisions of section 2782 and 2783.
(2) after review of the petition and the response of the Division Chief:
(A) deny the request upon a finding that the Division Chief's determination was proper; or
(B) set aside or modify the Division Chief's determination; or
(C) direct the Division to take other specified action.
(b) Before taking final action, the State Water Board may hold a hearing for the purpose of oral argument or receipt of additional evidence or both; or, the State Water Board may provide for an informal meeting between the appellant, Division staff, and a member of the State Water Board and such other persons as the State Water Board deems necessary for arbitration.
(c) If a hearing is held, the State Water Board shall give reasonable notice to the appellant, the Division, and other persons as the State Water Board deems appropriate, of the time and place of the hearing and the issues to be considered. The hearing shall be conducted in a manner deemed most suitable for securing all relevant evidence without unnecessary delay.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. Renumbering and amendment of section heading and text of former section 2784 to section 2785 filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2790. Disciplinary Proceedings.
Note • History
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Repealer of article heading and renumbering of former section 2790 to section 2780 filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 7. Revenue
Note • History
(a) The nonrefundable application fee for an initial tank tester license is one hundred dollars ($100).
(b) The examination fee for a tank tester license is two hundred dollars ($200).
(c) The examination fee for a tank tester shall not exceed six hundred dollars ($600).
(d) The nonrefundable reexamination fee is two hundred dollars ($200).
(e) The license renewal fee for a tank tester shall not exceed six hundred dollars ($600).
(f) The license reinstatement fee is two hundred dollars ($200).
(g) The fee for a duplicate license, to replace a lost, stolen or destroyed license is ten dollars ($10).
(h) The fee for the cost of a certified copy of any license or a certification of licensure is five dollars ($5).
(i) The fee for processing a dishonored check is fifteen dollars ($15).
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment of article heading filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2801. Copies of Laws, Rules, etc.; Disposition.
Note • History
The Office of Tank Tester Licensing shall furnish one copy of the licensing law, rules, regulations, manuals, or guides to any applicant or licensee or other interested parties without charge.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
Note • History
Application and license fees are not refundable. Examination fees may be refunded only if the application is rejected by the Office of Tank Tester Licensing, the Division Chief or the State Water Board.
NOTE
Authority cited: Section 25284.4, Health and Safety Code. Reference: Section 25284.4, Health and Safety Code.
HISTORY
1. New section filed 3-30-89 as an emergency pursuant to Health and Safety Code section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior history, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Chapter 18. Petroleum Underground Storage Tank Cleanup Fund Regulations
Article 1. General Provisions
Note • History
(a) The regulations in this chapter implement the Barry Keene Underground Storage Tank Trust Fund Act of 1989 (Health and Safety Code, division 20, chapter 6.75, section 25299.10 et seq.). Except as otherwise specifically provided, this chapter applies to owners and operators of petroleum underground storage tanks as defined in article 2 of this chapter.
(b) This chapter applies in part to owners of residential tanks as this term is defined in article 2 of this chapter.
(c) This chapter establishes financial responsibility requirements for certain owners and operators of underground storage tanks (article 3).
(d) This chapter provides for reimbursement from the Underground Storage Tank Cleanup Fund (Fund) of eligible corrective action, regulatory technical assistance, and third party compensation costs incurred by eligible owners and operators of underground storage tanks and residential tanks (article 4).
(e) This chapter establishes procedures for requesting review of a staff decision by the Fund Manager, appealing a staff decision or a Fund Manager Decision to the Chief of the Division of Clean Water Programs, and for petitioning the State Water Resources Control Board for review of a decision of the Division Chief (article 5).
(f) This chapter establishes procedures for owners and operators of underground storage tanks and other responsible parties to petition for review of a regulatory agency decision not to close an underground storage tank or residential tank site (article 6).
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.10, 25299.11, 25299.13, 25299.31, 25299.39.2, 25299.51, 25299.56, 25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New chapter 18 (sections 2803-2814.3) filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9). For prior history of chapter 18, see Register 81, No. 28.
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (a) and (d) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsection (d) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Article 2. Definition of Terms
Note • History
Unless the context clearly requires otherwise, the terms used in this chapter shall have the following meanings:
“Accident” means an unintentional and unexpected event.
“Annual aggregate amount” means the total amount of financial responsibility that is required to cover all unauthorized releases that might occur in one year.
“Annual revenue” with respect to public entities, means the total annual general purpose revenues, excluding all restricted revenues over which the governing agency has no discretion, as reported in the annual Report of financial Transactions submitted to the Controller, for the latest fiscal year ending prior to the date the Fund application was filed. With respect to nonprofit organizations, this term means the total annual revenues as shown in an annual fiscal report filed with the Registry of Charitable Trusts of state and federal tax records, based on the latest fiscal year ending prior to the date the Fund application was filed.
“Board” means the State Water Resources Control Board.
“Bodily injury” means the physical injury, sickness, disease, including death, sustained by any person as a proximate result of an unauthorized release from an underground storage tank or residential tank.
“Certification” means a written statement signed by a claimant attesting to the accuracy and completeness of the facts contained in the written statement.
“Chief financial officer” means the person who normally prepares, verifies or certifies financial information on behalf of an owner or operator. The term means the owner or operator of the underground storage tank if no other individual is designated as the chief financial officer.
“Claim” means a submittal to the Fund for the reimbursement of costs incurred due to an occurrence. A claim consists of several documents, including, but not limited to, the Fund application, reimbursement requests, and verification documents.
“Claimant” means an owner or operator who files a claim against the Fund.
“Corrective action” means any activity necessary to investigate and analyze the effects of an unauthorized release; propose a cost-effective plan to adequately protect human health, safety, and the environment and to restore or protect current and potential beneficial uses of water; and implement and evaluate the effectiveness of the activity(ies). Corrective action does not include any of the following activities:
(a) detection, confirmation, or reporting of the unauthorized release; or,
(b) repair, upgrade, replacement or removal of an underground storage tank or residential tank.
“De facto owner” means the owner of real property who has actual possession of and control over an underground storage tank or residential tank that is located on the property and that has been abandoned by its legal owner and operator.
“Designated representative” means any person who provides financing for costs claimed in a reimbursement request. The term includes the state, any department or agency thereof, or the federal government.
“Division” means the State Water Resources Control Board, Division of Clean Water Programs, or any other division of the board authorized to administer the Fund.
“Facility” means any one, or combination of, underground storage tanks used by a single business entity or person at a single location or site.
“Federal Act” means subchapter IX of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and Solid Waste Amendments of 1984 (42 U.S.C. §§ 6991-6991i), as it may subsequently be amended or supplemented, and the regulations adopted pursuant thereto. The Federal Act is incorporated herein by reference.
“Financial responsibility” means state and federal financial responsibility requirements for petroleum underground storage tanks. These requirements are established by:
(a) title 40 Code of Federal Regulations, part 280, subpart H (commencing with section 280.90), established pursuant to section 6991c(c) of title 42, United States Code;
(b) Health and Safety Code Section 25292.2;
(c) Health and Safety Code, division 20, article 3, chapter 6.75 (commencing with section 25299.30); and
(d) article 3 of this chapter.
“Fund” means the Underground Storage Tank Cleanup Fund created pursuant to section 25299.50 of the Health and Safety Code.
“General purpose revenues” means revenues consisting of all of the following: secured and unsecured revenues; less than countywide funds, secured and unsecured; prior year secured and unsecured penalties and delinquent taxes; sales and use taxes; transportation taxes (nontransit); property transfer taxes; transient lodging taxes; timber yield taxes; aircraft taxes; franchise taxes; fines, forfeitures, and penalties; revenues from use of money and property; motor vehicle in-lieu taxes; trailer coach in-lieu taxes; homeowner property tax relief; open-space tax relief; and cigarette taxes.
“Gross negligence” means any act or failure to act by the owner or operator, its employees, agents, or any other person under the owner's or operator's supervision or control, in reckless disregard of the consequences, that causes or allows an unauthorized release from an underground storage tank or residential tank to occur or to continue.
“Heating oil” means petroleum, as defined in 40 Code of Federal Regulations, section 280.12, that is: Number 185, page 37117, namely: No.1, No.2, No.4-light, No.4-heavy, No.5-light, No.5-heavy, and No.6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils.
“Initial site investigation” means a soil and groundwater investigation sufficient to identify where contamination resulting from an unauthorized release is most likely to be present.
“Initiation of corrective action” means actual commencement of corrective action work by or under the authority of an owner or operator in accordance with California Code of Regulations, title 23, division 3, chapter 16, article 11 (commencing with section 2720).
“Local agency” means a local agency authorized to implement Health and Safety Code, division 20, chapter 6.7 (commencing with section 25280) pursuant to section 25283 of the Health and Safety Code.
“Nonprofit organization” means a nonprofit public benefit organization incorporated pursuant to title 1, division 2, part 2 (commencing with section 5110) of the Corporations Code.
“Occurrence” means an accident, including continuous or repeated exposure to conditions, that results in an unauthorized release of petroleum from an underground storage tank or residential tank. Unauthorized releases at the same site that require only a single site investigation shall be considered one occurrence. An unauthorized release subsequent to a previous unauthorized release at the same site shall only be considered a separate occurrence if an initial site investigation has been completed for the prior unauthorized release.
“Operator” means any person in control of, or having responsibility for, the daily operation of an underground storage tank or residential tank containing petroleum. The term includes any city, county, or district, or any agency or department thereof, but does not include the state or any agency or department thereof, or the federal government.
“Owner” means a person who owns an underground storage tank or a residential tank. The term includes an owner of real property who is a de facto owner of an underground storage tank or residential tank located on such property; however, the term does not include the state or any agency or department thereof, or the federal government.
“Permit” means a written authorization issued under Health and Safety Code, division 20, chapter 6.7 (commencing with section 25280) and includes but is not limited to the permit required pursuant to section 25284 for an owner or operator to operate an underground storage tank.
“Person” means an individual, trust, firm, joint stock company, corporation, or other entity, including a government corporation, partnership, limited liability company, or association. The term includes a city, county, district, or state, and an agency or department thereof; or the United States to the extent authorized by federal law.
“Petroleum” means crude oil, or any fraction thereof, that is liquid at 60 degrees Fahrenheit and 14.7 pounds per square inch absolute, including the following substances: motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils, including any additives contained in the formulation of the substances.
“Petroleum marketing facilities” means all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.
“Petroleum marketing firms” means all firms owning petroleum marketing facilities. Firms owning other types of facilities with underground storage tanks as well as petroleum marketing facilities are considered to be petroleum marketing firms.
“Property damage” means actual loss, injury, or deterioration to a third party's real or personal property which is caused by an unauthorized release of petroleum from an underground storage tank or residential tank.
“Regional board” means a California Regional Water Quality Control Board.
“Regulatory agency” means the Board, a regional board, or a local, state, or federal agency that has responsibility or authority for regulating underground storage tanks or residential tanks or that has responsibility for corrective action or overseeing corrective action, for unauthorized releases from underground storage tanks or residential tanks.
“Regulatory technical assistance” means assistance from a person other than the claimant in the preparation and submission of a claim to the Fund. Regulatory technical assistance includes assistance with completing and submitting the Fund application, reimbursement requests, and supporting documentation, and complying with procurement requirements. Regulatory technical assistance does not include assistance with preparing and pursuing a site closure petition, an appeal to the Division Chief for unpaid claims, a petition for unpaid claims, or an action in court.
“Reimbursement Request” means documents required by the Division and necessary for reimbursement of a claim.
“Release” means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or residential tank into or on the waters of the state, the land, or the subsurface soils. The term does not include releases which are clearly attributable to spills or overfills occurring as a result of filling or emptying of an underground storage tank or residential tank.
“Residence” means a building that is used primarily for dwelling purposes. Buildings excluded from the definition include, but are not limited to, hotels, motels, hospitals, and military barracks.
“Residential tank” means a tank, as defined in Health and Safety Code section 25281, subdivision (u), including pipes connected thereto, that satisfies all of the following conditions:
(a) The tank is used for the storage of petroleum.
(b) The tank is substantially or totally beneath the surface of the ground.
(c) The tank meets either (1) or (2) below:
(1) The tank is located at the residence of a person on property used exclusively for residential purposes at the time of discovery of the unauthorized release; or
(2) The tank is located at the residence of a person, the tank is located on property that on and after January 1, 1985, has not been used for agricultural purposes, the tank has a capacity of 1,100 gallons or less, and on and after January 1, 1985, the petroleum in the tank has been used solely as home heating oil for consumptive use on the premises where stored.
(d) The tank meets both (1) and (2) below:
(1) The tank meets one of the following:
(A) The tank has a capacity greater than 1,100 gallons; or
(B) The tank is not located on a farm; or
(C) The tank does not store motor vehicle fuel used primarily for agricultural or resale purposes.
(2) On or after January 1, 1985, the tank has not been used to store motor vehicle fuel used primarily for agricultural or resale purposes.
“Site” means the parcel of real property at which an underground storage tank or residential tank is located, subject to the following limitations:
(a) If underground storage tanks or residential tanks are located at adjacent parcels of real property, the adjacent parcels together constitute one site if both of the following apply:
(1) The underground storage tanks are, or have been, operated by the same person.
(2) The adjacent parcels are under common ownership or control.
(b) Notwithstanding subdivision (a), the Board may consider a parcel of real property as consisting of multiple sites, corresponding to the number of distinct underground storage tank or residential tank operations at the parcel, if the Board makes both of the following findings:
(1) There is more than one underground storage tank or residential tank located at the parcel.
(2) Each separately operated underground storage tank, residential tank, or group of underground storage tanks and residential tanks is not, and has not been, operated by a person who is operating or has operated another underground storage tank or residential tank at the same parcel.
“Small business” means a business which, at the time of application to the Fund, fits the definition of a small business set forth in Government Code section 14837, subdivision (d), except that a business that is domiciled or has its principal office outside of the state is a “small business” if the business otherwise fits the definition set forth in section 14837, subdivision (d).
“Tangible net worth” means the tangible assets that remain after deducting liabilities. Such assets do not include intangibles such as good will and rights in patents or royalties.
“Third party” means a person other than an owner of the real property, or an owner or operator of the underground storage tank or residential tank that is the subject of a claim. The term does not include current or former tenants or landlords of the site.
“Third party compensation” means compensation an owner or operator is legally obligated to pay a third party, whether or not the owner or operator receives reimbursement from the fund, for bodily injury or property damage to the third party resulting from an unauthorized release of petroleum from an underground storage tank or residential tank. Compensation must be made pursuant to a court-approved settlement, a final judgment other than a default judgment, or an arbitration award by a court-appointed arbitrator as a result of proceedings conducted in accordance with the Code of Civil Procedure, part 3, title 9 (commencing with section 1280), imposing liability on the owner or operator for costs eligible for reimbursement as set forth in section 2812.2, subdivision (f) of this chapter.
“Unauthorized release” means any release that does not conform to Health and Safety Code, division 20, chapter 6.7 (commencing with section 25280), whether the release is from a residential tank or a petroleum underground storage tank, unless the release is authorized by the Board or a regional board pursuant to Water Code, division 7 (commencing with section 13000).
“Underground storage tank” means an underground storage tank as defined in Health and Safety Code section 25281, subdivision (y), except that “underground storage tank” means only those underground storage tanks that contain only petroleum or, consistent with Federal Act, a mixture of petroleum with de minimis quantities of other regulated substances. “Underground storage tank” does not include any structures specifically exempted under California Code of Regulations, title 23, section 2621.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25281, 25299.11-25299.25, 25299.31, 25299.37, 25299.52, 25299.54(e)(1)-(2), 25299.55, 25299.57, 25299.58 and 25299.61, Health and Safety Code; and 40 Code of Federal Regulations Section 280.12.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Editorial correction of printing error restoring article 2 heading (Register 93, No. 22).
4. Amendment adding definitions for “Annual revenue,” “Environmental services,” “General purpose revenues” and “Non profit organization,” and amending definitions for “Designated representative,” “Facility,” “Residential Tank,” “Small business,” “Third party” and “Underground storage tank” filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
5. Amendment of definition “Annual review” and new definition “Reimbursement Request” filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
6. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
7. Amendment of definitions of “Annual review,” “Claim,” “Regulatory technical assistance,” “Residence,” “Residential tank,” “Site” and “Underground storage tank” filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Article 3. Financial Responsibility Requirements
Note • History
(a) This article applies to all owners and operators of underground storage tanks containing petroleum who, pursuant to the Federal Act, are required to demonstrate financial responsibility to take corrective action and compensate third parties for bodily injury and property damage caused by accidental releases of petroleum. Owners and operators who are not required to demonstrate financial responsibility by the Federal Act are not subject to the requirements of this article.
(b) Current federal financial responsibility requirements are contained in 40 Code of Federal Regulations, part 280 and are incorporated herein by reference.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2806. General Responsibility to Meet Federal Requirements.
Note • History
(a) All owners and operators subject to this article are required to demonstrate financial responsibility in the amounts and at the times required by the Federal Act. When owners and operators are no longer required to demonstrate financial responsibility by the Federal Act, they are no longer required to demonstrate financial responsibility by this article.
(b) An owner or operator is no longer required to demonstrate financial responsibility or maintain evidence thereof for any underground storage tank that has been permanently closed or, if corrective action is required, after the corrective action has been completed and the underground storage tank has been permanently closed in accordance with the applicable provisions of Health and Safety Code section 25298, the California Code of Regulations, title 23, division 3, chapter 16, article 7, and applicable local requirements.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2806.1. Current Federal Compliance Dates.
Note • History
(a) Owners and operators must comply with federal financial responsibility requirements by the date or dates specified in the Federal Act. The compliance date is determined by the characteristics of the owner as set forth in 40 Code of Federal Regulations, section 280.91. Currently the applicable federal compliance dates are:
(1) January 24, 1989 for all petroleum marketing firms owning 1,000 or more underground storage tanks and all other underground storage tank owners who report a tangible net worth of $20 million or more to the U.S. Securities and Exchange Commission (SEC), Dun and Bradstreet, the Energy Information Administration, or the Rural Electrification Administration;
(2) October 26, 1989 for all petroleum marketing firms owning 100-999 underground storage tanks;
(3) April 26, 1991 for all petroleum marketing firms owning 13-99 underground storage tanks at more than one facility;
(4) December 31, 1993 for all petroleum underground storage tank owners or operators not described in subdivisions (1) through (3) of this section, excluding local governmental entities;
(5) February 18, 1994 for local governmental entities; and
(6) December 31, 1998 for federally recognized Indian tribes that own underground storage tanks on Indian lands if those underground storage tanks comply with all current technical requirements, such as leak detection requirements.
(b) Federal and state agencies are not subject to financial responsibility requirements.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.30, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a)(4), new subsections (a)(5) and (a)(6), and repealer and new subsection (b) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of subsection (a)(6) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2806.2. Demonstration of Compliance with Financial Responsibility Requirements by Owners and Operators.
Note • History
If the owner and operator are separate persons, either the owner or operator shall demonstrate compliance with financial responsibility requirements. However, both the owner and operator are responsible for ensuring that applicable financial responsibility requirements are met.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.30 and 25299.31, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2807. Required Financial Responsibility Amounts.
Note • History
(a) Owners or operators must demonstrate financial responsibility in the amounts required by the Federal Act. Currently the federally required minimum amounts are:
(1) $1 million per occurrence for owners and operators of underground storage tanks either located at a petroleum marketing facility or which handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year; or
(2) $500,000 per occurrence for all owners or operators not included in the preceding subdivision; and
(3) $1 million annual aggregate coverage for owners or operators of 1 to 100 underground storage tanks; or
(4) $2 million annual aggregate coverage for owners or operators of 101 or more underground storage tanks.
(b) The amounts of assurance required under this section exclude legal defense cost as defined in 40 Code of Federal Regulations, section 280.92.
(c) The required per occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.30 and 25299.32, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2808. Demonstration of Financial Responsibility Through Compliance with Federal Requirements.
Note • History
Owners or operators may fulfill federal financial responsibility requirements in the manner and through the mechanisms authorized by the Federal Act. Owners or operators who choose to fulfill financial responsibility requirements through a mechanism other than the Fund must meet all applicable conditions and requirements, and are subject to all applicable provisions contained in the Federal Act.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.30 and 25299.33, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2808.1. Use of Fund to Meet Financial Responsibility Requirements.
Note • History
(a) As an alternative to, or in conjunction with, demonstration of financial responsibility in the manner and through use of other mechanisms authorized by the Federal Act, an owner or operator may demonstrate financial responsibility of up to $1 million through use of the Fund. In order to use the Fund as a basis for demonstration of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage, an owner or operator must at all times:
(1) demonstrate financial responsibility of at least the following amount per occurrence and per annual aggregate coverage exclusive of the Fund:
Claim Priority Class Financial Responsibility
Pursuant to Section 2811.1 Amount
Priority Class A $-0-
Priority Class B $ 5,000
Priority Class C $ 5,000
Priority Class D $10,000
If a waiver is granted pursuant to section 2811, subdivision (a)(2)(B), demonstrate financial responsibility of at least twice the above amounts per occurrence and per annual aggregate coverage, exclusive of the Fund.
(2) demonstrate financial responsibility for an additional $1 million, exclusive of the Fund if the owner or operator is required to comply with the provisions of section 2807, subdivision (a)(4); and
(3) maintain eligibility to participate in the Fund.
(b) An owner or operator may demonstrate the financial responsibility required by subdivisions (a)(1) and (2) of this section through the use of any of the mechanisms authorized by the Federal Act, or through the use of any mechanism specified and approved by the Board. Owners and operators who choose to fulfill financial responsibility requirements in this manner must meet all applicable conditions and requirements, and are subject to all applicable provisions, indicated in the Federal Act.
(c) As an alternative to the mechanisms indicated in subdivision (b) of this section, an owner or operator may demonstrate compliance with applicable financial responsibility requirements by demonstration of a tangible net worth of ten times the required minimum applicable annual aggregate coverage required under or pursuant to subdivision (a)(1) of this section. The tangible net worth amount must be calculated on the basis of current market value of tangible assets and must reflect the tangible net worth of the owner or operator as of the close of the latest completed fiscal year used by the owner or operator. In order to utilize the alternative specified in this subdivision, the owner or operator shall ensure that both of the following occur:
(1) the chief financial officer or the owner or operator must sign, under penalty of perjury, a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:
LETTER FROM CHIEF FINANCIAL OFFICER
I am the chief financial officer for [insert: business name, business address and correspondence address of the owner or operator]. This letter is in support of the use of the Underground Storage Tank Cleanup Fund to demonstrate financial responsibility for taking corrective action and/or compensating third parties for bodily injury and property damage caused by an unauthorized release of petroleum in the amount of at least [insert: dollar amount] per occurrence and [insert: dollar amount] annual aggregate coverage.
Underground storage tanks at the following facilities are assured by this letter: [insert: the name and address of each facility where the underground storage tanks for which financial responsibility is being demonstrated are located].
1. Amount of annual aggregate coverage being assured by this
letter $
2. Total tangible assets $
3. Total liabilities $
4. Tangible net worth (subtract line 3 from line 2. Line 4 must be at least 10 times line 1) $
I hereby certify that the wording of this letter is identical to the wording specified in section 2808.1, subdivision (c)(1), chapter 18, division 3, title 23 of the California Code of Regulations.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed at [insert: place of execution] on [insert: date].
[Signature]
[Name]
[Title]
(2) the letter must be signed by the date on which the owner or operator commences use of the alternative allowed by this subdivision and the letter must be renewed within 150 days after the close of each subsequent fiscal year so long as the owner or operator continues to use this alternative to demonstrate financial responsibility.
(d) If an owner or operator using the alternative provided by subdivision (c) of this section no longer meets applicable tangible net worth requirements based on the net worth of the owner or operator as of the close of the latest completed fiscal year used by the owner or operator, the owner or operator must demonstrate the required financial responsibility by an acceptable alternate mechanism within 150 days of the close of such fiscal year.
(e) The Division or any appropriate regulatory agency may require reports of financial condition at any time from an owner or operator. If the Division or regulatory agency finds, on the basis of such reports or other information, that the owner or operator no longer meets the applicable tangible net worth requirements, the owner or operator must demonstrate the required financial responsibility by an acceptable mechanism within 30 days after notification of such finding.
(f) If an owner or operator subject to the requirements of subdivisions (d) and (e) of this section cannot demonstrate the required financial responsibility called for by these subdivisions within the time frames stated therein, the owner or operator must notify the Division and any appropriate regulatory agencies within 10 days after expiration of the time frames indicated in subdivisions (d) and (e).
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.31, 25299.32, 25299.33 and 25299.58(d), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction deleting duplicate text following History 1. (Register 92, No. 21).
3. Editorial correction of printing errors in History 1. (Register 92, No. 43).
4. Amendment of subsections (a)(1), (c), and (d)(1) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
5. Repealer and new subsection (a)(1) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
6. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note • History
(a) An owner or operator using the Fund to demonstrate financial responsibility shall be liable for all costs of corrective action, third party compensation, and regulatory technical assistance.
(b) Provided that an owner or operator is in compliance with applicable financial responsibility requirements and meets all requirements for payment from the Fund, and subject to the availability of funds, the Fund will reimburse the owner or operator as follows:
(1) for the reasonable and necessary cost of corrective action, third party compensation, and regulatory technical assistance incurred by the owner or operator up to an amount not to exceed $1,000,000 for each occurrence, less the applicable financial responsibility limits set forth in section 2808.1, subdivision (a)(1) of this chapter; and
(2) after the Fund has reimbursed an owner or operator the maximum amount specified in subdivision (b)(1) of this section, up to an additional $500,000 for each occurrence for the reasonable and necessary cost of corrective action and regulatory technical assistance in excess of the amount specified in subdivision (b)(1) of this section.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.32, 25299.57(a), (d) and (j), 25299.58, 25299.59(b), 25299.60 and 25299.81(c)(1), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Repealer of former section 2808.2 and renumbering of former section 2808.3 to section 2808.2, including amendment of section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note • History
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.32(a), 25299.57(a) and (d), 25299.58, 25299.59(e) and 25299.77, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. New subsection (b) and subsection relettering, amendment of newly designated subsection (c), new subsection (d) and subsection relettering, and amendment of newly designated subsection (e) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Renumbering of section 2808.3 to section 2808.2 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2809. Reporting by Owner or Operator.
Note • History
(a) An owner or operator shall notify the appropriate regulatory agency, in writing, of compliance with the financial requirements of this article within 45 days of the appropriate date specified in section 2806.1. An owner or operator shall notify the appropriate regulatory agency of compliance with financial responsibility when applying for an initial permit to operate a new underground storage tank containing petroleum. Thereafter, at the time of permit renewal, an owner or operator shall notify the appropriate regulatory agency of continued compliance with the requirements of this article.
(b) An owner or operator must submit a copy of the financial responsibility mechanism or mechanisms being used by the owner or operator, and otherwise document current compliance with financial responsibility requirements, upon request of the appropriate regulatory agency under any of the following conditions:
(1) within 30 days after the owner or operator identifies an unauthorized release of petroleum which is required to be reported under the California Code of Regulations, title 23, division 3, chapter 16, article 5; or
(2) as required by the Federal Act.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.31 and 25299.33, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note • History
(a) Owners and operators must maintain evidence of all mechanisms used to demonstrate financial responsibility in accordance with the provisions of this article until the provisions of this article no longer require such maintenance. Such evidence must be maintained at the underground storage tank site or sites or the owner or operator's place of business.
(b) Evidence of all mechanisms used, other than a chief financial officer's letter utilized pursuant to subdivision (c) of section 2808.1, shall be maintained in accordance with the requirements of the Federal Act. A copy of any chief financial officer's letter used pursuant to subdivision (c) of section 2808.1 must be maintained on file at the underground storage tank site(s) or the owner or operator's place of business within 5 days after execution of the letter. The copy of such letter shall be maintained so long as the owner or operator continues to use the letter to demonstrate financial responsibility and must be maintained in addition to the certification provided for in subdivision (c) of this section.
(c) An owner or operator using a mechanism allowed by this article must maintain an updated copy of a certification of financial responsibility worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CERTIFICATION OF FINANCIAL RESPONSIBILITY
[Owner or operator] hereby certifies that [owner or operator] is in compliance with the requirements of section 2807, article 3, chapter 18, division 3, title 23, California Code of Regulations.
The mechanisms used to demonstrate financial responsibility as required by section 2807 are as follows:
[List the facility and address, each type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage, and whether the mechanism covers taking corrective action and/or compensating third parties for bodily injury and property damage]
[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]
The owner or operator must update this certification whenever the mechanisms used to demonstrate financial responsibility change.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.31 and 25299.33, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2809.2. Additional Financial Information.
Note • History
The Division or an appropriate regulatory agency may require an owner or operator to submit evidence of financial responsibility or other information relevant to compliance with this article at any time.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.31 and 25299.33, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Article 4. The Fund
§2810. Types of Costs Reimbursed.
Note • History
(a) A claimant may submit a claim to the Fund for the reimbursement of the following types of costs incurred due to an occurrence:
(1) corrective action costs incurred for work performed on or after January 1, 1988;
(2) third party compensation costs;
(3) regulatory technical assistance costs incurred for work performed on or after January 1, 1997; or;
(4) any combination of the foregoing types of costs.
(b) A claimant must submit a separate claim for each occurrence. Multiple owners and operators of a site may submit joint claims.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.51(f) and (i), 25299.54(a), 25299.55(c), 25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
4. Amendment of section heading, section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
(a) Only a current or former owner or operator of an underground storage tank or residential tank who has paid or will pay for the costs for which reimbursement from the Fund is requested may file a claim against the Fund. In order to file a request for reimbursement of third party compensation costs, the owner or operator must be eligible to file a request for reimbursement of corrective action costs for the site at which the unauthorized release occurred, and the judgment, arbitration award, or settlement must have been entered or approved after January 1, 1988.
(b) Notwithstanding subdivision (a), a person who owns a site may file a claim against the Fund if:
(1) an unauthorized release requiring corrective action previously occurred at the site;
(2) the site was the subject of completed corrective action;
(3) as a result of the corrective action identified in subdivisions (b)(1) and (b)(2), a regulatory agency issued a closure letter stating that no further action was required at the site;
(4) the person who completed the corrective action identified in subdivisions (b)(1) and (b)(2) was eligible for reimbursement from the Fund and filed a claim with the Fund;
(5) reimbursements by the Fund for earlier claims at the site did not exceed the amount of reimbursement authorized by section 2808.2, subdivision (b) of this chapter; and
(6) a regulatory agency requires additional corrective action at the site due to additionally discovered contamination from the previous unauthorized release.
(c) Purchasers of real property or persons who otherwise acquire real property on which an underground storage tank or residential tank is situated may not receive reimbursement from the Fund for a cost attributable to an occurrence that commenced prior to acquisition of the real property if:
(1) the purchaser or acquirer knew or in the exercise of reasonable diligence would have discovered that an underground storage tank or residential tank was located on the real property being acquired; and
(2) any person who owned the site or owned or operated an underground storage tank or residential tank at the site prior to acquisition by the purchaser or acquirer would not have been eligible for reimbursement from the Fund.
(d)(1) If an owner of an underground storage tank or residential tank is ineligible to file a claim against the Fund, the operator at the time of the act or omission causing the owner's ineligibility is also ineligible to file a claim for the site.
(2) If an operator of an underground storage tank or residential tank is ineligible to file a claim against the Fund, the owner at the time of the act or omission causing the operator's ineligibility is also ineligible to file a claim for the site.
(3) If a previous owner or operator of an underground storage tank or residential tank is ineligible to file a claim against the Fund, the current owner and the current operator may not receive reimbursement from the Fund for a cost attributable to an occurrence that commenced when a previous owner or operator had ownership or control over the underground storage tank or residential tank.
(e) For purposes of subdivisions (c) and (d)(3), an owner or operator may use one of the following to demonstrate that a cost is eligible for reimbursement from the Fund because the cost is attributable to an occurrence that commenced after an ineligible owner or operator ceased having ownership of or control over the underground storage tank or residential tank.
(1) A regulatory agency has issued a no further action letter for the site after the previous, ineligible owner or operator ceased having ownership of or control over the underground storage tank or residential tank.
(2) A person acquired the real property, underground storage tank, or residential tank, or commenced operating at a site in reliance on an environmental site assessment that concluded that petroleum contamination was not an environmental concern at the site. For purposes of this subdivision, an environmental site assessment must conform to the standards set forth in subdivision (e)(4) of this section.
(3) After a person acquired the real property, underground storage tank, or residential tank, or commenced operating at a site, an environmental site assessment concluded that petroleum contamination was not present at the site at the time of the assessment above regulatory action levels. For purposes of this subdivision, an environmental site assessment must conform to the standards set forth in subdivision (e)(4) of this section.
(4) A person may rely only on an environmental site assessment that conforms with all the standards of this subdivision (e)(4) to demonstrate that a cost to be submitted to the Fund is not attributable to an occurrence that commenced when a prior owner or operator had ownership of or control over an underground storage tank or residential tank.
(A) the person seeking to submit a claim to the Fund contracted with the person conducting the environmental site assessment for preparation of the site assessment;
(B) the environmental site assessment conforms to generally accepted commercial practices or standards for due diligence;
(C) a professional geologist or professional engineer substantially controls the environmental site assessment and signs the report of the environmental site assessment;
(D) the environmental site assessment concludes that petroleum contamination is not an environmental concern because either:
(i) there is no evidence that there has been a release at the property; or
(ii) to the extent there has been a release at the property, a regulatory agency has issued a written statement that no further action is required for any release identified by the environmental site assessment; and
(E) in those circumstances in which the person preparing the environmental site assessment determines that an underground storage tank or residential tank is present or has been present on the site, the environmental site assessment includes sampling at locations that, in the engineer's or geologist's professional opinion, are most likely to have petroleum contamination, but at a minimum, includes sampling and analysis of soil for petroleum constituents at each of the following locations:
(i) underneath the underground storage tank or residential tank,
(ii) at least once for each twenty linear feet of trench for piping, and
(iii) beneath each dispenser island at the site.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.10, 25299.13, 25299.37(a)-(c), 25299.51(f) and (i), 25299.54, 25299.55, 25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a)(6) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsection (a) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2810.2. Ineligibility of Cost Prior to January 1, 1988.
Note • History
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.55(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2810.3. Intentional or Reckless Acts; Ineligibility of Costs.
Note • History
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.61, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2811. Permitting and Other Eligibility Requirements.
Note • History
(a) An owner or operator of an underground storage tank or a residential tank for which a permit is required under section 25284 of the Health and Safety Code shall be entitled to reimbursement for eligible corrective action, regulatory technical assistance, and third party compensation costs if all of the following are met:
(1) There was an unauthorized release of petroleum from the underground storage tank or residential tank.
(2)(A) Except as provided in subdivision (B), the claimant has complied with the permit requirements of chapter 6.7 (commencing with section 25280).
(B) If the underground storage tank or residential tank that is the subject of the claim was installed before January 1, 1990, and the claimant owned or operated the tank before January 1, 1990, the claimant must have obtained any permit required by Health and Safety Code, division 20, chapter 6.7, or filed a substantially complete application for any required permit on or before January 1, 1990. If the claimant did not obtain or file for a permit required by Health and Safety Code section 25284 on or before January 1, 1990, then the claimant may seek a waiver of the requirement to obtain a permit, as set forth in subdivisions 1. and 2. below.
1. For claims filed before January 1, 1994, a claimant may obtain a waiver of the requirement to obtain a permit required by Health and Safety Code section 25284 if the claimant owned or operated the tank before January 1, 1990, and demonstrates to the satisfaction of the Division that obtaining or applying for a permit was beyond the claimant's reasonable control, or that under the circumstances of the particular case, it would be unreasonable or inequitable to impose the requirement to obtain a permit. Any claimant who obtains a waiver of the requirement to obtain a permit pursuant to this subdivision shall pursue with reasonable diligence and obtain any permit required by Health and Safety Code, division 20, chapter 6.7.
2. For claims filed on or after January 1, 1994, and for claims filed before January 1, 1994, but where the claimant is not granted a waiver pursuant to subdivision 1. above, a claimant may obtain a waiver of the requirement to obtain a permit required by Health and Safety Code section 25284 if the claimant owned or operated the tank before January 1, 1990, and demonstrates all of the following to the satisfaction of the Division:
a. The claimant was unaware prior to January 1, 1990, of the requirement to obtain a permit, and the claimant did not intentionally avoid the requirement or associated fees at any time.
b. Before submitting the application to the Fund, the claimant complied with the financial responsibility requirements set forth in section 25299.31 of the Health and Safety Code.
c. Before submitting the application to the Fund, the claimant paid for and obtained any currently required permit.
d. Before submitting the application to the Fund, the claimant paid all currently due fees, interest, and penalties imposed pursuant to Health and Safety Code, division 20, chapter 6.75, article 5 (commencing with section 25299.40) and Revenue and Taxation Code, division 2, part 26 (commencing with section 50101) for the underground storage tank that is the subject of the claim.
(C) A claimant to whom the Division grants a waiver pursuant to subdivision (B)2. shall obtain a level of financial responsibility in an amount twice as great as the amount that the claimant is otherwise required to obtain pursuant to section 25299.32 of the Health and Safety Code. The Division may waive the requirements of this subdivision if the claimant can demonstrate that the conditions specified in subdivisions (B)2.a., b., c., and d. above were satisfied before the release resulting in contamination. That demonstration may be made through a certification issued by the permitting agency based on site and underground storage tank tests at the time of permit application, or in any other manner acceptable to the Division.
(3) The claimant has complied with any applicable financial responsibility requirements.
(4) On or after January 1, 1988, the claimant was required to perform corrective action pursuant to Health and Safety Code, division 20, chapter 6.7, Water Code, division 7, or section 25299.37 of the Health and Safety Code. If the claimant knew of the unauthorized release of petroleum that is the subject of the claim before January 1, 1988, and failed to initiate corrective action on or before June 30, 1988, then the claimant may not file a claim against the Fund.
(5) Any corrective action performed before December 2, 1991, was performed in accordance with Health and Safety Code, division 20, chapter 6.7 and Water Code, division 7. Any corrective action performed on or after December 2, 1991, was performed in accordance with California Code of Regulations, title 23, division 3, chapter 16, article 11. Any corrective action performed was performed in accordance with the written or oral directives of the appropriate regulatory agency. If oral directives are relied upon, the claimant shall provide a written statement from the regulatory agency certifying that the directives were issued or other verification as may be acceptable to the Division.
(6) The claimant paid all currently due fees, interest, and penalties imposed pursuant to Health and Safety Code, division 20, chapter 6.75, article 5 (commencing with section 25299.40) and Revenue and Taxation Code, division 2, part 26 (commencing with section 50101) for the underground storage tank that is the subject of the claim.
(b) An owner or operator of a residential tank for which a permit is not required under section 25284 of the Health and Safety Code shall be entitled to reimbursement for eligible corrective action, regulatory technical assistance, and third party compensation costs only if the conditions set forth in subdivisions (a)(1) and (3) of this section are met, and if any corrective action performed was required to be performed by the regulatory agency and was performed in accordance with the written or oral directives of the regulatory agency. If oral directives are relied upon, the claimant shall provide a written statement from the regulatory agency certifying that the directives were issued or shall provide such other verification as may be acceptable to the Division.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(a)-(c), 25299.54, 25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (a) and (a)(2), new subsections (a)(2)(A)-(C), and amendment of subsections (b) and (c) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Editorial correction of subsection (c) (Register 96, No. 32).
5. Amendment of subsections (a)(2)(B)(i) and (a)(2)(C) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
6. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
7. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2811.1. Claim Priority Classes.
Note • History
(a) The Board will assign each acceptable claim to one of the following priority classes:
(1) Class A--Claims by owners of residential tanks as defined in article 2 of this chapter.
(2) Class B--Claims by owners and operators of underground storage tanks who meet the definition of a small business as defined in article 2 of this chapter, and cities, counties, districts, and nonprofit organizations that have total annual revenues of not more than $7,000,000. In determining the amount of a nonprofit organization's annual revenues, only those revenues directly attributable to the particular site which is the subject of the claim will be calculated.
(3) Class C--Claims by owners and operators of underground storage tanks who own or operate a business that employs fewer than 500 full-time and part-time employees, is independently owned and operated, and is not dominant in its field of operation, and claims by cities, counties, districts, and nonprofit organizations that have less than 500 full-time and part-time employees. In determining the number of employees employed by a nonprofit organization, only those full-time and part-time employees employed at the site that is the subject of the claim will be calculated.
(4) Class D--Claims by all other owners and operators of underground storage tanks.
(b) For purposes of assignment to a priority class, the Board will base the priority of a claim on the lowest priority appropriate for any claimant, including any joint claimant, the owners and operators at the time of discovery of the unauthorized release, and the owners and operators at the time of application to the Fund, unless the claimant can demonstrate to the satisfaction of the Division that such treatment would be inconsistent with the priority scheme mandated by section 25299.52, subdivision (b) of the Health and Safety Code.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.52(a)-(b) and 25299.54(e)(1)-(2), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (a)(1)-(3) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of subsections (a)(2)-(3) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2811.2. Fund Application Requirements; Reimbursement Requests for Corrective Action Costs.
Note • History
A Fund application for reimbursement of corrective action costs shall contain the following:
(a) the name of the claimant, a correspondence address, a telephone number or numbers where the claimant can be contacted during normal business hours, and a federal tax identification number or social security number;
(b) if a joint claim is submitted by multiple owners and operators, the name, correspondence address, telephone number or numbers, tax identification number or social security number of each claimant, and the dates during which each claimant owned or operated the underground storage tank or residential tank that is the subject of the claim;
(c) if the claimant designates a representative to be a co-payee for payment from the Fund, the name, address, and telephone number of the co-payee;
(d) the site address or a description of the site where the underground storage tank or residential tank that is the subject of the claim is located, and a site map drawn to scale which includes a north arrow and distances relative to the nearest public roads;
(e) any identification number assigned by a regulatory agency, and the underground storage tank storage fee account number assigned by the California Board of Equalization, if applicable;
(f) a brief description of the background of the claim, to the best of the claimant's knowledge, including the following:
(1) if the claimant is an owner, the date on which the claimant acquired the underground storage tank or residential tank that is the subject of the claim, the person from whom the claimant acquired the underground storage tank or residential tank and, if the underground storage tank or residential tank has been transferred to another person, the date of transfer and the person who acquired the underground storage tank or residential tank;
(2) if the claimant is an operator, the dates during which the claimant operated the underground storage tank or residential tank that is the subject of the claim, the person who owned the underground storage tank or residential tank during such periods, including the person's last known correspondence address and telephone number, the name and address of the current owner of the underground storage tank or residential tank involved, and the priority class that would be appropriate for the current owner if the owner were to file a claim against the Fund;
(3) if the claimant owns the site at which the underground storage tank or residential tank that is the subject of the claim is located, the date on which the claimant acquired the site, the person from whom the claimant acquired the site, and if the site has been transferred, the date of sale and the person who acquired the underground storage tank or residential tank.
(4) the capacity of the underground storage tanks or residential tanks located at the site and the substances that have been stored therein;
(5) the date on which the claimant first learned of the unauthorized release;
(6) the date on which any corrective action was initiated and the current status of any corrective action in progress;
(7) if corrective action on the site is complete, the date on which such action was completed; and
(8) a brief description of the corrective action which was undertaken;
(g) a statement of the priority class sought by the claimant and the following documentation to support assignment to that priority class:
(1) for Priority Class A, documentation showing that the tank meets the definition of “residential tank” set forth in section 2804;
(2) for Priority Class B, copies of the claimant's federal tax returns. If the claimant is a city, county, or district, a copy of the Annual Report of Financial Transactions as submitted to the State Controller's Office for the latest fiscal year. If the claimant is a nonprofit organization, a copy of the annual fiscal report filed with the Registry of Charitable Trust or a copy of the federal tax records for the latest fiscal year;
(3) for Priority Class C, documentation identifying the number of full-time and part-time employees (e.g., copy of an Employment Development Department form DE6);
(h) a statement of the total amount of costs for which reimbursement is sought;
(i) a certification that all corrective action costs claimed were incurred for work performed after January 1, 1988;
(j) a certification that the claimant meets all applicable eligibility requirements set forth in section 2811 of this chapter;
(k) an agreement by the claimant that the Board may conduct an audit of any claim honored by the Board and that the claimant will reimburse the Board for any disallowance of costs occasioned by such an audit. The claimant must agree to retain all records pertaining to the claim for a period of at least three years after final payment by the Fund, and to provide the records to the Board upon request. The three-year period shall be extended until the completion of any audit in progress; and
(l) a copy of any agreement entered into by a claimant where a person agrees to incur costs on behalf of the claimant or where the claimant assigns Fund reimbursement rights to a person;
(m) if a claimant has entered into the agreement described in subdivision (l), documentation that confirms the date of the agreement (e.g., a sworn statement by all parties to the agreement);
(n) any other information or supporting documentation reasonably required by the Division to determine the eligibility, reimbursable amount due, or appropriate priority class of the claim.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(a), (b) and (e), 25299.52(a)-(b), 25299.54(a)-(e), 25299.55, 25299.57(a), (b), (d) and (f), 25299.58(b)(1), (3) and (4) and 25299.59(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (j), (j)(3), (k), and (l) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section heading and subsection (e) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
6. Amendment of section heading, first paragraph and subsection (g)(1), new subsections (l) and (m), subsection relettering and amendment of Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2811.3. Fund Application Requirements; Reimbursement Requests for Third Party Compensation Costs.
Note • History
A Fund application for reimbursement of third party compensation costs shall contain the following:
(a) the information described in section 2811.2, subdivisions (a) through (h) and, if applicable, subdivisions (l) and (m);
(b) a certification that the claimant meets all applicable eligibility requirements set forth in section 2811 of this chapter;
(c) a certified or verified copy of the judgment, court-approved settlement, or arbitration award pursuant to which the claimant seeks reimbursement;
(d) an agreement by the claimant that the Board may conduct an audit of any claim honored by the Board and that the claimant will reimburse the Board for any disallowance of costs occasioned by such an audit. The claimant must also agree to retain all records pertaining to the claim for a period of at least three years after final payment on the claim, and to provide the records to the Board upon request. The three-year period shall be extended until the completion of any audit in progress.
(e) any other information or supporting documentation reasonably required by the Division to determine the eligibility, reimbursable amount due, and appropriate priority class of the claim.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(a), (b) and (e), 25299.52(a)-(b), 25299.54(a)-(d), 25299.55, 25299.57(a), (b), (d) and (f), 25299.58 and 25299.59(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section heading filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of section heading, first paragraph, subsection (a) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2811.4. Pre-Approval of Corrective Action Proposals or Bids; Assistance with Contractor and Consultant Selection.
Note • History
(a) Where a claimant seeks pre-approval of a proposal or bid for preparing a workplan or corrective action plan as specified in the California Code of Regulations, title 23, division 3, chapter 16, article 11, the claimant shall submit copies of all proposals or bids received for preparing the workplan or corrective action plan.
(b) Where a claimant seeks pre-approval of corrective action proposals or bids for implementing a workplan or corrective action plan, the claimant shall submit the following:
(1) a copy of the workplan or corrective action plan prepared as specified in the California Code of Regulations, title 23, division 3, chapter 16, article 11;
(2) a copy of a letter or other written materials that demonstrate to the Division's satisfaction that the appropriate regulatory agency has directed that a workplan or corrective action plan be prepared, and that the regulatory agency has concurred with the workplan or corrective action plan;
(3) copies of all proposals or bids that the claimant received from contractors or consultants for conducting the work specified in the workplan or corrective action plan. If the claimant has obtained fewer than three proposals or bids, the claimant must submit a written request that the Division waive the three bid requirement pursuant to section 2812.1 of this chapter. The request must include an explanation as to why the three bid requirement is unnecessary, unreasonable or impossible to comply with under the circumstances pertaining to the claim; and
(4) other information the Division deems necessary.
(c) The Division shall approve or disapprove as reasonable and necessary the proposals or bids submitted for preparing or implementing the specified workplan or corrective action plan within 30 days after the date a request is received. If the Division disapproves a request for pre-approval or fails to act within 30 days after receiving the request, the claimant may petition the Board for review using the procedures set forth in article 5 of this chapter.
(d) Where a claimant requests assistance in the selection of contractors and consultants, the Division shall provide assistance with the following:
(1) identification of potential contractors and consultants;
(2) preparation of requests for statements of qualifications from potential contractors and consultants;
(3) comparison and evaluation of the qualifications of contractors and consultants;
(4) preparation of invitations for obtaining estimates and bids from contractors and consultants; and
(5) comparison of proposals and bids.
(e) When providing assistance to claimants pursuant to subdivision (d) of this section, the Division may not recommend, approve, or disapprove consultants or contractors. The responsibility for procuring, managing, and dismissing consultants and contractors is the sole responsibility of the claimant.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37, 25299.54(a)-(e), 25299.55, 25299.57, 25299.58(b)(1), (3)-(4) and 25299.59(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (e) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section heading, repealer and new section and amendment of Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2812. General Procedures for Reimbursement.
Note • History
(a) The Board will issue eligible claimants a letter of commitment that will obligate funds for eligible corrective action costs, regulatory technical assistance costs, third party compensation costs, or any combination of the foregoing. Issuance of a letter of commitment does not guarantee that the costs claimed in the application are eligible or will be reimbursed by the Fund.
(b) After being issued a letter of commitment, a claimant may submit a request for reimbursement of costs incurred to date.
(c) A claimant may submit reimbursement requests on an on-going basis for eligible costs provided that the requests are for $10,000 or more, and not made more than once a month except for final payment.
(d) Reimbursement requests must include invoices and auxiliary documentation that demonstrate to the Division's satisfaction that the corrective action and regulatory technical assistance costs claimed by a claimant are eligible. Invoices must include, at a minimum, all of the following:
(1) a brief description of the work performed;
(2) the date when the work was performed;
(3) the consultant's or contractor's name and address;
(4) the name or initials of the person performing the work;
(5) the job classification or title and hourly rate of the person performing the work;
(6) the hours charged for each task per day;
(7) the cost amount of the work performed;
(8) if the invoice is for telephone calls or meetings and is submitted to support a request for reimbursement of regulatory technical assistance costs, then the invoice must identify the subject of the telephone calls or meetings and the person contacted; and
(9) if the invoice identifies typical overhead costs (such as clerical support, copying costs, postage costs, and telephone costs) as distinct costs, then documentation should be submitted explaining why these costs are not included in the billed rate.
(e) A claimant may name a designated representative as a co-payee for payments from the Fund. In such cases, the Board will issue payments jointly to the claimant and the designated representative.
(f) Within 60 days of the receipt of a properly documented reimbursement request, the Board will pay for reasonable and necessary costs or inform the claimant of the Board's basis for rejecting the costs.
(g) Within 30 days of receipt of reimbursement from the Fund a claimant must pay all reimbursed costs incurred by the claimant, but not yet paid. If a claimant has not paid such costs within 30 days, the claimant shall return the unpaid funds to the Board.
(h) In the event of an overpayment of a claim, the claimant shall repay the overpayment within 20 days of request as provided by Government Code section 12419.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(d), 25299.55, 25299.56 and 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. New subsections (d)-(d)(4) and subsection relettering filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsections (d)(8) and (g) and amendment of Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2812.1. Compliance with Laws; Bid Requirements.
Note • History
(a) Claimants must follow applicable state laws and regulations in procuring consultant and contractor services and must ensure that such services are obtained from qualified firms at a reasonable cost and that the costs are necessary.
(b) Claimants must obtain at least three written competitive bids with detailed cost estimates that include unit prices and quantities for corrective action work contracted for on or after December 2, 1991, and to be performed by licensed contractors within the meaning of Business and Professions Code, division 3, chapter 9 (commencing with section 7000). Claimants must obtain at least three written proposals with detailed cost estimates that include unit prices and quantities for corrective action work contracted for on or after December 2, 1991, and to be performed by professional geologists within the meaning of Business and Professions Code, division 3, chapter 12.5 (commencing with section 7800) or by professional engineers within the meaning of Business and Professions Code, division 3, chapter 7 (commencing with section 6700). The requisite bids or proposals must conform to the workplans and corrective action plans prepared pursuant to California Code of Regulations, title 23, division 3, chapter 16, article 11.
(c) Local governmental entities shall comply with applicable public contract requirements including the requirements of Public Contract Code, division 2, part 3 (commencing with section 20100).
(d) Claimants are not required to submit proposals or bids when they file a Fund application, but the Fund will not normally reimburse claimants for any work for which proposals or bids are required until the costs for which reimbursement is requested are supported by at least three proposals or bids. The Fund may waive the three-bid or -proposal requirement if the Division finds that the requirement is unnecessary, unreasonable, or impossible to comply with under the circumstances pertaining to a particular claim.
(e) Where this chapter requires a claimant to submit proposals or bids, the Board will limit reimbursement from the Fund to the amount of the lowest proposal or bid submitted to the claimant for the work involved unless:
(1) the Division determines justification exists for rejection of the lowest proposal or bid; or
(2) the costs of the work involved are reasonable and necessary, and the work involved was performed by or under the direction of professional engineers within the meaning of Business and Professions Code, division 3, chapter 7 or professional geologists within the meaning of Business and Professions Code, division 3, chapter 12.5.
(f) Where a claimant incurs increased costs or changes the scope of work covered by the awarded proposal or bid, the claimant must justify to the Division's satisfaction any costs in excess of the awarded proposal or bid.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13 and 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section and Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
6. Amendment of subsection (d) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2812.2. Eligible and Ineligible Costs.
Note • History
(a) The Board may only reimburse from the Fund reasonable and necessary corrective action, regulatory technical assistance, and third party compensation costs that are incurred by or on behalf of a claimant.
(b) In order to be reimbursable from the Fund, the corrective action work undertaken must be acceptable to the appropriate regulatory agency.
(c) The Board will review court-approved settlements to assure that awarded costs, including third party compensation costs, are eligible.
(d) Regulatory agency oversight costs of corrective action work are eligible costs.
(e) The following are ineligible corrective action and regulatory technical assistance costs:
(1) attorney fees or other legal costs, except those to provide regulatory technical assistance;
(2) interest or any finance charge;
(3) any cost associated with removal, repair, retrofit, or installation of an underground storage tank, residential tank, or the equipment associated with an underground storage tank or residential tank;
(4) any cost associated with supervision by a claimant of corrective action;
(5) the cost of soil density tests that are not directly related to the corrective action which is the subject of the claim;
(6) the cost of environmental audits or pre-purchase agreements unless performed as part of corrective action;
(7) the cost of testing for non-hydrocarbon contamination that is not associated with corrective action which is the subject of the claim;
(8) the cost of abandonment of wells not directly impacted by the unauthorized release and not installed or used for corrective action purposes;
(9) the cost of blacktop or concrete replacement or repair not directly associated with corrective action;
(10) the cost of demolition of buildings except when it can be demonstrated to the Division's satisfaction to be necessary to implement the most cost effective corrective action option;
(11) the cost of repairs, remodels, or reconstruction of buildings or other improvements;
(12) the cost of monitoring devices to detect hydrocarbon contamination in soil, the vadose zone, or water to the extent that they are not used for corrective action;
(13) the cost of small tools except as required for corrective action;
(14) the cost of purchase of equipment, unless the claimant can demonstrate that the purchase of equipment is more cost effective than leasing or renting;
(15) any consequential costs incurred as a result of corrective action such as, but not limited to, loss of rents or business;
(16) the added costs of implementing a corrective action alternative that is not the most cost-effective alternative to achieve cleanup levels identified as necessary by the regulatory agency;
(17) the costs of corrective action incurred to clean up the property beyond cleanup levels identified as necessary by the regulatory agency;
(18) corrective action costs incurred by the claimant before January 1, 1988;
(19) regulatory technical assistance costs incurred before January 1, 1997;
(20) regulatory technical assistance costs in excess of $3,000 per occurrence submitted with a reimbursement request received by the Fund on or after January 1, 2000;
(21) costs associated with resubmitting an application or reimbursement request to the extent the costs are incurred in response to a finding of noncompliance with the application or reimbursement requirements contained in this chapter; and
(22) any other costs not directly related to corrective action, including but not limited to costs associated with filing of appeals and petitions.
(f) Only third party compensation costs incurred on or after January 1, 1988 are eligible for reimbursement from the Fund. The Fund may only reimburse the following types of third party compensation costs:
(1) medical expenses caused by an unauthorized release;
(2) actual lost wages or business income caused by an unauthorized release;
(3) actual expenses for remedial action necessary to remedy the effects of property damage caused by an unauthorized release; and
(4) damages equal to the fair market value of any property rendered permanently unsuitable for beneficial use by an unauthorized release.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.10, 25299.14, 25299.51, 25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (d)(10), new subsections (d)(11), (d)(15) and (d)(16), and subsection renumbering filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsection (e)(7) filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
(a) A claimant may not receive reimbursement from the Fund for corrective action, regulatory technical assistance, or third party compensation costs that have been or will be reimbursed from another source.
(b) If a claimant receives compensation for corrective action, regulatory technical assistance, or third party compensation costs from the Fund and also receives compensation from a source other than the Fund for the same costs, the claimant will remit to the Fund an amount equal to the sum disbursed from the Fund on account of such costs.
(c) If a claimant has received compensation (such as a settlement payment or a reduction in the cost to acquire an interest in real property) from another source, the Division shall determine whether the claimant will receive a double payment if the Fund reimburses the claimant's corrective action, regulatory technical assistance, or third party compensation costs. If the claimant can demonstrate that the compensation was for costs other than corrective action, regulatory technical assistance, or third party compensation costs, the Division shall not consider the compensation to be a double payment. For that demonstration the claimant must submit to the Division, for its review, all of the following documents:
(1) the written contract (e.g., a settlement agreement) or judgment requiring the payment of compensation to the claimant.
(2) the pleadings in any underlying lawsuit, demands or any other request for compensation that relates to the compensation paid to the claimant.
(3) the claimant's documentation of actual, ascertainable costs to which the payment of compensation reasonably may be attributed based on the documents described in subdivisions (1) and (2) above. The Division will not allocate the payment to costs that are unsubstantiated.
(4) any other information or supporting documentation reasonably required by the Division to explain the purpose(s) of the compensation received by the claimant.
(d) The Division shall not consider reimbursement of corrective action, regulatory technical assistance, or third party compensation costs that are advanced to a claimant or incurred on behalf of a claimant to be a double payment if:
(1) the costs are advanced or incurred pursuant to a written contract, other than an insurance contract, that is executed prior to the date the costs are advanced or incurred;
(2) the contract requires the claimant to remit any reimbursement received from the Fund to the person advancing or incurring the costs;
(3) the claimant remits the Fund reimbursement to the person who advanced or incurred the costs pursuant to the contract; and,
(4) the claimant does not benefit, directly or indirectly, from this contractual payment agreement.
(e) Notwithstanding subdivision (a), a claimant may receive reimbursement from the Fund for corrective action, regulatory technical assistance, or third party compensation costs if an insurer has advanced the costs pursuant to an insurance contract and either of the following apply:
(1) The insurance contract explicitly coordinates insurance benefits with the Fund and requires the claimant to do both of the following:
(A) maintain the claimant's eligibility for reimbursement of costs from the Fund by complying with all applicable eligibility requirements, and
(B) reimburse the insurer for costs paid by the insurer pending reimbursement of those costs by the Fund.
(2) The claimant received a letter of commitment prior to June 30, 1999, for the occurrence and the claimant is required to reimburse the insurer for any costs paid by the insurer pending reimbursement of those costs by the Fund.
(f) Notwithstanding subdivision (a), when a claimant obtains settlement proceeds or a judgment for costs the Fund would otherwise have reimbursed, the Fund may bear a fair share of the claimant's costs of obtaining the settlement proceeds or judgment.
(1)(A) The Fund's fair share shall be equal to the lesser of 1. or 2. below:
1. the claimant's actual legal fees and legal costs incurred in collecting the settlement or obtaining the judgment multiplied by the fraction of the costs the Fund would otherwise have reimbursed (i.e., the amount calculated as the benefit to the Fund) divided by the total settlement or judgment amount, as shown below.
Embedded Graphic 23.0071
2. thirty (30) percent of the claimant's otherwise reimbursable costs obtained by the settlement or judgment (i.e., the amount calculated as the benefit to the Fund.
(B) The Fund shall deduct its fair share from the amount determined to be a double payment. If, however, the amount of the double payment is greater than the claimant's corrective action costs, the Fund shall pay its fair share to the claimant directly.
(2) The Fund shall not bear a fair share if the person paying the monies to the claimant pursuant to the settlement or the judgment is eligible to file a claim against the Fund and has not waived its ability to file a claim.
(3) The Fund shall not bear a fair share if both of the following are met:
(A) all of the claimant's documented costs that are related to the causes of action alleged in the underlying complaint have been met by the settlement or judgment; and
(B) all of the claimant's documented costs of obtaining the settlement or judgment have been met.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.10, 25299.51, 25299.54, 25299.57 and 25299.58, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of subsections (a) and (b) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
6. Amendment of subsections (c)-(c)(3), repealer of subsection (d), new subsections (c)(4)-(d)(4) and amendment of subsections (f)(1)(A)-(f)(1)(A)2. filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2812.4. Intentional or Reckless Acts; Ineligiblity of Costs.
Note • History
Notwithstanding any other provision of this article, corrective action costs, regulatory technical assistance costs, and third party compensation costs that result from the gross negligence or the intentional or reckless acts of the claimant or an agent, servant, employee or representative of the claimant, are not eligible for reimbursement from the Fund.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.61, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2812.5. Reimbursement Limitations.
Note • History
(a)(1) The Board may not reimburse from the Fund more than $1,000,000 per occurrence less the claimant's level of financial responsibility as set forth in section 2808.1 of this chapter.
(2) Notwithstanding subdivision (a)(1) of this section, if the Board has already reimbursed a claimant the maximum amount specified in subdivision (a)(1) of this section, the Board may reimburse from the Fund up to an additional $500,000 per occurrence for reasonable and necessary corrective action and regulatory technical assistance costs.
(b) For each occurrence, a claimant must pay for otherwise eligible costs in the amount of the claimant's level of financial responsibility as set forth in section 2808.1 of this chapter. For each occurrence, the Board may reimburse from the Fund only eligible corrective action, regulatory technical assistance, and third party compensation costs in excess of a claimant's level of financial responsibility.
(c) If multiple or joint claimants file separate or joint claims against the Fund for the same occurrence, the Fund will require the claimants as a group to pay the amount of financial responsibility only once per occurrence. The required amount of financial responsibility will be equal to the amount of financial responsibility that would be required of the claimant in the lowest priority class.
(d) Reimbursement under section 2813.1, subdivision (c) of this chapter is available only to the extent that reimbursement for the earlier corrective action does not exceed the amount of reimbursement authorized by this section.
(e) No claimant may receive reimbursement from the Fund in any fiscal year which exceeds five percent of the total amount appropriated by the legislature for payment of claims for that fiscal year unless exempted by the Board pursuant to Health and Safety Code, section 25299.60, subdivision (c)(2).
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.32, 25299.57(a), 25299.58, 25299.59(b) and 25299.60(c), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
4. Amendment of subsection (b) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2812.6. Verification of Claims.
Note • History
Claimants shall verify under penalty of perjury that all statements, documents and certifications contained in or accompanying a claim are true and correct to the best of the claimant's knowledge. This shall include all statements and documents submitted during the active life of the claim.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.55(a), Health and Safety Code.
HISTORY
1. New section filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
2. Amendment of section heading, section and Note filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2812.7. Submission and Receipt of Claims.
Note • History
A claimant may hand-deliver claims to the Board or submit claims by mail. A claimant shall not submit claims by facsimile or through other electronic means.
NOTE
Authority: Section 25299.77, Health and Safety Code. Reference: Section 25299.55, Health and Safety Code.
HISTORY
1. New section filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
2. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2812.8. Disqualification of Claims.
Note • History
The Board may disqualify a claim and may bar the claim from further participation in the Fund at any time during the active life of the claim if it is found that the claimant has made a misrepresentation.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.55 and 25299.56(a), Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2813. Creation of Priority Lists.
Note • History
(a) At least once each calendar year, the Board will adopt a revised priority list. The Board will place on a revised priority list only those claims received at least 30 days prior to adoption of a revised list and for which the Board has not issued a letter of commitment.
(b) Within 60 days of receipt of a new, completed Fund application that was not included on the previous priority list, the Division will conduct a review of the claim to determine if the claim is eligible.
(c) The Board will not incorporate into a revised priority list those claims from the previous priority list for which a letter of commitment has been issued.
(d) Claims which are carried over from a previous priority list will retain their previous ranking within their respective priority class on any revised priority list. New claims added to any priority class on any revised priority list will be ranked below claims that are carried over from the previous priority list within that class, and the new claims will be ranked in the order of receipt. New claims received on the same day will be randomly ranked.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.52(a)-(b) and 25299.55, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
5. Amendment of subsection (b) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2813.1. Effect of Placement on Priority List.
Note • History
(a) Placement of a claim on the priority list does not constitute a commitment to reimburse eligible costs claimed. Such a commitment will be deemed to occur only when a letter of commitment is issued that specifically commits funds to a claim.
(b) Claims on the priority list will generally be processed and paid according to priority class and the ranking of claims within each priority class. To the extent practicable, all claims within a higher priority class will be processed and paid before any claims in a lower priority class.
(c) Reimbursement to a claimant on a site that has been reopened pursuant to section 2810.1, subdivision (b) of this chapter will be made when funds are available as follows:
(1) If the original claim has not been issued a letter of commitment, then the claim on the reopened site shall be placed on the priority list with the same priority class and rank as the original claim.
(2) If the original claim has been issued a letter of commitment, then a letter of commitment will be issued for the reopened site ahead of all other claims on the priority list.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.52(a)-(c), 25299.55 and 25299.57, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be repealed by OAL and shall remain in effect until revised by the State Water Resources Control Board, pursuant to Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
5. Repealer of former section 2813.1 and renumbering of former section 2813.2 to new section 2813.1, including amendment of section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2813.2. Management of Priority Lists.
Note • History
To assure equitable, effective, and timely use and expenditure of available Fund monies, the Board reserves the right at any time to:
(a) modify the order of processing, payment and approval of claims against the Fund;
(b) modify the ranking of claims within any priority class, provided, however, that such action will only be taken after public hearing;
(c) transfer a claim to its correct priority class if the claim has been inappropriately assigned to a priority class. The claim will be placed on the list in accordance with the date on which the claim was received;
(d) determine that a claim that is on the priority list shall receive no further funding or shall be reduced in rank or priority class if the claimant fails to pursue completion of corrective action with reasonable diligence;
(e) waive any non-statutory requirements pertaining to processing, payment or approval of claims.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.52, 25299.55 and 25299.57(d)(2)-(3), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Renumbering of former section 2813.2 to new section 2813.1 and renumbering of former section 2813.3 to new section 2813.2, including amendment of section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2813.3. Removal from the Priority List; Suspension and Rejection of Claims.
Note • History
(a) A claim that has been placed on the priority list may be removed if:
(1) the claimant is not in compliance with any of the applicable requirements of this chapter, the California Code of Regulations, title 23, division 3, chapter 16, Health and Safety Code, division 20, chapters 6.7 or 6.75, or any provision of the Water Code under which the claimant is required to take corrective action in response to an unauthorized release of petroleum from an underground storage tank or a residential tank; or
(2) the claimant fails to provide necessary documentation or information, or refuses to provide access to the site that is the subject of the claim to a regulatory agency; or
(3) the information submitted with the claim contains a material error.
(b) The Division staff shall issue a Notice of Intended Removal from the priority list prior to such removal. The notice shall inform the claimant that the Division staff proposes to remove the claim and shall state the grounds for the Division staff's determination.
(1) If the Division staff issues such a notice, no payments shall be made on account of such claim until the claimant has corrected the condition that was the basis for the removal. If, within 30 days after the date of the notice, the claimant fails to correct the condition that is the basis for the proposed removal or fails to file a request for review or an appeal with the Fund Manager or Division Chief, as appropriate, pursuant to article 5 of this chapter, the Division staff shall remove the claim from the priority list when the 30-day period has ended.
(2) In the event of a request for review by the Fund Manager, an appeal to the Division Chief, or a petition to the Board, the claim involved shall remain on the priority list pending resolution of the request for review, appeal or petition but no payments shall be made on the claim until such resolution.
(c) For claims filed before January 1, 1997, a claimant may resubmit a claim that has been removed from the priority list pursuant to subdivision (a) of this section if the claimant has corrected the condition that was the basis for the removal. A claim that is resubmitted pursuant to this subdivision shall be treated as a new claim, and if the Division determines that the claimant has corrected the condition that was the basis for removal, the claim's priority ranking shall be based on the date when the Division makes its determination. A claim may not be resubmitted to the Fund if the information presented about the claim contains a material error that was a result of misrepresentation or fraud or other misconduct on the part of the claimant.
(d) For claims filed on or after January 1, 1997, the Division may suspend a claim for the reasons described in subdivision (a) of this section as follows:
(1) The Division may suspend a claim that is on the priority list until the claimant corrects the grounds for suspension of the claim. When the claimant corrects the grounds for suspension of the claim, the Division shall give the reinstated claim a new priority ranking as of the date of reinstatement.
(2) The Division may suspend a claim that has received a letter of commitment until the claimant corrects the grounds for suspension of the claim. When the claimant corrects the grounds for suspension of the claim, then the Division shall reinstate the claim and reimburse the claimant's eligible costs when funding is available.
(e) Notwithstanding subdivision (d)(1)-(2), for claims filed on or after January 1, 1997, if the information presented on the claim contains a material error, and the error resulted from fraud or misrepresentation on the part of the claimant, the Division may revoke the claim's eligibility and may bar the claim from further participation in the Fund.
(f) If a claim is rejected by Division staff before the claim is placed on the priority list, the claimant may either appeal the decision to reject the claim pursuant to article 5 of this chapter or the claimant may submit a new claim.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.13, 25299.37(a)-(c), 25299.52(a), 25299.54(a)-(b) and (d), 25299.55, 25299.56, 25299.57(a), (d)(2)-(3) and 25299.58(b)(3)-(4), Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Renumbering of former section 2813.3 to new section 2813.2 and renumbering of former section 2813.4 to new section 2813.3, including amendment of section heading, section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
4. Amendment of subsection (e) and Note filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§2813.4. Removal from the Priority List. [Renumbered]
Note • History
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37(a)-(c), 25299.52(a), 25299.54(a), (b) and (d), 25299.55, 25299. 57(a), (d)(2)-(3), 25299.58(b)(3)-(4) and 25299.77, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Renumbering of former section 2813.4 to section 2813.3 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Article 5. Request for Review, Appeal, and Petition Process
§2814. Fund Manager Decisions.
Note • History
(a) A claimant who disagrees with a decision rendered by Division staff may request review of the decision by the Fund Manager.
(b) A request for review by the Fund Manager must be accompanied by all material that the claimant wishes to be considered by the Fund Manager, and by the Division Chief and the Board in any subsequent review by the Division Chief or Board. The request for review must include the following information:
(1) a statement describing how the claimant is damaged by the prior staff decision. This section shall be entitled “Claimant's Grievance”;
(2) a description of the remedy or outcome desired. This section shall be entitled “Remedy Requested”;
(3) an explanation why the claimant believes the staff decision is erroneous, inappropriate or improper. This section shall be entitled “Statement of Reasons”; and
(4) a completed reimbursement request when the subject of the request is non-payment of a specific cost.
(c) The Fund Manager shall render a Fund Manager Decision within 30 days of receipt of the appeal. A Fund Manager Decision is final and conclusive unless the claimant files an appeal to the Division Chief that is received by the Division Chief within 60 days from the date of the Fund Manager Decision.
(d) The Fund Manager may at any time, on the Fund Manager's own motion, issue a Fund Manager Decision.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.54(a) and 25299.55, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section heading, section and Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Amendment of article 5 heading, renumbering of former section 2814 to new section 2814.1 and new section 2814 filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2814.1. Final Division Decisions.
Note • History
(a) A claimant may appeal to the Division Chief for review of a Fund Manager Decision. In addition, a claimant who disagrees with a decision rendered by Division staff may appeal directly to the Division Chief pursuant to this section, as an alternative to requesting review by the Fund Manager. A claimant who chooses to request review by the Fund Manager must receive a Fund Manager Decision before appealing to the Division Chief.
(b) An appeal to the Division Chief must be accompanied by all material that the claimant wishes to be considered by the Division Chief, and by the Board in any subsequent review by the Board. The appeal must include the following information:
(1) a statement describing how the claimant is damaged by the Fund Manager Decision or prior staff decision. This section shall be entitled “Claimant's Grievance”;
(2) a description of the remedy or outcome desired. This section shall be entitled “Remedy Requested”;
(3) an explanation why the claimant believes the Fund Manager Decision or prior staff decision is erroneous, inappropriate, or improper. This section shall be entitled “Statement of Reasons”; and
(4) a completed reimbursement request when the subject of the appeal is non-payment of a specific cost.
(c) The Division Chief shall render a Final Division Decision within 30 days of receipt of the appeal. A Final Division Decision is final and conclusive unless the claimant files a petition for review with the Board that is received by the Board within 30 days from the date of the Final Division Decision.
(d) The Division Chief may at any time, on the Division Chief's own motion, issue a Final Division Decision.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Renumbering of former section 2814.1 to section 2814.2 and renumbering of former section 2814 to new section 2814.1, including amendment of section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2814.2. Petition for Board Review and Response by the Division Chief.
Note • History
(a) A claimant may petition the Board for review of a Final Division Decision.
(b) A petition for Board review shall contain the following:
(1) the name and address of the petitioner;
(2) a copy of the Final Division Decision that the Board is requested to review;
(3) an explanation why the claimant believes the Final Division Decision is erroneous, inappropriate, or improper;
(4) a statement describing how the petitioner is damaged by the Final Division Decision; and
(5) a description of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, with copies sent to the Chief Counsel of the Board, and the Division Chief.
(d) The petitioner may request a hearing for the purpose of presenting factual material not presented to the Division Chief or for oral argument or both. The request to present material which was not presented to the Division Chief must include a description of the factual material that the petitioner wishes to submit, the facts that the petitioner expects to establish, and an explanation of the reasons why the claimant could not previously submit the new material to the Division Chief. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the Board within 30 days of the Board's notification to the petitioner that the petition is complete. The Division must provide a copy of any response to the petitioner. The Board may extend the time for filing a response by the Division Chief.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Renumbering of former section 2814.2 to section 2814.3 and renumbering of former section 2814.1 to new section 2814.2, including amendment of section heading and section, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
4. Repealer of subsection (b)(2) and subsection renumbering filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Note • History
Upon the Board's receipt of a petition which does not comply with section 2814.2 of this chapter, the Board, through its Chief Counsel, will advise the petitioner of the manner in which the petition is defective and allow a reasonable time within which an amended petition may be filed. If the Board does not receive a properly amended petition within the time allowed, the petition shall be dismissed.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.77 (Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (d) and Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 32).
4. Renumbering of former section 2814.3 to new section 2814.4 and renumbering of former section 2814.2 to new section 2814.3, including amendment of section, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note • History
(a) In response to the petition, the Board may:
(1) refuse to review the petition if it is late or fails to raise substantial issues which are appropriate for Board review;
(2) affirm the final decision that the Board has been requested to review;
(3) set aside or modify the final decision that the Board has been requested to review; or
(4) take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hearing, or provide for an informal meeting between the petitioner, the Division Chief, a member of the Board, and such other persons as the Board deems appropriate for the purpose of attempting to resolve the dispute.
(c) If an evidentiary hearing is held, it shall be conducted in accordance with the California Code of Regulations, title 23, division 3, chapter 1.5, article 2.
(d) The Board shall act on the petition and provide written notification of its action to the parties within 90 days after receipt of the petition, unless all parties agree in writing to an extension of time. If the Board initiates an evidentiary hearing, the Board shall act on the petition within 270 days after receipt of the petition.
(e) The Board reserves the right, at its discretion, to consider a petition upon its own motion.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code.
HISTORY
1. Renumbering of former section 2814.3 to new section 2814.4, including amendment of section and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2814.5. Board Workshop and Meeting.
Note • History
(a) The Board may discuss a proposed order in response to a petition for review of a Final Division Decision in a public workshop prior to formal action at a Board meeting.
(1) At the workshop, the Board may invite comments on the proposed order from interested persons. These comments shall be based solely upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual material not contained in the record before the Division Chief, the person may make this request to the Board prior to or during the workshop. This request shall include a description of the material, and a statement and supporting argument that the material was improperly excluded from the record or an explanation of the reasons why the person could not previously submit the factual material. If the Board in its discretion approves the request, the person requesting consideration of the material must submit the material in writing to the Board and all other interested persons within five days of such approval. The submittal shall be accompanied by a notification to all other interested persons that they will be allowed an additional five days from the submittal date to file responsive comments in writing. The person requesting consideration of the material shall file with the Board a copy of the notification to other interested persons.
(b)(1) Formal disposition by the Board of any matter for decision will be taken at a regularly or specially scheduled Board meeting. At the meeting, the Board may invite comments on the matter from interested persons. These comments shall be based solely on factual material contained in the record or legal argument.
(2) No new factual material shall be submitted at the Board meeting. If new legal argument is to be submitted at the Board meeting, the argument shall be filed in writing with the Board and other interested persons at least five working days prior to the Board meeting in order for such argument to be considered by the Board.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.56, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Article 6. Petitions for Site Closure
Note • History
(a) Any underground storage tank or residential tank owner or operator or other responsible party who believes that the corrective action plan for the site has been satisfactorily implemented, but who has not been granted closure of the site, may petition the Board for review of the case, whether or not the petitioner is eligible for reimbursement from the Fund pursuant to Health and Safety Code section 25299.54.
(b) Prior to petitioning the Board for review, an underground storage tank or residential tank owner or operator or other responsible party must do both of the following:
(1) remove free product to the maximum extent practicable; and
(2) request and be denied case closure from the regulatory agency that is overseeing corrective action at the site. The denial must be signed by the regional board's Executive Officer or, if a local agency is overseeing corrective action, by the Environmental Health Director, or equivalent. If the petitioner filed a request for closure, and if within 60 days of the date of the request for closure the regulatory agency neither acts on the request nor informs the petitioner of when the regulatory agency will act, the inaction of the regulatory agency will be deemed to constitute a denial of the request.
(c) Petitions to the Board requesting review of an underground storage tank or residential tank case must include the following:
(1) the name and address of the petitioner;
(2) the address of the site;
(3) the name and address of the current owner of the site and of the owners of adjacent property including properties that are across the street from the site;
(4) the name, address, and telephone number of all responsible parties;
(5) a copy of the decision denying case closure by the regulatory agency overseeing corrective action at the site or a copy of the petitioner's request to the regulatory agency for closure accompanied by a statement that the regulatory agency failed to act within 60 days of the request; and
(6) a statement of the reasons why the petitioner believes the case should be reviewed.
(d) The petitioner may request a hearing for the purpose of presenting factual material not presented to the regulatory agency or for oral argument or both. The request to present material which was not presented to the regulatory agency must include a description of the factual material that the petitioner wishes to submit, the facts that the petitioner expects to establish, and an explanation of the reasons why the claimant could not previously submit the new material to the regulatory agency. The petitioner must include with the petition a copy of any new documentary material that the petitioner wishes to present to the Board.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.37, 25299.39.2, Health and Safety Code.
HISTORY
1. New article 6 (sections 2814.6-2814.8) and section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Note • History
(a) The Board shall send a copy of the petition to the regulatory agency overseeing corrective action at the site and notify the agency that the record relative to the case and any agency response to the petition must be received by the Board within 20 days of the date of the letter of notification. The regulatory agency overseeing corrective action at the site will also be notified that a list of persons, if any, known by the regulatory agency to have an interest in the subject matter of the petition must be received by the Board within 10 days of the date of the letter of notification.
(b) Upon receipt of a list of interested persons, the Board will notify those persons, the current site owner, the owners of adjacent property, and the appropriate regional board if it has not already been notified as the regulatory agency overseeing corrective action at the site, that any response to the petition by an interested person must be received by the Board within 20 days of the date of the letter of notification.
(c) The regulatory agency shall send a copy of its response, if any, to the petitioner. All other respondents shall send copies of their responses to the petitioner and the regulatory agency. The deadline for filing a response to the petition or submitting the record may be extended by the Board.
(d) Following review of the petition, the record, and all responses to the petition, the Board may:
(1) if a case is under the jurisdiction of a regional board or local agency that is implementing a local oversight program pursuant to Health and Safety Code section 25297.1, close the case or remand the case to the regulatory agency for action consistent with the Board decision;
(2) if a case is under the jurisdiction of a regulatory agency that is not implementing a local oversight program pursuant to Health and Safety Code section 25297.1, recommend that the case be closed;
(3) deny the request to require or recommend that the case be closed;
(4) refuse to review the request that the case be closed if the petition fails to raise substantial issues that are appropriate for review by the Board; or
(5) take such other action as the Board deems appropriate.
(e) Before taking action, the Board may, at its discretion, hold a hearing; or the Board may provide for an informal meeting between the petitioner, the Division staff, an appropriate representative of the regulatory agency, a member of the Board, and such other persons as the Board deems appropriate for the purpose of attempting to resolve the dispute.
(f) If an evidentiary hearing is held, it shall be conducted in accordance with the California Code of Regulations, title 23, division 3, chapter 1.5, article 2.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.37 and 25299.39.2, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
§2814.8. Board Workshop and Meeting.
Note • History
(a) The Board may discuss a proposed order in response to a petition for site closure in a public workshop prior to formal action at a Board meeting.
(1) At the workshop, the Board may invite comments on the proposed order from interested persons. These comments shall be based solely upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual material not contained in the record before the Board, the person may make this request to the Board prior to or during the workshop. This request shall include a description of the material, and a statement and supporting argument that the material was improperly excluded from the record or an explanation of the reasons why the person could not previously submit the factual material. If the Board in its discretion approves the request, the person requesting consideration of the material must submit the material in writing to the Board and all other interested persons within five days of such approval. The submittal shall be accompanied by a notification to all other interested persons that they will be allowed an additional five days from the submittal date to file responsive comments in writing. The person requesting consideration of the material shall file with the Board a copy of the notification to other interested persons.
(b)(1) Formal disposition by the Board of any matter for decision will be taken at a regularly or specially scheduled Board meeting. At the meeting, the Board may invite comments on the matter from interested persons. These comments shall be based solely on factual material contained in the record or legal argument.
(2) No new factual material shall be submitted at the Board meeting. If new legal argument is to be submitted at the Board meeting, the argument shall be filed in writing with the Board and other interested persons at least five working days prior to the Board meeting in order for such argument to be considered by the Board.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.39.2 and 25299.56, Health and Safety Code.
HISTORY
1. New section filed 10-27-2000; operative 11-26-2000 (Register 2000, No. 43).
Article 7. Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund
Note • History
Unless the context clearly requires otherwise, the terms used in this article shall have the following meanings:
“Affiliates”
(a) Affiliates means persons who have one or more of the following relationships with each other:
(1) Familial relationship.
(2) Fiduciary relationship.
(3) A relationship of direct or indirect control or shared interests.
(b) Affiliates include any of the following:
(1) Parent corporation and subsidiary.
(2) Subsidiaries that are owned by the same parent corporation.
(3) Business entities involved in a reorganization, as defined in section 181 of the Corporations Code.
(4) Corporate officer and corporation.
(5) Shareholder that owns a controlling block of voting stock and the corporation.
(6) Partner and the partnership.
(7) Member and a limited liability company.
(8) Franchiser and franchisee.
(9) Settlor, trustee, and beneficiary of a trust.
(10) Debtor and bankruptcy trustee or debtor-in-possession.
(11) Principal and agent.
“Applicant” means a person who files an application to the Orphan Site Cleanup Fund.
“Causes or contributes to an unauthorized release” means any of the following:
(a) Operate the underground storage tank.
(b) Own the underground storage tank from which the unauthorized release originated unless:
(1) The unauthorized release began before the applicant became the owner of the underground storage tank, and the applicant properly removed, closed, or permitted the underground storage tank within a reasonable period of time from when the applicant became the owner of the underground storage tank; or
(2) The applicant acquired real property on which an underground storage tank is situated and, despite the exercise of reasonable diligence, was unaware of the existence of the underground storage tank when the real property was acquired, the applicant properly removed, closed, or permitted the underground storage tank within a reasonable period of time from when the applicant should have become aware of the existence of the underground storage tank, and the unauthorized release began before the applicant closed or permitted the underground storage tank.
(c) Exacerbate the effects of the unauthorized release.
“Economic activity” means a governmental activity, a commercial, agricultural, industrial, or not-for-profit enterprise, or other economic or business concern.
“Eligible site” means a site that meets all of the following requirements:
(a) Petroleum contamination is the principal source of contamination at the site.
(b) The source of the petroleum contamination is, or was, an underground storage tank.
(c) The site meets all of the following requirements:
(1) The site is located in an urban area.
(2) The site was previously the site of an economic activity that is no longer in operation at that location.
(3) The site has been vacant or has had no occupant engaged in year-round economically productive activities for a period of not less than the 12 months previous to the date of application pursuant to this article.
(d) The site is not listed, or proposed for listing, on the National Priorities List pursuant to section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Sec. 9601 et seq.).
(e) The site is not and was not owned or operated by a department, agency, or instrumentality of the United States.
(f) The site will not be the site of a contiguous expansion or improvement of an operating industrial or commercial facility, unless the site meets the requirements of subdivision (c) of “eligible site” and is the site of a contiguous expansion of an operating industrial or commercial facility owned or operated by one of the following:
(1) A small business.
(2) A nonprofit corporation formed under the Nonprofit Public Benefit Corporation Law (part 2 (commencing with section 5110) of division 2 of title 1 of the Corporations Code) or the Nonprofit Religious Corporation Law (part 4 (commencing with section 9110) of division 2 of title 1 of the Corporations Code).
(3) A small business incubator that is undertaking the expansion with the assistance of a grant authorized by section 15339.3 of the Government Code or a loan guarantee provided pursuant to section 14090 of the Corporations Code.
“Familial relationship” means relationships between family members, including, and limited to, a husband, wife, child, stepchild, parent, grandparent, grandchild, brother, sister, stepbrother, stepsister, stepmother, stepfather, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, and, if related by blood, uncle, aunt, niece, or nephew.
“Independent consultant and contractor” means a consultant or contractor that meets the following requirements:
(a) The consultant or contractor is not an employee of, general or limited partner or a shareholder in, or does not have any other ownership or management interest in the applicant, an identified responsible party, or a prospective buyer of the eligible site; and
(b) Within twelve months before the application is submitted to the Orphan Site Cleanup Fund, the consultant or contractor does not receive any source of income from the applicant, an identified responsible party, or a prospective buyer of the eligible site, other than the payment of fees for professional services unless the consultant or contractor is acting in his or her capacity as an employee of a governmental entity.
“Infill development” means development or redevelopment of vacant or underutilized properties within established urban communities, where those communities are already served with streets, water, sewer and other public services.
“No longer in operation” means an economic activity that is, or previously was, located on a property that is not conducting operations on the property of the type usually associated with the economic activity.
“Operation and maintenance” means activities initiated or continued at a site following completion of a response action that are deemed necessary by a regulatory agency to protect public health or safety or the environment, to maintain the effectiveness of the response action at the site, or to achieve or maintain the response action standards and objectives established by the final remedial action plan or final removal action workplan applicable to the site.
“Orphan Site Cleanup Fund” means the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Fund created pursuant to section 25299.50.2 of the Health and Safety Code.
“Person” means an individual, trust, firm, joint stock company, corporation, or other entity, including a government corporation, partnership, limited liability company, or association. The term includes a public agency.
“Project” means any response action and the planned future development of the eligible site.
“Public agency” means any county, city and county, city, regional agency, public district, or other political subdivision and includes a redevelopment agency. The term does not include the state or any agency or department thereof, or the federal government.
“Remedy” or “remedial action” means those actions consistent with a permanent remedy that are taken instead of, or in addition to, removal actions in the event of an unauthorized release or threatened release of petroleum into the environment, as further defined by section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). The term includes actions that are necessary to monitor, assess, and evaluate an unauthorized release or a threatened unauthorized release and site operation and maintenance.
“Remove” or “removal” means the cleanup or removal of an unauthorized release from the environment or the taking of other actions as may be necessary to prevent, minimize, or mitigate damage that may otherwise result from an unauthorized release or a threatened unauthorized release, as further defined by section 101(23) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
“Response actions” means removal actions and remedial actions, and includes corrective action as defined in section 25299.14 of the Health and Safety Code.
(a) Costs of response actions also include:
(1) Professional fees and costs that are directly related to removal actions and remedial actions.
(2) Costs of supervision by an applicant of response actions.
(3) Costs of underground storage tank system removal if there is an unauthorized release or threat of unauthorized release.
(b) Costs of response actions exclude, among other costs:
(1) Costs of environmental audits or pre-purchase site investigations, unless performed in response to an unauthorized release or threatened unauthorized release.
(2) Economic losses and damages, including damages for lost business and diminution in property value.
“Responsible party” means a responsible party as defined in California Code of Regulations, title 23, chapter 16, section 2720.
“Small business” means:
(a) An independently owned and operated business, that is not dominant in its field of operation, that, together with its affiliates, as described in California Code of Regulations, title 2, chapter 3, section 1896.12, has 100 or fewer employees, and that has average annual gross receipts of $10,000,000 or less over the previous three years; or
(b) A business that is a manufacturer with 100 or fewer employees. A manufacturer is a business that is:
(1) Primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products; and
(2) Classified between Codes 2000 to 3999, inclusive, of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition. The SIC Manual is accessible at the following website maintained by the California Department of General Services: http://www.pd.dgs.ca.gov/smbus/default.htm.
“Urban area” means the central portion of a city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25281, 25296.10, 25299.11, 25299.25, 25299.50.2, 25318.5, 25322, 25323, 25323.3, 25395.20(a)(2)(A), 25395.20(a)(2)(B), 25395.20(a)(5), 25395.20(a)(6)(C), 25395.20(a)(12), 25395.20(a)(15) and 25396.20(a)(19), Health and Safety Code; and 42 USC 9601, Sections (23)-(25).
HISTORY
1. New article 7 (sections 2814.20-2814.37) and new section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New article 7 (sections 2814.20-2814.37) and section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of definitions of “Causes or contributes to an unauthorized release” and “Small business,” transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new article 7 (sections 2814.20-2814.37) and section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note • History
Unless the context clearly requires otherwise, any term used in this article that is not defined in section 2814.20 has the same meaning as defined in section 2804.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Sections 25299.11.5-25299.24 and 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note • History
(a) An applicant may apply for an assessment grant, cleanup grant, or both from the Orphan Site Cleanup Fund. An applicant may apply for both an assessment grant and a cleanup grant on a single application.
(b) Assessment grants provide funding for response actions that characterize, assess, and investigate an unauthorized release from an underground storage tank. These actions include a preliminary site assessment and soil and water investigation and the preparation of a corrective action plan in accordance with California Code of Regulations, title 23, chapter 16, article 11. Assessment grants may also provide funding for underground storage tank system removal, free product removal, and soil excavation, not to exceed 500 cubic yards at the eligible site.
(c) Cleanup grants provide funding for response actions that carry out cleanup activities and include implementing a corrective action plan and verification monitoring, in accordance with California Code of Regulations, title 23, chapter 16, article 11. If a corrective action plan is required, the Board shall not award a cleanup grant to an applicant until the applicant demonstrates the corrective action plan is complete and approved by the regulatory agency overseeing the response actions at the eligible site, but the applicant may apply for a cleanup grant before completion and approval of the corrective action plan.
NOTE
Authority cited: Section 25299.77, Health and Safety Code Reference: Sections 25296.10, 25299.50.2, 25322, 25323 and 25323.3, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of subsections (a) and (c), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.23. Eligible Applicants.
Note • History
A person may apply to the Orphan Site Cleanup Fund for a grant to pay for costs of response actions that relate to an unauthorized release from an underground storage tank at an eligible site if all of the following conditions are met:
(a) The applicant did not cause or contribute to the unauthorized release from the underground storage tank.
(b) The applicant and any person who caused or contributed to the unauthorized release from the underground storage tank are not affiliates.
(c) The applicant does not satisfy the eligibility criteria contained in sections 25299.54 and 25299.57 of the Health and Safety Code for the eligible site.
(d) The applicant owns the eligible site or otherwise has authority to access and perform response actions at the eligible site.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of subsection (c), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.24. Eligibility Requirements.
Note • History
(a) An applicant may receive a grant from the Orphan Site Cleanup Fund for reasonable and necessary costs of response actions that relate to an unauthorized release from an underground storage tank at an eligible site if a financially responsible party, other than the applicant if the applicant is a responsible party, has not been identified to pay for response actions to remediate the harm caused by the unauthorized release. When determining if a responsible party is financially able to pay for response actions to remediate the harm caused by the unauthorized release from an underground storage tank, the Board shall consider the following factors:
(1) The estimated cost of response actions to remediate the harm caused by the unauthorized release. If the applicant does not provide a reasonable cost estimate, the Board shall consider the cost of response actions at sites involving a similar unauthorized release from an underground storage tank.
(2) The responsible party's income and assets.
(3) The responsible party's insurance coverage for response actions to remediate the harm caused by the unauthorized release from the underground storage tank.
(4) Other financial assistance available to the responsible party for response actions to remediate the harm caused by the unauthorized release from the underground storage tank.
(b) Any person who meets the definition of a responsible party with respect to an unauthorized release where the need for response actions that are the subject of the application are due solely to site development shall not be considered a responsible party for purposes of subdivision (a). If the response actions that are the subject of the application are required pursuant to Health and Safety Code, division 20, chapter 6.7, Water Code, division 7, or California Code of Regulations, title 23, division 3, chapter 16, article 11, then all responsible parties identified for the unauthorized release that is the subject of the application shall be considered for purposes of subdivision (a).
(c) If an application is submitted by joint applicants that are also responsible parties, the Board shall require the joint applicants to designate a primary applicant. The Board shall consider the financial ability of all joint applicants who are also responsible parties, other than the primary joint applicant, in accordance with subdivision (a), unless the joint applicants demonstrate to the satisfaction of the Board that doing so is unreasonable or inequitable given the facts and circumstances surrounding the application.
(d) The applicant shall make reasonable efforts to obtain the information specified in subdivisions (a)(1) through (4).
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including new subsections (b) and (c) and subsection relettering, transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.25. Grant Conditions and Limitations.
Note • History
(a) The Board may pay from the Orphan Site Cleanup Fund reasonable and necessary costs of response actions that relate to an unauthorized release from an underground storage tank at an eligible site if all of the following conditions are met:
(1) The costs of response actions are incurred on or after January 1, 2005, and are incurred by or on behalf of the applicant.
(2) Either of the following is met:
(A) The regulatory agency responsible for overseeing response actions at the eligible site directs or approves response actions.
(B) Response actions are required as part of the site development process.
(3) The response actions are necessary to protect human health, safety, and the environment, and are performed in accordance with applicable laws, including Health and Safety Code, division 20, chapter 6.7, Water Code, division 7, and California Code of Regulations, title 23, division 3, chapter 16.
(b) In addition to the conditions contained in subdivision (a), the following conditions apply:
(1) To receive an assessment grant, the applicant must demonstrate that the applicant has provided to the Board and any regulatory agency overseeing the response actions a copy of all site assessments and investigation reports, workplans, and corrective action plans for the eligible site that are available to the applicant.
(2) To receive payment pursuant to a cleanup grant, the applicant must demonstrate that the applicant is the equitable or legal owner of the eligible site, unless the applicant is a public agency.
(c) The Board may not issue grants from the Orphan Site Cleanup Fund for more than $1,500,000 per occurrence. Any grants issued and reimbursed by the Board from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount shall be counted toward the total amount available per occurrence from the Orphan Site Cleanup Fund.
(d) The Board shall not award more than $3,000,000 pursuant to this article to an applicant in any fiscal year. For purposes of determining the total amount awarded to an applicant for purposes of this subdivision, the Board shall include any award of funds made to an applicant's affiliates. The Board may waive this limitation if doing so would provide for an equitable and timely use of available funds.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of section, transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note • History
An applicant may not receive payment from the Orphan Site Cleanup Fund for response actions that have been or will be paid or otherwise compensated from another source. For purposes of this article, a reduction in the applicant's cost to acquire an eligible site shall not be considered compensation from another source. If an applicant has or will receive compensation for costs of response actions from another source, the Board shall apply California Code of Regulations, title 23, chapter 18, article 4, section 2812.3 to determine the amount of double payment, if any. However, any reference in section 2812.3 to the claimant, the Fund, and corrective action shall, for the purposes of this article, be deemed a reference to the applicant, the Orphan Site Cleanup Fund, and response actions, respectively.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note • History
(a) Applications received by the Board on or before 45 days after the effective date of this section will be ranked in the following order of priority:
(1) Applications for a grant to complete assessment, cleanup, or both that are submitted by applicants who applied for and received a grant for the same site from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount. These applications will be ranked according to their order of priority on the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, adopted on April 5, 2006, and amended effective November 22, 2006, February 9, 2007, March 23, 2007, May 14, 2007, and October 16, 2007.
(2) Applications from applicants who applied for a grant from the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount and were on the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, Amendment Number 6, effective October 16, 2007, but did not receive a grant. These applications will be ranked according to their order of priority on the Underground Storage Tank Petroleum Contamination Orphan Site Cleanup Subaccount Priority List, Amendment Number 6, effective October 16, 2007.
(3) Except as provided in subdivision (c), all other applications will be ranked as if received on the same date. These applications will be randomly ranked to determine the order of priority.
(b) Except as provided in subdivision (c), the priority of applications that are received more than 45 days after the effective date of this section will be ranked according to the date the Board receives the application. Applications received on the same day will be randomly ranked.
(c) If the Board determines that sufficient funding to meet the demand for Orphan Site Cleanup Fund grants will not be available in a given fiscal year, the Board shall calculate a priority score to rank each application that is subject to subdivisions (a)(3) and (b) using scales developed by the Board that measure the following factors:
(1) Forty percent of the priority score is based on whether the unauthorized release is located within 1,000 feet of a drinking water well or a surface water body used as a source of drinking water.
(2) Thirty percent of the priority score is based on whether the site is located in a census tract with median household income of less than 80 percent of the statewide median household income based on the most recent census data collected by the United State Bureau of the Census.
(3) Thirty percent of the priority score is based on the potential for the project to result in development of affordable inner city housing or otherwise promote inner city infill development.
(d) The priority of applications that receive the same total priority score pursuant to subdivision (c) shall be based upon the date the application to the Orphan Site Cleanup Fund is received by the Board.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of subsections (a) and (b)(3), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.28. Orphan Site Cleanup Fund Application Requirements.
Note • History
An Orphan Site Cleanup Fund application for payment of costs of response actions shall contain the following:
(a) The name of the applicant, the type of entity of the applicant, the applicant's mailing address, telephone number or numbers where the applicant can be contacted during normal business hours, and the applicant's tax identification number;
(b) If a joint application is submitted by multiple applicants, the name, mailing address, telephone number or numbers, and tax identification number of each applicant;
(c) The site address or a description of the site where the underground storage tank(s) that is the subject of the application is located;
(d) A site map drawn to scale that includes a north arrow and distances relative to the nearest public roads and which identifies locations of all underground storage tanks and all other known or potential sources of contamination;
(e) The capacity of the underground storage tanks(s), the substances that have been stored therein and the dates the underground storage tank(s) were removed;
(f) A listing of all other known or potential on or off-site sources of contamination;
(g) Name of the lead oversight regulatory agency, case identification number, name and telephone number of the contact person, and the date the regulatory agency confirmed contamination from an on-site underground storage tank(s);
(h) A description of the unauthorized release, including whether the unauthorized release has impacted, or is likely to impact, groundwater;
(i) A brief description of the response actions undertaken at the site, including an explanation of whether the response actions are directed pursuant to Health and Safety Code, division 20, chapter 6.7, Water Code, division 7, or California Code of Regulations, title 23, division 3, chapter 16, article 11;
(j) Information that demonstrates that the site is an eligible site, including:
(1) Information that demonstrates that the petroleum contamination is the principal source of contamination at the site and that the source of petroleum contamination is, or was, an underground storage tank;
(2) Information that demonstrates that the site is located in an urban area and that the site was previously the site of economic activity that is no longer in operation at that location;
(3) Description of existing and historical uses of the site;
(4) A statement that demonstrates that the site is not listed or proposed for listing on the National Priorities List and that the site is not, or was not, owned or operated by a department, agency, or instrumentality of the United States; and
(5) For applications involving a contiguous expansion of an operating industrial or commercial facility, information that demonstrates the facility is owned or operated by a small business, a small business incubator that is undertaking the expansion with the assistance of a grant authorized by section 15339.3 of the Government Code or a loan guarantee provided pursuant to section 14090 of the Corporations Code, or a nonprofit corporation formed under part 2 or part 4 of division 2 of title 1 of the Corporations Code.
(k) Information that demonstrates that the applicant is an eligible applicant, including:
(1) The identity of current and former owners and operators of the underground storage tank that is the subject of the application;
(2) If the applicant is the owner of the underground storage tank that is the subject of the application, the date the applicant became the owner and a description of the actions that the applicant undertook to remove, close, or permit the underground storage tank;
(3) Information regarding any affiliation that the applicant has with any current or former owner or operator of the underground storage tank;
(4) Explanation of reason why the applicant does not satisfy eligibility criteria contained in sections 25299.54 and 25299.57 of the Health and Safety Code; and
(5) Documentation of the applicant's equitable or legal interest in the eligible site and the applicant's authority to access the eligible site and perform response actions at the eligible site.
(l) Information that indicates whether a financially responsible party, other than the applicant if the applicant is a responsible party, has been identified to pay for response actions at the site, including:
(1) The identity of responsible parties for the unauthorized release that is the subject of the application and a description of the activities undertaken by the applicant to identify responsible parties;
(2) Estimated cost of response actions to remediate the harm caused by the unauthorized release;
(3) For responsible parties that are identified, information relating to the responsible party's ability to pay for response actions, including the responsible party's income, assets, insurance coverage and other financial assistance that is available to pay for response actions; and
(4) For applications submitted by joint applicants that are responsible parties, a statement designating a primary applicant for purposes of section 2814.24, subdivision (c).
(m) Information that will assist the Board in determining the priority ranking of an application, including:
(1) The identification of drinking water wells or surface water bodies used as sources of drinking water within 1,000 feet of the unauthorized release;
(2) The most recent census data that indicate whether the site is located in a census tract with median household income of less than 80 percent of the statewide median household income; and
(3) An explanation of the planned future development of the eligible site, including how the future development will result in the development of affordable inner city housing or otherwise promote inner city infill development.
(n) A certification that all costs of response actions claimed were incurred for work performed on or after January 1, 2005;
(o) A certification that the site is an eligible site, the applicant is an eligible applicant, and that all applicable eligibility requirements are met;
(p) A copy of any agreement entered into by the applicant where a person agrees to incur costs on behalf of the applicant; and
(q) Any other information or supporting documentation reasonably required by the Board to determine the eligibility or priority of the application or the amount that may be paid pursuant to a grant.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of subsections (i) and (j)(1), new subsection (l)(4) and amendment of subsection (m)(3), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note • History
(a) Within 60 days of receipt of a complete application, the Board will conduct a review of the application to determine if the application is eligible. If the application is eligible, the Board shall issue to the applicant a notice of eligibility and place the application on the priority list.
(b) At least once each calendar year, the Board will adopt a revised priority list. The Board will place on a revised priority list only those applications determined eligible prior to adoption of a revised list.
(c) The Board will not incorporate into a revised priority list those applications from the previous priority list for which a grant agreement exists between the Board and the applicant.
(d) Except as provided in section 2814.27, subdivision (c):
(1) Applications that are carried over from a previous priority list will retain their previous ranking on any revised priority list; and
(2) New applications added to a revised priority list will be ranked below applications that are carried over from the previous priority list.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.30. General Procedures for Payment.
Note • History
(a) After the Board issues a notice of eligibility to the applicant, the Board and the applicant shall enter into a grant agreement.
(1) The applicant shall submit a proposed scope of work and budget for response actions that are the subject of the grant. The scope of work shall include a brief and quantified description of the tasks to be performed. The budget shall include the following information for each task: total amount, breakdown of the estimated number of hours, job classification and hourly rate of personnel performing the task, subcontractor charges, and any other information reasonably required by the Board to finalize the scope of work and budget.
(2) For cleanup grants, the applicant shall submit at least three responsive proposals or bids in accordance with section 2814.31.
(b) After the Board and the applicant enter into the grant agreement, the applicant may begin submitting payment requests. An applicant may submit payment requests on an on-going basis for eligible response action costs provided that the request is for $500 or more.
(c) Payment requests for assessment funds and cleanup funds must include invoices and auxiliary documentation that demonstrate to the Board's satisfaction that the response action costs claimed by an applicant are eligible. Invoices must include, at a minimum, all of the following:
(1) A brief description of the work performed;
(2) The date when the work was performed;
(3) The consultant's or contractor's name and address;
(4) The name or initials of the person performing the work;
(5) The job classification or title and hourly rate of the person performing the work;
(6) The hours charged for each task per day; and
(7) The cost amount of the work performed.
(d) Within 60 days of the receipt of a properly documented payment request, the Board will pay for eligible costs or inform the applicant of the Board's basis for rejecting the costs.
(e) Within 30 days of receipt of payment from the Orphan Site Cleanup Fund, an applicant must pay all reimbursed costs incurred by the applicant, but not yet paid. If an applicant has not paid such costs within 30 days, the applicant shall immediately return the unpaid funds to the Board.
(f) In the event of an overpayment of a claim, the applicant shall repay the overpayment to the Board within 30 days of request by the Board.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.31. Bidding Requirements.
Note • History
(a) Applicants must follow applicable state laws and regulations in procuring consultant and contractor services and must ensure that those services are obtained from qualified independent consultants and contractors.
(b) Applicants must obtain at least three written, competitive, responsive proposals or bids with detailed cost estimates that include unit prices and quantities for response actions contracted for on or after the effective date of this article, and to be performed by licensed contractors within the meaning of Business and Professions Code, division 3, chapter 9, section 7000 et seq. Applicants must obtain at least three written proposals with detailed cost estimates that include unit prices and quantities for response actions contracted for on or after the effective date of this article, and to be performed by professional geologists within the meaning of Business and Professions Code, division 3, chapter 12.5, section 7800 et seq. or by professional engineers within the meaning of Business and Professions Code, division 3, chapter 7, section 6700 et seq. The requisite bids or proposals must conform to the workplans and corrective action plans prepared pursuant to California Code of Regulations, title 23, division 3, chapter 16, article 11.
(c) Local governmental entities shall comply with applicable public contract requirements including the requirements of Public Contract Code, division 2, part 3, section 20100 et seq.
(d) Applicants are not required to submit proposals or bids when they initially file an application, but the Board will not normally enter into a grant agreement with applicants for any work for which multiple proposals or bids are required until the proposals or bids are submitted to the Board. The Board may waive the three-bid or -proposal requirement if the Board finds that the requirement is unnecessary, unreasonable, or impossible to comply with under the circumstances pertaining to a particular application.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of subsection (c), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.32. Effect of Placement on Priority List; Management of Priority List and Payments.
Note • History
(a) Placement of an application on the priority list does not constitute a commitment to pay eligible costs claimed. That commitment occurs only when the Board and the applicant enter into a grant agreement.
(b) Applications on the priority list generally will be processed and paid according to the ranking of the application on the priority list. However, to assure equitable, effective, and timely use and expenditure of available funds from the Orphan Site Cleanup Fund, the Board reserves the right at any time to:
(1) Modify the order of processing, payment, and approval of applications; or
(2) Modify the ranking of applications in accordance with section 2814.27, subdivision (c).
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of subsection (b)(2), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.33. Removal from the Priority List and Resubmission of Applications.
Note • History
(a) An application that has been placed on the priority list may be removed if:
(1) The applicant is not in compliance with any of the applicable requirements of this article, Health and Safety Code, division 20, chapter 6.7, California Code of Regulations, title 23, division 3, chapter 16, or any provision of the Water Code under which the applicant is required to take response actions for an unauthorized release from an underground storage tank;
(2) The applicant fails to provide necessary documentation or information, or refuses to provide access to the eligible site that is the subject of the application to a regulatory agency; or
(3) The information submitted with the application contains a material error.
(b) An applicant may resubmit an application that has been removed from the priority list pursuant to subdivision (a) of this section if the applicant has corrected the condition that was the basis for the removal. An application that is resubmitted pursuant to this subdivision shall be treated as a new application. If the Board determines that the applicant has corrected the condition that was the basis for removal, the application's priority ranking shall be based on the date when the Board makes its determination. An application may not be resubmitted to the Board if the information submitted with the application contains a material error that was a result of misrepresentation or fraud or other misconduct on the part of the applicant.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.34. Verification of Applications.
Note • History
Applicants shall verify under penalty of perjury that all statements, documents, and certifications contained in or accompanying an application are true and correct to the best of the applicant's knowledge. This shall include all statements and documents submitted during the active life of the application. If an applicant discovers information that creates a material error in any statement, document, or certification previously submitted by the applicant, the applicant shall submit the new information to the Board within 30 days of discovering the new information.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.35. Intentional or Reckless Acts; Disqualification of Applications.
Note • History
(a) Notwithstanding any other provision of this article, response costs that result from the gross negligence or the intentional or reckless acts of the applicant or an agent, servant, employee or representative of the applicant, are not eligible for funding from the Orphan Site Cleanup Fund.
(b) The Board may disqualify an application and may bar the application and any other application submitted by the applicant from further participation in the Orphan Site Cleanup Fund at any time if it is found that any application submitted by the applicant contains a material error that was a result of misrepresentation, fraud, or other misconduct on the part of the applicant.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
§2814.36. Overpayment; Repayment.
Note • History
(a) An applicant that obtains payment from the Orphan Site Cleanup Fund as a result of a material error in the application or another submitted document shall repay to the Board the amount of funds paid to the applicant.
(b) Any payment made to the applicant to which applicant is not entitled must be repaid to the Board immediately upon knowledge or notice that such a payment has been made and, in any event, not later than 30 days after a written request for repayment by the Board.
(c) Money repaid to the Board pursuant to this section shall be deposited in the Orphan Site Cleanup Fund established by section 25299.50.2 of the Health and Safety Code.
NOTE
Authority cited: Section 25299.77, Health and Safety Code Reference: Section 25299.50.2, Health and Safety Code
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Note • History
If the Board denies the application, the applicant shall have no right to administratively appeal the decision, but may reapply at any time. An applicant may not reapply if the previously-denied application or any other information submitted to the Board by the applicant contained a material error that was a result of misrepresentation, fraud, or other misconduct.
NOTE
Authority cited: Section 25299.77, Health and Safety Code. Reference: Section 25299.50.2, Health and Safety Code.
HISTORY
1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-26-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
4. Repealer and new section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).
Chapter 19. Certification Under the California Pollution Control Financing Authority Act [Repealed]
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 39615, Health and Safety Code.
HISTORY
1. Repealer of Subchapter 19 (Sections 2800 through 2811) filed 9-5-81; effective thirtieth day thereafter (Register 80, No. 36). For prior history see Register 74, No. 10.
Chapter 20. Standards for the Removal of Sewage from Vessels
Article 1. General
Note • History
The standards contained herein are prescribed by the State Board pursuant to Chapter 6 (commencing with Section 775) of Division 3 of the Harbors and Navigation Code. The purpose of these standards is to establish criteria for the design, construction, operation, and maintenance of pumpout facilities for the removal of sewage from vessel sewage retention devices.
NOTE
Authority cited: Sections 775, 775.5, 776, 778, 783 and 784, Harbors and Navigation Code. Reference: Chapter 6 (commencing with Section 775), Division 3, Harbors and Navigation Code.
HISTORY
1. New Subchapter 20 (Sections 2815-2829, not consecutive) filed 9-3-76; effective thirtieth day thereafter (Register 76, No. 36).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note • History
The following definitions shall apply to this subchapter.
(a) “Pumpout facility” means any facility or other means used to transfer sewage from a vessel sewage retention device aboard a vessel to storage and/or disposal facilities.
(b) “Sewage retention device” means any equipment on board a vessel which is designed to receive and retain sewage.
NOTE
Authority cited: Sections 775.5 and 778, Harbors and Navigation Code. Reference: Section 775.5, Harbors and Navigation Code.
HISTORY
1. New subsection (e) filed 8-6-81; effective thirtieth day thereafter (Register 81,No. 32).
2. Order of Repeal of subsections (b-d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Amendment filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2817. Application of Regulations. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Design and Construction
§2819. Pumpout Facility Design and Use.
Note • History
The pumpout facility must be designed or utilized such that all sewage transferred from vessel marine sanitation devices is stored or disposed of in a manner approved by the appropriate Regional Water Quality Control Board and in accordance with local ordinances.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
2. Editorial correction (Register 95, No. 33).
§2820. Prevention of Leakage and Spillage.
Note • History
All pumpout facilities shall be designed and constructed in such a manner that there shall be no leakage or spillage of sewage.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2821. Pump Design Requirements.
Note • History
Pumps provided at the pumpout facility for the transfer of waste from vessel to the pumpout facility and from the pumpout facility to the disposal system shall:
(a) Be of self-priming and non-clogging design.
(b) Be of sufficient size and capacity to complete the transfer operation in a reasonable amount of time when operating against the maximum anticipated head.
(c) Be designed and installed to prevent leakage or spillage.
(d) Be designed and installed to meet all safety requirements.
(e) Be constructed of corrosion-resistant material.
The pumps may be either of fixed or portable type installation.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2822. Storage Tank Design Requirements.
Note • History
Storage tanks used to store pumpout waste shall:
(a) Be designed and constructed to allow for complete emptying of contents into a disposal system or waste haulers tank.
(b) Be equipped with a means of determining the amount of sewage in the tank.
(c) Be equipped with a means of preventing backflow from the storage tank into the pumpout system.
(d) Be designed and constructed to prevent overflow or spillage.
(e) Be designed and installed to protect against a 1-in-100 year flood.
(f) Be constructed of material capable of withstanding solar radiation and chemical action of freshwater, saltwater, chemical additives and sewage without excessive deterioration.
(g) Be designed and constructed such that the sewage enters the tank above maximum storage level.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2823. Design Requirements for Piping and Hoses.
Note • History
All piping/hosing used in the design and construction of a pumpout system shall:
(a) Be designed to withstand any pumping pressure or vacuum encountered without leakage; and
(b) Be constructed of material capable of withstanding solar radiation and chemical action of freshwater, saltwater, chemical additives, and sewage without excessive deterioration.
All fittings shall be of corrosion-resistant material and shall be so constructed and installed as to ensure a water-tight seal. All pumpout systems shall be designed and constructed to have a minimum capability of pumping out vessel marine sanitation devices having 1 1/2-inch fittings. The system shall be designed and constructed to prevent leakage when transferring or when the system is disconnected. This would normally require a minimum of four valves; one on each side of the pump, plus one at the storage tank, and one at the vessel holding tank connection.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
2. Editorial correction of printing error in subsection (b) (Register 94, No. 26).
§2824. Pumpout Facility Water Supply Required.
Note • History
The pumpout facility shall be designed and constructed such that a water supply is available at appropriate locations for flushing and cleaning of vessel holding tanks and storage tanks. The water supply shall be protected against back-siphonage of waste into the water system by a backflow prevention device meeting the standards established by the State Board of Public Health in Group 4 (commencing with Section 7583), Subchapter 1, Chapter 5, Part 1 of Title 17 of the California Administrative Code.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Article 3. Operation and Maintenance
§2827. Operation and Maintenance Instructions.
Note • History
A set of operation and maintenance instructions shall be prepared and used in the operation of the pumpout facility. The operation and maintenance instructions shall be available for inspection at the pumpout facility and if found to be deficient by the staff of the Regional Board, the instructions shall be corrected within 30 days.
(a) The operation instructions shall have a detailed explanation of valve positions when the system is transferring sewage and when the system is not being used.
(b) The operation and maintenance instructions shall include methods which will be used to isolate portions of the system for maintenance and repair.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2828. Prevention of Leakage and Spillage.
Note • History
All pumpout facilities shall be operated and maintained in such a manner that there shall be no leakage or spillage of sewage.
NOTE
Authority cited: Sections 777 and 778, Harbors and Navigation Code. Reference: Section 777, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2829. Inspection and Maintenance Requirements.
Note • History
The entire pumpout system shall be inspected by the operator at regular intervals not exceeding six months and any worn components replaced. The Regional Board staff shall inspect the facility at regular intervals not to exceed one yea.
NOTE
Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Chapter 20.1. Designation of Marine Terminals to Provide Adequate Sewage Retention Device Pumpout Facilities
Article 1. General Provisions
Note • History
Pursuant to Chapter 6 (commencing with Section 775) of Division 3 of the Harbors and Navigation Code the State Board shall, as needed for the protection of water quality, require any person lawfully vested with the possession, management, or control of a marine terminal to provide adequate vessel sewage retention device pumpout capability, at locations which are convenient and accessible to vessel users.
It is the intent of these regulations to provide a standard method of determining which marine terminals shall be required to install and operate pumpout facilities.
NOTE
Authority cited: Sections 776 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. New Subchapter 20.1 (Articles 1-2, Sections 2831-2836) filed 8-11-77; effective thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
3. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2832. Definitions. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Administrative Procedures
§2833. Regional Board Request.
Note • History
Each Regional Board, upon determining a need for additional pumpout facilities within its region, shall request the State Board to require specified marine terminals to install and operate pumpout facilities where necessary to protect water quality.
NOTE
Authority cited: Sections 776 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2833.1. Contents of Regional Board Request for Pumpout Facilities.
Note • History
Requests for requiring marine terminals to install and operate vessel waste pumpout facilities shall be forwarded to the State Board by the Regional Board. Each request shall be based upon the guidelines contained in Section 2834.1 and shall include the following as well as any other information requested by the State Board.
(a) Designation of the area where additional facilities are needed.
(b) Explanation of the need for additional pumpout facilities within the area including:
(1) An estimate of the number of vessels with sewage retention devices requiring pumpout facilities.
(2) The location of each marine terminal.
(3) The location and capacity of existing pumpout facilities.
(c) Recommendations as to which marine terminal or terminals should install and operate pumpout facilities, the capacity of the facilities which should be installed, and reasons for such recommendations.
(d) The name, owner, and address of each marine terminal recommended pursuant to (c) above.
(e) An appropriate installation time schedule pursuant to Section 2835.
(f) Copies of any comments received as a result of the Notice of Pumpout Facility Need.
NOTE
Authority cited: Sections 775, 776, 777, 777.5 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2833.2. Notice of Pumpout Facility Need.
Note • History
Prior to requesting the State Board to require a marine terminal to install and operate pumpout facilities the Regional Board shall prepare a Notice of Pumpout Facility Need and shall forward a copy of the notice to known interested agencies and persons, including each marine terminal owner in the proposed area of pumpout facility need. The Regional Board shall publish the notice at least once in a newspaper of general circulation in the proposed area of pumpout facility need. Proof of publication of the notice shall be submitted to the State Board. The notice shall provide a 30-day comment period in which interested persons may comment upon the notice. The notice shall contain:
(a) A designation of the area considered by the Regional Board.
(b) The reason pumpout facilities are believed to be necessary for the protection of water quality in that area.
(c) The names, locations, and addresses (if available) of marine terminals which may be required to install or operate pumpout facilities.
NOTE
Authority cited: Sections 775, 775.5, 776, 777 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2833.3. Hearings by Regional Boards.
Note • History
Upon the request of the State Board, any interested person, or upon its own motion, the Regional Board may hold a public hearing prior to requesting the State Board to require a marine terminal to install pumpout facilities. The Regional Board shall transmit any comments received together with their request to the State Board.
NOTE
Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code. Reference: Section 13000, Water Code; and Sections 776, 777 and 778, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2833.4. Hearings by State Board.
Note • History
Upon the request of any interested person, or upon its own motion, the State Board may hold a public hearing regarding a proposed requirement that a marine terminal install pumpout facilities.
NOTE
Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code. Reference: Sections 183 and 13000, Water Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note • History
The State Board may require marine terminals to install and operate vessel waste pumpout facilities after consideration of the request of the Regional Board, the record of any Regional Board or State Board hearing and the following guidelines. Copies of the order requiring installation and operation of pumpout facilities shall be sent to the Regional Board, the marine terminal owner, and to other marine terminals within the area of activity.
NOTE
Authority cited: Sections 776 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2834.1. Guidelines for Marine Terminal Selection.
Note • History
(a) Upon a determination that an area needs additional pumpout facilities, such need should be met by public marine terminals, if possible.
(b) Upon a determination by any Regional Board that there is no public marine terminal within an area in which additional pumpout facilities are needed for protection of water quality, the State Board shall hold a hearing to determine whether private marine terminals should be designated to provide sewage retention device pumpout facilities.
(c) In addition, the State Board and Regional Boards shall, as a minimum, consider at least the following factors in determining which marine terminals should be required to provide pumpout facilities:
(1) Availability of private marine terminals with pumpout facilities not available to the general public.
(2) Priority consideration should be given to marine terminals with fuel docking capability.
(3) The number of vessels with sewage retention devices berthed at each marine terminal in the area.
(4) The depth of water required for the vessels that will be using the pumpout facility.
(5) The expense of installing a pumpout facility and access to a means of disposing of or treating the sewage.
NOTE
Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. Amendment of subsections (a) and (c) filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note • History
Since the time necessary for the installation of pumpout facilities may vary, when the State Board requires a marine terminal to install a pumpout facility, an appropriate time schedule shall be included in the order.
NOTE
Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code. Reference: Section 776, Harbors and Navigation Code.
HISTORY
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
§2836. Design, Construction, Operation, and Maintenance. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Chapter 21. Certification for Small Business Concerns Applying for Small Business Act Loans to Meet Water Pollution Control Requirements [Repealed]
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 13, Division 7, Water Code.
HISTORY
1. Repealer of Subchapter 21 (Sections 2840-2854) filed 9-2-81; effective thirtieth day thereafter (Register 81, No. 36). For prior history see Registers 77, No. 9, and 76, No. 49.
Chapter 22. State Policy for Water Quality Control
§2900. Nondegradation: Statement of Policy with Respect to Maintaining High Quality of Waters in California
Note • History
HISTORY
1. New chapter 22 including section 2900 added. State Water Resources Control Board Nondegradation Policy as adopted October 24, 1968, Resolution No. 68-16, submitted to OAL for filing and publication pursuant to Government Code section 11343.8, but not review pursuant to Government Code section 11353, filed 6-21-93 (Register 93, No. 26).
2. Order to depublish chapter 22 (sections 2900-2906 inclusive) filed 8-5-93 (Register 93, No. 32).
§2907. Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304.
History
I. The procedures Regional Water Boards shall implement in making decisions as to when a person may be required to undertake an investigation related to a discharge or threat of a discharge subject to WC § 13304.
The Regional Water Board shall:
• Use any relevant evidence to identify dischargers;
• Make reasonable efforts to identify dischargers;
• Require identified dischargers to investigate; and
• Coordinate with other agencies.
II. The policies Regional Water Boards shall apply in overseeing: (a) investigations to determine the nature and horizontal and vertical extent of a discharge and (b) appropriate cleanup and abatement measures.
The Regional Water Board shall:
• Require a progressive sequence: site assessment; investigation (soil and water); cleanup and abatement action development; cleanup and abatement action; and effectiveness verification;
• Approve concurrent action under site-specific circumstances; emergency, imminent threat, protracted investigation causing delay, and small discharges which can be cleaned up quickly;
• Require cleanup and abatement of all affected locations;
• Name other dischargers as permitted by law;
• Require adequate workplans;
• Review and approve workplans as practicable;
• Require documentation of activities;
• Require reliance on qualified professionals;
• Prescribe consistent standards for similar circumstances; and
• Identify activities that do not require supervision.
III. The procedures Regional Water Boards shall implement to ensure that discharges have the opportunity to select cost-effective methods for investigating discharges or threatened discharges and methods for cleaning up the discharges and abating the effects thereof.
The Regional Water Board shall:
• Require attainment of cleanup and abatement goals;
• Require reasonable technical and monitoring reports;
• Require comparison of alternatives;
• Require consideration of standard and alternative investigative methods;
• Require consideration of standard and alternative cleanup and abatement methods;
• Require consistency with existing water quality control plans and policies; and
• Require best cleanup attainable if restoration of background is not feasible.
IV. The factors for Regional Water Boards to take into account in determining schedules for investigation and cleanup and abatement.
The Regional Water board shall take into account:
• Degree of threat;
• Timely compliance with water quality control plans and policies;
• Discharger's resources; and
• Desirability of avoiding use of public funds.
HISTORY
1. New section filed 7-8-94 pursuant to Government Code section 11353; operative 7-8-94 (Register 94, No. 27). This section is a summary of the regulatory provisions contained in Board Resolution No. 92-49 as is provided for in Government Code section 11353.
2. Editorial correction of History 1 (Register 94, No. 32).
§2908. Policy for Regulation of Discharges of Municipal Solid Waste.
History
On June 17, 1993, the State Water Resources Control Board (State Water Board) adopted Resolution 93-62, entitled Policy For Regulations Of Discharges Of Municipal Solid Waste (Policy hereinafter).
The Policy implements the State Water Board's regulations governing the discharge of waste to land at municipal solid waste (MSW) landfills (which resided in 23 CCR § 2510 et seq., “Chapter 15,” and which were moved, in 1997, with slight changes, to 27 CCR § 20005 et seq., “Title 27”) and implements those water quality related portions of the federal regulations governing the discharge of MSW at landfills (40 CFR § 258.1 et seq., “federal MSW regulations”) that are not addressed by Title 27. The federal MSW regulations apply to all landfills that receive waste on or after October 9, 1991; the majority of the federal provisions became effective on October 9, 1993 (Federal Deadline).
The Policy directed Regional Water Quality Control Boards (Regional Water Boards) to revise or adopt, as appropriate, prior to the Federal Deadline, the waste discharge requirements (WDRs) for each landfill that is subject to the federal MSW regulations. The Policy required the revised WDRs to implement those regulations in the manner described in the Policy and to implement the then-current Chapter 15 regulations as well.
After the Federal Deadline, the discharge of municipal solid waste is allowed only to areas that are lined in accordance with the provisions of the Policy. For dischargers having a landfill within one mile of a source of drinking water, the Policy requires the revised WDRs to contain a water quality monitoring program that, as of October 9, 1994, will comply with the Policy. For landfills further than one mile from a source of drinking water, this monitoring compliance deadline is October 9, 1995.
On July 21, 2005, the State Water Board revised the Policy to provide the Regional Water Boards with authority to implement a new federal regulation (40 CFR §258.4, entitled “Research, Development, and Demonstration Permits for Municipal Solid Waste Landfills”), which became effective March 22, 2004. Section 258.4 allows temporary variances from certain listed federal standards (that would otherwise apply), for the purpose of demonstrating the viability of new approaches and technology. A Regional Water Board may only grant a section 258.4 variance if it finds that granting such a variance will pose no additional threat to water quality at that landfill and that the landfill is, otherwise, in full compliance with the federal MSW regulations.
HISTORY
1. New section filed 7-28-93; operative 7-28-93 pursuant to Government Code section 11353 (Register 93, No. 31).
2. Amendments adding language summarizing amendments to the Policy for Regulation of Discharges of Municipal Solid Waste filed 10-4-2005; amendments adopted by the State Water Resources Control Board 7-21-2005 pursuant to Resolution No. 93-62; approved by OAL 10-4-2005 pursuant to Government Code section 11353 (Register 2005, No. 40).
§2909. Concise Summary of Regulatory Provisions Amendment to the Water Control Policy for the Enclosed Bays and Estuaries of California.
History
Chapter 1: Principles for Management of Water Quality in Enclosed Bays and Estuaries.
The amendment allows an exception to the provision requiring the elimination of wastewater discharges to the San Francisco Bay south of the Dumbarton Bridge for treated ground water from ground water cleanup projects. The exception may be granted by the San Francisco Bay Regional Water Quality Control Board when 1) the discharge will comply with all applicable State and Regional Board plans, policies and regulations, 2) reclamation or reuse is not practicable, 3) there is no other feasible location for discharge, and 4) the need to dispose of treated ground water outweighs the need to prohibit the discharge south of the Dumbarton Bridge.
HISTORY
1. Adoption of section 2909 by Resolution 95-84 effective March 5, 1996 pursuant to Government Code section 11353. Section 2909 is a concise summary of an amendment to the “Water Quality Control Policy for the Enclosed Bays and Estuaries of California” which was adopted in 1974 by Board Resolution 74-43.
§2910. Concise Summary of Regulatory Policy on Water Quality Enforcement.
Note • History
On November 17, 2009, the State Water Resources Control Board adopted Resolution No. 2009-0083, rescinding Resolution 2002-0040 and the existing Water Quality Enforcement Policy (Enforcement Policy) and approving the revised Enforcement Policy. The overarching goal of the Enforcement Policy is to protect and enhance the quality of the waters of the State by defining an enforcement process that addresses water quality problems in the most efficient, effective, and consistent manner. It is intended to better enable the State Water Resources Control Board and Regional Water Quality Control Boards (Water Boards) to expend their limited resources in ways that openly address the greatest needs, deter harmful conduct, protect the public, and achieve maximum water quality benefits. The Enforcement Policy implements and provides guidance regarding the Water Boards' use of enforcement powers set forth in Division 7 of the Water Code (commencing at Water Code Section 13000) and related statutes.
More specific goals and a summary of the proposed revisions include:
•Greater focus on “policy” statements and minimization of “guidance;”
•Acknowledgment of the specific needs and limitations of publicly owned treatment works and sewage collection systems that serve small communities;
•New violation ranking criteria to help Water Board staff and management more readily identify the highest priority violations;
•Process for prioritizing enforcement actions;
•Description of circumstances that may prompt the State Water Board to exercise its enforcement authority;
•Penalty calculation methodology to help ensure consistency in the Water Boards' approach and analysis of factors when determining ACL penalty amounts;
•More realistic suggested timeframe for issuance of mandatory minimum penalties;
•Updates to reflect recent statutory changes to the definition of “small communities” for purposes of determining when a discharger qualifies for applying a mandatory minimum penalty toward a compliance project;
•Policy statements regarding the definition of a “Discharge Monitoring Report;”
•Policy statements limiting the authority for a Regional Water Board to allow compliance projects in administrative civil liabilities unless expressly provided for in statute;
•General alignment of the Policy with new and existing statutory authorities;
•Mechanism to allow dischargers to make capital or operational improvements beyond those required by law (that are separate from projects designed to merely bring a discharger into compliance);
•Requirements for timely documentation of violations and enforcement actions in Water Board databases; and
•Requirements to keep the public informed of State and Regional Water Board performance with regard to enforcement activities.
NOTE
Authority cited: Sections 13140 and 13399, Water Code. Reference: Sections 13140 and 13399, Water Code.
HISTORY
1. Adoption of section 2910 by Resolution 96-030 effective August 28, 1996 pursuant to Government Code section 11353. Section 2910 is a concise summary of a “Water Quality and Enforcement Policy and Associated Guidance” adopted April 18, 1996.
2. Amendment of final paragraph and new Note filed 12-10-97; operative 12-10-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 50).
3. Amendment of section and Note filed 7-30-2002; operative 7-30-2002 pursuant to Government Code section 11353 (Register 2002, No. 31).
4. Repealer and new section filed 5-20-2010; approved by OAL and operative 5-20-2010 pursuant to Government Code section 11353 (Register 2010, No. 21).
§2910.1. Policy on Supplemental Environmental Projects (SEP Policy).
History
On February 3, 2009, the State Water Resources Control Board (State Water Board) adopted Resolution No 2009-0013, which adopted the State Water Resources Control Board Policy on Supplemental Environmental Projects (SEP Policy). In adopting this SEP Policy, the State Water Board intended to establish criteria for selection of SEPs and increase transparency of the process to ensure that the selected projects have environmental value, further the enforcement goals of the State Water Board and Regional Water Boards (Water Board), and are subject to appropriate input and oversight.
The regulatory provisions of the SEP Policy generally:
• Limit SEPs to 50 percent of the total monetary assessment;
• Define the two general categories of allowable SEPs;
• Specify criteria for project qualification;
• Require a nexus between the violation and the SEP (and define what qualifies as a “nexus”);
• Specify requirements for all orders allowing SEPs;
• Specify provisions for project payment tracking reporting and oversight; and,
• Require public reporting on status of SEP implementation.
HISTORY
1. New section containing policy on supplemental environmental projects adopted by the State Water Resources Control Board 2-3-2009 and filed 9-15-2009; operative 9-15-2009 pursuant to Government Code section 11353 (Register 2009, No. 38).
§2911. Summary of Containment Zone Amendment of Resolution No. 92-49: Policies and Procedures for Investigation and Cleanup and Abatement of Discharges Under Water Code Section 13304.
History
Section H:
The amendment establishes conditions under which Regional Water Quality Control Boards (RWQCBs) may designate containment zones. A containment zone is a portion of a ground water unit where the RWQCB finds it is technically or economically infeasible to cleanup to water quality objectives, and where the RWQCB finds the discharger can contain pollutants within the designated zone so that water quality objectives are not exceeded outside the zone. The discharger is required to monitor to verify on-going containment, and to mitigate significant environmental impacts.
The policy provides:
* Guidance for discharger application;
* Procedures for RWQCB designation;
* Conditions for designation; and
* Administrative procedures for tracking sites, recommending improved procedures, and RWQCB recovery of costs of application review.
Appendix to Section H:
The Appendix outlines information to be included (as appropriate) in an application for designation of a containment zone.
HISTORY
1. New section summarizing amendment to State Water Resources Control Board Resolution No. 92-49 filed 1-13-97; amendment was adopted by the State Water Resources Control Board 10-2-96; approved by OAL and effective 1-13-97 pursuant to Government Code section 11353 (Register 97, No. 3).
§2912. Concise Summary of the Water Quality Control Policy for Guidance on Development of Regional Toxic Hot Spot Cleanup Plans.
History
Resolution No. 98-090, adopted on September 2, 1998, by the State Water Resources Control Board, created the Water Quality Control Policy for Guidance on Development of Regional Toxic Hot Spot Cleanup Plans (Policy). The Policy is intended to be used by the Regional Water Quality Control Boards (RWQCBs) to develop consistent regional toxic hot spot cleanup plans pursuant to Water Code Section 13394. The Policy provides guidance on:
• the contents of the regional cleanup plans;
• a specific definition of toxic hot spot;
• criteria to rank sites;
• toxic hot spot remediation methods;
• costs and benefits of remediation;
• prevention of toxic hot spots; and
• site-specific variances from the Policy.
The Policy contains a template to be used by the RWQCBs in developing the cleanup plans. The Policy also lists several issues to be considered in the development of the statewide consolidated toxic hot spot cleanup plan.
HISTORY
1. New section summarizing Water Quality Control Policy for Guidance on Development of Regional Toxic Hot Spot Cleanup Plans, Resolution No. 98-090, adopted 9-2-98 by the State Water Resources Control Board; approved by OAL and effective 11-9-98 pursuant to Government Code section 11353; filed with the Secretary of State 11-10-98 (Register 98, No. 46).
§2913. Concise Summary of the Consolidated Toxic Hot Spots Cleanup Plan.
History
(a) Resolution 99-065, adopted June 17, 1999, by the State Water Resources Control Board, created the Consolidated Toxic Hot Spots Cleanup Plan (Plan). As required by Water Code Sections 13392 and 13394, the Plan requires the Regional Water Quality Control Boards to implement remedial actions at identified known toxic hot spots to improve and protect the quality of the enclosed bays, estuaries and coastal waters of the State from discharges of hazardous substances in accordance with the provisions of Chapter 5.6 of the Water Code. The Plan was adopted as Policy for Water Quality Control. The Plan contains the following elements:
• A list of known toxic hot spots;
• The priority of each known toxic hot spot;
• Procedures for removing toxic hot spots from the Plan;
• Guidance on the reevaluation of waste discharge requirements;
• The scope of remedial actions and costs;
• Policy on remediation if potential discharger is identified;
• Policy on remediation in the absence of potential discharger;
• Policy for prevention of toxic hot spots:
• Special provisions for remediation in San Diego Bay;
• The toxic hot spot definition, ranking criteria, and benefits of remediation;
• Mitigation necessary to avoid the potential environmental impacts of remediation; and
• Regional Toxic Hot Spots Cleanup Plan developed pursuant to Title 23, California Code of Regulations Section 2912.
(b) On January 22, 2004, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2004-0002 amending the Consolidated Hotspots Cleanup Plan (Consolidated Plan). The amendment revised three toxic hot spot cleanup plans for the Central Valley region. The Central Valley Regional Water Quality Control Board (Regional Water Board) adopted the revised plans in Resolution R5-2003-0034. The revised plans address: 1) diazinon in orchard dormant spray; 2) diazinon and chlorpyrifos in stormwater; and 3) chlorpyrifos in irrigation return flow. The revisions deleted site-specific variances for these hot spots and added specific information addressing the elements that must be included in a toxic hot spot cleanup plan under Water Code §13394. The revised Plans recognize that the three pesticide problems are seasonal water column problems that cannot be addressed by hauling away the water or underlying sediments but instead must rely on controlling the amount of chemicals that reach surface waters in the delta. The revised Plans:
• Comprehensively describe actions already implemented to reduce pesticide levels (Water Code §13394(h))
• Preliminarily assess actions required to remedy or restore toxic hot spots (Water Code §13394(f)), including the establishment of time schedules for the Regional Board to consider Basin Plan amendments to control pesticide discharges and to implement TMDLs, as well as the identification of elements that need to be included in revisions to the Basin Plan
• Estimate the costs of implementing the program and the costs that may be recoverable from potential dischargers (Water Code §§13394(c) and (e)) and identify potential sources of funds for costs not recoverable from dischargers (Water Code §13394(g))
• Require monitoring to evaluate program success.
HISTORY
1. New section summarizing Water Quality Control Policy for Consolidated Toxic Hot Spots Cleanup Plan, Resolution No. 99-065, adopted 6-17-99 by the State Water Resources Control Board; approved by OAL and effective 11-15-99 pursuant to Government Code section 11353; filed with the Secretary of State 11-15-99 (Register 99, No. 47).
2. Amendment designating first paragraph as subsection (a) and adopting subsection (b) providing summary of amendment filed 3-20-2007; amendment approved by State Water Resources Control Board Resolution No. 2004-0002 on 1-22-2004; amendment approved by OAL pursuant to Government Code section 11353 on 3-20-2007 (Register 2007, No. 12).
§2914. Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California.
History
On March 2, 2000, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2000-015, creating the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Policy). On April 26, 2000, the SWRCB adopted Resolution No. 2000-030, which amended Resolution No. 2000-015 by modifying the conditions for the effective date of the Policy with respect to its application to certain standards. The goal of the Policy is to establish a standardized approach for permitting discharges of toxic pollutants to non-ocean surface waters in a manner that promotes statewide consistency. The Policy applies to discharges of toxic pollutants into the inland surface waters, enclosed bays, and estuaries of California subject to regulation under the State's Porter-Cologne Water Quality Control Act (Division 7 of the Water Code) and the federal Clean Water Act. Such regulation may occur through the issuance of National Pollutant Discharge Elimination System (NPDES) permits, the issuance or waiver of waste discharge requirements, or other relevant regulatory approaches. The Policy does not apply to discharges of toxic pollutants from combined sewer systems or to the regulation of storm water discharges.
The Policy establishes: (1) implementation provisions for priority pollutant criteria promulgated by the U.S. Environmental Protection Agency (U.S. EPA) through the National Toxics Rule (NTR) (40 C.F.R. §131.36) and through the California Toxics Rule (CTR) (40 C.F.R. §131.38), and for priority pollutant objectives established by Regional Water Quality Control Boards (RWQCBs) in their water quality control plans (basin plans); (2) monitoring requirements for 2,3,7,8-TCDD equivalents; and (3) chronic toxicity control provisions. In addition, the Policy includes a description of the State's existing nonpoint source management approach, procedures for initiating site-specific objective development, and exceptions provisions. Terms are defined in Appendix 1 of the Policy. The specific, regulatory Policy provisions are summarized as follows:
(a) Establishing Water Quality-Based Effluent Limitations for Priority Pollutant Criteria/Objectives
(1) Specifies the priority pollutant criteria and objectives, and their general application to beneficial uses designated in basin plans, to which the Policy applies.
(2) Addresses data requirements and adjustments; specifies that the RWQCBs shall issue letters to all NPDES permittees requesting the data necessary to determine whether water quality-based effluent limitations are needed and to calculate the limits; authorizes a time schedule of not to exceed three years from the Policy's effective date for submittal of data; states that it is the discharger's responsibility to provide the necessary data; requires that criteria/objectives, and pollutant and flow data, are properly adjusted, applied, and expressed for the purposes of establishing water quality-based effluent limitations pursuant to the Policy.
(3) Establishes provisions to determine whether a water quality-based effluent limitation for a priority pollutant is required in a discharger's permit (flowchart is provided in Appendix 2 of the Policy).
(4) Establishes four methods for calculating water quality-based effluent limitations for priority pollutants to be included in permits: derive from a Total Maximum Daily Load (TMDL); use a steady-state model; apply a dynamic model, and consider intake water pollutants; detailed procedures are established for the steady-state model method; specifies that more restrictive water quality-based effluent limitations (e.g., discharge prohibition) are required if necessary to protect beneficial uses or are otherwise required by law; establishes method for calculating effluent limitations where pollutants are so diluted by cooling water as to make monitoring impractical.
(5) Establishes procedures for applying translators to metals and selenium criteria/objectives; requires that the U.S. EPA conversion factor (listed in Appendix 3 of the Policy) be used as translators unless the discharger completes a site-specific translator study and proposes a site-specific translator within two years of permit issuance or reissuance; establishes general procedures for conducting the study and specifies interim permit requirements.
(6) Authorizes RWQCBs to consider granting mixing zones and dilution credits to be used in calculating water quality-based effluent limitations; establishes procedures for deriving a dilution credit; establishes conditions to be met in allowing a mixing zone and factors to be considered in determining whether to deny or significantly limit a mixing zone and dilution credit.
(7) Establishes procedures for determining the ambient background concentration of a priority pollutant for use in determining whether a water quality-based effluent limitation is required and in calculating a limit; specifies that the observed maximum of individual reported values be used, except that an arithmetic mean shall be used in the case of calculating a water quality-based effluent limitation for a priority pollutant that is intended to protect human health from carcinogenic effects.
(8) Establishes conditions under which a credit for intake water pollutants may be considered in calculating a water quality-based effluent limitation for a priority pollutant.
(b) Determining Compliance With Priority Pollutant Criteria/Objectives and Water Quality-Based Effluent Limitations for Priority Pollutant Criteria/Objectives
(1) Authorizes the RWQCBs to grant compliance schedules up to five years from permit issuance, reissuance, or modification to comply with water quality-based effluent limitations for CTR priority pollutants, and up to 15 years to develop and adopt a TMDL, and accompanying Waste Load Allocations and Load Allocations, for CTR priority pollutants; establishes conditions, including discharger justification, under which a compliance schedule may be granted for an existing discharger; requires compliance with CTR criterion-based effluent limitation within 10 years from the effective date of the Policy; requires compliance with TMDL-derived effluent limitations within 20 years from the effective date of the Policy; requires that a compliance schedule be accompanied by interim requirements in the permit.
(2) Establishes provisions for interim requirements under a compliance schedule, including a requirement for numeric interim limitations if the compliance schedule exceeds one year; establishes provisions for interim requirements under a schedule to submit data sufficient to establish water quality-based effluent limitations.
(3) Establishes a requirement for dischargers to conduct self-monitoring programs and a requirement for RWQCBs to specify monitoring requirements in permits; lists options for analytical methods for priority pollutants to be used; requires that laboratories monitoring samples be certified by the Department of Health Services in accordance with Water Code Section 13176.
(4) Establishes that the discharger shall report with each analytical sample result two reporting levels, the Method Detection Limit (MDL) and the applicable Minimum Level (selected in accordance with the Policy); establishes procedures for selecting and using an ML from among the MLs established in Appendix 4 of the Policy; establishes conditions under which an ML that is not in Appendix 4 may be included in the discharger's permit; establishes protocols for reporting analytical sample results in relation to the required reporting levels (the MDL and the ML); establishes provisions for determining compliance with water quality-based effluent limitations for priority pollutants based on the reporting protocols, including a requirement to conduct a Pollutant Minimization Program under specified situations.
(c) 2,3,7,8-TCDD Equivalents: Directs RWQCBs to require all NPDES permittees to monitor their effluents for the presence of the 17 congeners of 2,3,7,8-TCDD (dioxin) for specified periods; states that the results of this statewide monitoring effort will be assessed for the purpose of developing a multi-media control strategy for these chemicals in the future.
(d) Toxicity Control Provisions: Establishes minimum toxicity control provisions for implementing the narrative toxicity objectives for aquatic life protection in basin plans that supplement, not supersede, existing RWQCB toxicity requirements.
(e) Special Provisions
(1) Establishes a procedure for the RWQCBs to follow in considering the initiation of site-specific objective development for priority pollutants.
(2) Establishes provisions for granting categorical exceptions to meeting priority pollutant criteria/objectives determined to be necessary to implement control measures for resource or pest management conducted by public entities, or regarding drinking water, to fulfill statutory requirements; establishes provisions for granting case-by-case exceptions to meeting a priority pollutant criterion/objective or any other provision of the Policy where the exception will not compromise protection of enclosed bay, estuarine, and inland surface waters for beneficial uses and the public interest will be served.
(f) Definition of Terms: The Policy defines “acutely toxic conditions”, “arithmetic mean”, “average monthly effluent limitation”, “best management practices”, “bioaccumulative”, “biologically-based receiving water flow”, “carcinogenic”, “coefficient of variation”, “completely-mixed discharge”, “dilution credit”, “dilution ratio”, “dynamic models”, “effluent concentration allowance”, “enclosed bays”, “estimated chemical concentration”, “estuaries”, “existing discharger”, “four-day average of daily maximum flows”, “harmonic mean”, “incompletely-mixed discharge”, “infeasible”, “inland surface waters”, “load allocation”, “long-term arithmetic mean flow”, “maximum daily flow”, “maximum daily effluent limitation”, “median”, “method detection limit”, “minimum level”, “mixing zone”, “mutagenic”, “new discharger”, “objectionable bottom deposits”, “ocean waters”, “persistent”, “pollutant minimization”, “pollution prevention”, “process optimization”, “public entity”, “source of drinking water”, “standard deviation”, “teratogenic”, “toxicity reduction evaluation”, “use attainability analysis”, “1Q10”, “7Q10”, and “90th percentile of observed data”.
HISTORY
1. New section summarizing the policy adopted by State Water Resources Control Board Resolution Nos. 2000-015 and 2000-030; approved by OAL and effective 4-28-2000 pursuant to Government Code section 11353; summary filed with the Secretary of State 4-28-2000 (Register 2000, No. 17).
2. Revision of “alternate test procedure” provision of section 2.3 of the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California approved by OAL and effective 5-22-00 pursuant to Government Code section 11353; summary filed with the Secretary of State 5-22-00 (Register 2000, No. 21).
§2914.5. Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries.
Note • History
The amendments for the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP) consist of:
(1) Discharger-Specific Water Effect Ratios (WERs):
The language of the SIP has been amended to allow Regional Water Quality Control Boards (Regional Water Boards) to use discharger-specific WERs in the National Pollutant Discharge Elimination System (NPDES) permitting process. The development of WERs would still have to use U.S. Environmental Protection Agency (USEPA) guidance or other scientifically defensible protocols, but the approvals of WERs by the State Water Resources Control Board (State Water Board) and USEPA through the adoption of a Regional Water Quality Control Plan provision would not be required. The State Water Board and USEPA would still be involved in the development of the WER through the public review process of the NPDES permit containing the proposed Site-Specific Objective and associated effluent limit.
(2) Modify the language of Step 6 of reasonable potential analysis:
The language of the SIP has been amended to allow the reasonable potential Step 6 trigger to apply only to situations where ambient background concentrations are greater than the water quality criterion or objective, and the pollutant is detected in the effluent. Language would also be added to require monitoring in situations where ambient background concentrations are greater than the water quality criterion or objective, and the pollutant is not detected in the effluent.
(3) Modify language to improve clarity:
The SIP has been amended to incorporate changes that improves clarity and provides a better understanding of how SIP provisions are to be applied in permits. The changes also reduce inconsistencies in permits written by different Regional Water Boards.
NOTE
Authority cited: Section 13140, Water Code. Reference: Sections 13142 and 13143, Water Code.
HISTORY
1. Renumbering of former section 2917 to section 2914.5 filed 4-10-2006; operative 4-10-2006 pursuant to Government Code section 11353 (Register 2006, No. 15).
§2915. Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program.
History
On May 20, 2004, the State Water Resources Control Board (SWRCB) adopted Resolution No 2004-0030, adopting the Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program (NPS Implementation Policy) in accordance with California Water Code section 13369.
A nonpoint source (NPS) pollution control implementation program is a program developed to comply with SWRCB or RWQCB waste discharge requirements (WDRs), waivers of WDRs, or basin plan prohibitions. The policy provides a framework for developing NPS pollution control programs throughout the state. NPS pollution control programs may be developed by the SWRCB, a RWQCB or a third-party entity. The policy defines “third-party entities” as entities that are not actual dischargers under RWQCB/SWRCB permitting authority.
All NPS pollution control programs endorsed or approved by a RWQCB as sufficient to meet RWQCB obligations to protect water quality are required, at a minimum, to meet the requirements of the following key elements, thus providing consistent program requirements throughout the state.
1. A NPS control implementation program's purpose must be explicitly stated, and must be designed to achieve and maintain water quality objectives and beneficial uses, including any applicable antidegradation requirements.
2. The NPS program shall include a description of the management practices to be implemented and the process to ensure and verify proper implementation.
3. Where a RWQCB determines time is necessary to achieve water quality requirements, a time schedule and corresponding quantifiable milestones to measure progress are required.
4. Feedback mechanisms must be included in the implementation program so that the RWQCB, dischargers and the public can determine whether the program is achieving its stated purpose(s), or if additional or other actions are required.
5. In addition, each RWQCB shall make clear, in advance, the potential consequences for failure to achieve a program's stated purposes and make clear that any enforcement action that needs to be taken will be taken against individual dischargers, not the third parties.
Investigation, identification, and enforcement of NPS discharger noncompliance with State water quality control laws, regulations, policies and plans shall be consistent with the requirements of the State Water Resources Control Board Water Quality Enforcement Policy (Title 23, California Code of Regulations section 2910).
HISTORY
1. New section summarizing “Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program,” Resolution No. 2004-0030 adopted 5-20-2004 by the State Water Resources Control Board; approved by OAL and effective 8-26-2004 pursuant to Government Code section 11353; filed 8-26-2004 (Register 2004, No. 35).
§2916. Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List.
History
On September 30, 2004, the State Water Resources Control Board (SWRCB) adopted Resolution No. 2004-0063 adopting the Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List (Policy) in accordance with California Water Code section 13191.3(a).
The Policy describes the process by which SWRCB and the Regional Water Quality Control Boards (RWQCBs) will comply with the listing requirements of section 303(d) of the federal Clean Water Act. The objective of the Policy is to establish a standardized approach for developing California's section 303(d) list in order to achieve the overall goal of achieving water quality standards and maintaining beneficial uses in all of California's surface waters. Total Maximum Daily Loads (TMDLs) will be developed as needed for the waters identified under the provisions of the Policy.
The Policy outlines a weight of evidence approach that provides the decision rules for different kinds of data; an approach for analyzing data statistically; and requirements for data quality, data quantity, and administration of the listing process. Decision rules for listing and delisting are provided for: chemical-specific water quality standards; bacterial water quality standards; health advisories; bioaccumulation of chemicals in aquatic life tissues; nuisance such as trash, odor, and foam; nutrients; water and sediment toxicity; adverse biological response; and degradation of aquatic life populations and communities. The Policy also requires that situation-specific weight of evidence listing or delisting factors be used if available information indicates water quality standards are not attained or attained and the other decision rules do not support listing or delisting. The Policy requires schedules for TMDL development.
The Policy also provides direction related to:
1. The definition of readily available data and information.
2. Administration of the listing process including data solicitation and fact sheet preparation.
3. Interpretation of narrative water quality objectives using numeric evaluation guidelines.
4. Data quality assessments.
5. Data quality assessments including water body specific information, data spatial and temporal representation, aggregation of data by reach/area, quantitation of chemical concentrations, evaluation of data consistent with the expression of water quality objectives or criteria, binomial model statistical evaluation, evaluation of bioassessment data, and evaluation of temperature data.
HISTORY
1. New section summarizing Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List, Resolution No. 2004-0063 adopted 9-30-2004 by the State Water Resources Control Board; approved by OAL and operative 12-13-2004 pursuant to Government Code section 11353; filed 12-13-2004 (Register 2004, No. 51).
§2917. Water Quality Control Policy for Addressing Impaired Waters: Regulatory Structure and Options.
History
Regional Water Quality Control Boards (Regional Water Boards) have wide latitude, numerous options, and some legal constraints that apply when determining how to address impaired waters. Irrespective of whether Clean Water Act section 303(d) requires a Total Maximum Daily Load (TMDL), the process for addressing waters that do not meet applicable standards must be accomplished through existing regulatory tools and mechanisms. This policy outlines those tools and mechanisms, and explains how the federal requirement to establish TMDLs fits within those confines. This policy also establishes a certification process whereby the Regional Water Boards can formally recognize regulatory or nonregulatory actions of other entities as appropriate implementation programs when the Regional Water Boards determine those actions will result in attainment of standards.
HISTORY
1. New section summarizing amendments to the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP), Resolution No. 2005-0019 adopted 2-24-2005 by the State Water Resources Control Board; approved by OAL and operative 5-31-2005 pursuant to Government Code section 11353; filed 5-31-2005 (Register 2005, No. 22.)
2. Renumbering of former section 2917 to section 2914.5 and new section 2917 filed 4-10-2006; operative 4-10-2006 pursuant to Government Code section 11353 (Register 2006, No. 15).
§2918. Policy for Compliance Schedules in National Pollutant Discharge Elimination System (NPDES) Permits.
History
On April 15, 2008, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2008-0025, a statewide Water Quality Control Policy (Policy) that authorizes compliance schedules in NPDES permits that implement Clean Water Act §301(b)(1)(C). The Policy supersedes all existing provisions authorizing NPDES compliance schedules with the exception of: (1) existing compliance schedule provisions in Total Maximum Daily Load (TMDL) implementation plans in Regional Water Quality Control Plans; and (2) the provisions authorizing compliance schedules for California Toxics Rule criteria in the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California. Existing compliance schedules in NPDES permits are generally not required to be modified to comply with the Policy.
A discharger who seeks a compliance schedule must demonstrate to the satisfaction of the applicable Water Board that additional time is needed to implement actions such as designing and constructing facilities or implementing new or significantly expanded programs and securing financing, if necessary, to comply with a more stringent permit limitation specified to implement a new, revised, or newly interpreted water quality objective or criterion in a water quality standard. Any compliance schedule must require compliance as soon as possible. The Policy specifies that, in general, the duration of the compliance schedule may not exceed ten years from the date of adoption, revision, or new interpretation of the applicable water quality standard. However, an extended compliance schedule may be established in a permit for a permit limitation that implements waste load allocations specified in a TMDL.
HISTORY
1. New section filed 6-26-2008 summarizing State Water Resources Control Board Resolution No. 2008-0025, adopted 4-15-2008; approved by OAL pursuant to Government Code section 11353 on 6-26-2008 (Register 2008, No. 26).
§2919. A Site Specific Exception to the Sources of Drinking Water Policy for Old Alamo Creek.
History
State Water Board Resolution No. 2006-0008 provided a site specific exception to State Water Board Resolution 88-63, Sources of Drinking Water Policy, for Old Alamo Creek in Solano County.
HISTORY
1. New section summarizing amendment to “Sources of Drinking Water” policy, Resolution No. 88-63, filed 4-25-2006; amendment approved by the State Water Resources Control Board Resolution No. 2006-0008 on 2-1-2006; amendment approved by OAL pursuant to Government Code section 11353 on 4-25-2006 (Register 2006, No. 17).
§2920. Policy for Water Quality Control for Recycled Water (Recycled Water Policy).
History
On February 3, 2009, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2009-0011, which adopted the Recycled Water Policy. In adopting the Recycled Water Policy, the State Water Board intended to establish consistent and predictable requirements in order to increase the use of recycled water in California. The regulatory provisions of this policy establish mandates for the use of recycled water; require the development by stakeholders and the adoption by Regional Water Quality Control Boards of regional salt/nutrient management plans; establish requirements for regulating incidental runoff from landscape irrigation with recycled water; establish criteria and procedures for recycled water landscape irrigation projects eligible for streamlined permitting; establish procedures for permitting groundwater recharge projects; establish procedures for implementing State Water Board Resolution No. 68-16, “Statement of Policy with Respect to Maintaining High Quality of Waters in California” for recycled water projects; require the establishment of a scientific advisory panel to advise the State Water Board on regulation of constituents of emerging concern; and establish actions and incentives to promote the use of recycled water.
HISTORY
1. New section filed 5-14-2009 summarizing State Water Resources Control Board Resolution No. 2009-011, adopted February 3, 2009; approved by OAL pursuant to Government Code section 11353 on 5-14-2009 (Register 2009, No. 20).
§2921. Water Quality Control Policy for Maintaining Instream Flows in Northern California Coastal Streams.
History
On May 4, 2010, the State Water Resources Control Board adopted Resolution No. 2010-0021, adopting the Water Quality Control Policy for Maintaining Instream Flows in Northern California Coastal Streams (North Coast Instream Flow Policy) in accordance with California Water Code section 1259.4.
The North Coast Instream Flow Policy establishes principles and guidelines for maintaining instream flows for the protection of fishery resources, while minimizing water supply impacts on other beneficial uses of water, such as irrigation, municipal use, and domestic use. The geographic scope of the North Coast Instream Flow Policy encompasses coastal streams from the Mattole River to San Francisco and coastal streams entering northern San Pablo Bay, and extends to five counties: Marin, Sonoma, and portions of Napa, Mendocino, and Humboldt Counties. The North Coast Instream Flow Policy applies to applications to appropriate water, small domestic use and livestock stockpond registrations, and water right petitions.
The North Coast Instream Flow Policy does not establish specific instream flow requirements for particular rivers or streams. Nor does the North Coast Instream Flow Policy approve any particular water diversion projects, or specify the terms and conditions that will be incorporated into water right permits, licenses, or registrations. Instead, the North Coast Instream Flow Policy establishes guidelines for evaluating the potential impacts of water diversion projects on stream hydrology and biological resources. The North Coast Instream Flow Policy includes principles to ensure that new water appropriations and changes to existing water right permits and licenses will not affect the instream flows needed for fish spawning, migration and rearing, or the flows needed to maintain natural flow variability, which protects the various biological functions that are dependent on that variability. The North Coast Instream Flow Policy also contains principles to ensure that migration paths to spawning and rearing habitats are not blocked.
The North Coast Instream Flow Policy includes the following elements:
• Measures designed to be protective of fishery resources throughout the policy area, including a season during which diversions may occur, a formula for establishing minimum bypass flows past a diversion, and limits on the maximum cumulative water diversion rate in a watershed.
• Guidance for site-specific studies to evaluate whether alternative measures would be protective of fishery resources.
• Guidance regarding the analysis of water availability required in order for the State Water Board to determine whether unappropriated water is available to supply a proposed water diversion project. (See Wat. Code, §1375, subd. (d).) The guidance includes procedures for evaluating whether a proposed water diversion, in combination with existing diversions in a watershed, may affect instream flows needed for the protection of fishery resources.
• Limits on the construction of new onstream dams and measures to ensure that approvals of onstream dams do not adversely affect habitat needs of fishery resources.
• Review procedures for pending water right applications and petitions.
• Options for watershed-based approaches that allow cost sharing among diverters to evaluate environmental impacts of diversions on a watershed basis rather than individually, and to allow coordination of diversions.
• Water right enforcement provisions, including compliance assurance provisions, criteria for establishing enforcement priorities, factors to consider in setting administrative civil liability amounts, and descriptions of enforcement actions that could be taken.
• Provisions for case-by-case exceptions from policy provisions.
• Provisions for monitoring and reporting of diversions and streamflows, and policy effectiveness review.
HISTORY
1. New section filed 9-22-2010 summarizing State Water Control Board Resolution No. 2010-0021, adopted 5-4-2010; approved by OAL pursuant to Government Code section 11353 on 9-22-2010 (Register 2010, No. 39).
§2922. Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling.
History
(a) On May 4, 2010, the State Water Resources Control Board (State Water Board) adopted a statewide policy (Policy) on the use of Coastal and estuarine waters for power plant cooling under Resolution No. 2010-0020. The Policy establishes uniform, technology-based standards to implement federal Clean Water Act section 316(b), which requires that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.
The Policy applies to 19 existing power plants, including two nuclear plants. An owner or operator of an existing power plant must reduce the intake flow rate at each unit, at a minimum, to a level commensurate with that which can be attained by a closed-cycle wet cooling system (a minimum 93% reduction compared to the design intake flow rate). Additionally, the through-screen intake velocity must not exceed 0.5 foot per second.
If the owner or operator can demonstrate that this is not feasible, the owner or operator may comply by reducing environmental impacts for the facility comparably through other means, using operational or structural controls, or both. Previous technology-based improvements, specifically designed to reduce impacts or resulting from the replacement of steam turbine power-generating units with combined-cycle power-generating units, may be counted towards meeting the alternate requirements. Monitoring requirements are dependent upon the type of control technology chosen for compliance.
No later than one year after the effective date of this Policy, all facilities must install large organism exclusion devices and cease intake flows if not engaging in power-generating activities or critical system maintenance. The owner or operator must further mitigate any interim impacts from five years after the effective date until final compliance is achieved.
The Policy employs an adaptive management strategy that will be implemented through National Pollutant Discharge Elimination System permits. The State Water Board will convene a Statewide Advisory Committee on Cooling Water Intake Structures (SACCWIS) with representatives from relevant state agencies and the California Independent System Operator to review plans and schedules submitted by dischargers and to ensure that the implementation schedule is realistic and will not jeopardize the reliability of the electric system. SACCWIS will present its recommendations to the State Water Board at least annually, and the State Water Board will amend the Policy as appropriate based on these recommendations. The schedule may also be temporarily suspended, if necessary for grid reliability purposes.
The Policy requires special studies for the nuclear-fueled power plants to address their unique issues and to evaluate appropriate requirements for those plants. The special studies shall be conducted by an independent third party overseen by a Review Committee. Within three years after the Policy's effective date, the Review Committee shall report to the State Water Board on the ability of these plants to achieve compliance, the cost of compliance, and potential environmental impacts of compliance.
(b) Based on review of the Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling (Policy), the State Water Board adopted an amendment to this Policy under State Water Board Resolution No. 2011-0033 on July 19, 2011 that revised the Policy by adding a new Section 2.C.(4) and amending existing Section 3.E. (Table 1. Implementation Schedule).
New Section 2.C.(4) of the Policy imposes special requirements for specified fossil-fueled power plants that request a compliance plan that extends beyond December 31, 2022 that are approved by the State Water Board. The owners or operators of these facilities must:
• Commit to eliminate seawater use for cooling water purposes for all units at the facility;
• Conduct a study or studies, singularly or jointly with other facilities, to evaluate new technologies or improve existing technologies to reduce impingement and entrainment;
• Submit the results of the study and a proposal to minimize entrainment and impingement to the Chief Deputy Director of the State Water Board no later than December 31, 2015;
• Upon approval of the proposal by the Chief Deputy Director, complete implementation of the proposal no later than December 31, 2020.
Section 3.E. of the Policy was amended by changing compliance deadlines for the Los Angeles Department of Water and Power's three affected power plants: the Harbor, Haynes and Scattergood Generating Stations. The compliance date for Harbor Generating Station Unit 5 was extended from December 31, 2015 to December 31, 2029. Compliance dates for Scattergood Generating Station was changed from December 31, 2020 for all units to December 31, 2024 for Units 1 and 2, and to December 31, 2015 for Unit 3. Compliance dates for Haynes Generating Station was changed from December 31, 2019 for all units to December 31, 2013 for Units 5 and 6 and to December 31, 2029 for Units 1, 2, and 8.
HISTORY
1. New section filed 9-27-2010 summarizing State Water Resources Control Board Resolution No. 2010-0020, adopted 5-4-2010; approved by OAL on 9-27-2010 pursuant to Government Code section 11353; operative 9-27-2010 (Register 2010, No. 40).
2. Amendment filed 3-12-2012 designating first paragraph as subsection (a) and adopting subsection (b) summarizing State Water Resources Control Board Resolution No. 2011-0033, adopted 7-19-2011; approved by OAL on 3-12-2012 pursuant to Government Code section 11353; operative 3-12-2012 (Register 2012, No. 11).
§2923. Low-Threat Underground Storage Tank Case Closure Policy.
History
On May 1, 2012, the State Water Resources Control Board (State Water Board) adopted the Low-Threat Underground Storage Tank Case Closure Policy (Policy), which is a statewide policy on the closure of leaking petroleum underground storage tank (UST) sites in California. See State Water Board Resolution No. 2012-0016. The Policy applies to petroleum UST sites subject to Chapter 6.7 of the Health and Safety Code. The Policy establishes both general and media-specific criteria. If both the general and applicable media-specific criteria are satisfied, then the leaking UST case is generally considered to present a low threat to human health, safety and the environment. The Policy recognizes, however, that even if all of the specified criteria in the Policy are met, there may be unique attributes of the case or site-specific conditions that increase the risk associated with the residual petroleum constituents. In these cases, the regulatory agency overseeing corrective action at the site must identify the conditions that make case closure under the Policy inappropriate.
Under existing policy, regulatory agencies consider site-specific conditions when determining if the level of corrective action ensures the protection of human health, safety and the environment pursuant to Health and Safety Code section 25296.10, subdivision (g). With the knowledge and experience gained over the last 25 years of investigating and remediating petroleum UST releases, site conditions and characteristics have been identified that, if met, will generally ensure the protection of human health, safety and the environment. This Policy identifies those standardized criteria. The Policy is necessary to establish consistent, statewide case closure criteria for low-threat petroleum UST sites in California.
General Criteria
General criteria that must be satisfied by all candidate sites are listed as follows:
a. The unauthorized release is located within the service area of a public water system;
b. The unauthorized release consists only of petroleum;
c. The unauthorized (“primary”) release from the UST system has been stopped;
d. Free product has been removed to the maximum extent practicable;
e. A conceptual site model that assesses the nature, extent, and mobility of the release has been developed;
f. Secondary source has been removed to the extent practicable; and
g. Soil or groundwater has been tested for MTBE and results reported in accordance with Health and Safety Code section 25296.15.
If all the general criteria are satisfied, the site must meet applicable, media-specific criteria in order to be closed under the policy. The exposure scenarios related to petroleum releases have been combined into three media-specific criteria: Groundwater, vapor intrusion to indoor air, and direct contact and outdoor air exposure.
Media Specific Criteria:
a. Groundwater: To satisfy the groundwater criteria, the contaminant plume that exceeds water quality objectives must be stable or decreasing in areal extent, which means a plume where a contaminant mass has expanded to its maximum extent: the distance from the release where attenuation exceeds migration. In addition, the site must meet all of the specified criteria of at least one of the five classes of sites listed on page 6 of the Policy. The Policy also addresses sites where petroleum-contaminated soil threatens to impact groundwater. Sites with soil that does not contain sufficient mobile constituents to cause groundwater to exceed the groundwater criteria in the Policy shall also be considered low threat for the groundwater medium.
b. Vapor Intrusion to Indoor Air: The vapor-intrusion criterion applies to petroleum release sites when existing buildings are occupied or are reasonably expected to be occupied or where buildings for human occupancy are reasonably expected to be constructed in the near future. If one of the three specified tests under Section 2 “Petroleum Vapor Intrusion to Indoor Air” is satisfied, then the site satisfies the media-specific criteria. Appendices 1 through 4 illustrate four potential exposure scenarios and describe characteristics associated with each scenario. For sites using test 2a, conditions at the release site conditions must satisfy all of the characteristics and criteria of scenarios/Appendices 1 through 3, or all of the characteristics of scenario/Appendix 4.
The Policy contains an exception to the media-specific criteria for vapor intrusion to indoor air for active commercial petroleum fueling facilities.
c. Direct Contact and Outdoor Air Exposure: The Policy describes conditions where direct contact with petroleum-contaminated soil or inhalation of petroleum volatized to outdoor air poses an insignificant threat to human health. If one of the three tests identified under Section 3 is satisfied, the media-specific criterion for direct contact is satisfied. For test 3a, the requirements in Table 1 must be satisfied.
The Policy requires regulatory agencies, annually or at the request of a responsible party, to conduct a review to determine if site meets the criteria in the Policy. The Policy also contains notification requirements, as well as requirements to destroy monitoring wells and remove waste debris, before the regulatory agency issues the uniform closure letter described in section 25296.10 of the Health and Safety Code.
HISTORY
1. New section filed 7-30-2012 summarizing State Water Resources Control Board Resolution No. 2012-0016, adopted 5-1-2012; approved by OAL on 7-30-2012 pursuant to Government Code section 11353; operative 7-30-2012 (Register 2012, No. 31).
Chapter 23. Water Quality Control Plans
§3000. Inland Surface Waters, Amendments. [Repealed]
Note • History
NOTE
Authority cited: Sections 1058 and 13170, Water Code. Reference: Sections 13160, 13170, 13241, 13242, 13370 and 13372, Water Code.
HISTORY
1. Plan as amended filed 5-19-93 with the Secretary of State; Inland Surface Waters Plan as adopted April 11, 1991, submitted for filing and publication, but not review by OAL, pursuant to Government Code Sections 11343.8 and 11353; amendment of Table 1, Table 2, Table 3, Chapter III B., Chapter III D., Chapter III E., Table 5, Chapter III G., Table 6, Table 7, Chapter III J., Chapter III K., Chapter III L., Chapter III M. and Appendix 1 approved by OAL and effective 5-18-93, pursuant to Government Code section 11353 (Register 93, No. 21).
2. Depublication of Inland Surface Waters Plan as filed 5-19-93, and publication instead of a summary of the amendments approved by OAL 5-18-93 to Inland Surface Waters Plan, filed with the Secretary of State 9-16-93 (Register 93, No. 38).
3. Change without regulatory effect repealing section filed 11-2-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 44).
§3001. Enclosed Bays and Estuaries. Amendments. [Repealed]
Note • History
NOTE
Authority cited: Sections 1058, 13170 and 13391, Water Code. Reference: Sections 13160, 13170, 13241, 13242, 13370, 13372 and 13391, Water Code.
HISTORY
1. Plan as amended filed 5-19-93 with the Secretary of State; Enclosed Bays and Estuaries Plan as adopted April 11, 1991, submitted for filing and publication, but not review by OAL, pursuant to Government Code Sections 11343.8 and 11353; amendment of Table 1, Table 2, Table 3, Chapter III B., Chapter III D., Chapter III E., Table 5, Chapter III G., Table 6, Table 7, Chapter III J., Chapter III K., Chapter III L., Chapter III M. and Appendix 1 approved by OAL and effective 5-18-93, pursuant to Government Code section 11353 (Register 93, No. 21).
2. Depublication of Enclosed Bays and Estuaries Plan as filed 5-19-93, and publication instead of a summary of the amendments approved by OAL 5-18-93 to Enclosed Bays and Estuaries Plan, filed with the Secretary of State 9-16-93 (Register 93, No. 38).
3. Change without regulatory effect repealing section filed 11-2-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 44).
§3002. Clear and Concise Summary of Revised Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.
History
On December 13, 2006 the State Water Resources Control Board (State Water Board) adopted Resolution No. 2006-0098, entitled Adoption of the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (2006 Bay-Delta Plan). The 2006 Bay-Delta Plan supersedes the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary adopted May 1995 (1995 Plan), the Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta adopted May 1991 (1991 Plan) and the Water Quality Control Plan for the Sacramento-San Joaquin Delta and Suisun Marsh adopted August 1978 (1978 Plan).
(a) The introductory chapter was revised, summarized, and reorganized. A new section D was added describing emerging water quality issues. The State Water Board is committed to further examining the following issues:
(1) Pelagic Organism Decline.
(2) Climate Change.
(3) Delta and Central Valley Salinity.
(4) San Joaquin River Flows.
(b) Beneficial uses established in the 1995 Plan remain unchanged in the 2006 Bay-Delta Plan.
(c) Water Quality Objectives for Municipal and Industrial uses, Agricultural uses and Fish and Wildlife beneficial uses remain unchanged. No new water quality objectives were adopted in the 2006 Bay-Delta Plan. Water quality objective footnotes containing implementation dates have been moved to the program of Implementation or, if obsolete have been deleted. The fish and wildlife water quality objective footnotes in Table 3 have been edited for clarification and to use the same terminology as the corresponding footnotes in Water Right Decision 1641 (D-1641), which implements the flow-dependent fish and wildlife objectives.
(d) Implementation Measures.
(1) Measures within the State Water Board Authority: This section was expanded to include specific implementation measures, many of which are implemented through permit and license terms adopted in D-1641. This section adds a staged implementation of the April 15 through May 15 San Joaquin River pulse flow objectives to allow for scientific experimentation.
(2) Measures requiring a Combination of State Water Board Authorities and Actions by Other Agencies: This section was revised to update the State Water Board's recommendations to other agencies on their programs to achieve water quality objectives.
(3) Recommendations to Other Agencies: This section has been updated to address new developments since the release of the 1995 Plan.
(4) Monitoring and Special Studies Program: This section was updated to make changes to the Water Quality Compliance and Baseline Monitoring Program. The addition and deletion of stations as well as any other changes were made as proposed by the California Department of Water Resources.
HISTORY
1. Summary of regulatory provisions filed 7-17-95. Regulatory provisions approved by OAL, plan effective 7-17-95 pursuant to Government Code section 11353 (Register 95, No. 29).
2. Repealer and new section containing concise summary of amendments to the water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, Resolution No. 2006-0098, filed 6-27-2007; new section approved by the State Water Resources Control Board 12-13-2006; approved by OAL and operative 6-27-2007 pursuant to Government Code section 11353 (Register 2007, No. 26).
§3003. Amendments to the Water Quality Control Plan for Ocean Waters of California, the “California Ocean Plan.”
Note • History
On March 30, 1997, the State Water Resources Control Board (SWRCB) adopted Resolution No. 97-026 amending the 1990 California Ocean Plan (Ocean Plan). The amendment:
• revises the current list of critical life stage protocols used in testing the toxicity of waste discharges,
• makes minor changes in terminology to make the Ocean Plan easier to understand and implement, and
• substitutes some of the units of measurement in Table B so that all the water quality objectives in the table are in both decimal and scientific units.
NOTE
Authority cited: Section 13170.2, Water Code. Reference: Section 13170.2, Water Code.
HISTORY
1. New section containing concise summary of amendments to the California Ocean Plan filed 7-23-97; operative 7-23-97 pursuant to Government Code section 11353 (Register 97, No. 30).
§3004. Clear and Concise Summary of Amendments to the California Ocean Plan Adopted by the State Water Resources Control Board on November 16, 2000.
History
The State Water Resources Control Board (SWRCB) adopted Resolution No. 2000-108 on November 16, 2000 amending the California Ocean Plan (Ocean Plan) as follows.
1. Replacement of the Acute Toxicity Effluent Limitation in Table A with an Acute Toxicity Water Quality Objective. This revision replaces an effluent limitation achievable by a well-run sewage treatment plant in 1970 with a water quality objective for protection of marine aquatic life. The amendment also establishes a mixing zone for acute toxicity.
2. Revision of Water Quality Objectives for the Protection of Human Health in Table B. Revised water quality objectives are adopted for 12 compounds. The revised water quality objectives are calculated using Cal/EPA-recommended cancer potency factors and a California-specific fish consumption rate.
3. Addition of Provisions for Compliance Determination for Chemical Objectives: The compliance determination section of the Ocean Plan is revised to incorporate the Minimum Level concept. Minimum Levels for statewide application are added as an appendix to the Ocean Plan.
4. Revisions of the Format of the California Ocean Plan: The format of the Ocean Plan is revised making it consistent with that of other water quality control plans as described in Section 13050(j) of the California Water Code.
5. Addition of Procedures for Nomination and Designation of Areas of Special Biological Significance (ASBS): Procedures for nomination and designation of Areas of Special Biological Significance are incorporated into the Ocean Plan. The adopted procedures are added as Appendix IV of the Ocean Plan. A list of adopted ASBS is added as Appendix V of the Ocean Plan.
6. Administrative Changes in the California Ocean Plan: Administrative clean up of the Ocean Plan includes:
a. a definition of references used for specific governmental agencies,
b. a change in the definition of dredged materials,
c. a description of the relationship of the Ocean Plan to other State plans and policies,
d. a change in the reference to the water quality objective for radioactivity,
e. a change of references that lists test methods for total and fecal bacteria and for acute toxicity
f. a change in a subtitle in Appendix II.
g. a change of the Ocean Plan effective date to reflect that it will not be in effect until approved by the U.S. EPA.
HISTORY
1. New section containing concise summary of amendments to the California Ocean Plan filed 7-9-2001; operative 6-13-2001 pursuant to Government Code section 11349.3(a) (Register 2001, No. 28).
§3005. Clear and Concise Summary of Amendments to the California Ocean Plan Adopted by the State Water Resources Control Board on January 20, 2005 and April 21, 2005 and September 15, 2009.
History
(a) The State Water Resources Control Board (State Water Board) adopted Resolution No. 2005-0013 on January 20, 2005 and Resolution No. 2005-0035 on April 21, 2005, amending the California Ocean Plan (Ocean Plan) as follows:
(1) Choice of Indicator Organisms for Water-Contact Bacterial Standards. Add an enterococcus geometric mean and single sample maximum (SSM) water-contact standard. If a single sample exceeds any of the SSM standards, repeat sampling at that location will be conducted within 24 hours of receiving analytical results and continued until the sample result is less than the SSM standard, or until a sanitary survey is conducted to determine the source. Required monitoring for total coliform at offshore stations. Added a statement that it is State policy that the geometric mean is strongly preferred for use in water body assessment decisions. The use of only the SSM value is generally inappropriate, except under appropriate circumstances.
(2) Reasonable potential: Determining when Ocean Plan Water Quality-based Effluent Limitations are Required. Removed existing language that allows dischargers to certify that Table B pollutants are not present in their effluent in lieu of monitoring, and added general “reasonable potential” language to Chapter III (Program of Implementation) of the Ocean Plan. Additional reasonable potential procedures were added in the new Appendix VI of the Ocean Plan.
(3) Classification of Areas of Special Biological Significance (ASBS) as State Water Quality Protection Areas (SWQPAs), rename certain ASBS to coincide with name changes corresponding to Marine Managed Areas, and clarification that all exceptions are subject to Triennial Review. Changed the names of specific ASBS and incorporated the classification of ASBS as SWQPAs according to the Public Resources Code. In addition, amended the Ocean Plan to state that exceptions (including non-ASBS related exceptions) would be reviewed during the Triennial Review and an appendix was added listing all current exceptions to the Ocean Plan.
(b) The amendments of the Water Quality Control Plan for Ocean Waters of California, as adopted September 15, 2009 by the State Water Resources Control Board, modify the regulatory provisions of the previous Water Quality Control Plan as follows:
(1) Clarify that metals are expressed as total recoverable metals;
(2) Remove Section III(F)(1) on compliance schedules, which is outdated and unnecessary, and add Section III(G)(1) on compliance schedules in National Pollution Discharge Elimination System (NPDES) permits;
(3) Correct toxicity definitions and references in Appendix I;
(4) Include maps of California's ocean waters, bays, and estuaries; and
(5) Update the list of exceptions in Appendix VII in order to include:
(A) exceptions for discharges to Area(s) of Special Biological Significance which were approved after the adoption of the 2005 Ocean Plan;
(B) the 1979 conditional exception for untreated wet weather discharges from the City and County of San Francisco's combined storm and wastewater collection system, which was inadvertently omitted from the 2005 Ocean Plan; and
(C) the 1988 exceptions for total chlorine residual for nine coastal power plant discharges, which were also inadvertently omitted from the 2005 Ocean Plan.
HISTORY
1. New section containing concise summary of amendments to the California Ocean Plan approved by OAL 10-12-2005; filed 10-12-2005; operative 10-12-2005 pursuant to Government Code section 11353 (Register 2005, No. 41).
2. Amendment of section heading, designation of first four paragraphs as subsections (a)-(a)(3) and new subsections (b)-(b)(5)(C) summarizing amendments to the California Ocean Plan filed 3-10-2010; amendment approved by the State Water Resources Control Board Resolution No. 2009-0072 on 9-15-2009; amendment approved by OAL pursuant to Government Code section 11353 on 3-10-2010 (Register 2010, No. 11).
§3006. Clear and Concise Summary of Part 1 of the Water Quality Control Plan for Enclosed Bays and Estuaries of California Adopted by the State Water Resources Control Board on September 16, 2008 and Amended on April 6, 2011.
History
On September 16, 2008, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2008-0070 approving Part 1 of the Water Quality Control Plan for Enclosed Bays and Estuaries of California (Part 1). Part 1 was amended by the State Water Board on April 6, 2011 (Resolution No. 2011-0017).
(a) As adopted on September 16, 2008, Part 1 includes two narrative sediment quality objectives and a program to implement the narrative objectives. The narrative objectives protect:
• Benthic communities for direct exposure to pollutants in sediment, and
• Human health from contaminants in fish tissue that bioaccumulate from the sediment up the food web
Part 1 describes how to interpret the narrative objectives and how to assess whether the narrative objectives have been attained. The program of implementation addresses:
• Stressor identification studies
• Monitoring ambient sediment quality
• Use of the sediment quality objectives as receiving water limits in Waste Discharge Requirements/National Pollutant Discharge Elimination System Permits
• Exceedance of receiving water limits
• Applicability of the sediment quality objectives to dredging activities
• Applicability of State Water Board Resolution No. 92-49 for cleanup actions and cleanup levels, and
• Development of site-specific sediment management guidelines
(b) The amendments to Part 1, as adopted on April 6, 2011, modify the regulatory provisions of the previous Part 1 to include the following:
• A narrative sediment quality objective that protects wildlife and resident finfish from both direct exposure to toxic pollutants in sediment and indirect exposure to pollutants in sediment that bioaccumulate up the food web
• A requirement to utilize ecological risk assessment to implement this narrative
• Additions to the glossary and supersession language to provide additional clarity
HISTORY
1. New section containing concise summary of part 1 of the water quality control plan for bays and estuaries of California filed 1-5-2009; operative 1-5-2009 pursuant to Government Code section 11353 (Register 2009, No. 2).
2. Amendment of section heading, first paragraph and subsection (a) and new subsection (b) summarizing amendment to water quality control plan for enclosed bays and estuaries of California filed 6-8-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0017 on 4-6-2011; amendment approved by OAL pursuant to Government Code section 11353 on 6-8-2011 (Register 2011, No. 23).
Chapter 24. Grant and Loan Programs
Article 1. Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed]
§3410. Scope of Regulations. [Repealed]
Note • History
NOTE
Authority cited: Section 79117, Water Code. Reference: Section 79117, Water Code.
HISTORY
1. New chapter 24, article 1 (sections 3410-3410.5) and section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency language will be repealed by operation of law on the following day. For prior history of chapter 24, articles 1-2, sections 3580-3598, see Register 97, No. 2.
2. New chapter 24, article 1 (sections 3410-3410.5) and section refiled 12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
4. New chapter 24 (article 2, sections 3420-3428) filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3410.1. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 79117, Water Code. Reference: Sections 79111, 79114 and 79117, Water Code.
HISTORY
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-19-2002 as an emergency, including amendment of definition of “cooperating agency”; operative 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
§3410.2. Applications. [Repealed]
Note • History
NOTE
Authority cited: Section 79117, Water Code. Reference: Sections 79114, 79114.3 and 79117, Water Code.
HISTORY
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
§3410.3. Evaluation Criteria. [Repealed]
Note • History
NOTE
Authority cited: Section 79117, Water Code. Reference: Sections 79114 and 79117, Water Code.
HISTORY
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
§3410.4. Selection Process. [Repealed]
Note • History
NOTE
Authority cited: Water Code: Section 79117. Reference: Section 79117, Water Code.
HISTORY
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
§3410.5. Project Implementation. [Repealed]
Note • History
NOTE
Authority cited: Section 79117, Water Code. References: Sections 79114 and 79117, Water Code.
HISTORY
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2004, No. 32).
Article 2. Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program
Note • History
The following definitions shall govern construction of this article:
“Act” means chapter 6.76 (commencing with section 25299.100) of division 20 of the Health and Safety Code.
“Applicant” means a small business that owns or operates a project tank and is applying for a loan or a grant.
“Application” means the information contained in sections 3424 or 3425 which an applicant must provide to the Board when seeking a loan or a grant.
“Board” means the State Water Resources Control Board.
“Borrower” means an applicant whose application for a loan has been approved and who has executed a loan agreement.
“Corrective action” has the same meaning as defined in section 2804 of title 23 of the California Code of Regulations.
“Environmental audit” means an investigation into all variables, including the applicant's operations and compliance with federal, state and local environmental laws, regulations and rulings, which would indicate whether the facility is, or is likely to become, contaminated.
“Financial responsibility” has the same meaning as defined in section 2804 of title 23 of the California Code of Regulations.
“Grant agreement” means a written agreement for a grant made in accordance with this article.
“Local agency” means a local agency authorized pursuant to Health and Safety Code section 25283 to implement chapter 6.7 of division 20 of the Health and Safety Code.
“Loan agreement” means a written agreement for a loan made in accordance with this article.
“Petroleum” has the same meaning as defined in section 2804 of title 23 of the California Code of Regulations.
“Project” means the work an applicant proposes to conduct on a tank by removing, replacing, upgrading, or making other specified improvements to the tank, and/or taking corrective action.
“Project tank” means the tank that is the subject of the project.
“Regional board” means a California Regional Water Quality Control Board.
“RUST program” means the program administered by the Board pursuant to the Act. The RUST program provides grants for specified improvements to petroleum underground storage tanks and provides loans for replacing, removing, upgrading, or performing corrective action related to petroleum underground storage tanks.
“Small business” means a business which complies with all of the following:
(a) The principal office is domiciled in California,
(b) The officers of the business are domiciled in California, and
(c) The business meets either (1) or (2) below:
(1) For grants, the business meets both of the following:
(A) It is a small business as defined in section 632 of title 15 of the United States Code, and in the federal regulations adopted to implement that section as specified in part 121 (commencing with section 121.101) of chapter 1 of title 13 of the Code of Federal Regulations, and
(B) The business employs fewer than 20 full-time and part-time employees.
(2) For loans, the business meets one of the following:
(A) It is a small business as defined in section 632 of title 15 of the United States Code, and in the federal regulations adopted to implement that section as specified in part 121 (commencing with section 121.101) of chapter 1 of title 13 of the Code of Federal Regulations, or
(B) It employs fewer than 500 full-time and part-time employees, is independently owned and operated, and is not dominant in its field of operation.
“Tank” means an “underground storage tank” as defined in section 2804 of title 23 of the California Code of Regulations. “Tank” also includes under-dispenser containment systems, spill containment systems, enhanced monitoring and control systems, and vapor recovery systems and dispensers connected to the underground piping and the underground storage tank.
“Underground storage tank” has the same meaning as defined in section 2804 of title 23 of the California Code of Regulations.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.100, 25299.101, 25299.102, 25299.103, 25299.104, 25299.105 and 25299.106, Health and Safety Code.
HISTORY
1. New article 2 (sections 3420-3428) and section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3421. Grant and Loan Purposes.
Note • History
(a) Grant funds may be used only to pay the costs necessary to comply with the requirements of Health and Safety Code sections 25284.1, 25292.4, or 25292.5.
(b) Loan funds may be used to finance the costs necessary to upgrade, remove, or replace project tanks. Loan funds may also be used for corrective action costs and for costs necessary to comply with applicable local, state, or federal standards, including, but not limited to, any design, construction, monitoring, operation, or maintenance requirements adopted pursuant to Health and Safety Code sections 25284.1 and 25292.4.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.104 and 25299.105, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
Note • History
(a) An applicant shall be eligible for a loan when the Board determines the following:
(1) The applicant is an existing small business which owns or operates one or more project tanks;
(2) No similar financing is available to the applicant. A determination that no similar financing is available shall consist of one of the following:
(A) The Board makes a finding that the applicant is unlikely to obtain financing for the project from private financial institutions, the Hazardous Substance Cleanup Financing Authority, the California Pollution Control Financing Authority, or other government agencies, under terms and conditions substantially similar to those available with a loan; or
(B) The Board locates alternative financing sources for the applicant, and the applicant submits evidence that these financing sources are unwilling to finance the project on terms and conditions substantially similar to those available with a loan;
(3) The applicant has complied with, will comply with, or is exempt from, the financial responsibility requirements specified in section 25299.31 of the Health and Safety Code and implementing regulations;
(4) All tanks owned or operated by applicant are subject to compliance with chapter 6.7 (commencing with section 25280) of division 20 of the Health and Safety Code; and
(5) The applicant demonstrates the ability to repay the loan, and the availability of adequate collateral to secure the loan.
(b) An applicant shall be eligible for a grant if the applicant owns or operates one or more project tanks and meets the requirements set forth in Health and Safety Code section 25299.105.
NOTE
Authority: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102 and 25299.105, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
Note • History
(a) In addition to the loan terms established by Health and Safety Code section 25299.104, each loan agreement shall include the following terms and conditions:
(1) A description of collateral securing the loan and conditions pertaining thereto, as determined by the Board, and agreed to by the applicant,
(2) A provision that the borrower shall pay late charges in the event of a default,
(3) An affirmative covenant by the borrower that it shall continuously comply with any applicable federal, state, or local requirement, including requirements for operating tanks, throughout the term of the loan, and
(4) An agreement that all work funded with loan proceeds shall be performed by a contractor, as defined in section 7026 of the Business and Professions Code, who has been licensed pursuant to section 7065 to 7077 of the Business and Professions Code.
(b) Disbursements shall be in stages, and each stage shall require satisfaction of conditions precedent to disbursement. The stages, and conditions precedent to disbursement for each stage, are as follows:
(1) If the borrower is removing the project tank, disbursement is conditioned on:
(A) An executed contract for removal by a licensed contractor including costs consistent with the project budget contained in the loan agreement, and
(B) A valid tank removal permit issued by the local agency authorizing removal of the project tank.
(2) If the borrower is upgrading the project tank, disbursement is conditioned on:
(A) An executed contract for upgrading the tank by a licensed contractor including costs consistent with the project budget contained in the loan agreement, and
(B) A valid tank removal permit issued by the local agency authorizing removal of the project tank if removal is part of the project.
(3) If the project is tank replacement, disbursement is conditioned on:
(A) An executed contract for removal of the old tank and installation of a new tank by a licensed contractor including costs consistent with the project budget contained in the loan agreement, and
(B) Valid permits issued by the local agency authorizing removal of the old tank and installation of the new tank.
(4) If the project is to take corrective action, disbursement is conditioned on:
(A) An executed contract for corrective action by a licensed contractor including costs consistent with the project budget contained in the loan agreement,
(B) A corrective action plan approved by the local agency or regional board for the project, and
(C) Any federal, state, or local permits required for the project.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Section 25299.104, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3424. Loan Application Content.
Note • History
A completed application for a loan shall consist of the following:
(a) The name, address and telephone number of the applicant, the name and title of applicant's principal contact person, a description of applicant's type of business and the date the applicant's business was established, the federal employer identification number, and the number of full- and part-time workers employed by the business. For any application where a business or individual proposes to guarantee the loan repayment, the application shall include information concerning the proposed guarantors, including current financial statements and tax returns for the previous two years, and a list of information concerning each guarantor, including his or her name, address, phone numbers, employer, and amount of time at current residence and employment;
(b) A list of all tanks located in California and owned or operated by the applicant, including the street address of each tank;
(c) Information indicating whether each tank owned or operated by the applicant is in compliance with federal, state, and local standards and has a current operating permit issued to the owner or operator, or an explanation why a tank which the applicant owns or operates is exempt from the permit requirements of section 25284 of the Health and Safety Code. Evidence of a current permit shall consist of one of the following:
(1) Copy of a current operating permit issued by the local agency; or
(2) Both of the following:
(A) A copy of: (i) a completed operating permit application form signed by an authorized representative of the local agency, (ii) an expired operating permit, or (iii) a permit renewal invoice; and
(B) Evidence that the operating permit fee has been paid for each tank owned or operated by the applicant for the current year, consisting of a canceled check or a receipt from the local agency;
(d) An environmental audit;
(e) A description of any unauthorized releases from any tanks owned or operated by the applicant, including copies of correspondence with the local agency and regional board, and reports made to insurers;
(f) Information regarding the project for which funding is being requested, including:
(1) An explanation of the reasons the project tank is not in compliance with applicable federal, state, or local standards or will not be in compliance with federal, state, or local standards without the project;
(2) A description of the project to be completed including an estimated timetable for completion of the project;
(3) The reasons applicant believes that, upon completion of the project, the project tank will comply with federal, state and local standards;
(4) Project components and cost estimates, including the name and applicable experience of the individual or firm preparing the cost estimates, and copies of any supporting invoices, estimates or contracts; and
(5) Identification of any required federal, state, or local permits necessary to carry out the project;
(g) If the project includes corrective action, the following:
(1) A description, budget and timeline for each segment or activity comprising the corrective action, and the identified source of funding, including the loan, for each segment or activity; and
(2) A copy of the corrective action plan approved by the local agency or regional board;
(h) Information and documents demonstrating that the applicant is able to provide adequate collateral and repay the loan, including applicant's tax returns for the previous two (2) years, current personal and business financial statements, any history of insolvency, status of any tax audits or lawsuits, and the existence and solvency of any guarantors;
(i) Loan amount requested and the term of the loan;
(j) Evidence that the applicant complies with applicable federal or state laws pertaining to financial responsibility. In the alternative, the applicant shall certify that it is exempt from financial responsibility requirements because the only tanks owned or operated by applicant will be removed as part of the project, or that financial responsibility requirements do not currently apply to the tanks, specifying reasons;
(k) Copy of any application filed with any federal, state, or local agency to obtain the permit(s) necessary to carry out the project; and
(l) Any other information or supporting documentation reasonably required by the Board to determine an applicant's eligibility, priority, or the amount of a loan.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102 and 25299.103, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order, including amendment of subsection (c)(2)(A), transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3425. Grant Application Content.
Note • History
A completed application for a grant shall consist of the following:
(a) A description of the applicant's business, including the business' name, telephone number, street address, city, state, zip code, county, federal employer identification number or social security number of the primary owner, and the number of full- and part-time workers employed by the business. A person working fewer than forty (40) hours a week shall be considered a part-time employee. The Board shall provide applicants written notification of the following information: “If a federal employer identification number is unavailable, a social security number is required. Section 25299.106 of the Health and Safety Code authorizes the Board to request this information. Pursuant to the Federal Privacy Act of 1974 (Public Law 93-579), you are hereby notified that it is mandatory to provide your social security number. Failure to provide the requested information will result in denial of the grant application. The social security number will be used by the State solely for the purpose of identifying the recipient of the grant funds. Applicants have the right to inspect records containing personal information maintained by the Board.”;
(b) The names and addresses of each owner and corporate officer of the applicant. If an owner is a corporate entity, list the name and business address of its principal place of business;
(c) The amount of grant funding requested. The minimum amount of grant funding an applicant may apply for is three thousand dollars ($3,000). The maximum amount of grant funding an applicant may apply for is fifty thousand dollars ($50,000);
(d) A description of the project the applicant will finance with the grant, including a list of all tanks to be improved with the funds from this grant, the actions required to comply with Health and Safety Code sections 25284.1, 25292.4, or 25292.5, and a timetable for the completion of the project;
(e) An estimate of the cost of the project, including the name and applicable experience of the individual or firm preparing the estimate, supporting documentation (such as invoices, bids, or contracts), and a list of the materials necessary to complete the project;
(f) A statement indicating that, between January 1, 1997 and the date of the application, the applicant, a family member, or an affiliated entity has owned or operated all tanks included in subdivision (d);
(g) A statement indicating that the facility where the project tank is located sold less than 900,000 gallons of gasoline at retail annually for each of the two years preceding the submission of this application;
(h) A list of all tanks located in California and owned or operated by applicant, other than those listed in subdivision (d);
(i) Evidence of the current operating permit for each tank identified in subdivision (d), consisting of one of the following:
(1) Copy of a current operating permit issued by the local agency; or
(2) Both of the following:
(A) A copy of: (i) a completed operating permit application form signed by an authorized representative of the local agency, (ii) an expired operating permit, or (iii) a permit renewal invoice; and
(B) Evidence that the operating permit fee has been paid for each tank owned or operated by the applicant for the current year, consisting of a canceled check or a receipt from the local agency;
(j) The applicant's most recent Employee Tax Return Form (IRS Form 941 or EDD Form DE-6);
(k) The applicant's most recent California Tax Return (FTB Form 540);
(l) Sales and Use Tax Return Form (BOE-401-GS, rev 60, 4-02) including Schedule G, Fuel Seller's Supplement, submitted by the applicant to the State Board of Equalization during the last eight (8) quarters; and
(m) Any other information or supporting documentation reasonably required by the Board to determine an applicant's eligibility, priority, or the amount of a grant.
NOTE
Authority: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.105, 25299.106 and 25299.107, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order, including amendment of subsection (i)(2)(A), transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3426. Loan Application Process.
Note • History
(a) Upon receipt by the Board of the completed application, the Board shall approve a request for a loan when it finds the following requirements are met:
(1) The applicant meets the conditions of eligibility provided in this chapter,
(2) The applicant has applied for all permits necessary to complete the project,
(3) The business is creditworthy,
(4) Any environmental audit supports, or does not materially adversely affect, the decision to make the loan,
(5) Collateral and the source of repayment are sufficient for the proposed loan, and
(6) Funds are available to meet the funding request.
(b) If any of the conditions and requirements of this section have not been met, the Board shall deny the application and determine what specific actions, if any, the applicant must take to obtain further Board evaluation and review of the application.
(c) If the Board approves the loan, then the Board shall be authorized to enter into a loan agreement which embodies the terms specified in section 3423 and any other items agreed to by the applicant and Board.
(d) If the Board denies the application, the applicant shall have no right to administratively appeal the decision, but may reapply at any time.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102, 25299.103 and 25299.104, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3427. Grant Application Process.
Note • History
(a) Subsequent to the award of a grant, and prior to the payment of the grant award, the applicant shall enter into a grant agreement with the Board.
(b) If the Board denies the application, the applicant shall have no right to administratively appeal the decision, but may reapply at any time.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.105, 25299.106 and 25299.107, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3428. Misrepresentation; Repayment.
Note • History
(a) An applicant that obtains grant or loan funds as a result of a material misrepresentation in the application or another submitted document shall repay to the Board the amount of grant or loan funds paid to the applicant.
(b) Any grant or loan funds paid to the applicant to which applicant is not entitled must be repaid to the Board immediately upon knowledge or notice that such a payment has been made and, in any event, not later than thirty (30) days after a written request for repayment by the Board.
(c) Moneys repaid to the Board pursuant to this section shall be deposited in the Petroleum Underground Storage Tank Financing Account established by Health and Safety Code section 25299.109.
NOTE
Authority cited: Section 25299.108, Health and Safety Code. Reference: Sections 25299.101, 25299.102, 25299.103, 25299.105, 25299.106 and 25299.109, Health and Safety Code.
HISTORY
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
Chapter 25. Clean Water Grant Program [Repealed]
HISTORY
1. New subchapter 13 (articles 1-9, sections 3610-3663, not consecutive) filed 11-2-81; effective thirtieth day thereafter (Register 81, No. 45). See chapter 3, subchapter 7, sections 2100-2137.
2. Change without regulatory effect renumbering chapter heading filed 11-10-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 46).
3. Repealer of chapter 25 (articles 1-9, sections 3610-3663), article 1 (sections 3610-3612), and section filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Chapter 26. Classification of Wastewater Treatment Plants and Operator Certification
Article 1. General Provisions
Note • History
The primary purpose of the Wastewater Treatment Plant Classification, Operator Certification, and Contract Operator Registration Program is to protect public health and the environment by providing for the effective operation of wastewater and water recycling treatment plants through the certification of wastewater treatment plant operators.
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625), Division 7, Water Code.
HISTORY
1. New subchapter 14 (articles 1-6, sections 3670-3705, not consecutive) filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50). For prior history, see chapter 3, subchapter 14 (sections 2450-2485, not consecutive).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
3. Amendment filed 6-24-92; operative 6-24-92 (Register 92, No. 26).
4. Change without regulatory effect renumbering chapter heading filed 11-10-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 46).
5. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3670.1. Certification Requirements for Operation of Wastewater Treatment Plants.
Note • History
No person shall operate a wastewater treatment plant within the meaning of these regulations unless that person has been certified by the division as a wastewater treatment plant operator or operator-in-training at a grade appropriate for the class of plant being operated.
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 9 and Section 13625, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of section heading filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3670.2. Certification Requirement for Operation of Water Recycling Treatment Plants.
Note • History
(a) Except as provided in subsection (b) below, no person shall operate a water recycling treatment plant unless that person has been certified by the division as a wastewater treatment plant operator or operator-in-training at a grade appropriate for the class of plant being operated.
(b) A person certified by the Department of Health Services as a water treatment plant operator may operate a water recycling treatment plant at a grade appropriate for the class of plant operated.
(c) The State Board may refuse to approve use of a certificate issued by the Department of Health Services or suspend or revoke its approval of the use of the certificate if the operator commits any of the prohibited acts described in Article 7 (commencing with section 3710) of Chapter 26 of Division 3 of the California Code of Regulations.
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 9 and Section 13625, Water Code.
HISTORY
1. New section filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
The following definitions shall apply to this chapter:
(a) “Activated sludge treatment” means a wastewater treatment process in which predominantly biodegradeable pollutants in wastewater are adsorbed and/or absorbed by a suspended mass of living aerobic organisms called “activated sludge”. The suspended mass is subsequently separated from the treated wastewater by a sedimentation proces either for further use in the process or for disposal.
(b) “Agency” or “municipality” means any government agency created by federal law or any city, town, county, district, or other government created by or pursuant to state law which owns or operates a wastewater treatment plant. “Agency” also includes any privately-owned organization which owns or operates a wastewater treatment plant regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of division 1 of the Public Utilities Code.
(c) “Appellant” means a person who appeals a decision made by the Office of Operator Certification, Office of Enforcement, or division Chief regarding denial of an application, the results of an examination, or disciplinary action taken.
(d) “Applicant” means a person who files an application for an examination, certification, renewal, or reinstatement as a wastewater treatment plant operator or operator-in-training.
(e) “Basic science courses” means college-level courses in the combined fields of mathematics, physics, chemistry, and biology.
(f) “Biological filtration treatment” (biofiltration) means a wastewater treatment process in which predominantly biodegradable pollutants in wastewater are adsorbed and/or absorbed by masses of living aerobic organisms and which are attached to stationary support media as the wastewater is caused to trickle over the media. Settleable material that may have sloughed from the media surfaces is subsequently separated from the treated wastewater by a sedimentation process for disposal.
(g) “Board” or “State Water Board” as used in this chapter means the five members of the State Water Resources Control Board.
(h) “Chief Plant Operator” means a supervisor who is certified as an operator and who is responsible for the overall operation of a wastewater treatment plant.
(i) “Contract operator” means any person or entity who enters a promissory agreement to operate a wastewater treatment plant.
(j) “Direct supervision” means the oversight and inspection of the work performance of an operator-in-training by the supervisor, without an intervening person, to ensure the safe and proper execution of the duties of the operator-in-training.
(k) “Division” means that unit of the division of the board in which the Office of Operator Certification is located.
(l) “Extended aeration treatment” means a modification of the activated sludge treatment process which utilizes long aeration periods to promote aerobic digestion of the biomass.
(m) “Maintenance” means those activities which will be credited toward operator experience under the certification program. Those activities are limited to the day-to-day servicing, adjustment or regulation of equipment which are performed by an operator and are necessary to maintain reliable operation of major treatment processes.
(n) “Office of Enforcement” means that unit of the Board that is responsible for enforcement of the Operator Certification Program pursuant to Article 7 and Article 10.
(o) “Office of Operator Certification” means that unit of the division which administers the Wastewater Treatment Plant Classification and Operator Certification Program.
(p) “Operates” means the performance of day-to-day activities primarily consisting of the control of any process which may affect the quality of the discharge of a wastewater treatment plant. “Operates” may include performance of day-to-day maintenance work so long as the primary function of the operator is control of the process. “Operates” does not include maintenance functions which are not necessarily for the reliable operation of major treatment processes.
(q) “Operator” means any person operating a wastewater treatment plant and who occupies a position and performs duties for which the Office of Operator Certification requires an operator certificate.
(r) “Operator-in-training” means any person who operates a wastewater treatment plant under the direct supervision of a certified operator while gaining experience to qualify for an operator certificate.
(s) “Pond treatment” means processing in a pond in which biological oxidation of organic matter is effected by natural or artificially accelerated transfer of oxygen to the water.
(t) “Preliminary treatment” means a process or processes to remove or reduce in size solids which could damage equipment or reduce effectiveness of other treatment processes.
(u) “Primary treatment” means a wastewater treatment process that allows those substances in wastewater that readily settle or float to be separated from the water being treated.
(v) “Secondary treatment” means treatment beyond primary treatment to remove colloidal and dissolved organic matter and further remove suspended matter, usually by biological processes such as activated sludge and biological filtration treatment.
(w) “Shift supervisor” means a certified operator who oversees and directs the operation or a phase of operation of a wastewater treatment plant during a specific work period and who reports to a supervisor or a chief plant operator.
(x) “Supervisor” means a certified operator who oversees and directs the operation of a wastewater treatment plant, who inspects the performance of other operators of a wastewater treatment plant, and who reports to the chief plant operator.
(y) “Tertiary treatment” (advanced waste treatment) means treatment beyond secondary treatment, which may include filtration, coagulation and nutrient removal, but excluding disinfection.
(z) “Wastewater treatment plant” means either of the following:
(1) Any facility owned by a state, local, or federal agency and used in the treatment or reclamation of sewage and industrial wastes.
(2) Any privately-owned facility used in the treatment or reclamation of sewage and industrial wastes, and regulated by the Public Utilities Commission pursuant to Sections 216 and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of Division 1, of the Public Utilities Code.
(aa) “Water recycling treatment plant” means a treatment plant that receives and further treats secondary and/or tertiary effluent from a wastewater treatment plant.
NOTE
Authority cited: Section 1058, Water Code. Reference: Chapter 9 (commencing with Section 13625), Division 7, Water Code.
HISTORY
1. Amendment of subsections (i) and (m) filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
2. Amendment filed 6-24-92; operative 6-24-92 (Register 92, No. 26).
3. New subsections (i) and (j) and subsection redesignation filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
4. Amendment of subsections (a), (b), (f), (g), (m), (x), and (y)(2) and new subsection (z) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
5. Change without regulatory effect amending subsection (c), adopting new subsection (n) and relettering subsections filed 2-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).
Article 2. Classification of Wastewater Treatment Plants and Agency Reporting Requirements
§3675. Classification of Wastewater and Water Recycling Treatment Plants.
Note • History
(a) The division shall classify all wastewater treatment plants, including water recycling treatment plants, according to the following criteria:
Class Treatment Process Design Flow (in million gallons
per day)
I Pond All
Primary 1.0 or less
II Primary Greater than 1.0 through 5.0
Biofiltration 1.0 or less
Extended Aeration All
III Primary Greater than 5.0 through 20.0
Biofiltration Greater than 1.0 through 10.0
Activated Sludge 5.0 or less
Tertiary 1.0 or less
IV Primary Greater than 20.0
Biofiltration Greater than 10.0 through 30.0
Activated Sludge Greater than 5.0 through 20.0
Tertiary Greater than 1.0 through 10.0
V Biofiltration Greater than 30.0
Activated Sludge Greater than 20.0
Tertiary Greater than 10.0
(b) Plants may be classified in a group different than indicated in this section if:
(1) they have characteristics which make operation more difficult than the operation of other similar plants of the same flow range; or,
(2) the conditions of flow or the use of the receiving waters require an unusually high degree of plant operational control; or,
(3) they use an approved method of wastewater treatment which is not included in this section.
NOTE
Authority cited: Sections 1058 and 13626, Water Code. Reference: Section 13626, Water Code.
HISTORY
1. Amendment of article heading and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Editorial correction of subsection (b)(2) (Register 98, No. 13).
3. Amendment of section heading and subsections (a) and (b)(1) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3676. Reporting Requirements by Agencies to the Division.
Note • History
(a) Within 30 calendar days after a plant begins operating, each agency shall submit to the division a description of the plant's treatment processes, a design flow of the plant, an organization chart, and job descriptions and duty rosters for plant personnel.
(b) Each agency shall notify the division in writing within 30 calendar days of a change in the employment of the person designated as chief plant operator and any change in the reportable items in subsection (a) above which may affect the classification of the wastewater treatment plant.
(c) Each agency shall notify the division in writing within 30 calendar days of any final disciplinary action resulting in suspension, demotion, or discharge of a certified operator or operator-in-training if the disciplinary action is the result of the operator's commission of any of the acts which are grounds for discipline listed in Section 3710. The notice shall identify the name of the operator or operator-in-training, the specific violations and the disciplinary action taken.
(d) Reports regarding final disciplinary action received from agencies shall be retained in state board files for a period of three years unless the state board takes disciplinary action. If the state board takes disciplinary action, reports submitted by agencies shall remain in state board files for ten years.
NOTE
Authority cited: Sections 1058 and 13626, Water Code. Reference: Section 13626, Water Code.
HISTORY
1. Editorial correction renumbering section 2456 of chapter 3 to section 3676 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Repealer and new section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
4. Amendment of section heading and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Article 3. Grades of Operator Certification for the Operation of Wastewater Treatment Plants
§3680. Grades of Operator Certification.
Note • History
(a) Chief Plant Operators - For all plant classes, each chief plant operator shall possess a valid operator certificate of a grade at least equivalent to the class of plant operated.
(b) Supervisors and Shift Supervisors -
(1) In Class II, III, and IV plants, supervisors and shift supervisors shall possess valid operator certificates no more than one grade lower than the class of plant operated.
(2) In Class V plants, shift supervisors shall possess at least valid Grade III certificates and supervisors shall possess at least Grade IV certificates.
(c) Operators - Each operator shall possess at least a valid Grade I certificate or a valid operator-in-training certificate. In Class IV and V plants, 50 percent of the operators shall possess at least valid Grade II certificates or valid operator-in-training certificates at the Grade II or higher level.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627, Water Code.
HISTORY
1. Editorial correction renumbering section 2460 of chapter 3 to section 3680 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Repealer of Article 3 and section, and new Article 3 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
4. Amendment of subsections (b)-(c) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Article 4. Minimum Qualifications
§3683. Education and Experience Requirements.
Note • History
(a) No person shall be issued a certificate unless that person passes a written examination specified by these regulations and meets the education and experience requirements prescribed by this article.
(b) Persons may apply to take an operator certification examination if:
(1) they have completed the education necessary for the certificate prior to the final filing date for the examination, in accordance with the provisions of subsection (c) of this section; and,
(2) there is sufficient time to gain the experience necessary to qualify for the certificate for which they are applying within four years of June 30 or December 31 (whichever is sooner) following an examination for Grades II, III, IV, and V and within two years of June 30 or December 31 (whichever is sooner) following an examination for Grade I.
(c) Eligibility for certification shall be based on the following qualifications for each grade of wastewater treatment plant operator. Educational points shall be credited pursuant to the provisions of Section 3685.
(1) Grade I:
Education: Six educational points; AND,
Experience: One year of experience performing the functions of a wastewater treatment plant operator.
(2) Grade II:
(A) Education: Graduation from high school or equivalent as specified in Section 3686 and six educational points; AND,
Experience: Two years of experience performing the functions of a wastewater treatment plant operator; OR,
(B) Experience: One and one-half years of experience performing the functions of a wastewater treatment plant operator while certified as a Grade I operator.
(3) Grade III:
(A) Education: An associate degree or completion of 60 semester units at a college or university, either of which includes 15 semester units of basic science courses; AND,
Experience: Two years of experience performing the functions of a wastewater treatment plant operator; OR,
(B) Education: Graduation from high school or equivalent as specified in Section 3686 and 16 educational points; AND,
Experience: Fours years of experience performing the functions of a wastewater treatment plant operator; OR,
(C) Experience: Three years of experience performing the functions of a wastewater treatment plant operator while certified as a Grade II operator.
(4) Grade IV:
(A) Education: A bachelor's degree with a major related to wastewater treatment and which includes a minimum of 30 semester units of basic science courses; AND,
Experience: Two years of experience performing the functions of a wastewater treatment plant operator; OR,
(B) Education: An associate degree or completion of 60 semester units at a college or university, either of which includes 15 semester units of basic science courses; AND,
Experience: Fours years of experience performing the functions of a wastewater treatment plant operator; OR,
(C) Education: Graduation from high school or equivalent as specified in Section 3686 and 32 educational points; AND,
Experience: Six years of experience performing the functions of a wastewater treatment plant operator; OR,
(D) Experience: Fours years of experience performing the functions of a wastewater treatment plant operator while certified as a Grade III operator.
(5) Grade V:
(A) Credential: A valid license as a civil or chemical engineer issued by the California Department of Consumer Affairs, Board of Registration for Professional Engineers and Land Surveyors; AND,
Experience: Four years of experience performing the functions of a wastewater treatment plant operator; OR,
(B) Education: A bachelor's degree with a major related to wastewater treatment and which includes a minimum of 30 semester units of basic science courses; AND,
Experience: Five years of experience performing the functions of a wastewater treatment plant operator; OR,
(C) Education: An associate degree or completion of 60 semester units at a college or university, either of which includes 15 semester units of basic science courses; AND,
Experience: Six years of experience performing the functions of a wastewater treatment plant operator; OR,
(D) Education: Graduation from high school or equivalent as specified in Section 3686 and 48 educational points; AND,
Experience: Ten years of experience performing the functions of a wastewater treatment plant operator; OR,
(E) Experience: Six years of experience performing the functions of a wastewater treatment plant operator while certified as a Grade IV operator.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627, Water Code.
HISTORY
1. New article 4 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of subsection (b), designation and amendment of subsection (b)(1) and designation of subsection (b)(2) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. Amendment of subsections (b)(1), (c)(1), (c)(4)(A)-(C), and (c)(5)(B) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
(a) Applicants may be credited with one year of experience if they have had two or more years of full-time experience in the operation of a water treatment plant regulated by the California Department of Health Services or by a government agency in another state and while in possession of a valid water treatment plant operator certificate, if:
(1) the water treatment plant where the experience was gained uses two or more of the following processes: coagulation, sedimentation, aeration, filtration, oxidation, or disinfection; and,
(2) at the time of their application for certification, they have had one year of full-time experience in the operation of a wastewater treatment plant.
(b) Applicants, who have one year of expereince in the operation of a wastewater treatment plant may substitute 16 educational points for one year of experience. Those educational points used to substitute for experience at one grade may not be used again to substitute for experience at another grade. The substitution may not be made by applicants qualifying under the provisions of Sections 3683(c)(1) and 3683(c)(4)(A).
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13625, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of subsection (b) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
(a) Pursuant to the provisions of this article, applicants may be required to obtain educational points to qualify for certification. Educational points may be earned as follows:
(1) One completed three-unit semester course which is directly related to wastewater treatment and which is part of the curriculum of an accredited college or university is equal to eight educational points. Completed courses which result in more or less than three units or which are quarter units rather than semester units will be credited with educational points on a proportional basis.
(2) All other courses will be assigned educational points at the rate of one educational point per 10 hours of completed classroom instruction. Subjects which are directly related to wastewater treatment shall be assigned full credit for educational points. Subjects which are indirectly related shall be given one half credit.
(3) One Continuing Education Unit which is directly related to wastewater treatment is equal to one educational point.
(b) Applicants may not substitute experience for educational points.
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13625, Water Code.
HISTORY
1. Editorial correction renumbering section 2465 of chapter 3 to section 3685 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Amendment of subsection (a), relettering of former subsection (d) to subsection (e) and new subsection (d) filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
4. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3686. High School Equivalence.
Note • History
High school equivalence may be obtained by substituting six educational points for each uncompleted year of high school through grade 12 or by passing an approved General Educational Development test, or by obtaining a Certificate of Proficiency issued by the State Board of Education in accordance with Section 48412 of the Education Code.
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13627, Water Code.
HISTORY
1. Editorial correction renumbering section 2467 of chapter 3 to section 3686 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
4. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Note • History
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13627, Water Code.
HISTORY
1. Editorial correction renumbering section 2468 of chapter 3 to section 3687 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Repealer and new section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Amendment of subsections (b), (c) and (e) filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
4. Repealer filed 5-21-92; operative 5-21-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 21).
§3688. Issuance and Renewal of Certificates. [Repealed]
Note • History
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
2. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3689. Posting of Certificate. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3690. Reciprocity with Other States. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3691. Certificate Revocation. [Repealed]
Note • History
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13627, Water Code.
HISTORY
1. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692. Protests and Appeals. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. Editorial correction renumbering Section 2474 of chapter 3 to section 3692 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Repealer and new section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
4. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692.1. Limitation on Time for Appeal. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code; and Section 15378, Government Code.
HISTORY
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692.2. Action by Division. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692.3. Petition for Review by State Board. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 7-31-82; effective thirtieth day thereafter (Register 82, No. 31).
2. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692.4. Defective Petitions. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
2. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692.5. Recommendation by Chief of the Division. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3692.6. Action by State Board. [Repealed]
Note • History
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
2. Amendment of subsection (a) and new subsection (d) filed 5-28-86; effective thirtieth day thereafter (Register 86, No. 26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Article 5. Examination and Certification of Wastewater Treatment Plant Operators
§3700. Application for Examination.
Note • History
(a) Content - An application for examination shall contain but not be limited to the following information:
(1) the applicant's full name, mailing address, work telephone number, and date of birth;
(2) information regarding former employment, current operator status, other operator certificates held in California or other states, engineering registrations held, and education and experience gained;
(3) if employed as an operator, the original signature of the chief plant operator, verifying the applicant's experience as an operator;
(4) the applicant's original signature;
(5) copies of college transcripts, grade cards, or certificates of completion for courses related to wastewater treatment to verify completion of education requirements;
(6) any additional information, evidence, statements, or documents to support the application for examination as requested by the division; and,
(7) the application fee and examination fee as prescribed by Article 8.
(b) Submittal - Applications for examination shall be postmarked by the final filing date as specified in this subsection. Applications postmarked after the final filing date shall be held over and processed for the next scheduled examination.
Date of Examination Final Filing Date
April 4, 1998 February 1, 1998
October 3, 1998 August 1, 1998
April 10, 1999 February 1, 1999
October 2, 1999 August 1, 1999
April 1, 2000 February 1, 2000
October 7, 2000 August 1, 2000
April 7, 2001 February 1, 2001
October 6, 2001 August 1, 2001
April 6, 2002 February 1, 1002
October 5, 2002 August 1, 2002
April 5, 2003 February 1, 2003
October 4, 2003 August 1, 2003
April 3, 2004 February 1, 2004
October 2, 2004 August 1, 2004
(c) Division review - The division shall review applications and supporting documents to determine eligibility for examination.
Unless otherwise specified by this chapter, division evaluation of experience gained in California will be based on work performed while employed in a position which requires operator certification in California. Evaluation of experience gained outside California will be based on work performed while employed in a position comparable to one which requires operator certification in California. Division evaluation of experience will be based on the actual work performed by the applicant without respect to job titles assigned by the employing agencies.
(d) Notice - The division shall notify applicants in writing within 30 calendar days of receipt of an application whether it is complete or deficient. If there is a deficiency, the division shall identify the deficiency and inform the applicant in writing of the specific information required.
(e) Deficient applications - Applications which do not contain proof of completion of education requirements and the correct application and examination fees shall be considered deficient applications. Deficient applications shall not be processed for the current examination. The applicant shall be required to reapply to take a subsequent examination.
(f) Processing times - the division's median, minimum, and maximum processing times for applications for examination between September 1989 and September 1991 were:
Median - 30 days
Minimum - 3 days
Maximum - 112 days
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627, 13628 and 13629, Water Code; and Section 15376, Government Code.
HISTORY
1. Repealer and new article 5 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26). For prior history, see Register 86, No. 26.
2. Amendment of subsections (a)(5) and (e) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. Editorial correction of History (Register 94, No. 30).
4. Amendment of subsections (b), (c), (e), and (f) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
(a) Written examinations for each wastewater treatment plant operator grade shall contain questions to determine applicants' knowledge of wastewater treatment plant operation. Mathematical problems related to process control and evaluation will be included. Each higher grade examination will require progressively more detailed knowledge of the subject matter.
(b) Content by grade
(1) Grade I examinations shall contain questions regarding knowledge of basic safety practices and hazards related to the operation of wastewater treatment plants; wastewater constituents including simple and routine sampling and analysis procedures; procedures involved in operating and maintaining preliminary and primary treatment facilities including sludge digestion and disinfection; specifics regarding the operation of stabilization ponds; and state regulations regarding the classification of wastewater treatment plants and operator certification.
(2) Grade II examinations shall contain questions regarding knowledge of those components of the Grade I examination as prescribed in (1) above; commonly used processes for preliminary, primary, and secondary treatment including disinfection, sludge handling, and digestion; routine sampling and analysis procedures for evaluation of process and overall plant performance; and basic supervision responsibilities.
(3) Grade III examinations shall contain questions regarding knowledge of those components of the Grade I and II examinations as prescribed in (1) and (2) above; limitations, controls, and performance calculations for primary and secondary treatment and sludge-handling processes; basic principles of tertiary treatment processes; state regulations regarding water recycling; and public health issues.
(4) Grade IV examinations shall contain questions regarding knowledge of those components of the Grade I, II, and III examinations as prescribed in (1), (2), and (3) above; limitations, controls, and performance calculations for tertiary treatment processes; wastewater treatment requirements and practices for water reclamation and reuse; supervision and management responsibilities including energy management, safety program development and control, and operator training and budget development and control.
(5) Grade V examinations shall contain questions regarding knowledge of those components of the Grades I, II, III, and IV examinations as prescribed in (1), (2), (3), and (4) above.
(c) Frequency - A minimum of two examinations shall be given each year.
(d) Dishonest conduct - An applicant who engages in dishonest conduct during an examination shall have his or her examination materials confiscated, shall not have the examination graded, and shall be denied the opportunity to take the next scheduled examination. The application and examination fees paid by the applicant shall not be refunded. The applicant also may be subject to administrative sanctions pursuant to Article 7 and Section 13627 of the Water Code.
(e) Confidentiality of examination questions - Examination questions are confidential. Any person who copies questions or removes all or part of any examination from the examination room or who conveys or exposes all or part of any examination for an unauthorized use may be denied certification pursuant to the provisions of Article 7. The applicant also may be subject to administrative sanctions pursuant to Article 7 and Section 13627 of the Water Code.
(f) Notification of results - Within 90 calendar days after an examination, the division shall notify applicants in writing whether they have passed or failed the examination.
(1) If an applicant fails the examination, he or she may be eligible to take a subsequent examination upon request and upon submitting an application and examination fee prescribed by Article 8. The request for re-examination must be postmarked by the final filing date set forth in Section 3700.
(2) An applicant who passes the examination and who had completed the education and experience requirements before taking the examination shall be instructed in the notice of examination results to remit the applicable certification fee. Within 30 calendar days of receiving the certification fee, the division shall issue the operator certificate.
(3) An applicant who passes the examination before completing the experience requirements shall apply for certification upon completing the requirements in accordance with the provisions of Section 3702.
(g) Expiration of examination results - Examination results are valid for four years from June 30 or December 31 following the examination (whichever date is sooner).
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627, 13628 and 13629, Water Code; and Section 15376, Government Code.
HISTORY
1. Editorial correction renumbering section 2481 of chapter 3 to section 3701 filed 3-25-82; designated effective 1-6-82 pursuant to Government Code section 11346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82, No. 31).
3. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26)
4. Amendment of subsection (b)(3) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3702. Application for Certification.
Note • History
(a) If an applicant is qualified for certification at the time of the examination, and has documented such qualification in the application for examination, no application for certification is required. However, if an applicant must gain experience after the final filing date for the examination before being eligible for certification, an application for certification is required in accordance with the provisions of this section.
(b) An application for certification shall include but not be limited to:
(1) the applicant's full name, mailing address, work telephone number, and date of birth;
(2) all employment, education, and experience information not reported on the application for examination, including current employment and current operator status;
(3) the date when the applicant passed the examination;
(4) information regarding current employment and current operator status;
(5) the applicant's original signature;
(6) if employed at a wastewater treatment plant, the chief plant operator's original signature; AND,
(7) the certification fee prescribed by Article 8.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of subsection (a) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. Amendment of subsection (b)(6) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3702.1. Issuance of Certificates.
Note • History
(a) Operator certificates issued by the division shall contain, but not be limited to the following:
(1) The operator's name and grade;
(2) The certificate number;
(3) The issue date of the certificate;
(4) The State Water Board seal;
(5) The name, “State Water Resources Control Board”; and
(6) The signature of a board member or board member designee.
(b) Upon successful completion of the application and examination process and within 30 calendar days of payment of the certification fee prescribed by Article 8, the board shall issue an operator certificate or operator-in-training certificate.
(c) The issue date of a certificate shall be the date of receipt of an application for examination and certification which meets the requirements of these regulations.
(d) The division may refuse to issue a certificate if it has determined that the applicant has committed any act which is grounds for disciplinary action as specified in section 3710.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code and; Section 15376, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of subsections (a)(2), (4) and (5), new subsection (c) and subsection redesignation filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§3702.2. Application for Certificate Renewal.
Note • History
(a) Renewal dates - Except as specified in Subsection 3709(d), operator certificates are renewable every two years. Certificates issued for applications with a postmark between May 1 and October 31 shall have a renewal date of June 30. Certificates issued for applications with a postmark between November 1 and April 30 shall have a renewal date of December 31.
(b) Division notice - At least 60 calendar days prior to expiration of an operator certificate, the division shall provide written notification of the expiration date to the certificate holder at his or her address of record. Failure to receive a notice of renewal does not relieve the certificate holder from the responsibility of renewing a certificate on or before the expiration date.
(c) Content - An application for renewal shall include, but not be limited to:
(1) the applicant's name, mailing address, grade, certificate number, and classification or title;
(2) if employed by a wastewater treatment plant as an operator, the name, telephone number, and mailing address of the wastewater treatment plant where employed and the name of the supervisor;
(3) the renewal fee prescribed by Article 8.
(d) Submittal - A certificate holder who wishes to renew a certificate shall submit to the division a completed application as specified in subsection (c) of this section. The application shall be postmarked no later than the expiration date on the certificate holder's renewal card.
(e) Division review - Within 15 calendar days of receipt of an application for renewal, the division shall notify the certificate holder if the application is deficient. If there is a deficiency, the division shall inform the certificate holder by telephone or letter of the specific information necessary to complete the application for renewal. Deficiencies will not prevent the Office of Operator Certification from issuing a new certificate if the application and fee are postmarked by the expiration date of the certificate.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of section heading and subsections (c) and (e) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3702.3. Issuance of Renewal Certificate.
Note • History
An operator certificate shall indicate the first expiration date of the certificate. Thereafter, a renewal certificate shall be issued in accordance with the provisions of Section 3702.2 and this section.
(a) Within 30 calendar days of receipt of a completed application for renewal, the division shall issue a renewal certificate or inform the applicant of the reason the card will not be issued.
(b) The renewal certificate shall not be issued until any unpaid fees have been paid.
(c) The division may refuse to renew a certificate if it has determined that the applicant has operated a wastewater treatment plant while the operator certificate was expired or at a grade for which the applicant was not certified or that the applicant has committed any act which is grounds for disciplinary action.
(d) A renewal certificate shall contain, but not be limited to the following:
(1) The certificate holder's name and address;
(2) The certificate number and grade;
(3) The expiration date of the certificate.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment of section heading, first paragraph, and subsections (a), (b) and (d) and new Note filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
(a) An expired operator certificate may be reinstated within one year following the expiration of the certificate, provided the holder of the expired certificate applies for renewal and reinstatement as prescribed by Subsection (b) of this section. A certificate which has been expired for more than one year shall not be reinstated. If the applicant wishes to become certified again, he or she must meet all requirements for an initial operator certificate.
(b) The application for reinstatement shall be considered complete when it includes the renewal and reinstatement fees prescribed by Article 8 and all the information required to renew the certificate as prescribed by Section 3702.2.
(c) The division may refuse to reinstate a certificate if it has determined that the applicant has operated a wastewater treatment plant while his or her certificate was expired or at a grade for which he or she was not certified or has committed any act which is grounds for disciplinary action.
(d) The expiration date of a reinstated certificate shall remain the same as if the certificate had not expired.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Note • History
A certificate which has been lost, stolen, or destroyed may be replaced by the division provided the operator or operator-in-training submits a signed statement explaining the circumstances of the loss, theft or destruction of the certificate. A replacement fee prescribed by Article 8 must be submitted with the signed statement.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Section 13628, Water Code; and Section 15376, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Note • History
Certified operators and operators-in-training shall display their valid certificates with renewal cards attached at the wastewater treatment plant where employed.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3704. Reciprocity with Other States.
Note • History
(a) The division may issue Grades I and II operator certificates by reciprocity in accordance with the procedures set forth in Article 5. No examination or examination fee will be required of persons who hold comparable certifications in other states, provided:
(1) the experience and education requirements of that state are comparable to the division's requirements;
(2) the applicant has passed a written examination within the preceding four years in another state that is comparable to the examination given by the division;
(3) reciprocal privileges are granted by the other state to operators certified by the division;
(4) the applicant completes an application for operator certification and meets the minimum qualifications for certification in California; and,
(5) the applicant pays the application, certification, and reciprocity fees prescribed by Article 8.
(b) The division may refuse to issue an operator's certificate by reciprocity if it has determined that the applicant's certificate to operate a wastewater treatment plant has been revoked or suspended in another state, or if the applicant has been otherwise disciplined in another state for any of the violations set forth in Section 3710.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Note • History
NOTE
Authority cited: Sections 1058 and 13631, Water Code. Reference: Chapter 9 (commencing with Section 13625), Division 7, Water Code.
HISTORY
1. Amendment and repositioning of article 6 heading and repealer of section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Article 6. Operators-in-Training
§3707. Employment of an Operator-in-Training.
Note • History
An agency may employ a person to act in the capacity of any grade of certified operator, provided the person is certified as an operator-in-training, is under the direct supervision of a certified operator of the same or higher grade, and is performing the duties of the grade of operator for which the certificate was issued.
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13635, Water Code.
HISTORY
1. New Article 6 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3708. Application for Operator-in-Training Examination and Certification.
Note • History
(a) Persons may apply for examination and operator-in- training certification in accordance with the procedures set forth in Article 5.
(b) Applicants for Grade I operator-in-training certification may, but are not required to, pass the Grade I examination prior to issuance of the Grade I operator-in-training certificate.
(c) Persons may apply for operator-in-training certification at the Grades II, III, IV, and V levels if they:
(1) meet the minimum education requirements and could meet the minimum experience requirements for the grade for which they are applying as prescribed in Article 4 within four years of June 30 or December 31 following the examination (whichever date is sooner); and,
(2) pass the examination at the grade for which they are applying; and,
(3) make application for examination and operator-in-training certification in accordance with the procedures set forth in Sections 3700, 3701, and 3702 of Article 5; and,
(4) supply the name and telephone number of the supervising operator.
(d) Applications for operator-in-training certification at any grade must be signed by the chief plant operator of the plant where the operator-in-training is to be employed.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627-13629, Water Code; and Section 15376, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3709. Issuance, Renewal, and Replacement of Operator-in-Training Certificates.
Note • History
(a) Operator-in-training certificates shall be issued in the name of the applicant to the mailing address of the employing wastewater treatment plant. Operator-in-training certificates are valid only while the operator is employed at the plant for which the certificate was issued. The expiration date of the operator- in-training certificate shall not exceed the expiration date of the applicant's examination results.
(b) Operator-in-training certificates issued by the division shall contain but not be limited to the following:
(1) The name and grade of the operator-in-training;
(2) The issue date of the certificate; and,
(3) The name of the wastewater treatment plant at which the operator-in-training is to be employed.
(c) Operator-in-training certificates shall be issued, renewed, reinstated, and replaced in accordance with the provisions of Article 5 unless other specified in this article.
(d) Operator-in-training certificates at the Grade I level are valid for up to two years. If the Grade I operator passes the Grade I examination before the expiration of the Grade I operator-in-training certificate, that certificate may be renewed one time for two years. If the Grade I operator-in-training does not pass the Grade I examination before the expiration of the Grade I operator-in-training certificate, the Grade I operator- in-training certificate shall not be renewed. Operator-in- training certificates at the Grades II, III, IV, and V levels are valid for up to two years and may be renewed once pursuant to the provisions of Section 3702.2.
(e) A person certified as an operator-in-training at any grade must complete the education and experience requirements and obtain an operator certificate at that grade or higher before being eligible to apply for an operator-in-training certificate at a higher grade.
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Section 13625, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Article 7. Prohibited Acts, Disciplinary Action, and Appeal Process
§3710. Grounds for Discipline.
Note • History
(a) A certified operator or operator-in-training may be subject to administrative sanctions including reprimand or denial, suspension, probation, or revocation of a certificate pursuant to Section 13627 of the Water Code for performing, or allowing or causing another to perform, any of the following acts:
(1) willfully or negligently violating, causing, or allowing violation of these regulations;
(2) without regard to intent or negligence, operating or allowing the operation of a wastewater treatment plant by a person who is not certified at the grade necessary for the position or whose certificate has expired;
(3) submitting false or misleading information on any document provided to the division including applications for examination, certification, or renewal;
(4) engaging in dishonest conduct during an examination, or violating confidentiality of examination questions;
(5) using fraud or deception in the course of employment as an operator;
(6) failing to use care or good judgment in the course of employment as an operator or failing to apply knowledge or ability in the performance of duties;
(7) willfully or negligently causing or violating or allowing the violation of appropriate waste discharge requirements as prescribed by Article 4 of Chapter 4 of Division 7 of the Water Code, or the violation of Section 402 of the Clean Water Act which contains the provisions of the National Pollutant Discharge Elimination System permit.
(b) A chief plant operator may be subject to disciplinary actions specified in subsection (a) for willfully or negligently failing to ensure that an operator-in-training is directly supervised as required by section 3707.
NOTE
Authority cited: Sections 1058 and 13627, Water Code. Reference: Sections 185, 13260 and 13627, Water Code; and Title IV, 33 USC, Section 1342 (Clean Water Act).
HISTORY
1. New article 7 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Redesignation of first paragraph and subsections (a)-(h) as subsections (a)(1)-(7) and new subsection (b) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. Amendment of subsection (a) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
Applicants or certificate holders may appeal discretionary decisions made by the Office of Operator Certification or Office of Enforcement regarding denial of an application, the results of an examination, or disciplinary action taken. Appeals must be in writing and postmarked within 30 calendar days of receipt of the Office of Operator Certification or Office of Enforcement decision. Appellants must include with their requests, all documents and evidence to be considered by division staff in its review of the appeal.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Change without regulatory effect amending section filed 2-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).
Note • History
After consideration of an appeal and within 30 calendar days of receipt of the appeal, Office of Operator Certification staff or Office of Enforcement staff shall make a recommendation to the division chief. The division chief shall review the evidence and the Office of Operator Certification or Office of Enforcement recommendation and shall make a determination within 30 calendar days of receipt of the recommendation. The determination shall be in writing, labeled as the division chief's determination, and shall inform the appellant that the determination is final and conclusive unless the appellant petitions the board for review in accordance with the provisions of Section 3713.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Change without regulatory effect amending section filed 2-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).
§3713. Petition for Review by Board.
Note • History
(a) An appellant who wishes to appeal the division chief's determination may petition the board for a review. The petition must be in writing and postmarked no later than 30 calendar days after the date of receipt of the determination by the appellant.
(b) A petition for review by the board shall contain:
(1) the name and address of the appellant;
(2) the appellant's argument against the Officer of Operator Certification or Office of Enforcement decision and the division chief's determination;
(3) the specific action which the appellant seeks from the board.
(c) The appellant may make a written request for a hearing for the purpose of presenting evidence not considered by the division or for presenting oral arguments or both. Any request to present evidence not provided to the division must include a statement as to why the evidence was not presented to the division.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
2. Change without regulatory effect amending subsection (b)(2) filed 2-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).
Note • History
Within 30 calendar days of receipt by the board of a petition which does not comply with the provisions of Section 3713, the board shall notify the appellant in writing in what respect the petition is defective and that an amended petition must be postmarked within 30 calendar days of receipt of notice of the deficiency. If a properly amended petition is not postmarked within 30 calendar days, the petition shall be dismissed unless the appellant can show good cause for an extension of time.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Note • History
(a) After consideration of the appellant's petition and the division chief's determination, the board shall:
(1) refuse to consider the petition if it does not meet the requirements of Sections 3713 and 3714; or,
(2) deny the appellant's petition upon a finding that the division chief's determination was proper; or,
(3) set aside or modify the division chief's determination; or,
(4) direct the division to take other appropriate action.
(b) Before taking final action, the board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both, or the board may provide for an informal meeting between the appellant, division staff, and one or more members of the board and other persons as the board deems suitable for the purpose of attempting to resolve the dispute between the appellant and the division.
(c) If a hearing is scheduled, the board shall mail a notice to the appellant indicating the date, time, and place of the hearing and of the issues to be considered. The hearing shall be conducted in a manner deemed most suitable for securing all relevant evidence without unnecessary delay.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
§3716. Appeal of Division Processing Times.
Note • History
(a) The Office of Operator Certification shall process applications for examination and certification within the time limits prescribed by this chapter. Persons whose applications for examination or certification have not been processed within the time limits prescribed by these regulations, may appeal to the board for a refund of fees in accordance with the provisions of Section 3711. If the board finds that the time limits have not been met, and the Office of Operator Certification has not shown good cause why the time limits have not been met, the board shall direct the Office of Operator Certification to reimburse all fees paid by the appellant in connection with the pending application for examination or certification.
(b) The Office of Operator Certification shall have good cause for exceeding the time limits when:
(1) the number of applications to be processed exceeds by 15 percent the number processed in the same calendar quarter of the preceding year.
(2) the Office of Operator Certification must rely on another public or private entity for all or part of the processing and delay is caused by the other entity.
(3) the delay is caused by a delay or omission of the applicant.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 13627 and 13628, Water Code; and Sections 15374-15378, Government Code.
HISTORY
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Article 8. Fees
§3717. Operator and Operator-In-Training Fees.
Note • History
Except as provided by Section 3716, application fees are nonrefundable.
(a) Application fee for certification as an operator-in-training:
Grade I: $ 95
Grade II: 130
Grade III: 170
Grade IV: 190
Grade V: 190
(b) Application fee for an examination:
Grade I: $ 40
Grade II: 50
Grade III: 70
Grade IV: 80
Grade V: 80
(c) Examination fees are:
Grade I: $ 40
Grade II: 50
Grade III: 125
Grade IV: 170
Grade V: 170
(d) Operator certification fees are:
Grade I: $ 95
Grade II: 130
Grade III: 170
Grade IV: 190
Grade V: 190
(e) Operator and operator-in-training certification renewal fees are:
Grade I: $ 95
Grade II: 130
Grade III: 170
Grade IV: 190
Grade V: 190
(f) Reinstatement fee--The reinstatement fee for all grades is $50.
(g) Replacement fee--The fee for replacing a lost, damaged, or destroyed certificate is $20.
(h) Reciprocal fee--In addition to the application and certification fees, applicants for reciprocal certification shall pay a fee of $50 to cover the cost of verifying and evaluating out-of-state experience and reviewing out-of-state examinations.
NOTE
Authority cited: Sections 1058 and 13628, Water Code. Reference: Sections 13627 and 13628, Water Code.
HISTORY
1. New article 8 and section filed 5-21-92; operative 5-21-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 21).
2. Repealer of first paragraph and subsection (a), new subsection (a), amendment of subsection (b), redesignation of subsection (c), redesignation and amendment of subsections (d)-(e), and redesignation of subsections (e)-(g) as subsections (f)-(h) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. New first paragraph and amendment of subsections (b) and (g) filed 3-27-98; operative 4-26-98 (Register 98, No. 13)
4. Amendment of subsections (a)-(e) filed 3-11-2003 as an emergency; operative 3-11-2003 (Register 2003, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-9-2003 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 3-11-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 34).
6. Amendment of subsections (a)-(e) filed 8-21-2003 as an emergency; operative 8-21-2003 (Register 2003, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-2003 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-21-2003 order, including amendment of Note, transmitted to OAL 12-17-2003 and filed 1-26-2004 (Register 2004, No. 5).
Article 9. Advisory Committee
§3718. Advisory Committee Membership and Responsibilities.
Note • History
(a) The advisory committee appointed pursuant to Section 13631 of the Water Code shall consist of nine members. The members of the committee in office on January 1, 1992 shall continue as members of the advisory committee, and their terms shall expire as follows:
1) On June 30, 1992, one representative from a statewide organization representing local sanitation agencies; one representative from a statewide organization representing wastewater treatment plant operators and supervisors; one representative from a university or state college; and, one representative from an organized labor union which represents wastewater treatment plant operators.
2) On June 30, 1994, the remaining five members whose terms are scheduled to expire on June 30, 1993.
(b) Thereafter, all members shall serve for a period of four years at which time they shall be eligible for reappointment.
(c) The committee shall meet when necessary to review all proposed regulations and make recommendations to the board prior to adoption of any regulations or changes therein and approve any course for operator training.
NOTE
Authority cited: Sections 1058 and 13631, Water Code. Reference: Sections 13631, 13632 and 13633, Water Code.
HISTORY
1. New Article 9 and section filed 6-24-92; operative 6-24-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 26).
Article 10. Wastewater Treatment Plant Contract Operators
§3719. Registration Requirement.
Note • History
No person or entity shall enter a contract to operate a wastewater treatment plant unless that person or entity has been registered by the division as a contract operator. The registration authorizes the contract operator to operate one or more wastewater treatment plants. All wastewater treatment plant operators employed by the contract operator must be certified according to the provisions of this chapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New article 10 and section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§3719.10. Term of Registration.
Note • History
Contract operator registrations shall be valid for a period of one year from the date of issue.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§3719.11. Application for Registration.
Note • History
(a) Application Content - An application for registration as a contract operator shall include but not be limited to:
(1) the name, street address, and telephone number of the person or entity contracting to operate the wastewater treatment plant(s);
(2) the name, address, and telephone number, if known, of the wastewater treatment plant(s) to be operated and the duration of each contract;
(3) the name and grade of each wastewater treatment plant operator employed at the plant(s);
(4) the name and grade of the chief plant operator for each wastewater treatment plant to be operated;
(5) the original signature of the person authorized by the contract operator to enter the contract;
(6) the registration fee as prescribed by section 3719.19.
(b) Application submittal - For persons operating wastewater treatment plants on or before the effective date of these regulations, applications for registration shall be postmarked within 60 calendar days after the effective date of the regulations. If a contract to operate a wastewater treatment plant is entered into after the effective date of these regulations and the contract operator is not already registered, the application for registration shall be submitted and the registration issued before contract operations begin.
(c) Division review of application and notice to applicant - The division shall review applications for registration and shall notify applicants in writing within 30 calendar days of receipt whether the application is deficient. If there is a deficiency, the division shall inform the applicant by telephone or letter of the specific information required to complete the application.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Editorial correction of subsection (a)(6) (Register 98, No. 13).
3. Amendment of subsections (b) and (c) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3719.12. Issuance/Content of Certificate of Registration.
Note • History
(a) Content of certificate of registration - The certificate of registration issued by the division shall be in the form of a wall certificate and shall contain, but not be limited to:
(1) the applicant's name, business address, and registration number;
(2) the issue and expiration date of the registration;
(3) the State Water Board seal; AND,
(4) the signature of a State Water Board member or member designee.
(b) Issuance of certificate of registration - Unless otherwise specified in subsection (c), within 30 calendar days of receipt of a complete and approved application for registration, the division shall issue a contract operator certificate of registration. The division shall also issue one wall certificate to the contract operator for each wastewater treatment plan operated. The certificate shall include the name of the wastewater treatment plant to be operated in addition to the items in subsection (a)(1) through (4) above. Certificates are not transferrable.
(c) Refusal to issue a certificate of registration - The division may refuse to issue a certificate of registration if it has determined that the applicant has committed any act which is grounds for disciplinary action as specified in section 3710 of Article 7 or section 3719.17 of this article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3719.13. Renewal of Registration.
Note • History
(a) Division notice of renewal date - At least 60 calendar days prior to the expiration of a contract operator registration, the division shall provide written notification of the expiration date to the registration holder at his or her address of record. Failure to receive a notice of renewal does not relieve the registration holder from the responsibility of renewing a registration on or before the expiration date.
(b) Content of renewal application - An application for renewal of a contract operator registration shall include, but not be limited to:
(1) the name, business address, telephone number, and registration number of the person or entity contracting to operate the wastewater treatment plant(s);
(2) the name, address, and telephone number of all wastewater treatment plants operated and the duration of each contract;
(3) the name and grade of each wastewater treatment plant operator employed at the plant(s);
(4) the name and grade of the chief plant operator for each wastewater treatment plant to be operated;
(5) the original signature of the person authorized by the contract operator to enter the contract; AND,
(6) the renewal fee as prescribed by section 3719.19.
(c) Renewal application submittal - A registration holder who wishes to renew a registration shall submit to the division a completed application as specified in subsection (b). The application for renewal shall be postmarked no later than 30 calendar days before the expiration of the registration. If the application for renewal is postmarked later than 30 calendar days before expiration, the registration holder shall pay a late fee in an amount prescribed by section 3719.19.
(d) Division review of renewal application and notice to applicant - The division shall review the renewal application and shall notify the registration holder within 30 calendar days whether the application is deficient. If there is a deficiency, the division shall inform the registration holder by telephone or letter of the specific information necessary to complete the application for renewal.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3719.14. Issuance/Content of Renewed Certification of Registration.
Note • History
(a) Content of renewed certificate of registration - A renewed contract operator registration shall be in the form of a wall certificate and shall contain, but not be limited to:
(1) the registration holder's name, business address, and registration number;
(2) the original issue date and next expiration date of the registration;
(3) the State Water Board seal;
(4) the signature of a State Water Board member or member designee.
(b) Issuance of renewed certificate of registration - Within 30 calendar days of the receipt of a complete and approved renewal application, the division shall issue a certificate of registration or inform the applicant of the reason the certificate will not be issued. The division shall also issue one wall certificate to the contract operator for each wastewater treatment plant operated. The certificate shall include the name of the wastewater treatment plant operated in addition to the items in subsection (a)(1) through (4) above.
(c) Refusal to renew registration - The registration shall not be renewed until any unpaid fees or fines have been paid. The division may refuse to renew a registration if it has determined that the applicant has operated a wastewater treatment plant while the registration was expired or has committed any act which is grounds for disciplinary action pursuant to section 3710 of Article 7 or section 3719.17 of this article.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3719.15. Replacement of Certificate of Registration.
Note • History
A certificate of registration which has been lost, stolen, or destroyed may be replaced by the division. The replacement fee as prescribed by section 3719.19 must be submitted with a request for replacement.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§3719.16. Posting the Certificate of Registration.
Note • History
A valid, unexpired certificate of registration shall be displayed and clearly visible at each wastewater treatment plant where the registration holder has a contract to provide services.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3719.17. Prohibited Acts and Disciplinary Action.
Note • History
Grounds for discipline - The State Water Board may refuse to grant, or may suspend or revoke, any registration for good cause, including, but not limited to any of the following reasons:
(a) willfully or negligently violating, causing, or allowing the violation of Articles 1 through 10 of Chapter 26;
(b) without regard to intent or negligence, operating or allowing the operation of a wastewater treatment plant by a person who is not certified at the grade necessary for the position or whose certificate has expired;
(c) operating a wastewater treatment plant without a valid and current registration;
(d) submitting false or misleading information on any document provided to the division including applications for registration or registration renewal;
(e) using fraud or deception in the course of contracting to operate a wastewater treatment plant including, but not limited to, submitting false or misleading documents to the owner(s) of the wastewater treatment plant under contract;
(f) failing to use care or good judgment while operating a wastewater treatment plant;
(g) willfully or negligently causing or violating or allowing the violation of appropriate waste discharge requirements as prescribed by Article 4 of Chapter 4 of Division 7 of the Water Code, or the violation of Section 402 of the Clean Water Act which contains the provisions of the National Pollutant Discharge Elimination System permit.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment of first paragraph and subsection (a) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Note • History
Applicants or registration holders may appeal discretionary decisions made by the Office of Operator Certification or Office of Enforcement regarding denial of an application for registration, registration renewal, or disciplinary action taken.
Appeals shall be processed in accordance with the provisions of sections 3712 through 3716 of Article 7.
NOTE
Authority cited: Section 1058, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Change without regulatory effect amending section filed 2-20-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 8).
§3719.19. Wastewater Treatment Plant Contract Operator Registration Fees.
Note • History
Contract operator fees are as follows:
(a) Initial Registration Fee - The initial contract operator registration fee is $100. For each operator employed by the contract operator in California, a fee of $25 shall also be paid by the contract operator up to a maximum of $500 in combined contract operator registration fees and employee registration fees.
(b) Renewal Fee - The annual renewal fee is $100 plus $25 for each person employed by the contract operator in California up to a maximum of $500 in combined contract operator fees and employee registration fees.
(c) Late fee - Each contract operator who fails to have a renewal application postmarked at least 30 days before expiration shall pay a late fee of $50 in addition to the renewal fee.
(d) Replacement Fee - The fee for replacing lost, damaged, or destroyed certificates is $30.
NOTE
Authority cited: Sections 1058 and 13627.2, Water Code. Reference: Section 13627.2, Water Code.
HISTORY
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment of subsections (a) and (d) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Chapter 27. Regulations for Implementation of the Environmental Quality Act of 1970
Article 1. General
Note • History
(a) The purpose of this Chapter is to specify the objectives, criteria and procedures to be followed by the state board and the regional boards in implementing the California Environmental Quality Act. (CEQA). (Pub. Resources Code, div. 13, (commencing with section 21000).)
(b) This Chapter does not apply if the board determines that the activity is not subject to CEQA.
(c)(1) The State CEQA Guidelines (Cal. Code Regs., tit. 14, div. 6, ch. 3 (commencing with section 15000)), including all subsequent amendments thereto, are hereby incorporated by reference as if fully set forth in this Chapter. Except as provided in paragraph (2), to the extent that there are any direct conflicts between this Chapter and the State CEQA Guidelines, the State CEQA Guidelines prevail.
(2) Article 6 of this Chapter contains the exclusive procedural requirements for the implementation of the boards' regulatory programs that have been certified by the Secretary for Natural Resources as meeting the requirements of section 21080.5 of the Public Resources Code.
(d) Nothing in this Chapter limits the boards' authority to protect water resources under other provisions of law.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21175, Public Resources Code.
HISTORY
1. New subchapter 15 (articles 1-6, sections 3720-3782, not consecutive, and appendices A-C) filed 1-18-82; effective thirtieth day thereafter (Register 82, No. 4).
2. Change without regulatory effect renumbering chapter heading filed 11-10-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 46).
3. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Note • History
(a) “Board,” “state board,” and “regional board” have the same meaning as set forth in section 640 of Title 23.
(b) “Notice of Decision” means a brief notice to be filed by the board with the Secretary for Natural Resources after it has adopted or approved a standard, rule, regulation, plan, or related project in accordance with an exempt regulatory program. A sample of this notice appears in Appendix B.
(c) “Notice of Filing” means a brief notice of availability to be posted on the board's website, and provided to any person who requests it in writing, upon completion of the written documentation prepared for a proposed activity in accordance with an exempt regulatory program. A sample of this notice appears in Appendix C.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code; and Section 13050, Water Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3722. Compliance with Permit Streamlining Act.
Note • History
The board shall complete review and take action with regard to development projects subject to the Permit Streamlining Act (Chapter 4.5 (commencing with section 65920) of Division 1 of Title 7 of the Government Code) within the time limits set forth in Article 5 (commencing with section 65950) of the Permit Streamlining Act in accordance with these regulations, except as provided by Water Code section 13264.
NOTE
Authority cited: Sections 21082 and 21100.2, Public Resources Code. Reference: Sections 65950-65957, Government Code; and Section 13264, Water Code.
HISTORY
1. Amendment of section heading, section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3723. Master Environmental Assessment.
Note • History
For purposes of Section 15169 of the State CEQA Guidelines, the following documents have been prepared and designated by the state board as a master environmental assessment for the particular hydrographic area under consideration:
(a) All water quality control plans, and amendments and supplements to such plans, adopted by the regional boards and approved by the state board pursuant to Article 3, Chapter 4 of Division 7 of the Water Code.
(b) All water quality control plans adopted by the state board pursuant to Water Code Section 13170.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21003, Public Resources Code.
HISTORY
1. Amendment of first paragraph and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Article 2. Exemptions
§3730. Ministerial Project Exemption.
Note • History
Ministerial projects are exempt from the requirements of CEQA and do not require the preparation of environmental documents. Generally, in the absence of special circumstances, the following activities have been determined to be ministerial projects:
(a) Issuance of certifications pursuant to Section 169 of the Internal Revenue Code of 1954, as amended.
(b) Issuance of licenses to appropriate water pursuant to Water Code Sections 1600-1611.
(c) Issuance of permits to appropriate water pursuant to a decision or order of the state board.
(d) Issuance of certificates pursuant to Health and Safety Code Section 44533.
(e) Issuance of registrations for small domestic and livestock stockpond uses pursuant to Article 2.7 (commencing with section 1228) of Chapter 1 of Part 2 of Division 2 of the Water Code.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080(b), Public Resources Code.
HISTORY
1. Amendment of subsections (d) and (e), repealer of subsections (f) and (g) and amendment Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3733. Waste Discharge Requirements Adopted Pursuant to Water Code Division 7, Chapter 5.5.
Note • History
In accordance with Water Code section 13389, the boards shall not be required to comply with CEQA prior to the adoption of waste discharge requirements that serve as a National Pollutant Discharge Elimination System (NPDES) permit pursuant to Water Code section 13377, except requirements for new sources as defined in Title 40, Code of Federal Regulations, sections 122.2 and 122.29.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 13389, Water Code; and County of Los Angeles v. California State Water Resources Control Bd. (2006) 143 Cal.App.4th 985.
HISTORY
1. Amendment of section heading, section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Article 3. Applications for Waste Discharge, Water Recycling Requirements, or Other Entitlements for Use
§3740. Submission of Information.
Note • History
Whenever any person applies to the board for waste discharge requirements, water recycling requirements, or other entitlement for use, the board may require that person to submit data and information necessary to enable the board to determine whether the project proposed may have a significant effect on the environment.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21082.1, Public Resources Code.
HISTORY
1. Amendment of article heading, section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3741. Additional Information Requirements.
Note • History
(a) In addition to the information requested under Section 3740, the person applying for waste discharge requirements, water recycling requirements, or other entitlement for use, shall complete the Environmental Information Form contained in Appendix H of the State CEQA Guidelines if the conditions specified in subsections (1), (2), (3) and (4) of this subsection are met:
(1) The project is subject to the requirements of CEQA;
(2) The project does not qualify for an exemption under Article 2 of this Chapter or Article 18 or 19 of the State CEQA Guidelines;
(3) The project is to be carried out by a person other than a public agency; and
(4) No other agency is lead agency for the project.
(b) In addition to the information requested under Section 3740, the person applying for waste discharge requirements, water recycling requirements, or other entitlement for use shall ensure that the board receives copies of the environmental documents or Notice of Exemption if the following conditions are met:
(1) The project is subject to CEQA;
(2) The project is to be carried out by a person other than the board; and
(3) A public agency other than the board is lead agency.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21177, Public Resources Code.
HISTORY
1. Amendment of subsections (a), (a)(2) and (b) and amendment Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3742. Denial or Limitation of Waste Discharge Requirements, Water Recycling Requirements, or Other Entitlement for Use.
Note • History
(a) The board, when acting as a responsible agency, may prohibit, postpone, or condition the discharge of waste and may deny, postpone, or condition water recycling requirements or other entitlement for use for any project subject to CEQA to protect against environmental damage to water resources, to minimize adverse environmental impacts on water resources, or to ensure long-term protection of water resources, or if the information required pursuant to sections 3740 and 3741 has not been timely submitted to the board. The board's authority under this subdivision is limited to the protection of water resources within its purview.
(b) The board, when acting as lead agency, may prohibit, postpone, or condition the discharge of waste and may deny, postpone, or condition water recycling requirements or other entitlements for use for any project to protect against environmental damage, to prevent nuisance, to minimize adverse environmental impacts, or to ensure long-term protection of the environment, or if the information required pursuant to sections 3740 and 3741 has not been timely submitted to the board.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21002 and 21002.1, Public Resources Code.
HISTORY
1. Amendment of section heading, section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Article 4. Applications for Funding
§3750. Submission of Information.
Note • History
(a) Whenever any public agency to the state board for discretionary financial assistance from the state board for a project to be undertaken by such public agency, the application shall be supported by an Initial Study and an adopted Negative Declaration, or a Final Environmental Impact Report, as required by CEQA, or the public agency shall provide documentation to support the basis for a statutory or categorical exemption from CEQA.
(b) Whenever any person that is not a public agency applies to the state board for any form of discretionary financial assistance for a project to be undertaken by such person, the application shall be submitted with sufficient information and data to determine whether the project may have a significant effect on the environment. If the supplied information and data indicate that the project will have a significant effect on the environment, then such person shall submit with the application sufficient information and data to determine feasible changes in the project that mitigate or avoid the substantial adverse changes in the environment. This information may be supplied in the form of a draft EIR or an Initial Study and Negative Declaration. However, regardless of the format used, the state board shall not use the information or documents as its own without an independent evaluation and analysis of such information or documents.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21177, Public Resources Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Note • History
(a) The state board, acting as a responsible agency, may deny, postpone or condition discretionary financial assistance for any project subject to CEQA that is to be undertaken by any person where the state board determines that such action is necessary to protect against environmental damage to water resources, to prevent nuisance, to minimize adverse environmental impact on water resources, or to ensure long-term protection of water resources, or if the information required pursuant to section 3750 has not been timely submitted to the state board. The state board's authority under this subdivision is limited to the protection of water resources within its purview.
(b) The state board, acting as lead agency, may deny, postpone, or condition discretionary financial assistance for any project that is undertaken by any person where the state board determines that such action is necessary to protect against environmental damage, to prevent nuisance, to minimize adverse environmental impacts, or to ensure long-term protection of the environment, or if the information required pursuant to section 3750 has not been timely submitted to the state board.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21002 and 21002.1, Public Resources Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Article 5. Processing of Environmental Documents
§3760. Time Limits in Action by Responsible Agency. [Repealed]
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15085.5. Reference: Division 13, Public Resources Code.
HISTORY
1. Repealer filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3761. Determination As to Completeness of Application. [Repealed]
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code; Sections 62928 and 65943, Government Code. Reference: Division 13, Public Resources Code.
HISTORY
1. Repealer filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3762. Availability of Environmental Documents.
Note • History
Environmental documents that have been prepared by the board, or that will be considered by the board prior to approval of a project, shall be available for public inspection upon request during normal working hours at the appropriate board office.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21105, Public Resources Code; and Sections 6250-6276.48, Government Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3763. Public Participation and Hearings.
Note • History
The board shall take appropriate action to encourage public participation and comment in the preparation and review of environmental documents. Such action may include a public hearing, a workshop or a board meeting when such is deemed necessary by the board for proper evaluation of the project involved.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21177, Public Resources Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3764. Charges for Preparation of Environmental Documents. [Repealed]
Note • History
NOTE
Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin. Code 15053. Reference: Section 21089, Public Resources Code.
HISTORY
1. Repealer filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Article 6. Exempt Regulatory Programs
Note • History
This article applies only to those regulatory programs or portions thereof that are administered by the board and that have been certified as an exempt regulatory program by the Secretary for Natural Resources in accordance with subdivision (c) of Public Resources Code Section 21080.5. Such programs include the Water Quality Control (Basin)/208 Planning Program of the state board and regional boards, and includes all water quality control plans, state policies for water quality control, and all components of California's water quality management plan as defined in Code of Federal Regulations, title 40, sections 130.2(k) and 130.6. This article contains the exclusive procedural requirements for those certified regulatory programs.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. Amendment filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3775.5. Early Public Consultation.
Note • History
(a) Prior to circulating the draft Substitute Environmental Documentation described in section 3777, the board shall seek early public consultation. Early public consultation may include one or more scoping meetings.
(b) The purpose of a scoping meeting is to seek input from public agencies and members of the public on the range of project actions, alternatives, reasonably foreseeable methods of compliance, significant impacts to be analyzed, cumulative impacts if any, and mitigation measures that will reduce impacts to a less than significant level; and to eliminate from detailed study issues found not to be important. Scoping may also assist in resolving concerns of affected federal, state, and local agencies, the proponent of the action, and other interested persons.
(c) Scoping meetings should be held in the watershed or general vicinity of where the project is to take place, if practicable. The board shall give notice of the time and location of the scoping meeting at least 10 days in advance of the meeting. Notice of a scoping meeting shall be posted on the board's website and should be provided to all of the following:
(1) Any county or city where the project is located;
(2) Any public agency that has jurisdiction by law with respect to the project; and
(3) Any organization or individual who has filed a written request for the notice.
NOTE
Authority Cited: Section 21082, Public Resources Code. Reference: Sections 21080.5 and 21082.1, Public Resources Code.
HISTORY
1. New section filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3776. Roles of State Board and Regional Boards.
Note • History
(a) The state board shall be the lead agency with respect to its adoption or revision of any state policy for water quality control or other plans, policies, or regulations that it adopts or revises.
(b) The regional board shall be the lead agency with respect to adoption or amendment of any of its regional water quality control plans or guidelines, as described in Water Code sections 13240 through 13244 and 13245.5. Substitute environmental documentation adopted or approved by the regional board is final upon such adoption or approval, subject to subdivision (d), below. The Notice of Decision shall be filed upon approval of the regional water quality control plan or guidelines by the state board, and if applicable, the Office of Administrative Law.
(c) Pursuant to its approval authority under Water Code sections 13245 through 13246, the state board shall review the substitute environmental documentation of the regional board, and consider the regional board's findings under section 3777 subdivisions (d), (e), and (f) . The state board may make its own findings, or may incorporate by reference the regional board's findings.
(d) Notwithstanding subdivision (c), above, the state board shall become the lead agency if, following resubmission of a regional water quality control plan or revision thereof that it has previously returned to the regional board for reconsideration, the state board revises and approves such plan pursuant to Water Code section 13245. In such event, the state board need not duplicate the CEQA processes performed by the regional board, and need not recirculate the substitute environmental documentation prepared by the regional board unless recirculation would be required pursuant to California Code of Regulations, title 14, section 15088.5.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21177, Public Resources Code; Sections 13140-13147 and 13240-13247, Water Code.
HISTORY
1. Amendment of section heading, repealer and new section and amendment of Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3777. Substitute Environmental Documentation: Requirements for Adoption or Approval of Plans or Policies.
Note • History
(a) Any water quality control plan, state policy for water quality control, and any other components of California's water quality management plan as defined in Code of Federal Regulations, title 40 sections 130.2(k) and 130.6, proposed for board approval or adoption must include or be accompanied by Substitute Environmental Documentation (SED) and supported by substantial evidence in the administrative record. The Draft SED may be comprised of a single document or a compilation of documents. The Draft SED must be circulated prior to board action approving or adopting a project, as specified in sections 3778 and 3779. The Draft SED shall consist of:
(1) A written report prepared for the board, containing an environmental analysis of the project;
(2) A completed Environmental Checklist, a sample of which is contained in Appendix A to this Chapter. The sample Environmental Checklist may be modified as appropriate to meet the particular circumstances of a project. The issues identified in the Environmental Checklist must be evaluated in the checklist or elsewhere in the SED; and
(3) Other documentation as the board may include.
(b) The Draft SED shall include, at a minimum, the following information:
(1) A brief description of the proposed project;
(2) An identification of any significant or potentially significant adverse environmental impacts of the proposed project;
(3) An analysis of reasonable alternatives to the project and mitigation measures to avoid or reduce any significant or potentially significant adverse environmental impacts; and
(4) An environmental analysis of the reasonably foreseeable methods of compliance. The environmental analysis shall include, at a minimum, all of the following:
(A) An identification of the reasonably foreseeable methods of compliance with the project;
(B) An analysis of any reasonably foreseeable significant adverse environmental impacts associated with those methods of compliance;
(C) An analysis of reasonably foreseeable alternative methods of compliance that would have less significant adverse environmental impacts; and
(D) An analysis of reasonably foreseeable mitigation measures that would minimize any unavoidable significant adverse environmental impacts of the reasonably foreseeable methods of compliance.
(c) In the preparation of the environmental analysis contained in subdivision (b)(4), the board may utilize numerical ranges or averages where specific data are not available; however, the board shall not be required to engage in speculation or conjecture. The environmental analysis shall take into account a reasonable range of environmental, economic, and technical factors, population and geographic areas, and specific sites, but the board shall not be required to conduct a site-specific project level analysis of the methods of compliance, which CEQA may otherwise require of those agencies who are responsible for complying with the plan or policy when they determine the manner in which they will comply.
(d) As to each impact identified in subdivisions (b)(2) and (b)(4)(B), the SED shall contain findings as described in State CEQA Guidelines section 15091, and if applicable, a statement described in section 15093.
(e) If the board determines that no fair argument exists that the project could result in any reasonably foreseeable significant adverse environmental impacts, the SED shall include a finding to that effect in lieu of the analysis described in subdivision (b)(3).
(f) If the board determines that no fair argument exists that the reasonably foreseeable methods of compliance with the project could result in any reasonably foreseeable significant adverse environmental impacts, the SED shall include a finding to that effect in lieu of the analysis described in subdivisions (b)(4)(C) and (b)(4)(D).
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Reference: Sections 21080.5 and 21159, Public Resources Code.
HISTORY
1. Amendment of section heading, section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Note • History
Upon completion of the Draft SED, the board shall consult with other public agencies having jurisdiction by law with respect to the proposed project, or which exercise authority over resources that may be affected by the proposed project, and may consult with persons having special expertise with regard to the potential environmental effects involved in the proposed project. The board may consult with such persons by transmitting a copy of the written report or by other appropriate means.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3779. Notice of Filing of Draft SED; Public Comments.
Note • History
(a) Upon completion of the Draft SED, the board shall post on its website a Notice of Filing in a format similar to the one contained in Appendix C and shall provide a copy to any person who requests it in writing. The Notice of Filing shall indicate the applicable written comment period and date of the public hearing on the adequacy of the Draft SED. The written comment period and the public hearing on the adequacy of the Draft SED may, but need not, be held contemporaneously with the comment period and the public hearing for the project.
(b) Written Comments: The board shall prescribe a written comment period on the adequacy of the Draft SED. The written comment period shall be for a period of not less than 45 days, which may be shortened to 30 days in exceptional circumstances as determined by the board, or if the board makes the determinations specified in subdivisions (e) and (f) of section 3777. The board may allow a longer written comment period. The board may refuse to accept written comments received after the noticed deadline. The board is not required to consider any written comment that is received after the deadline.
(c) Oral Comments: The board shall conduct a public hearing for the receipt of oral comments either during or after the written comment period. If the public hearing is conducted during the written comment period, it shall be at least 30 days after posting of the notice described in subdivision (a). The board is not required to consider any oral comment that is received after the public hearing.
(d) The board shall prepare written responses to the significant environmental issues raised in the comments received during the written comment period, including written comments, and oral comments received at the public hearing if the public hearing is held prior to the close of the written comment period. The board shall respond in writing or orally to significant environmental issues raised at the public hearing. The board is not required to respond to late comments. Copies of written responses shall be available for any person to review prior to the board's approval of the SED. Copies of written responses to public agency comments received during the written comment period shall be provided to those agencies at least 10 days prior to the board's approval of the SED. The comments received, and the responses thereto, shall be included in the record of the board action.
(e) At the close of the public hearing, the board may either take action or defer action to a subsequent meeting of the board. If the board defers action, the board must allow additional public comment on the Draft SED only if recirculation would be required for an environmental impact report pursuant to California Code of Regulations, title 14, section 15088.5, in which case the board may limit any additional public comment to the significant new information contained in the recirculated Draft SED. If the board defers action and recirculation would not be required, the board may consider the responses to comments, approve the SED, and adopt the project at a subsequent board meeting without accepting any additional public comment.
(f) The state board, when considering approval of a regional board's adoption of an amendment to its water quality control plan or guideline, shall prescribe a comment period of not less than 30 days. The state board may refuse to accept any comments received after the noticed deadline. All comments submitted to the state board must be specifically related to the final amendment adopted by the regional board. If the regional board previously responded to the comment, the commenter must explain why it believes that the regional board's response was inadequate. The commenter must include either a statement that each of the comments was timely raised before the regional board, or an explanation of why the commenter was unable to raise the specific comment before the regional board. The state board may refuse to accept any comments that do not include such a statement. The state board is not required to consider any comment that is not in compliance with this section.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. Amendment of section heading, repealer and new section and amendment of Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3779.5. Final Substitute Environmental Documentation (SED).
Note • History
(a) Prior to adopting or approving a project, the board shall consider the materials generated pursuant to sections 3777 through 3779. The board may approve the SED prior to, or at the same time, as it adopts the project. Upon adoption of the resolution adopting the project, the SED shall become final.
(b) The Final SED includes:
(1) The materials described in section 3777:
(2) Comments and Responses to Comments, pursuant to section 3779;
(3) The board resolution adopting the project; and
(4) Other documentation as the board may prescribe.
(c) For each significant impact identified in subdivisions (b)(2) and (b)(4)(B) of section 3777, the board shall adopt findings as described in State CEQA Guidelines section 15091 for significant environmental effects identified in an environmental impact report, and if the project as adopted will result in the occurrence of significant effects that are not avoided or substantially lessened, the board shall adopt a statement described in State CEQA Guidelines section 15093 for similar significant effects identified in an environmental impact report.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. New section filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Note • History
(a) The board shall not adopt or approve a project that would cause significant adverse impacts if there are feasible alternatives or feasible mitigation measures available that would substantially lessen any significant adverse impact that the project may have on the environment.
(b) If the board makes a finding as described in State CEQA Guidelines section 15091, subdivision (a)(1), it shall also adopt a program for monitoring or reporting as described in State CEQA Guidelines section 15097 for mitigated negative declarations and environmental impact reports.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Note • History
(a) Upon final adoption of a project subject to this Article, and upon approval by the Office of Administrative Law, if required, the state board shall file a Notice of Decision in a format similar to the one in Appendix B to this Chapter with the Secretary for Natural Resources.
(b) When a regional board adopts or amends a water quality control plan or guideline and it is approved by the state board, and, if required, the Office of Administrative Law, the state board shall file, on behalf of the regional board, the Notice of Decision with the Secretary for Natural Resources.
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. Amendment of section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
§3782. Exempt Regulatory Programs. [Repealed]
Note • History
NOTE
Authority cited: Section 21082, Pubic Resources Code. Reference: Section 21080.5, Public Resources Code.
HISTORY
1. Repealer filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Appendix A
Environmental Checklist Form
(To Be Completed By Lead Agency)
Appendix to the State Water Board's CEQA regulations
Cal. Code. Regs., tit. 23, div. 3, ch. 27 sections 3720-3781
THE PROJECT
1. Project title:
2. Lead agency name and address:
3. Contact person and phone number:
4. Project location:
5. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary. The description may be a summary with a reference to other documents that contain the detailed project description.)
EVALUATION OF THE ENVIRONMENTAL IMPACTS IN THE CHECKLIST
1. The board must complete an environmental checklist prior to the adoption of plans or policies for the Basin/208 Planning program as certified by the Secretary for Natural Resources. The checklist becomes a part of the Substitute Environmental Documentation (SED).
2. For each environmental category in the checklist, the board must determine whether the project will cause any adverse impact. If there are potential impacts that are not included in the sample checklist, those impacts should be added to the checklist.
3. If the board determines that a particular adverse impact may occur as a result of the project, then the checklist boxes must indicate whether the impact is “Potentially Significant,” “Less than Significant with Mitigation Incorporated,” or “Less than Significant.”
a. “Potentially Significant Impact” applies if there is substantial evidence that an impact may be significant. If there are one or more “Potentially Significant Impact” entries on the checklist, the SED must include an examination of feasible alternatives and mitigation measures for each such impact, similar to the requirements for preparing an environmental impact report.
b. “Less than Significant with Mitigation Incorporated” applies if the board or another agency incorporates mitigation measures into the SED that will reduce an impact that is “Potentially Significant” to a “Less than Significant Impact.” If the board does not require the specific mitigation measures itself, then the board must be certain that the other agency will in fact incorporate those measures.
c. “Less than Significant” applies if the impact will not be significant, and mitigation is therefore not required.
d. If there will be no impact, check the box under “No Impact.”
4. The board must provide a brief explanation for each “Potentially Significant,” “Less than Significant with Mitigation Incorporated,” “Less than Significant,” or “No Impact” determination in the checklist. The explanation may be included in the written report described in section 3777(a)(1) or in the checklist itself. The explanation of each issue should identify: (a) the significance criteria or threshold, if any, used to evaluate each question; and (b) the specific mitigation measure(s) identified, if any, to reduce the impact to less than significant. The board may determine the significance of the impact by considering factual evidence, agency standards, or thresholds. If the “No Impact” box is checked, the board should briefly provide the basis for that answer. If there are types of impacts that are not listed in the checklist, those impacts should be added to the checklist.
5. The board must include mandatory findings of significance if required by CEQA Guidelines section 15065.
6. The board should provide references used to identify potential impacts, including a list of information sources and individuals contacted.
ISSUES
Less Than
Potentially Significant Less Than
Significant with Mitigation Significant No
Impact Incorporated Impact Impact
I. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a scenic vista? - - - -
b) Substantially damage scenic resources, including, but not limited to, trees,
rock outcroppings, and historic buildings within a state scenic highway? - - - -
c) Substantially degrade the existing visual character or quality of the site
and its surroundings? - - - -
d) Create a new source of substantial light or glare which would adversely
affect day or nighttime views in the area? - - - -
II. AGRICULTURE AND FOREST RESOURCES:
In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland,
are significant environmental effects, lead agencies may refer to information compiled
by the California Department of Forestry and Fire Protection regarding the state's
inventory of forest land, including the Forest and Range Assessment Project and the
Forest Legacy Assessment Project; and forest carbon measurement methodology
provided in Forest Protocols adopted by the California Air Resources Boards.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the Farmland - - - -
Mapping and Monitoring Program of the California Resources Agency, to
non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act - - - -
contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land
(as defined in Public Resources Code section 12220(g)), timberland (as defined - - - -
by Public Resources Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use? - - - -
e) Involve other changes in the existing environment which, due to their location
or nature, could result in conversion of Farmland, to non-agricultural use or - - - -
conversion of forest land to non-forest use?
III. AIR QUALITY -- Where available, the significance criteria established
by the applicable air quality management or air pollution control district may
be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? - - - -
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation? - - - -
c) Result in a cumulatively considerable net increase of any criteria pollutant
for which the project region is non-attainment under an applicable federal or - - - -
state ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant concentrations? - - - -
e) Create objectionable odors affecting a substantial number of people? - - - -
IV. BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications,
on any species identified as a candidate, sensitive, or special status species in local - - - -
or regional plans, policies, or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the - - - -
California Department of Fish and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal, - - - -
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means?
Less Than
Potentially Significant Less Than
Significant with Mitigation Significant No
Impact Incorporated Impact Impact
d) Interfere substantially with the movement of any native resident or migratory fish
or wildlife species or with established native resident or migratory wildlife - - - -
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources,
such as a tree preservation policy or ordinance? - - - -
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat - - - -
conservation plan?
V. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the significance of a historical resource - - - -
as defined in §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological - - - -
resource pursuant to §15064.5?
c) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature? - - - -
d) Disturb any human remains, including those interred outside of formal
cemeteries? - - - -
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial adverse effects, including - - - -
the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist - - - -
for the area or based on other substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground snaking? - - - -
iii) Seismic-related ground failure, including liquefaction? - - - -
iv) Landslides? - - - -
b) Result in substantial soil erosion or the loss of topsoil? - - - -
c) Be located on a geologic unit or soil that is unstable, or that would become unstable
as a result of the project, and potentially result in on- or off-site landslide, lateral - - - -
spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform - - - -
Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or - - - -
alternative waste water disposal systems where sewers are not available for the
disposal of waste water?
VII. GREENHOUSE GAS EMISSIONS -- Would the project:
a) Generate Greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment? - - - -
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of
reducing the emissions of greenhouse gases? - - - -
VIII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project:
a) Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials? - - - -
b) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous - - - -
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, - - - -
substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result, would - - - -
it create a significant hazard to the public or the environment?
Less Than
Potentially Significant Less Than
Significant with Mitigation Significant No
Impact Incorporated Impact Impact
e) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport, - - - -
would the project result in a safety hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private airstrip, would the project
result in a safety hazard for people residing or working in the project area? - - - -
g) Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan? - - - -
h) Expose people or structures to a significant risk of loss, injury or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where - - - -
residences are intermixed with wildlands?
IX. HYDROLOGY AND WATER QUALITY -- Would the project:
a) Violate any water quality standards or waste discharge requirements? - - - -
b) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume
or a lowering of the local groundwater table level (e.g., the production rate of - - - -
pre-existing nearby wells would drop to a level which would not support existing
land uses or planned uses for which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, in a manner which would - - - -
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river, or substantially increase - - - -
the rate or amount of surface runoff in a manner which would result in flooding
on- or off-site?
e) Create or contribute runoff water which would exceed the capacity of existing or
planned stormwater drainage systems or provide substantial additional sources of - - - -
polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation - - - -
map?
h) Place within a 100-year flood hazard area structures which would impede or
redirect flood flows? - - - -
i) Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam? - - - -
j) Inundation by seiche, tsunami, or mudflow? - - - -
X. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community? - - - -
b) Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific - - - -
plan, local coastal program, or zoning ordinance) adopted for the purpose of
avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or natural community
conservation plan? - - - -
XI. MINERAL RESOURCES -- Would the project:
a) Result in the loss of availability of a known mineral resource that would be of
value to the region and the residents of the state? - - - -
b) Result in the loss of availability of a locally-important mineral resource recovery
site delineated on a local general plan, specific plan or other land use plan? - - - -
XII. NOISE -- Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable standards - - - -
of other agencies?
Less Than
Potentially Significant Less Than
Significant with Mitigation Significant No
Impact Incorporated Impact Impact
b) Exposure of persons to or generation of excessive groundborne vibration or
groundborne noise levels? - - - -
c) A substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project? - - - -
d) A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project? - - - -
e) For a project located within an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport or public use airport, - - - -
would the project expose people residing or working in the project area to excessive
noise levels?
f) For a project within the vicinity of a private airstrip, would the project expose
people residing or working in the project area to excessive noise levels? - - - -
XIII. POPULATION AND HOUSING -- Would the project:
a) Induce substantial population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (for example, through extension - - - -
of roads or other infrastructure)?
b) Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere? - - - -
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere? - - - -
XIV. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or
physically altered governmental facilities, the construction of which could cause - - - -
significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives for any of the public services:
Fire protection? - - - -
Police protection? - - - -
Schools? - - - -
Parks? - - - -
Other public facilities? - - - -
XV. RECREATION
a) Would the project increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial physical deterioration - - - -
of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction
or expansion of recreational facilities which might have an adverse physical - - - -
effect on the environment?
XVI. TRANSPORTATION/TRAFFIC -- Would the project:
a) Conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system, taking into account all
modes of transportation including mass transit and non-motorized travel and - - - -
relevant components of the circulation system, including, but not limited to
intersections, streets, highways and freeways, pedestrian and bicycle paths, and
mass transit?
b) Conflict with an applicable congestion management program, including, but not
limited to level of service standards and travel demand measures, or other - - - -
standards established by the county congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that results in substantial safety risks? - - - -
d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)? - - - -
e) Result in inadequate emergency access? - - - -
Less Than
Potentially Significant Less Than
Significant with Mitigation Significant No
Impact Incorporated Impact Impact
f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle,
or pedestrian facilities, or otherwise decrease the performance or safety of such - - - -
facilities?
XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project:
a) Exceed wastewater treatment requirements of the applicable Regional Water
Quality Control Board? - - - -
b) Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities, the construction of which could - - - -
cause significant environmental effects?
c) Require or result in the construction of new storm water drainage facilities or
expansion of existing facilities, the construction of which could cause significant - - - -
environmental effects?
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed? - - - -
e) Result in a determination by the wastewater treatment provider which serves or
may serve the project that it has adequate capacity to serve the project's projected - - - -
demand in addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs? - - - -
g) Comply with federal, state, and local statutes and regulations related to solid
waste? - - - -
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or - - - -
animal community, reduce the number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually limited, but cumulatively
considerable? (“Cumulatively considerable” means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, - - - -
the effects of other current projects, and the effects of probable future projects)?
c) Does the project have environmental effects which will cause substantial adverse
effects on human beings, either directly or indirectly? - - - -
Explanations of Impact Assessment (may also follow checklist sections)
PRELIMINARY STAFF DETERMINATION
- The proposed project COULD NOT have a significant effect on the environment, and, therefore, no alternatives or mitigation measures are proposed.
- The proposed project MAY have a significant or potentially significant effect on the environment, and therefore alternatives and mitigation measures have been evaluated.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080(c), 21080.1, 21080.3, 21080.5, 21082.1, 21083, 21083.05, 21083.3, 21093, 21094, 21151, Public Resources Code; Sundstrom v. County of Mendocino, 202 Cal.App.3d 296 (1988); and Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990).
HISTORY
1. Repealer and new Appendix A filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Appendix B
Notice of Decision
TO: Secretary for Resources FROM: ___________________
1416 Ninth Street, Room 1311 ___________________
Sacramento, CA 95814 ___________________
SUBJECT: Filing of Notice of Decision in Compliance with Section 21080.5 of the Public Resources Code
Project Proponent:
Project Title:
Contact Person: _______________ Telephone No.:
Project Location:
Project Description:
This is to advise that the has
made the following determination regarding the above described project:
The project has been: ____ approved
____ disapproved
Date Received for Filing: _______________
_______________________________
Signature of Person Filing Notice
_______________________________
Title
NOTE
Authority cited: Section 21082, Public Resources Code. Reference: Division 13, Public Resources Code.
Appendix C
Notice of Filing
TO: Any Interested Person FROM:_____________________
:_____________________
:_____________________
SUBJECT: Notice of Filing submitted under California Code of Regulations, Title 23, Section 3779.
Name of Board:
Project Title:
Contact Person: __________________ Telephone No.:
Project Location:
Project Description:
This is to advise that the [name of board] is proposing to adopt or amend the [name of plan or policy] in accordance with a regulatory program exempt under Section 21080.5 of the Public Resources Code from the requirement to prepare an environmental impact report under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and with other applicable laws and regulations.
The [name of board] will accept written comments as set forth in the notice published. Written comments must be submitted to the [name of board] by [date] at [time], and shall be submitted to [name and address]. A public hearing for the receipt of oral comments is scheduled for [date] at [time].
Date: ________________
______________________________________
Signature of Person Transmitting Notice
______________________________________
Title
Note: Authority cited: Section 21082, Public Resources Code. Reference: Section 21080.5, Public Resource Code.
HISTORY
1. Amendment of Appendix C and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
Chapter 28. Certifications
Article 1. General Provisions
§3830. Purpose and Review of Regulations.
Note • History
(a) Various laws provide for the issuance of certifications by the state board or regional boards. These regulations specify how the state board and the regional boards implement various certification programs and how the state board acts on petitions for reconsideration of certification actions or failures to act by the executive director, regional boards, and executive officers.
(b) Within five years from the effective date of these regulations, the state board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this Chapter to determine whether they should be retained, revised, or repealed.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 174, 179, 183, 186, 1059, 13160, 13160.1, 13321, 13350 and 13396, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. New subchapter 17 (articles 1-6, sections 3830-3869) filed 9-2-81; effective thirtieth day thereafter (Register 81, No. 36).
2. Change without regulatory effect renumbering chapter heading filed 11-10-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 46).
3. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note • History
The following words (in alphabetical order), as used in this Chapter, shall have the meaning hereafter ascribed to them unless the context of their use clearly requires a different meaning:
(a) “Activity,” when used in reference to water quality certification, means any action, undertaking, or project -- including, but not limited to, construction, operation, maintenance, repair, modification, and restoration -- which may result in any discharge to waters of the United States in California.
(b) “Application” means a written request for certification, including accompanying materials.
(c) “Applicant” normally means any individual, entity, district, organization, group, or agency submitting an application, subject to the following caveats:
(1) When a professional agent or firm submits an application on behalf of a client, the client is the applicant.
(2) The person or group financially responsible for an activity seeking a federal license or permit which may result in a discharge to waters of the United States is normally the applicant for water quality certification, but
(3) the federal agency is the applicant when the federal agency requests water quality certification for any discharge which may result from activities to be allowed by that agency under a general license or permit.
(d) “CEQA” means the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).
(e) To take a “certification action” means to issue an order, signed by the proper approving official, granting or denying certification within the time period allowed for certification by the federal agency's rules.
(f) “Complete application” means:
(1) for purposes of tax certification, an application made on forms provided by EPA and that includes the appropriate fee required pursuant to Section 3833 of this Chapter;
(2) for purposes of water quality certification, an application that includes all information and items and the fee deposit required pursuant to Sections 3833 and 3856 of this Chapter;
(3) for purposes of pollution control certification, an application that includes all information, items, and fees required pursuant to Sections 3833 and 3863 of this Chapter; and
(4) notwithstanding the specific definitions in Subsections (f)(1) through (f)(3) of this Section, any application for certification for a development project for which the application is deemed complete pursuant to the Permit Streamlining Act (Government Code Section 65920 et seq.).
(g) “CFR” means the Code of Federal Regulations.
(h) “Denial without prejudice” means an inability to grant certification for procedural rather than substantive reasons. This form of denial carries with it no judgement on the technical merits of the activity or compliance of any discharge with water quality standards. A certifying agency may reconsider a revised application package which corrects the procedural problems that caused the original denial without prejudice.
(i) “EPA” means the United States Environmental Protection Agency.
(j) “Executive director” means the chief administrative officer of the state board or the executive director's designee.
(k) “Executive officer” means the chief administrative officer of a regional board.
(l) “Federal agency” means, for purposes of water quality certification:
(1) the federal agency responsible for issuing a license or permit for an activity resulting in a possible discharge for which an application for certification is submitted, or
(2) a federal agency applying for water quality certification (see definition of “applicant”).
(m) “FERC” means the Federal Energy Regulatory Commission.
(n) “Pollution control certification” means a certification that a project will further comply with federal, state or local pollution control standards and requirements and is eligible for financing under the California Pollution Control Financing Authority Act (Health and Safety Code, Division 27, commencing with Section 44502).
(o) “Regional board” means a California Regional Water Quality Control Board.
(p) “Standard certification” means a water quality certification subject only to the conditions specified in Section 3860 of this Chapter.
(q) “State board” means the State Water Resources Control Board.
(r) “Tax Certification” means a certification that a treatment facility qualifies as a certified pollution control facility within the meaning of Section 169 of the Internal Revenue Code of 1954.
(s) “USC” means United States Code.
(t) “Water Code” means the California Water Code.
(u) “Water quality certification” means a certification that any discharge or discharges to waters of the United States, resulting from an activity that requires a federal license or permit, will comply with water quality standards and other appropriate requirements.
(v) “Water quality standards and other appropriate requirements” means the applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act (33 USC Sections 1311, 1312, 1313, 1316, 1317), and any other appropriate requirements of state law.
(w) “Waters of the United States” means surface water and water bodies as defined by EPA regulations (e.g., 40 CFR Section 122.2). All waters of the United States in California are also “waters of the state” (defined by the Porter-Cologne Water Quality Control Act as “any surface water or ground water, including saline waters, within the boundaries of the state.” [Water Code Section 13050(e)]). Not all waters of the state (e.g., ground water) are waters of the United States.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; 40 CFR Section 131.3; 40 CFR Section 122.2; Sections 7, 1003.5, 1059, 13050, 13160, 13160.1 and 13350, Water Code; Sections 44533 and 44539, Health and Safety Code; Section 21000 et seq. (CEQA), Public Resources Code; and Section 15000 et seq., State CEQA Guidelines.
HISTORY
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note • History
Two copies of each application shall be submitted.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Section 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3833. Application Fees and Refunds.
Note • History
(a) Each application for a Tax Certification shall be accompanied by a fee of $200.
(b) Each application for a Water Quality Certification shall be accompanied by a fee deposit for processing the application. Processing the application includes evaluating the activity proposed in the application and determining whether the certification should be issued and what conditions, if any, should be imposed on the certification.
(1) If the activity subject to certification includes, or involves construction or modification of facilities for the purpose of, producing hydroelectric power, and the activity or facilities require the issuance or amendment of a FERC license, a deposit in the amount of any annual fees due under section 3833.1 that have not yet been paid shall accompany the application.
(2) If the activity is not subject to subsection (b)(1) of this section but is subject to subparagraph (b)(1)(B) of section 3855, then an initial deposit shall accompany the application, and subsequent deposits shall be required as necessary to cover the state board's reasonable costs of processing the application as follows:
(A) An initial deposit of $1,000 shall accompany all applications.
(B) If the state board's reasonable costs exceed $750, the applicant shall provide a second deposit in the amount of the unpaid reasonable costs, if any, plus $5,000, or a lesser amount estimated by the state board to be necessary to complete processing the application.
The state board may require additional deposits when the state board's reasonable costs exceed the total amount previously deposited less $2,000. The additional deposits shall be in the amount of the state board's unpaid reasonable costs, if any, plus $5,000, or a lesser amount that the state board estimates to be necessary to complete processing the application. The state board shall notify the applicant by certified mail of any deposits required under this subsection (b)(1)(B), and the deposit shall be due within sixty (60) days from receipt of the notice.
(C) After the state board acts on the application, or if the applicant withdraws the application, the applicant shall make a final payment so that the total fee paid by the applicant equals the reasonable costs incurred by the state board in processing the application. The state board shall notify the applicant by certified mail if the applicant owes a final payment on the application fee, and the final payment shall be due within sixty (60) days from receipt of the notice. If the deposit(s) exceed the state board's reasonable costs, the state board shall refund the excess amount to the applicant within sixty (60) days of final action on the application.
(D) For the purposes of this subsection (b)(2), the reasonable costs of processing the application include the state board's reasonable costs incurred in anticipation of the filing of an application, including participation in pre-filing consultation and any investigations or studies to evaluate the impacts of the proposed activity, to the extent that these costs are reasonably necessary to process the subsequently filed application. The state board's reasonable costs include any reasonable costs of processing the application incurred by a regional board at the state board's request. The state board may seek reimbursement of costs pursuant to this subsection (b)(2) only after the applicant has submitted an application to the state board.
(E) If the activity subject to water quality certification is also the subject of a pending application, petition, or registration subject to section 1062, 1064, 1067 or 1068 of this division, and the application, petition, or registration is filed before or simultaneously with the application for certification, the applicant shall pay only the fees imposed under chapter 5 (commencing with section 1061) of this division, and no additional deposit is required under this subsection (b)(2).
(3) If the activity is not subject to Subsection (b)(1) or (b)(2) of this Section, then:
(A) An initial deposit of $500 shall accompany all applications.
(B) The total fee, including deposit, for taking any certification action shall be the appropriate one-time amount determined from Section 2200, Title 23, of the California Code of Regulations.
(C) If waste discharge requirements or a waiver of waste discharge requirements are to be issued in conjunction and simultaneously with taking action on the application for water quality certification, or the project is to be regulated through general waste discharge requirements or general waivers thereof, the applicant shall pay only one fee. If action is taken on the application for water quality certification, but waste discharge requirements or a waiver of waste discharge requirements are later issued for the same or revised activity, the applicant shall pay a new fee for the subsequent waste discharge requirements.
(4) If a revised application for water quality certification is filed for the same project that had been previously denied certification without prejudice or when an original application is voluntarily withdrawn by the applicant pursuant to Subsections 3835(b), 3836(b), 3836(c), or 3838(c) of this Chapter, the revised application shall be accompanied by any unpaid fee or portion thereof for the original application. Except as provided in this Section, no additional fee shall be required for the revised application if:
(A) the revised application is filed within twelve (12) months of the denial without prejudice or voluntary application withdrawal,
(B) the revised application package corrects the procedural problems which caused the original denial without prejudice or voluntary application withdrawal, and
(C) the project has not changed significantly in scope or potential for adverse impact (i.e., no further technical review is necessary).
(c) The fee for processing an application if a specific fee is not established under this section shall be set at the hourly rate specified in Section 2200.4, Title 23, of the California Code of Regulations. An initial deposit of $500 shall accompany all such applications.
(d) The fees described in this Section do not include the costs of preparation of any CEQA document, should one be required.
(e) Denial of certification shall not be grounds for refund of any part of a certification application fee.
(f) If the applicant is a federal agency, the fees described in this Section apply to the extent authorized by federal law.
NOTE
Authority cited: Sections 1058 and 13160.1, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 33 USC Section 1341; and Sections 1060, 13160 and 13160.1, Water Code.
HISTORY
1. Amendment filed 8-1-90 as an emergency; operative 8-1-90. Submitted to OAL for printing only pursuant to Water Code section 13262 (Register 90, No. 39).
2. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
3. Amendment of section heading, section and Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§3833.1. Annual Fees for FERC Licensed Hydroelectric Projects.
Note • History
(a) Each applicant seeking water quality certification for an activity that includes, or involves construction or modification of facilities for the purpose of, producing hydroelectric power, where the activity or facilities require the issuance or amendment of a FERC license, shall pay an annual fee in accordance with this section.
(b)(1) An annual fee calculated pursuant to paragraphs (4) and (5) shall apply in each fiscal year (July 1 through June 30) during or after the year in which review in anticipation of consideration of certification is initiated as specified in paragraph (2) and until and including the fiscal year in which certification and related federal proceedings are complete as specified in paragraph (3).
(2) Review in anticipation of consideration of certification shall be deemed to have been initiated when any of the following occurs or has occurred:
(A) A notice of intent is filed pursuant to 18 CFR §5.5 or 18 CFR §16.6.
(B) Consultation is initiated pursuant to 18 CFR §4.38.
(C) An application for water quality certification is filed.
(3) Certification and related proceedings shall be deemed to have been completed when any of the following occurs:
(A) FERC issues or denies the license or license amendment for which review in anticipation of consideration of certification was initiated.
(B) FERC determines that no license, other than a license already in effect, or license amendment is required.
(C) The applicant abandons the proposed activity, including withdrawal or surrender of any applicable notification of intent, FERC preliminary permit, FERC license application, or other application for FERC approval.
(4) The annual fee shall be $1,000 plus $0.342 per kilowatt, based on the authorized or proposed installed generating capacity of the hydroelectric facility.
(A) In the case of an application for an original, new or subsequent license, as those terms are used in Parts 4, 5 and 16 of Title 18 of the CFR, the annual fee shall be based on the installed generating capacity of the facility as proposed in the notification of intent, application for FERC license, application for certification, or existing license that is proposed for takeover or relicensing, whichever is greatest.
(B) In the case of a proposed amendment to an existing FERC license, the component of the fee based on installed generating capacity shall be based on the amount by which the installed generating capacity of the hydroelectric facility would be increased by the proposed amendment.
(5) If an applicant for certification has paid any deposit pursuant to subdivision (b) of section 3833 as that subdivision was in effect before January 1, 2004, the state board shall credit against the annual fee specified in paragraph (4) any portion of that deposit that was for costs incurred after June 30, 2003. If an applicant for certification was required to pay but did not pay any deposit pursuant to subdivision (b) of section 3833 as that subdivision was in effect before January 1, 2004, the annual fee shall include any unpaid deposit, less any portion of that unpaid deposit that was for costs incurred after June 30, 2003, in addition to the annual fee specified in paragraph (4).
(6) If an application for certification is filed for an activity for which no annual fees have previously been imposed, the annual fee shall be due upon filing of the application for certification, and shall be paid to the state board. In all other cases, the annual fee shall become due thirty days after the State Board of Equalization gives notice of the fee, and shall be paid to the State Board of Equalization.
(c)(1) The holder of any FERC license for a hydroelectric project for which water quality certification has been issued shall pay an annual fee in the amount of $100 plus $0.125 per kilowatt, based on the authorized installed generating capacity of the hydroelectric project.
(2) The fee imposed under this subdivision shall not apply in the fiscal year when the FERC license is issued if an annual fee is imposed in that fiscal year pursuant to subdivision (b).
(3) The annual fee imposed under this subdivision shall be due thirty days after the State Board of Equalization gives notice of the fee, and shall be paid to the State Board of Equalization.
(d)(1) A determination by the state board that an applicant is required to pay a fee under this section or paragraph (1) of subdivision (b) of section 3833, and any determination by the state board regarding the amount of that fee, is subject to review under chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code. Any petition by an applicant to the state board for review shall be submitted in accordance with that chapter and article 12 (commencing with section 768) of chapter 2 of division 3 of this title.
(2) If the subject of a petition for reconsideration relates to an annual fee, other than an annual fee first required to be paid pursuant to paragraph (1) of subdivision (b) of section 3833, the board's decision regarding an annual fee shall be deemed adopted on the date of assessment by the State Board of Equalization. The petition must be received by the board within 30 days of the date of assessment by the State Board of Equalization.
NOTE
Authority cited: Section 13160.1, Water Code. Reference: Section 13160.1, Water Code.
HISTORY
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (b)(4) and (c)(1) filed 10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action remains in effect until revised by the State Water Resources Control Board.
3. Amendment of subsections (b)(4) and (c)(1) filed 10-21-2005 as an emergency; operative 10-21-2005. Water Code section 13160.1 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2005, No. 42).
4. Change without regulatory effect amending subsection (b)(2)(A) filed 1-29-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 5).
5. Editorial correction of History 3 (Register 2008, No. 45).
6. Amendment of subsection (b)(3)(C), (b)(4) and (c)(1) filed 11-5-2008 as an emergency; operative 11-5-2008. Water Code section 13160.1 provides that this filing shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board (Register 2008, No. 45).
7. Amendment of subsections (a)(4) and (c)(1) filed 11-17-2010 as an emergency; operative 11-17-2010 (Register 2010, No. 47). Water Code section 13160.1 provides that the regulation shall be deemed an emergency and shall remain in effect until revised by the State Water Resources Control Board.
§3834. Amendments to Applications.
Note • History
An amendment to an application prior to a certification action being taken shall be submitted in the same manner as the original application and shall be considered a part of the application it amends. No additional fee shall be required for an amendment to an application prior to a certification action unless the activity's size, design, scope, or potential for adverse impact has changed significantly, prompting the need for further technical or administrative review or otherwise triggering a larger fee as required pursuant to Section 3833 of this Chapter.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 13160 and 13160.1, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3835. Complete, Incomplete, and Valid Applications.
Note • History
(a) Upon receipt of an application, it shall be reviewed by the certifying agency to determine if it is complete. If the application is incomplete, the applicant shall be notified in writing no later than 30 days after receipt of the application, of any additional information or action needed.
(b) If an application is determined to be incomplete by the certifying agency, an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire before the certifying agency can receive and properly review the missing information, the certifying agency shall deny without prejudice certification for any discharge resulting from the proposed activity unless the applicant in writing withdraws the request for certification.
(c) When a complete application is received, the applicant, the federal agency, and EPA shall be notified no later than 30 days after receipt of the application.
(d) A request for certification shall be considered valid if and only if a complete application is received by the certifying agency.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Section 13160, Water Code; Sections 44533 and 44539, Health and Safety Code; and Section 65943, Government Code.
HISTORY
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3836. Additional Information.
Note • History
(a) Once a certifying agency determines that an application is complete, it may request further information from the applicant. Such information must clarify, amplify, correct, or otherwise supplement the contents of a complete application in order for the certifying agency to determine whether a certification should be issued. Supplemental information may include evidence of compliance with appropriate requirements of a water quality control plan.
(b) If an application is determined to be complete by the certifying agency but supplemental information is requested by the certifying agency pursuant to Subsection (a) of this Section, an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire before the certifying agency can receive and properly review the supplemental information, the certifying agency shall deny without prejudice certification for any discharge resulting from the proposed activity unless the applicant in writing withdraws the request for certification.
(c) If an application is determined to be complete by the certifying agency, but CEQA requires that the certifying agency review a final environmental document before taking a certification action, an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire before the certifying agency can receive and properly review the necessary environmental documentation, the certifying agency shall deny without prejudice certification for any discharge resulting from the proposed activity unless the applicant in writing withdraws the request for certification.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; 40 CFR Section 121.2; Sections 13160 and 13160.1, Water Code; Sections 44533 and 44539, Health and Safety Code; Sections 21100 and 21100.2, (CEQA) Public Resources Code; and Section 15111, State CEQA Guidelines.
HISTORY
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3837. Denial of Certification.
Note • History
(a) If certification is denied, the applicant shall be notified in writing of the denial and the reasons for the denial. Written notification of the denial shall be sent to the applicant, the state board or appropriate regional board(s), the federal agency, EPA, and other persons and agencies known to be interested no later than three (3) days after taking the certification (denial) action.
(b) An application for water quality certification may be denied when:
(1) the activity requiring a federal license or permit will result in a discharge which will not comply with applicable water quality standards and other appropriate requirements; or
(2) compliance with water quality standards and other appropriate requirements is not yet necessarily determined, but the application suffers from some procedural inadequacy (e.g., failure to provide a complete fee or to meet CEQA requirements). In this case denial shall be without prejudice.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Section 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3838. Authority of Executive Director, Executive Officers, and Regional Boards.
Note • History
(a) The executive director, or his/her designee, is authorized to take all actions connected with applications for certification, including issuance and denial of certification.
(b) An executive officer is authorized to receive applications for water quality certification and to take water quality certification action on activities associated with such applications within the executive officer's region of jurisdiction, except as otherwise provided in Subsection 3855(b) of this Chapter.
(c) A regional board, at its discretion, may take any action its executive officer is authorized to take under Subsection (b) of this Section. If a regional board directs that a water quality certification action will be taken by that regional board, but an extension of the federal period for certification cannot be obtained, and the federal period for certification will expire before the regional board can take an action, the executive officer shall deny without prejudice certification for any discharge resulting from the proposed activity before the period allowed for certification expires, unless the applicant in writing withdraws the request for certification. Such denial shall be in effect only until the regional board takes an action on the request for certification. The applicant shall not be required to submit a new application or supply an additional fee before the regional board takes an action, unless the project changes significantly in scope or potential for adverse impact and further technical review is necessary.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 1059 and 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Article 2. Tax Certifications
§3841. Application Forms; Compliance with Federal Regulations.
Note
(a) Applications shall be made on forms provided by EPA.
(b) Issuance of Tax Certifications is subject to compliance with applicable federal regulations (current federal regulations are contained in 40 CFR Part 20).
NOTE
Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20.
Note
The application shall be filed with the executive officer of the regional board having jurisdiction over any discharge. If no discharge will occur, the application shall be filed with the executive officer of the regional board having jurisdiction over the site of the facility.
NOTE
Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20.
§3843. Reports of Waste Discharge.
Note
The application shall be accompanied by a report of waste discharge or a report of material change in waste discharge as required by Water Code Section 13260 unless there are existing waste discharge requirements for the facility, or the facility discharges to a community sewer system.
NOTE
Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20.
Note
(a) The regional board executive officer shall promptly review the completed application and shall recommend either issuance or denial of the certification by the state board. A recommendation to deny shall be accompanied by a report detailing the reasons for the recommendation.
(b) If the review indicates that adoption or revision of waste discharge requirements is necessary, action to adopt or revise the waste discharge requirements shall be immediately undertaken.
NOTE
Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20.
§3845. Issuance of Certification.
Note
(a) After review of the regional board recommendation, the executive director shall issue or deny the certification.
(b) The certification shall be issued if the executive director determines that the facility is in conformity with state programs and requirements for abatement or control of water pollution.
(c) If issued, the certification will be forwarded to EPA. A copy of the certification will be sent to the appropriate regional board and the applicant.
NOTE
Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Reference: 26 USC 169, 40 CFR 20.
Article 3. Small Business Certifications
§3848. Federal Regulations; Delegation.
Note • History
NOTE
Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21.
HISTORY
1. Repealer of article 3 (sections 3848-3852) and section filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§3849. Filing of Applications.
Note • History
NOTE
Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21.
HISTORY
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§3850. Content of Applications.
Note • History
NOTE
Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21.
HISTORY
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§3851. Review and Issuance of Certifications.
Note • History
NOTE
Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21.
HISTORY
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§3852. Utilization of Certification.
Note • History
NOTE
Authority cited: Sections 1058 and 13160, Water Code. Reference: 15 USC 636, 40 CFR 21.
HISTORY
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Article 4. Water Quality Certification
Note • History
(a)(1) An application for water quality certification shall be filed with the regional board executive officer in whose region a discharge may occur except as provided in Subsection (b) of this Section.
(2) Notice of the application shall be sent by the applicant to the state board executive director whenever the proposed activities may involve a FERC-licensed facility.
(b)(1) An application for water quality certification shall be filed with the state board executive director, and notification of the application provided by the applicant to each regional board executive officer in whose region a discharge may occur, whenever a potential discharge from a proposed activity:
(A) may fall under the jurisdiction of more than one regional board, or
(B) is involved or associated with one or more of the following:
1. an appropriation of water, subject to Part 2 (commencing with Section 1200) of Division 2 of the Water Code;
2. a hydroelectric facility, and the proposed activity requires a FERC license or amendment to a FERC license; or
3. any other diversion of water for domestic, irrigation, power, municipal, industrial, or other beneficial use.
(2)(A) For an application subject to Subsection (b)(1)(A) of this Section, copies of the application shall be provided by the applicant to the executive officers of those regional board regions that may be affected by a proposed activity. Those executive officers shall transmit to the executive director, before the federal period for certification expires, any appropriate recommendations and conditions necessary to ensure that the proposed activities will comply with water quality standards and other appropriate requirements within their regions.
(B) For applications subject to Subsection (b)(1)(B) of this Section, the executive director shall forward to the executive officer of the appropriate regional board copies of any portions of the application that may be relevant to adverse water quality impacts, other than specific impacts resulting from alteration/modification to instream flows, from the proposed activity. The executive officer shall review for water quality concerns the relevant portions of the application and transmit back to the executive director any appropriate recommendations and conditions necessary to ensure that the activity will comply with water quality standards and other appropriate requirements.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059 and 13160, Water Code.
HISTORY
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3856. Contents of a Complete Application.
Note • History
A complete application shall include all of the following information and items:
(a) The name, address, and telephone number of:
(1) the applicant, and
(2) the applicant's agent (if an agent is submitting the application).
(b) A full, technically accurate description, including the purpose and final goal, of the entire activity.
(c) Complete identification of all federal licenses/permits being sought for or applying to the proposed activity, including the:
(1) federal agency;
(2) type (e.g., individual license, regional general permit, nationwide permit, etc.);
(3) license/permit number(s) (e.g., nationwide permit number), if applicable; and
(4) file number(s) assigned by the federal agency(ies), if available.
(d) Complete copies of either:
(1) the application(s) for federal license(s)/permit(s) being sought for the activity, or,
(2) if no federal applications are required, any notification(s) concerning the proposed activity issued by the federal agency(ies), or,
(3) if no federal notifications are issued, any correspondence between the applicant and the federal agency(ies) describing or discussing the proposed activity.
If no application, notification, correspondence or other document must be exchanged between the applicant and federal agency(ies) prior to the start of the activity, the application shall include a written statement to this effect.
(e) Copies of any final and signed federal, state, and local licenses, permits, and agreements (or copies of the draft documents, if not finalized) that will be required for any construction, operation, maintenance, or other actions associated with the activity. If no final or draft document is available, a list of all remaining agency regulatory approvals being sought shall be included.
If the federal licenses or permits required for the activity include a FERC license or amendment to a FERC license, a complete copy of a draft application for the FERC license or amendment of the FERC license meeting the requirements of Subsection 4.38(c)(4) of Title 18 of the Code of Federal Regulations is required.
(f) A copy of any draft or final CEQA document(s), if available, prepared for the activity. Although CEQA documentation is not required for a complete application, the certifying agency shall be provided with and have ample time to properly review a final copy of valid CEQA documentation before taking a certification action.
(g) The correct fee deposit, as identified in Section 3833 of this Chapter.
(h) A complete project description, including:
(1) Name(s) of any receiving water body(ies) that may receive a discharge.
(2) Type(s) of receiving water body(ies) (e.g., at a minimum: river/streambed, lake/reservoir, ocean/estuary/bay, riparian area, or wetland type).
(3) Location of the activity area in latitude and longitude, in township/range, or clearly indicated on a published map of suitable detail, quality, and scale to allow the certifying agency to easily identify the area and water body(ies) receiving any discharge.
(4) For each water body type reported under Subsection (h)(2) of this Section, the total estimated quantity of waters of the United States that may be adversely impacted temporarily or permanently by a discharge or by dredging.
The estimated quantity of waters to be adversely impacted by any discharge shall be reported in acres and (for channels, shorelines, riparian corridors, and other linear habitat) linear feet, except that dredging estimates shall be reported in cubic yards.
(5) The total estimated quantity (in acres and, where appropriate, linear feet) of waters of the United States, by type (see Subsection (h)(2) of this Section) proposed to be created, restored, enhanced, purchased from a mitigation or conservation bank, set aside for protection, or otherwise identified as compensatory mitigation for any anticipated adverse impacts. If compensatory mitigation is to be provided in some other form, that shall be explained.
(6) A description of any other steps that have been or will be taken to avoid, minimize, or compensate for loss of or significant adverse impacts to beneficial uses of waters of the state.
(7) The total size (in acres), length (in feet) where appropriate, type, and description of the entire project area, including areas outside of jurisdictional waters of the United States.
(8) A brief list/description, including estimated adverse impacts of any projects implemented by the applicant within the last five years or planned for implementation by the applicant within the next five years that are in any way related to the proposed activity or that may impact the same receiving water body(ies) as the proposed activity. For purposes of this item, the water body extends to a named source or stream segment identified in the relevant basin plan.
A complete application for water quality certification need not contain unnecessarily duplicative information. If the copy of a federal application contains information requested in this Section, that specific information need not be provided elsewhere in the application provided that the application clearly indicates where all required information and items are to be found.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; 40 CFR Section 121.2; Sections 13160 and 13160.1, Water Code; and Section 21080, Public Resources Code.
HISTORY
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3857. Waste Discharge Requirements.
Note • History
Nothing in this article is intended to limit or prevent the state board or regional boards in any way from issuing or waiving issuance of waste discharge requirements for any activity.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 13160, 13260 and 13263; Water Code.
HISTORY
1. Amendment of section heading, repealer and new section, and amendment of Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3858. Public Notice and Hearings.
Note • History
(a) The executive director or the executive officer with whom an application for certification is filed shall provide public notice of an application at least twenty-one (21) days before taking certification action on the application, unless the public notice requirement has been adequately satisfied by the applicant or federal agency. If the applicant or federal agency provides public notice, it shall be in a manner and to an extent fully equivalent to that normally provided by the certifying agency. If an emergency requires that certification be issued in less than 21 days, public notice shall be provided as much in advance of issuance as possible, but no later than simultaneously with issuance of certification.
(b) The state board or a regional board may hold a public hearing with respect to any application for certification.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 179, 183, 1059 and 13160, Water Code.
HISTORY
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3859. Action on an Application.
Note • History
(a) After review of the application, all relevant data, and any recommendations of a regional board, other state and federal agencies, and any interested person, the state board, the executive director, when acting as the state board's designee, or executive officer, as provided in Subsection (c) of this Section, shall issue certification or deny certification for any discharge resulting from a pertinent activity before the federal period for certification expires. Conditions shall be added to any certification, if necessary, to ensure that all activities will comply with applicable water quality standards and other appropriate requirements. Copies of any certification or denial of certification issued shall be sent to the applicant, the state board (if not the certifying agency), appropriate regional board(s) (if not the certifying agency[ies]), EPA, the federal agency, and all other parties known to be interested no later than three (3) days, after taking the certification action. A written certification or denial shall include:
(1) the name(s) of the receiving water body(ies) and the number(s) of the hydrologic unit(s) that contain(s) the receiving water body(ies), if available;
(2) the certification action being taken and a complete list of any conditions; and
(3) a suitable summary of the information provided by the applicant as listed in Subsections 3856(a), (b), (c), and (h) of this Chapter.
(b) After such review, if it is clear that all proposed activity(ies) will comply with water quality standards and other appropriate requirements, the state board, executive director, regional board, or executive officer, as provided in Subsection 3859(c) of this Chapter, may issue a standard certification, subject only to the conditions in Section 3860 of this Chapter.
(c) For applications submitted pursuant to Subsection 3855(a) of this Chapter, the regional board or executive officer shall take a certification action under this Section. For applications submitted pursuant to Subsection 3855(b) of this Chapter, the state board or executive director shall take a certification action under this Section.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059 and 13160, Water Code.
HISTORY
1. Amendment of section heading, section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note • History
The following shall be included as conditions of all water quality certification actions:
(a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section 13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter.
(b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection 3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the applicant.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059, 13160, 13160.1 and 13321, Water Code.
HISTORY
1. New section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§3861. Water Quality Certification for Classes of Activities.
Note • History
(a) A certifying agency may, on its own motion, take a “general” certification action on discharges within its own geographic area of jurisdiction that may result from a class or classes of activities. No application is required for a general certification action issued under this Section.
(b) A class of activities receiving general certification shall:
(1) consist of the same or similar types of activities;
(2) involve the same or similar types of discharges and possible adverse impacts requiring the same or similar certification conditions or limitations in order to alleviate potential adverse impacts to water quality; and
(3) be determined by the certifying agency to more appropriately be regulated under a general certification action than under individual certification actions.
(c) General certification:
(1) shall apply only to activities subject to federal licenses and permits, issued in reliance on such certification, during a fixed term not to exceed five years after the general certification is issued;
(2) shall require public notification at least 45 days before general certification is issued;
(3) shall be conditioned to require subsequent notification to the appropriate regional board(s) and to the state board by proponents of projects to which the action applies no less than 21 days before any activity which may result in a discharge is commenced; and to include appropriate monitoring and agency-reporting requirements for all activities subject to federal licenses and permits issued in reliance on such certification;
(4) may require payment of the notification fee from Subsection 3833(b)(3) of this Chapter by project proponents;
(5) shall meet all other applicable requirements of this Chapter and CEQA.
(d) A certifying agency may issue general certification only if the activities to be certified individually or cumulatively will not have any of the following impacts, taking into account the probable effectiveness of any conditions or certification in avoiding or mitigating such impacts:
(1) Significant adverse impacts on water quality that could feasibly be avoided if individual certification, for proposed activities seeking individual federal licenses or permits, was issued.
(2) Violation of any water quality objectives adopted or approved under Sections 13170 or 13245 of the Water Code.
(3) The taking of any candidate, threatened, or endangered species or the violation of the federal Endangered Species Act (16 USC Section 1531 et seq.) or the California Endangered Species Act (Fish and Game Code Section 2050 et seq.).
(4) Exposure of people or structures to potential substantial adverse effects -- including the risk of loss, injury, or death -- from flooding, landslides, or soil erosion.
(e) The certifying agency may review and revise or revoke (change) a general certification. Any change to a general certification made by the certifying agency pursuant to this subsection shall not apply to activities subject to a federal license or permit issued before such a change is made.
NOTE
Authority cited: Section 1058, Water Code. Reference: 33 USC Section 1341; and Sections 1059, 13160, 13160.1 and 13321, Water Code.
HISTORY
1. New section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Article 5. Pollution Control Certifications
§3862. Filing of Applications.
Note
All applications for Pollution Control Certification shall be filed with the California Pollution Control Financing Authority as a part of any application for financing from the Authority.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 44533 and 44539, Health and Safety Code.
§3863. Contents of Application.
Note
Applications shall include:
(a) A detailed description of the proposed project, the need for the project and the manner in which the project, as designed, will further compliance with federal, state or local water pollution standards and requirements.
(b) A copy of the federal, state or local water pollution standard and requirement involved.
(c) A copy of any report of waste discharge filed by the applicant in connection with the project, and any waste discharge requirements adopted or proposed for the project.
(d) If the project involves wastewater treatment facilities, a detailed description of how the facilities will be operated, including operating procedures, organizational structure, minimum personnel requirements for proper operation and maintenance, and operator training programs.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 44533 and 44539, Health and Safety Code.
§3864. Review of Applications, Issuance of Certifications.
Note
(a) Applications will normally be reviewed and certifications issued by the regional board having jurisdiction over any discharge of waste to waters of the state connected with the project. If the project does not involve a discharge, review and certification will be handled by the regional board having jurisdiction over the site of the project.
(b) Upon request of the Authority, or of a regional board, review and issuance of certification may be handled by the state board.
NOTE
Authority cited: Section 1058, Water Code. Reference: Sections 44533 and 44539, Health and Safety Code.
Article 6. Petitions to State Board
§3867. Petitions for State Board Reconsideration.
Note • History
(a)(1) An aggrieved person may petition the state board to reconsider an action or failure to act taken by the executive director, a regional board, or an executive officer under Articles 1 through 5 of this Chapter. The executive director may be designated by the state board to reconsider such an action or failure to act by an executive officer or regional board.
(2) A fee determination under subdivision (1) of subdivision (b) of section 3833 or section 3833.1, made by the state board or by an officer or employee of the board acting under delegated authority, is subject to reconsideration in accordance with chapter 4 (commencing with Section 1120) of part 1 of division 2 of the Water Code and the procedures set forth in Article 12 (commencing with section 768) of chapter 2 of division 3 of this title, and is not subject to the procedures set forth in this section. The petition also shall specify why the petitioner believes that no fee is due or how the petitioner believes that the amount of the fee has been miscalculated.
(b)(1) The state board and the executive director, when acting as the state board's designee, may undertake such reconsideration on their own motion. They shall notify the applicant (if any), the federal agency, and all interested persons known to the state board or executive director and give those notified the opportunity to submit information and comments before taking a final reconsideration action (as listed in Subsection 3869(a) of this Chapter).
(2) If such reconsideration is initiated more than thirty (30) days after the certification action in question, any rescission or amendment of the certification action resulting from such reconsideration shall not apply to any activities subject to a federal license or permit that:
(A) was issued in reliance on that certification action, and
(B) was issued before the federal agency was notified that such reconsideration had been initiated.
(3) Nothing in Subsection (b) of this Section is intended to limit the authority of a federal agency to issue a new or amended license or permit that incorporates any changes ordered by the state board or executive director following reconsideration of a certification action.
(c) A petition for reconsideration shall be submitted in writing to and received by the state board within 30 days of any action or failure to act taken by the executive director, a regional board, or an executive officer under Articles 1 through 5 of this Chapter.
(d) A petition shall contain:
(1) the name, address, and telephone number of the petitioner;
(2) the specific action or failure to act which the state board is requested to reconsider and a copy of any document issuing or denying certification that is referred to in the petition;
(3) the date on which the certification action or failure to act occurred;
(4) a full and complete statement of reasons why the action or failure to act was inappropriate or improper;
(5) the manner in which the petitioner is aggrieved;
(6) the specific action by the state board which the petitioner requests;
(7) a list of persons, if any, other than the petitioner and applicant, if not the petitioner, known to have an interest in the subject matter of the petition;
(8) a statement that the petition has been sent to the appropriate regional board or executive officer and to the applicant, if not the petitioner; and
(9) a copy of a request to the executive director or appropriate executive officer for preparation of the state board or regional board staff record, if applicable and available, which will include a tape recording or transcript of any pertinent regional board or staff hearing.
(10) A summary of the manner in which and to what extent the petitioner participated in any process (e.g., public hearing testimony, discussion with agency personnel, correspondence), if available, leading to the action or failure to act in question. If a process for participation was available, but the applicant did not participate, the petition shall include an explanation for the petitioner's failure to participate.
NOTE
Authority cited: Sections 1058 and 13160.1, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186, 1059, 13160 and 13160.1, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
2. Amendment of subsections (a)-(b) and amendment of Note filed 12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action remains in effect until revised by the State Water Resources Control Board.
§3867.1. Response to Complete Petitions.
Note • History
After receipt of a petition that complies with Section 3867 of this Chapter, the state board or executive director, if acting as the state board's designee, shall give written notification to the petitioner, applicant (if not the petitioner), appropriate executive officer(s), appropriate regional board(s), and other interested persons that they shall have 20 days from the date of mailing such notification to file a response to the petition with the state board. Respondents to petitions shall also send copies of their responses to the petitioner, the applicant (if not the petitioner), and the appropriate executive officer(s). The executive director or executive officer shall file the record specified in Subsection 3867(d)(9) of this Chapter with the state board within this 20-day period. The time for filing a response may be extended by the state board or executive director, if acting as the state board's designee.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186, 1059 and 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. New section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note • History
After receipt of a petition that does not comply with Section 3867 of this Chapter, the petitioner will be notified in what respect the petition is defective and the time within which an amended petition may be filed. If a properly amended petition is not received by the state board within the time allowed, the petition shall be dismissed unless good cause is shown for an extension of time.
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186, 1059 and 13160, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note • History
(a) Following examination of the petition and any necessary portion of the record, the state board or executive director, when acting as the state board's designee, may:
(1) refuse to reconsider the action or failure to act of the executive director (state board only), regional board, or executive officer if the petition fails to raise substantial issues that are appropriate for reconsideration;
(2) deny the petition upon a finding that the original action or failure to act was appropriate and proper;
(3) set aside or modify, if possible, the previous action or take new appropriate action; or
(4) direct the executive director (state board only), executive officer, or regional board to take appropriate action.
(b) The state board or executive director, if acting as the state board's designee, may augment the record by:
(1) requesting additional written material; or
(2) holding a public hearing, pursuant to the State Board's hearing regulations (Title 23, California Code of Regulations, Sections 648-648.8).
Whenever additional written material is to be added to the record, the state board or executive director, if acting as the state board's designee, shall provide written notification to all interested persons concerning the nature and kind of the additional written material, that the additional material may be viewed and copied at the offices of the state board, and that they shall have 30 days from the date of mailing such notification to file written comments concerning the additional information with the state board.
(c) The state board or executive director, when acting as the state board's designee, may hold action on a petition in abeyance if agreed upon in writing by the petitioner and the applicant (if not the petitioner).
(d) An aggrieved person may petition the state board or executive director, when acting as the state board's designee, for a stay of the effect of an action under this Chapter by a regional board, executive officer, or the executive director (state board only). Petitions for a stay are subject to the following requirements:
(1) A stay shall be granted only if the petitioner alleges facts and produces proof of:
(A) substantial harm to the petitioner or to the public interest if the stay is not granted;
(B) lack of substantial harm to other interested persons and the public interest if a stay is granted, or the harm which would result from the stay being granted substantially outweighed by the harm which would occur if no stay is granted; and
(C) substantial questions of fact or law regarding the disputed action.
(2) A petition for a stay shall be supported by an affidavit from a person or persons having knowledge of the facts alleged. Upon a documented showing by the petitioner that it complies with the prerequisites for a stay, the state board or the executive director (when not the originator of the action in question) may hold a hearing. A request for a stay may be issued or denied without a hearing. If a hearing is held, notice shall be given in such manner and to such persons, in addition to the petitioner, as the board or executive director (when not the originator of the action in question) deems appropriate.
(3) Nothing in Subsection 3869(d)(1) of this Chapter shall preclude the state board or executive director, when acting as the state board's designee, from issuing a stay of the effect of an action under this Chapter by a regional board, an executive officer, or the executive director (state board only), upon their own motion. The requirement for an affidavit may be waived by the state board or the executive director (when not the originator of the action in question).
NOTE
Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186 and 1059, Water Code; and Sections 44533 and 44539, Health and Safety Code.
HISTORY
1. Amendment of section heading, repealer and new section, and amendment of Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Chapter 29. Contracting with Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, or Construction Project Management Firms
Note • History
As used in this chapter:
(a) “Architectural, landscape architectural, engineering, environmental, and land surveying services,” “construction project management,” and “environmental services” have the same meaning as defined in Section 4525 of the Government Code.
(b) “Board” means either the State Water Resources Control Board or a California Regional Water Quality Control Board.
(c) “Disabled veteran business enterprise” has the same meaning as defined in Section 999 of the Military and Veterans Code.
(d) “Emergency” has the same meaning as defined in Section 1102 of the Public Contract Code.
(e) “Firm” means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(f) “Small business firm” has the same meaning as defined in Section 14837 of the Government Code.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4525-4529.10 and 14837, Government Code; Section 999, Military and Veterans Code; and Section 1102, Public Contract Code.
HISTORY
1. New chapter 29 (sections 3870-3880) and section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New chapter 29 (sections 3870-3880) and section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New chapter 29 (sections 3870-3880) and section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§3871. Establishment of Criteria.
Note • History
(a) Each time the board intends to contract with a firm for a service identified in Section 3870, subdivision (a), the board shall utilize the following criteria for selecting a firm:
(1) the firm's professional experience in performing similar services;
(2) the quality and timeliness of the firm's recently completed or ongoing work;
(3) the firm's reliability, continuity, and location;
(4) the firm's staffing capability;
(5) the education and experience of key personnel the firm intends to assign to the contract;
(6) the firm's knowledge of applicable regulations and technology associated with the services required; and
(7) other factors the board deems relevant to the specific task to be performed.
(b) The board shall weigh the factors identified in subdivision (a) according to the nature of the proposed project, the complexity and special requirements of the specific project, and the needs of the board.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527, 4529.5 and 4529.12, Government Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Note • History
(a) The board shall publish a statewide announcement of the proposed project.
(b) In addition to the announcement specified in subdivision (a), the board may publish an annual statewide announcement requesting the submittal of qualifications from firms wanting to be included on regional lists of potentially available firms.
(c) An announcement issued pursuant to subdivision (a) or (b) shall be published in the California State Contracts Register, in accordance with title 2, division 3, part 5.5, chapter 6 of the Government Code (commencing with Section 14825), and in at least one print or electronic publication of an appropriate professional society. Failure of a professional society to publish the announcement shall not invalidate a contract. In addition to these publications, an announcement issued pursuant to subdivision (a) shall be sent to firms on current applicable annual regional lists, if any.
(d) The board may maintain a mailing list of firms that have requested announcements issued pursuant to subdivisions (a) or (b) and published pursuant to subdivision (c). The board may provide copies of announcements to those firms. Failure of the board to send a copy of an announcement to a firm shall not invalidate a contract.
(e) An announcement issued pursuant to subdivision (a) shall contain the following information:
(1) a description of the work to be performed;
(2) the criteria upon which the award will be based;
(3) submittal requirements and deadlines; and
(4) the name and phone number of a person to contact for further submittal information.
(f) An announcement issued pursuant to subdivision (b) shall contain the following information:
(1) a request for a statement of qualifications and performance data;
(2) a description of the type of services that the statement should address;
(3) an explanation of how the information will be used to hire firms, including geographical limitations and expiration dates;
(4) submittal requirements and deadlines; and
(5) the name and phone number of a person to contact for further submittal information.
(g) The board shall endeavor to identify potentially qualified small business firms interested in contracting with the board, and shall provide copies of the announcements to those small business firms that have indicated an interest in receiving the announcements. Failure of the board to send a copy of an announcement to a firm shall not invalidate a contract.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.12, Government Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of subsection (c), new subsection (d), subsection relettering and amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§3873. Selection of Qualified Firms.
Note • History
(a) After the final response date stated in the announcement issued pursuant to Section 3872, subdivision (a), the board shall review the written responses to the announcement together with statements of qualifications submitted by firms on the current applicable annual regional list, if any, for the region in which the contract will be performed. The board shall evaluate submissions using the selection criteria contained in the announcement issued pursuant to Section 3872, subdivision (a). The board shall rank, in order of preference based on the criteria set forth in the announcement, the firms determined to be qualified to perform the required services.
(b) The board shall conduct interviews with no fewer than the three highest ranked firms to discuss qualifications and methods for furnishing the required services.
(c) From the interviewed firms, the board shall select, in order of preference, no fewer than three firms determined to be the most highly qualified to perform the required services.
(d) In the event the board concludes that there are fewer than three firms determined to be qualified to perform the required services, the board may proceed by interviewing all the firms determined to be qualified. Failure of the board to interview three firms shall not invalidate a contract if the board interviews all firms that the board determines to be qualified to perform the required services.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4527 and 4529.12, Government Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§3874. Estimate of Value of Services.
Note • History
(a) Before interviewing a firm, the board shall prepare an estimate of the value of the proposed project based upon accepted rates for comparable services. The estimate shall serve as a guide during contract negotiations to evaluate a fair and reasonable compensation.
(b) If at any time the board determines its estimate to be unrealistic due to changing market costs, special conditions, or other relevant considerations, the board shall reevaluate and modify the estimate as necessary.
(c) The board's estimate shall remain confidential until the award of the contract or abandonment of any further procedure for the services to which it relates.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4528 and 4529.12, Government Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Note • History
(a) The board shall implement the following procedure to negotiate fees and execute a contract:
(1) notify the successful firm of its selection;
(2) provide the firm with written instructions for the ensuing negotiations;
(3) begin negotiations within 14 days of the firm's receipt of selection notification or upon receipt of the firm's cost proposal or, if additional time is necessary, notify the firm of a later negotiation date;
(4) if an agreement is successfully negotiated, the board and the firm shall proceed to execute a contract so that the board may complete the contract within 45 days of the date the contract is signed by the board and the firm. The board shall notify the firm if additional time is necessary to complete the contract.
(b) The board shall attempt to negotiate a satisfactory contract with the firm most highly qualified to perform the required services, as selected according to Section 3873, at a compensation that the board determines is fair and reasonable. If the board is unable to negotiate a satisfactory contract, the board shall terminate negotiations with that firm. The board shall then proceed in the same manner with the other firms selected according to Section 3873, in the selected order.
(c) If the board is unable to negotiate a satisfactory contract with a selected firm, the board may make additional selections from the qualified firms, as provided for in Section 3873, and continue the negotiation process or may terminate the negotiation process.
(d) If the board is unable to negotiate a satisfactory contract with a qualified firm, the board shall abandon the negotiation process for the required services.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4528 and 4529.12, Government Code; and Section 6106, Public Contract Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§3876. Statewide Participation Goals.
Note • History
Upon execution of a contract, unless waived by the board, the firm must meet the statewide participation goal of not less than three percent for disabled veteran business enterprises or demonstrate that a good faith effort was made to meet the goal, in order to comply with the statewide participation goals as required by Title 2, California Code of Regulations, sections 1896.60-1896.64.
NOTE
Authority cited: Section 4526, Government Code. Reference: Section 4528, Government Code; Sections 999, 999.2 and 999.3, Military and Veterans Code; Sections 10115, 10115.1 and 10115.2, Public Contract Code; and Monterey Mechanical Co. v. Wilson (9th Cir. 1997) 125 F.3d 702, 706, fn. 5, rehearing denied (1998) 138 F.3d 1270.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Note • History
If the board determines that a change in the contract is necessary during performance of the contract, the parties may amend the contract, by mutual consent, in writing, and make a reasonable adjustment in the firm's compensation.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4528 and 4529.12, Government Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Note • History
The board is not required to negotiate the total contract compensation provision when the contract is initially executed pursuant to Section 3875, subdivision (a)(4), if the following conditions are satisfied:
(a) the board determines it is necessary or desirable for a project to be performed in phases;
(b) the board determines that the firm is the most highly qualified to perform the entire project at a fair and reasonable price, excluding from consideration firms with whom negotiations have been terminated pursuant to Section 3875, subdivision (b); and
(c) The contract between the board and the firm provides that the board has an option to use the firm for other phases of the project and that the firm will accept a fair and reasonable price to be later negotiated in accordance with this chapter and reflected in a subsequent written instrument.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4526.5, 4528 and 4529.12, Government Code; and Section 6106, Public Contract Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Note • History
(a) A board employee shall not participate in the selection process if the employee has a relationship, as specified in Section 87100 of the Government Code, with a firm seeking a contract subject to this chapter.
(b) The board shall require a contract entered pursuant to this chapter to include a provision in which the firm warrants that the contract was not obtained through rebates, kickbacks, or other unlawful considerations either promised or paid to a board employee. Failure to adhere to the warranty may be cause for contract termination and recovery of damages under the rights and remedies due the board under the default provision of the contract.
(c) Nothing in this chapter shall be construed to abridge the obligation of the board or the firm to comply with all laws regarding political contributions, conflicts of interest, or unlawful activities.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526, 4529.12 and 87100, Government Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency, including new subsection (c) and amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§3880. Application of Chapter.
Note • History
(a) This chapter shall not apply when the board determines that the needed services are technical in nature, require little professional judgment, and it is in the public interest to require competitive bids.
(b) This chapter shall not apply when the board determines that these procedures are not required because an emergency condition exists.
NOTE
Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4529, Government Code; and Section 1102, Public Contract Code.
HISTORY
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 2-14-2001 as an emergency; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Chapter 30. Electronic Submittal of Information
Article 1. General Provisions
§3890. General Intent, Content, and Applicability of Regulations.
Note • History
(a) The regulations in this Chapter are intended to provide electronic access to reports, including soil, vapor, and water data, prepared for the purpose of subsurface investigation or remediation of: (1) an unauthorized discharge or deposit of waste as defined in section 13050 of the Water Code, (2) an unauthorized release of a hazardous substance as defined in section 25281 of the Health and Safety Code, or (3) a discharge of waste to land subject to Division 2 of Title 27 or Division 3, Chapter 15, of Title 23 of the California Code of Regulations.
(b) The regulations in this Chapter require persons responsible for submitting certain reports to the State Board, a regional board, or a local agency to submit these reports electronically over the Internet to the State Board's Geotracker system.
(c) The requirements of this Chapter are in addition to, and not superseded by, any other applicable reporting requirements.
(d) Except as provided in Section 3895(b), the electronic reporting requirements of this Chapter are intended to replace requirements for the submittal of paper copies of reports, beginning July 1, 2005.
NOTE
Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196 and 13198, Water Code.
HISTORY
1. New chapter 30 (articles 1-2), article 1 (section 3890) and section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
Article 2. Electronic Submittal of Information
Note • History
“COELT” is the United States Army Corps of Engineers Loading Tool program. It is a relational database application that is designed to run with the Microsoft Windows operating system. COELT places laboratory data into the standardized Electronic Deliverable Format (EDF). The program can accept data from Laboratory Information Management System (LIMS) or manually entered data. COELT is an optional software application that is intended to help laboratories that require new software to produce the EDF data deliverable. COELT includes a report utility that allows hard copy laboratory reports to be printed that match the actual electronic data. For purposes of the requirements of this chapter, version 1.2a of COELT may be used. The program (coelt12i.exe) and documents (coelt 1.2i manual.zip) for version 1.2i of COELT are available through links provided at http://www.swrcb.ca.gov/ust.
“CSRS-H” is the California Spatial Reference System-Horizontal, which includes the High Precision Geodetic Network (HPGN), the High Precision Geodetic Network-Densification (HPGN-D) and other geodetic control positions. These control positions have been determined by Global Positioning System survey methods in accordance with first order or better standards and specifications from the Federal Geodetic Control Subcommittee (FGCS) of the Federal Geographic Data Committee. These control positions are published by the National Geodetic Survey, California Spatial Reference Center or its successor.
“EDCC” is the Electronic Deliverable Consistency Checker program, which was developed for the EDF1.2i format, described below. The EDCC program is run upon completion of an EDF report and produces an error report. This error report identifies problems within the given data set based upon the EDF database structure, guidelines, restrictions, and valid values. The error report also indicates the nature of each problem, so that the submitter can correct them. For purposes of the requirements of this chapter, the interactive web-version 1.2i or personal computer version 1.2i of EDCC shall be used. Programs (edcc.zip and edccservicepac1.zip) for version 1.2i of EDCC are available through links provided at http://www.swrcb.ca.gov/ust.
“EDF” is the Electronic Deliverable Format, originally developed for the United States Army Corps of Engineers. It is a data standard designed to facilitate transfer of electronic data files from analytical laboratories to end-users. It is a relational database whose files are related to one another through key fields. Laboratories can produce electronic EDF files by using their own LIMS or COELT software. The data components include chain-of custody information, laboratory results, and quality assurance information. For purposes of the requirements of this chapter, version 1.2i of EDF shall be used. Specifications for version 1.2i of EDF (The Electronic Deliverable Format [EDF] Version 1.2i data dictionary are available in Title 27, Division 3, Subdivision 2, Chapter 1 (Laboratory Results) California Code of Regulations, through links provided at http://www.swrcb.ca.gov/ust.
“Geotracker” is the State Board's Internet-accessible database system used by the State Board, regional boards, and local agencies to track and archive compliance data from authorized or unauthorized discharges of waste to land, or unauthorized releases of hazardous substances from underground storage tanks. This system consists of a relational database, on-line compliance reporting features, a geographical information system (GIS) interface and other features that are utilized by the State Board, regional boards, local agencies, regulated industry and the public to input, manage, or access compliance and regulatory tracking data. Geotracker, initially known as the Geographical Environmental Information Management System (GEIMS) database, is available at http://geotracker.swrcb.ca.gov/.
“PDF” means Portable Document Format. “PDF” files are self-contained and cross-platform documents. A PDF file will look the same on the screen and in print, regardless of what type of computer or printer a person uses or which software package originally created the file. Although PDF files contain the complete formatting of the original document, including fonts and images, they are highly compressed, allowing efficient transfer of complex information.
“Permanent monitoring well” means any artificial excavation by any method made for the purpose of monitoring fluctuations in groundwater levels, the quality of groundwater, or the concentration of contaminants in groundwater and which is used for at least thirty days.
“Report” means any document or item that is required for submittal in order for a person to comply with a regulation, directive, or order issued by the State Board, a regional board, or a local agency, including but not limited to, any analysis of material by a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
NOTE
Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13195(b) and 13196, Water Code.
HISTORY
1. New article 2 (sections 3891-3895) and section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
Note • History
The following reports are subject to the requirements of this Chapter, when those reports are required for the purpose of subsurface investigation or remediation of: (1) an unauthorized discharge or deposit of waste as defined in section 13050 of the Water Code, (2) an unauthorized release of a hazardous substance as defined in section 25281 of the Health and Safety Code, or (3) a discharge of waste to land subject to Division 2 of Title 27 or Division 3, Chapter 15 of Title 23 of the California Code of Regulations.
(a) Reports submitted pursuant to Division 3, Chapter 16, Article 11 of Title 23 of the California Code of Regulations.
(b) Reports submitted pursuant to Division 2 of Title 27 or Division 3, Chapter 15 of Title 23 of the California Code of Regulations.
(c) Reports submitted pursuant to section 13304 of the Water Code.
(d) Reports submitted pursuant to section 13267 of the Water Code.
(e) Reports submitted pursuant to any order or directive of the State Board, a regional board or a local agency.
(f) Reports submitted pursuant to the Two-year Joint Cooperative Agreement Execution Plans under the Defense/State Memorandum of Agreement and Navy Cost Recovery Cooperative Agreement, for the State of California.
NOTE
Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196(a) and 13198(c), Water Code.
HISTORY
1. New section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§3893. Electronic Submittal of Reports.
Note • History
(a) Persons responsible for submitting reports pursuant to this Chapter shall submit the following information described in subdivision (b) electronically over the Internet to the State Board's Geotracker system in conformance with data dictionaries found in Title 27, Division 3, Subdivision 2 (Monitoring and Release Information) and specifications contained in the State Water Resources Control Board EDF Guidelines and Restrictions (version 1.2i) and Survey XYZ Guidelines and Restrictions (Version 6). These data dictionaries and documents are available through links provided at http://www.swrcb.ca.gov/ust.
(b) Data generated after the effective date of the regulations by chemical analysis of soil, vapor, or water samples (including surface water, groundwater and influent/effluent water samples from remediation systems), shall be submitted in EDF format. All data submitted in EDF format shall be checked for errors prior to and during submittal using the EDCC software consistency-checking tool. All data submitted in EDF format must pass this error-checking tool as well as meet normal regulatory requirements in order to be considered valid data. In addition, when required for reports subject to this Chapter, the following shall also be submitted electronically:
(1) The latitude and longitude of any permanent monitoring well for which data is reported in EDF format, accurate to within 1 meter and referenced to a minimum of two reference points from the California Spatial Reference System (CSRS-H), if available.
(2) The surveyed elevation relative to a geodetic datum of any permanent monitoring well.
(3) The elevation of groundwater in any permanent monitoring well relative to the surveyed elevation.
(4) A site map or maps showing the location of all sampling points referred to in the report.
(5) The depth to the screened interval and the length of screened interval for any permanent monitoring well.
(6) Boring logs, in PDF format.
(7) A complete copy of the report, in PDF format, which includes the signed transmittal letter and professional certification.
(c) All deadlines and timeframes for submittals of reports are applicable to the information submitted electronically pursuant to this Chapter.
NOTE
Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196 and 13198(c), Water Code.
HISTORY
1. New section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§3894. Timing of Electronic Reporting Requirements.
Note • History
(a) Electronic submittals of information for sites subject to the requirements of Title 23, Division 3, Chapter 16, Article 11 of the California Code of Regulations, shall begin on December 16, 2004.
(b) Unless otherwise specifically noted, all other electronic submittals required pursuant to this Chapter shall begin January 1, 2005.
(c) Until July 1, 2005, the electronic reporting requirements of this Chapter are in addition to any existing paper or other reporting requirements.
NOTE
Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196(a) and 13198(c), Water Code.
HISTORY
1. New section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§3895. Submittal of Alternate Forms of Reports.
Note • History
(a) Beginning July 1, 2005, the successful submittal of electronic information in accordance with this Chapter shall replace the requirement for the submittal of a paper copy, except as provided in subdivision (b).
(b) In addition to the electronic submittal of reports required pursuant to this Chapter, a regulatory agency may require the submittal of a report, or portions thereof, in diskette, compact disc or other form if the agency determines that the alternative form is necessary. The burden, including cost, of these alternative forms shall bear a reasonable relationship to the need for alternative form and benefits to be obtained from the alternative form.
NOTE
Authority cited: Sections 13196 and 13198(c), Water Code. Reference: Sections 13196(a) and 13198(c), Water Code.
HISTORY
1. New section filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
Division 4. Regional Water Quality Control Boards
Chapter 1. Water Quality Control Plans, Policies, and Guidelines
Article 1. North Coast Region
§3900. Water Quality Control Plan.
History
(a) On December 9, 1993, the North Coast Regional Water Quality Control Board adopted Resolution No. 93-89 amending the Water Quality Control Plan for the North Coast Region (hereinafter Basin Plan) to update descriptions and correct inaccuracies (hereinafter Amendment). The State Water Resources Control Board approved the Amendment by adopting State Board Resolution No. 94-29 on March 21, 1994.
The Amendment does not include any new regulations. The purpose of the Amendment is to revise the Basin Plan to update descriptions of the Region and regulatory programs, incorporate changes in water quality regulations which have occurred since the 1988 revision of the Basin Plan, and correct inaccuracies that existed in the text of the 1988 Basin Plan. The amendment consists of primarily factual (informational) and editorial changes. The amendment incorporates into the Basin Plan water quality regulations which have gone through the public review process separately and prior to the subject amendment (such as water quality objectives obtained from Title 22 drinking water standards).
(b) On March 24, 2010, the North Coast Regional Water Quality Control Board (North Coast Water Board) adopted Resolution No. R1-2010-0025 which struck six separate dissolved oxygen (DO) objectives and replaced them with a footnote directing the reader to a new Table 3-1a including Site Specific Objectives for DO for the mainstem Klamath River. The State Water Resources Control Board approved the amendment by adopting State Board Resolution No. 2010-0043 on September 7, 2010.
HISTORY
1. New article 1 and section filed 8-18-94; operative 8-18-94. Resolution 93-89 adopted by North Coast Regional Water Quality Control Board 12-9-93. Resolution No. 94-29 adopted by State Water Resources Control Board 3-21-94. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 33).
2. Amendment of Chapter 1 heading filed 4-24-95; operative 4-24-95 (Register 95, No. 17).
3. Nonsubstantive amendment to Chapter 3 to add language summarizing existing state and federal antidegradation policies filed 10-3-2005; amendment adopted 11-29-2004 by North Coast Regional Water Quality Control Board Resolution No. R1-2004-0092; approved 3-16-2005 by State Water Resources Control Board Resolution No. 2005-0025; approved by OAL pursuant to Government Code section 11353 (Register 2005, No. 40).
4. Amendment of section summarizing amendments to basin plan filed 12-7-2010; amendments approved by State Water Resources Control Board 9-7-2010 pursuant to Resolution No. 2010-0043; amendments approved by OAL 12-7-2010 pursuant to Government Code section 11353 (Register 2010, No. 50).
§3901. Water Quality Control Plan for the North Coast Region.
History
Section IV, Implementation Plans, Point Source Measures, Waste Discharge Prohibitions for the North Coastal Basin.
The Amendment: 1) clarifies that the discharge of waste to the Mad, Eel, and Russian rivers and their tributaries is prohibited during the period of May 15 through September 30; 2) clarifies that the discharge of waste to the Mad, Eel, and Russian rivers and their tributaries is limited to one percent of the receiving stream's flow during October 1 through May 14, and; 3) adds a procedure for dischargers to follow in applying for an exception to the one percent dilution requirement for the Mad, Eel, and Russian rivers.
HISTORY
1. New section filed 8-30-94; operative 8-30-94 pursuant to Government Code section 11353 (Register 94, No. 35).
§3902. Regulatory Summary of Resolution No. 95-53 Amending Point Source Measures in Section 4 of theWater Quality Control Plan for the North Coast Region to Include an Action Plan for Storm Water Discharges.
History
On June 22, 1995, the California Water Quality Control Board, North Coast Region, (Regional Water Board), adopted Resolution No. 95-53, Amending Point Source Measures in Section 4 of the Water Quality Control Plan for the North Coast Region (Basin Plan). The amendment provides an Action Plan which will allow exception to the existing prohibition of point source waste discharges to waterbodies within the North Coast Region. The Action Plan requires the Regional Water Board to implement Section 402(p) of the Clean Water Act, and sets forth conditions for the implementation of Section 402(p). The conditions require the discharger to describe the storm water discharge in a Notice of Intent or application for NPDES permit and/or to manage the discharge and the activities which affect the discharge in conformance with the provisions of an applicable NPDES permit.
Resolution No. 95-53 does not contain any new regulatory language, but rather includes statewide and federal practices for regulating storm water discharges into the Basin Plan.
HISTORY
1. New section filed 2-21-96; operative 2-21-96 pursuant to Government Code section 11353 (Register 96, No. 8).
2. Editorial correction of section heading and section (Register 96, No. 47).
§3903. Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices.
History
The Water Quality Control Plan for the North Coast Region (Basin Plan) was amended on May 23, 1996 (NCRWQCB Resolution 96-16) as follows: the Policy on the Control of Water Quality with Respect to On-Site Waste Treatment and Disposal Practices (Individual Septic Systems Policy) was updated to provide a clear policy regarding new technologies and the assessment of cumulative impacts of individual systems on water quality. The amendment contains new site suitability criteria and evaluation methods, and designs criteria and technical guidelines for individual systems.
HISTORY
1. New section filed 11-20-96; operative 11-20-96 pursuant to Government Code section 11353. Resolution No. 96-16 adopted by the North Coast Regional Water Quality Control Board 5-23-96. Resolution 96-061 adopted by the State Water Resources Control Board 8-15-96 (Register 96, No. 47).
§3904. Garcia River TMDL for Sediment.
History
Regional Water Board Resolution No. 98-66, adopted by the North Coast Regional Water Quality Control Board on May 28, 1998 and subsequently revised on December 10, 1998, modified the regulatory provisions in Section 4, Implementation Plans, Nonpoint Source Measures of the Water Quality Control Plan for the North Coast Region by establishing a phased total maximum daily load (TMDL), an implementation plan, and a monitoring plan for sediment in the Garcia River watershed in southwestern Mendocino County. This resolution was revised and readopted by the North Coast Regional Water Board as Resolution No. R1-2001-72 on June 28, 2001, which modified the Garcia River Water Quality Attainment Action Plan for Sediment which includes the TMDL, Implementation Plan, and Monitoring Plan.
(a) The TMDL establishes the goal of attaining specified targets by the year 2049 for migration barriers, embeddedness, fines, primary pool frequency, proportion of fine sediment in a pool, median particle sizes, large woody debris, width-to-depth ratio, thalweg profile, and stream channel opening.
(b) The TMDL identifies the loading capacity of the Garcia River watershed as 552 tons/sq.mi./year, a 60 percent reduction of the average annual sediment load, and allocates the load to all dischargers as “zero controllable discharges.” The loading capacity will be measured over 40 years.
(c) The implementation plan requires landowners to identify and control all existing and future controllable discharges of sediment in accordance with specified schedules using one of three options: (1) comply with waste discharge prohibitions that prohibit the controllable discharge of any organic or earthen material into the waters of the Garcia River or to any location where it could pass into the waters of the Garcia River; or (2) comply with an approved erosion control plan and an approved site-specific management plan; or (3) comply with an approved erosion control plan and the Garcia River Management Plan. The amendment specifies that it will not impose administrative civil liabilities for violations of the prohibitions if the discharging landowner is implementing an approved erosion control plan and management plan, but will consider the need to revise the plans or to issue a cleanup and abatement order.
(d) The implementation plan specifies the purpose of an erosion control plan and requires that it contain a baseline data inventory, a sediment reduction schedule, an assessment of unstable areas, and a monitoring plan which includes an annual report.
(e) The implementation plan specifies the purpose of the management plans and provides for time extensions. It specifies how a site-specific management plan must describe land management measures to control sediment delivery and describe land management measures to improve the condition of the riparian management zone. It also sets out the Garcia River Management Plan, which specifies land management measures that apply to the following: roads, watercourse crossings, and near stream facilities; unstable areas; the riparian management zone; and, gravel mining.
(f) The implementation plan specifies conditions under which other planning efforts such as a Timber Harvest Plan or a Ranch Plan will be approvable as an erosion control plan and management plan.
(g) The implementation plan provides that certain individual land management projects that are subject to Regional Water Board review are subject to the TMDL, the implementation plan, and the monitoring plan. It also requires notification of the Regional Board by a landowner conducting a restoration project, and allows substitution of restoration in lieu of action to control a sediment delivery site.
(h) The implementation Plan provides for the adoption of group erosion control plans; whereas landowners with similar land-use activities can develop collective watershed based erosion control plans without having to show internal property boundaries.
(i) The implementation plan establishes a procedure for its initiation, and an implementation schedule which specifies interim and final compliance dates ranging from 3 to 23 years for specified activities.
(j) The monitoring plan specifies instream and hillslope monitoring parameters, monitoring protocols, and frequency of monitoring, provides that instream and hillslope monitoring by landowners (except for sediment delivery site monitoring) is voluntary, and requires an annual report describing erosion control-related activities and sediment delivery reduction results.
(k) The amendment provides that the Regional Board shall review sufficiency of progress at least once every 3 years.
HISTORY
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government Code section 11353. Resolution No. R1-2001-72 adopted by the North Coast Regional Water Quality Control Board 6-28-2001 (Register 2002, No. 1).
§3905. Concise Summary of Regulatory Provisions.
History
Regional Board Resolution No. R1 2003-0052, adopted on June 26, 2003 by the North Coast Regional Water Quality Control Board, modifies the Beneficial Uses Chapter (Chapter 2) of the North Coast Regional Water Quality Control Plan (Basin Plan) by (1) updating the Beneficial Use Table 2-1 to include the Calwater classification system and a more refined level of beneficial use designation; (2) recognizing four existing beneficial uses of waters in the region (WET, WQE, FLD, and CUL); (3) recognizing two existing water body categories in the region (groundwater and wetlands); (4) modifying the existing beneficial use definition (COMM) for clarity; and (5) a beneficial use recognizing the existing “Subsistence Fishing” (FISH) use in the region.
This update meets the requirements of the Federal Clean Water Act (CWA), which requires that States designate beneficial uses for surface waters at a minimum, for the protection and propagation of fish, shellfish and wildlife, recreation in and on the water, use of water for public water supplies, and agricultural, industrial, and navigational purposes (CWA §101 and §303). Beneficial uses must be designated and periodically updated for all waters of the State. Flexibility inherent in the State process allows for the refinement and clarification of specific uses, which has been realized with this Basin Plan update. The amendment also brings the beneficial use designations up to date, to reflect the current state of knowledge of the existing and potential uses of the waters in the region, and makes the general previous designations more specific.
HISTORY
1. New section summarizing basin plan amendment filed 9-27-2004; amendment adopted by Regional Board Resolution No. R1 2003-0052 6-26-2003 and revised by Executive Officer memos dated 2-27-2004 and 6-25-2004; approved by State Board Resolution No. 2004-0040 6-17-2004, except for the addition of the word “subsistence” in the revised definition for the beneficial use Commercial and Sport Fishing and the proposed new title and definition for the beneficial use Biologically Significant Areas; approved by OAL and operative 9-27-2004 pursuant to Government Code section 11353 (Register 2004, No. 40).
§3906. Compliance Schedule Policy.
History
On March 24, 2004, the North Coast Regional Water Quality Control Board (North Coast Water Board) adopted Resolution No. R1-2004-0011, thereby amending Chapters 3 and 4 of the Water Quality Control Plan for the North Coast Region (Basin Plan). The amendment authorizes the inclusion of compliance schedules in National Pollutant Discharge Elimination System (NPDES) permits under the following circumstances:
1. Where the NPDES limitations are implementing water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after the effective date of this amendment. Compliance schedules shall not exceed ten years after adoption, revision, or reinterpretation of the objectives, criteria, or prohibitions;
2. Where a discharger, currently operating under a non-NPDES permit, under new interpretation of the law is required to comply with NPDES permitting limitations that implements water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after July 1, 1977 and that are not included in the permit. Compliance schedules shall not exceed ten years after the effective date of the initial NPDES permit; and
3. Where a discharger is required to comply with a Total Maximum Daily Load (TMDL) adopted as a single permitting action that implements water quality objectives, criteria, or prohibitions that are adopted, revised, or newly interpreted after the effective date of this amendment. Compliance may extend beyond ten years from the date of permit issuance.
Schedules of compliance shall contain interim limits and shall in all cases be as short as feasible. An existing discharger must submit a written request and prove to the North Coast Water Board's satisfaction that it is infeasible to immediately comply with NPDES effluent or receiving water limitations. A discharger must further provide: (1) results of diligent efforts to quantify pollutant levels in the discharge and the sources of the pollutant in the waste stream; (2) documentation of source control efforts currently underway or completed; (3) a proposed schedule for additional source control measures or waste treatment; (4) the highest discharge quality that is feasible to achieve until final compliance is attained; (5) a demonstration that the proposed schedule of compliance is as short as feasible; (6) data demonstrating current treatment facility performance; and (7) additional information and analyses, to be determined by the North Coast Water Board on a case-by-case basis.
HISTORY
1. New section summarizing basin plan amendment filed 8-18-2005; operative 8-18-2005. Amendment adopted 3-24-2004 by Regional Board Resolution No. R1-2004-0011. Approved by OAL pursuant to Government Code section 11353 (Register 2005, No. 33).
§3907. Total Maximum Daily Loads for Sediment and Water Temperature in the Scott River Watershed.
History
The Total Maximum Daily Loads (TMDL) for Sediment and Water Temperature in the Scott River Watershed specify potential shade targets for water temperature and load allocations for sediment, which must be fully attained 40 years after the effective date of the TMDLs. The implementation actions are designed to encourage and build upon ongoing, proactive restoration and enhancement efforts and to comply with the State's Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program. Should any of the implementation actions fail to be implemented by the responsible party or should the implementation actions prove to be inadequate, the North Coast Regional Water Quality Control Board (North Coast Water Board) shall take appropriate permitting and/or enforcement actions.
Monitoring (e.g., implementation monitoring, upslope effectiveness monitoring, instream effectiveness monitoring, and compliance and trend monitoring) may be required of identified responsible parties in conjunction with existing and/or proposed human activities that will likely result in sediment waste discharges or elevated water temperatures. Additionally, North Coast Water Board staff shall develop a compliance and trend monitoring plan within one year of the date the Scott River TMDL Action Plan takes effect. The North Coast Water Board will conduct an extensive and focused reassessment after the Scott River TMDL Action Plan has been in effect for ten years, or sooner if the North Coast Water Board determines it necessary. North Coast Water Board staff will report to the North Coast Water Board at least yearly on the status and progress of implementation actions. For actions that rely on encouragement of existing efforts that address water quality impairments, the North Coast Water Board will conduct a formal assessment of the proven or expected effectiveness of these efforts within five years of approval of the TMDL Action Plan.
History: Adopted by the North Coast Regional Water Quality Control Board on December 7, 2005 under Resolution No. R1-2005-0113. Approved by the State Water Resources Control Board on June 21, 2006 under Resolution No. 2006-0046.
HISTORY
1. New section summarizing amendment to Basin Plan filed 8-11-2006; amendment approved by State Water Resources Control Board Resolution No. 2006-0046 6-21-2006; amendment approved by OAL pursuant to Government Code section 11353 8-11-2006 (Register 2006, No. 32).
§3908. Total Maximum Daily Loads for Dissolved Oxygen and Water Temperature in the Shasta River Watershed.
History
The North Coast Regional Water Quality Control Board (North Coast Water Board) adopted an amendment to the Water Quality Control Plan for the North Coast Region to establish Total Maximum Daily Loads (TMDLs) for the Shasta River Watershed. The TMDLs allocate loads for dissolved oxygen and water temperature in the Shasta River Watershed. For temperature, landowners and operators in the main stem of the Shasta River below Dwinnell Dam are allocated loads equal to potential percent solar radiation transmittance, and landowners and operators on the Shasta River above Dwinnell Dam, and on its tributaries, are allocated loads equal to adjusted potential effective shade. For dissolved oxygen, load allocations are assigned to different reaches of the Shasta River. These allocations account for the total net daily oxygen demand for each reach.
The implementation actions are designed to encourage and build upon on-going, proactive restoration and enhancement efforts, and to comply with the state's Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program. Should any of the implementation actions not be implemented by the responsible party or should the implementation actions prove to be inadequate, the North Coast Water Board shall take appropriate permitting and/or enforcement actions.
Monitoring (e.g. implementation monitoring, upslope effectiveness monitoring, instream effectiveness monitoring, and compliance and trend monitoring) may be required in conjunction with existing and/or proposed human activities that will likely result in increased oxygen demand or elevated water temperatures. The North Coast Water Board will review, reassess, and possibly revise the Shasta TMDL Action Plan every three years as part of the Basin Planning Triennial Review process. North Coast Water Board staff will report to the North Coast Water Board at least yearly on the status and progress of implementation activities. Staff will conduct an assessment of effectiveness of collaborative efforts in the on-going programs within five years from the date of U.S. Environmental Protection Agency approval and a more extensive reassessment of the Action Plan within 10 years, or sooner.
HISTORY
1. New section summarizing amendments to basin plan filed 1-9-2007; amendments approved by State Water Resources Control Board Resolution No. 2006-0093 on 11-15-2006; amendments approved by OAL pursuant to Government Code section 11353 on 1-9-2007 (Register 2007, No. 2).
§3909. Site Specific Water Quality Objectives for Dissolved Oxygen in the Klamath River; an Action Plan for the Klamath River Total Maximum Daily Loads Addressing Temperature, Dissolved Oxygen, Nutrient, and Microcystin Impairments in the Klamath River in California; and Lost River Implementation Plan.
History
On March 24, 2010, the North Coast Regional Water Quality Control Board (North Coast Water Board) adopted Resolution Nos. R1-2010-0025 and R1-2010-0026, amending the Water Quality Control Plan for the North Coast Region (Basin Plan) to establish: (1) site specific water quality objectives for dissolved oxygen in the Klamath River; (2) an action plan for the Klamath River Total Maximum Daily Loads addressing temperature, dissolved oxygen, nutrient, and microcystin impairments in the Klamath River in California; and (3) an implementation plan for the Lost River in California. The State Water Resources Control Board approved these amendments under Resolution No. 2010-0043 on September 7, 2010.
Consistent with the state's Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program, the actions for nonpoint sources include the development of conditional waivers of waste discharge requirements for grazing and irrigated agriculture on private lands, for road construction and maintenance on county roads, and for certain nonpoint source activities on lands managed by the U.S. Forest Service. As a regulatory backstop, the implementation plan includes a prohibition of discharges in violation of water quality objectives in the Klamath River basin. For point sources, the implementation plan requires the revision of NPDES permits for the Iron Gate Hatchery and the Tulelake Wastewater Treatment Plant. Other actions include the development of a Management Agency Agreement among the North Coast Water Board, the U.S. Bureau of Reclamation, the U.S. Fish and Wildlife Service, and the Tule Lake Irrigation District to address the water quality impairments in the Lost River and discharges to the Klamath River. North Coast Water Board staff plan to report to the North Coast Water Board at least yearly on the status and progress of implementation activities, and plan to conduct a comprehensive assessment of effectiveness of the implementation plan every five years.
HISTORY
1. New section summarizing amendments to basin plan filed 12-7-2010; amendments approved by State Water Resources Control Board 9-7-2010 pursuant to Resolution No. 2010-0043; amendments approved by OAL 12-7-2010 pursuant to Government Code section 11353 (Register 2010, No. 50).
§3909.1. Low Threat Action Plan and Revised Storm Water Action Plan.
History
On July 23, 2009, the North Coast Regional Water Quality Control Board adopted Regional Board Resolution No. R1 2009-004 amending, the Water Quality Control Plan for the North Coast Region (Basin Plan). The amendment revised the Basin Plan by incorporating a “Low Threat Action Plan” and a revision of the “Storm Water Action Plan.” These Action Plans will be incorporated into Chapter 4, “Strategic Planning and Implementation,” of the Basin Plan. On March 15, 2011, the State Water Resources Control Board approved this amendment under Resolution No. 2011-0012.
The amendment includes a new “Action Plan for Low Threat Discharges” (Low Threat Action Plan), which will apply to certain point source categories of planned, short-term discharges from definable projects where the discharge is controlled to eliminate or reduce pollutants and minimize discharge volume and discharge rates through the implementation of best management practices (BMPs). The Low Threat Action Plan would also allow for exceptions to the one-percent prohibition for low threat discharges. The Low Threat Action Plan provides the framework for permitting these low threat discharges and granting exceptions to the point source prohibitions.
The amendment also includes revisions to the existing Action Plan for Storm Water Discharges (Storm Water Action Plan). The revisions to the Storm Water Action Plan apply to discharges of storm water and certain categories of low threat non-storm water flows that are incidental to urban activities from regulated storm water collection systems. The Storm Water Action Plan identifies the conditions that must be met in order to prevent or preclude these discharges from being subject to the point source and one-percent prohibitions.
HISTORY
1. New section summarizing amendments to basin plan filed 5-12-2011; amendments approved by State Water Resources Control Board Resolution No. 2011-0012 on 3-15-2011; amendments approved by OAL 5-12-2011 pursuant to Government Code section 11353 (Register 2011, No. 19).
Article 2. San Francisco Bay Region
§3910. Policy on the Use of Wastewater to Create, Restore, and/or Enhance Wetlands.
History
This policy revises a 1977 policy to add new provisions which: 1) establish a preference for the creation (rather than restoration or enhancement) of wetlands with wastewater; 2) require the project applicant to consider important wetland functions and values; and 3) in most cases, prohibit the use of these wetlands to satisfy Clean Water Act Section 404 mitigation requirements. The policy also revises the earlier policy to reflect current Basin Planning language, allow portions of a wetland to be created for wastewater treatment, and require a monitoring plan as part of the management plan.
HISTORY
1. New article 2 and section filed 4-24-95; operative 4-24-95. Resolution No. 94-086 adopted by San Francisco Bay Regional Water Quality Control Board 7-20-94. Resolution No. 94-102 adopted by the State Water Resources Control Board 11-17-94. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 17).
§3911. Use of Constructed Wetlands for Urban Runoff Pollution Control.
History
Constructed wetlands approved under the policy would be waste treatment systems in accordance with 40 CFR Part 122.2, and, as such, would not be waters of the United States. Policy provisions require that the wetland be an “artificial” or constructed system built on an upland site with the primary purpose of treatment. Adequate land and management resources must be committed to the project, wildlife monitoring and vector control programs are required, and the treatment wetlands may not be used to satisfy requirements for wetlands loss mitigation. In addition, a required management plan would include descriptive information, an operations and maintenance plan, and a monitoring plan. The management plan would be the chief means by which the Regional Board would review and/or approve a proposal under the policy. Upon project approval, the management plan would serve as the operations manual for the constructed treatment wetland.
HISTORY
1. New section filed 4-25-95; operative 4-25-95. Resolution No. 94-102 adopted by the San Francisco Regional Water Quality Control Board 8-17-94. Resolution No. 94-107 adopted by the State Water Resources Control Board 11-17-94. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 17).
§3912. Revised Water Quality Control Plan for the San Francisco Bay Region.
History
The revisions to regulatory provisions in the basin plan adopted by the San Francisco Bay Regional Water Quality Control Board on September 16, 1992, October 21, 1992, August 17, 1994, and June 21, 1995 are summarized as follows:
(a) Beneficial Use Categories and Definitions: Revises the following beneficial use definitions to be consistent with statewide language: “Agricultural Supply,” “Cold Freshwater Habitat,” “Ocean Commercial and Sport Fishing,” “Estuarine Habitat,” “Freshwater Replenishment,” “Ground Water Recharge,” “Industrial Service Supply,” “Marine Habitat,” “Fish Migration,” “Municipal and Domestic Supply,” “Navigation,” “Industrial Process Supply,” “Preservation of Rare and Endangered Species,” “Water Contact Recreation,” “Non-Contact Water Recreation,” “Shellfish Harvesting,” “Fish Spawning,” “Warm Freshwater Habitat,” and “Wildlife Habitat.”
(b) Water Body Definitions: Adds definitions for “ground water” and “ground water basin.”
(c) Ground Waters: Identifies ground water basins within the region; designates ground waters within each basin as suitable or potentially suitable for municipal and domestic supply, industrial service supply, industrial process supply, agricultural supply, and/or freshwater replenishment.
(d) Wetlands: Clarifies that in cases where the Regional Board is required to delineate a specific wetland site and the beneficial uses associated with that site, that delineation will be based on Federal guidelines.
(e) Surface Water Objectives:
(1) Clarifies the term “surface waters”;
(2) Adds descriptions of major types of point source discharges;
(3) Clarifies demonstration required for alternative objective;
(4) Clarifies numeric objective for coliform bacteria, and clarifies the relationship between testing methods and existing coliform bacteria objective for water designated as MUN;
(5) Revises narrative objective on bioaccumulation to include consideration of effects on wildlife;
(6) Deletes from biostimulatory substances narrative objective provisions on investigation resulting from certain chlorophyll a concentrations;
(7) Revises narrative objective for population and community ecology;
(8) Clarifies narrative objective for sediment;
(9) Clarifies existing narrative toxicity objectives by separating into acute and chronic toxicity, revising explanation of “detrimental responses,” updating the description of tests used to identify acute toxicity;
(10) Establishes a numeric definition of acute toxicity;
(11) Clarifies units of measurement for the turbidity objective;
(12) Clarifies narrative objective for chemical constituents;
(13) Clarifies existing numeric water quality objectives for toxic pollutants:
(A) Changes the method for determining where salt or freshwater objectives apply to surface waters from a geographical line to average salinity values;
(B) Clarifies that existing freshwater objectives for metals are hardness-dependent, and includes the equations used to derive them;
(14) Specifies considerations in developing site specific objectives, lists highest priority constituents.
(f) Objectives for Municipal and Agricultural water supplies: Amends numeric objective for constituents of concern in water designated MUN or AGR to reflect changes in Title 22 of the California Code of Regulations.
(g) Objectives for Ground Water: Adds primary narrative water quality objective for ground water and narrative objectives for bacteria, organic and inorganic chemical constituents, radioactivity, and taste and odor.
(h) Watershed Management: Adds a policy that supports the local definition and implementation of watershed management plans.
(i) Toxic Pollutant Accumulation: Mass-Based Strategies:
(1) Adds consideration of pollutant accumulation in setting limits on point and non-point discharges;
(2) Provides that wasteload allocation may be based on mass, or concentration in water, tissue, or sediment;
(3) Describes monitoring requirements for toxicity, provides for attainment of chronic toxicity objectives at edge of mixing zone and acute toxicity objectives within the mixing zone;
(4) Clarifies that the need to determine the chronic effects of major discharges is being addressed by the Board's local effects monitoring program.
(j) Discharge Prohibitions:
(1) Adds a new exception provision concerning discharge of extracted/treated ground water;
(2) Adds a new exception provision to allow discharge from reclamation project in Alameda Creek when no natural flow occurs;
(3) Clarifies prohibition regarding biocides.
(k) Surface Water Protection and Management: Point Source Control:
(1) Effluent Limitations:
(A) Defines “best professional judgment” and specifies that it will be used to derive numerical effluent limitations for toxic pollutants in the absence of numerical water quality objectives or standards;
(B) Clarifies manner in which effluent limits will be derived in cases where water quality objectives are not being attained;
(C) Adds definition of “ocean waters,” “inland surface waters,” “enclosed bays,” and “estuaries;”
(D) Deletes 1975 water body segment rankings;
(E) Clarifies definition of “deep water discharge”;
(F) Clarifies that effluent limitations for conventional pollutants discharged to inland surface waters includes enclosed bays and estuaries;
(G) Adds condition for substitution of fecal coliform limitation for total coliform limitation;
(H) Clarifies effluent limitations for selected toxic pollutants discharged to surface waters;
(I) Clarifies implementation of toxicity objectives by updating the description of appropriate tests, monitoring frequency, interpretation of statistical results, and approaches for addressing violation of toxicity limits, and adds more stringent acute toxicity limits for deep water discharges;
(J) Adds condition for allowing compliance monitoring with only one fish species;
(K) Clarifies conditions under which the Board will consider observed toxicity to be due to ammonia and thus not a violation of toxicity limits;
(L) Adds factors for setting chronic toxicity effluent limits for individual dischargers;
(M) Adds basis for chronic toxicity monitoring requirements;
(N) Adds the requirement of Toxicity Identification/Reduction Evaluation (TIE/TRE) when persistent chronic toxicity is observed;
(O) Adds requirement for waste minimization if consistent toxicity is exhibited;
(P) Adds equation for calculating water quality-based effluent limitations;
(Q) Adds conditions for approval of an effluent limitation greater than that calculated from water quality objectives for deep water discharges;
(R) Adds a new provision specifying when exceptions will be granted to the assigned dilution allowance for shallow water discharges;
(S) Fresh Water vs. Marine Water: 1. Deletes the existing provision that effluent limits will be based on the lower of fresh or marine objectives for all receiving water bodies within the Region; 2. Adds the provision that specifies the salinity and beneficial use characteristics of the receiving waters in determining whether freshwater or marine water limitations apply;
(2) Implementation of Effluent Limitations:
(A) Adds options for permit modifications, including performance based limits, when an existing effluent limit is lower than necessary to achieve water quality objectives;
(B) Provides for calculation of effluent limitations based upon site-specific objectives;
(C) Clarifies that effluent limits will be defined in terms of the mean concentration of all samples analyzed during the averaging period;
(D) Defines “method detection limits,” “practical quantitation levels,” and “limits of quantification” and clarifies that these will be considered in determining compliance with effluent limitations;
(E) Clarifies how parameters are selected for inclusion in permits; adds demonstration requirement for substances that do not pose a risk to beneficial uses;
(F) Adds a provision on compliance schedules for new objectives or standards;
(G) Storm Water Discharges: Adds provisions on contents of NPDES permits for stormwater;
(H) Wet Weather Overflows: Clarifies existing policy on wet weather overflows of wastewater by adding description of minimum controls;
(I) Discharge of Treated Groundwater: Adds conditions for granting an exception to discharge prohibitions;
(J) Regulation of Industrial Discharges: Adds goal to move to water quality-based standards;
(K) Pollution Prevention:
1. Adds goals;
2. Clarifies elements of POTW general pollution prevention program;
3. Revises elements of POTW targeted pollution prevention program;
4. Revises direct industrial discharger pollution prevention program.
(l) Surface Water Protection and Management--Nonpoint Source Control Measures:
(1) Revises nonpoint source management elements;
(2) Adds policy outlining elements of appropriate voluntary Baseline Control Program for local entities to reduce pollutant loadings into storm drains;
(3) Revises programs for comprehensive urban runoff control, highway runoff control, and industrial stormwater runoff control;
(4) Clarifies Board's permitting of stormwater discharge from industrial facilities and construction activities involving disturbance of five or more acres.
(m) Dairy Waste Management: Adds policy supporting cooperative correction of dairy waste problems and adoption of Waste Discharge Requirements when objectives in an agricultural watershed are consistently exceeded or past corrective actions have not resolved water quality problems.
(n) Reclamation Requirements: Adds provisions under which certain dischargers may issue their own permits for use of reclaimed water.
(o) Individual System Guidelines: Clarifies existing policy on the design, use, and permitting of alternative septic systems and graywater disposal.
(p) Erosion and Sediment Control:
(1) Clarifies when enforcement authority will be exercised;
(2) Revises guidelines for regulating erosion and sedimentation.
(q) Dredging:
(1) Adds a policy supporting upland disposal of material with a market value;
(2) Adds policy goals of the Long-Term Management Strategy;
(3) Clarifies definition of a “water year.”
(r) Mines and Mineral Producers:
(1) Adds policy for protecting beneficial uses of receiving waters affected by past or present mining activities;
(2) Clarifies Board's permitting of runoff from mine sites;
(3) Adds provisions for Waste Discharge Requirements for mining sites that discharge waste.
(s) Wetlands Protection and Management:
(1) Clarifies general process that will be used to identify beneficial uses in wetlands;
(2) Clarifies that proposals involving wetland fill or discharge of waste to wetlands will be reviewed to determine impacts on wetland beneficial uses;
(3) Adds provision that in cases where mitigation is required under the Clean Water Act, the mitigation project should be located in the same part of the Region whenever possible;
(4) Implements the Governor's Executive Order W-59-93 by adding policy of no-net-loss of wetland acreage and no-net-loss of wetland value within the Region.
(t) Ground Water Protection and Management:
(1) Adds goals;
(2) Specifies that water quality objectives apply to all ground waters, rather than at a wellhead or at a point of consumption;
(3) Explains the Board's approach to the use of water quality objectives for ground water.
(u) Shallow Drainage Wells:
(1) Prohibits unauthorized construction and use of shallow drainage wells;
(2) Adds demonstration requirement for continued use of existing wells or construction of new wells.
(v) Designated Waste:
(1) Clarifies criteria for determining whether a non-hazardous waste is a designated waste;
(2) Adds requirement for proposal of waste constituent concentration criteria by certain municipal solid waste disposal facilities.
(w) (Landfill Expansions: Adds policy on locating or expanding landfills in sensitive ground water areas.
(x) Cleanup of Polluted Sites:
(1) Adds strategy for managing polluted sites;
(2) Adds policies and procedures for setting ground water cleanup levels: specifies the concentration ranges for cleanup levels for waterbodies without, and with a beneficial use of municipal and domestic supply;
(3) Adds policies and procedures for setting soil cleanup levels:
(A) Specifies that soil cleanup levels will be set based on threat to water quality;
(B) Adds “generic” cleanup levels for total VOCs and total semi-volatiles at certain sites.
HISTORY
1. New section filed 11-14-95; operative 11-13-95, Regional Board Resolution No. 92-117 (9-16-92), as approved by State Board Resolution No. 93-40 (4-27-93), except for the provisions that incorporate and implement the statewide plans for Inland Surface Waters and Enclosed Bays and Estuaries adopted by the State Board on 4-11-91; Regional Board Resolution No. 92-131 (10-21-92), as approved by State Board Resolution No. 94-19 (2-17-94); Regional Board Resolution No. 94-101 (8-17-94), as approved by State Board Resolution No. 94-117 (12-13-94); Regional Board Resolution No. 95-076 (6-21-95), as approved by State Board Resolution No. 95-44 (7-20-95). Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 46).
2. Nonsubstantive amendments throughout the basin plan filed 12-22-2006; amendments adopted on 11-16-2005 by the San Francisco Bay Regional Water Quality Control Board Resolution No. R2-2005-0062; approved on 4-18-2006 by the State Water Resources Control Board Resolution No. 2006-0024; approved by OAL pursuant to Government Code section 11353 (Register 2006, No. 51).
§3913. Site-Specific Water Quality Objectives for Copper and Nickel South of the Dumbarton Bridge.
History
Through Regional Water Board Resolution R2-2002-0061, the San Francisco Bay Regional Water Quality Control Board (Regional Board) amended on May 22, 2002, the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan).
The Basin Plan amendment adopted by the Regional Board includes two new regulatory provisions, which are summarized below.
1. The amendment specifies new site-specific water quality objectives (SSOs) for copper and nickel in the portion of San Francisco Bay South of the Dumbarton Bridge. The SSOs are 6.9 μg/1 for a 4-day average and 10.8 for a one-hour average for dissolved copper and 11.9 μg/1 for a 4-day average and 62.4 μg/1 for a one-hour average for dissolved nickel.
2. The amendment specifies numeric values of metal translators (ration of dissolved to total metal) for copper and nickel in San Francisco Bay South of the Dumbarton Bridge that will be used to compute National Pollutant Discharge Elimination System (NPDES) effluent limitations according to the procedure outlined in the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California for the three Municipal Wastewater Treatment facilities discharging to this portion of San Francisco Bay. These translators are 0.53 for copper and 0.44 for nickel. Other Basin Plan amendments are non-regulatory and consist primarily of language updates and an implementation plan to implement the new site-specific objectives. The implementation plan does not contain any new regulatory requirement (other than establishment of the metal translators described above), but instead summarizes already existing permit requirements.
HISTORY
1. New section filed 12-17-2002; approved by OAL and operative 12-17-2002 pursuant to Government Code section 11353 (Register 2002, No. 51).
§3914. Updates Water Quality Objectives, National Pollutant Discharge Elimination System (NPDES) Implementation Measures, and Edits Language.
History
Amendment revises water quality objectives for arsenic, cadmium, chromium (VI), copper (freshwater only), lead, nickel, silver, and zinc to be consistent with federal California Toxics Rule (CTR) regulations. These objectives will apply throughout the region. Definitions of “freshwater,” “estuarine,” and “marine” are revised to be consistent with the CTR. This amendment incorporates provisions of the State Water Resources Control Board Policy for Implementation of Toxic Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California pertaining to NPDES permitting. Obsolete provisions are removed, descriptions and references are updated and clarified, and minor corrections are made to the Basin Plan text.
HISTORY
1. New section summarizing basin plan amendment filed 10-4-2004; amendment adopted by San Francisco Bay Regional Water Quality Control Board Resolution No. R2-2004-0003 1-21-2004; approved by State Water Resources Control Board Resolution No. 2004-0045 7-22-2004; approved by OAL and operative 10-4-2004 pursuant to Government Code section 11353 (Register 2004, No. 41).
§3915. San Francisco Bay Mercury TMDL.
History
Through Regional Water Board Resolution R2-2006-0052, adopted August 9, 2006, the San Francisco Bay Regional Water Quality Control Board amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The Basin Plan amendment establishes the allowable annual mercury load Total Maximum Daily Load (TMDL) to San Francisco Bay, and actions and monitoring necessary to implement the TMDL. The numeric targets, allocations, and associated implementation plan will ensure that all San Francisco Bay segments attain applicable water quality standards established to protect and support beneficial uses. The Basin Plan amendment includes new regulatory provisions, as summarized below:
1. Two numeric mercury water quality objectives for all segments of San Francisco Bay, to protect (a) people who consume Bay fish, and (b) aquatic organisms and wildlife;
2. Vacate (i.e., remove) the water column four-day average mercury water quality objective for San Francisco Bay;
3. Numeric targets for mercury concentrations in suspended sediment and fish tissue;
4. TMDL defined as a total maximum yearly mercury load to San Francisco Bay of 700 kg, on average, which is roughly 60 percent of the existing load;
5. Allocation of the total maximum yearly mercury load among the various San Francisco Bay mercury sources, including bed erosion, Central Valley watershed urban storm water runoff, Guadalupe River watershed, direct atmospheric deposition, non-urban storm water runoff, and wastewater;
6. Plan to implement the TMDL, which requires actions to reduce mercury loads and methylmercury production to achieve allocations, and plan studies to improve technical understanding relevant to the mercury TMDL and implementation plan; and
7. Plan and schedule for reviewing progress toward meeting targets, implementing proposed actions, and evaluating continued appropriateness and effectiveness of proposed actions.
HISTORY
1. New section summarizing amendments to plan filed 11-7-2007; amendments approved by State Water Resources Control Board Resolution No. 2007-0045 on 7-17-2007; amendments approved by OAL pursuant to Government Code section 11353 (Register 2007, No. 45).
§3916. Total Maximum Daily Load for Pathogens in Tomales Bay Watershed.
History
The San Francisco Bay Regional Water Quality Control Board adopted Resolution R2-2005-0046 on September 21, 2005, which amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan) by establishing a program (a Total Maximum Daily Load (TMDL)) to control pathogens in the Tomales Bay watershed. The TMDL sets numeric targets, allocates responsibility among the sources for meeting those targets, and establishes an implementation plan to ensure that all segments of Tomales Bay and its major tributaries (Lagunitas Creek, Walker Creek, and Olema Creek) attain applicable bacteriological water quality standards established in the Basin Plan to protect and support the beneficial uses.
The numeric targets consist of:
(1) Fecal coliform bacteria density targets for Tomales Bay and the main tributaries identical to the Basin Plan objectives;
(2) A shellfish harvesting closure target of less than 30 days per year; and
(3) A human fecal waste discharge prohibition.
The implementation plan requires actions to eliminate any discharges of human fecal waste from boats, on-site sewage disposal systems, small wastewater treatment facilities, and sewage holding ponds.
Density-based allocations for fecal coliform bacteria are assigned to the various animal fecal waste sources to the watershed (grazing lands, dairies, equestrian facilities, and domestic animals) and reflect the highest fecal coliform bacterial densities that can be discharged while still attaining the shellfish harvesting beneficial use in Tomales Bay. Discharging entities are not held accountable for discharges originating from wildlife. The requirements are consistent with the State's Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program and the California Water Code. Implementation measures include evaluation of operating practices, development of control measures, a schedule for implementing those measures, and submittal of progress reports documenting the actions taken.
Water quality monitoring will be conducted to evaluate fecal coliform concentration trends in Tomales Bay and its tributaries. Every five years, the San Francisco Bay Water Board will evaluate new and relevant information from monitoring and scientific literature, assess progress towards meeting the targets and load allocations and appropriateness and effectiveness of proposed action, and may consider revising the TMDL if needed. The reviews will provide opportunities for public participation. Any necessary modifications to the targets, allocations, or implementation plan will be incorporated into the Basin Plan. The California Department of Health Services, working in consultation with the Tomales Bay Shellfish Technical Advisory Committee, is encouraged to periodically evaluate shellfish harvesting guidelines beginning in 2009.
HISTORY
1. New section summarizing amendment to plan filed 9-13-2006; amendments approved by State Water Resources Control Board Resolution No. 2006-0031 on 5-15-2006; amendment approved by OAL pursuant to Government Code section 11353 on 9-13-2006 (Register 2006, No. 37).
§3917. Water Quality Attainment Strategy and TMDL for Diazinon and Pesticide-Related Toxicity in Urban Creeks.
History
On November 16, 2005, the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay Water Board) adopted Resolution No. R2-2005-0063, amending the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The amendment removes unnecessary text from Chapter 3 of the Basin Plan regarding chronic toxicity. It also removes text that appeared to limit how the San Francisco Bay Water Board could evaluate toxicity and replaces it with text that clarifies that the Water Board can consider all relevant information. These changes do not alter the narrative water quality objective.
The amendment establishes a water quality attainment strategy, including a Total Maximum Daily Load (TMDL), for diazinon and pesticide-related toxicity that, when implemented, is expected to meet water quality objectives and protect beneficial uses of urban creeks in the San Francisco Bay Region. The TMDL sets numeric targets for pesticide-related acute and chronic toxicity in urban creek waters and sediment. These targets require that toxicity not exceed 1.0 acute or chronic toxic units, as determined through standard toxicity tests. In addition, the proposed amendment specifies that diazinon concentrations in the water column must not exceed 100 nanograms per liter as a one-hour average. The TMDL is allocated to all urban runoff, including urban runoff associated with municipal separate storm sewer systems, California Department of Transportation facilities, and industrial, construction, and institutional sites. Allocations are set equal to the targets.
The cornerstone of the attainment strategy is pollution prevention, which can be accomplished by using less toxic pest control methods and by applying integrated pest management techniques. Implementation of the strategy will focus on (1) proactive regulatory programs, (2) education and outreach, and (3) research and monitoring. Pesticide and water quality regulators are requested to better coordinate their various programs to protect water quality. Urban runoff management agencies, regulated under National Pollutant Discharge Elimination System permits, are required to minimize pesticide use, conduct outreach, and design and implement monitoring programs to track progress in implementing the plan and meeting the targets. The monitoring program may be developed jointly by two or more agencies acting in concert. The strategy includes a method to determine appropriate monitoring benchmarks for specific pesticides in water. The need for comprehensive pesticide-related water quality monitoring may be moderated by efforts to monitor other factors, which serve as surrogates or indicators of water quality conditions.
The San Francisco Bay Water Board plans to review the attainment strategy and TMDL every five years to determine if any modifications are necessary.
HISTORY
1. New section summarizing amendment to plan filed 1-18-2007; amendments adopted by San Francisco Bay Regional Water Quality Control Board Resolution No. R2-2005-0063 on 11-16-2005 and approved by State Water Resources Control Board Resolution No. 2006-0091 on 11-15-2006; amendment approved by OAL pursuant to Government Code section 11353 on 1-18-2007 (Register 2007, No. 3).
§3918. Basin Plan Amendment to Establish a Total Maximum Daily Load (TMDL) and Implementation Plan for Pathogens in the Napa River Watershed.
History
Through Regional Water Board Resolution R2-2006-0079, adopted November 13, 2006, the San Francisco Bay Regional Water Quality Control Board amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The Basin Plan amendment includes new regulatory provisions, summarized below:
1. Numeric water quality targets for the Napa River consisting of:
• Geometric mean and single sample maxima for E. coli density, Fecal Coliform densities, and Total Coliform densities. In addition, a zero discharge of untreated or inadequately treated human waste was included.
2. A TMDL for the Napa River consisting of:
• Geometric mean and single sample maxima for E. coli density, Fecal Coliform densities, and Total Coliform densities. All sources of untreated or inadequately treated human waste have an allocation of zero.
3. Allocations of the total maximum daily load among the various sources of pathogens in the Napa River watershed:
• On-site sewage disposal systems (septic systems)
• Sanitary sewer systems
• Wastewater treatment facilities
• Confined animal facilities
• Grazing lands
• Municipal runoff
• Wildlife
4. The TMDL implementation plan builds upon existing efforts and requires actions by source categories to reduce pathogen loads and achieve allocations. These actions include evaluation of operating practices, development of comprehensive and site-specific pathogen control measures, and submittal of progress reports documenting actions undertaken.
5. A plan and schedule for monitoring and evaluating progress toward meetings targets and implementing proposed actions.
HISTORY
1. New section summarizing amendment to basin plan filed 12-6-2007; amendment approved by State Water Resources Control Board Resolution No. 2007-0053; amendment approved by OAL pursuant to Government Code section 11353 on 12-6-2007 (Register 2007, No. 49).
§3919. Basin Plan Amendment to Establish a Total Maximum Daily Load (TMDL) and Implementation Plan for Pathogens in the Sonoma Creek Watershed.
History
Through Regional Water Board Resolution R2-2006-0042, adopted June 14, 2006, the San Francisco Bay Regional Water Quality Control Board amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The Basin Plan amendment includes new regulatory provisions, summarized below:
1. Numeric water quality targets for Sonoma Creek consisting of:
• Geometric mean and single sample maxima for E. coli density, Fecal Coliform densities, and Total Coliform densities. In addition, a prohibition of discharge of untreated or inadequately treated human waste was included.
2. A TMDL for Sonoma Creek consisting of:
• Geometric mean and single sample maxima for E. coli density, Fecal Coliform densities, and Total Coliform densities. All sources of untreated or inadequately treated human waste have an allocation of zero.
3. Allocations of the total maximum daily load among the various sources of pathogens in the Sonoma Creek watershed:
• On-site sewage disposal systems (septic systems)
• Sanitary sewer systems
• Municipal runoff
• Grazing lands
• Dairies
• Municipal wastewater treatment facility
• Wildlife
4. The TMDL implementation plan builds upon existing efforts and requires actions by source categories to reduce pathogen loads and achieve allocations. These actions include evaluation of operating practices, development of comprehensive and site-specific pathogen control measures, and submittal of progress reports documenting actions undertaken.
5. A plan and schedule for monitoring and evaluating progress toward meeting targets and implementing proposed actions.
HISTORY
1. New section summarizing amendment to basin plan filed 12-7-2007; amendment approved by State Water Resources Control Board Resolution No. 2007-0054; amendment approved by OAL pursuant to Government Code section 11353 on 12-7-2007 (Register 2007, No. 49).
§3919.1. Site-Specific Water Quality Objectives for Cyanide for San Francisco Bay and an Implementation Plan.
History
Through Regional Water Board Resolution R2-2006-0086, adopted December 13, 2006, the San Francisco Bay Regional Water Quality Control Board amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). On December 4, 2007, the State Water Resources Control Board (State Water Board) approved this amendment under State Water Board Resolution No. 2007-0077. The Basin Plan amendment includes new regulatory provisions, summarized below:
• Chronic (4-day average) and acute (1-hour average) marine site-specific objectives for cyanide in San Francisco Bay.
• An implementation plan and monitoring surveillance program to ensure maintenance and attainment of the marine site-specific objectives and protection of water quality.
• Effluent limits for cyanide shall be derived from the new marine site-specific objectives, using the methodology in the “Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California.”
• Where a shallow water discharge is allowed, effluent limits for such discharges will be based on the dilution credits set forth in the amendment.
HISTORY
1. New section summarizing amendment to basin plan filed 2-28-2008; amendment approved by State Water Resources Control Board Resolution No. 2007-0077 on 12-4-2007; amendment approved by OAL pursuant to Government Code section 11353 on 2-28-2008 (Register 2008, No. 9).
§3919.2. Disposal of Dredged Sediment in San Francisco Bay.
History
On June 19, 2001, the San Francisco Bay Regional Water Quality Control Board adopted two resolutions, which together implement the Long-Term Management Strategy for the Disposal of Dredged Materials in the San Francisco Bay Region (LTMS). The LTMS provides for a phased-in reduction of the volume of dredged sediment disposed of in the San Francisco Bay, while increasing both disposal at a deep ocean disposal site and beneficial reuse of dredged sediment.
Resolution No. 01-064 amends Chapters 4 and 5 of the Water Quality Control Plan for the San Francisco Bay Region to implement LTMS consistent with the 2001 LTMS Management Plan. The amendment sets a long-term overall goal for reducing in-Bay disposal of dredged material at designated disposal sites to one million cubic yards or less per year, to be attained in a step-wise manner over a 12-year period.
Resolution No. 01-065 adopts the guidelines contained in the 1998 Inland Testing Manual and local implementation procedures developed through the Dredged Material Management Office (DMMO) as the appropriate framework for evaluating the suitability of dredged material for disposal at in-Bay disposal sites, recognizes the success of DMMO as a review body for dredging and disposal projects in the Bay, and directs staff to continue to participate in this group. In addition, Resolution No. 01-065 rescinds outdated Resolution Nos. 80-10, 87-53, and 93-009.
HISTORY
1. New section summarizing amendments to Basin Plan filed 3-10-2008; amendments adopted by San Francisco Bay Regional Quality Control Board 6-19-2007 pursuant to Resolution No. 01-064 and Resolution No. 01-065. Approved by the State Water Resources Control Board 11-6-2007 pursuant to Resolution No. 2007-0063; approved by OAL 3-10-2008 pursuant to Government Code section 11353 (Register 2008, No. 11).
§3919.3. Site-Specific Water Quality Objectives for Copper.
History
Through Regional Water Board Resolution R2-2007-0042, adopted June 13, 2007, the San Francisco Bay Regional Water Quality Control Board amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). On January 15, 2008, the State Water Resources Control Board approved this amendment under State Board Resolution 2008-0005. The Basin Plan amendment includes acute and chronic site-specific dissolved copper water quality objectives in San Francisco Bay (north of the Dumbarton Bridge), numeric metal translators used to calculate water quality-based effluent limits for wastewater discharges to the Bay north of the Dumbarton Bridge, and a Bay-wide implementation strategy to ensure attainment of the copper site-specific water quality objectives.
HISTORY
1. New section summarizing amendments to Basin Plan filed 5-13-2008; amendments adopted by the San Francisco Bay Regional Water Quality Control Board 6-13-2007 per Resolution No. R2-2007-0042. Approved by State Water Resources Control Board 1-15-2008 per Resolution No. 2008-0005; approved by OAL 5-13-2008 pursuant to Government Code section 11353 (Register 2008, No. 20).
§3919.4. Walker Creek Watershed Total Maximum Daily Load.
History
On January 23, 2007, the San Francisco Bay Regional Water Quality Control Board (San Francisco Bay Water Board) adopted Resolution No. R2-2007-0010 amending the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). This amendment revised the Basin Plan to: (1) establish new methylmercury water quality objectives in Walker Creek and Soulajule Reservoir and their tributaries, (2) vacate an existing objective for Walker Creek and Soulajule Reservoir and their tributaries, and (3) establish a Total Maximum Daily Load (TMDL) and implementation plan to reduce mercury in the Walker Creek Watershed, which is located in western Marin County. On July 15, 2008, the State Water Resources Control Board approved the amendment under Resolution No. 2008-0055.
The overall goal of this amendment is to reduce mercury levels in Walker Creek and Soulajule Reservoir so that fish-eating wildlife and humans who consume local sport fish are protected from the toxic effects of this persistent, bioaccumulative pollutant. The amendment establishes two new fish tissue-based water quality objectives for mercury in Walker Creek and Soulajule Reservoir. The TMDL allocates discharges of mercury-laden sediment and methylmercury production to sources in the watershed. It includes wasteload allocations for the Gambonini Mine site and load allocations for Soulajule Reservoir and Walker Creek mercury-laden stream deposits.
To implement required control measures, the San Francisco Bay Water Board will rely on the Industrial Stormwater General Permit Program, Waste Discharge Requirements, Waivers of Waste Discharge Requirements, Marin County's Creek Permit Program, and Clean Water Act Section 401 permits.
Approximately every five years, the San Francisco Bay Water Board will evaluate monitoring results and assess progress made towards attaining targets and load allocations. New and relevant information from monitoring, special studies and the scientific literature will be taken into account as it becomes available.
HISTORY
1. New section summarizing amendments to basin plan filed 9-17-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0055 on 7-15-2008; amendment approved by OAL pursuant to Government Code Section 11353 on 9-17-2008 (Register 2008, No. 38).
§3919.5. Total Maximum Daily Load for Pathogens in Richardson Bay.
History
On July 9, 2008, the San Francisco Bay Regional Water Quality Control Board adopted Resolution No. R2-2008-0061, amending the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan) by establishing a Total Maximum Daily Load (TMDL) for pathogens in Richardson Bay. The TMDL sets numeric density-based targets for fecal coliform and enterococci in the water column to ensure protection of designated beneficial uses. On August 4, 2009, the State Water Resources Control Board approved the amendment under Resolution No. 2009-0063.
The targets are based on existing Basin Plan water quality objectives and/or United States Environmental Protection Agency-recommended criteria for the protection of shellfish harvesting and water contact beneficial uses.
The TMDL will be implemented through the National Pollutant Discharge Elimination System (NPDES) storm water permit for the Marin County Municipal Separate Storm Sewer System, Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems, and Basin Plan Waste Discharge Prohibitions for domestic and vessel wastes.
Water quality monitoring is required as part of this TMDL. The San Francisco Bay Water Quality Control Board will review and revise the TMDL, if necessary, based on collected data or other relevant information made available by special studies and scientific literature.
HISTORY
1. New section summarizing amendments to Basin Plan filed 11-2-2009; amendments approved by the State Water Resources Control Board 8-4-2009 per Resolution No. 2009-0063; approved by OAL 11-2-2009 pursuant to Government Code section 11353 (Register 2009, No. 45).
§3919.6. San Francisco Bay PCBs TMDL.
History
Resolution R2-2008-0012, adopted February 13, 2008, by the San Francisco Bay Regional Water Quality Control Board (Water Board) amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The Basin Plan amendment establishes the allowable annual total polychlorinated biphenyls (PCBs) load (Total Maximum Daily Load [TMDL]) to San Francisco Bay, and actions and monitoring necessary to implement the TMDL.
The TMDL sets a numeric concentration-based target for total polychlorinated biphenyls (PCBs), in fish tissue in San Francisco Bay. The target is based on protecting human health risk associated with consumption of recreationally-caught PCBs-contaminated San Francisco Bay fish and protection of wildlife.
The TMDL will mainly be implemented through National Pollutant Discharge Elimination System (NPDES) industrial and municipal wastewater permits and storm water permits, including the Regional Municipal Separate Storm Sewer Systems permit, the California Department of Transportation (Caltrans) permit, 401 water quality certifications issued for navigational dredging activities, and through the authority vested in the Executive Officer by Water Code section 13267.
HISTORY
1. New section summarizing amendment to Basin Plan filed 2-25-2010; amendment approved by State Water Resources Control Board in Resolution No. 2009-0076 on 10-20-2009; amendment approved by OAL pursuant to Government Code section 11353 on 2-25-2010 (Register 2010, No. 9).
§3919.7. Total Maximum Daily Loads for Mercury in the Guadalupe River Watershed.
History
On October 8, 2008, the San Francisco Bay Regional Water Quality Control Board adopted Resolution No. R2-2008-0089 amending the Water Quality Control Plan for the San Francisco Bay Region because waters in the Guadalupe River watershed are impaired by mercury. This amendment establishes for the Guadalupe River watershed two new fish tissue-based water quality objectives for mercury; mercury total maximum daily loads (TMDLs) for seven waters (Alamitos Creek, Guadalupe Creek, Guadalupe River, Guadalupe Reservoir, Almaden Reservoir, Calero Reservoir, and Lake Almaden); an implementation plan to reduce mercury to meet the new TMDLs and implement the new water quality objectives; and a mercury monitoring program. It also vacates an outdated water-column water quality objective (four-day average of 25 ng/l) in the above-mentioned waters.
The implementation plan requires cleanup and abatement of mercury mining waste at mine sites by December 31, 2018. Through existing regulatory controls such as waste discharge requirements and Clean Water Act section 401 certifications, the implementation plan also requires projects proposed within depositional areas downstream of mine sites to minimize erosion. Further, the implementation plan requires the Santa Clara Valley Water District to undertake methylmercury production and control studies and to continue the operation, maintenance and improvement of methylmercury controls in its lakes and reservoirs. Finally, the implementation plan requires urban stormwater runoff agencies to determine whether urban runoff contributes to methylmercury production and bioaccumlation.
HISTORY
1. New section summarizing amendments to the Basin Plan filed 2-24-2010; amendments approved by the San Francisco Bay Regional Water Quality Control Board 10-8-2008 per Resolution No. R2-2008-0089; approved by OAL 2-24-2010 pursuant to Government Code section 11353 (Register 2010, No. 9).
§3919.8. Total Maximum Daily Load for Sediment in Sonoma Creek.
History
On December 10, 2008, the San Francisco Bay Regional Water Quality Control Board adopted Resolution No. R2-2008-0103 amending the Water Quality Control Plan for the San Francisco Bay Region. This amendment establishes a Total Maximum Daily Load (TMDL) for sediment in Sonoma Creek and an implementation plan to achieve the TMDL and related habitat enhancement goals.
The TMDL allocates discharges of sediment to natural erosion processes, non-point sources generated by human actions (e.g., roads, vineyards, grazing, and accelerated bed and bank erosion along Sonoma Creek), and point sources that occur as a result of urban runoff and wastewater discharges. The amendment is also expected to enhance stream habitat attributes including habitat complexity, fish passage, and stream baseflow.
The amendment includes an implementation plan requiring several control measures by responsible parties including developing and submitting various reports of waste discharge and management plans to address sediment loading. To implement required control measures, the San Francisco Bay Water Board will rely on compliance by responsible parties with the implementation measures specified in the Basin Plan Amendment and on Waste Discharge Requirements, Waivers of Waste Discharge Requirements, Clean Water Act Section 401 certifications, and existing NPDES permits for urban stormwater runoff and/or wastewater discharges. Every five years years, the San Francisco Bay Water Board commits to evaluate monitoring results and assess progress made towards attaining targets and load allocations.
HISTORY
1. New section summarizing amendments to the Basin Plan filed 7-12-2010; amendments approved by State Water Resources Control Board Resolution No. 2008-0103 on 12-10-2008; amendments approved by OAL pursuant to Government Code section 11353 on 7-12-2010 (Register 2010, No. 29).
§3919.9. Total Maximum Daily Load for Sediment in Napa River.
History
On September 9, 2009, the San Francisco Bay Regional Water Quality Control Board adopted Resolution No. R2-2009-0064, amending the Water Quality Control Plan for the San Francisco Bay Region. This amendment establishes a total maximum daily load (TMDL) for sediment in the Napa River, and an implementation plan to achieve the TMDL and related habitat enhancement goals.
To implement required control measures, the San Francisco Bay Water Board will rely on Waste Discharge Requirements, Waivers of Waste Discharge Requirements, Clean Water Act Section 401 permits, and existing National Pollutant Discharge Elimination System (NPDES) permits for urban stormwater runoff and/or wastewater discharges. Approximately every five years, the San Francisco Bay Water Board plans to evaluate monitoring results and assess progress made towards attaining targets and load allocations. The San Francisco Bay Water Board may revise the TMDL and implementation plan and schedule as necessary.
HISTORY
1. New section summarizing amendments to the Water Quality Control Plan for the San Francisco Region filed 1-3-2011; amendments approved by the State Water Resources Control Board Resolution No. 2010-0047 on 10-5-2010; amendments approved by OAL pursuant to Government Code section 11353 on 1-3-2011 (Register 2011, No. 1).
§3919.10. Bacteria Water Quality Objectives for Marine and Estuarine Waters Designated for Contact Recreation.
History
On April 14, 2010, the Regional Water Quality Control Board, San Francisco Bay Region (San Francisco Bay Water Board) adopted Resolution No. R2-2010-0066, amending the Water Quality Control Plan for the San Francisco Bay Region. The State Water Resources Control Board approved the amendment under Resolution No. 2010-0016, on April 5, 2011.
San Francisco Bay Water Board Resolution R2-2010-0066, amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The Basin Plan amendment includes new enterococcus water quality objectives to protect the Water Contact Recreation beneficial use in marine and estuarine waters, a new water quality-based enterococcus effluent limitation for NPDES wastewater permits, mandatory inclusion of bacteriological effluent limitations in most NPDES wastewater permits, and limited flexibility for the Regional Board to apply total coliform objectives in effluent limitations and to apply dilution credit in effluent limitations.
HISTORY
1. New section summarizing amendment to basin plan filed 7-14-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0016 on 4-5-2011; amendment approved by OAL pursuant to Government Code section 11353 on 7-14-2011 (Register 2011, No. 28).
§3919.11. Addition of Surface Water Bodies and Designation of Beneficial Uses for Surface Water Bodies Throughout the San Francisco Bay Region.
History
The San Francisco Bay Water Board Resolution R2-2010-0100, adopted July 14, 2010, amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The State Water Resources Control Board approved the amendment under Resolution No. 2011-0058, on December 5, 2011. The Basin Plan amendment adds approximately 280 surface water bodies to Table 2-1 of the Basin Plan and designates beneficial uses for approximately 375 surface water bodies. This amendment is intended to improve the clarity and completeness of the Basin Plan.
HISTORY
1. New section summarizing amendments to basin plan filed 3-9-2012; amendments approved by the State Water Resources Control Board Resolution No. 2011-0058 on 12-5-2011; amendments approved by OAL pursuant to Government Code section 11353 on 3-9-2012 (Register 2012, No. 10).
§3919.12. Refinement of Beneficial Uses for Hayward Marsh.
History
San Francisco Bay Water Board Resolution R2-2011-0057 amended the Water Quality Control Plan for the San Francisco Bay Region (Basin Plan). The State Water Resources Control Board approved the amendment under Resolution No. 2011-0057, on December 5, 2011. The Basin Plan amendment refines the beneficial uses specific to Hayward Marsh by adding Hayward Marsh to Table 2-4 as a distinct water body; removing water contact recreation as a beneficial use; adding the protection of rare and endangered species beneficial use, and sustaining other existing beneficial uses. The amendment also clarifies the water quality objectives that apply to wastewater discharges into Hayward Marsh.
HISTORY
1. New section summarizing amendments to basin plan filed 2-27-2012; amendments approved by State Water Resources Control Board Resolution No. 2011-0057 on 12-5-2011; amendments approved by OAL pursuant to Government Code section 11353 on 2-27-2012 (Register 2012, No. 9).
Article 3. Central Coast Region
§3920. Water Quality Control Plans.
History
The following are changes to the 1990 Water Quality Control Plan for the Central Coast Region (Basin Plan): (1) Revision of language in beneficial use definitions to be more consistent with statewide format. Changes include adding an “Estuarine Habitat”, “Freshwater Replenishment”, “Hydropower Generation”, and “Aquaculture” beneficial use. The “Fish Migration” (Migr) definition is clarified to emphasize waters supporting habitat needed by migrating aquatic organisms is included in the definition. The “Navigation” beneficial use is expanded to include waters used for all types of shipping (not just Naval shipping), waters used for travel, or waters used for transportation. The “Commercial and Sport Fishing” beneficial use is expanded to consider fresh water body areas not just saline waters. The “Shellfish Harvesting” beneficial use is expanded to include waters used for collection of shellfish for human consumption. Shellfish are also defined as filter feeding varieties. (2) Assign designated beneficial uses for approximately 300 additional water bodies and revise beneficial use designations for approximately 150 water bodies. (3) Update water quality objectives for organic chemicals in accordance with Title 22, California Code of Regulations. (4) Add water quality objectives for the Paso Robles ground water basin. (5) Add Regional Water Quality Control Board Policy to alleviate seawater intrusion in the Salinas and Pajaro ground water basins. (6) Add Regional Water Quality Control Board Policy of Appreciation for Discharger Compliance.
HISTORY
1. New article 3 and section filed 9-7-94; operative 9-7-94. Resolution No. 94-01 adopted by the Central Coast Regional Water Control Board 2-11-94. Resolution No. 94-44 adopted by State Water Resources Control Board 5-18-94. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 36).
2. Nonsubstantive amendment to Chapter 5 to remove Section VI.C and repeal Basin Plan Resolution No. 73-05 and Section 5(f) of Basin Plan Resolution No. 89-04 filed 8-31-2006. Amendment adopted 9-9-2005 by the Central Coast Regional Water Quality Control Board Resolution No. R3-2005-0013; approved 5-15-2006 by the State Water Resources Control Board Resolution No. 2006-0029; approved by OAL pursuant to Government Code section 11353 (Register 2006, No. 35).
§3921. Revised Beneficial Use Definitions.
History
The 1994 Water Quality Control Plan for the Central Coast Region (Basin Plan) was amended in September 1994 resulting in revisions to the definitions for the following beneficial uses: Freshwater Replenishment (FRSH), Navigation (NAV), Estuarine Habitat (EST), and Shellfish Harvesting (SHELL).
HISTORY
1. New section filed 3-3-95; operative 3-3-95. Resolution No. 94-06 adopted by the Central Coast Regional Water Quality Control Board 9-8-94. Resolution No. 94-115 adopted by the State Water Resources Control Board 11-17-94. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 9).
§3922. San Lorenzo River Watershed Wastewater Management Plan.
History
The 1994 Water Quality Control Plan for the Central Coast Region (Basin Plan) was amended on April 14, 1995 as follows: the San Lorenzo Valley on-site septic system prohibition was rescinded and replaced with the “Wastewater Management Plan for the San Lorenzo River Watershed” and “San Lorenzo Nitrate Management Plan, Phase II Final Report.”
HISTORY
1. New section filed 10-25-95; operative 10-25-95. Resolution No. 95-04 adopted by the Central Coast Regional Water Quality Control Board 4-14-95. Resolution 95-53 adopted by the State Water Resources Control Board 8-17-95. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 43).
§3923. Removal of the Numeric Nitrate Objective for the San Lorenzo River.
History
On June 2, 2002, the Central Coast Regional Water Quality Control Board adopted Resolution No. 00-001 amending the Water Quality Control Plan for the Central Coast Basin (Basin Plan). The amendment revised the Basin Plan by removing the numeric nitrate objective for the San Lorenzo River. Water quality will continue to be protected by the narrative Basin Plan taste and odor and biostimulatory effects objectives.
The amendment removes the numeric nitrate objective for San Lorenzo River from Chapter Three, page III-14 in the Basin Plan.
HISTORY
1. New section filed 2-13-2002; operative 2-13-2002. Resolution No. 00-001 adopted by the Central Coast Regional Water Quality Control Board 6-2-2000. Approved by OAL pursuant to Government Code section 11353 (Register 2002, No. 7).
§3924. Total Maximum Daily Load (TMDL) for Pathogens in Morro Bay, Including Chorro and Los Osos Creeks.
History
Establishes a Total Maximum Daily Load (TMDL) for pathogens in Morro Bay, Chorro and Los Osos Creeks to address impairment of the beneficial uses of Shellfish Harvesting, Contact Recreation and Non-contact Recreation by excessive levels of bacterial indicator organisms. The numeric target in the Bay is equal to the California Department of Health Service's standard, and the numeric targets for the Creeks are equal to the existing water quality objectives. An implicit margin of safety was incorporated into the TMDL through the use of conservative numeric targets.
The Regional Water Quality Control Board (Regional Board) will rely on self-determined actions and actions required by existing regulatory authority (National Pollutant Discharge Eliminations Systems permits for stormwater discharges and Waste Discharge Requirements [WDRs] for treated sewage discharges) for a ten-year implementation period to achieve the TMDL. The Regional Board will monitoring water quality for compliance with the numeric targets for fecal coliform and/or other appropriate bacterial indicator organisms and will track implementation progress. Any future revision of the TMDL or the numeric targets will be considered through the Basin Plan amendment process. If future revision to the implementation strategy is recommended, the revision will be considered through the Basin Plan amendment process and/or on a case-by-case basis through existing regulatory authority (e.g., additional WDRs).
HISTORY
1. New section filed 11-19-2003; operative 11-19-2003. Resolution No. R3-2002-0117 adopted by the Central Coast Regional Water Quality Control Board 5-16-2003; Resolution No. 2003-060 adopted by the State Water Resources Control Board 9-16-2003. Approved by OAL pursuant to Government Code section 11353 (Register 2003, No. 47).
§3925. Concise Summary of Regulatory Provisions.
History
Regional Board Resolution No. R3-2002-0051, adopted on May 16, 2003 by the Central Coast Regional Water Quality Control Board (Regional Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing a Total Maximum Daily Load (TMDL) for Sediment in Chorro Creek, Los Osos Creek, and the Morro Bay Estuary, adopting numeric targets for sediment, and adopting an implementation plan to achieve the TMDL.
This Basin Plan amendment establishes the TMDL for sediment in Chorro Creek at 30,020 tons/year; in Los Osos Creek at 4,864 tons/year; and in the Morro Bay Estuary at 24,885 tons/year. An implicit margin of safety was incorporated into the TMDL through the use of conservative assumptions throughout the sediment source analysis and characterization of beneficial uses impacts. The Regional Board set load allocations for subwatersheds based on fifty percent reductions in erosion. The amendment establishes numeric targets for streambed sediment characteristics known to be supportive of the beneficial uses protecting anadromous fish and for the volume of tidal prism in the Morro Bay Estuary. The numeric targets interpret narrative water quality objectives for sediment in the Basin Plan. The Regional Board will evaluate the TMDL by monitoring numeric targets and tracking implementation actions. Implementation emphasizes the activities of the Morro Bay National Estuary Program, Coastal San Luis Resources Conservation District, and other public and private groups to implement self-determined activities identified in the amendment language. If self-determined actions have not been completed at the end of the third year of implementation, staff will develop a regulatory approach (rather than a self-determined approach) and present a revised implementation plan to the Regional Board as a Basin Plan amendment. This Basin Plan amendment establishes a 50-year implementation period to achieve the TMDL. Revision of the TMDL, the numeric targets, or the implementation strategy would be considered through the Basin Plan amendment process.
HISTORY
1. New section summarizing regulatory provisions of basin plan amendment filed 12-3-2003; regulatory provisions adopted by the Central Coast Regional Water Quality Control Board pursuant to Resolution No. R3-2002-0051 on 5-16-2003; approved by OAL and effective 12-3-2003 pursuant to Government Code section 11353 (Register 2003, No. 49).
§3926. Amends the Water Quality Control Plan (Basin Plan) for the Central Coast Region to Include a Revised and Updated Monitoring and Assessment Chapter (Chapter 6).
History
On December 24, 2002, the Central Coast Regional Water Quality Control Board (Regional Board) adopted an amendment to the Water Quality Control Plan -- Central Coastal Basin, 1994 (Basin Plan). The Water Quality Control Plan -- Central Coastal Basin, 1994 (Basin Plan) serves as the cornerstone water quality protection policy and legal standards for the Central Coast. It identifies beneficial uses of surface and ground waters, establishes water quality objectives to protect beneficial uses, and provides an implementation plan to achieve those objectives. The Basin Plan includes a chapter on surveillance, monitoring, and assessment programs of the State and the Region (Chapter 6). Over the intervening years, new monitoring and assessment programs have been developed and existing monitoring and assessment programs have changed.
The purpose of this amendment is to include up-to-date information on State and Regional surveillance, monitoring, and assessment programs and requirements described in Chapter 6 of the Basin Plan.
HISTORY
1. New section summarizing regulatory provisions of Basin Plan amendment filed 12-22-2003; operative 12-22-2003 (Register 2003, No. 52). Basin Plan amendment adopted by the Central Coast Regional Water Quality Control Board 12-24-2002. Approved by OAL 12-23-2003 pursuant to Government Code section 11353.
§3927. A Total Maximum Daily Load and Implementation Plan for Sediment in the San Lorenzo River, Including Carbonera Creek, Lompico Creek, and Shingle Mill Creek.
History
Regional Board Resolution No. R-3-2002-0063, adopted on May 16, 2003 by the Central Coast Regional Water Quality Control Board (Regional Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing Total Maximum Daily Loads (TMDLs) for Sediment in the San Lorenzo River, including Carbonera Creek, Lompico Creek, and Shingle Mill Creek, adopting numeric targets for sediment, and adopting an implementation plan to achieve the TMDLs.
This Basin Plan amendment establishes the TMDL for sediment in the San Lorenzo River at 306,139 tons/year; in Carbonera Creek at 11,728 tons/year; in Lompico Creek at 9,542 tons/year; and in Shingle Mill Creek at 857 tons/year. An implicit margin of safety was incorporated into the TMDLs through the use of conservative assumptions throughout the sediment source analysis and characterization of beneficial use impacts. The Regional Board also allocated the TMDLs, based on achievable reductions in sediment loading of up to 27 percent of current loads, to the major land use categories in the watershed. Through this Basin Plan amendment, the Regional Board adopted numeric targets for streambed sediment characteristics known to be supportive of the beneficial uses protecting anadromous fish. These numeric targets interpret narrative water quality objectives for sediment in the Basin Plan. The Regional Board will evaluate the TMDLs by monitoring numeric targets and tracking implementation actions. Implementation emphasizes the role of the Santo Cruz County Departments of Planning and Public Works, the Santa Cruz County Resource Conservation District, and other public and private groups to implement self-determined activities identified in the amendment language. By the end of the first year of implementation, the Regional Board and the implementing parties will establish a time schedule for completion of trackable implementation actions identified in the amendment language, or, staff will develop the schedule and present it to the Regional Board as a Basin Plan amendment. If, in future years, self-determined actions have not been completed, staff will develop a regulatory approach (rather than a self-determined approach) and present a revised implementation plan to the Regional Board as a Basin Plan amendment. The Regional Board scheduled a 25-year implementation period to achieve the TMDL. Revision of the TMDL, the numeric targets, or the implementation strategy would be considered through the Basin Plan amendment process.
HISTORY
1. New section summarizing regulatory provisions of Basin Plan amendment filed 12-18-2003; operative 12-18-2003. Basin Plan amendment adopted by the Central Coast Regional Water Quality Control Board pursuant to Resolution No. R3-2002-063 on 5-16-2003; Resolution No. 2003-0061, approving the amendment to the Basin Plan, adopted by the State Water Resources Control Board on 9-16-2003. Approved by OAL 12-18-2003 pursuant to Government Code section 11353 (Register 2003, No. 51).
§3928. Total Maximum Daily Load (TMDL) and Implementation Plan for Pathogens in San Luis Obispo Creek.
History
On December 3, 2004, the Central Coast Regional Water Quality Control Board (Central Coast Water Board) adopted Resolution No. R3-2004-0142 amending the Water Quality Control Plan for the Central Coast Region (Basin Plan). The amendment revised the Basin Plan by establishing the San Luis Obispo Creek Total Maximum Daily Load and Implementation Plan for Pathogens (TMDL).
The TMDL addresses impairment of San Luis Obispo Creek due to fecal coliform. Current fecal coliform concentration in San Luis Obispo Creek is impairing the water contact recreation and non-contact water recreation beneficial uses (REC-1 and REC-2, respectively.) The TMDL establishes a numeric target for fecal coliform consistent with current Basin Plan objectives protecting both REC-1 and REC-2 beneficial uses. Fecal coliform concentration, based on a minimum of not less than five samples for any 30-day period, shall not exceed a log mean of 200 MPN per 100mL, nor shall more than ten percent of total samples collected during any 30-day period exceed 400 MPN per 100mL. Achieving the numeric target is the responsibility of several entities described in the Basin Plan amendment. An implicit margin of safety is utilized in the TMDL to account for uncertainties.
The Central Coast Water Board is relying on existing regulatory authority to insure implementation actions are carried out by the implementing parties using existing permits. An implementation target of ten years is established for achieving the TMDL. The Central Coast Water Board will track progress towards achieving the TMDL through review of implementation actions and monitoring conducted by the implementing parties. Staff will conduct triennial reviews of implementation actions and monitoring results. If existing efforts are not expected to achieve the TMDL as scheduled (as determined by a triennial review), staff will recommend that additional reporting, monitoring, or implementation efforts be required either through approval by the Executive Officer (e.g., pursuant to California Water Code section 13267 or 13383) or by the Central Coast Water Board (e.g., through revisions of existing permits and/or a Basin Plan amendment).
HISTORY
1. New section summarizing amendments to Basin Plan filed 7-25-2005; operative 7-25-2005. Amendments adopted by the Central Coast Regional Water Quality Control Board 12-3-2004 by Resolution No. R3-2004-0142; approved by the State Water Resources Control Board 5-19-2005 by Resolution 2005-0037; approved by OAL 7-25-2005 pursuant to Government Code section 11353 (Register 2005, No. 30).
§3929. Total Maximum Daily Load (TMDL) and Implementation Plan for Nitrate-N in San Luis Obispo Creek.
History
Resolution No. R3-2005-0106, adopted on September 9, 2005 by the Central Coast Regional Water Quality Control Board (Central Coast Water Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board (State Water Board) approved the amendment on June 21, 2006, under Resolution No. 2006-0045. Resolution No. R3-2005-0106 established the San Luis Obispo Creek Total Maximum Daily Load (TMDL) and Implementation Plan for Nitrate-Nitrogen (nitrate-N). The TMDL addresses impairment of San Luis Obispo Creek due to nitrate-N. Current nitrate-N concentrations in San Luis Obispo Creek are impairing the beneficial uses of the municipal and domestic supply of water. The TMDL establishes a numeric target for nitrate-N consistent with the current Water Quality Control Plan objective protecting the municipal and domestic water supply beneficial use. Responsibility for achieving the numeric target falls upon several entities as described in the resolution. The TMDL utilizes an implicit margin of safety to account for uncertainties. The Central Coast Water Board is relying on existing regulatory authority to ensure that implementation actions are carried out, through National Pollutant Discharge Elimination System permits, waste discharge requirements, and waivers. An implementation target date of the year 2012 is established for achieving the TMDL. The Central Coast Water Board will track progress towards achieving the TMDL through review of implementation actions and monitoring conducted by the implementing parties. Central Coast Water Board staff plans to conduct triennial reviews of implementation actions and monitoring results. If the triennial review shows that existing efforts will not achieve the TMDL as scheduled, the Executive Officer of the Central Coast Water Board may require changes to existing monitoring, reporting, or implementation efforts, pursuant to California Water Code section 13267 or section 13383.
HISTORY
1. New section summarizing amendments to Basin Plan filed 8-4-2006; operative 8-4-2006. Amendments adopted by the Central Coast Regional Water Quality Control Board 9-9-2005 by Resolution No. R3-2005-0106; approved by State Water Resources Control Board 6-21-2006 by Resolution No. 2006-0045; approved by OAL pursuant to Government Code section 11353 8-4-2006 (Register 2006, No. 31).
§3929.1. Total Maximum Daily Load and Implementation Plan for Pathogens, Livestock Waste Discharge Prohibition, and Removal of the Shellfish Harvesting Beneficial Use from Watsonville Slough and Tributaries.
History
Resolution No. R3-2006-0025, adopted on March 24, 2006 by the Central Coast Regional Water Quality Control Board (Central Coast Water Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing the Watsonville Slough Total Maximum Daily Load (TMDL) for pathogens, adopting numeric targets for indicator organisms, adopting an implementation plan to achieve the TMDL, and adopting a livestock waste discharge prohibition. The State Water Resources Control Board (State Water Board) approved the amendment on September 21, 2006, under Resolution No. 2006-0067.
The TMDL addresses the Watsonville Slough Watershed, which includes Watsonville, Harkins, Struve, Hanson, and Gallighan Sloughs, which do not meet water quality standards due to pathogens. An implicit margin of safety was incorporated into the TMDL through the use of conservative assumptions throughout the source analysis and characterization of beneficial use impacts. The Central Coast Water Board set load allocations for operators or owners of irrigated lands who land-apply non-sterile manure, as well as operators of livestock facilities or owners of animals and livestock facilities. The Central Coast Water Board set wasteload allocations for Santa Cruz County and the City of Watsonville. The amendment establishes numeric targets for the indicator organism fecal coliform that demonstrate the presence of fecal pollution. These numeric targets are consistent within the Basin Plan's water quality objectives that are known to be supportive of the beneficial uses protecting water contact recreation. The numeric targets are the water quality objectives for water contact recreation in the Basin Plan.
The TMDL relies on a livestock waste discharge prohibition for the Watsonville Slough Watershed that prohibits owners of animals and livestock facilities or operators of livestock facilities from discharging any livestock animal waste from any activity into waters of the State within the Watsonville Slough Watershed, or to submit either a Nonpoint Source Pollution Control Implementation Program or document that their activity does not result in a discharge. The Central Coast Water Board will also rely upon National Pollutant Discharge Elimination System permits, waste discharge requirements (WDRs), and waivers of WDRs to ensure that implementing parties carry out implementation actions. As described in the resolution, several entities are responsible for achieving the numeric target. This Basin Plan amendment establishes a ten year implementation period to achieve the TMDL. The amendment specifies that the Central Coast Water Board will track progress towards achieving the TMDL through review of implementation actions and monitoring conducted by the implementing parties. The amendment also states that the Central Coast Water Board staff will conduct triennial reviews of implementation actions and monitoring results. If monitoring demonstrates efforts will not achieve the TMDL as scheduled (as determined by a triennial review), the Executive Officer of the Central Coast Water Board may require changes to existing monitoring, reporting, or implementation efforts pursuant to Water Code (WC) sections 13267 or 13383. Should Nonpoint Source Pollution Control Implementation Programs or documentation require modification, or if a party fails to submit a Program or documentation, the Executive Officer may issue a civil liability complaint pursuant to WC sections 13268 or 13350 or, alternatively, propose individual or general WDRs to assure compliance with the prohibition.
HISTORY
1. New section summarizing amendments to basin plan filed 11-20-2006; amendments approved by State Water Resources Control Board Resolution No. 2006-0067 on 9-21-2006; amendments approved by OAL pursuant to Government Code section 11353 on 11-20-2006 (Register 2006, No. 47).
§3929.2. Total Maximum Daily Loads and Implementation Plan for Sediment in Pajaro River Including Llagas Creek, Rider Creek, and San Benito River and a Land Disturbance Prohibition.
History
Resolution No. R3-2005-0132, adopted on December 2, 2005 by the Central Coast Regional Water Quality Control Board (Central Coast Water Board), modified the regulatory provisions of the Water Quality Control Plan for the Central Coast Region (Basin Plan) by establishing Pajaro River Watershed Total Maximum Daily Load (TMDLs) for sediment (including Llagas Creek, Rider Creek, and San Benito River); adopted numeric targets for sediment; adopted an implementation plan to achieve the TMDLs, and adopted a Land Disturbance Prohibition. The State Water Resources Control Board (State Water Board) approved the amendment on September 21, 2006, under Resolution No. 2006-0068.
The TMDLs address impairment of Pajaro River, Llagas Creek, Rider Creek, and San Benito River due to sedimentation. An implicit margin of safety was incorporated into the TMDLs through the use of conservative assumptions throughout the sediment source analysis and characterization of beneficial use impacts. The Central Coast Water Board set load allocations for subwatersheds based on reduction of sediment from agricultural, rangeland, rural residential, and mining activities, as well as reductions in road-related erosion. The amendment establishes numeric targets for suspended sediment concentrations and streambed sediment characteristics that are known to be supportive of the beneficial uses protecting anadromous fish. The numeric targets interpret narrative water quality objectives for sediment in the Basin Plan.
The TMDLs rely on a Land Disturbance Prohibition for the Pajaro River Watershed that requires owners and operators of grazing, farm animal and livestock, hydromodification, and road activities to submit a Nonpoint Source Pollution Control Implementation Program or document that their activity does not result in the discharge of sediment. The Central Coast Water Board will rely upon National Pollutant Discharge Elimination System permits, waste discharge requirements (WDRs) and waivers of WDRs to ensure that implementing parties carry out implementation actions. Responsibility for achieving the numeric targets falls upon several entities as described in the resolution. This Basin Plan amendment establishes a 45-year implementation period to achieve the TMDLs. The Central Coast Water Board plans to track progress towards achieving the TMDLs through review of implementation actions and monitoring conducted by the implementing parties. Central Coast Water Board staff plans to conduct triennial reviews of implementation actions and monitoring results. If ongoing efforts are not expected to achieve the TMDLs as scheduled (as determined by a triennial review), the Executive Officer of the Central Coast Water Board may require changes to existing monitoring, reporting, or implementation efforts pursuant to Water Code (WC) section 13267 or 13383. Should Nonpoint Source Pollution Control Implementation Programs or documentation require modification or, if a party fails to submit a Program or documentation, the Executive Officer may issue a civil liability complaint pursuant to WC section 13268 or 13350 or, alternatively, propose individual or general WDRs to assure compliance with the prohibition.
HISTORY
1. New section summarizing amendments to basin plan filed 11-27-2006; amendments approved by State Water Resources Control Board Resolution No. 2006-0068 on 9-21-2006; amendments approved by OAL pursuant to Government Code section 11353 on 11-27-2006 (Register 2006, No. 48).
§3929.3. Pajaro River Watershed Total Maximum Daily Loads and Implementation Plan for Fecal Coliform, Domestic Animal Waste Discharge Prohibition, and Human Fecal Material Discharge Prohibition.
History
On March 20, 2009, the Regional Water Quality Control Board, Central Coast Region (Central Coast Water Board) adopted Resolution No. R3-2009-0008, amending the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board approved the amendment under Resolution No. 2010-0015, on April 20, 2010.
Resolution No. R3-2009-0008 establishes Total Maximum Daily Loads (TMDLs) and an Implementation Plan for Fecal Coliform in the Pajaro River Watershed. The TMDLs address impairment of the Pajaro River Watershed (including Pajaro River, San Benito River, Llagas Creek, Tequisquita Slough, San Juan Creek, Carnadero/Uvas Creek, Bird Creek, Pescadero Creek, Tres Pinos Creek, Furlong (Jones) Creek, Santa Ana Creek, and Pachecho Creek) due to fecal coliform concentrations exceeding water quality objectives. Resolution R3-2009-0008 also establishes a Domestic Animal Waste Discharge Prohibition and a Human Fecal Material Discharge Prohibition for the Pajaro River Watershed.
The amendment establishes a numeric target for fecal coliform concentrations equal to the Basin Plan water quality objectives for the protection of the water contact recreation beneficial use. Responsible parties with allocations and subject to requirements under the TMDLs are the following: (1) municipal separate storm sewer systems required to be covered by a National Pollutant Discharge Elimination System (NPDES) permit, (2) sanitary sewer collection and treatment systems (spills and leaks), (3) owners and operators of private sewer laterals connected to municipal sanitary sewer collection and treatment systems, and (4) owners and operators of lands containing domestic animals. The TMDLs will be implemented through NPDES permits, Waste Discharge Requirements and the Discharge Prohibitions.
Central Coast Water Board staff will conduct triennial reviews of implementation actions, monitoring results, and evaluations submitted by responsible parties of their progress towards achieving their allocations. Three-year reviews will continue until the water quality objectives are achieved. The compliance schedule for achieving the TMDLs and the numeric target for fecal coliform concentration is 13 years after the TMDLs are approved by the Office of Administrative Law.
HISTORY
1. New section summarizing amendments to basin plan filed 7-12-2010; amendments approved by State Water Resources Control Board Resolution No. 2010-0015 on 4-20-2010; amendments approved by OAL pursuant to Government Code section 11353 on 7-12-2010 (Register 2010, No. 29).
§3929.4. Soquel Lagoon Watershed Total Maximum Daily Loads and Implementation Plan for Fecal Coliform, Domestic Animal Waste Discharge Prohibition, Human Fecal Material Discharge Prohibition, and Shellfish Harvesting Beneficial Use Removal from Soquel Lagoon.
History
On May 8, 2009, the Regional Water Quality Control Board, Central Coast Region (Central Coast Water Board) adopted Resolution No. R3-2009-0024, amending the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board approved the amendment under Resolution No. 2010-0031, on July 6, 2010.
Resolution No. R3-2009-0024 establishes Total Maximum Daily Loads (TMDLs) for fecal coliform in the Soquel Lagoon, Soquel Creek and Noble Gulch (Soquel Lagoon Watershed), adds the Soquel Lagoon Watershed to the human fecal material discharge prohibition and the domestic animal waste discharge prohibition, and removes the shellfish harvesting beneficial use from the Soquel Lagoon.
The Central Coast Water Board set wasteload and load allocations for subwatersheds, and numeric targets for receiving waters, based on the Basin Plan water quality objectives for fecal coliform in waters supporting body contact recreation. Implementation of the TMDLs relies on non-point discharger compliance with prohibitions against the discharge of domestic animal waste and human fecal material. Responsible parties will need to demonstrate compliance with the prohibitions through reporting to the Central Coast Water Board or its Executive Officer. Additionally, the Central Coast Water Board will rely upon existing National Pollutant Discharge Elimination System permits and Waste Discharge Requirements to insure that implementing parties carry out implementation actions.
The Basin Plan amendment removes Shellfish Harvesting as a beneficial use in Soquel Lagoon. The Central Coast Water Board determined that this beneficial use designation was unsupportable based on background water quality, habitat conditions and the absence of any shellfish harvesting currently or historically in the Lagoon.
Central Coast Water Board staff plan to conduct triennial reviews of implementation actions, monitoring results, and evaluations submitted by responsible parties of their progress towards achieving their allocations. The compliance schedule for achieving the TMDLs and the numeric target for fecal coliform concentration is 13 years after the TMDLs are approved by the Office of Administrative Law.
HISTORY
1. New regulation summarizing amendments to basin plan filed 9-15-2010; amendment approved by State Water Resources Control Board Resolution No. 2010-0031 on 7-6-2010; amendment approved by OAL pursuant to Government Code section 11353 on 9-15-2010 (Register 2010, No. 38).
§3929.5. Aptos Creek Watershed Total Maximum Daily Loads and Implementation Plan for Fecal Coliform, Domestic Animal Waste Discharge Prohibition, and Human Fecal Material Discharge Prohibition.
History
On May 8, 2009, the Regional Water Quality Control Board, Central Coast Region (Central Coast Water Board) adopted Resolution No. R3-2009-0025, amending the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board approved the amendment under Resolution No. 2010-0038, on August 3, 2010.
Resolution No. R3-2009-0025 establishes Total Maximum Daily Loads (TMDLs) for fecal coliform in the Aptos Creek, Valencia Creek, and Trout Gulch (Aptos Creek Watershed), and adds the Aptos Creek Watershed to the Basin Plan's human fecal material discharge prohibition and domestic animal waste discharge prohibition.
The Central Coast Water Board set wasteload and load allocations for subwatersheds, and numeric targets for receiving waters based on the Basin Plan water quality objectives for fecal coliform in waters supporting body contact recreation. Implementation of the TMDLs relies on compliance by non-point source dischargers with prohibitions against the discharge of domestic animal waste and human fecal material. Responsible parties will need to demonstrate compliance with the prohibitions through reporting to the Central Coast Water Board or its Executive Officer. Additionally, the Central Coast Water Board will rely upon existing NPDES permits and Waste Discharge Requirements to ensure that implementing parties carry out implementation actions.
Central Coast Water Board staff will conduct triennial reviews of implementation actions, monitoring results, and evaluations submitted by responsible parties of their progress toward achieving their allocations. Triennial reviews will continue until the water quality objectives are achieved. The compliance schedule for achieving the TMDLs and the numeric target for fecal coliform concentration is 13 years after the TMDLs are approved by the Office of Administrative Law.
HISTORY
1. New section summarizing amendment to basin plan filed 10-29-2010; amendment approved by State Water Resources Control Board Resolution No. 2010-0038 on 8-3-2010; amendment approved by OAL pursuant to Government Code section 11353 on 10-29-2010 (Register 2010, No. 44).
§3929.6. San Lorenzo River Watershed Total Maximum Daily Loads and Implementation Plan for Fecal Coliform, Domestic Animal Waste Discharge Prohibition, Human Fecal Material Discharge Prohibition, and Shellfish Harvesting Beneficial Use Removal from San Lorenzo River Estuary.
History
On May 8, 2009, the Regional Water Quality Board, Central Coast Region (Central Coast Water Board) adopted Resolution No. R3-2009-0023, amending the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board approved the amendment under Resolution No. 2011-0010, on March 1, 2011.
Regional Board Resolution No. R3-2009-0023, establishes Total Maximum Daily Loads (TMDLs) for fecal coliform in the San Lorenzo River Estuary, San Lorenzo River, Branciforte Creek, Camp Evers Creek, Carbonera Creek and Lompico Creek, adds the San Lorenzo River Watershed to the human fecal material discharge prohibition and the domestic animal waste discharge prohibition, and removes the shellfish beneficial use from the San Lorenzo River Estuary.
The Central Coast Water Board set wasteload and load allocations for subwatersheds, and numeric targets for receiving waters based on the Basin Plan water quality objectives for fecal coliform in waters supporting body contact recreation. Implementation of the TMDLs relies on compliance by non-point source dischargers with prohibitions against the discharge of domestic animal waste and human fecal material. Responsible parties will need to demonstrate compliance with the prohibitions through reporting to the Central Coast Water Board or its Executive Officer. Additionally, the Central Coast Water Board will rely upon existing National Pollutant Discharge Elimination System permits and Waste Discharge Requirements to ensure that implementing parties carry out implementation actions.
The Basin Plan amendment removes Shellfish Harvesting as a beneficial use in the San Lorenzo River Estuary. The Central Coast Water Board determined that this beneficial use designation was unsupportable based on background water quality, habitat conditions and the absence of any shellfish harvesting currently or historically in the Estuary.
Central Coast Water Board staff plan to conduct triennial reviews of implementation actions, monitoring results, and evaluations submitted by reasonable parties of their progress towards achieving their allocations. The compliance schedule for achieving the TMDLs and the numeric target for fecal coliform concentration is 13 years after the TMDLs are approved by the Office of Administrative Law.
HISTORY
1. New section summarizing amendment to basin plan filed 6-8-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0010 on 3-1-2011; amendment approved by OAL pursuant to Government Code section 11353 on 6-8-2011 (Register 2011, No. 23).
§3929.7. Corralitos and Salsipuedes Creek Watershed Total Maximum Daily Loads and Implementation Plan for Fecal Coliform, Domestic Animal Waste Discharge Prohibition, and Human Fecal Material Discharge Prohibition.
History
On March 20, 2009, the Regional Water Quality Control Board, Central Coast Region (Central Coast Water Board) adopted Resolution No. R3-2009-0009, amending the Water Quality Control Plan for the Central Coast Region. The State Water Resources Control Board approved the amendment under Resolution No. 2011-0019, on April 19, 2011.
Regional Board Resolution No. R3-2009-0009, establishes Total Maximum Daily Loads (TMDLs) for fecal coliform in the Corralitos and Salsipuedes Creeks and adds the Corralitos and Salsipuedes Creek Watershed to the human fecal material discharge prohibition and the domestic animal waste discharge prohibition.
The Central Coast Water Board set wasteload and load allocations for the watershed, and numeric targets for receiving waters based on the Basin Plan water quality objectives for fecal coliform in waters supporting body contact recreation. Implementation of the TMDLs relies on compliance by non-point source dischargers with prohibitions against the discharge of domestic animal waste and human fecal material. Responsible parties will need to demonstrate compliance with the prohibitions through reporting to the Central Coast Water Board or its Executive Officer. Additionally, the Central Coast Water Board will rely upon existing National Pollutant Discharge Elimination System permits and Waste Discharge Requirements to ensure that implementing parties carry out implementation actions.
Central Coast Water Board staff plan to conduct triennial reviews of implementation actions, monitoring results, and evaluations submitted by responsible parties of their progress towards achieving their allocations. The compliance schedule for achieving the TMDLs and the numeric target for fecal coliform concentration is 13 years after the TMDLs are approved by the Office of Administrative Law.
HISTORY
1. New section summarizing amendments to basin plan filed 9-8-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0019 on 4-19-2011; amendment approved by OAL pursuant to Government Code section 11353 on 9-8-2011 (Register 2011, No. 36).
§3929.8. Total Maximum Daily Loads for Fecal Coliform in Lower Salinas River Watershed, Domestic Animal Waste Discharge Prohibition, and Human Fecal Material Discharge Prohibition.
History
On September 2, 2010, the Regional Water Quality Control Board, Central Coast Region (Water Board) adopted Resolution No. R3-2010-0017, amending the Water Quality Control Plan for the Central Coast Region (Basin Plan). The State Water Resources Control Board approved the amendment under Resolution No. 2011-0040 on September 19, 2011.
Resolution No. R3-2010-0017 establishes the Lower Salinas River Watershed Total Maximum Daily Load (TMDL) and Implementation Plan for Pathogens. The TMDL addresses impairment of the Lower Salinas River Watershed (including Lower Salinas River, Old Salinas River, Tembladero Slough, Salinas Reclamation Canal, Alisal Creek, Gabilan Creek, Natividad Creek, Salinas River Lagoon (North), Santa Rita Creek, Quail Creek, Chualar Creek, and Towne Creek; ) due to fecal coliform. Resolution R3-2010-0017 also adds the Lower Salinas River Watershed to the Domestic Animal Waste Discharge Prohibition and a Human Fecal Material Discharge Prohibition established by the Water Board in March 2009.
Current fecal coliform concentrations in Lower Salinas River Watershed waters are impairing the water contact beneficial use (REC-1). The TMDL establishes a numeric target for fecal coliform consistent with current Basin Plan objectives protecting the REC-1 beneficial use. Responsibility for achieving the numeric target falls upon several entities as described in the Resolution. An implicit margin of safety is utilized in the TMDL to account for uncertainties. The Water Board is relying on existing regulatory authority (waste discharge permits) and discharge prohibitions to ensure implementation actions are carried out by the implementing parties. An implementation target of 13 years is established for achieving the TMDL. The Water Board will track progress towards achieving the TMDL through review of implementation actions and monitoring conducted by the implementing parties. Water Board staff will conduct triennial reviews of implementation actions and monitoring results. If existing efforts are not expected to achieve the TMDL as scheduled (as determined by a triennial review), the Executive Officer or the Water Board may require changes to existing monitoring, reporting, or implementation efforts pursuant to CWC Section 13263, 13267 or 13383.
HISTORY
1. New section summarizing amendments to basin plan filed 12-20-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0040 9-19-2011; amendment approved by OAL pursuant to Government Code section 11353 12-20-2011 (Register 2011, No. 51).
Article 4. Los Angeles Region
§3930. Revised Water Quality Control Plan for the Los Angeles Region.
History
The revised Water Quality Control plan (Basin Plan) for the Los Angeles Region, as adopted June 13, 1994, by the Los Angeles Regional Water Quality Control Board modifies the regulatory provisions of the previous Basin Plan and its amendments as follows:
(a) Beneficial Use Categories and Definitions: Add definitions for “Aquaculture,” “Estuarine Habitat,” and “Wetland Habitat.” Revise beneficial use categories previously incorporated: “Municipal and Domestic Supply,” “Agricultural Supply,” “Industrial Process Supply,” “Freshwater Replenishment,” “Navigation,” “Contact Water Recreation,” “Non-Contact Water Recreation,” “Commercial and Sport Fishing,” “Warm Freshwater Habitat,“ “Cold Freshwater Habitat,” “Inland Saline Water Habitat,” “Marine Habitat,” “Wildlife Habitat,” “Rare, Threatened or Endangered Species,” “Migration of Aquatic Organisms,” “Spawning, Reproduction, and/or Early Development,” and “Shellfish Harvesting.”
(b) Water Body Type Definitions: add definition of “Wetlands”;
(c) Waste Discharge Requirements (Inland Waters): Add interim restriction on new effluent limits for waters designated as “Municipal and Domestic Supply” (MUN) under State Board Resolution No. 88-63 and Regional Board Resolution No. 89-03.
(d) Add clarification of “Wetland Habitat” designation.
(e) Inland Surface Water:
(1) Add numeric and narrative objectives for total and un-ionized ammonia;
(2) Amend coliform bacteria testing frequency;
(3) Add narrative objective for bioaccumulation;
(4) Add narrative objective for biochemical oxygen demand;
(5) Add narrative objective and revise numeric objectives for chemical constituents in MUN use;
(6) Add numeric and narrative objectives for total residual chlorine;
(7) Add narrative objective for exotic vegetation;
(8) Add numeric objective for methylene blue activated substances;
(9) Revise numeric objective for pesticides;
(10) Add numeric and narrative objective for polychlorinated biphenyls;
(11) Revise numeric objectives for radioactivity in MUN use;
(12) Add maximum contaminant level numeric objective for uranium in MUN use;
(13) Revise numeric objective for temperature;
(14) Revise narrative objective for toxicity;
(15) Revise narrative objective for turbidity;
(16) Add narrative objective for wetlands;
(17) Revise numeric mineral objectives for total dissolved solids (TDS), sulfate, chloride, boron, nitrogen and sodium adsorption ratio for selected inland surface waterbodies.
(f) Ground Water:
(1) Revise numeric objective for bacteria;
(2) Revise numeric objectives for chemical constituents and radionuclides in MUN use;
(3) Add maximum contaminant level numeric objective for Uranium in MUN use;
(4) Revise numeric mineral objectives for TDS, sulfate, chloride, and boron for selected ground water basins;
(5) Add numeric objective for nitrogen.
(g) Site specific objectives:
(1) Add guidelines for the development of site-specific objectives;
(2) Add criteria for site-specific determination of effluent limit.
(h) Waste Discharge Requirements (Land Disposal):
(1) Add procedures for siting inert landfills.
HISTORY
1. New article 4 and section filed 2-23-95; operative 2-23-95. Resolution No. 94-007 adopted by the Los Angeles Regional Water Quality Control Board 6-13-94. Resolution No. 94-89 adopted by State Water Resources Control Board 11-17-94. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 8).
§3931. Revision of Surface Water Quality Objectives for Chloride and Incorporation of a Revised Policy for Addressing Levels of Chloride in Discharges of Wastewater.
History
Regional Board Resolution No. 97-02, adopted on January 27, 1997, by the Los Angeles Regional Water Quality Control Board (LARWQCB), modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by: (1) revising chloride objectives for certain water body segments in the Los Angeles River and San Gabriel River watersheds, (2) establishing interim chloride limits for existing dischargers in the Santa Clara River and Calleguas Creek watersheds, and (3) establishing a procedure to assess chloride loading and effect protection of the agricultural beneficial use in the Santa Clara River and Calleguas Creek watersheds.
HISTORY
1. New section filed 1-9-98; operative 1-9-98. Resolution No. 97-02 adopted by Los Angeles Regional Water Quality Control Board 1-27-97. Approved by OAL pursuant to Government Code section 11353 (Register 98, No. 2).
§3932. Removal of the Municipal and Domestic (MUN) Beneficial Use Designation from Two Areas of One Ground Water Basin.
History
Regional Board Resolution No. 98-18 adopted on November 2, 1998 by the Los Angeles Regional Water Quality Control Board modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by removing the MUN beneficial use designation from two specifically defined areas of one ground water basin [the portion of West Basin underlying Chevron Facility in El Segundo and the aquifers underlying Terminal Island and portions of the Los Angeles and Long Beach Harbors].
HISTORY
1. New section summarizing amendment to plan filed 2-9-2000; Basin Plan amendment adopted by the Los Angeles Regional Water Quality Control Board 11-2-98 per Resolution No. 98-18; approved by OAL and effective 2-9-2000 pursuant to Government Code section 11353 (Register 2000, No. 6).
§3933. A Total Maximum Daily Load for Trash for the East Fork of the San Gabriel River.
History
Resolution No. 99-15, adopted on October 28, 1999 by the Los Angeles Regional Water Quality Control Board (LARWQCB), modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for Trash for the East Fork of the San Gabriel River. The TMDL addresses impairment to water quality due to trash being deposited in and along the stream by recreational users. The TMDL sets a numeric target of no trash in the river which implicitly incorporates a margin of safety, based on a conservative interpretation of narrative water quality objectives. As the responsible party, the U.S. Forest Service is assigned a load allocation of zero trash discharged to the river. On May 25, 2000, the LARWQCB adopted Resolution No. 00-10, which revised the implementation dates contained within the TMDL. The U.S. Forest Service must submit a TMDL Implementation Plan within 60 days of the effective date of the amendment and begin implementation and monitoring within 90 days of the effective date of the amendment. The U.S. Forest Service must demonstrate compliance with the TMDL numeric target no later than April 1, 2003.
HISTORY
1. New section summarizing amendments to Basin Plan filed 9-8-2000; amendments adopted by the Los Angeles Regional Water Quality Control Board on 10-28-99 and 5-25-2000; approved by OAL and effective 9-8-2000 pursuant to Government Code section 11353 (Register 2000, No. 36).
§3934. Septic System Prohibition in the Oxnard Forebay.
History
Resolution No. 99-13 adopted on August 12, 1999 by the Los Angeles Regional Water Quality Control Board (LARWQCB) amends the Los Angeles Water Quality Control Plan (Basin Plan) to prohibit new septic systems in the Oxnard Forebay area of Ventura County effective on the date of approval by the Office of Administrative Law. The amendment also prohibits discharges from existing septic systems after January 1, 2008. The prohibition does not prevent repairs to existing septic systems in the Oxnard Forebay prior to January 1, 2008, provided that the purpose of such repairs is not to increase capacity. Individual septic systems located on lot sizes equal to or greater than five acres are subject to this prohibition. However, the prohibition does not preclude the LARWQCB from issuing Waste Discharge Requirements for septic systems on lots of greater than five acres.
HISTORY
1. New section summarizing amendments to Basin Plan filed 5-14-2001; approved by OAL and effective 5-11-2001 pursuant to Government Code section 11353 (Register 2001, No. 20).
§3935. A Total Maximum Daily Load for Trash for the Los Angeles River Watershed.
History
Regional Board Resolution No. 2007-012 adopted on August 9, 2007 by the Los Angeles Regional Water Quality Control Board, modified the Regulatory provisions of the Water Quality Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents and the List of Figures, Tables, and Inserts, (2) adding text to Chapter 3 (Water Quality Objectives) to reference specific guidelines for the Los Angeles River, and (3) adding text to Chapter 7 (Total Maximum Daily Loads Summaries) which establishes a Total Maximum Daily Load (TMDL) for Trash for the Los Angeles River Watershed. This TMDL addresses the impairment of water quality due to trash being discharged to the river via municipal storm drains; and will be implemented primarily through the National Pollutant Discharge Elimination System storm-water permits.
The numeric target of zero trash in the river implicitly incorporates a margin of safety, based on a conservative interpretation of narrative water quality objectives. The TMDL sets baseline waste load allocations for each responsible jurisdiction based on trash generation per land use within its boundaries; and establishes a schedule for progressive reductions from the baseline, over a period of nine years, until the numeric target is reached. California Department of Transportation and the Los Angeles County Department of Public Works and its municipal storm water co-permittees are the responsible jurisdictions under this TMDL. To the extent nonpoint source implementation of load allocations is necessary, it will be accomplished, consistent with the Plan for Nonprofit Source Pollution Control Policy.
Responsible jurisdictions have the option of installing Executive Officer certified full capture systems, or implementing a combination of partial-capture trash best management practices and institutional controls in order to meet compliance requirements. An implementation report, outlining how responsible agencies intend to comply with the TMDL, will be prepared six months after the effective date of the TMDL. The implementation phase of the TMDL is scheduled to begin on September 30, 2008. Compliance with the TMDL numeric target must be demonstrated no later than September 30, 2016.
HISTORY
1. New section summarizing amendments to basin plan filed 7-16-2002; amendments adopted by the Los Angeles Regional Water Quality Control Board Resolution No. 01-013 on 9-19-2001; approved by State Water Resources Control Board Resolution No. 02-0038 on 2-19-2002; amendments approved by OAL pursuant to Government Code section 11353 on 7-16-2002 (Register 2002, No. 29).
2. Editorial correction of History 1 (Register 2008, No. 27).
3. Section summarizing amendments to basin plan filed 7-1-2008; amendments approved by State Water Resources Control Board Resolution No. 2008-0024 on 4-15-2008; amendments approved by OAL pursuant to Government Code section 11353 on 7-1-2008 (Register 2008, No. 27). Prior amendments of the basin plan adopted by Los Angeles Regional Water Quality Control Board Resolution No. 01-013 on 9-19-2001 set aside by appellate court in City of Arcadia v. State Water Resources Control Board (2006), 135 Cal.App.4th 1392.
§3936. A Total Maximum Daily Load for Trash for the Ballona Creek and Wetland.
History
Regional Board Resolution No. 01-014, adopted on September 19, 2001 by the Los Angeles Regional Water Quality Control Board, modified the Regulatory provisions of the Water Quality Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents and the List of Figures, Tables, and Inserts, (2) adding text to Chapter 3 (Water Quality Objectives) to reference specific guidelines for the Ballona Creek and Wetland, and (3) adding text to Chapter 7 (Total Maximum Daily Loads Summaries) which establishes a Total Maximum Daily Load (TMDL) for Trash for the Ballona Creek and Wetland. This TMDL addresses the impairment of water quality due to trash being discharged to the creek via municipal storm drains; and will be implemented through the National Pollutant Discharge Elimination System storm-water permits.
The numeric target of zero trash in the river implicitly incorporates a margin of safety, based on a conservative interpretation of narrative water quality objectives. The TMDL establishes a schedule for progressively reducing the amount of trash discharged by ten percent per year, until the target is reached. California Department of Transportation and the Los Angeles County Department of Public Works and its municipal storm water co-permittees are responsible for trash discharged from the storm drains to the Ballona Creek and Wetland, and have been assigned default waste load allocations. The permittees are required to submit a plan for baseline monitoring to refine the waste load allocations within 30 days of the Regional Board's request as authorized by Section 13267 of the California Water Code. After a period of baseline monitoring, the implementation phase of the TMDL is scheduled to begin on October 1, 2003. Compliance with the TMDL numeric target must be demonstrated no later than September 30, 2015.
HISTORY
1. New section summarizing amendments to Basin Plan filed 7-18-2002; amendments adopted by the Los Angeles Regional Water Quality Control Board 9-19-2001. Resolution No. 2002-0039 adopted by State Water Resources Control Board 2-19-2002; approved by OAL and effective 7-18-2002 pursuant to Government Code section 11353 (Register 2002, No. 29).
§3937. Revised Bacteria Objectives for Waters Designated for Water Contact Recreation.
History
On October 25, 2001 the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 01-018 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by incorporating new water quality objectives for bacteria for fresh and marine waters. These objectives update the previous objectives and represent the best data currently available.
On July 8, 2010 the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 10-005 amending the Basin Plan. The amendment updated the bacteria objectives in the Basin Plan by removing the fecal coliform objectives for fresh waters designated for water contact recreation (REC-1 and LREC-1). This action is consistent with EPA's recommendation pursuant to Federal Clean Water Act §304(a) that Escherichia coli (E. coli) replace fecal coliform as an indicator of the presence of pathogens in fresh water.
In Chapter 3 “Water Quality Objectives” of the Basin Plan, replace Paragraph 2 under “Bacteria, Coliform” on p. 3-3 with the following:
In Marine Waters Designated for Water Contact Recreation (REC-1)
1. Geometric Mean Limits
a. Total coliform density shall not exceed 1,000/100 ml.
b. Fecal coliform density shall not exceed 200/100 ml.
c. Enterococcus density shall not exceed 35/100 ml.
2. Single Sample Limits
a. Total coliform density shall not exceed 10,000/100 ml.
b. Fecal coliform density shall not exceed 400/100 ml.
c. Enterococcus density shall not exceed 104/100 ml.
d. Total coliform density shall not exceed 1,000/100 ml, if the ratio of fecal-to-total coliform exceeds 0.1.
In Fresh Waters Designated for Water Contact Recreation (REC-1)
1. Geometric Mean Limits
E. coli density shall not exceed 126/100 ml.
2. Single Sample Limits
E. coli density shall not exceed 235/100 ml.
In Fresh Waters Designated for Limited Contact Recreation (LREC-1)
1. Geometric Mean Limits
E. coli density shall not exceed 126/100 ml.
2. Single Sample Limits
E. coli density shall not exceed 576/100m1.
Implementation Provisions for Water Contact Recreation Bacteria Objectives
The geometric mean values should be calculated based on a statistically sufficient number of samples (generally not less than 5 samples equally spaced over a 30-day period).
If any of the single sample limits are exceeded, the Regional Board may require repeat sampling on a daily basis until the sample falls below the single sample limit in order to determine the persistence of the exceedance.
When repeat sampling is required because of an exceedance of any one single sample limit, values from all samples collected during that 30-day period shall be used to calculate the geometric mean.
HISTORY
1. New section summarizing amendments to Basin Plan filed 9-19-2002; amendments adopted by the Los Angeles Regional Water Quality Control Board 10-25-2001 per Resolution No. 01-018. Resolution No. 2002-0142 adopted by State Water Resources Control Board 7-18-2002; approved by OAL and effective 9-19-2002 pursuant to Government Code section 11353 (Register 2002, No. 38).
2. Amendment summarizing amendments to Basin Plan filed 11-1-2011; amendments adopted by the Los Angeles Regional Water Quality Control Board 7-8-2010 per Resolution No. R10-005. Resolution No. 2011-0031 adopted by the State Water Resources Control Board 7-19-2011; approved by OAL and operative 11-1-2011 pursuant to Government Code section 11353 (Register 2011, No. 44).
§3938. Total Maximum Daily Load for Bacteria During Dry Weather at Santa Monica Bay Beaches.
History
This basin plan amendment establishes a Total Maximum Daily Load (TMDL) for bacteria for Santa Monica Bay Beaches for summer (April to October 31) and winter (November 1 to March 31) dry weather periods. The TMDL: (1) establishes the loading capacity of the bay beaches as the maximum densities of the four bacterial indicators (total coliform, fecal coliform, enterococcus, and total coliform when fecal-to-total ratio exceeds 0.1) specified in the basin plan as bacteriological water quality objectives for marine water having a water contact beneficial use designation; (2) specifies the maximum number of daily and weekly sampling days per dry period which each of the 56 existing shoreline monitoring stations may exceed any singe sample maximum density water quality objective (no days of exceedance are allowed at any station during the summer dry weather period); (3) provides that all responsible jurisdictions and agencies within a subwatershed are jointly responsible for complying with the allowable number of exceedance days for each associated shoreline monitoring site; (4) establishes zero exceedance days during summer and winter dry weather for the three Publicly Owned Treatment Works discharging into Santa Monica Bay; (5) specifies that the samples are to be collected from the wave wash (the compliance point); and, (6) specifies that the allowable exceedance days, and the rolling 30-day geometric bacteria density means (specified in the basin plan as bacteriological water quality objectives) must be achieved within three years for the summer dry weather period and within six years for the winter dry weather period.
The amendment identifies the principle regulatory mechanisms to be used to implement the TMDL as the Los Angeles County Municipal Storm Water NPDES permit, the Caltrans Storm Water Permit, the three NPDES permits for the POTWs, and the authority vested in the Executive officer by Water Code section 13267. The amendment provides that within 120 days of its effective date responsible jurisdictions and agencies must submit coordinated shoreline monitoring plans and identify and provide documentation on 342 specified, potential discharges, and on unspecified, potential discharges to a specified Area of Special Biological Significance. The amendment also provides that within two years after the effective date the regional board must reopen the TMDL to re-evaluate allowable winter dry weather exceedance days and to re-evaluate the reference system and reference year used for setting allowable exceedance days.
HISTORY
1. New section summarizing amendments to Basin Plan filed 12-9-2002; amendments adopted by the Los Angeles Regional Water Quality Control Board 1-24-2002 per Resolution No. 02-004. Approved by State Water Resources Control Board Resolution 2002-0149; approved by OAL and effective 12-9-2002 pursuant to Government Code section 11353 (Register 2002, No. 50).
§3939. Resolution No. 2002-022, Amendments to the Water Quality Control Plan for the Los Angeles Region to Incorporate Implementation Provisions for the Region's Bacteria Objectives and to Incorporate a Wet-Weather Total Maximum Daily Load for Bacteria at Santa Monica Bay Beaches.
History
This basin plan amendment establishes implementation provisions for the bacteria objectives set to protect the water contact recreation (REC1) beneficial use. Specifically, this amendment incorporates a “reference system/antidegradation approach” and a “natural exclusion approach” as implementation procedures for the single sample bacteria objectives in the Basin Plan. It also amends the dry weather TMDL to change the reevaluation date in the TMDL from two years after its effective date to four years after the effective date of the wet weather TMDL to achieve consistency in scheduling between the dry-weather and wet-weather TMDLs.
This basin plan amendment establishes a Total Maximum Daily Load (TMDL) for bacteria for Santa Monica Bay Beaches during wet weather, defined as days with one-tenth of an inch of rain or greater and the three days following the rain event as well. The TMDL: (1) establishes the loading capacity of the bay beaches as the maximum densities of the four bacterial indicators (total coliform, fecal coliform, enterococcus, and total coliform when fecal-to-total ratio exceeds 0.1) specified in the basin plan as bacteriological water quality objectives for marine water having a water contact beneficial use designation; (2) specifies the maximum number of daily and weekly wet-weather sampling days per year which each of the 55 existing shoreline monitoring stations may exceed any singe sample maximum bacterial density water quality objective; (3) provides that all responsible jurisdictions and agencies within a subwatershed are jointly responsible for complying with the allowable number of exceedance days for each associated shoreline monitoring site; (4) establishes zero exceedance days during wet weather for the three Publicly Owned Treatment Works discharging into Santa Monica Bay and its watershed; (5) establishes zero exceedance days during wet weather for nonpoint sources; (6) specifies that the allowable exceedance days, and the rolling 30-day geometric bacteria density means (specified in the basin plan as bacteriological water quality objectives) must be achieved no later than ten or eighteen years after the effective date of the TMDL, depending on the implementation approach undertaken; (7) requires responsible jurisdictions and agencies to conduct daily or systematic weekly sampling at all major drains and creeks and at existing monitoring stations at beaches without storm drains or creeks; and, (8) specifies that the samples are to be collected from the wave wash (the compliance point).
The amendment identifies the principal regulatory mechanisms to be used to implement the TMDL as the Los Angeles County Municipal Storm Water NPDES permit, the Caltrans Statewide Storm Water Permit, the three NPDES permits for the POTWs, the authority vested in the Executive officer by Water Code sections 13263 and 13267, and regulations to be adopted pursuant to Water Code section 13291. The amendment provides that within 120 days of its effective date responsible jurisdictions and agencies must submit coordinated shoreline monitoring plans. The amendment also provides that within twenty months after the effective date responsible jurisdictions and agencies shall provide a draft written report to the regional board outlining how each intends to cooperatively achieve compliance with the TMDL. The amendment then provides that within two years responsible jurisdictions and agencies shall provide a final written report to the regional board outlining how each intends to cooperatively achieve compliance with the TMDL. The amendment also provides that within four years after the effective date the regional board shall reconsider the TMDL to refine allowable wet-weather exceedance days, re-evaluate the reference system and reference year used for setting allowable exceedance days and re-evaluate whether there is a need for further clarification or revision of the geometric mean implementation provision. Finally, the amendment sets compliance milestones at years 6, 8 and 10 for responsible jurisdictions and agencies not pursuing an integrated water resources approach, and at years 6, 10, 15 and 18 for responsible jurisdictions and agencies pursuing an integrated water resources approach to implementation.
HISTORY
1. New section summarizing amendments to the Water Quality Control Plan filed 5-20-2003; amendments adopted by the Los Angeles Regional Water Quality Control Board 12-12-2002 per Resolution No. 2002-022; approved by OAL and effective 5-20-2003 pursuant to Government Code section 11353 (Register 2003, No. 21).
§3939.1. Update of Ammonia Objectives for Inland Surface Waters.
History
The amendment revises the Basin Plan by updating the ammonia water quality objectives for inland surface waters. The Basin Plan objectives for ammonia are based on revised criteria developed by the U.S. Environmental Protection Agency (USEPA) in the “1999 Update of Ambient Water Quality Criteria for Ammonia.” These most recent USEPA freshwater aquatic life criteria for ammonia supercede previous criteria. The previous Basin Plan one-hour average and four-day average objectives for waters designated as “WARM” are retained for waters not characteristic of freshwater.
The ammonia objectives provide 1-hour average, 4-day average, and 30-day average objectives for ammonia. The one-hour average objective is dependent on pH and fish species (salmonids present or absent). It is assumed that salmonids may be present in waters designated in the Basin Plan as “COLD” or ”MIGR” and that salmonids are absent in waters not designated in the Basin Plan as “COLD” or “MIGR,” in the absence of additional information to the contrary. The 30-day average objective is dependent on pH and temperature. At lower temperatures, the 30-day average objective also is dependent on the presence or absence of early life stages of fish (ELS). Water bodies with a Basin Plan designation of “SPWN” support high quality aquatic habitats suitable for reproduction and early development of fish and, therefore, these water bodies are designated as ELS present waters. The four-day average objective is 2.5 times the 30-day average objective.
The Basin Plan amendment also includes specific implementation provisions for the objectives. These include methods for (1) determination of freshwater, brackish water or salt water conditions; (2) determination of presence or absence of salmonids when selecting the appropriate one-hour average objective; (3) determination of presence or absence of ELS when selecting the appropriate 30-day average objective; (4) implementation of the objectives where more sensitive threatened or endangered species are present; and (5) translation of objectives to effluent limitations using a method similar to that in the “Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California” (2000).
HISTORY
1. New section summarizing amendments to Basin Plan filed 6-5-2003; amendments adopted by the Los Angeles Regional Water Quality Control Board 4-25-2002 per Resolution No. 2002-011. Approved by State Water Resources Control Board 4-30-2003 per Resolution No. 2003-0030; approved by OAL and effective 6-5-2003 pursuant to Government Code section 11353 (Register 2003, No. 23).
§3939.2. A Total Maximum Daily Load for Nitrogen Compounds and Related Effects in Calleguas Creek, its Tributaries, and Mugu Lagoon.
History
Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. 02-017, adopted on October 24, 2002 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for nitrogen compounds in Calleguas Creek, its tributaries, and Mugu Lagoon. The TMDL specifies concentration-based targets for ammonia, nitrate, nitrite, and combined nitrate and nitrite, which must be fully attained seven years after the effective date of the TMDL. The TMDL includes a margin of safety with both implicit and explicit components. The TMDL establishes a four-year plan for reducing nitrogen loading from five wastewater treatment plants in the watershed. To allow time to meet the targets, interim limits will be allowed. The final wasteload allocations (WLAs) for ammonia assigned to the wastewater treatment plants must be met no later than October 24, 2004, and the final wasteload allocations for nitrate and nitrite must be met four years after the effective date of the TMDL. Load allocations for agriculture and other nonpoint source discharges are implemented through various management practices. One year after the effective date of the TMDL, monitoring plans to evaluate the effectiveness of the TMDL must be submitted to the Regional Board by Calleguas Creek Watershed Management Plan Water Resources/Water Quality Subcommittee (CCWMP). CCWMP is responsible for the watershed monitoring and special studies required by this TMDL. The special studies must be completed five years after the effective date of the TMDL.
In preparing the NPDES permit renewals, Regional Board staff identified a typographical error in the mass based daily WLAs for ammonia in the Calleguas Creek Nitrogen Compounds and Related Effects TMDL. Translating concentration based limit into a mass based daily limit requires multiplying the concentration-based limit by the flow rate. The mass based daily WLAs for ammonia, however, were incorrectly calculated as the product of the daily flow rate and the average monthly effluent limits (AMEL), rather than the daily flow rate and the maximum daily effluent limits (MDEL).
The TMDL was revised and then adopted by the Regional Board under Resolution No. R4-2008-009 to correct the mass based daily WLAs for ammonia to be based upon the MDEL, and updates the WLAs to be consistent with the current practice of recognizing that flow is variable. The mass based WLAs for ammonia are corrected to be based on the maximum daily effluent limit, MDEL, and the actual discharger effluent flow rate at the time the monitoring is conducted.
HISTORY
1. New section summarizing amendments to Water Quality Control Plan filed 6-5-2003; amendments adopted by the Los Angeles Regional Water Quality Control Board 10-24-2002 per Resolution No. 2002-017. Approved by State Water Resources Control Board 4-10-2003; approved by OAL and effective 6-5-2003 pursuant to Government Code section 11353 (Register 2003, No. 23).
2. Amendment of first paragraph and new second and third paragraphs summarizing changes to Basin Plan filed 9-30-2009; amendments adopted by the Los Angeles Regional Water Quality Control Board 9-11-2008 by Resolution No. R4-2008-009. Approved by State Water Resources Control Board 6-16-2009 by Resolution No. 2009-0052; amendment approved by OAL 9-30-2009 pursuant to Government Code section 11353 (Register 2009, No. 40).
§3939.3. Compliance Schedule Policy.
History
On January 30, 2003 the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 2003-01 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by incorporating language authorizing the inclusion of compliance schedules in National Pollutant Discharge Elimination System (NPDES) permits. The amendment revised the regulatory provisions of the Basin Plan by adding language to Chapter 3 “Water Quality Objectives” and Chapter 4, “Strategic Planning and Implementation.”
The language specifies that where the Regional Board determines that it is infeasible for an existing discharger to achieve immediate compliance with an effluent limitation specified to implement a new, revised or newly interpreted water quality standard, the Regional Board may establish a compliance schedule in the discharger's Waste Discharge Requirements (NPDES permit). In addition, the Regional Board may establish a compliance schedule to implement a total maximum daily load (TMDL) adopted as a single permitting action (i.e., through one NPDES permit). This provision authorizes compliance schedules for standards that are adopted, revised or newly interpreted after the effective date of this amendment. An authorized compliance schedule shall include a time schedule for completing specific actions (including interim effluent limits), final effluent limitations, and a final compliance date, based on the shortest possible time required to achieve compliance.
Except in the case of a TMDL adopted as a single permitting action, the provisions require that compliance shall be achieved no later than five years from the date of permit issuance, reissuance or modification, and no later than ten years after the adoption or interpretation of an applicable standard, whichever is the shorter period of time. In the case of a TMDL adopted as a single permitting action, a compliance schedule of greater than five years from the date of permit issuance, reissuance or modification may be granted, but the compliance schedule must be as short as possible as determined in the TMDL support document, and may only be used when implementing a new, revised or newly interpreted water quality standard.
To document the need for and justify the duration of any such compliance schedule, a discharger must submit the following information, at a minimum: (1) the results of a diligent effort to quantify pollutant levels in the discharge and the sources of the pollutant(s) in the waste stream; (2) documentation of source control efforts currently underway or completed, including compliance with any pollution prevention programs that have been established; (3) a proposed schedule for additional source control measures or waste treatment; (4) the highest discharge quality that can reasonably be achieved until final compliance is attained; and (5) a demonstration that the proposed schedule is as short as possible, taking into account economic, technical and other relevant factors. The need for additional information and analyses will be determined by the Regional Board on a case-by-case basis.
HISTORY
1. New section summarizing amendments to Water Quality Control Plan for the Los Angeles Region (Basin Plan) filed 8-18-2003; Basin Plan amendment adopted by the Los Angeles Regional Water Quality Control Board 1-30-2003 per Resolution No. 2003-001, approved by OAL and effective per Government Code section 11353 on 8-18-2003 (Register 2003, No. 34).
§3939.4. Total Maximum Daily Load for Bacteria at Marina del Rey Mothers' Beach and Back Basins.
History
On August 7, 2003, the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 2003-012 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by incorporating a total maximum daily load for bacteria at Marina del Rey Mothers' Beach and back basins. The regulatory provisions are added to Chapter 7 of the Water Quality Control Plan.
Numeric targets for the TMDL are expressed as days of exceedance of bacteria objectives. The implementation plan for this TMDL stipulates that: No days of exceedance are permitted at any monitoring location during the summer dry-weather season (April 1 to October 31) and the rolling 30-day geometric mean limits must be met at all times; a maximum of three days of exceedance is permitted for the winter dry-weather season (November 1 to March 31), and the rolling 30-day geometric mean limits must be met at all times. Some monitoring locations are allocated fewer than three allowable exceedance days in order to maintain existing water quality required by State and federal antidegradation provisions; a maximum of seventeen days of exceedance is permitted during the wet-weather season (defined as days with 0.1 inch or more of rain and the three days following the rain event) and the rolling 30-day geometric mean limits must be met at all times. Some monitoring locations are allocated fewer than seventeen allowable exceedance days in order to maintain existing water quality as required by State and federal antidegradation provisions.
Urban runoff to Marina del Rey Harbor is regulated as a point source under the Los Angeles County Municipal Storm Water National Pollutant Discharge Elimination Systems (NPDES) Permit (MS4), the California Department of Transportation Storm Water Permit, and the General Construction and Industrial Storm Water Permits.
Nonpoint sources are given load allocations of zero days of allowable exceedances for each time period. The load allocation for the rolling 30-day geometric mean for nonpoint sources is also zero days of allowable exceedances.
HISTORY
1. New section summarizing amendments to the L.A. Basin Plan filed 1-30-2004; amendments adopted by the Los Angeles Regional Water Quality Control Board 8-7-2003 pursuant to Resolution No. 2003-12. Approved by State Water Resources Control Board 11-19-2003 pursuant to Resolution 2003-0072; approved by OAL 1-30-2004 pursuant to Government Code section 11353 (Register 2004, No. 5).
§3939.5. Suspension of Recreational Beneficial Uses in Engineered Channels During Unsafe Wet Weather Conditions.
History
On July 10, 2003, the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 2003-010 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by suspending the recreational beneficial uses in engineered channels during unsafe wet weather conditions, and creating a new Table 2-1a “Recreational Beneficial Uses of Inland Surface Waters,” which designates the 39 water body segments to which the High Flow Suspension would apply. The following text is added to Chapter 2 of the Water Quality Control Plan:
“The High Flow Suspension shall apply to water contact recreational activities associated with the swimmable goal as expressed in the federal Clean Water Act section 101(a)(2) and regulated under the REC-1 use, non-contact water recreation involving incidental water contact regulated under the REC-2 use, and the associated bacteriological objectives set to protect those activities. Water quality objectives set to protect (1) other recreational uses associated with the fishable goal as expressed in the federal Clean Water Act section 101(a)(2) and regulated under the REC-1 use and (2) other REC-2 uses (e.g., uses involving the aesthetic aspects of water) shall remain in effect at all times for waters where the (ad) footnote appears in Table 2-1a. The High Flow Suspension shall apply on days with rainfall greater than or equal to 1/2 inch and the 24 hours following the end of the 1/2-inch or greater rain event, as measured at the nearest local rain gauge, using local Doppler radar, or using widely accepted rainfall estimation methods. The High Flow Suspension only applies to engineered channels, defined as inland, flowing surface water bodies with a box, V-shaped or trapezoidal configuration that have been lined on the sides and/or bottom with concrete. The water bodies to which the High Flow Suspension applies are identified in Table 2-1a in the column labeled “High Flow Suspension”.
In Chapter 2, a new table is added, Table 2-1a “Recreational Beneficial Uses of Inland Surface Waters” following Table 2-1 “Beneficial Uses of Inland Surface Waters”.
HISTORY
1. New section summarizing amendments to Basin Plan filed 1-30-2004; amendments adopted by the Los Angeles Regional Water Quality Control Board 7-10-2003 pursuant to Resolution No. 2003-010. Approved by the State Water Resources Control Board 11-19-2003 pursuant to Resolution No. 2003-0071; approved by OAL 1-30-2004 pursuant to Government Code section 11353 (Register 2004, No. 5).
§3939.6. A Total Maximum Daily Load for Nitrogen Compounds in the Santa Clara River.
History
Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. 2003-011, adopted on August 7, 2003 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for nitrogen compounds in the Santa Clara River. The TMDL specifies concentration-based targets for ammonia, nitrate, nitrite, and combined nitrate and nitrite. The TMDL includes a margin of safety with both implicit and explicit components.
Numeric targets will primarily be achieved by limiting the amount of nitrogen compounds discharged from four major permitted wastewater treatment plants (Saugus Water Reclamation Plant (WRP), Valencia WRP, Fillmore Publicly Owned Treatment Work (POTW), and Santa Paula POTW. These major point sources are assigned wasteload allocations for ammonia, nitrite, nitrate, and combined nitrite and nitrate. At the Regional Board's discretion, the Saugus and Valencia WRPs may be allowed higher interim loads for nitrate, nitrite, and combined nitrate and nitrite for a period as short as possible, but not to exceed eight years from the effective date of the TMDL. The Fillmore and Santa Paula POTWs may be allowed higher interim loads for combined ammonia, nitrate and nitrite for a period also not to exceed eight years after the effective date of the TMDL. Receiving water monitoring is required weekly of these major point sources.
Minor point sources (including stormwater sources) in Reaches 3 and 7 are also assigned concentration-based wasteload allocations for ammonia and combined nitrite and nitrate. Wasteload allocations for minor point sources will be implemented through effluent limits or Best Management Practices (BMPs) for stormwater. Load allocations for nonpoint sources for combined ammonia, nitrite, and nitrate are implemented through State Water Resources Control Board Management Practices.
The County Sanitation District of Los Angeles County (CSDLAC) must submit the results from a water effects ratio study for ammonia when the TMDL takes effect. Within one year after the effective date of the TMDL, the following workplans must be submitted to the Regional Board for approval: (1) a workplan for estimating nitrogen loading from stormwater sources which includes triggers for conducting source identification and implementing BMPs must be submitted by affected MS4 (municipal separate storm sewer systems) permittees; (2) a workplan for monitoring nitrogen-related effects and evaluate progress in meeting targets must be submitted by affected major National Pollutant Discharge Elimination System permittees; and (3) a special studies workplan to evaluate site-specific objectives for nitrate must be submitted by CSDLAC. If monitoring and study results indicate it is appropriate, the Regional Board will consider adopting site-specific objectives for ammonia within one year after the effective date of the TMDL, and site-specific objectives for nitrate, and combined nitrite and nitrate within four years after the effective date of the TMDL. If site-specific objectives are adopted, the TMDL will be revised through a Basin Plan amendment. Five years after the effective date of the TMDL, the Regional Board will consider whether the numeric targets and wasteload allocations specified in the TMDL are sufficient to protect the Santa Clara River from nutrient effects of discharged nitrogen compounds or whether the TMDL must be revised through a Basin Plan amendment.
HISTORY
1. New section summarizing amendments to Basin Plan filed 2-27-2004; approved by OAL 2-27-2004 pursuant to Government Code section 11353 (Register 2004, No. 9).
§3939.7. A Total Maximum Daily Load for Nitrogen Compounds and Related Effects in the Los Angeles River and its Tributaries.
History
Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. 03-009, adopted on July 10, 2003 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for nitrogen compounds and related effects in the Los Angeles River and its tributaries. The TMDL specifies concentration-based targets for ammonia, nitrate, nitrite, and combined nitrate and nitrite, which must be fully attained five years after the effective date of the TMDL. The TMDL includes a margin of safety with both implicit and explicit components.
Numeric targets will primarily be achieved by limiting the amount of nitrogen compounds discharged from three major wastewater treatment plants (Donald C. Tillman Water Reclamation Plant, Los Angeles-Glendale Water Reclamation Plant, and Burbank Water Reclamation Plant). To provide these major permitted discharges time to meet wasteload allocations, higher interim limits will be allowed for ammonia and combined nitrite and nitrate for a period of 3.5 years from the effective date of the TMDL. Compliance with the separate nitrate and nitrite wasteload allocations is not required during this interim period. Minor permitted point source dischargers are also assigned wasteload allocations, which must be met immediately. Load allocations for nonpoint sources may be developed if it is determined that they are necessary after wasteload allocations have been implemented.
Workplans for monitoring nitrogen compounds and related effects must be submitted by MS4 (municipal separate storm sewer systems) permittees and major National Pollutant Discharge Elimination System permittees within one year after the effective date of the TMDL. A special studies workplan to evaluate site-specific objectives, seasonal allocations, and point of compliance must be submitted by the City of Los Angeles within one year after the effective date of the TMDL, and the results of the studies within two and a half years after the effective date of the TMDL. Three and a half years after the effective date of the TMDL, if monitoring and study results indicate it is appropriate, the Regional Board will consider adopting site specific objectives for ammonia, nitrate, and nitrite and revising the TMDL. Five years after the effective date of the TMDL, the Regional Board will consider whether the numeric targets and wasteload allocations specified in the TMDL are sufficient to protect the Los Angeles River and its tributaries from the nutrient effects of discharged nitrogen compounds or whether the TMDL must be revised.
HISTORY
1. New section summarizing amendments to Basin Plan filed 2-27-2004; approved by OAL 2-27-2004 pursuant to Government Code section 11353 (Register 2004, No. 9).
§3939.8. Amendment to the Water Quality Control Plan for the Los Angeles Region to Revise the Water Quality Objective for Chloride in the Lower Santa Clara River.
History
This amendment to the Los Angeles Water Quality Control Plan (Basin Plan) raises the water quality objective for chloride in the Lower Santa Clara River between A Street, Fillmore, and Freeman Diversion Dam near Saticoy from 80 mg/L to 100 mg/L. This change appears in the Basin Plan in Table 3-8, Water Quality Objectives for Selected Constitutents in Inland Surface Waters under “chloride” in Section 3 of the Basin Plan.
HISTORY
1. New section summarizing basin plan amendment filed 5-6-2004; amendment adopted by the Los Angeles Regional Water Quality Control Board Resolution number 03-015, 11-6-2003; amendment approved by State Water Resources Control Board Resolution No. 2004-0007, 2-19-2004; approved by the Office of Administrative Law 5-6-2004 (Register 2004, No. 19).
§3939.9. Ammonia Objectives for Inland Surface Waters Not Characteristic of Freshwater.
History
On March 4, 2004 the Los Angeles Regional Water Quality Control Board (Regional Board), adopted Resolution No. 2004-022 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by updating the ammonia objectives for inland surface waters not characteristic of freshwater such that they are consistent with the U.S. EPA “Ambient Water Quality Criteria for Ammonia (Saltwater)-1989.” The amendment revised the regulatory provisions of the Basin Plan by adding language to Chapter 3 “Water Quality Objectives.”
For inland surface waters not characteristic of freshwater, the proposed objectives are a 4-day average concentration of un-ionized ammonia of 0.035 mg/L and a one-hour average concentration of un-ionized ammonia of 0.233 mg/L. The proposed objectives are fixed concentrations of un-ionized ammonia, independent of pH, temperature, or salinity. The proposed amendment includes an implementation procedure to convert un-ionized ammonia objectives to total ammonia effluent limits. The proposed amendment also simplifies the implementation procedures for translating ammonia objectives into effluent limits in situations where a mixing zone has been authorized by the Regional Board. Finally, the proposed amendment revises the implementation procedure for determining saltwater, brackish or freshwater conditions, to be consistent with the proposed objectives. The proposed objectives will apply only to inland surface waters not characteristic of freshwater (including enclosed bays, estuaries and wetlands) and do not impact the Ammonia Water Quality Objectives for ocean waters contained in the California Ocean Plan.
HISTORY
1. New section summarizing basin plan amendment filed 9-14-2004; amendment adopted by the Los Angeles Regional Water Quality Control Board Resolution number 2004-22, 3-4-2004; approved by Office of Administrative Law 9-14-2004 (Register 2004, No. 38).
§3939.10. Total Maximum Daily Load for Chloride in the Upper Santa Clara River.
History
The Los Angeles Regional Water Quality Control Board (Regional Board) adopted under Resolution Nos. 02-018 in October 2002, 03-008 on July 10, 2003, 04-004 on May 6, 2004, and revised under Resolution No. 06-016 on August 3, 2006 a Total Maximum Daily Load (TMDL) for Chloride in the Upper Santa Clara River. The TMDL specifies concentration-based targets for chloride, which must be fully attained 11 years after the effective date of the TMDL. The August 6, 2006 revisions to the implementation plan for the TMDL added tasks to begin the planning process to construct appropriate treatment facilities to meet the TMDL. Subsequent TMDL tasks, such as development of site specific objectives (SSOs), development of the antidegradation analysis, development of a preplanning report on conceptual measures to meet different hypothetical final waste load allocations, and preparation and consideration of a Basin Plan Amendment to revise the chloride objective by the Regional Board, remain in place in this amendment.
On December 11, 2008 the Regional Board adopted Resolution No. 08-012, which modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by: (1) adopting SSOs for chloride in the upper Santa Clara River (USCR), and (2) revising the USCR chloride TMDL to include waste load allocations for the Santa Clarita Valley Sanitation District of Los Angeles County (SCVSD) Saugus and Valencia Water Reclamation Plants for chloride and interim waste load allocations for sulfate and total dissolved solids (TDS).
The chloride SSOs are based on the results of special studies and an antidegradation analysis, as required by the original TMDL. The revised USCR chloride TMDL sets numeric targets, conditional waste load allocations, and an implementation plan based on the chloride SSOs. The SSOs and revised TMDL allow for implementation of an alternative water resources management (AWRM) program.
The TMDL provides a ten-year schedule and interim waste load allocations for chloride, as well as interim waste load allocations for sulfate and TDS, to attain compliance with the conditional SSOs and waste load allocations for chloride that support the AWRM program. The conditional SSOs and waste load allocations apply and supersede the regional water quality objectives only when chloride load reductions and/or chloride export projects are operated. The implementation and monitoring plan includes surface water and groundwater monitoring for chloride, TDS, and sulfate.
HISTORY
1. New section summarizing amendments to Basin Plan filed 11-15-2004; amendments adopted by the Los Angeles Regional Water Quality Control Board under resolution numbers 02-018, 03-008 and 04-004; approved by the State Water Resources Control Board 7-22-2004 under Resolution No. 2004-0046; approved by OAL 11-15-2004 pursuant to Government Code section 11353 (Register 2004, No. 47).
2. Amendments to summary of Basin Plan amendments filed 8-15-2007; amendments adopted by Los Angeles Regional Water Quality Control Board Resolution No. 06-16 on 8-3-2006; approved by State Water Resources Control Board Resolution No. 2007-0029 on 5-22-2007; amendments approved by OAL pursuant to Government Code section 11353 on 8-15-2007 (Register 2007, No. 33).
3. Amendment to summary of Basin Plan amendments filed 1-26-2010; amendments adopted by Los Angeles Regional Water Quality Control Board Resolution No. 08-012 on 12-11-2008; amendments approved by OAL pursuant to Government Code section 11353 on 1-26-2010 (Register 2010, No. 5).
§3939.11. Revising Interim Ammonia Effluent Limits Contained Within a Total Maximum Daily Load for Nitrogen Compounds and Related Effects in the Los Angeles River and Its Tributaries.
History
Los Angeles Regional Water Quality Control Board (Regional Board) adopted Resolution No. 03-016 on December 4, 2003, which modified regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by revising interim ammonia effluent limits for the D.C. Tillman and Los Angeles-Glendale Water Reclamation Plants (WRPs) contained within the Total Maximum Daily Load (TMDL) for nitrogen compounds and related effects for the Los Angeles River. The thirty-day average and daily maximum interim limits for total ammonia as nitrogen for the Donald C. Tillman WRP were changed from 21.0 and 21.7 milligrams per liter (mg/L), respectively, to 20.5 and 24.7 mg/L. For the Los Angeles-Glendale WRP, the thirty-day average and daily maximum interim limits for total ammonia as nitrogen were changed from 16.5 and 19.4 mg/L, respectively, to 18.8 and 24.2 mg/L.
HISTORY
1. New section summarizing basin plan amendment filed 9-27-2004; amendment approved by State Water Resources Control Board Resolution No. 2004-0014, 3-18-2004; regulatory provisions approved by OAL and operative 9-27-2004 pursuant to Government Code section 11353 (Register 2004, No. 40).
§3939.12. Total Maximum Daily Load for Bacteria at Los Angeles Harbor.
History
On July 1, 2004, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted Resolution No. 2004-011 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revised the Basin Plan by incorporating a Total Maximum Daily Load (TMDL) for bacteria at Los Angeles Harbor (Inner Cabrillo Beach and Main Ship Channel, including the Inner Harbor). The regulatory provisions are added to Chapter 7 of the Water Quality Control Plan.
Numeric targets for this TMDL are expressed as days of exceedance of bacteria objectives contained in the Basin Plan. These targets apply to three seasons: summer dry-weather (April 1 to October 31), winter dry-weather (November 1 to March 31), and wet-weather (days with 0.1 inch or more of rain and the three days following the rain event); and to monitoring sites specified in the Basin Plan.
For nonpoint sources (load allocations), single sample bacterial densities in the Main Ship Channel for any season are zero days of allowable exceedance, and the rolling 30-day geometric mean for any season or monitoring site is zero days of allowable exceedance. Single sample bacterial densities for summer dry-weather at Inner Cabrillo Beach are zero days of allowable exceedance. Single sample exceedance days for winter dry-weather and wet-weather seasons for specific monitoring sites at Inner Cabrillo Beach are presented in Basin Plan Table 7-11.2. The rolling 30-day geometric mean for any season or monitoring site at Inner Cabrillo Beach is zero days of allowable exceedance.
For point sources (wasteload allocations), single sample bacterial densities for summer dry-weather in the Main Ship Channel are zero days of allowable exceedance. Single sample exceedance days for winter dry-weather and wet-weather seasons for specific monitoring sites in the Main Ship Channel are presented in Basin Plan Table 7-11.2. The rolling 30-day geometric mean for any season or monitoring site in the Main Ship Channel is zero days of allowable exceedance. Single sample bacterial densities at Inner Cabrillo Beach for any season are zero days of allowable exceedance, and the rolling 30-day geometric mean for any season or monitoring site at Inner Cabrillo Beach is zero days of allowable exceedance.
Discharges from general National Pollutant Discharge Elimination System (NPDES) permits, general industrial storm water permits, and general construction storm water permits are not expected to be a significant source of bacteria. Therefore, the wasteload allocations for these discharges are zero (0) days of allowable exceedances for all three time periods and for the single sample limits and the rolling 30-day geometric mean. Any future enrollees under a general NPDES permit, general industrial storm water permit, or general construction storm water permit within the watershed will also be subject to a wasteload allocation of zero days of allowable exceedances.
HISTORY
1. Summary of basin plan amendment filed 1-5-2005; amendment approved by State Water Resources Control Board Resolution No. 2004-0071 on 10-21-2004; amendment approved by OAL pursuant to Government Code section 11353 on 1-5-2005 (Register 2005, No. 1).
§3939.13. Revision of a Total Maximum Daily Load for Trash in the Ballona Creek and Wetland.
History
On March 4, 2004, the Los Angeles Regional Water Quality Control Board adopted Resolution No. 2004-023 amending the Total Maximum Daily Load for Trash in the Ballona Creek and Wetland contained within the Water Quality Control Plan for the Los Angeles Region. The amendment revises the definition of “full-capture device” and would allow for both single devices and treatment trains or “systems.” Full capture devices and systems must be sized to handle the flow from a one-year, one-hour storm. The amendment provides the equation and isohyetal map to be used for sizing the full capture devices and systems.
HISTORY
1. New section summarizing amendment to plan filed 2-8-2005; amendment approved by State Water Resources Control Board Resolution No. 2004-023 on 3-4-2004; amendment approved by OAL pursuant to Government Code section 11353 on 2-8-2005 (Register 2005, No. 6).
§3939.14. Revised Recreational Water Quality Standards for Ballona Creek Reaches 1 and 2.
History
State Water Resources Control Board Resolution No. 2005-0015, adopted on January 20, 2005, amended the Water Quality Control Plan for the Los Angeles Region by: (1) dedesignating Water Contact Recreation (REC-1) associated with swimming-related activities as a potential use from “Ballona Creek” (Reach 1) and “Ballona Creek to Estuary” (Reach 2); (2) designating Limited Water Contact Recreation (LREC-1) as an existing use for Reach 2; (3) adding a definition for LREC-1; (4) clarifying the dividing line between Reach 1 and Reach 2; and (5) adding water quality objectives for bacteria that apply to LREC-1, including geometric mean and single sample limits for E-coli and fecal coliform.
HISTORY
1. New section summarizing amendment to plan filed 5-23-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0015 on 1-20-2005; amendment approved by OAL pursuant to Government Code section 11353 on 5-23-2005 (Register 2005, No. 21).
§3939.15. Total Maximum Daily Load for Bacteria in Malibu Creek.
History
This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) for bacteria in Malibu Creek and Lagoon for summer (April 1 to October 31) dry weather, winter (November 1 to March 31) dry weather and wet-weather days. Wet-weather days are defined as any day receiving 0.1 inch of rain or more and three days thereafter. The TMDL establishes the loading capacity of the Malibu Creek and Lagoon as the maximum densities of the four bacterial indicators (total coliform, e. coli, fecal coliform, and enterococcus) as specified in the Basin Plan as bacteriological water quality objectives for fresh and marine water having a water contact beneficial use designation. This TMDL will be implemented in three phases over a ten-year period. Within three years of the effective date of the TMDL, compliance with the allowable number of summer dry-weather exceedance days and the rolling 30-day geometric mean targets must be achieved. In response to a written request from the responsible jurisdiction or responsible agency, the Executive Officer of the Los Angeles Regional Water Quality Board (Los Angeles Water Board) may extend the compliance date for the summer dry- weather allocations from three up to six years from the effective date of this TMDL. Within six years of the effective date of the TMDL, compliance with the allowable number of winter dry-weather exceedance days and the rolling 30-day geometric mean targets must be achieved. Within ten years of the effective date of the TMDL, compliance with the allowable number of wet-weather exceedance days and rolling 30-day geometric mean targets must be achieved. The Los Angeles Water Board may extend the wet-weather compliance date up to July 15, 2021 at its discretion, by adopting a subsequent Basin Plan amendment that complies with applicable law.
The regulatory mechanisms to implement the TMDL may include, but are not limited to, the Los Angeles County Municipal Storm Water National Pollutant Discharge Elimination System (NPDES) Permit, Ventura County Municipal Storm Water NPDES Permit, the Caltrans Storm Water Permit, waste discharge requirements (WDRs), Memorandum of Understanding (MOUs), revised MOUs, general NPDES permits, general industrial storm water permits, general construction storm water permits, and the authority contained in Sections 13225, 13263 and 13267 of the Water Code. Each NPDES permit assigned a Waste Load Allocation (WLA) shall be reopened or amended at reissuance, in accordance with applicable laws, to incorporate the applicable WLA as a permit requirement.
The amendment requires that responsible jurisdictions and responsible agencies provide the following submittals to the Executive Officer within the specified time after the effective date of the TMDL: (1) within 120 days, a comprehensive bacteria water quality monitoring plan for the Malibu Creek Watershed, (2) within one year, a written report outlining how each responsible agency intends to cooperatively achieve compliance with the TMDL, and a written report detailing the rationale and criteria used to identify high-risk areas where on-site systems have a potential to impact surface waters in the Malibu Creek Watershed, and (3) within two years, a reference watershed study, and a report quantifying the bacteria loading from birds to the Malibu Lagoon.
Within three years after the effective date of the TMDL, the Los Angeles Water Board must re-consider the TMDL to: (1) consider a natural source exclusion for bacteria loading from birds in the Malibu Creek Lagoon if all anthropogenic sources to the Lagoon have been controlled, (2) reassess the allowable winter dry-weather and wet-weather exceedance days based on additional data on bacterial indicator densities, and an evaluation of site-specific variability in exceedance levels to determine whether existing water quality is better than water quality at the reference watershed, (3) reassess the allowable winter dry-weather and wet-weather exceedance days based on a re-evaluation of the selected reference watershed and consideration of other reference watersheds that may better represent reaches of the Malibu Creek and Lagoon, (4) consider whether the allowable winter dry-weather and wet-weather exceedance days should be adjusted annually dependent on the rainfall conditions and an evaluation of natural variability in exceedance levels on the reference system(s), (5) re-evaluate the reference year used in the calculation of allowable exceedance days, and (6) re-evaluate whether there is a need for further clarification or revision of the geometric mean implementation provision.
HISTORY
1. New section summarizing amendments to basin plan filed 12-1-2005; amendments approved by State Water Resources Control Board Resolution No. 2004-109R; amendments approved by OAL pursuant to Government Code section 11353 on 12-1-2005 (Register 2005, No. 48).
2. Editorial correction of History 1 (Register 2006, No. 3).
§3939.16. A Total Maximum Daily Load for Toxicity, Chlorpyrifos, and Diazinon in Calleguas Creek, Its Tributaries, and Mugu Lagoon.
History
California Regional Water Quality Control Board (Regional Board) Resolution No. R4-2005-009 adopted on July 7, 2005 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for Toxicity, Chlorpyrifos, and Diazinon in Calleguas Creek, its Tributaries, and Mugu Lagoon.
The Basin Plan amendment specifies final wasteload allocations (WLAs) for point source discharges and load allocations (LAs) for nonpoint source discharges of chlorpyrifos and diazinon. The Basin Plan also specifies WLAs and LAs for toxicity. The TMDL establishes an implementation plan for reducing toxicity, chlorpyrifos, and diazinon loads from point-sources and nonpoint-sources which includes a monitoring program, special studies, and a compliance schedule to meet final WLAs in 2 years after the effective date of the TMDL for point sources and final LAs in 10 years after the effective date of the TMDL for nonpoint sources.
HISTORY
1. New section summarizing amendments to basin plan filed 12-27-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0067 on 9-22-2005; amendments approved by OAL pursuant to Government Code section 11353 on 12-27-2005 (Register 2005, No. 52).
2. Editorial correction of History 1 (Register 2006, No. 3).
§3939.17. A Total Maximum Daily Load for Organochlorine Pesticides, Polychlorinated Biphenyls, and Siltation in Calleguas Creek, its Tributaries, and Mugu Lagoon.
History
On July 7, 2005, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R4-2005-010, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for organochlorine (OC) pesticides, polychlorinated biphenyls (PCBs), and siltation in Calleguas Creek, its tributaries, and Mugu Lagoon. The TMDL set numeric concentration-based targets for OC pesticides and PCBs in water, sediment, and/or fish tissue to ensure protection of designated beneficial uses. The specific pollutants addressed are aldrin, chlordane, dacthal, dichlorodiphenyldicloroethane (DDD), dichlorodiphenyldicloroethelyene (DDE), dichlorodiphenyltrichloroethane (DDT), dieldrin, endosulfan I, endosulfan II, endrin, hexachlorocyclohexane (alpha, beta, delta, and gamma BHC), heptachlor, heptachlor epoxide, PCBs, and toxaphene.
Water column targets are derived from California Toxics Rule (CTR) water quality chronic criteria for protection of aquatic life. Fish tissue targets are derived from CTR human health criteria for consumption of organisms. Sediment targets are derived from National Oceanographic and Atmospheric Administration sediment quality guidelines for fresh and marine waters. This TMDL further requires an annual reduction in the import of silt of 5,200 tons per year to Mugu Lagoon and preservation of 1,400 acres of existing aquatic habitat in Mugu Lagoon. Targets will be met by limiting discharges from point and nonpoint sources of pollutants.
Interim and final wasteload allocations assigned to point source dischargers will be implemented through National Pollution Discharge Elimination System (NPDES) permits. The TMDL establishes wasteload allocations for five major wastewater treatment plants (Hill Canyon Waste Water Treatment Plant, Simi Valley Water Quality Control Plant, Ventura County (Moorpark) Water Treatment Plant, Camarillo Water Reclamation Plant, and Camrosa Water Reclamation Plant), storm water permittees (California Department of Transportation, general construction, general industrial, and municipal permittees), and to minor point sources.
Interim and final load allocations for nonpoint sources will be implemented through the State's Nonpoint Source Pollution Control Program. Sediment-based load allocations will be measured as an in-stream annual average at the base of each sub-watershed. A Conditional Waiver for Irrigated Lands and/or Agricultural Water Quality Management Plans will be developed to implement load allocations for agricultural dischargers, taking into account TMDL-required studies to assess the effectiveness of Management Practices for reduction of pollutants from agricultural operations.
Special studies and/or monitoring will be conducted as part of this TMDL. The Los Angeles Regional Water Quality Control Board has committed to reconsidering the TMDL, if necessary, based on the collected data or other relevant information. Final wasteload and load allocations must be achieved within 20 years of the effective date of the TMDL.
HISTORY
1. New section summarizing amendments to basin plan filed 1-20-2006; amendment approved by State Water Resources Control Board Resolution No. 2005-0068 on 9-22-2005; amendments approved by OAL pursuant to Government Code section 11353 (Register 2006, No. 3).
§3939.18. A Total Maximum Daily Load for Toxic Pollutants in Sediment in Ballona Creek Estuary.
History
On July 7, 2005, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R05-008, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) to reduce toxic pollutants in sediment in Ballona Creek Estuary (Estuary). The TMDL sets numeric concentration-based targets for cadmium, copper, lead, silver, zinc, chlordane, total dichlorodiphenyltrichloroethane (DDT) isomers and metabolites, total polychlorinated biphenyls (PCBs), and total polynuclear aromatic hydrocarbons (PAHs) in the sediment for the Estuary. The targets are based on Effects Range-Low sediment quality guidelines compiled by the National Oceanic and Atmospheric Administration and will be achieved primarily by limiting the amount of pollutants associated with suspended sediment in storm water runoff.
The TMDL will mainly be implemented through National Pollutant Discharge Elimination System (NPDES) storm water permits, including the Los Angeles County Municipal Separate Storm Sewer Systems permit, the California Department of Transportation (Caltrans) permit, the general industrial and construction permits, and other NPDES permits for low-volume, intermittent, non-stormwater discharges, and through the authority vested in the Executive Officer by Water Code section 13267.
The TMDL requires the general industrial and construction storm water permittees to achieve assigned wasteload allocations within seven years and nine years of the effective date of the TMDL, respectively. The implementation schedule for the municipal and Caltrans permittees consists of a phased approach, with wasteload allocations to be achieved in prescribed percentages of the watershed, with total compliance to be achieved within fifteen years of the effective date of the TMDL. The TMDL requires the municipal and Caltrans storm water permittees to submit a coordinated monitoring plan within one year of the effective date of the TMDL and an implementation plan within five and a half years of the effective date of the TMDL. The monitoring plan must include bioaccumulation testing of fish and mussel tissue and sediment toxicity testing. The TMDL allows for special studies, which are due within five years of the effective date of the TMDL, to refine source assessments, provide better estimates of loading capacity, and optimize implementation efforts. The TMDL specifies that within six months of the effective date of a statewide adopted sediment quality objectives and implementation policy, the Los Angeles Regional Water Quality Control Board will re-assess the numeric targets and wasteload allocations for consistency with these statewide objectives. The TMDL also specifies that within six years of its effective date, the Los Angeles Regional Water Quality Board shall reconsider the waste load allocations and implementation schedule based on the results of special studies.
HISTORY
1. New section summarizing amendments to basin plan filed 12-15-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0076 on 10-20-2005; amendments approved by OAL pursuant to Government Code section 11353 on 12-15-2005 (Register 2005, No. 50).
2. Editorial correction of History 1 (Register 2006, No. 3).
§3939.19. A Total Maximum Daily Load for Metals in the Los Angeles River and its Tributaries.
History
On September 6, 2007, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R2007-014, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce metals in the Los Angeles River and its Tributaries for dry weather (maximum daily flow in the River less than 500 cubic feet per second) and wet weather (maximum daily flow in the River equal to or greater than 500 cubic feet per second). The TMDL: (1) sets dry- and wet-weather numeric targets to achieve California Toxics Rule (CTR) numeric water quality criteria for metals; (2) establishes a dry-weather loading capacity for a single critical flow to meet the dry-weather numeric target; (3) establishes a wet-weather loading capacity that varies with flow in order to meet wet-weather numeric targets; and (4) allocates the dry- and wet-weather loading capacities among point and nonpoint sources of metals, with the majority of the dry-weather allocation to the three largest publicly owned treatment works (POTWs) and the majority of the wet-weather allocation to storm water sources.
The TMDL identifies the National Pollutant Discharge Elimination System (NPDES) permits for three POTWs, the Los Angeles County and Long Beach municipal storm water NPDES permits, the Caltrans storm water NPDES permit, the general industrial and construction storm water NPDES permits, “other NPDES permits” for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the three POTWs to achieve dry- and wet-weather wasteload allocations at the time of permit issuance, renewal, or re-opener, or by January 11, 2016 if advanced treatment is required to reduce metals loads.
The TMDL requires the general industrial and construction storm water permittees to achieve dry-weather wasteload allocations at the time of permit issuance, renewal, or re-opener; it requires the general industrial and construction storm water permittees to achieve wet-weather wasteload allocations by January 11, 2016 and January 11, 2015, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve waste load allocations in prescribed percentages of the watershed, achieving dry-weather allocations in the entire watershed by January 11, 2024 and wet-weather allocations in the entire watershed by January 11, 2028.
The TMDL identifies five jurisdictional groups to coordinate implementation of the municipal storm water allocations and provides that by April 11, 2007, each jurisdictional group must submit a coordinated monitoring plan and by July 11, 2010, each jurisdictional group must submit an implementation plan. The TMDL allows for special studies, such as site-specific toxic effects and natural source studies, which are due by January 11, 2010. The TMDL specifies that by January 11, 2011, the Los Angeles Water Board shall reconsider the wasteload allocations and implementation schedule based on the results of special studies.
On May 6th, 2010, the Los Angeles Water Board adopted Resolution No. R10-003, amending the Basin Plan to revise the TMDL for metals in the Los Angeles River and its tributaries. The revision adjusts the copper numeric targets and loading capacity for Reaches 1-4 of the Los Angeles River and the Burbank Western Channel, as well as the copper waste load allocations for the Donald C. Tillman, Los Angeles-Glendale, and Burbank POTWs.
HISTORY
1. New section summarizing amendments to basin plan filed 12-9-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0077 on 10-20-2005; amendments approved by OAL pursuant to Government Code section 11353 on 12-9-2005 (Register 2005, No. 49).
2. Editorial correction of History 1 (Register 2006, No. 3).
3. Amendment of section summarizing amendments to basin plan filed 10-14-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0046 on 6-17-2008; amendment approved by OAL pursuant to Government Code section 11353 on 10-14-2008 (Register 2008, No. 42). These amendments are the result of a petition for writ of mandate invalidating the originally approved amendment (Resolution No. 2005-0077), and mandating the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board conduct alternatives analysis. This analysis has been completed, and the State Water Resources Control Board and Los Angeles Regional Water Quality Control Board have both readopted this basin plan amendment.
4. New final paragraph summarizing further amendments to basin plan filed 7-27-2011; amendments adopted by Los Angeles Regional Water Quality Control Board Resolution No. R10-003 on 5-6-2010; amendment approved by State Water Resources Control Board Resolution No. 2011-0021 on 4-19-2011; amendments approved by OAL pursuant to Government Code section 11353 on 7-27-2011 (Register 2011, No. 30).
§3939.20. Total Maximum Daily Load for Metals for Ballona Creek.
History
On September 6, 2007, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R2007-015, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce metals (copper, lead, selenium, and zinc) in Ballona Creek for dry weather (maximum daily flow in the creek less than 40 cubic feet per second) and wet weather (maximum daily flow in the creek equal to or greater than 40 cubic feet per second). The TMDL: (1) sets dry- and wet-weather numeric targets to achieve the California Toxics Rule (CTR) numeric water quality criteria for metals; (2) establishes a dry-weather loading capacity for a single critical flow to meet dry-weather numeric targets; (3) establishes a wet-weather loading capacity that varies with flow in order to meet the wet-weather numeric targets; and (4) allocates the dry- and wet-weather loading capacities among point and nonpoint sources of metals, with most of the capacity allocated to storm water sources.
The principle regulatory mechanisms to implement the TMDL are: (1) the Los Angeles County municipal storm water National Pollutant Discharge Elimination System (NPDES) permit, (2) the Caltrans storm water NPDES permit, (3) the general industrial and construction storm water NPDES permits, (4) “other NPDES permits” for low-volume, intermittent, non-stormwater discharges, and (5) the authority vested in the Executive Officer by Water Code section 13267.
HISTORY
1. New section summarizing amendments to basin plan filed 12-9-2005; amendment approved by State Water Resources Control Board Resolution No. 2005-0078 on 10-20-2005; amendments approved by OAL pursuant to Government Code section 11353 on 12-9-2005 (Register 2005, No. 49).
2. Editorial correction of History 1 (Register 2006, No. 3).
3. Summary of basin plan amendments filed 10-6-2008; amendments adopted by the Los Angeles Regional Water Quality Control Board 9-6-2007 per Resolution No. R2007-015. Approved by the State Water Resources Control Board 6-17-2008 per Resolution No. 2008-0045; approved by OAL 10-6-2008 pursuant to Government Code section 11353 (Register 2008, No. 41).
§3939.21. TMDL for Toxic Pollutants in Marina del Rey Harbor.
History
On October 6, 2005, the Los Angeles Regional Water Quality Control Board (Regional Water Board), adopted Resolution No. 2005-012, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) to reduce toxic pollutants in Marina del Rey Harbor. The TMDL: (1) sets numeric targets for sediments based on Effects Range-Low sediment quality guidelines (ERLs) compiled by the National Oceanic and Atmospheric Administration; (2) sets numeric water quality and fish tissue targets based on standards established by the California Toxics Rule (CTR), for the protection of human health; (3) establishes a loading capacity to meet numeric targets for sediment based on the average annual total suspended solids loading to the harbor; and (4) allocates the loading capacities among point and nonpoint sources of toxic pollutants, with the majority of the capacity allocated to storm water sources.
The TMDL identifies the Los Angles County municipal storm water National Pollutant Discharge Elimination System (NPDES) permit, the Caltrans storm water NPDES permit, the general industrial and construction storm water NPDES permits, and “other NPDES permits” for low-volume, intermittent, non-stormwater discharges, and the authority vested in the Executive Officer by Water Code section 13267 as the principal regulatory mechanisms to implement the TMDL. The TMDL requires the general industrial and construction storm water permittees to achieve waste load allocations for sediment within 7 years and 9 years of the effective date of the TMDL, respectively. The TMDL requires the municipal and Caltrans storm water permittees to achieve waste load allocations for sediment in prescribed percentages of the watershed, achieving allocations in the entire watershed within 10 years. However, if an integrated resources approach is used, this deadline may be extended up to 5 years -- pursuant to Regional Water Board approval.
The TMDL requires the municipal and Caltrans storm water permittees to submit a coordinated monitoring plan within one year of the effective date of the TMDL and an implementation plan within 5 1/2 years of the effective date of the TMDL. The monitoring plan must include bioaccumulation testing of fish tissue, and sediment toxicity testing. The TMDL allows for special studies, which are due within five years of the effective date of the TMDL, to refine source assessments, provide better estimates of loading capacity, and optimize implementation efforts. The TMDL specifies that within 6 months of the effective date of the State Water Resources Control Board (State Water Board) adopted sediment quality objectives and implementation policy, the Regional Water Board will reassess the numeric targets and waste load allocations for consistency with the State Water Board adopted sediment quality objectives. The TMDL also specifies that within six years of its effective date, the Regional Water Board shall reconsider the waste load allocations and implementation schedule based on the results of special studies.
With regard to existing sediment contamination by toxic pollutants, the TMDL also stipulates that the Executive Officer shall issue appropriate investigatory and clean up and abatement orders to address toxicity hotspots within sediments identified as a result of any investigation.
HISTORY
1. New section summarizing amendments to basin plan filed 3-13-2006; amendments approved by State Water Resources Control Board Resolution No. 2006-0006 on 1-13-2006; amendments approved by OAL pursuant to Government Code section 11353 on 3-13-2006 (Register 2006, No. 11).
§3939.22. Basin Plan Amendment to Revise the Early Life Stage Implementation Provision of the Inland Surface Water Ammonia Objectives for Freshwater.
History
(a) On December 1, 2005 the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. 2005-014, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revises Chapter 3 “Water Quality Objectives” to revise the Early Life Stage (ELS) implementation provision of the inland surface water ammonia objectives for freshwater. This amendment applies the “ELS absent” 30-day average objective in major water bodies that do not have fish species that reproduce below 15 degrees Celsius. It is below 15 degrees Celsius that the objective varies on the basis of the presence or absence of ELS. The amendment also applies the “ELS absent” provision where physical conditions preclude reproduction and early development in significant numbers (even where fish species that reproduce below 15 degrees Celsius are present). The amendment applies the “ELS present” 30-day average objective to all other water bodies.
Early life stages of fish are presumptively present and must be protected at all times of the year, unless the water body is listed in the table titled, “Water Bodies Subject to 30-day Average Objective Applicable to `ELS absent' Condition” in the Basin Plan or unless a site-specific study justifies applying the ELS absent condition or a seasonal ELS present condition. Any change in the implementation provision for the ELS present/absent condition, including the assignment of water bodies, must be approved through the Basin Plan amendment process.
If recent data and information are submitted to the Los Angeles Water Board that provide clear and convincing substantial evidence that the physical conditions of a water body listed in the table have changed due to restoration efforts such that the water body is “ELS present,” the Los Angeles Water Board shall reconsider this implementation provision to ensure protection of ELS of fish in the water body.
To justify the ELS absent provision, information must be presented regarding fish species distributions, spawning periods, nursery periods, and the duration of ELS found in the water body. Expert opinions from fisheries biologists and other scientists will be considered. Where it can be obtained, a consensus opinion from a diverse body of experts would carry significant weight in determining the presence or absence of the ELS. Information on water body temperature, including spatial, seasonal, and inter-annual variability will also be considered. The determination of when ELS are most likely not to be present under chronic toxic conditions that would affect the long-term success of the fish populations should include adequate scientific justification. The Los Angeles Water Board shall use the record supporting a Basin Plan amendment as the basis upon which to approve or disapprove changes to these implementation provisions for the 30-day average ammonia objective. The Los Angeles Water Board shall ensure that the record clearly explains all the factors and information considered in arriving at the determination. The Los Angeles Water Board shall consider and weigh the breadth and depth of scientific evidence in determining whether to remove the ELS specification of a water body.
Where there is a site-specific ammonia objective for the water body and the water body is not identified as ELS absent due to physical characteristics of the water body, separate implementation provisions to protect ELS of fish may apply, since the temperature threshold at which ELS are more sensitive than invertebrates may change based on these site-specific conditions. The potential for seasonality for all ELS present water bodies will be considered before the ELS provision is applied to water bodies with a site-specific objective.
Notwithstanding anything to the contrary herein, a watershed may have some reaches and tributaries with ELS present conditions and others with ELS absent conditions. Implementation actions to achieve applicable ammonia objectives must implement downstream objectives.
(b) Through Regional Water Board Resolution No. R4-2007-005, adopted June 7, 2007, the Los Angeles Regional Water Quality Control Board amended the Water Quality Control Plan for the Los Angeles Region (Basin Plan). On January 15, 2008, the State Water Resources Control Board approved this amendment under State Board Resolution No. 2008-0004. This amendment incorporates site-specific 30-day average ammonia objectives and corresponding site-specific early life stage implementation provisions to replace the previously applicable regional 30-day average objective for the affected water body reaches. This amendment will not change the regional one-hour average ammonia objective for these water bodies.
HISTORY
1. New section summarizing amendment to basin plan filed 8-31-2006; amendment approved by State Water Resources Control Board Resolution No. 2005-014 on 7-19-2006; amendment approved by OAL pursuant to Government Code section 11353 on 8-31-2006 (Register 2006, No. 35).
2. New subsection (b) summarizing amendment to basin plan filed 5-12-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0004 on 1-15-2008; amendment approved by OAL pursuant to Government Code section 11353 on 5-12-2008 (Register 2008, No. 20).
§3939.23. Total Maximum Daily Load for Metals and Selenium in Calleguas Creek, Its Tributaries, and Mugu Lagoon.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2006-012, adopted on June 8, 2006 by the Los Angeles Water Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for metals and selenium in Calleguas Creek, its tributaries, and Mugu Lagoon. The State Water Resources Control Board approved the amendment on October 25, 2006 under Resolution No. 2006-0078.
Three of 14 reaches in the Calleguas Creek Watershed, including Revolon Slough, Lower Calleguas Creek -- Reach 2, and Mugu Lagoon have been listed under the federal Clean Water Act section 303(d) as not meeting standards due to elevated concentrations of metals and selenium in water. Technical studies indicate Mugu Lagoon is a sink for metals, which endanger aquatic organisms and impair the existing habitat. Aquatic organisms also accumulate metals, which cause human health concerns. The beneficial uses most affected by metals and selenium loadings into Calleguas Creek, its tributaries, and Mugu Lagoon include habitats which support wildlife and rare, threatened, or endangered species, as well as habitats which support estuarine and wetland ecosystems. The amendment establishes four types of numeric targets with which load allocations and waste load allocations were calculated. The types of numeric targets are water quality targets for copper, nickel, zinc, mercury, and selenium; fish tissue targets for mercury; bird egg targets for mercury and selenium; and sediment quality guidelines for copper, nickel, and zinc for 303(d)-listed reaches. In addition, the Basin Plan amendment specifies final waste load allocations for point source discharges and load allocations for nonpoint source discharges of metals and selenium. The TMDL establishes a ten year implementation schedule for publicly owned treatment works and other National Pollutant Discharge Elimination System Permittees, and a 15 year implementation schedule for agricultural and permitted storm water dischargers to reduce the loading of metals and selenium to Calleguas Creek. The TMDL also authorizes the use of best management practices, to the extent authorized by law, for various dischargers including agricultural and storm water dischargers. The implementation plan includes a combination of water quality monitoring, hot-spot waste removal, waste collection, and sediment control. The TMDL also consists of a monitoring program to assess compliance with waste load allocations. The monitoring program also stipulates the collection of additional data to evaluate the uncertainties and assumptions made in development of the TMDL and to consider potential management scenarios.
The Basin Plan amendment includes a brief description of the Calleguas Creek Watershed and the existing conditions contributing to water quality problems. Calleguas Creek metals and selenium TMDL numeric targets, source analysis, linkage analysis, waste load allocation, load allocation, margin of safety, future growth, critical conditions, implementation plan, and compliance schedule are also discussed in the Basin Plan amendment.
HISTORY
1. New section summarizing amendments to basin plan filed 2-6-2007; amendment approved by State Water Resources Control Board Resolution No. 2006-0078 on 10-25-2006; amendments approved by OAL pursuant to Government Code section 11353 on 2-6-2007 (Register 2007, No. 6).
§3939.24. Total Maximum Daily Load for Bacteria in Ballona Creek, Ballona Estuary, and Sepulvada Channel.
History
This amendment to the Water Quality Control Plan for the Los Angeles Region (Basin Plan) establishes a Total Maximum Daily Load (TMDL) for bacteria in Ballona Creek, Ballona Estuary, and Sepulveda Channel, based on a reference system approach which allows a set number of exceedances of the applicable bacteria objectives for wet-weather days and both summer (April 1 to October 31) and winter (November 1 to March 31) dry-weather days. Wet-weather days are defined as any day receiving 0.1 inch of rain or more and three days thereafter. There are four components of the TMDL. First, the TMDL sets numeric water quality targets equal to the updated Basin Plan water contact recreation objectives for marine and fresh waters (for Ballona Estuary and Sepulveda Channel respectively), Basin Plan objectives for limited water contact recreation (for Reach 2 of Ballona Creek), and the non-contact water recreation Basin Plan objectives for Reach 1 of Ballona Creek. Second, the TMDL applies the allowable maximum number of daily and weekly sampling days which may exceed the single sample limits for the relevant bacterial indicators, specified in the Basin Plan during summer dry weather, winter dry weather, and wet weather. Third, the TMDL provides that all responsible jurisdictions and agencies within a subwatershed are jointly responsible for complying with the waste load allocations and that the responsible jurisdictions for the nonpoint sources are responsible for complying with their load allocation. Fourth, the TMDL applies the allowable exceedance days, and the rolling 30-day geometric bacteria density means as specified in the Basin Plan as bacteriological water quality objectives and stipulates these objectives must be achieved within six years for the summer and winter dry weather period and within 10 years for the wet-weather period. However, if an integrated water resources approach is implemented, the Executive Officer of the Los Angeles Water Quality Control Board (Los Angeles Water Board) may extend the compliance for the wet-weather allowable exceedance days and the rolling 30-day geometric mean up to 14 years from the effective date of the TMDL (which corresponds with the final compliance date of the Santa Monica Bay Bacteria Beaches TMDL).
The amendment identifies Los Angeles County Municipal Storm Water National Pollutant Discharge Elimination System permit and the Caltrans Storm Water Permit and the authority vested in the Executive Officer by Water Code sections 13263 and 13267 as the principal regulatory tools to be used to implement the TMDL.
This Basin Plan amendment was adopted by the Los Angeles Water Board on June 8, 2006 and approved by the State Water Resources Control Board on November 15, 2006.
HISTORY
1. New section summarizing amendments to basin plan filed 2-20-2007; amendment approved by State Water Resources Control Board Resolution No. 2006-0092 on 11-15-2006; amendments approved by OAL pursuant to Government Code section 11353 on 2-20-2007 (Register 2007, No. 8).
§3939.25. Basin Plan Amendment to Incorporate a Variance Provision for the Groundwater Mineral Quality Objectives.
History
On March 9, 2006, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. 2006-003 amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment revises Basin Plan Chapter 3, “Water Quality Objectives,” to incorporate a variance provision for groundwater mineral water quality objectives (contained in Table 3-10 of the 1994 version of the Basin Plan). This authority allows the Los Angeles Water Board to approve permit-specific variances for the groundwater mineral quality objectives. The variances are to be limited in geographic scope to coastal aquifers where elevated concentrations of minerals are caused by natural sources due to an aquifer's proximity to the coast.
A discharger must submit to the Executive Officer a written request for a variance from compliance with the mineral quality objectives for groundwater. The Los Angeles Water Board may only grant a variance after a duly noticed public meeting. The Los Angeles Water Board's decision to grant or to deny a variance shall be based on evidence in the record. The Los Angeles Water Board may only grant a variance when it determines that the request satisfies the conditions specified in the amendment and that the variance is in the public interest. In granting a variance, the Los Angeles Water Board must include appropriate requirements in the Waste Discharge Requirements or enforcement order consistent with the State Water Resources Control Board's anti-degradation resolution (State Water Board Resolution. No. 68-16) and other applicable water quality standards specified in regional and statewide water quality control plans.
HISTORY
1. New section summarizing amendments to basin plan filed 8-14-2007; amendments approved by State Water Resources Control Board Resolution No. 2007-0027 on 5-22-2007; amendments approved by OAL pursuant to Government Code section 11353 on 8-14-2007 (Register 2007, No. 33).
§3939.26. Basin Plan Amendment to Incorporate Water-Effect Ratios (WERs) for Copper in Lower Calleguas Creek and Mugu Lagoon in the Calleguas Creek Watershed.
History
Resolution No. 2006-022, adopted on November 9, 2006 by the Los Angeles Regional Water Quality Control Board, amended the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan), by incorporating water-effect ratios (WERs) that modify the copper water quality criteria for Lower Calleguas Creek and Mugu Lagoon in the Calleguas Creek Watershed in Ventura County. The WERs shall be applied as multipliers to the copper water quality criteria contained in the federally promulgated California Toxics Rule (CTR) as set forth in 40 Code of Federal Regulations section 131.38. The WERs modify the current acute (1-hour average) and chronic (4-day average) copper criteria set to protect aquatic life for these waters. The WERs are used to modify the criteria for copper in a manner that considers site-water chemistry, as compared to laboratory water chemistry, to ensure the criteria are as protective of aquatic life as was intended by the CTR. For Mugu Lagoon (Reach 1), the site-specific WER for copper is 1.51. For the Lower Calleguas Creek (Reach 2), the site-specific WER for copper is 3.69. The Basin Plan amendment also specifies water monitoring requirements and other provisions relating to the applicability of the WERs.
HISTORY
1. New section summarizing amendments to the basin plan filed 8-16-2007; amendments approved by State Water Resources Control Board Resolution No. 2007-0037 on 6-19-2007; amendments approved by OAL pursuant to Government Code section 11353 on 8-16-2007 (Register 2007, No. 33).
§3939.27. A Total Maximum Daily Load for Trash in the Ventura River Estuary.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2007-008, adopted on June 7, 2007 by the Los Angeles Water Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by: (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load for trash in the Ventura River Estuary.
The amendment establishes the numeric target with which wasteload allocations for point source discharges and load allocations for nonpoint source discharges are calculated. Wasteload allocations will be implemented through storm water permits via the authority vested in the Executive Officer by section 13267 of the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.). Load allocations shall be implemented through either (1) a conditional waiver from waste discharge requirements, or (2) an alternative program implemented through waste discharge requirements or an individual waiver or another appropriate order of the Los Angeles Water Board.
HISTORY
1. New section summarizing amendment to basin plan filed 2-11-2008; amendment approved by State Water Resources Control Board Resolution No. 2007-0072 on 12-4-2007; amendment approved by OAL pursuant to Government Code section 11353 on 2-11-2008 (Register 2008, No. 7).
§3939.28. A Total Maximum Daily Load for Trash in Lake Elizabeth, Munz Lake and Lake Hughes.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2007-009, adopted on June 7, 2007 by the Los Angeles Water Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by: (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load for trash in Lake Elizabeth, Munz Lake, and Lake Hughes.
The amendment establishes the numeric target with which wasteload allocations for point source discharges and load allocations for nonpoint source discharges are calculated. Wasteload allocations will be implemented through storm water permits via the authority vested in the Executive Officer by section 13267 of the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.). Load allocations shall be implemented through either (1) a conditional waiver from waste discharge requirements, or (2) an alternative program implemented through waste discharge requirements or an individual waiver or another appropriate order of the Los Angeles Water Board.
HISTORY
1. New section summarizing amendments to the basin plan filed 2-8-2008; amendments approved by State Water Resources Control Board Resolution No. 2007-0073 on 12-4-2007; amendments approved by OAL pursuant to Government Code section 11353 on 2-8-2008 (Register 2008, No. 6).
§3939.29. A Total Maximum Daily Load for Trash in Legg Lake.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2007-010, adopted on June 7, 2007 by the Los Angeles Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by: (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load for trash in Legg Lake.
The amendment establishes the numeric target with which wasteload allocations for point source discharges and load allocations for nonpoint source discharges are calculated. Wasteload allocations will be implemented through storm water permits via the authority vested in the Executive Officer by section 13267 of the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.). Load allocations shall be implemented through either (1) a conditional waiver from waste discharge requirements, or (2) an alternative program implemented through waste discharge requirements or an individual waiver or another appropriate order of the Los Angeles Water Board.
HISTORY
1. New section summarizing amendments to Basin Plan filed 2-5-2008; amendments adopted by the Los Angeles Regional Water Quality Control Board 6-7-2007 pursuant to Resolution No. R4-2007-010. Approved by the State Water Resources Control Board 12-4-2007 pursuant to Resolution No. 2007-0074; approved by OAL 2-5-2008 pursuant to Government Code section 11353 (Register 2008, No. 6).
§3939.30. A Total Maximum Daily Load for Trash in Machado Lake.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2007-006, adopted on June 7, 2007 by the Los Angeles Water Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by: (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load for trash in Machado Lake.
The amendment establishes the numeric target with which wasteload allocations for point source discharges and load allocations for nonpoint source discharges are calculated. Wasteload allocations will be implemented through storm water permits via the authority vested in the Executive Officer by section 13267 of the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.). Load allocations shall be implemented through either (1) a conditional waiver from waste discharge requirements, or (2) an alternative program implemented through waste discharge requirements or an individual waiver or another appropriate order of the Los Angeles Water Board.
HISTORY
1. New section summarizing amendments to the basin plan filed 2-8-2008; amendments approved by State Water Resources Control Board Resolution No. 2007-0075 on 12-4-2007; amendments approved by OAL pursuant to Government Code section 11353 on 2-8-2008 (Register 2008, No. 6).
§3939.31. A Total Maximum Daily Load for Trash in Revolon Slough and Beardsley Wash.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2007-007, adopted on June 7, 2007 by the Los Angeles Water Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region by: (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load for trash in Revolon Slough and Beardsley Wash.
The amendment establishes the numeric target with which wasteload allocations for point source discharges and load allocations for nonpoint source discharges are calculated. Wasteload allocations will be implemented through storm water permits via the authority vested in the Executive Officer by section 13267 of the Porter-Cologne Water Quality Control Act (Water Code section 13000 et seq.). Load allocations shall be implemented through either (1) a conditional waiver from waste discharge requirements, or (2) an alternative program implemented through waste discharge requirements or an individual waiver or another appropriate order of the Los Angeles Water Board.
HISTORY
1. New section summarizing amendments to the basin plan filed 1-24-2008; amendments approved by the State Water Resources Control Board Resolution No. 2007-0076 on 12-4-2007; amendments approved by OAL pursuant to Government Code section 11353 on 1-24-2008 (Register 2008, No. 4).
§3939.32. A Total Maximum Daily Load for Boron, Chloride, Sulfate, and TDS (Salts) in the Calleguas Creek Watershed.
History
On October 4, 2007, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R4-2007-016, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan). This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) in the Calleguas Creek Watershed for boron, chloride, sulfate, and TDS (Total Dissolved Solids), constituents commonly referred to as salts. The TMDL: (1) sets numeric targets in the Basin Plan to achieve the surface and groundwater quality objectives for boron, chloride, sulfate, and TDS; (2) establishes waste load allocations for point sources including Publicly Owned Treatment Works (POTWs), permitted storm water dischargers, and other National Pollutant Discharge Elimination System (NPDES) dischargers; and (3) establishes load allocations for irrigated agricultural dischargers to meet the numeric targets.
This TMDL addresses water quality impairments due to elevated levels of salts including boron, chloride, sulfate, and TDS in the Calleguas Creek Watershed as documented in the State of California 303(d) list of impaired water bodies. This TMDL supersedes the chloride TMDL established by the U.S. Environmental Protection Agency in 2002.
This TMDL sets forth waste load allocations for POTWs, permitted storm water dischargers, and other NPDES dischargers, and load allocations for irrigated agricultural dischargers which limit the mass of salts that can be discharged to the Calleguas Creek Watershed. The TMDL includes provisions for optional Special Studies to improve understanding of key aspects related to the achievement of waste load allocations and load allocations for salts. The TMDL establishes a Monitoring Plan for tracking inputs and outputs to the Calleguas Creek Watershed to ensure that the goal of a salts balance in the watershed is being achieved and water quality objectives are being met. The TMDL establishes an Implementation Plan that has four key structural elements to the regional implementation: Regional Salinity Management Conveyance (RSMC), Water Conservation, Water Softeners, and Best Management Practices for Irrigated Agriculture. Subwatershed implementation includes the Renewable Water Resource Management Program (RWRMP) for the Southern Reaches and the Northern Reach Renewable Water Management Plan (NRRWMP).
The TMDL implementation plan is based on construction of a regional brine line and ocean outfall whereby brines from the advanced treatment of degraded groundwater in the Calleguas Creek Watershed are discharged directly to the ocean in compliance with the California Ocean Plan. The TMDL implementation plan also includes increased use of POTW effluent and advanced treated (reverse osmosis) groundwater for recycled water. The proposed TMDL requires the POTWs, permitted storm water dischargers, other NPDES dischargers, and irrigated agricultural dischargers to achieve their allocations in the entire watershed within 15 years. The implementation plan has been developed as a phased plan with interim salt load reduction, to allow for a review of implemented actions to attain water quality.
HISTORY
1. New section summarizing amendments to the basin plan filed 11-6-2008; amendments approved by State Water Resources Control Board Resolution No. 2008-0033 on 5-20-2008; amendments approved by OAL pursuant to Government Code section 11353 on 11-6-2008 (Register 2008, No. 45).
§3939.33. A Total Maximum Daily Load for Bacteria in the Harbor Beaches of Ventura County (Kiddie Beach and Hobie Beach).
History
Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. R2007-017, adopted on November 01, 2007 by the Regional Board modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads [TMDL]), and (3) establishing a TMDL for Bacteria at Kiddie Beach and Hobie Beach.
Kiddie Beach and Hobie Beach in the Channel Islands Harbor subwatershed in the Miscellaneous Ventura Coastal Management Area have been listed under the federal Clean Water Act section 303(d) as not attaining water quality standards due to elevated levels of indicator bacteria and excess exceedances of bacteria numeric limits measured in ankle- to knee-high depth. The beneficial uses most affected by elevated levels of bacteria at the Kiddie and Hobie Beaches include water contact recreation (REC-1) and non-contact water recreation (REC-2).
The amendment establishes waste load allocations (WLAs) for point source discharges, load allocations (LAs) for nonpoint source discharges, and interim allocations expressed as “allowable exceedance days”. Allowable exceedance days only apply to days in which single sample limits are exceeded and does not apply to days where geometric mean limits are exceeded. Allowable exceedance days are further separated into three separate time periods: summer dry-weather, winter dry-weather, and wet-weather. The amendment establishes an implementation schedule for complying with allocations with separate final compliance dates of five years for dry-weather and ten years for wet-weather, given the different conditions and implementation approaches necessary to achieve compliance.
Responsible parties shall propose source control and Best Management Practices (BMPs,) including but not limited to structural and non-structural BMPs, at Kiddie Beach and Hobie Beach and subsequent subwatershed during dry- and wet- weather for Executive Officer approval. Upon approval, responsible parties shall implement source control and BMPs for Kiddie Beach and Hobie Beach and subsequent subwatershed to address the elevated levels of indicator bacteria. Agricultural dischargers in the subwatershed are also required to submit a monitoring plan for Executive Officer approval and implement monitoring six months after approval of the plan.
In addition to a brief description of the Channel Islands Harbor subwatershed and the existing conditions contributing to water quality problems, the Basin Plan amendment also includes numeric targets, source analysis, linkage analysis, WLAs, LAs, margin of safety, critical conditions, implementation plan, and compliance schedules.
HISTORY
1. New section summarizing amendments to basin plan filed 12-9-2008; amendments approved by State Water Quality Control Board Resolution No. 2008-072 on 10-7-2008; amendments approved by OAL pursuant to Government Code section 11353 on 12-9-2008 (Register 2008, No. 50).
§3939.34. Subdivision of Santa Clara River Reach 4.
History
Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) Resolution No. R4-2007-018, adopted on November 1, 2007 by the Los Angeles Water Board and approved by the State Water Resources Control Board on October 21, 2008 under Resolution No. 2008-0076, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by subdividing Reach 4 of the Santa Clara River as two separate Reaches: Reach 4A between the confluence of Piru Creek and the A Street Bridge in the City of Fillmore, and Reach 4B between the Blue Cut Gauging Station and the confluence of Piru Creek. This action is based on current understanding of the water quality differences between the western and eastern portions of Reach 4 due to the significant alterations to land uses and waste discharges within the Upper Santa Clara River watershed.
HISTORY
1. New section summarizing amendments to the basin plan filed 1-7-2009; amendments approved by State Water Resources Control Board Resolution No. 2008-0076 on 10-21-2008; amendments approved by OAL pursuant to Government Code section 11353 on 1-7-2009 (Register 2009, No. 2).
§3939.35. A Total Maximum Daily Load for Eutrophic, Algae, Ammonia, and Odors (Nutrient) for Machado Lake.
History
The Los Angeles Regional Water Quality Control Board (Regional Board) adopted Resolution No. R08-006 on May 1, 2008, which modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for Eutrophic, Algae, Ammonia, and Odors (Nutrient) in Machado Lake.
The Basin Plan amendment establishes numeric targets for total phosphorus, total nitrogen (TKN+NO3-N+NO2-N), ammonia -- N (chronic and acute), dissolved oxygen, and chlorophyll a. These numeric targets are set to achieve the applicable Water Quality Objectives, which are Biostimulatory Substances, Taste and Odor, Dissolved Oxygen, and Ammonia. The TMDL waste load allocations (WLAs) for point source discharges and load allocations (LAs) for nonpoint source discharges are established to attain the TMDL numeric targets. Waste load allocations are assigned to urban stormwater dischargers in both wet and dry weather. The final waste load allocations are assigned as concentration based allocations of 0.1 mg/L and 1.0 mg/L as monthly averages for total phosphorus and total nitrogen (TKN+NO3-N+NO2-N), respectively. Load allocations are assigned for nonpoint sources discharges to the lake, primarily internal nutrient loading from the lake sediments. The final load allocations for internal loading are concentration based allocations for 0.1 mg/L and 1.0 mg/L as monthly averages for total phosphorus and total nitrogen (TKN+NO3-N+NO2-N), respectively.
The regulatory mechanisms used to implement the TMDL include the Los Angeles County municipal separate storm sewer system (MS4) permit, the Caltrans stormwater permit, the general industrial stormwater NPDES permit, and the general construction stormwater NPDES permit. Nonpoint sources are regulated through a Memorandum of Agreement (MOA) between the responsible parties and the Regional Board Executive Officer. The MOA shall comply with the Water Quality Control Policy for Addressing Impaired Waters: Regulatory Structure and Options (“Policy”), including part II section 2 c ii and related provisions. The implementation of the MOA must result in attainment of the TMDL load allocations. If the MOA does not result in the attainment of the TMDL load allocations, the MOA will be rescinded and the load allocations shall be implemented through a clean up and abatement order.
The TMDL requires stormwater permittees to achieve interim waste load allocations upon the effective date of the TMDL and final waste load allocations 9.5 years from the effective date of the TMDL. The TMDL requires responsible parties assigned load allocations to achieve interim load allocations upon the effective date of the TMDL and final load allocations 9.5 years from the effective date of the TMDL. The TMDL allows for special studies, which are required to be completed within 6 years of the effective date. The Regional Board shall reconsider the TMDL 7.5 years from the effective date based on the results of special studies and water quality monitoring.
HISTORY
1. New section summarizing amendments to the basin plan filed 2-19-2009; amendments approved by State Water Resources Control Board Resolution No. R08-006 on 5-1-2008; amendments approved by OAL pursuant to Government Code section 11353 on 2-19-2009 (Register 2009, No. 8).
§3939.36. Malibu Creek Watershed Trash TMDL.
History
Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. R4-2008-007, adopted on May 1, 2008, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by: (1) revising the Table of Contents, (2) adding introductory text for Chapter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for Trash in the Malibu Creek Watershed.
In the Malibu Creek Watershed, Malibu Creek from Malibu Lagoon to Malibu Lake, Medea Creek Reaches 1 and 2, Lindero Creek Reaches 1 and 2, Lake Lindero, and Las Virgenes Creek have been listed under the federal Clean Water Act section 303(d) as not meeting standards due to excessive trash accumulated in water. The amendment establishes the numeric target with which wasteload allocations for point source discharges and load allocations for nonpoint source discharges are calculated. The proposed TMDL establishes an eight-year implementation schedule for point source dischargers. However, the water quality objective of zero trash, as defined in the TMDL, shall be attained in five years for nonpoint source dischargers. In addition to a brief description of the Malibu Creek Watershed and the existing conditions contributing to water quality problems, the Basin Plan amendment also includes numeric targets, source analysis, linkage analysis, wasteload allocations, load allocations, margin of safety, critical conditions, an implementation plan, and compliance schedules.
HISTORY
1. New section summarizing amendments to the basin plan filed 6-16-2009; amendments approved by the State Water Resources Control Board Resolution No. R4-2008-007 on 5-1-2008; amendments approved by OAL pursuant to Government Code section 11353 on 6-16-2009 (Register 2009, No. 25).
§3939.37. Prohibition on the Use of On-Site Wastewater Disposal Systems in the Malibu Civic Center Area in a Portion of the City of Malibu and Unincorporated County of Los Angeles.
History
On November 5, 2009, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted an amendment to the Basin Plan, Resolution No. R4-2009-007, to prohibit on-site wastewater disposal systems (OWDS) in the Malibu Civic Center Area. The State Water Resources Control Board approved the amendment under Resolution No. 2010-0045, on September 21, 2010.
Under Resolution No. R4-2009-007, the “Malibu Civic Center area” is defined as the area within the lower Winter Canyon watershed, Malibu Valley watershed, and adjacent coastal strips, which include Amarillo and Surfrider Beaches.
This regulatory action immediately prohibits all new OWDS in the Malibu Civic Center area, and establishes a phased schedule to cease discharges from existing Phase One systems by November 5, 2015 and Phase Two systems by November 5, 2019.
HISTORY
1. New section summarizing amendments to basin plan filed 12-23-2010; amendment approved by State Water Resources Control Board Resolution No. 2010-0045 on 9-21-2010; amendment approved by OAL pursuant to Government Code section 11353 on 12-23-2010 (Register 2010, No. 52).
§3939.38. A Total Maximum Daily Load for Organochlorine (OC) Pesticides, Polychlorinated Biphenyls (PCBs), Sediment Toxicity, Polycyclic Aromatic Hydrocarbons (PAHs), and Metals for Colorado Lagoon.
History
On October 1, 2009, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R09-005, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for OC Pesticides, PCBs, Sediment Toxicity, PAHs, and Metals for Colorado Lagoon. The TMDL includes numeric targets for the water column based on California Toxics Rule criteria for protection of human health, sediment targets based on Effects Range-Low sediment quality guidelines compiled by the National Oceanic and Atmospheric Administration, and fish tissue targets based on Office of Environmental Health Hazard Assessment (OEHHA) Fish Contaminant Goals. Mass-based waste load allocations for Municipal Separate Storm Sewer System (MS4) permittees, including the City of Long Beach, the Los Angeles County Flood Control District, and Caltrans are allocated to five major storm drain outfalls that currently discharge to the lagoon. Concentration-based waste load allocations are assigned to the above-mentioned MS4 permittees for other minor stormwater outfalls, minor National Pollutant Discharge Elimination System (NPDES) permittees, and other stormwater and non-stormwater permittees.
The TMDL requires implementation to be carried out by responsible jurisdictions including, but not limited to, the City of Long Beach, the Los Angeles County Flood Control District and Caltrans. The proposed implementation actions include a range of activities that are proposed by the Los Angeles County Flood Control District and City of Long Beach in the Los Angeles County Termino Avenue Drain Project and Colorado Lagoon Restoration Project, respectively. Implementation of the proposed actions should result in attainment of the TMDL allocations. If the proposed actions are not implemented or otherwise do not result in attainment of allocations, additional remedial actions will be necessary.
The TMDL requires the permitted MS4 permittees, minor NPDES permittees, and other stormwater and non-stormwater dischargers to achieve applicable wasteload allocations within 7 years. The TMDL requires responsible parties for the assigned wasteload allocations to submit monitoring and reporting plans within six months of the effective date of the TMDL. Responsible agencies are required to submit progress reports to provide updates on the status of implementation actions performed under the TMDL every two years after the effective date of the TMDL. The plan is required to contain mechanisms to ensure progress toward meeting the assigned wasteload allocations.
HISTORY
1. New section summarizing amendment to basin plan filed 5-6-2011; amendment approved by State Water Resources Control Board Resolution No. 2010-0056 on 11-16-2010; amendment approved by OAL pursuant to Government Code section 11353 on 5-6-2011 (Register 2011, No. 18).
§3939.39. A Total Maximum Daily Load for Polychlorinated Biphenyls, Organochlorine Pesticides, and Sediment Toxicity in McGrath Lake.
History
On October 1, 2009, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R09-006, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for polychlorinated biphenyls, organochlorine pesticides (chlordane, dieldrin, DDT and derivatives), and sediment toxicity in McGrath Lake. The TMDL includes numeric targets for sediment based on Effects Range-Low sediment quality guidelines compiled by the National Oceanic and Atmospheric Administration and numeric targets for the water column based on California Toxics Rule criteria for protection of human health. The TMDL includes load allocations for discharges from the watershed to the lake and for internal sources from the lake sediments.
The load allocations for the discharges from the watershed to the lake will be implemented through the Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands or other appropriate Los Angeles Water Board Orders. The load allocations for the lake sediments will be implemented through a Memorandum of Agreement (MOA) among the Los Angeles Water Board and cooperative parties. The TMDL requires cooperative parties to enter into an MOA with the Los Angeles Water Board within two years of the effective date of the TMDL and to submit a work plan for remediation within three years of the effective date of the TMDL. If an MOA is not established, or the cooperative parties do not comply with the terms of the MOA, or if the MOA otherwise does not result in attainment of load allocations, the TMDL requires the Executive Officer of the Los Angeles Water Board to identify and issue appropriate regulatory orders to responsible parties for contaminated lake sediment remediation. The TMDL requires responsible parties for the load allocations for the discharges from the watershed to submit a monitoring and reporting plan within six months of the effective date of the TMDL.
The TMDL requires the load allocations for the discharges from the watershed to the lake to be attained within ten years of the effective date of the TMDL. The TMDL requires the load allocations for the lake sediments to be attained within 14 years of the effective date of the TMDL.
HISTORY
1. New section summarizing amendment to basin plan filed 5-31-2011; amendment approved by State Water Resources Control Board Resolution No. 2010-0065 on 12-14-2010; amendment approved by OAL pursuant to Government Code section 11353 on 5-31-2011 (Register 2011, No. 22).
§3939.40. A Total Maximum Daily Load for Indicator Bacteria in the Santa Clara River Estuary and Reaches 3, 5, 6 and 7.
History
On July 8, 2010, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R10-006, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for indicator bacteria in the Santa Clara River (SCR) Estuary and Reaches 3, 5, 6 and 7. The TMDL sets numeric targets for indicator bacteria based on numeric water quality objectives provided in the Basin Plan. The TMDL establishes final waste load allocations (WLAs) for point source discharges, final load allocations (LAs) for nonpoint source discharges, interim LAs for nonpoint source discharges and interim WLAs for city and county Municipal Separate Storm Sewer System (MS4) discharges. Final allocations to achieve the single sample maximum numeric targets are expressed as “allowable exceedance days” and only apply to days in which single sample limits are exceeded and do not apply to days where geometric mean limits are exceeded. No exceedance days of the geometric mean targets are allowed. Allowable exceedance days are further separated into dry weather and wet weather allowances. The TMDL requires the city and county MS4 dischargers and nonpoint source dischargers to achieve the final WLAs and LAs within 11 years for dry weather and 17 years for wet weather. Other point source dischargers must achieve WLAs upon the effective date of the TMDL.
Compliance with the city and county MS4 WLAs is based on the allowable number of exceedance days, except in wet weather, when compliance can alternatively be based on an allowable load of bacteria. Compliance with the city and county MS4 WLAs is assessed using a combination of in-stream and MS4 outfall monitoring. Compliance with the WLAs assigned to other point source dischargers is assessed through permit requirements. Compliance with nonpoint source load allocations is assessed through compliance with waste discharge requirements, waivers, or prohibitions.
HISTORY
1. New section summarizing amendment to basin plan filed 12-19-2011; amendment approved by State Water Resources Control Board Resolution No. R10-006 on 7-8-2010; amendment approved by OAL pursuant to Government Code section 11353 on 12-19-2011 (Register 2011, No. 51).
§3939.41. A Total Maximum Daily Load for Bacteria in the Los Angeles River Watershed.
History
Los Angeles Regional Water Quality Control Board (Regional Board) Resolution No. R10-007, adopted on July 9, 2010 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table of Contents and (2) establishing a Total Maximum Daily Load (TMDL) for Bacteria in the Los Angeles River Watershed.
Los Angeles River Reaches 1, 2, 4, and 6, Aliso Canyon Wash, Arroyo Seco Reaches 1 and 2, Bull Creek, Compton Creek, Dry Canyon Creek, McCoy Canyon Creek, Rio Hondo Reaches 1 and 2, Tujunga Wash, and Verdugo Wash Reaches 1 and 2 have been listed pursuant to federal Clean Water Act Section 303(d) as not attaining water quality standards due to elevated levels of indicator bacteria. The Regional Board and the State Water Resources Control Board have adopted the proposed 2008 federal Clean Water Act Section 303(d) list, which includes both Bell Creek and Burbank Western Channel as impaired waterbodies for elevated levels of indicator bacteria. The beneficial uses most affected by elevated levels of indicator bacteria in the Los Angeles River Watershed include water contact recreation (REC-1) and non-contact water recreation (REC-2). These listings are subject to the Consent Decree deadline between USEPA and Heal the Bay, Case No. 98-4825 SBA. According to the consent decree, TMDLs must be approved or established by USEPA by March 24, 2012 to address coliform in analytical unit 15.
The amendment establishes final waste load allocations (WLAs) for point source discharges, final load allocations (LAs) for nonpoint source discharges, and interim WLAs for Municipal Separate Storm Sewer System (MS4) permittees. Final allocations to achieve the single sample maximum numeric targets are expressed as “allowable exceedance days”. No exceedance days of the geometric mean targets are allowed. Allowable exceedance days are further separated into dry weather and wet weather allowances. The amendment establishes a phased and stepped implementation schedule for complying with allocations with separate final compliance dates of up to 18.5 years for dry weather, depending on the segment, and 25 years for wet weather, given the different conditions and implementation approaches necessary to achieve compliance.
Responsible parties shall submit a Coordinated Monitoring Plan one year after the effective date of the TMDL. To achieve the dry weather interim WLAs, MS4 permittees shall submit a Load Reduction Strategy (LRS) for reducing dry weather loading into the MS4. MS4 permittees that choose to comply with the TMDL in dry weather through alternative methods shall submit an alternative compliance plan for Regional Board Executive Office approval. MS4 permittees implementing an LRS may be permitted a second phase for implementing a revised LRS. Responsible parties shall submit a wet weather implementation plan 10 years after the effective date of the TMDL and shall achieve the final wet weather WLAs no later than 25 years after the effective date of the TMDL.
In addition to a brief description of the Los Angeles River Watershed and the existing conditions contributing to water quality problems, the Basin Plan amendment also includes numeric targets, a source analysis, a linkage analysis, WLAs, LAs, a margin of safety and critical conditions.
HISTORY
1. New section summarizing amendment to basin plan filed 3-21-2012; amendments adopted by the Los Angeles Regional Water Quality Control Board 7-9-2010 pursuant to Resolution No. R10-007. Approved by the State Water Resources Control Board 11-1-2011 pursuant to Resolution No. 2011-0056; approved by OAL pursuant to Government Code section 11353 on 3-21-2012 (Register 2012, No. 12).
§3939.42. A Total Maximum Daily Load for Pesticides and Polychlorinated Biphenyls in Machado Lake.
History
On September 2, 2010, the Los Angeles Regional Water Quality Control Board adopted Resolution No. R10-008, amending the Water Quality Control Plan for the Los Angeles Region by establishing a Total Maximum Daily Load (TMDL) for Pesticides and Polychlorinated Biphenyls (PCBs) in Machado Lake. The TMDL includes numeric targets for sediment based on the freshwater Threshold Effect Concentration sediment quality guidelines compiled by the National Oceanic and Atmospheric Administration, for the water column based on California Toxics Rule criteria for protection of human health, and for fish tissue based on the Fish Contaminant Goals issued by the Office of Environmental Health Hazard Assessment. The TMDL waste load allocations for point source discharges and load allocations for nonpoint source discharges are established to attain the TMDL numeric targets. The TMDL waste load allocations are for discharges from the watershed to Machado Lake and load allocations are for internal sources of pesticides and PCBs from the lake sediments.
The regulatory mechanisms used to implement the TMDL waste load allocations include the Los Angeles County municipal separate storm sewer system (MS4) permit, the Caltrans stormwater permit, the general industrial stormwater National Pollutant Discharge Elimination System (NPDES) permit, the general construction stormwater NPDES permit, and other non-stormwater NPDES permits. Nonpoint sources may be regulated through a Memorandum of Agreement (MOA) between the responsible parties and the Regional Board Executive Officer. The MOA shall comply with the Water Quality Control Policy for Addressing Impaired Waters: Regulatory Structure and Options (“Policy”), including part II section 2 c ii and related provisions. The implementation of the MOA must result in attainment of the TMDL load allocations. If the MOA does not result in the attainment of the TMDL load allocations, the MOA will be rescinded and the load allocations shall be implemented through a cleanup and abatement order.
The TMDL requires dischargers to attain the waste load and load allocations by September 30, 2019. The TMDL requires responsible parties for the waste load allocations to submit a monitoring and reporting plan within six months of the effective date of the TMDL. The TMDL requires responsible parties for the load allocations to enter into an MOA with the Regional Board within one year of the effective date of the TMDL and to submit a Lake Water Quality Management Plan within one and one half years of the effective date of the TMDL.
HISTORY
1. New section summarizing amendment to basin plan filed 2-29-2012; amendment approved by State Water Resources Control Board Resolution No. 2011-0065 on 12-6-2011; amendment approved by OAL pursuant to Government Code section 11353 on 2-29-2012 (Register 2012, No. 9).
§3939.43. A Total Maximum Daily Load for Debris in Nearshore and Offshore Santa Monica Bay.
History
On November 4, 2010, the Los Angeles Regional Water Quality Control Board (Regional Board) adopted Resolution No. R10-010, amending the Water Quality Control Plan for the Los Angeles Region (Basin Plan) by establishing a Total Maximum Daily Load (TMDL) for debris in Nearshore and Offshore Santa Monica Bay. The TMDL establishes numeric targets and waste load allocations (WLAs) for point source discharges and load allocations (LAs) for nonpoint source discharges that are equal to “zero” trash and “zero” plastic pellets.
To comply with trash WLAs, responsible jurisdictions and agencies may install Executive Officer-certified full capture systems, or partial capture systems in conjunction with best management practices upon Executive Officer approval. Nonpoint source dischargers may achieve compliance with trash LAs by implementing a program of minimum frequency of assessment and collection in conjunction with best management practices. The TMDL establishes an eight-year implementation schedule for point source dischargers of trash and a five-year schedule for nonpoint source dischargers. Final compliance deadlines may be extended to eleven years for point source dischargers and eight years for nonpoint source dischargers if a city or county adopts local ordinances to ban plastic bags, smoking in public places, and single use expanded polystyrene food packaging within three years of the Regional Board adoption of the Debris TMDL.
The TMDL assigns a WLA of zero plastic pellets to industrial facilities regulated through storm water NPDES permits and includes a five-year implementation schedule to achieve the WLA. The TMDL does not assign a plastic pellet WLA to MS4 permittees. Instead, MS4 permittees with industrial facilities or activities related to plastic pellet manufacturing, handling, or transportation under their jurisdiction must monitor for plastic pellets, establish triggers for increased industrial facility inspections, and develop a plan for addressing possible plastic pellet spills.
HISTORY
1. New section summarizing amendment to basin plan filed 3-15-2012; amendment approved by State Water Resources Control Board Resolution No. 2011-0064 on 12-6-2011; amendment approved by OAL pursuant to Government Code section 11353 on 3-15-2012 (Register 2012, No. 11).
§3939.44. A Total Maximum Daily Load for Toxic Pollutants in Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters.
History
On May 5, 2011, the Los Angeles Regional Water Quality Control Board (Los Angeles Water Board) adopted Resolution No. R11-008, amending the Water Quality Control Plan for the Los Angeles Region by establishing a TMDL for Toxic Pollutants in Dominguez Channel and Greater Los Angeles and Long Beach Harbor Waters. The TMDL includes numeric targets for the water column based on California Toxics Rule criteria for protection of human health; sediment targets based on the narrative standards of the Basin Plan, the Enclosed Bays and Estuaries Plan, Sediment Quality Objectives Part 1, and sediment quality guidelines compiled by the National Oceanic and Atmospheric Administration; and fish tissue targets based on Office of Environmental Health Hazard Assessment (OEHHA) Fish Contaminant Goals. Final load allocations (LAs) are assigned to direct atmospheric deposition and bed sediments. Final waste load allocations (WLAs) are assigned to stormwater discharges from municipal separate storm sewer systems, California Department of Transportation (Caltrans) facilities, and construction and industrial facilities, and other NPDES permitted discharges in both wet and dry weather. Dominguez Channel freshwater allocations are set for wet weather only because exceedances of water quality standards have only been documented in wet weather.
TMDL implementation will be carried out by assigned responsible parties for (1) Dominguez Channel, Torrance Lateral, and Dominguez Channel Estuary; (2) Greater Los Angeles and Long Beach Harbor waters (including Consolidated Slip); and (3) Los Angeles River and San Gabriel River as listed in detail in the Basin Plan, Table 7-40.1. Responsible parties can implement a variety of implementation strategies to meet the required WLAs and LAs by reducing sediment transport from the upstream and nearshore watersheds to Dominguez Channel and Greater Los Angeles and Long Beach Harbor waters, and implementing targeted actions addressing internal reservoirs of contaminants. Dischargers and responsible parties may implement structural and or non-structural BMPs and work collaboratively to achieve the numeric targets and allocations.
The TMDL requires responsible parties for the assigned WLAs and LAs to submit: monitoring plans (MP) and Implementation Plans (IP) and Contaminated Sediment Management Plans (CSMP) within twenty months (MP) and two years (IP and CSMP) after the effective date of the TMDL. Responsible agencies shall submit progress reports to provide updates on the status of implementation actions performed under the TMDL three years after the effective date of the TMDL and annually thereafter. The Los Angeles Water Board will reconsider targets, WLAs, and LAs six years after the effective date of the TMDL based on new policies, data or special studies. The implementation schedule for achieving applicable WLAs and LAs is 20 years after the effective date of the TMDL.
HISTORY
1. New section summarizing amendments to basin plan filed 3-21-2012; amendments approved by State Water Resources Control Board Resolution No. 2012-0008 on 2-7-2012; amendments approved by OAL pursuant to Government Code section 11353 on 3-21-2012 (Register 2012, No. 12).
Article 5. Central Valley Region
§3940. Revised Water Quality Control Plan for the Sacramento River and San Joaquin River Basins.
History
The revised Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, adopted 9 December 1994 by the Central Valley Regional Water Quality Control Board per Resolution No. 94-380 and approved by the State Water Resources Control Board 16 February 1995 per Resolution 95-12, modifies the regulatory provisions of the previous Water Quality Control Plan and its amendments as follows:
(a) Water Body Definitions: Adds definitions for “ground water” and “ground water basin.”
(b) Beneficial Use Categories and Definitions: Add definitions for “Aquaculture,” “Commercial and Sport Fishing,” “Estuarine Habitat,” “Marine Habitat,” and “Preservation of Biological Habitats of Special Significance”; Revise beneficial use category definitions previously incorporated: Municipal and Domestic Supply” (MUN); Agricultural Supply”, “Industrial Process Supply,” “Ground Water Recharge,” “Freshwater Replenishment,” “Navigation”, “Contract Water Recreation,” “Non-contact Water Recreation,” “Cold Freshwater Habitat,” “Warm Freshwater Habitat,” “Wildlife Habitat,” “Rare, Threatened, and Endangered Species,” “Migration of Aquatic Organisms,” and “Spawning, Reproduction, and/or Early Development.”
(c) Tributary Rule: Revise tributary rule to state that beneficial uses of a specifically identified waterbody generally applies to its tributary streams, but on a case-by-case basis the Regional Board may determine that a beneficial use designation does not apply to the entire body of water.
(d) Inland Surface Waters: (1) Revise chemical constituents objective, clarify that metal objectives are dissolved concentrations, and delete disapproved selenium objectives for San Joaquin River, Salt Slough, and Mud Slough; (2) Provide for “appropriate averaging periods” to determine compliance with pH objective, temperature objective, turbidity objective; (3) Revise radioactivity objective; (4) Revise Toxicity objective to clarify how Regional Board makes determinations when combinations of toxic chemicals are present; (5) Add turbidity objective for surface waters with natural turbidity less than 5 NTUs.
(e) Ground Waters: (1) Designate all ground waters, unless otherwise designated, as suitable or potentially suitable for municipal and domestic water supply (MUN), agricultural supply (AGR), industrial service supply (IND), and industrial process supply (PRO); (2) Add criteria for making exceptions to beneficial use designations of agricultural supply (AGR) or industrial supply (IND or PRO); (3) Revise chemical constituents objective; (4) Add narrative objective for toxicity.
(f) Wastewater Reuse Policy: Expand the existing “Disposal of Wastewater on Land Policy” to clarify implementation policy regarding State Water Board Resolution No. 77-1, “Statement of Policy with Respect to Water Reclamation in California.”
(g) Antidegradation: Add policy on implementation of State Water Board Resolution No. 68-16, “Statement of Policy with Respect to Maintaining High Quality of Water in California.”
(h) Water Quality Objectives: Add policy for application of water quality objectives to: clarify that objectives apply to all waters rather than at a point of compliance; clarify policy regarding designation of mixing zones; clarify that “background” represents an initial goal and describe how numerical limits are established in implementing a narrative water quality objective; and add method for determining when a combination of chemicals is assumed to present an unacceptable level of toxicological risk.
(i) Contaminated Sites: Add policy for investigation and cleanup of contaminated sites.
(j) Variances: Add authorization for short-term variances for vector and weed control, pest eradication, or fishery management.
HISTORY
1. New article 5 and section summarizing regulatory provisions filed 5-10-95; Basin Plan revisions as adopted by the Central Valley Regional Water Quality Control Board 12-9-94 per Resolution No. 94-380 and approved by the State Water Resources Control Board 2-16-95 per Resolution 95-12, approved by OAL and effective per Government Code section 11353 on 5-9-95 (Register 95, No. 19).
§3941. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins Specifically Authorizing Compliance Schedules in NPDES Permits for Achieving Water Quality Objectives or Effluent Limits Based on Objectives.
History
The amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins, as adopted May 26, 1995 by the Central Valley Regional Water Quality Control Board, modifies the regulatory provisions of the previous Water Quality Control Plan as follows:
Compliance Schedules--Specific authorization was added to allow compliance schedules in NPDES permits for achieving water quality objectives or effluent limits based on objectives. The amendment authorizes time schedules in NPDES permits only for water quality objects or criteria adopted after the effective date of the amendment.
HISTORY
1. New section summarizing amendment to plan filed 9-25-95; Basin Plan amendment adopted by the Central Valley Regional Water Quality Control Board 5-26-95 per Resolution 95-142 and approved by the State Water Resources Control Board 7-20-95 per Resolution 95-42; approved by OAL and effective 9-25-95 pursuant to Government Code section 11353 (Register 95, No. 39).
§3942. Revised Water Quality Control Plan for the Tulare Lake Basin.
History
The revised Water Quality Control Plan for the Tulare Lake Basin, adopted August 17, 1995 by the Central Valley Regional Water Quality Control Board per Resolution No. 95-208 and approved by the State Water Resources Control Board, November 16, 1995 per Resolution No. 95-86 modifies the regulatory provisions of the previous Water Quality Control Plan and its amendments as follows:
(a) Introduction: adds definitions for “ground water” and “ground water basin”; clarifies waste discharge types; clarifies description of point and nonpoint discharges; describes regulatory direction on agricultural drainage water and evaporation ponds.
(b) Existing and Potential Beneficial Uses:
(1) Specifies that defined beneficial uses do not include all possible uses of water;
(2) Adds definitions for “Migration of Aquatic Organisms,” “Preservation of Biological Habitats of Special Significance,” “Aquaculture,” and “Navigation”; revises “Fish Spawning” and “Warm Freshwater Habitat” and other beneficial use category definitions for statewide consistency;
(3) Clarifies policy on the applicability of the beneficial uses of a specifically identified water body to its tributary streams;
(4) Adds criteria for making exceptions to the beneficial use designations of Agricultural Supply and Industrial Supply;
(5) Adds surface water map dividing Tulare Lake Basin into hydrologic units: changes format of Table II-1 to reflect map.
(c) Water Quality Objectives:
(1) Clarifies how water quality objectives are to be achieved; provides for compliance within the shortest practicable time, not to exceed ten years, when immediate compliance is infeasible; explains policy for evaluating violations of water quality objectives formulated to preserve historic conditions;
(2) Inland Surface Waters:
(A) Adds narrative objective for unionized ammonia;
(B) Chemical Constituents: specifies that waters shall not contain concentrations that adversely affect beneficial uses; identifies information that will be considered to evaluate compliance; revises maximum numeric concentrations for water designated Municipal and Domestic Supply;
(C) Clarifies dissolved oxygen objective;
(D) Provides for use of averaging periods in determining compliance with objectives for pH, Temperature and Turbidity;
(E) Revises maximum numeric concentrations of pesticides and radioactivity for water designated Municipal and Domestic Supply;
(F) Specifies that Toxicity objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances; identifies information that will be considered to evaluate compliance;
(G) Changes method of determining Turbidity from Jackson Turbidity Units (JTU) to Nephelometric Turbidity Units (NTU).
(3) Ground Waters:
(A) Chemical Constituents: clarifies narrative objective; identifies information that will be considered to evaluate compliance; revises maximum numeric concentrations for water designated Municipal and Domestic Supply;
(B) Revises maximum numeric concentrations of pesticides and radioactivity for water designated Municipal and Domestic Supply.
(d) Implementation:
(1) Provides a regulatory approach for discharges of agricultural subsurface drainage to evaporation basins;
(2) Adds a monitoring program and minimum management practices to reduce drainage to the Lower Kings River;
(3) Clarifies that animal confinement and related areas shall not create a nuisance; adds a 5-foot minimum separation requirement between the invert of the wastewater pond and the highest anticipated elevation of underlying groundwater; adds monitoring requirements for waiver of waste discharge requirements;
(4) Clarifies goal regarding overdraft of ground water;
(5) Revises valleywide drain recommendation to include salts generated by municipal, industrial, and agricultural dischargers; establishes conditions for Regional Water Board Support;
(6) Clarifies that flush toilets and package, biological treatment systems at recreational areas must meet the requirements of a domestic wastewater treatment facility;
(7) Deletes provisions requiring counties, cities or water agencies to adopt standards for drilling and abandonment of water wells, cathodic protection wells, and monitoring wells;
(8) Provides that burned areas should be managed to minimize erosion of materials into streams;
(9) Provides that wastewater dischargers will be required to reclaim and reuse wastewater whenever reclamation is feasible;
(10) Provides that Regional Water Board will review alternatives when considering a ban on new septic tank systems and elimination of existing systems;
(11) Revises effluent limits for discharges to navigable waters and discharges to land;
(12) Revises conditions for temporary waiver of wastewater reclamation requirements if the project is consistent with the “Guidelines for Use of Reclaimed Water” developed by the Department of Health Services;
(13) Requires inclusion of plans for reclamation in all project reports for new or expanded wastewater facilities;
(14) Adds a policy statement encouraging small communities to consolidate when they have insufficient resources to treat their wastewater;
(15) Revises requirements for industrial wastewater; allows discharge of higher electrical conductivity if the total salt load is decreased or the higher electrical conductivity is due to high organic material; explains policy on industrial wastewater reuse;
(16) Clarifies operational procedures for land disposal of stillage waste from wineries;
(18) Adds nature of control actions to achieve water quality objectives;
(19) Adds a policy on implementation of State Water Resources Control Board “Antidegradation Policy,” Resolution No. 68-16, “Statement of Policy with Respect to Maintaining High Quality of Water in California”;
(20) Application of water quality objectives:
(A) Provides that objectives apply to all waters having designated beneficial uses, rather than at an intake, wellhead or other point of consumption;
(B) Provides for designation of mixing zones in connection with the issuance of NPDES and storm water permits;
(C) Clarifies that “background” represents an initial goal and describes how the numerical limits are established in implementing the narrative water quality objectives;
(D) Clarifies how appropriate numerical limits are determined where toxic pollutants exist together in water;
(E) Provides for schedules of compliance regarding NPDES permits;
(21) Add “Ground Water Cleanups” policy: specifies factors to be considered and criteria that must be satisfied to investigate discharges and establish cleanup levels on a case-by-case basis;
(22) Adds specific prohibition of dilution in lieu of treatment to meet waste discharge requirements except in water short areas where waste may be blended with fresh water for reuse;
(23) Prohibits discharge of oil or any residuary product of petroleum;
(24) Prohibits discharge of hazardous waste or chemicals known to the state to cause cancer;
(25) Clarifies requirements that will be imposed on a discharger to a water quality limited segment;
(26) Provides for variances from Basin Plan provisions to implement control measures for vector and weed control, pest eradication, or fishery management conducted to fulfill statutory requirements.
HISTORY
1. New section filed 2-27-96; operative 2-27-96 pursuant to Government Code section 11353 (Register 96, No. 9).
2. Editorial correction (Register 97, No. 2).
§3943. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Agricultural Subsurface Drainage Discharges.
History
The Central Valley Regional Water Quality Control Board adopted Resolution Number 96-147 on May 3, 1996 and revised under Resolution Number R5-2010-0046 and Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Agricultural Subsurface Drainage Discharges. The amendment and its revisions to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins modifies the regulatory provisions of the previous Water Quality Control Plan as follows:
1. Surface Water Beneficial Uses -- Beneficial Uses were added to Mud Slough (north), Salt Slough and listed wetland supply channels, including a “Limited Beneficial Use” for Mud Slough (north) and the wetland supply channels.
2. Water Quality Objective for Selenium -- A Water Quality Objective for selenium and schedule of compliance has been added and the schedule has been revised for Mud Slough (north) and the San Joaquin River. The revision includes a new interim performance goal. A selenium Water Quality Objective has also been added for Salt Slough and listed water supply channels in the Grasslands watershed.
3. Agricultural Discharge Prohibitions -- The discharge of agricultural subsurface drainage from the Grasslands Watershed to the San Joaquin River is prohibited unless such discharge began prior to the effective date of this amendment, or is regulated by Waste Discharge Requirements. Selenium discharge from the Grasslands Watershed to the San Joaquin River is prohibited in amounts exceeding 8,000 lbs/yr, and is prohibited in Mud Slough (north) and the San Joaquin River from the Mud Slough confluence to the Merced River after December 31, 2019 unless Water Quality Objectives for selenium are being met. The discharge of agricultural subsurface drainage to the San Joaquin River from Sack Dam to Mud Slough (north) is prohibited after October 1, 2010 unless Water Quality Objectives for selenium are being met. The discharge of agricultural subsurface drainage water to Salt Slough and the wetland water supply channels is prohibited unless Water Quality Objectives for selenium are being met. The prohibition becomes effective immediately upon Board determination that timely and adequate mitigation, as outlined in the 2010-2019 Agreement for Continued Use of the San Luis Drain has not been provided.
4. Control Actions -- Performance goals and effluent limits established in Waste Discharge Requirements will be used to measure progress toward achievement of Water Quality Objectives for selenium.
HISTORY
1. New section summarizing amendments to Basin Plan filed 1-10-97; Basin Plan amendment adopted by the Central Valley Regional Water Quality Control Board 5-3-96 per Resolution No. 96-147 and approved by the State Water Resources Control Board 9-19-96 per Resolution No. 96-078, approved by OAL and effective per Government Code section 11353 on 1-10-97 (Register 97, No. 2).
2. Amendment of section summarizing amendments to Basin Plan filed 12-15-2010; amendment approved by State Water Resources Control Board Resolution No. 2010-0046 on 10-5-2010; amendment approved by OAL on 12-15-2010 pursuant to Government Code section 11353 (Register 2010, No. 51).
§3944. Site Specific pH and Turbidity Objectives for Deer Creek in El Dorado and Sacramento Counties.
History
Regional Board Resolution No. R5-2002-0127, adopted on July 19 2002 by the Central Valley Regional Water Quality Control Board (CVRWQCB), amended Chapter 3, Water Quality Objectives by establishing the following site-specific pH and turbidity objectives for Deer Creek in El Dorado and Sacramento Counties:
The pH of the receiving water shall not be depressed below 6.5 nor raised above 8.5.
When the dilution ratio for discharges is less than 20:1 and where natural turbidity is less than 1 Nephelometric Turbidity Unit (NTU), discharges shall not cause the receiving water daily average turbidity to exceed 2 NTUs or daily maximum turbidity to exceed 5 NTUs. Where natural turbidity is between 1 and 5 NTUs, discharges shall not cause receiving water daily average turbidity to increase more than 1 NTU or daily maximum turbidity to exceed 5 NTUs. Where discharge dilution ratio is 20:1 or greater, or where natural turbidity is greater than 5 NTUs, the general turbidity objectives shall apply.
HISTORY
1. New section summarizing amendments to Water Quality Control Plan filed 8-14-2003; Water Quality Control Plan amendment adopted by the Central Valley Regional Water Quality Control Board 7-19-2002 per Resolution No. R5-2002-0127, approved by OAL and effective per Government Code section 11353 on 8-14-2003 (Register 2003, No. 33).
§3944.1. Site Specific Objectives for Temperature for Deer Creek in El Dorado and Sacramento Counties.
History
Regional Board Resolution No. R5-2003-0006, adopted by the Central Valley Regional Water Quality Control Board on January 31, 2003, modified the regulatory provisions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins by (1) adding text to Chapter III (Water Quality Objectives) establishing site-specific objectives for temperature for Deer Creek in El Dorado and Sacramento Counties, and by (2) adding text to Chapter V (Surveillance and Monitoring) requiring a special study of temperature, flow, and biota on Deer Creek to be conducted by the El Dorado Irrigation District to evaluate compliance with the site-specific temperature objectives and their effect on beneficial uses. The site-specific temperature objectives are currently being attained and are specified by calendar month as a daily maximum and monthly average not to be exceeded.
HISTORY
1. New section summarizing amendments to Basin Plan filed 3-11-2005; amendments adopted by the Central Valley Regional Water Quality Control Board 1-31-2003 by Resolution No. R5-2003-0006; approved by the State Water Resources Control Board on 2-19-2004 per Resolution No. 2004-0008; approved by OAL 3-11-2005 pursuant to Government Code section 11353 (Register 2005, No. 10).
§3944.2. Revision to Site-Specific Objectives for Temperature for Deer Creek in El Dorado and Sacramento Counties.
History
On September 16, 2005, the Central Valley Regional Water Quality Control Board adopted Resolution No. R5-2005-0119, thereby modifying an amendment to the Water Quality Control Plan for the Sacramento and San Joaquin River Basins (Basin Plan) (previously adopted under Resolution No. R5-2003-0006) that established site-specific objectives for temperature for Deer Creek, located in El Dorado and Sacramento Counties. Resolution No. R5-2005-0119 changed the word “discharges” to the words “controllable factors” in the following sentence located in Chapter 3 of the Basin Plan: “For Deer Creek, source to Cosumnes River, temperature changes due to discharges controllable factors shall not cause creek temperatures to exceed the objectives specific in Table III-4A.”
HISTORY
1. New section summarizing amendment to basin plan filed 3-28-2006; amendment approved by the State Water Resources Control Board Resolution No. 2006-0003 on 1-4-2006; amendment approved by OAL pursuant to Government Code section 11353 on 3-28-2006 (Register 2006, No. 13).
§3945. Program for Control of Mercury in Clear Lake.
History
Regional Board Resolution No. R5-2002-0297, adopted on December 6, 2002, by the Central Valley Regional Water Quality Control Board, modifies the regulatory provisions of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins by establishing a program for the control of mercury in Clear Lake. The modifications included:
1. Surface Water Beneficial Uses -- The commercial and sport fishing beneficial use designation was added to Clear Lake.
2. Water Quality Objective for Methylmercury -- A Water Quality Objective expressed as methylmercury concentration in fish tissue was added for Clear Lake. Methylmercury concentrations are not to exceed 0.09 mg/kg in trophic level 3 fish and 0.19 mg/kg in trophic level 4 fish.
3. Implementation Plan to Reduce Mercury -- The implementation plan to reduce mercury levels in lake sediment and fish tissue includes a requirement to reduce mercury loads from the Sulphur Bank Mercury Mine by 95%, reduce lake sediment mercury concentrations by 70%, and reduce mercury loads from tributary creeks by 20%. Implementation of detailed remediation plans is required within ten years.
4. Monitoring Program -- A monitoring and surveillance program includes criteria for determining compliance with the fish tissue objective. The program requires mercury monitoring in water, sediment, and fish tissue and specifies monitoring frequencies.
HISTORY
1. New section summarizing amendments to Basin Plan filed 7-15-2003; Basin Plan amendment adopted by the Central Valley Regional Water Quality Control Board 12-6-2002 per Resolution No. R5-2002-0207 and approved by the State Water Resources Control Board 5-21-2003 per Resolution 2003-0040, approved by OAL and effective per Government Code section 11353 on 7-15-2003 (Register 2003, No. 29).
§3945.1. Program for Control of Mercury in Cache Creek, Bear Creek, Sulphur Creek, and Harley Gulch.
History
The amendment establishes water quality objectives for average methylmercury concentrations of 0.12 and 0.23 milligram per kilogram (mg/kg), wet weight, respectively, in large, trophic level 3 and 4 fish in Cache Creek (Clear Lake to Yolo Bypass), North Fork Cache Creek, and Bear Creek. It also establishes the average methylmercury concentration of 0.05 mg/kg, wet weight, in whole, trophic level 2 and 3 fish in Harley Gulch.
The amendment also requires monitoring of fish tissue, water, and sediment to determine compliance with the methylmercury fish tissue objectives and verify implementation of mercury controls.
The amendment adds the commercial and sport fishing (COMM) beneficial use to Cache Creek from Clear Lake to Yolo Bypass and in the following tributaries only: North Fork Cache Creek and Bear Creek.
The amendment establishes the following implementation provisions:
1. Establishes annual average methylmercury (unfiltered) aqueous goals for evaluating achievement of load allocations.
2. Establishes load allocations of methylmercury from nonpoint sources by watershed.
3. Requires 95 percent total mercury load reduction from inactive mines.
4. Requires mine owners to submit cleanup plans for mines and downstream wetlands and complete remedial activities by 2011 and to develop creek sediment cleanup plans thereafter.
5. Requires the U.S. Bureau of Land Management to evaluate engineering options to control erosion at the bottom of Harley Gulch and to clean up the sediment, if feasible projects are identified.
6. Requires that road construction projects or maintenance activities of the California Department of Transportation (Caltrans) comply with Caltrans' statewide Storm Water Management Plan and implement best management practices to control erosion, including pre-project assessments to identify areas with enriched mercury and descriptions of additional management practices that will be implemented in these areas.
7. Requires non-Caltrans road departments to control erosion and submit information describing the management practices that will be implemented to control erosion.
8. Requires landowners and project proponents to control erosion, minimize discharges of mercury and methylmercury, and submit erosion control plans for changes in land use or new projects that are expect to increase mercury or methylmercury discharges.
9. Requires new impoundments, reservoirs, ponds, and wetlands to be constructed and operated to preclude an increase in methylmercury concentrations in Cache Creek, Bear Creek, Harley Gulch, and Sulphur Creek.
10. Requires the California Department of Parks and Recreation to evaluate potential management practices to reduce methylmercury loads from Anderson Marsh.
11. Requires owners of the Wilbur Hot Springs resort to not increase mercury or methylmercury loads.
12. Requires Central Valley Water Board review every five years.
HISTORY
1. New section summarizing amendments to basin plan filed 10-17-2006; amendment approved by State Water Resources Control Board Resolution No. 2006-0054 on 7-19-2006; amendments approved by OAL pursuant to Government Code section 11353 on 10-17-2006 (Register 2006, No. 42)
§3945.2. Program for Control of Methylmercury and Total Mercury in the Sacramento-San Joaquin Delta Estuary.
History
The amendment establishes water quality objectives for average methylmercury concentrations in large (150-500 mm total length), trophic level 3 and 4 fish, in waterways within the legal boundary of the Sacramento-San Joaquin Delta Estuary (Delta) and the Yolo Bypass within and upstream of the legal Delta boundary. It also establishes a water quality objective for the average methylmercury concentration in whole fish less than 50 mm in length.
The amendment adds the commercial and sport fishing (COMM) beneficial use to waterways within the legal Delta boundary and Yolo Bypass.
The amendment establishes a control program for methylmercury and total mercury discharges in the Delta and Yolo Bypass, including assimilative capacity and load and wasteload allocations for nonpoint and point sources, respectively. The amendment also includes a program of implementation and compliance schedule and a surveillance and monitoring program.
The amendment establishes the following implementation provisions:
1. Establishes load allocations for methylmercury from tributary inputs and nonpoint sources (including wetlands, open water, and irrigated agriculture) within the Delta and Yolo Bypass, and wasteload allocations for methylmercury from point sources (including wastewater treatment plants and urban runoff) within the Delta and Yolo Bypass.
2. Requires methylmercury load and waste load allocations to be met as soon as possible, but no later than 2030, unless the Central Valley Water Board modifies the implementation schedule and final compliance date.
3. Implements the control program through a phased approach. Phase 1 spans 9 years with activities including:
a. Requiring point and nonpoint sources to conduct studies to develop and evaluate methylmercury management practices, including potential costs and environmental effects, and submit results for Central Valley Water Board review at end of Phase 1;
b. Requiring point sources to implement pollution minimization programs and meet interim mass limits for inorganic (total) mercury;
c. Reducing total mercury loading to San Francisco Bay, as required by the Water Quality Control Plan for the San Francisco Bay Basin;
d. Developing upstream mercury control programs for major tributaries;
e. Developing and implementing a mercury exposure reduction program to protect humans; and
f. Developing a mercury offset program.
4. Requires proponents of new wetland restoration projects to participate in Phase 1 methylmercury control studies and implement methylmercury controls identified in the Phase 1 studies.
5. Requires Delta NPDES-permitted municipal separate storm sewer system dischargers to implement best management practices (BMPs) to control erosion and sediment discharges.
6. Requires that dredging and dredge material reuse activities minimize methylmercury and mercury discharges to Delta waterways.
7. Requires agencies responsible for the Cache Creek Settling Basin to develop a plan to reduce loads of total mercury exported from the basin.
8. Requires Central Valley Water Board staff to report to the Board the progress of upstream mercury program development.
9. Requires the Central Valley Water Board to review the Delta mercury control program at the end of Phase 1.
10. Establishes a start date for Phase 2, by which the implementation of methylmercury management practices must commence. Compliance monitoring and implementation of upstream control programs will also occur in Phase 2.
HISTORY
1. New section summarizing amendment to basin plan filed 9-15-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0028 on 6-21-2011; approved by OAL 9-15-2011 pursuant to Government Code section 11353 (Register 2011, No. 37).
§3946. Updating Language and Editorial Corrections in the Water Quality Control Plans for the Sacramento-San Joaquin River Basins and for the Tulare Lake Basin.
History
Amendment updates descriptions and references and makes minor corrections to the Basin Plan text.
HISTORY
1. New section summarizing amendments to basin plans filed 11-6-2003; basin plan amendments adopted by the Central Valley Regional Water Quality Control Board 9-6-2002 per Resolution No. R5-2002-0151 and 10-17-2002 per Resolution No. R5-2002-0151, as clarified and modified by Regional Board Executive Officer memorandum dated July 23, 2003, approved by the State Water Resources Control Board 9-16-2003 per Resolution 2003-0059, approved by OAL and effective per Government Code section 11353 on 11-6-2003 (Register 2003, No. 45).
§3947. Program to Control the Discharge of Diazinon and Chlorpyriphos into the Sacramento and Feather Rivers.
History
The Central Valley Regional Water Quality Control Board adopted Resolution number R5-2003-0148 on October 16, 2003 and Revised under Resolution number R5-2007-0034 a Program to Control the Discharge of Diazinon and Chlorpyriphos into the Sacramento and Feather Rivers. The Amendment and its revisions incorporate the following provisions into the Central Valley Regional Water Quality Control Board's (Regional Board's) Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan):
Water Quality Objectives
Revises maximum diazinon concentration (1-hour average and 4-day average) in the Sacramento and Feather Rivers not to be exceeded more than once every three years on the average.
Establishes a maximum chlorpyriphos concentration (1-hour average and 4 day average) in the Sacramento and Feather Rivers not to be exceeded more than once every three years.
Establishes wasteload and load allocations for diazinon and chlorpyriphos.
Revises Implementation Provisions for Discharge into the Sacramento and Feather Rivers to include diazinon and chlorpyriphos. Requires compliance with diazinon and chlorpyriphos water quality objectives, wasteload and load allocation by the date of U.S. Environmental Protection Agency approval.
1. Requires Regional Board review of the allocations and implementation provisions by June 30, 2013 and every five years thereafter.
2. States that the Regional Board will require any additional reductions in Diazinon and chlorpyriphos necessary to account for additive or synergistic effects or protect tributary waters.
3. Requires the submission of a management plan to the Regional Board that describes the actions to be taken by diazinon dischargers to meet the allocations and objectives.
4. Requires any waiver of waste discharge requirements to be consistent with the provisions of the implementation program.
5. Includes estimates of the cost of the program for agriculture.
Contains requirements for a monitoring and reporting program associated with any waiver of waste discharge requirements or waste discharge requirements that addresses pesticide runoff in the Sacramento Valley.
HISTORY
1. New section summarizing amendments to Basin Plan filed 6-9-2004; amendments adopted by the Central Valley Regional Water Quality Control Board 10-16-2003 by Resolution No. R5-2003-0148. Approved by the State Water Resources Control Board 4-22-2004 by Resolution No. 2004-0022; approved by OAL 6-8-2004 pursuant to Government Code section 11353 (Register 2004, No. 24).
2. Amendment of section heading and section summarizing changes to Basin Plan filed 5-12-2008; amendments adopted by the Central Valley Regional Water Quality Control Board 5-3-2007 by Resolution No. R5-2007-0034. Approved by State Water Resources Control Board 2-19-2008 by Resolution No. 2008-0013; amendment approved by OAL 5-12-2008 pursuant to Government Code section 11353 (Register 2008, No. 20).
§3948. Dedesignating Four Beneficial Uses of Old Alamo Creek, Solano County.
History
Regional Board Resolution No. R5-2005-0053, adopted by the Central Valley Regional Water Quality Control Board on April 28, 2005, modified the regulatory provisions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins by dedesignating four beneficial uses (municipal and domestic supply, cold freshwater habitat, spawning, reproduction, and early development of fish, and migration of aquatic organisms) of Old Alamo Creek in Solano County.
HISTORY
1. New section summarizing amendment to basin plan filed 4-25-2006; amendment approved by the State Water Resources Control Board Resolution No. 2006-0009 on 2-1-2006; amendment approved by OAL pursuant to Government Code section 11353 on 4-25-2006 (Register 2006, No. 17).
§3949. Program for Control of Diazinon and Chlorpyrifos Runoff into the Lower San Joaquin River.
History
On October 21, 2005, the Central Valley Water Board adopted Resolution No. 2005-0138. The Amendment incorporates the following provisions into the Central Valley Regional Water Quality Control Board's (Regional Board's) Water Quality Control Plan for the Sacramento River and San Joaquin River Basins (Basin Plan):
Water Quality Objectives
A maximum chlorpyrifos concentration of 0.025 micrograms per liter (mg/L) (1-hour average) and 0.015 mg/L (4-day average) and a maximum diazinon concentration of 0.16 micrograms per liter (mg/L) (1-hour average) and 0.10 mg/L (4-day average) in the San Joaquin River from Mendota Dam to Vernalis not to be exceeded more than once in a three year period.
Implementation Provisions for Discharge into the San Joaquin River.
1. After December 1, 2010, the discharge of diazinon or chlorpyrifos is prohibited during dormant and irrigation seasons if there was any exceedence of diazinon and/or chlorpyrifos water quality objectives in the previous season. The prohibitions do not apply if the discharge is subject to a waiver of waste discharge or waste discharge requirement.
2. Requires dischargers to consider whether an alternative to diazinon or chlorpyrifos would degrade ground or surface water.
3. Requires compliance by December 1, 2010.
4. Requires Regional Water Board review of the allocations and implementation provisions by December 31, 2009 and every five years thereafter.
5. Establishes the wasteload allocations for National Pollutant Discharge Elimination System-permitted sources, load allocations for nonpoint source discharges, and the Loading Capacity of the San Joaquin River from the Mendota Dam to Vernalis as defined below:
Embedded Graphic 23.0072
where
CD = diazinon concentration in mg/L of point source discharge for the WLA; nonpoint source discharge for the LA; or San Joaquin River for the LC.
CC = chlorpyrifos concentration in mg/L of point source discharge for the WLA; nonpoint source discharge for the LA; or San Joaquin River for the LC.
WQOD = acute or chronic diazinon water quality objective in mg/L.
WQOC = acute or chronic chlorpyrifos water quality objective in mg/L.
6. States that the Regional Water Board will require any additional reductions in diazinon and chlorpyrifos necessary to account for additive or synergistic effects or protect tributary waters.
7. Requires dischargers to submit management plans to the Regional Water Board.
8. Requires any waiver of waste discharge requirements to be consistent with the provisions of the implementation program.
9. Includes estimates of the cost of the program for agriculture.
Monitoring
Requires a monitoring and reporting program to determine:
1. Compliance with diazinon and chlorpyrifos water quality objectives and loading capacity.
2. Compliance with load allocations.
3. Degree of implementation and effectiveness of management practices and strategies to reduce off-site migration of diazinon and chlorpyrifos.
5. Degradation of surface water quality from alternatives to diazinon and chlorpyrifos.
6. Additive or synergistic effects of multiple pollutants
7. Management practices are achieving the lowest pesticide levels technically and economically achievable.
HISTORY
1. New section summarizing amendment of basin plan filed 6-30-2006; amendment approved by State Water Resources Control Board Resolution No. 2006-0025 on 5-2-2006; amendment approved by OAL pursuant to Government Code section 11353 on 6-30-2006 (Register 2006, No. 26).
§3949.1. Amendments to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Salt and Boron Discharges into the Lower San Joaquin River.
History
The Amendments:
1. Defines the location of the Lower San Joaquin River (LSJR) Watershed, which is the area that the salinity control program applies to.
2. Defines, for the purposes of this control program:
a. Nonpoint source land uses as all irrigated lands.
b. Nonpoint source discharges as discharges from irrigated lands.
c. Irrigated lands as lands where water is applied for producing crops and includes, but is not limited to, land planted to row, field and tree crops as well as commercial nurseries, nursery stock production, managed wetlands, and rice production.
3. Requires dischargers of irrigation return flows from irrigated lands to comply with one of the following conditions:
a. Cease discharge to surface water
b. Discharge does not exceed 315&lcmu;S/cm electrical conductivity (based on a 30-day running average)
c. Operate under waste discharge requirements that include effluent limits for salt
d. Operate under a waiver of waste discharge requirements for salt and boron discharges to the LSJR
4. Establishes salinity base load allocations and real-time load allocations for nonpoint source dischargers. Base load allocations are fixed and real time load allocations are based on the available loading capacity minus a margin of safety.
5. Establishes a method for apportioning load allocations among nonpoint source dischargers.
6. Establishes salinity waste load allocations for National Pollutant Discharge Elimination System (NPDES) permitted sources equal to the existing salinity water quality objectives for the San Joaquin River at the Airport Way Bridge near Vernalis.
7. Establishes supply water load allocations for salts in irrigation water imported to the LSJR Watershed from the Sacramento/San Joaquin River Delta.
8. Requires compliance with load allocations within eight to 20 years from the effective date of the control program (depending on the location of the discharge, threat to water quality, and water year type).
9. Requires existing NPDES dischargers to comply with waste load allocations within 20 years from the effective date of the control program for critically dry water years and 16 years from the effective date of the control program for all other water year types.
10. Requires new NPDES permitted dischargers to comply with waste load allocations upon commencement of their discharge.
11. Requires the Regional Board to review and update the load allocations and waste load allocations every six years from effective date of this control program.
12. Requires the Regional Board to incorporate load allocations and/or conditions of program compliance into waste discharge requirements and/or waiver of waste discharge requirements within two years from the effective date of this control program.
HISTORY
1. New section summarizing amendment to basin plan filed 7-21-2006; amendment approved by State Water Resources Control Board Resolution No. 2005-0087 on 11-16-2005; amendment approved by OAL pursuant to Government Code section 11353 on 7-21-2006 (Register 2006, No. 29).
§3949.2. Program to Control Dissolved Oxygen in the Stockton Deep Water Ship Channel.
History
Resolution No. R5-2005-0005, adopted by the Central Valley Regional Water Quality Control Board (Central Valley Water Board) on January 27, 2005, modified the regulatory provisions of the Water Quality Control Plan for the Sacramento and San Joaquin River Basins by incorporating a program for the control of factors contributing to the dissolved oxygen impairment in the Stockton Deep Water Ship Channel (DWSC). Impairment is defined in terms of excess net oxygen demand (ENOD) and responsibility for reducing ENOD is apportioned to the entities responsible for three factors that contribute to the impairment (low flow, increased channel geometry, and loads of oxygen demanding substances and their precursors (ODS)).
The program includes a Total Maximum Daily Load that allocates percent of relative responsibility for the ENOD to the point source and nonpoint source discharges that contribute ODS to the DWSC: 30 percent for a waste load allocation for the City of Stockton Regional Wastewater Control Facility; 60 percent for a load allocation for nonpoint sources (defined as discharges from irrigated lands); and 10 percent as a reserve for impacts from unknown sources and/or minor sources. An explicit margin of safety of 20 percent is incorporated. The Central Valley Water Board has committed to reviewing and updating the load allocations, waste load allocations, and prohibitions (mentioned below) by December 2009.
Entities responsible for sources of ODS are required to perform studies by December 2008 that identify and quantify: 1) sources of ODS in the source area; 2) growth or degradation mechanisms of ODS in transit to the DWSC; and 3) the impact of ODS on dissolved oxygen concentrations in the DWSC under a range of environmental conditions. Within 60 days from the effective date of this amendment, responsible entities must submit a study plan for the Central Valley Water Board describing how ongoing studies and future studies will address information needs.
Upon the effective date of this amendment, any increases in the discharge of ODS into waters tributary to the DWSC is prohibited unless the discharge is regulated by a waiver of waste discharge requirements, or individual or general waste discharge requirements or National Pollution Discharge Elimination System (NPDES) permits, which either implement the amendment or include a finding that the discharge will have no reasonable potential to cause or contribute to the dissolved oxygen impairment in the DWSC.
After December 31, 2011, the discharge of ODS into waters tributary to the DWSC is prohibited when net daily flow in the DWSC is less than 3,000 cubic feet per second, unless dissolved oxygen objectives in the DWSC are being met or the discharge is regulated by a waiver of waste discharge requirements, or individual or general waste discharge requirements or National Pollution Discharge Elimination System (NPDES) permits, which either implement the amendment; or include a finding that the discharge will have no reasonable potential to cause or contribute to the dissolved oxygen impairment in the DWSC.
The United States Army Corps of Engineers must submit by December 31, 2006 a technical report identifying and quantifying: 1) the chemical, biological, and physical mechanisms by which loads of substances into, or generated within the DWSC, are converted to oxygen demand; and 2) the impact that the Stockton Deep Water Ship Channel has on re-aeration and other mechanisms that affect dissolved oxygen concentrations in the water column.
Any project that requires a Clean Water Act Section 401 Water Quality Certification and that has the potential to impact dissolved oxygen conditions in the DWSC must evaluate and fully mitigate those impacts. The Central Valley Water Board may consider alternate measures, as opposed to direct control, of certain contributing factors if these measures adequately address the impact on the dissolved oxygen impairment and do not degrade water quality in any other way. Compliance with waste load allocations and load allocations for ODS, and development of alternate measures to address non-load related factors must be achieved by December 31, 2011.
HISTORY
1. New section summarizing amendment of Basin Plan filed 8-4-2006; amendment approved by State Water Resources Control Board Resolution No. 2006-0086 11-16-2005; amendment approved by OAL pursuant to Government Code section 11353 8-4-2006 (Register 2006, No. 31).
§3949.3. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Nutrients in Clear Lake.
History
Resolution No. R5-2006-0060, adopted on June 23, 2006 by the Central Valley Regional Water Quality Control Board amended the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins to establish a program for the control of nutrients in Clear Lake. This resolution was approved by the State Water Resources Control Board on April 3, 2007 under Resolution No. 2007-0012.
The amendment establishes a Total Maximum Daily Load and implementation program for the control of nutrients in Clear Lake. It includes wasteload allocations for the stormwater dischargers and load allocations for County of Lake, the U.S. Bureau of Land Management, the U.S. Forest Service, and irrigated agriculture. Waste discharge requirements and waivers will be used to implement phosphorus control practices. The Responsible Parties are required to conduct studies on whether the practices achieve compliance with the Basin Plan objectives.
HISTORY
1. New section summarizing amendment to basin plan filed 6-19-2007; amendment adopted by the Central Valley Regional Water Quality Control Board 6-23-2006 (Resolution No. R5-2006-0060) and approved by the State Water Resources Control Board 4-3-2007 (Resolution No. 2007-0012); approved by OAL 6-19-2007, pursuant to Government Code section 11353 (Register 2007, No. 25).
§3949.4. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Diazinon and Chlorpyrifos Runoff into the Sacramento--San Joaquin Delta.
History
On June 23, 2006, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Resolution No. R5-2006-0061, and on May 22, 2007, it was approved by the State Water Resources Control Board. This amendment incorporates the following provisions into the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins.
Water Quality Objectives
This amendment establishes a maximum chlorpyrifos concentration of 0.025 micrograms per liter (1-hour average) and 0.015 micrograms per liter (4-day average) and a maximum diazinon concentration of 0.16 micrograms per liter (1-hour average) and 0.10 micrograms per liter (4-day average) that are not to be exceeded more than once in a three-year period. These objectives apply to 146 named Delta waterways within the legal boundaries of the Delta as described in section 12220 of the California Water Code.
Implementation Provisions for Discharge into the Delta Waterways
This amendment:
1. Prohibits, beginning December 1, 2011, the discharge of diazinon or chlorpyrifos into Delta waterways during the dormant or irrigation season if there was any exceedance of the chlorpyrifos or diazinon water quality objectives or loading capacity during the previous season. These prohibitions do not apply if the discharge is subject to a waiver of waste discharge requirements or waste discharge requirements. These prohibitions apply only to dischargers causing or contributing to the exceedance of the water quality objective or loading capacity.
2. Requires dischargers to consider whether an alternative to diazinon or chlorpyrifos would degrade ground or surface water.
3. Requires compliance by December 1, 2011.
4. Requires Central Valley Water Board review of the allocation and implementation provisions by December 31, 2010 and every five years thereafter.
5. Establishes the waste load allocations for all National Pollutant Discharge Elimination System-permitted point source discharges, load allocations for nonpoint source discharges, and the loading capacity of each of the Sacramento-San Joaquin Delta waterways as defined below:
S = [C(d) / WQO(d)] + [C(c) / WQO(c)] <= 1.0
Where:
S = the sum.
C(d) = diazinon concentration in mcg/L of point source discharge for the waste load allocations; nonpoint source discharge for the load allocations; or a Delta waterway for the loading capacity (LC).
C(c) = chlorpyrifos concentration in mcg/L of point source discharge for the waste load allocations; nonpoint source discharge for the load allocations; or a Delta waterway for the LC.
WQO(d) = acute or chronic diazinon water quality objective in micrograms per liter.
WQO(c) = acute or chronic chlorpyrifos water quality objective in micrograms per liter.
6. States that the Central Valley Water Board will require any additional reductions in diazinon and chlorpyrifos necessary to account for additive or synergistic effects to protect tributary waters.
7. Requires dischargers to submit management plans.
8. Requires any waiver of waste discharge requirements or waste discharge requirements to be consistent with the provisions of the implementation program.
9. Includes estimates of the cost of the program for agriculture.
Monitoring
This amendment requires a monitoring and reporting program for pesticide discharges to determine:
1. Compliance with diazinon and chlorpyrifos water quality objectives, loading capacity and load allocations;
2. Degree of implementation and effectiveness of management practices to reduce off-site movement of diazinon and chlorpyrifos;
3. Surface water quality impacts of alternatives to diazinon and chlorpyrifos;
4. If the pesticide discharges contribute to additive or synergistic effects of multiple pollutants; and
5. If management practices are achieving the lowest pesticide levels technically and economically achievable.
HISTORY
1. New section summarizing amendments to basin plan filed 8-9-2007; amendments approved by State Water Resources Control Board Resolution No. 2007-0028 on 5-22-2007; amendments approved by OAL pursuant to Government Code section 11353 on 8-9-2007 (Register 2007, No. 32).
§3949.5. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins to Determine That Certain Beneficial Uses Are Not Applicable and Establish Water Quality Objectives for Mercury in Sulphur Creek, Colusa County.
History
On March 16, 2007, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted Resolution No. R5-2007-0021, amending the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins to modify beneficial uses of and establish water quality objectives for mercury in Sulphur Creek. The State Water Resources Control Board (State Water Board) approved the amendment under Resolution No. 2008-0015, on March 18, 2008.
HISTORY
1. New section summarizing amendments to basin plan filed 6-27-2008; amendments approved by the State Water Resources Control Board Resolution No. 2008-0015 on 3-18-2008; amendments approved by OAL pursuant to Government Code section 11353 on 6-27-2008 (Register 2008, No. 26).
§3949.6. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins to Revise Water Quality Objectives for pH and Turbidity.
History
The Water Quality Control Plan was amended to delete the parts of the pH objective that limit the change in pH to 0.5 units and the allowance of averaging periods for pH. The amendment also limits turbidity to no more than two Nephelometric Turbidity Units (NTUs) when the natural turbidity is less than one NTU.
HISTORY
1. New section summarizing amendments to basin plan filed 12-1-2008; amendments approved by the State Water Resources Control Board Resolution No. 2008-0061 on 9-2-2008; amendments approved by OAL pursuant to Government Code section 11353 on 12-1-2008 (Register 2008, No. 49).
§3949.7. Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins Correcting Editing Errors and Updating Language.
History
On August 13, 2009, the Central Valley Regional Water Quality Control Board adopted Resolution No. R5-2009-0069, amending the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins. The resolution was approved by the State Water Resources Control Board on December 14, 2010, under State Board Resolution No. 2010-0063.
This amendment corrects an error in the beneficial uses of Marsh Creek and the Marsh Creek Reservoir that was introduced during the drafting of the third edition of the Basin Plan, and an error in the water quality objectives for boron that was introduced during the drafting of the fourth edition of the Basin Plan. The amendment also integrates the following into the Basin Plan: the State Water Board's Water Quality Enforcement Policy, the Nonpoint Source Implementation and Enforcement Policy, and the Compliance Schedule Policy. Finally, the amendment updates the references in the Basin Plan to the State Water Board's Water Quality Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, revises the waiver portion of the Basin Plan to be consistent with the current Water Code, and makes other non-substantive editorial and grammatical updates.
HISTORY
1. New section summarizing amendment to basin plan filed 3-17-2011; amendment approved by State Water Resources Control Board Resolution No. 2010-0063 on 12-14-2010; amendment approved by OAL pursuant to Government Code section 11353 on 3-17-2011 (Register 2011, No. 11).
§3949.8. Site-Specific Water Quality Objectives for Chloroform, Chlorodibromomethane, and Dichlorobromomethane for New Alamo and Ulatis Creeks.
History
Central Valley Regional Water Quality Control Board Resolution No. R5-2010-0047, adopted on May 27, 2010, modified the regulatory provisions of the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins.
The amendment established site-specific water quality objectives for Chloroform, Chlorodibromomethane, and Dichlorobromomethane for New Alamo and Ulatis Creeks. The amendments also include National Pollutant Discharge Elimination System implementation provisions for point source discharges of Chloroform, Chlorodibromomethane, and Dichlorobromomethane to Old Alamo Creek, a tributary to New Alamo Creek and Ulatis Creek.
HISTORY
1. New section summarizing amendments to Basin Plan filed 11-3-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0036 8-16-2011; approved by OAL 11-3-2011 pursuant to Government Code section 11353 (Register 2011, No. 44).
Article 6. Lahontan Region
§3950. Revised Water Quality Control Plan for the Lahontan Region.
History
The revised Water Quality Control Plan for the Lahontan Basin, as adopted on September 9, 1993 and subsequently amended on October 14, 1994, by the Lahontan Regional Water Quality Control Board includes the regulatory provisions summarized below:
(a) Beneficial Use Definitions: (1) defines “Aquaculture,” “Preservation of Biological Habitats of Special Significance,” “Commercial and Sportfishing,” “Flood Peak Attenuation/Flood Water Storage,” “Migration of Aquatic Organisms,” “Navigation,” “Industrial Process Supply,” “Spawning, Reproduction, and Development,” and “Water Quality Enhancement”; (2) revises existing beneficial use definitions for statewide consistency;
(b) Water Body Class Modifier Definitions: defines “marsh,” “emergent wetlands,” “wet meadow,” “playa lakes/wetlands,” “slough” and “vernal pool;”
(c) Surface Waters (1) revises water quality objectives for ammonia, coliform bacteria, chemical constituents, total residual chlorine, dissolved oxygen, floating materials, oil and grease, pesticides, pH, radioactivity, settleable materials, suspended materials, taste and odor, temperature, and fisheries management activities using rotenone; (2) adds water quality objectives for: nondegradation of aquatic communities and populations for wetlands, arsenic, boron, molybdenum and pH for Honey Lake; suspended sediment for Lake Tahoe; 12 constituents for Fallen Leaf Lake;
(d) Ground Waters: revises water quality objectives for coliform bacteria, chemical constituents, radioactivity, and taste and odor; specifies that objectives apply at all points;
(e) Compliance with Water Quality Objectives: (1) specifies that the most strict objectives applies; (2) adds directions regarding (A) pollution and nuisance, (B) taste and odor, (C) human health and toxicity, (D) agriculture designations, (E) “natural high quality waters,” (F) “10 percent significance level,” (G) “means,” “medians,” and “90th percentile values,” (H) standard analytical methods to determine compliance with objectives, (I) bacterial analyses; (J) acute toxicity, (K) chronic toxicity, and (L) application of narrative and numerical water quality objectives to wetlands;
(f) Waste Discharge Prohibitions: (1) revises and clarifies waste discharge prohibitions; (2) adds exemption criteria for restoration projects; (3) adds consideration for reclamation projects;
(g) Spills, Leaks, Complaint Investigations, and Cleanups: adds risk assessment criteria for site specific cleanup levels;
(h) Municipal and Domestic Wastewater: (1) clarifies considerations in establishing discharge requirements; (2) adds control actions to address unlined sewage ponds; (3) adds package treatment plant criteria and permitting requirements; (4) adds criteria for consideration of proposed reclamation projects; (5) clarifies reclamation control measures for Indian Creek Watershed; (6) revises criteria for individual waste disposal systems; (7) adds factors for evaluating alternative individual waste disposal systems;
(i) Ground Water Protection and Management: (1) City of Bishop: adds requirements regarding cleanup of ground water polluted by underground storage tanks; (2) adds policy for remediation of underground storage tank discharges in hydrogeologic areas other than Bishop;
(j) Mining, Industry and Energy production: revises control measures for mining and mineral processing; for industrial activities other than mining and mineral processing, including measures applicable to the cement industry, asphalt batch plants, and lumber mills; and for energy production, including geothermal operations, hydroelectric projects, and cogeneration facilities;
(k) Land Development: (1) revises control measures for construction activities; (2) revises control measures for road construction and maintenance;
(l) Resource Management and Restoration: (1) adds method for determining site specific boundaries of wetlands; (2) adds control measures for wetland protection; (3) adds control actions for livestock grazing; (4) adds control actions for fisheries protection; (5) revises control measures for rotenone use in fisheries management; (6) defines “restoration” and adds control measures for lake/reservoir restoration; (7) adds control measures for river and stream restoration; (8) adds control measures for wetland restoration; (9) adds control measures for agricultural chemicals; (10) adds control measures for confined animal facilities; (11) adds control measures for aquaculture facilities; (12) adds control measures for boating and shoreline recreation regarding dredging and underwater construction, beach creation and replenishment, shorezone protection, piers, and marinas; (13) adds control measures for golf courses and other turf areas;
(m) Lake Tahoe Basin: (1) incorporates and revises essential standards and control measures from the Water Quality Management Plan for the Lake Tahoe Region (“208 Plan,” Tahoe Regional Planning Agency 1988) and from the Lake Tahoe Basin Water Quality Plan (State Water Resources Control Board 1989):
(1) Beneficial Use Definitions: (makes revisions listed in [a] above);
(2) Surface Waters: (A) incorporates and revises water quality objectives from ammonia, coliform bacteria, chemical constituents, total residual chlorine, dissolved oxygen, floating materials, oil and grease, pesticides, pH, radioactivity, settleable materials, suspended materials, taste and odor, temperature, and fisheries management activities using rotenone; (B) incorporates water quality objectives for algal growth potential, biological indicators, clarity, electrical conductivity, pH, plankton counts, and transparency; (C) adds water quality objectives for: nondegradation of aquatic communities and populations for wetlands; suspended sediment; and, 12 constituents for Fallen Leaf Lake;
(3) Ground Waters: incorporates and revises water quality objectives for coliform bacteria, chemical constituents, radioactivity, and taste and odor;
(4) Compliance with Water Quality Objectives: (makes revisions specified in [e] above);
(5) Discharge Prohibitions: incorporates and revises waste discharge prohibitions for the Lake Tahoe Hydrologic Unit;
(6) Land Capability and Coverage Limitations: adds provisions on approval of “man-modified” reclassifications; incorporates provisions on coverage limitations; adds provisions on excess coverage mitigation, coverage transfer and coverage relocation;
(7) Remedial Programs and Offset: clarifies existing authority for Region Board review of substantial modifications to the Tahoe Regional Planning Agency offset program; adds priority groups of facilities for obtaining retrofit of BMPs;
(8) Stormwater Problems and Control Measures: incorporates and revises stormwater effluent limitations;
(9) Stream Zones, Floodplains, Shorezones, and Ground Water: Clarifies criteria for identification of a stream environment zone (SEZ), for establishment of a SEZ setback, for SEZ protection, and SEZ restoration; adds criteria for SEZ creation; adds control measures for floodplain protection, shorezone protection, and ground water protection;
(10) Development Restriction: clarifies effect of waste discharge prohibitions on new development; incorporates and revises exemption criteria for: new subdivisions, new development in SEZs or not in accord with land capability, new development which is not offset by remedial projects, 100-year floodplains, and development of new piers;
(11) Roads and Rights-of-Way: incorporates and revises control measures;
(12) Timber Harvest Activities: incorporates and revises control measures;
(13) Livestock Grazing And Confinement: incorporates control measures;
(14) Outdoor Recreation: incorporates direction for ski area maintenance activities; incorporates and revises controls for piers.
HISTORY
1. Revised plan approved by OAL and effective 3-31-95, pursuant to Government Code section 11353; summary of regulatory provisions filed 3-31-95 (Register 95, No. 13).
§3951. Revisions to the Water Quality Control Plan for the Lahontan Region, as Adopted by the California Regional Water Quality Control Board, Lahontan Region on April 21, 1995.
History
The regulatory provisions included in the adopted amendments are summarized below:
(a) Waste Discharge Prohibitions: Revises an existing Basin Plan prohibition against the discharge of waste from leaching or percolation waste disposal systems in the Cady Springs prohibition area. (1) Redefines the Cady Springs prohibition area. (2) Adds exemption criteria for proposed projects in existing land developments. (3) Adds exemption criteria for proposed projects on new lots.
(b) Waste Quality Objectives: Corrects the headings “Tahoe Valley North” and “Tahoe Valley North Basin” (under the headings “Water Quality Objectives for Specific Ground Water Basins”, and “Water Quality Objectives for Certain Ground Water Basins”) to read “Truckee River and Little Truckee River HUs”.
(c) Timber Harvest: Clarifies that RWQCB regulations apply to all types of forest management activities, not only commercial timber harvests. Clarifies the RWQCB's intent to review and consider use of innovative technology for forest management on steep slopes, as well as in Stream Environment Zones, in the Lake Tahoe Basin. Makes other minor clarifications and corrections in Basin Plan language.
HISTORY
1. New section summarizing regulatory provisions filed 8-17-95. Basin Plan revisions as adopted by the Lahontan Regional Water Quality Control Board 4-21-95 per Resolution No. 6-95-54 and approved by the State Water Resources Control Board 6-22-95 per Resolution No. 95-32, approved by OAL and effective per Government Code section 11353 on 8-14-95 (Register 95, No. 33).
§3952. Removal of the Municipal and Domestic Supply (MUN) Beneficial Use Designations from Nine Saline Water Bodies.
History
On July 12, 2000, the Lahontan Regional Water Quality Control Board adopted Resolution No. 6-00-67 amending the Water Quality Control Plan for the Lahontan Basin (Basin Plan). The amendment revised the Basin Plan by removing the Municipal and Domestic Supply (MUN) beneficial use designations from nine saline water bodies. The water bodies include Wendel Hot Springs, Amedee Hot Springs, Fales Hot Springs, Hot Creek, Little Hot Creek, Little Alkali Lake, Keough Hot Springs, Deep Springs Lake, and Amargosa River.
The amendment removes the MUN designation of these waters from Table 2-1 in the Basin Plan, and also adds Amedee Hot Springs, Little Alkali Lake, and Little Hot Creek and their designated beneficial uses, with the exception of MUN, to Table 2-1. These three water bodies were previously categorized as “Minor Surface Waters” in the Basin Plan.
HISTORY
1. New section summarizing regulatory changes filed 11-27-2001; Basin Plan revisions approved by the State Water Resources Control Board 9-20-2001 per resolution 2001-100 were approved by OAL and effective per Government Codes section 11353 on 11-27-2001 (Register 2001, No. 48).
§3953. Basin Plan Amendment Incorporating a Total Maximum Daily Load (TMDL) and TMDL Implementation Program to Control Sediment Loading to Heavenly Valley Creek.
History
The TMDL's goal of attaining instream standards is projected to occur within approximately 20 years after final approval of the TMDLs (2021).
The terms “parameter” and “desired conditions,” as used in this TMDL, are equivalent to the U.S. EPA terms “indicator” and “targets,” respectively, as defined in “Guidance for Developing TMDLs in California” January 7, 2000 USEPA, Region 09.
The TMDL assigns a loading capacity for total annual instream sediment loading to Heavenly Valley Creek, measured at the “Property Line” station near the resort permit boundaries, as 58 tons of sediment per year, expressed as a five year rolling average.
The TMDL implementation program is based substantially on continuation of existing erosion control and monitoring programs which are being carried out under an adaptive management approach by the U.S. Forest Service, Lake Tahoe Basin Management Unit (LTBMU - the landowner) and the Heavenly Valley Ski Resort (an LTBMU permittee).
The implementation program includes full application of Best Management Practices to all new and existing disturbed areas within the ski resort. Specifics of the implementation include the following:
Summary of TMDL Implementation Program
Implementation Measure Schedule
Abandon and restore 7.59 acres of existing Complete by 2006
unpaved roads
Stabilize 21.10 acres of existing roads which Complete by 2006
will remain in use
Restore 182 acres of existing ski runs Complete by 2006
Maintain BMPs as necessary Annually
Review success of specific BMPs at specific Annually
sites; identify and implement improvements
through adaptive management approach
Conduct a comprehensive review of progress At five year intervals
toward watershed restoration and attainment of beginning in 2000: (first
water quality standards and identify needs for evaluation report completed
change through adaptive management program. in 2001).
The Lahontan Regional Board will use its existing authority, including the Lake Tahoe Basin control measures outlined in Chapter 5 of its Basin Plan, and the three-tier compliance approach (ranging from voluntary compliance to regulatory action) in the statewide Nonpoint Source Management Plan, to ensure implementation of the TMDL.
The TMDL Implementation Plan includes the addition of macroinvertebrate community health monitoring, along with a continuation of monitoring provisions for suspended sediment concentration and flow and other parameters.
If progress is not satisfactory at the conclusion of the second (2005-2006) review, Regional Board staff will evaluate the need for revision of the TMDL and/or the implementation program.
HISTORY
1. New section summarizing amendment to Lahontan Basin Plan filed 8-8-2002; Basin Plan revisions approved by the State Water Resources Control Board 9-20-2001 pursuant to resolution 2001-101 were approved by OAL and effective pursuant to Government Code section 11353 on 8-8-2002 (Register 2002, No. 32).
§3954. Revisions to the Water Quality Control Plan for the Lahontan Region, as Adopted by the California Regional Water Quality Control Board, Lahontan Region on January 23, 2002.
History
On July 12, 2000, the Lahontan Regional Water Quality Control Board (LRWQCB) adopted Resolution No. 6-00-66 amending the Water Quality Control Plan for the Lahontan Basin (Basin Plan). The amendments include both non-regulatory provisions (editorial and procedural changes) and regulatory provisions. The regulatory provisions of the amendments are:
(1) Revisions to a regionwide prohibition against discharges of industrial waste to surface waters. The amended language provides that discharges of “industrial process wastes,” as defined, may be allowed to surface waters not designated for the Municipal and Domestic Supply (MUN) beneficial uses, if such discharges comply with General Discharge Limitations and appropriate findings under state and federal antidegradation regulations are made. The amendments also add definitions of “industrial process wastes,” “municipal and domestic wastewater,” and “industry.”
(2) Removal of the potential Municipal and Domestic Supply (MUN) beneficial use designation from ground water within defined topographic boundaries surrounding Searles Lake, and addition of the Industrial Process Supply (PRO) use to ground water beneath the Searles Lake bed (Searles Valley ground water basin, Department of Water Resources Basin No. 52).
HISTORY
1. New section summarizing regulatory changes filed 4-3-2002; Basin Plan revisions approved by the State Water Resources Control Board 1-23-2002 pursuant to resolution 2002-0001 were approved by OAL and effective pursuant to Government Code section 11353 on 4-3-2002 (Register 2002, No. 14).
§3955. Basin Plan Amendment Incorporating a Total Maximum Daily Load (TMDL) and TMDL Implementation Program to Control Phosphorus Loading to Indian Creek Reservoir.
History
The goal of this TMDL is a change from eutrophic to mesotrophic conditions, which should provide adequate support for aquatic life and recreational beneficial uses. Attainment of the numeric target for total phosphorus (0.02 mg/L as an annual mean concentration in the water column) is projected to occur within approximately 21 years after final approval of the TMDL (2024). Attainment of other numeric targets and narrative water quality objectives related to protection of beneficial uses is also projected to occur by that date.
The TMDL assigns a loading capacity for phosphorus loading to Indian Creek Reservoir, as a net annual load of 82 pounds of total phosphorus in the water column. Attainment of the loading capacity and numeric target will require an 87 percent reduction in internal phosphorus loading from the sediment and a 75 percent reduction in external loading to the reservoir from the surrounding watershed and the tributary inflow.
The TMDL implementation program will use an adaptive management approach. It establishes a process and schedule for selection and implementation of specific control measures. Such measures will include best management practices to control external sources, and in-lake control methods to control phosphorus loading from the sediment. Examples of potential in-lake controls include measures to remove phosphorus-laden sediment, reduce phosphorus release from sediment, and/or increase flushing of phosphorus from the reservoir. Implementation will be the responsibility of the South Tahoe Public Utility District (STPUD), which manages the reservoir and its tributary flow; the U.S. Bureau of Land Management, which owns the watershed contributing surface runoff to the reservoir; and public and private landowners in the watershed of the tributary inflow.
The Lahontan Regional Board will use its existing authority, including the three-tier compliance approach (ranging from self-determined implementation to regulatory action) in the statewide Nonpoint Source Management Plan and Rangeland Water Quality Management Plan, to ensure implementation of the TMDL.
The TMDL implementation program includes continued monitoring of water quality in the reservoir and its tributary inflow, and periodic inspection of BMPs once they have been installed. The adaptive management approach includes flexibility for changes in the existing monitoring program over time.
If progress toward implementation and attainment of TMDL targets and indicators is not satisfactory at the conclusion of the second comprehensive review (in 2013), or if monitoring shows support of beneficial uses at phosphorus concentrations higher than mandated by the target, Regional Board staff will evaluate the need for revision of the TMDL and/or the implementation program.
Specifics of the TMDL implementation program are as follows
Summary of TMDL Implementation Program
Implementation Process Schedule
Stakeholder group is convened by Regional By 4 months after final
Board staff approval of TMDL
Regional Board staff and stakeholders By 1 year after final approval
identify specific sites needing BMPs to of TMDL
control external sources of phosphorus loading
STPUD submits plan for Regional Board By 15 months after final
approval on proposed action(s) to control approval of TMDL
internal phosphorus loading
Progress toward BMP implementation By 3 years after final approval
reviewed; need for Regional Board regulatory of TMDL
action considered
Controls for internal and external sources By 2013
phosphorus loading are fully implemented
Review of monitoring data in relation to Ongoing
indicators and targets
Comprehensive review of monitoring data and At five-year intervals
progress toward implementation and following final approval of
attainment of targets TMDL
Consideration of needs for revisions in TMDL After 2013
HISTORY
1. New section summarizing regulatory changes filed 4-14-2003; Basin Plan revisions adopted by the Lahontan Regional Board 7-24-2002 and approved by the State Water Resources Control Board 1-22-2003. Approved by OAL pursuant to Government Code section 11353 and effective on 4-14-2003 (Register 2003, No. 16).
§3956. Basin Plan Amendment Revising Waste Discharge Prohibition Exemption Criteria for the Mojave Hydrologic Unit, San Bernardino County.
History
Exemptions to regionwide, hydrologic unit, and hydrologic area prohibitions may be granted as specified in Chapter 4.1 of the Water Quality Control Plan. Most exemptions are based on a finding by the Regional Board Executive Officer if so delegated, that the discharge will not result in exceeding the water quality objectives or unreasonably affect the water for its beneficial uses. The Lahontan Regional Water Quality Control Board (Regional Board) will base this determination on an analysis of the criteria contained in State Water Resources Control Board Resolution No. 68-16, the Statement of Policy with Respect to Maintaining High Quality Waters in California.
This amendment applies to the Mojave Hydrologic Unit for surface water that is tributary to the West Fork Mojave River or Deep Creek (Prohibition 1), the Silverwood Lake, Deep Creek, and Grass Valley watersheds (Prohibition 2), and surface waters upstream of the Lower Narrows (Prohibition 4). Language was added to Prohibitions 1 and 2 that exempts storm water discharges unless such discharges create a contition of pollution or nuisance. Prohibition 2 now applies to discharge of waste to land or water.
HISTORY
1. New section summarizing amendments to Basin Plan filed 3-24-2004; amendments adopted by the Lahontan Regional Water Quality Control Board 9-10-2003 per Resolution No. R6V-2003-049. Approved by the State Water Resources Control Board 1-22-2004 per Resolution No. 2004-0001; approved by OAL and effective 3-24-2004 pursuant to Government Code section 11353 (Register 2004, No. 13).
§3957. Amendment to Designated Beneficial Uses.
History
On July 14, 2005, the Lahontan Regional Water Quality Control Board adopted Resolution No. R6T-2005-0021, amending the Water Quality Control Plan for the Lahontan Region (Basin Plan). The amendment revised Table 2-1 in Chapter 2 (Beneficial Uses) of the Basin Plan by deleting the Municipal and Domestic Supply (MUN) beneficial use designation for Owens Lake (Hydrologic Unit No. 603.30).
HISTORY
1. New section summarizing amendments to Basin Plan filed 12-20-2005; amendments adopted by the Lahontan Regional Water Quality Control Board 7-14-2005 per Resolution No. R6T-2005-021. Approved by the State Water Resources Control Board 10-20-2005 per Resolution No. 2005-0074; approved by OAL 12-20-2005 pursuant to Government Code section 11353 (Register 2005, No. 51).
§3958. Clarifications of Waste Discharge Prohibitions.
History
On April 12, 2006, the Lahontan Regional Water Quality Control Board adopted Resolution No. R6T-2006-0015 amending the Water Quality Control Plan for the Lahontan Region (Basin Plan). The amendments to Chapters 4 and 5 of the Basin Plan clarify that waste discharge prohibitions in those chapters do not apply to discharges of stormwater when wastes in the discharge are controlled through the application of management practices or other means and the discharge does not cause a violation of water quality objectives.
HISTORY
1. New section summarizing amendments to basin plan filed 5-18-2007; amendments approved by the State Water Resources Control Board Resolution No. 2007-0007 on 2-20-2007; amendments approved by OAL pursuant to Government Code section 11353 on 5-18-2007 (Register 2007, No. 20).
§3959. Establishment of a Total Maximum Daily Load for Sediment in Squaw Creek, Placer County.
History
Water Board Resolution No. R6T-2006-0017, adopted on April 13, 2006 by the Lahontan Regional Water Quality Control Board, modified the Water Quality Control Plan for the Lahontan Region by establishing a Total Maximum Daily Load (TMDL) to control sediment in Squaw Creek, Placer County.
The TMDL sets numeric targets which include physical habitat measures of stream substrate quality (median particle size and percent fines and sand), and biological parameters that represent desired stream habitat conditions for fish and aquatic invertebrates. The TMDL focuses on controlling sources of sediment from land use categories identified as major contributors to excessive in-stream sediment loading. Based on comparison with reference streams, it is estimated that a 50 percent reduction in the controllable sediment loading of 21,800 tons per year (from the level estimated as of 2001) is needed to protect beneficial uses. The TMDL implementation program is based on continuation and improvement of existing erosion control and monitoring programs conducted by current permitted discharges. Other individual or general permits will be issued as warranted for construction-related or other land-disturbing activities to control sediment discharges to Squaw Creek.
Implementation monitoring will center on tracking compliance with existing and proposed regulatory actions, including installation and maintenance of Best Management Practices to control sediment discharges, with a focus on control of fine sediment. Progress toward meeting the TMDL will be determined through monitoring of the in-stream physical and biological parameters. The estimated time frame for meeting the numeric targets and achieving the TMDL is 20 years. This estimate takes into consideration the time needed for dischargers to identify sediment sources, to devise a plan to address those sources, and to fully implement appropriate sediment controls; and for target indicators to respond to decreased sediment loading. The Lahontan Water Board has committed to reviewing the TMDL after 10 years to determine if revisions are warranted based on relevant compliance data.
HISTORY
1. New section summarizing amendments to basin plan filed 5-18-2007; amendments adopted by the Lahontan Region Water Quality Control Board 4-13-2006 by Resolution No. R6T-2006-0017; approved by the State Water Resources Control Board 2-20-2007 by Resolution No. 2007-0008; amendments approved by OAL pursuant to Government Code section 11353 on 5-18-2007 (Register 2007, No. 20).
§3959.1. Revised Sodium-Related Water Quality Standards for Surface Waters of the Carson and Walker River Watersheds.
History
This amendment to the Water Quality Control Plan for the Lahontan Region (Basin Plan) revises Chapter 3 (Water Quality Objectives) of the Basin Plan by:
(1) Deleting water quality objectives for Percent Sodium and related footnotes from Tables 3-14 and 3-15 in Chapter 3 (Water Quality Objectives) of the Basin Plan, and
(2) Adding new water quality objectives for Sodium Adsorption Ratio to Chapter 3 (Water Quality Objectives) of the Basin Plan, applicable to surface waters of the West Fork Carson River, East Fork Carson River, West Walker River, and East Walker River Hydrologic Units.
HISTORY
1. New section summarizing amendments to basin plan filed 11-30-2007; amendments approved by State Water Resources Control Board Resolution No. 2007-0056 on 9-18-2007; amendments approved by OAL pursuant to Government Code section 11353 on 11-30-2007 (Register 2007, No. 48).
§3959.2. Amendment to the Water Quality Control Plan for the Lahontan Region to Revise Standards for Surface Waters of the Antelope Hydrologic Unit.
History
The Lahontan Regional Water Quality Control Board adopted Resolution R6T-2007-0036 amending the Water Quality Control Plan for the Lahontan Region (Basin Plan) which: 1) established site-specific beneficial uses for Amargosa Creek, the Piute Ponds and wetlands, and Rosamond Dry Lake, 2) corrected a numerical error in the existing water quality objective for ammonia, and 3) established site-specific water quality objectives for ammonia for Amargosa Creek and the Piute Ponds and wetlands.
HISTORY
1. New section summarizing amendment of basin plan filed 8-5-2009; amendment approved by the State Water Resources Control Board in Resolution No. 2009-0018 on 3-17-2009; amendment approved by OAL pursuant to Government Code section 11353 on 8-5-2009 (Register 2009, No. 32).
§3959.3. Total Maximum Daily Load for Sediment in the Middle Truckee River Watershed, Placer, Nevada and Sierra Counties.
History
Water Board Resolution No. R6T-2008-0019, adopted on May 14, 2008 by the Lahontan Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan for the Lahontan Region by establishing a Total Maximum Daily Load (TMDL) for suspended sediment in the middle Truckee River, including Gray and Bronco creeks. The middle Truckee River is defined as the segment of the Truckee River from the outflow of Lake Tahoe to the California-Nevada state line. On March 17, 2009, the State Water Resources Control Board approved the amendment under Resolution No. 2009-0028.
The TMDL is a sediment control plan which sets a numeric target for suspended sediment concentrations in the river, and includes requirements for land managers to implement effective erosion controls to reduce sediment delivery to the middle Truckee River by 20 percent. These requirements will be included in Waste Discharge Requirements and Waivers as appropriate. Continued monitoring will also be required to evaluate the effectiveness of the TMDL. TMDL implementation is expected to result in improving conditions such that the middle Truckee River will meet its water quality standards for sediment within twenty years.
HISTORY
1. New section summarizing amendments to basin plan filed 7-9-2009; amendments approved by State Water Resources Control Board Resolution No. 2009-0028 on 3-17-2009; amendments approved by OAL pursuant to Government Code section 11353 on 7-9-2009 (Register 2009, No. 28).
§3959.4. Lake Tahoe Total Maximum Daily Load (TMDL) and Implementation Plan for Fine Sediment Particles, Total Nitrogen, and Total Phosphorus.
History
On November 16, 2010, the Regional Water Quality Control Board, Lahontan Region (Lahontan Water Board) adopted Resolution No. R6T-2010-0058, amending the Water Quality Control Plan for the Lahontan Region. The State Water Resources Control Board approved the amendment under State Water Resources Control Board Resolution No. 2011-0022, on April 19, 2011.
Resolution No. R6T-2010-0058 establishes an amendment to the Water Quality Control Plan for the Lahontan Region to incorporate a TMDL and TMDL implementation plan for fine sediment particles, total nitrogen, and total phosphorus for Lake Tahoe.
The TMDL is the sum of wasteload allocations for point sources, load allocation for nonpoint sources, and a margin of safety in protecting Lake Tahoe's deep water transparency. The major pollutant load sources include: urban (developed) upland runoff, atmospheric deposition, forest (undeveloped) upland runoff, and stream channel erosion. The most cost effective and efficient load reduction options for the atmospheric deposition, forested upland, and stream channel erosion sources are to continue with existing programs. Because the most significant and quantifiable load reduction opportunities are within the urban uplands source, the TMDL implementation plan emphasizes actions to reduce fine sediment particle and associated nutrient loading from urban stormwater runoff. Lahontan Water Board staff has developed the tools and protocols to quantify, track, and account for pollutant loads associated with urban runoff.
The Lahontan Water Board staff will evaluate progress towards meeting the TMDL in periodic milestone reports and will annually track actions taken to reduce loads from the major pollutant load sources. The estimated timeframe to achieve the TMDL-required load reductions and meet the numeric target is 65 years after the TMDL is approved by the US Environmental Protection Agency. This requires that estimated fine sediment particle, phosphorus, and nitrogen loads be reduced by 65 percent, 35 percent, and 10 percent, respectively.
HISTORY
1. New section summarizing amendments to basin plan filed 6-21-2011; amendments approved by State Water Resources Control Board Resolution No. 2011-0022 on 4-19-2011; amendments approved by OAL pursuant to Government Code section 11353 on 6-21-2011 (Register 2011, No. 25).
Article 7. Colorado River Basin Region
§3960. Water Quality Control Plans.
History
The following are changes to regulatory provisions in the 1991 Water Quality Control Plan for the Colorado River Basin Region (Basin Plan). The surface water objectives for temperature, suspended solids, and settleable solids were changed by removing the words “point source”. These objectives will now apply to nonpoint and point sources. The waiver for application of the bacteria objective was changed by adding the word “existing”. Consequently, only existing point source discharges are now eligible for the waiver, while new point source discharges are not eligible. New language was added that contains numeric objectives for selenium (0.005 mg/L four-day average, 0.02 mg/L one-hour average) which apply to all surface water tributaries to the Salton Sea. Further, new language was added to address: 1. the regulation of sludge applications; 2. storm water pollution; 3. Regional Water Quality Control Board, Colorado River Basin Region's guidelines and the general permit for septic systems; and 4. the State Water Quality Certification Program.
HISTORY
1. New article 7 and section filed 8-3-94; operative 8-3-94. Resolution No. 93-145 adopted by Colorado River Basin Regional Water Quality Control Board 11-17-93. Resolution No. 94-18 adopted by State Water Resources Control Board 2-17-94. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 31).
§3961. Establishment of a Total Maximum Daily Load for Sedimentation/Siltation for the Alamo River.
History
Regional Board Resolution No. 01-100, adopted on June 27, 2001, by the Colorado River Basin Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan for the Colorado River Basin Region (Basin Plan) by establishing a Total Maximum Daily Load (TMDL) for sedimentation/siltation in the Alamo River. The amendment to the Basin Plan requires the farmers/operators discharging agricultural return flows into the Alamo River and its tributary drains to implement best management practices to reduce silt/sediment delivery into the Alamo River, in accordance with a time schedule consisting of four phases. Each phase consists of about a three-year period with interim silt/sediment load reductions for each phase. Implementation of the TMDL does not take place until one year after the U.S. Environmental Protection Agency approves the TMDL. The amendment also requires the Imperial Irrigation District to submit and implement a revised drain water quality improvement plan, with a monitoring program, for the drains discharging into the Alamo River. A net reduction of 47% of the current sediment/silt load in the Alamo River is required by the TMDL.
HISTORY
1. New section summarizing regulatory changes filed 5-3-2002; Basin Plan revision approved with partial remand by the State Water Resources Control Board 2-19-2002 per Resolution No. 2002-0037 were approved by OAL and effective per Government Code section 11353 on 5-3-2002, operative as provided therein (Register 2002, No. 18).
§3962. A Total Maximum Daily Load for Pathogens in the New River.
History
A Total Maximum Daily Load (TMDL) for pathogens discharged to the New River was adopted on October 10, 2001 by the Colorado River Basin Regional Water Quality Control Board (Regional Board). This resolution (No. 01-197) modified the Water Quality Control Plan for the Colorado River Basin Region. The U.S. Environmental Protection Agency (USEPA) must approve the TMDL.
The New River Pathogens TMDL specifies water quality objectives to protect the River's beneficial uses, which currently are impaired by high pathogen levels. Fecal coliforms, E. Coli and enterococci bacteria serve as pathogen indicators. The pathogens load is allocated among point and non-point sources in the New River sub-watershed. All U.S. wastewater treatment plants (WWTPs) within the sub-watershed must utilize disinfection equipment within 1 year of USEPA approval. TMDL objectives are to be achieved no later than 3 years after USEPA approval.
Regional Board staff is required to submit reports to the Regional Board that:
(1) Detail compliance with the implementation plan for the TMDL that specifies responsible parties and time schedules,
(2) Update financial options for implementation measures, and
(3) Detail implementation progress every six months.
The New River Pathogens TMDL will be re-evaluated and revised, if appropriate, based upon new monitoring data and studies.
HISTORY
1. New section summarizing regulatory provisions of amended basin plan filed 5-23-2002; operative 5-23-2002. Resolution 01-197 adopted by Colorado River Basin Regional Water Quality Control Board 10-10-2001. Approved by OAL pursuant to Government Code section 11353 (Register 2002, No. 21).
§3963. Establishment of a Total Maximum Daily Load for Sedimentation/Siltation for the New River.
History
Regional Board Resolution No. R-7-2002-0097, adopted on June 26, 2002, by the Colorado River Basin Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan for the Colorado River Basin Region by establishing a Total Maximum Daily Load (TMDL) for sedimentation/siltation in the New River. The implementation plan requires the farmers/operators in the New River Subwatershed to implement best management practices to reduce silt/sediment delivery into the New River, in accordance with a time schedule consisting of four phases. Each phase consists of about a three-year period, with interim load reductions for each phase. Implementation does not take place until one year after U.S. Environmental Protection Agency approval of the TMDL. It also requires the Imperial Irrigation District to submit and implement a revised drain water quality improvement plan, with a monitoring program, for the drains discharging into the New River. A net reduction of 17% of sediment/silt in the New River is required by the TMDL.
HISTORY
1. New section summarizing regulatory changes filed 1-13-2003; regulatory changes were approved by OAL pursuant to Government Code section 11353 on 1-13-2003 (Register 2003, No. 3).
§3964. Prohibition of the Discharge of Individual Subsurface Wastewater Disposal Systems in the Cathedral City Cove.
History
Regional Board Resolution No. 02-184 adopted on November 13, 2002 by the Colorado River Basin Regional Water Quality Control Board, amends the Water Quality Control Plan to prohibit discharges from individual subsurface wastewater disposal systems in Cathedral City Cove, pursuant to California Water Code § 13286. The prohibition takes effect on and after January 1, 2012. Cathedral City is required to submit to the Regional Board an implementation plan to comply with the January 1, 2012 prohibition date, one year following State Board approval of the subject amendment. Thereafter, the City is shall submit annual progress reports describing actions taken by the City or any other person or entity, to achieve compliance by January 1, 2012.
HISTORY
1. New section summarizing regulatory changes filed 7-15-2003; regulatory changes were approved by OAL pursuant to Government Code section 11353 on 7-15-2003 (Register 2003, No. 29).
§3965. Prohibition of Discharge from Septic Tanks on Parcels that Overlie the Mission Creek or the Desert Hot Springs Aquifers.
History
On March 30, 2004, the Colorado River Basin Regional Water Quality Control Board (Regional Board), adopted Resolution No. R7-2004-0017 amending the Water Quality Control Plan for the Colorado River Basin Region (Basin Plan). The amendment revised the Basin Plan by incorporate a prohibition of discharge of waste from existing or new individual disposal systems on percels of less than one-half acre that overlie the Mission Creek or the Desert Hot Springs aquifers if a sewer is available. The regulatory provisions are added to Chapter 4 of the Water Quality Control Plan.
Section 13281(b) of the California Water Code requires the Regional Board to prohibit the discharge of waste from individual disposal systems (or septic tanks) on parcels less than one-half acre that overly the Mission Creek or Desert Hot Springs Aquifers in Riverside County, California, if a sewer system is available within two hundred feet. For parcels of one-half acre or greater, septic systems are limited to two per acre if a sewer system is available, and discharge of waste from additional or existing septic systems is prohibited. This amendment implements this section of the California Water Code by incorporating this language into the Basin Plan and further requires the Mission Creek Water District to submit a report to the Regional Board describing actions taken to implement the subject prohibition.
HISTORY
1. New section summarizing amendments to Basin Plan filed 1-21-2005; amendments adopted by the Colorado River Basin Regional Water Quality Control Board 3-30-2004 per Resolution No. R7-2004-0017. Approved by the State Water Resources Control Board 12-9-2004 per Resolution No. 2004-0077; approved by OAL and effective 1-21-2005 pursuant to Government Code section 11353 (Register 2005, No. 3).
§3966. Total Maximum Daily Load for Sedimentation/Siltation for the Niland 2, P, and Pumice Imperial Valley Drains and Implementation Plan.
History
On January 19, 2005, the Colorado River Basin Regional Water Quality Control Board (Colorado River Basin Water Board) adopted Resolution No. R7-2005-0006 to modify the regulatory provisions of the Water Quality Control Plan for the Colorado River Basin Region by establishing: (1) a Total Maximum Daily Load (TMDL) for sedimentation/siltation in the Imperial Valley Drains: Niland 2, P, and Pumice Drains, and Implementation Plan, (2) an implementation plan for all Imperial Valley drains that empty directly into the Salton Sea, and (3) a prohibition for discharge of silt-laden tailwater into the Imperial Valley, including the Imperial Valley drains, New River, and Alamo River.
A net reduction of about 51 percent of sediment/silt in the Niland 2, P, and Pumice drains is required. The implementation plan requires farm landowners, renters/lessees, and operators/growers to implement management practices to reduce silt/sediment delivery into all drains that empty directly into the Salton Sea, in accordance with a time schedule consisting of four phases. Each phase consists of a two- or three-year period, with interim load reductions for each phase. The first implementation provisions begin three months after U.S. Environmental Protection Agency (USEPA) approval of the TMDL. The implementation plan also requires the Imperial Irrigation District to submit and maintain compliance with a revised Drain Water Quality Improvement Plan, to begin six months after USEPA approval of the TMDL.
The prohibition begins three months after USEPA approval of the TMDL and establishes that direct or indirect discharge of sediment will be prohibited unless the discharger is in compliance with applicable sedimentation/siltation TMDLs, has a monitoring program approved by the Colorado River Basin Water Board's Executive Officer, or is covered by Waste Discharge Requirements (WDRs) or a Waiver of WDRs.
HISTORY
1. New section summarizing amendments to Basin Plan filed 9-8-2005; amendments adopted by the Colorado River Basin Regional Water Quality Control Board 1-19-2005 pursuant to Resolution No. R7-2005-0006. Approved by the State Water Resources Control Board 7-21-2005 pursuant to Resolution No. 2005-0059. Approved by OAL 9-8-2005 and operative 9-8-2005 pursuant to Government Code section 11353 (Register 2005, No. 36).
§3967. Total Maximum Daily Load and Implementation Plan for Trash in the New River at the International Boundary, Imperial County, California.
History
Resolution No. R7-2006-0047, adopted on June 21, 2006, by the Colorado River Basin Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan for the Colorado River Basin Region by establishing a Total Maximum Daily Load (TMDL) and Implementation Plan for trash in the New River at the International Boundary, Imperial County, California. The current trash load of the New River is impairing the following beneficial uses: warm freshwater habitat (WARM); wildlife habitat (WILD); preservation or rare, threatened, and endangered species (RARE); water contact recreation (REC 1); non-contact water recreation (REC 2); and freshwater replenishment (FRSH). Water quality objectives are not being met in the New River due in part to illegal dumping and littering into the New River and its tributary drains in Mexicali, Mexico, which adversely impacts beneficial uses. Trash has an impact on the water column that may extend to the New River's terminus at the Salton Sea because trash may carry or leach other pollutants (e.g., pathogens, VOCs, and metals), thus causing water quality impacts.
The TMDL Implementation Plan consists of two phases, and uses an interim numeric target to assess compliance progress. Phase I calls for a 75 percent trash reduction within two years of United States Environmental Protection Agency (USEPA) approval of the TMDL. Phase II calls for a 100 percent trash reduction within three years of USEPA approval of the TMDL. Third party cooperating agencies are requested to complete implementation tasks within specified timeframes, including signing a Memorandum of Understanding, forming a coordination committee, and submitting semiannual progress reports.
HISTORY
1. New section filed 8-2-2007; operative 8-2-2007 pursuant to Government Code section 11353 (Register 2007, No. 31).
§3968. Total Maximum Daily Load and Implementation Plan for Bacterial Indicators in the Coachella Valley Stormwater Channel.
History
Resolution Order No. R7-2007-0039, adopted on May 16, 2007 and revisions adopted by Resolution Order No. R7-2010-0028 on June 17, 2010 by the Colorado River Basin Regional Water Quality Control Board (Colorado River Basin Water Board), modified the regulatory provisions of the Water Quality Control Plan for the Colorado River Basin Region by establishing a Total Maximum Daily Load (TMDL) and Implementation Plan for Bacterial Indicators in the Coachella Valley Stormwater Channel. The State Water Resources Control Board approved the amendments under Resolution No. 2011-0030, on July 19, 2011.
The TMDL addresses the impairment to water quality in the Coachella Valley Stormwater Channel due to exceedences of bacteria water quality objectives. The TMDL sets numeric targets for E. coli.
The implementation plan is divided into two phases with Phase I actions being implemented within 90 days following U.S. Environmental Protection Agency (U.S. EPA) approval of the TMDL. Phase I actions will take three years to complete and will focus on monitoring and addressing bacteria associated with wastewater discharges from facilities, urban runoff, and stormwater runoff. If the water quality objectives are not achieved by the end of Phase I, Colorado River Basin Water Board staff will implement additional actions in Phase II to control pathogenic sources. Enforcement actions against violators of the TMDL may be taken in Phases I and/or II, if necessary.
HISTORY
1. New section summarizing amendment to basin plan filed 2-2-2012; amendment approved by State Water Resources Control Board Resolution No. 2011-0030 on 7-19-2011; amendment approved by OAL pursuant to Government Code section 11353 on 2-2-2012 (Register 2012, No. 5).
§3969. Establishment of a Total Maximum Daily Load and Implementation Plan for Dissolved Oxygen in the New River at the International Boundary, Imperial County, California.
History
Colorado River Basin Regional Water Quality Control Board (Regional Board) Resolution No. R7-2010-0011, adopted on May 20, 2010, by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Colorado River Basin Region (Basin Plan) by establishing a Total Maximum Daily Load (TMDL) and Implementation Plan for Dissolved Oxygen (DO) in the New River at the International Boundary (IB). The TMDL addresses DO impairment in the New River due to wastewater entering California at the IB with Mexico. The TMDL numeric target for DO is a minimum of 0.5 mg/L at any time and applies to the first 12-mile segment of the New River downstream from the IB. All publicly owned treatment works that discharge pollutants from point sources in the impaired New River have been issued NPDES permits, which prescribe TMDL allocations, as specified in the TMDL. The implementation plan consists of two phases. Phase 1 requests that U.S. Environmental Protection Agency (USEPA) and the U.S. Section of the International Boundary and Water Commission (USIBWC) report measures taken to ensure Mexico's compliance with the TMDL; continue to monitor water quality and DO in the New River at the IB; and submit monitoring and progress reports to the Regional Water Board staff according to the specified schedule. Phase 1 also requests that other cooperating agencies with interests in New River water quality sign a Memorandum of Understanding (MOU) to ensure coordination of IB projects. Phase 1 measures should be sufficient to achieve the New River DO water quality objectives (WQOs). Phase 1 will be implemented in the first 3 years after USEPA approves the TMDL. Phase 2 (the second 3 years after USEPA approval) will be implemented if Phase 1 does not result in attaining the DO WQO. Regional Water Board staff will track implementation and monitor water quality progress in both phases, and will propose modification of the TMDL to the Regional Water Board, if necessary, in phase 2.
HISTORY
1. New section summarizing amendment to basin plan filed 3-21-2012; amendment approved by State Water Resources Control Board Resolution No. 2011-0061 on 12-6-2011; amendment approved by OAL pursuant to Government Code section 11353 on 3-21-2012 (Register 2012, No. 12).
§3969.1. Prohibition of Discharges of Wastewater into the Ground from Septic Systems in the Town of Yucca Valley.
History
On May 19, 2011, the Regional Water Quality Control Board, Colorado River Basin Region, adopted Resolution No. R7-2011-0004, amending the Water Quality Control Plan for the Colorado River Basin Region. The State Water Resources Control Board approved the amendment under Resolution No. 2011-0054, on November 1, 2011.
Resolution No. R7-2011-0004 prohibits the discharge of wastewater from new or existing individual disposal systems on parcels within Phases 1, 2, and 3 of the Hi-Desert Water District (HDWD) Sewer Master Plan (Final Report, January 2007) no later than May 19, 2016, May 19, 2019, and May 19, 2022, respectively, or when a municipal sewage collection system becomes available, whichever occurs first. The prohibition allows the Colorado River Basin Water Board to consider and grant exemptions on a case-by-case basis, pursuant to exemption applications submitted to the Executive Officer. Exemptions granted must be based upon the weight of evidence demonstrating unique technical, environmental, or economic conditions that would make connection to the collection system or installation of an on-site advanced treatment and disposal system technically impracticable or economically excessively burdensome.
HDWD is required to submit a report to the Colorado River Basin Water Board describing an implementation plan to comply with the May 19, 2016, the May 19, 2019, and the May 19, 2022 prohibition dates. Thereafter, HDWD is required to submit biannual reports to the Colorado River Basin Water Board by January 1st and July 1st of each year regarding any actions taken by HDWD or any other person or entity in order to achieve compliance by the above deadlines. The Executive Officer is also directed to provide the Regional Water Board an annual written report, beginning on May 23, 2012, regarding overall progress to achieve compliance with the terms of the prohibition.
HISTORY
1. New section summarizing amendment to basin plan filed 4-9-2012; amendment approved by State Water Resources Control Board Resolution No. 2011-0054 on 11-1-2011; amendment approved by OAL pursuant to Government Code section 11353 on 4-9-2012 (Register 2012, No. 15).
§3969.2. Revision of Indicator Bacteria to Designate E. Coli as the Sole Indicator for a 17-Mile Reach of the Coachella Valley Storm Water Channel.
History
On May 20, 2010, the Regional Water Quality Control Board, Colorado River Basin Region (Colorado River Basin Water Board), adopted Resolution No. R7-2010-0027, revising the Water Quality Control Plan for the Colorado River Basin Region (Basin Plan). On December 6, 2011, the State Water Resources Control Board (State Water Board) approved the amendment pursuant to Resolution No. 2011-0060.
Resolution No. R7-2010-0027 revises the indicator bacteria for pathogens for a 17-mile reach of the Coachella Valley Storm Water Channel by removing two of the three original indicator bacteria in accordance with 1986 U.S. Environmental Protection Agency water quality criteria guidelines and recommendations, leaving E. coli as the sole indicator.
Both the Colorado River Basin Water Board and the State Water Board determined that the Basin Plan amendment would not have a significant effect on the environment.
HISTORY
1. New section summarizing amendments to basin plan filed 8-8-2012; amendments approved by State Water Resources Control Board Resolution No. 2011-0060 on 12-6-2011; amendments approved by OAL pursuant to Government Code section 11353 on 8-8-2012 (Register 2012, No. 32).
Article 8. Santa Ana Region
§3970. Exemption Criteria for Septic Systems Prohibition.
History
This amendment to the Water Quality Control Plan for the Santa Ana Region (Basin Plan) revises the requirements and exemption criteria for use of septic tank subsurface disposal systems on lots smaller than one-half acre, set forth in an earlier amendment. Specifically, this amendment (1) clarifies the calculation of gross project area, (2) clarifies the definition of new development, (3) allows for replacement of outdated systems, (4) establishes flow rates for commercial and industrial facilities, (5) sets minimum distances from the nearest sewer in the exemption criteria, (6) establishes an off-set program, and (7) provides for review of alternative treatment technologies.
HISTORY
1. New article 8 and section filed 6-23-94; operative 6-23-94. Resolution No. 93-40 adopted by Santa Ana Regional Water Quality Control Board 7-16-93. Resolution No. 93-95 adopted by State Water Resources Control Board 9-23-93. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 25).
§3971. Revised Water Quality Control Plan.
History
The revised Water Quality Control Plan for the Santa Ana Region, as adopted March 11, 1994, by the Santa Ana Regional Water Quality Control Board includes the regulatory provisions summarized below:
(a) Beneficial Use Definitions: define “Estuarine Habitat” and “Limited Warm Freshwater Habitat” and revise existing beneficial use definitions for statewide consistency;
(b) Water Body Type Definitions: define “enclosed bays and estuaries” and “wetlands,” revise definition of “inland surface waters” to include wetlands;
(c) Enclosed Bays and Estuaries: (1) add a narrative objective for non-degradation; (2) amend the narrative objectives for algae, chlorine, color, floatables, oil and grease, dissolved oxygen, solids, taste and odor, toxic substances, and turbidity;
(d) Inland Surface Waters: (1) add a narrative objective for non-degradation; (2) amend the narrative objectives for algae, boron, chemical oxygen demand, chloride, odor, total dissolved solids (TDS), floatables, hardness, methylene blue-activated substances, oil and grease, taste and odor, and toxic substances; (3) add numeric water quality objectives for uranium, and turbidity; (4) revise the numeric water quality objectives for un-ionized ammonia, fluoride, methylene blue-active substances, and pH; (5) reach 2 of the San Jacinto River (Canyon Lake): Clarify water quality objectives;
(e) Santa Ana River System: add site-specific water quality objectives for cadmium, copper, lead, and un-ionized ammonia;
(f) Ground Waters: (1) amend narrative objectives for coliform bacteria, barium, boron, cyanide, total dissolved solids, fluoride, hardness, methylene blue-activated substances, oil and grease, and taste and odor; (2) add numeric water quality objectives for color, copper, pH, and uranium; (4) Big Bear Valley ground water subbasin: revise water quality objectives for TDS, hardness, sodium, chloride, nitrate nitrogen, and sulfates; (5) upper unconfined La Habra ground water subbasin: add numeric objective for TDS, chloride, sulfate, and boron;
(g) Total Dissolved Solids for Santa Ana River: establish a process to achieve effective compliance with TDS limits for discharges to water bodies without assimilative capacity;
(h) Chino Basin Animal Confinement Facilities (including dairies): add requirements for manure tracking, groundwater monitoring, engineered waste management planning, and offset programs in lieu of discharge prohibitions for manure and washwater;
(i) Waste Discharge Prohibitions: amend prohibitions applying to all waters, to inland surface waters, and to ground waters; add prohibitions applying to enclosed bays and estuaries;
(j) Waste Discharge Permits: define “Practical Quantification Level”; provide for use of Practical Quantification Levels in establishing waste discharge limits.
HISTORY
1. New section filed 1-24-95; operative 1-24-95 (Register 95, No. 4). Regulatory provisions approved per Government Code section 11353. Summary filed with Secretary of State.
§3972. “Revision of Bacterial Water Quality Objectives for Ocean Waters.”
History
Regional Board Resolution No. 97-20, adopted on April 18, 1997, by the Santa Ana Regional Water Quality Control Board (SARWQCB), modified the regulatory provisions of the Water Quality Control Plan for the Santa Ana River Basin by deleting ocean water bacterial objectives for water contact recreation and shellfish harvesting and continuing to incorporate by reference the objectives contained in the Water Quality Control Plan for Ocean Waters (Ocean Plan).
HISTORY
1. New section filed 10-14-97; operative 10-14-97. Revisions adopted by the Santa Ana Regional Water Quality Control Board (Resolution No. 97-20) on 4-18-97; approved by State Water Resources Control Board (Resolution No. 97-66); approved by OAL and effective per Government Code section 11353 (Register 97, No. 42).
§3973. Establishment of a Total Maximum Daily Load for Sediment in the Newport Bay/San Diego Creek Watershed.
History
Regional Board Resolution 98-69, adopted on April 17, 1998, and Regional Board Resolution No. 98-101, adopted on October 9, 1998, by the Santa Ana Regional Water Quality Control Board (SARWQCB), modified the regulatory provisions of the Water Quality Control Plan for the Santa Ana Region by establishing a Total Maximum Daily Load (TMDL) for sediment discharged in the Newport Bay (Bay)/San Diego Creek watershed (Watershed). Phase 1 of the TMDL provides: (1) quantifiable targets for sediment deposition in Upper Newport Bay and the annual sediment load entering the Watershed; (2) load allocations for sediment discharged from specific land uses in the Watershed; (3) allowances for waivers of waste discharge requirements for maintenance dredging of flood control channels and for drainage channelization and stabilization projects under specified conditions; (4) requirements for sediment control measures to reduce dredging frequency of in-Bay sediment basins; and (5) maintenance requirements for in-channel and foothill sediment basins. Phase 2 of the TMDL provides specific monitoring requirements and methods for reassessment of the TMDL and specifies that required monitoring plans be approved by the SARWQCB at a duly noticed public hearing as per Chapter 1.5, Division 3, Title 23 of the California Code of Regulations (Section 647 et seq.).
HISTORY
1. New section filed 2-2-99; amendments approved by OAL and effective per Government Code section 11353 on 2-2-99 (Register 99, No. 6).
§3974. Establishment of a Total Maximum Daily Load for Nutrients in the Newport Bay/San Diego Creek Watershed.
History
Regional Board Resolution Nos. 98-09 and 98-100, adopted by the Santa Ana Regional Water Quality Control Board (SARWQCB) on April 17, 1998, and October 9, 1998, respectively, modified the regulatory provisions of the Water Quality Control Plan for the Santa Ana Region by establishing a total maximum daily load (TMDL) for nutrients (e.g.; nitrogen and phosphorous) discharged in the Newport Bay/San Diego Creek watershed (Watershed). The TMDL specifies daily, seasonal, and/or annual targets and specific land use load allocations for nutrients in the Watershed and total nitrogen load allocations for San Diego Creek (Reach 2). Phase 1 of the TMDL provides compliance schedules for: (1) review and revision of water quality objectives, (2) establishment of new waste discharge requirements, (3) revision of existing waste discharge requirements, (4) establishment of a nutrient management program for agricultural activities, and (5) co-permittees of the urban stormwater permit to submit: (a) an analysis of best management practices (BMPs) to achieve short-term (5-year) interim targets and final nutrient load reduction targets through the Drainage Area Management Plan (DAMP) and (b) a proposal for evaluating the effectiveness of implemented, control actions and compliance with nutrient load allocations. The sediment TMDL is incorporated by reference as the implementation plan for achieving the phosphorus loading reduction specified in the nutrient TMDL. Phase 2 of the TMDL provides specific monitoring requirements and methods for reassessment of the TMDL. Programs and activities required by the TMDL must be approved by the SARWQCB at a duly noticed public hearing as per Chapter 1.5, Division 3, Title 23 of the California Code of Regulations (Section 647 et seq.). These programs and activities are: (1) the agricultural nutrient management plan; (2) the proposal and analysis of BMPs to be implemented through the DAMP; and (3) the Phase 2 regional monitoring program.
HISTORY
1. New section filed 2-10-99; basin plan amendment regulatory provisions approved by OAL and effective 2-10-99 pursuant to Government Code section 11353 (Register 99, No. 7).
§3975. Establishment of a Total Maximum Daily Load for Fecal Coliform Bacteria in the Newport Bay.
History
Regional Board Resolution No. 99-10, adopted on April 9, 1999, by the Santa Ana Regional Water Quality Control Board (SARWQCB), modified the regulatory provisions of the Water Quality Control Plan for the Santa Ana Region by establishing a Total Maximum Daily Load (TMDL) for fecal coliform bacteria discharged in the Newport Bay. The TMDL addresses impairment due to pathogens in Newport Bay in a prioritized, phased approach. Compliance with objectives to protect water contact recreation are to be achieved no later than 14 years after State approval of the TMDL; objectives to protect shellfish harvesting are to be met no later than 20 years after State approval of the TMDL. Concentration-based allocations are assigned for vessel waste, urban runoff, natural sources, and agricultural runoff. The TMDL will be reevaluated and revised, if appropriate, based on monitoring results and relevant studies. These studies include source identification and characterization, development of a bacterial water quality model, a shellfish harvesting and a water contact recreation beneficial use assessment, and evaluation of a vessel waste program. Revision of the TMDL would be considered through the Basin Plan amendment process. Upon completion and consideration of studies and any appropriate Basin Plan amendment, the Regional Board shall adopt a plan for achieving the targets. This plan will use a phased compliance approach with priorities and compliance schedules assigned based on the use and area affected and the nature, magnitude, and timing of violations. The fecal coliform TMDL contains an implicitly incorporated margin of safety by not applying adjustments for dilution, natural die-off, and tidal flushing.
HISTORY
1. New section filed 12-24-99; water quality control plan amendments approved by OAL and effective 12-24-99 pursuant to Government Code section 11353 (Register 99, No. 52).
§3976. Basin Plan Amendment Authorizing Schedules of Compliance in NPDES Permits.
History
On May 19, 2000, the Santa Ana Regional Water Quality Control Board (Santa Ana Regional Board) adopted Resolution No. 00-27 amending the Basin Plan to incorporate language that explicitly authorizes the Santa Ana Regional Board to include schedules of compliance in National Pollutant Discharge Elimination System permits for effluent limitations that implement water quality objectives or criteria that are adopted, revised, or newly interpreted after this Basin Plan amendment becomes effective. The amendment requires that dischargers requesting such a schedule(s) of compliance submit documentation that is to be justified and as short as possible. The amendment identifies the minimum documentation that is to be submitted and stipulates that the Santa Ana Regional Board may require additional documentation on a case-by-case basis. The amendment also stipulates that any approved compliance schedule shall not exceed ten years from the date of adoption or interpretation of the applicable water quality objective or criterion.
HISTORY
1. New section filed 6-28-2001; basin plan amendment regulatory provisions approved by OAL and effective 6-28-2001 pursuant to Government Code section 11353(b)(3) (Register 2001, No. 26).
§3977. Resolution No. R8-2003-0039 -- Amending the Water Quality Control Plan (Basin Plan) for the Santa Ana Region To Include a Total Maximum Daily Load (TMDL) for Chlorpyrifos and Diazinon in San Diego Creek and Upper Newport Bay.
History
Regional Board Resolution No. R8-2003-0039, adopted on April 4, 2003 by the Santa Ana Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan [Basin Plan] for the Santa Ana Region by establishing a TMDL for chlorpyrifos in Upper Newport Bay and diazinon and chlorpyrifos in San Diego Creek.
The amendment addresses water quality impairment due to aquatic toxicity caused by the presence of diazinon and chlorpyrifos in runoff to San Diego Creek and Upper Newport Bay. The amendment establishes load and wasteload allocations for San Diego Creek as listed in Table 1.
Table 1: Load and Wasteload Allocations for San Diego Creek
Diazinon (ng/L) Chlorpyrifos (ng/L)
Acute Chronic Acute Chronic
72 45 18 12.6
The amendment establishes load and wasteload allocations for Upper Newport Bay as listed in Table 2. These apply to chlorpyrifos only.
Table 2: Chlorpyrifos Load and Wasteload Allocations for Upper Newport Bay
Acute (ng/L) Chronic (ng/L)
18 8.1
The amendment includes an implementation plan that specifies completion of the following four tasks by stakeholders in the watershed and by the Regional Board:
(1) Revision of WDR and NPDES discharge permits to include the TMDL allocations;
(2) Implementation of monitoring program by the stakeholders in the watershed for diazinon and chlorpyrifos;
(3) Development of a pesticide runoff management plan by the Regional Board and the stakeholders in the watershed;
(4) Special Studies: the Regional Board will lead studies into the significance of chlorpyrifos atmospheric deposition for Upper Newport Bay and the adequacy of the freshwater allocations for San Diego Creek to protect Upper Newport Bay.
HISTORY
1. New section filed 1-5-2004; basin plan amendment regulatory provisions approved by OAL and effective 1-5-2004 pursuant to Government Code section 11353(b)(3) (Register 2004, No. 2).
§3978. Summary of Regulatory Provisions--Basin Plan Amendment Revising the Total Dissolved Solids and Nitrate-Nitrogen Management Plan for the Santa Ana Region. Regional Board Resolution No. R8-2004-0001.
History
This Basin Plan amendment establishes revised boundaries for groundwater management zones (formerly termed groundwater “subbasins”) throughout the Santa Ana Regional Water Quality Control Board. For each of the new management zones, this amendment identifies existing and potential beneficial use designations, and total dissolved solids (TDS) and nitrate-nitrogen water quality objectives based on historical water quality (“antidegradation” objectives). For certain management zones, this amendment establishes a second set of TDS and nitrate-nitrogen objectives. This second, less stringent set of objectives is based on the finding that water quality consistent with “maximum benefit to the people of the State” will be maintained (the “maximum benefit” objectives), provided that specific water and wastewater projects and programs are implemented. These project and program commitments are delineated in the revised Implementation Plan in the Basin Plan amendment (see below). The “maximum benefit” objectives apply unless the Regional Board finds that the maximum benefit project and program commitments are not being implemented and that the finding of maximum benefit cannot continue to be made. In that case, the “antidegradation” objectives would apply. To address this situation, the amendment specifies that mitigation for TDS and nitrate-nitrogen discharges in excess of discharge limitations based on the antidegradation objectives will be required. The amendment also revises the narrative water quality objectives for chloride, TDS, hardness, sodium, and sulfate applicable to groundwater.
The Basin Plan amendment establishes revised reach boundaries and revised numeric TDS and nitrate-nitrogen water quality objectives for the following surface water bodies: San Timoteo Creek, Chino Creek and Temescal Creek. For San Timoteo Creek, Reach 1A, the groundwater recharge designated use is deleted. No other changes to the beneficial use designations for these surface waters are included in the amendment.
The amendment establishes the Prado Basin Management Zone as a surface water feature. Beneficial uses and surface water quality objectives already established for the major tributary streams in the Prado Basin Management Zone apply for regulatory purposes.
This Basin Plan amendment incorporates revisions to the TDS and Nitrogen Implementation Plan, including the following provisions: revised wasteload allocations for Publicly Owned Treatment Works discharges of nitrogen and TDS to the Santa Ana River and tributaries; revised findings regarding nitrogen and TDS assimilative capacity in the new groundwater management zones; findings regarding nitrogen loss coefficients and their implementation in waste discharge requirements; special considerations for salt management of subsurface disposal system discharges; and monitoring program requirements.
For the agencies and dischargers that are implementing the “maximum benefit” TDS and nitrate-nitrogen objectives, the amendment specifies compliance dates for the implementation of certain projects and programs. The amendment also includes requirements for implementing salt reduction programs when management zone TDS and/or nitrate-nitrogen reach specified concentration trigger points. Finally, with regard to the implementation of the “maximum benefit” objectives, the amendment specifies that if the Regional Board determines that the agencies/dischargers have not complied with the specified requirements for implementation of projects/programs, the Regional Board, at a duly noticed public meeting, would make the determination that the lowering of water quality is not of “maximum benefit” to the people of the State and by default, the TDS and nitrate-nitrogen historical “antidegradation” objectives would apply. The Basin Plan amendment specifies that in this situation, the Regional Board will require mitigation for TDS and nitrate-nitrogen discharges in excess of waste discharge limitations based on the antidegradation objectives.
HISTORY
1. New section summarizing amendments to the Water Quality Plan for the Santa Ana River Basin filed 12-23-2004; amendments adopted by Santa Ana Regional Water Quality Control Board Resolution No. R8-2004-0001 1-22-2004; revised by Executive Officer Memo 7-12-2004; approved by State Water Resources Control Board Resolution No. 2004-0060 9-30-2004; approved by OAL pursuant to Government Code section 11353 and operative 12-23-2004 (Register 2004, No. 52).
§3979. Establish Nutrient Total Maximum Daily Loads (TMDLs) for Lake Elsinore and Canyon Lake in the Water Quality Control Plan (Basin Plan) for the Santa Ana Region.
History
On December 20, 2004, the Santa Ana Regional Water Quality Control Board adopted Resolution No. R8-2004-0037 to amend Chapter 5 of the Basin Plan to incorporate a nutrient TMDL for the control of nitrogen and phosphorus as factors contributing to the excessive algae growth and low dissolved oxygen in Lake Elsinore and Canyon Lake. The TMDL is intended to achieve compliance with existing Basin Plan water quality objectives to prevent excessive algae growth and low dissolved oxygen. The Basin Plan amendment specifies final numeric targets for total phosphorus and total nitrogen for both Lake Elsinore and Canyon Lake and also specifies interim and final numeric targets for chlorophyll a and dissolved oxygen for both lakes. Monitoring these parameters will provide a method of tracking improvements in water quality resulting from reduction in the loading of nitrogen and phosphorus.
The Basin Plan amendment specifies final TMDL wasteload allocations for point source discharges and load allocations for nonpoint source discharges for total nitrogen and total phosphorus for both Lake Elsinore and Canyon Lake. Finally, the Basin Plan amendment specifies an implementation plan for nutrient reduction in both lakes, which includes compliance schedules to meet interim numeric targets as soon as possible, but not later than 2015, and the final numeric targets by 2020, as well as a monitoring program to track progress toward compliance.
The amendment includes a brief description of the Lake Elsinore/San Jacinto watershed and the existing conditions contributing to water quality eutrophication problems. Lake Elsinore and Canyon Lake nutrient TMDL numeric targets, load capacity (nutrient TMDLs), wasteload allocations, load allocations, implementation tasks, and compliance dates, margin of safety, plus seasonal variations/critical conditions are discussed.
HISTORY
1. New section summarizing amendments to the Water Quality Plan for the Santa Ana River Basin filed 7-22-2005; amendments adopted by Santa Ana Regional Water Quality Control Board Resolution No. R8-2004-0037 12-20-2004; approved by OAL pursuant to Government Code section 11353 and operative 7-22-2005 (Register 2005, No. 29).
§3979.1. Basin Plan Amendment Establishing Total Maximum Daily Loads for Bacterial Indicators in the Middle Santa Ana River Watershed.
History
The Basin Plan amendment modifies the regulatory provisions of the Water Quality Control Plan for the Santa Ana Region by establishing Total Maximum Daily Loads (TMDLs) for bacterial indicators discharged to impaired water bodies in the Middle Santa Ana River watershed, including the Santa Ana River, Reach 3; Chino Creek, Reaches 1 and 2; Mill Creek (Prado Area); Cucamonga Creek (Valley Reach); and Prado Park Lake. The TMDLs address impairment due to bacterial indicators in the Middle Santa Ana River watershed in a prioritized phased approach. Compliance with objectives to protect water contact recreation are to be achieved no later than December 31, 2015 during the dry season and no later than December 31, 2025 during the wet season. Density-based allocations are assigned for urban discharges, agricultural discharges, and natural or open space discharges. These allocations are expected to be implemented through requirements imposed by the Santa Ana Regional Water Quality Control Board in waste discharge requirements and/or conditional waivers of waste discharge requirements. The TMDLs will be re-evaluated and revised, if appropriate, based on monitoring results and relevant studies required by the TMDL implementation plan. These studies include source evaluation and characterization, watershed-wide water quality monitoring, water contact recreation beneficial use assessments, and alternative bacterial indicator evaluations. Based on the results of these investigations, plans for achieving the TMDLs are to be developed by the stakeholders. Revision of the TMDLs would occur through the Basin Plan amendment process.
HISTORY
1. New section filed 9-1-2006; operative 9-1-2006. Revisions adopted by the Santa Ana Regional Water Quality Control Board (Resolution No. R8-2005-0001) on 8-26-2005; approved by State Water Resources Control Board (Resolution No. 2006-0030) on 5-15-2006; approved by OAL and effective per Government Code section 11353 (Register 2006, No. 35).
§3979.2. Nutrient Total Maximum Daily Load for Dry Hydrological Conditions for Big Bear Lake.
History
Santa Ana Regional Water Quality Control Board (Regional Board) Resolution No. RB8-2006-0023, adopted on April 21, 2006 by the Regional Board, modified the regulatory provisions of the Water Quality Control Plan for the Santa Ana Region (Basin Plan) by establishing a nutrient Total Maximum Daily Load (TMDL) for dry hydrological conditions for Big Bear Lake. The TMDL addresses impairment due to nutrients in Big Bear Lake in a phased approach. The Basin Plan specifies numeric total phosphorus and total inorganic nitrogen water quality objectives. However, due to data and analytical model limitations, it is infeasible to identify an appropriate and achievable nitrogen TMDL, targets and wasteload and load allocations at this time. The Basin Plan amendment requires the collection and evaluation of nitrogen data that will support future revision of the TMDL, if and as necessary. Compliance with objectives to protect cold and warm freshwater habitat, water contact and non-contact recreation, wildlife habitat, and rare, threatened, or endangered species are to be achieved no later than December 31, 2015 for dry hydrological conditions. Wasteload allocations are assigned for urban discharges, and load allocations are assigned for discharges from forests, resorts, atmospheric deposition, internal sediments, and macrophytes. The TMDL will be re-evaluated and revised, if appropriate, based on monitoring results and relevant studies. These studies include source evaluation and characterization, development of a lake management plan, watershed-wide and lakewide water quality monitoring, development/revision of a nutrient watershed and lake model and development of average/wet hydrological wasteload and load allocations. Revision of the TMDL, including compliance dates for all other hydrological conditions, would be considered through the Basin Plan amendment process. Upon completion and consideration of studies and any appropriate Basin Plan amendment, a plan or plans will be established for achieving the targets.
HISTORY
1. New section summarizing amendments to basin plan filed 8-21-2007; amendments approved by State Water Resources Control Board Resolution No. 2007-0013 on 4-3-2007; amendments approved by OAL pursuant to Government Code section 11353 on 8-21-2007 (Register 2007, No. 34).
§3979.3. Phased Waste Discharge Prohibition on the Use of Onsite Septic Tank-Subsurface Disposal Systems in the Quail Valley Area of Riverside County.
History
This amendment to the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) revises Chapter 5, Waste Discharge Prohibitions, Section D, “Prohibitions Applying to Groundwaters” in the Basin Plan per Resolution No. R8-2006-0024 of the Regional Water Quality Control Board, Santa Ana Region. The regulatory provisions in the Basin Plan are modified by establishing a phased waste discharge prohibition on the use of septic tank-subsurface disposal systems (septic systems) in the Quail Valley area of Riverside County. Currently, the Basin Plan has a prohibition on the use of septic systems for a number of locations within the Region. This Basin Plan amendment phases in the Quail Valley area to the list of areas where septic systems are prohibited.
The Basin Plan amendment prohibits the use of new septic systems in high density areas (sub areas four and nine) upon the effective date of the Resolution and requires all existing septic systems to connect to the sewer within one year of availability of sewers. However, it does not prohibit septic systems in areas where sewers are not feasible (low density areas).
HISTORY
1. New section summarizing amendments to basin plan filed 8-20-2007; amendments adopted by Santa Ana Regional Water Quality Control Board Resolution No. R8-2006-0024 on 10-3-2006; amendments approved by State Water Resources Control Board Resolution No. 2007-0038 on 6-19-2007; amendments approved by OAL pursuant to Government Code section 11353 on 8-20-2007 (Register 2007, No. 34).
§3979.4. San Jacinto Upper Pressure Groundwater Management Zone Total Dissolved Solids and Nitrate-nitrogen Water Quality Objectives and Implementation Plan.
History
On October 29, 2010, the Santa Ana Regional Water Quality Control Board (Santa Ana Water Board) adopted Resolution No. R8-2010- 0039, amending the Water Quality Control Plan for the Santa Ana Region. The State Water Resources Control Board (State Water Board) approved the amendment under Resolution No. 2012-0006 on February 7, 2012.
Resolution No. R8-2010-0039 establishes a second set of TDS and nitrate-nitrogen objectives for the San Jacinto Upper Pressure Management Zone. This second, less stringent set of objectives is based on the finding that water quality consistent with “maximum benefit to the people of the State” will be maintained (the “maximum benefit” objectives), provided that specific water and wastewater projects and programs are implemented by the principal agency that oversees water supply and wastewater collection and treatment -- Eastern Municipal Water District. These project and program commitments, and compliance dates, are delineated in the Implementation Plan and include requirements for implementing salt reduction programs when management zone TDS and/or nitrate-nitrogen reach specified concentration trigger points. Finally, with regard to the implementation of the “maximum benefit” objectives, if the Regional Board determines that Eastern Municipal Water District has not complied with the specified requirements for implementation of projects/programs, the Regional Board, at a duly noticed public meeting, would make the determination that the lowering of water quality is not of “maximum benefit” to the people of the state and by default, the established TDS and nitrate-nitrogen historical “antidegradation” Basin Plan objectives, which are based on historical quality conditions, would apply. In this situation, the Regional Board will require mitigation for TDS and nitrate-nitrogen discharges in excess of waste discharge limitations based on the antidegradation objectives.
HISTORY
1. New section summarizing amendments to basin plan filed 4-23-2012; amendments approved by State Water Resources Control Board Resolution No. 2012-0006 on 2-7-2012; amendments approved by OAL pursuant to Government Code section 11353 on 4-23-2012 (Register 2012, No. 17).
Article 9. San Diego Region
§3980. Escondido Hydrologic Subarea, Amendment.
History
This amendment to the Comprehensive Water Quality Control Plan for the San Diego Region (Basin Plan) relaxes the ground water quality objectives for total dissolved solids (TDS) from 750 milligrams per liter (mg/l) to 1,000 mg/l and for sulfate from 300 mg/l to 400 mg/l in the Escondido Hydrologic Subarea (HSA) (HSA 4.62).
HISTORY
1. New chapter 1, article 9 and section filed 5-5-94; operative 5-5-94. Resolution No. 93-02 adopted by San Diego Regional Water Quality Control Board 2-1-93. Resolution No. 93-51 adopted by State Water Resources Control Board 5-20-93. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 18).
§3981. Total Dissolved Solids and Boron Groundwater Quality Objectives for the Pauba and Wolf Hydrologic Subareas.
History
Resolution No. 94-09 of the California Water Quality Control Board, San Diego Region, “A Resolution Adopting Amendments to the Comprehensive Water Quality Control Plan for the San Diego Region, Portions of the Pauba (2.51) and Wolf (2.52) Hydrologic Subareas”, relaxed the ground water quality objectives for total dissolved solids and boron in the downstream portions of Pauba (2.51) and Wolf (2.52) Hydrologic Subareas to 750 mg/l for total dissolved solids and 0.75 mg/l for boron.
HISTORY
1. New section filed 8-16-94; operative 8-16-94. Resolution No. 94-09 adopted by San Diego Regional Water Quality Control Board 2-10-94. Resolution No. 94-45 adopted by State Water Resources Control Board 5-18-94. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 33).
§3982. Beneficial Uses and Ground Water Quality Objectives.
History
The following are changes to the Comprehensive Water Quality Control Plan for the San Diego Basin (Basin Plan): (1) Subdivided the Laguna Hydrologic Area (HA) (HA 901.10), Mission Viejo HA (HA 901.20), and San Clemente HA (HA 901.30) into hydrologic subareas (HSAs), (2) Relaxed ground water quality objectives for total dissolved solids (TDS) and boron in the San Joaquin Hills HSA (HSA 901.11), (3) Relaxed ground water quality objectives for TDS, nitrate, and boron in the Laguna Beach HSA (HSA 901.12), (4) Established more stringent ground water quality objectives for TDS, chloride, sulfate, and boron and designated the municipal and agricultural beneficial uses in the Aliso Creek HSA (HSA 901.13), (5) Established ground water quality objectives for TDS, chloride, sulfate, percent sodium, nitrate, iron, manganese, methylene blue active substances (MBAS), boron, turbidity, color, and fluoride and designated the agricultural beneficial uses in the Dana Point HSA (HSA 901.13), (6) Relaxed ground water quality objectives for TDS, chloride, sulfate, and boron in the Oso Creek HSA (HSA 901.21), Middle Trabuco HSA (HSA 901.23), Gobernadora HSA (HSA 901.24), Middle San Juan Creek HSA (HSA 901.26), Lower San Juan Creek HSA (HSA 901.27), and Ortega HSA (HSA 901.28), (7) Relaxed ground water quality objectives for TDS, chloride, sulfate, and boron in the Prima Desheca HSA (HSA 901.31), and (8) Established ground water quality objectives for TDS, chlorides, sulfate, percent sodium, nitrate, iron, manganese, MBAS, boron, odor, turbidity, color, and fluoride in the Segunda Desheca HSA (HSA 901.32).
HISTORY
1. New section filed 11-9-94; operative 11-9-94. Resolution No. 94-25 adopted by the San Diego Regional Water Quality Control Board on February 10, 1994. Resolution No. 94-61 adopted by the State Water Resources Control Board on July 21, 1994. Approved by OAL pursuant to Government Code section 11353 (Register 94, No. 45).
§3983. Revised Water Quality Control Plan for the San Diego Region.
History
The revised Water Quality Control Plan (Basin Plan) for the San Diego Region, as adopted September 10, 1994, by the San Diego Regional Water Quality Control Board, per Resolution No. 94-10 changes the regulatory provisions of the previous Basin Plan and its amendments as follows:
(a) Beneficial Use Categories and Definitions: Add definitions for “Aquaculture,” “Estuarine Habitat” and “Marine Habitat.” Revise beneficial use category definitions previously incorporated: Municipal and Domestic Supply” (MUN); Agricultural Supply”, “Industrial Process Supply,” “Ground Water Recharge,” “Freshwater Replenishment,” “Navigation”, “Contract Water Recreation,” “Non-contact Water Recreation,” “Cold Freshwater Habitat,” “Wildlife Habitat,” “Preservation of Biological Habitats of Special Significance,” “Rare, Threatened, and Endangered Species,” “Migration of Aquatic Organisms,” “Spawning, Reproduction, and/or Early Development,” and “Shellfish Harvesting.”
(b) Water Body Type Definitions: Add definitions for “inland surface waters”, “ground water”, and “coastal waters” (including ocean waters, enclosed bays, and estuaries).
(c) Inland Surface Waters, enclosed bays and estuaries, coastal lagoons, and ground waters: (1) Revise coliform concentration objective for waters designated for shellfish harvesting (SHELL); (2) Revise water quality objective for biostimulatory substances; (3) Amend numerical objective for boron; (4) Add narrative objective for natural color of fish; (5) Revise water quality objectives for inorganic chemicals for waters designated MUN; (6) Revise water quality objectives for chemical constituents for waters designated MUN; (7) Add maximum contaminant level numeric objective for toluene for waters designated MUN; (8) Add narrative objective for taste and odor of shellfish or other water resources used for human consumption; (9) Add numeric water quality objectives for toxic pollutants; (10) Add numeric objective for trihalomethanes in waters designated as MUN;
(d) Discharge Prohibitions: (1) Add principles for issuing or reviewing general waste discharge permits; (2) Add prohibition for discharge of waste to waters of the state; (3) Add prohibition for discharge of waste to land; (4) Add prohibition for discharge of pollutants or dredge and fill material to waters of the United States; (5) Amend prohibition for discharge of treated or untreated waste to water bodies designated for MUN use; (6) Amend prohibition for discharge of waste to inland surface waters; (7) Amend prohibition for discharge of waste resulting in flow, ponding, or surfacing on lands not under control of the discharger; (8) Amend prohibition for dumping, deposition, or discharge of waste directly into waters of the state; (9) Add prohibition for any discharge to a storm water conveyance not composed entirely of “stormwater”; (10) Amend prohibition for unauthorized discharge of treated or untreated sewage to waters of the state; (11) Add prohibition for discharge of industrial wastes to conventional septic tank/subsurface disposal systems; (12) Add prohibition for discharge of any radiological, chemical, or biological warfare agent; (13) Amend prohibition for discharge of earthen materials from any activity which results in deleterious bottom deposits, turbidity, or discoloration in waters of the state, (14) Add prohibition for discharge of treated or untreated sewage from vessels to Oceanside Harbor, and Dana Point Harbor; and (16) Revise prohibition for discharge of treated and untreated sewage to San Diego Bay.
(e) Water reclamation: (1) Add master requirements for suppliers or distributors of reclaimed water; (2) Add criteria for an exception to biostimulatory substances water quality objective for discharges to coastal water lagoons from pilot water reclamation projects; (3) Add alternative method of showing compliance with biostimulatory substances water quality objectives for inland surface waters downstream of lakes or reservoirs used for municipal water supply; (4) Revise the methodology for determining reclaimed water effluent limits; (5) Add policy regarding consideration of water Reclamation as an alternative to ocean disposal; (6) Add requirements for reclaimed water storage.
(f) Enforcement Actions: (1) Add criteria for selection of the appropriate enforcement action in response to an incident of noncompliance; (2) Add provision on enforcement actions against operators of Navy vessels.
(g) Add policy for regulation of individual domestic subsurface disposal systems, community sewerage systems, and alternative systems.
(h) Add provisions on testing to determine alternative for disposal of dredged material.
(i) Add policy for cleanup and abatement of contaminated soil and ground water.
HISTORY
1. New section summarizing regulatory provisions filed 4-26-95. Basin Plan revisions, as adopted per San Diego Regional Board Resolution No. 92-10 and approved by State Board Resolution No. 94-116, approved by OAL and effective per Government Code section 11353 on 4-26-95 (Register 95, No. 17).
2. Nonsubstantive amendments throughout the basin plan filed 4-25-2007; amendment adopted on 4-12-2006 by the San Diego Regional Water Quality Control Board Resolution No. R9-2006-0029; approved on 11-15-2006 by the State Water Resources Control Board Resolution No. 2006-0090 on 11-15-2006; approved by OAL pursuant to Government Code 11353 (Register 2007, No. 17).
§3984. Total Dissolved Solids Ground Water Quality Objective for the Poway (6.2) Hydrologic Area.
History
Regional Board Resolution No. 94-139, adopted on October 13, 1994, by the San Diego Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan (Basin Plan) for the San Diego Basin by relaxing the ground water quality objective for total dissolved solids from 750 milligrams per liter (mg/l) to 1,000 mg/l in the Poway (6.2) Hydrologic Area.
HISTORY
1. New section filed 5-18-95; operative 5-18-95. Resolution No. 94-139 adopted by the San Diego Regional Water Quality Control Board 10-13-94. Resolution No. 94-139 adopted by the State Water Resources Control Board 1-19-95. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 20).
§3985. Total Dissolved Solids Ground Water Quality Objective for the Moosa (903.13) and Valley Center (903.14) Hydrologic Subareas.
History
Regional Board Resolution No. 95-48, adopted on May 16, 1995, by the San Diego Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan (Basin Plan) for the San Diego Region by relaxing the ground water quality objective for total dissolved solids in the alluvial aquifer from 800 milligrams per liter (mg/l) to 1,200 mg/l in the Moosa Hydrologic Subarea (HSA) (HSA 903.13) and from 800 mg/l to 1,100 mg/l in the Valley Center HSA (HSA 903.14).
HISTORY
1. New section filed 12-18-95; operative 12-18-95. Resolution No. 95-48 adopted by the San Diego Regional Water Quality Control Board 5-16-95. Resolution No. 95-62 adopted by the State Water Resources Control Board 9-21-95. Approved by OAL pursuant to Government Code section 11353 (Register 95, No. 51).
§3986. Suspension of Enforcement of Effluent Limitations for Water Reclamation Projects Due to Water Supply Considerations.
History
Regional Board Resolution No. 95-95, adopted on October 12, 1995, by the San Diego Regional Water Quality Control Board (SDRWQCB), modified the regulatory provisions of the Water Quality Control Plan (Basin Plan) for the San Diego Region by establishing conditions whereby the SDRWQCB may authorize the Executive Officer to suspend formal enforcement of effluent limitations for water reclamation projects due to water supply considerations.
HISTORY
1. New section filed 11-21-96; operative 11-21-96 pursuant to Government Code section 11353. Resolution No. 95-95 adopted by the San Diego Regional Water Quality Control Board 10-12-95. Resolution No. 96-27 adopted by the State Water Resources Control Board 4-18-96 (Register 96, No. 47).
§3987. Exception to the Prohibition of Discharges of Recycled Wastewater to Surface Water Bodies Used for Municipal Water Supply.
History
Regional Board Resolution No. 96-30, adopted on May 9, 1996, by the San Diego Regional Water Quality Control Board (SDRWQCB), modified the regulatory provisions of the Water Quality Control Plan for the San Diego Region by establishing conditions whereby the SDRWQCB may grant an exception to the prohibition against the discharge of recycled water to lakes or reservoirs used for municipal water supply, or to their inland surface water tributaries.
HISTORY
1. New section filed 6-24-97; operative 6-24-97 pursuant to Government Code section 11353. Resolution No. 96-30 adopted by the San Diego Regional Water Quality Control Board 5-9-96. Resolution No. 96-86 adopted by the State Water Resources Control Board 11-21-96.
§3988. Revision of Beneficial Use Designations for Spawning/Reproduction, and/or Early Development and Cold Freshwater Habitat.
History
Regional Board Resolution No. 97-04 adopted on March 12, 1997 by the San Diego Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan for the San Diego Region by: (1) revising the beneficial use definition for “Spawning, Reproduction, and/or Early Development (SPWN)”, (2) designating the SPWN beneficial use in 76 water body segments, (3) designating the “Cold Freshwater Habitat (COLD)” beneficial use in 55 water body segments, and (4) deleting the COLD beneficial use designation from 68 water body segments.
HISTORY
1. New section filed 10-9-2001; operative 10-9-2001 pursuant to Government Code section 11353. Resolution No. 97-04 adopted by the San Diego Regional Water Quality Control Board 3-12-97 (Register 2001, No. 41).
§3989. Incorporating a Waste Discharge Requirement Waiver Policy for Certain Specific Types of Discharges.
History
The Policy waives waste discharge requirements for waste discharges if the Regional Board has determined that they are not against the public interest, and if they adhere to the stated mandated conditions. For each specific type of discharge, it was determined that it would not be against the public interest under one or more of the following circumstances: 1) the type of discharge is effectively regulated by other public agencies; 2) the type of discharge does not adversely affect the quality or the beneficial uses of the waters of the State; or 3) the type of discharge is not readily amenable to regulation through adoption of waste discharge requirements, but warrants Regional Board oversight to ensure compliance with the mandated conditions.
Through Regional Water Board Resolution R9-2007-0104, adopted October 30, 2007, the San Diego Regional Water Quality Control Board amended the Water Quality Control Plan for the San Diego Region (Basin Plan). On November 4, 2008, the State Water Resources Control Board (State Board) approved this amendment under State Board Resolution 2008-0081. This Basin Plan amendment incorporates the revised conditional waivers of waste discharge requirements for specific types of discharge within the San Diego Region.
The purpose of this Basin Plan amendment is to revise the conditional waivers in the Basin Plan to include waiver conditions that will minimize or eliminate the discharge or potential discharge of pollutants to waters of the state, as well as allow additional types of discharge to be eligible for conditional waivers. There are 35 (26 existing and 9 new) types of discharge for which the San Diego Water Board has proposed to conditionally waive the requirement to file a report of waste discharge (RoWD) and/or regulate under waste discharge requirements (WDRs). Instead of developing conditional waivers for each specific type of discharge, an integrated approach was developed to simplify the proposed conditional waivers. Types of discharge that are similar in nature or originate from a common setting or operation have been grouped together into a “discharge classification.” General Conditions were developed that are applicable to all specific types of discharge within a discharge classification, and Specific Conditions were developed for individual types of discharge if additional or discharge-specific conditions were necessary.
HISTORY
1. New section summarizing amendments to Water Quality Control Plan for the San Diego Region filed 8-19-2003; Water Quality Control Plan amendments adopted by the San Diego Regional Water Quality Control Board 9-11-2002 per Resolution No. R09-2002-0186, 2-5-2003 per Resolution No. R09-2003-0060, and 6-11-2003 per Resolution No. R09-2003-0262; approved by OAL and effective per Government Code section 11353 on 8-19-2003 (Register 2003, No. 34).
2. Summary of Water Quality Control Plan (Basin Plan) amendments filed 2-3-2009; amendments adopted by the San Diego Regional Water Quality Control Board 10-30-2007 per Resolution No. R9-2007-0104. Approved by the State Water Resources Control Board 11-4-2008 per Resolution No. 2008-0081; approved by OAL 2-3-2009 pursuant to Government Code section 11353 (Register 2009, No. 6).
§3989.1. Total Maximum Daily Load (TMDL) For Diazinon in the Chollas Creek Watershed, San Diego County.
History
The TMDL addresses toxicity in Chollas Creek caused by the pesticide diazinon. The concentration-based numeric targets and TMDL for diazinon were set equal to the California Department of Fish and Game freshwater Water Quality Criteria for diazinon. The acute Water Quality Criterion of 0.08 μg/L protects aquatic life from short-term exposure to diazinon, while the chronic criterion of 0.05 μg/L protects aquatic life from long-term diazinon exposure. The concentration-based wasteload and load allocations of this TMDL were assigned equally to all diazinon discharge sources in the Chollas Creek Watershed. All allocations were set at 90 percent of the numeric targets resulting in a diazinon allocation equal to 0.072 μg/L under acute exposure conditions (one-hour average) and a diazinon allocation of 0.045 μg/L under chronic exposure conditions (four-day average). Frequency of allowed exceedances are set at once every three years on the average. These allocations include an explicit 10 percent margin of safety to account for uncertainties in the TMDL analysis and represent approximately a 90 percent reduction from current loads.
The responsible parties are the Cities of San Diego, Lemon Grove, and La Mesa, the San Diego Unified Port District, the County of San Diego, and the California Department of Transportation. These entities are responsible for implementation of the TMDL and for reduction of their diazinon discharges. The Regional Board will revise the San Diego Municipal Separate Storm Sewer System Permit to make it consistent with the wasteload and load allocation part of this TMDL. Compliance with numeric limitations for diazinon will be required in accordance with a phased schedule of compliance.
HISTORY
1. New section summarizing amendments to Water Quality Control Plan for the San Diego Region filed 9-11-2003; Water Quality Control Plan amendments adopted by the San Diego Regional Water Quality Control Board 8-14-2002 per Resolution No. R9-2002-0123; approved by OAL and effective per Government Code section 11353 on 9-11-2003 (Register 2003, No. 37).
§3989.2. Total Maximum Daily Load for Dissolved Copper in Shelter Island Yacht Basin.
History
Resolution No. R9-2005-0019, adopted on February 9, 2005 by the San Diego Regional Water Quality Control Board (San Diego Water Board), modified the regulatory provisions of the Water Quality Control Plan for the San Diego Basin by establishing a Total Maximum Daily Load (TMDL) for Dissolved Copper in Shelter Island Yacht Basin (SIYB), San Diego Bay.
The TMDL addresses toxicity in SIYB caused primarily by copper-based antifouling paints. The numeric targets were set equal to water quality criteria for dissolved copper as set forth by the U.S. Environmental Protection Agency in the California Toxics Rule to protect aquatic life from acute and chronic toxicity. The numeric target for dissolved copper is 3.1 micrograms/liter (μg/L) for continuous or chronic exposure (4-day average) and 4.8 μg/L (1-hour average) for maximum or acute exposures, not to be exceeded more than once every three years.
The TMDL was calculated to be 567 kilograms/year of dissolved copper, amounting to a 76 percent reduction in current loading from copper-based antifouling paints. Most of the load reduction will be required from passive leaching, as well as to a lesser extent from underwater hull cleaning of copper-based antifouling paints.
The dischargers responsible for meeting the copper reductions and allocations are the San Diego Unified Port District, marina owners and operators at SIYB, boat owners at SIYB, underwater hull cleaners at SIYB, and the City of San Diego.
In order to implement the TMDLs, the San Diego Water Board will (1) coordinate with governmental agencies having legal authority over the use of copper-based antifouling paints, which are registered pesticides; (2) regulate the discharge of copper to SIYB waters through the issuance of Waste Discharge Requirements (WDRs), Waivers of WDRs, and/or adoption of Waste Discharge Prohibitions; and (3) amend Order No. 2001-01, “Waste Discharge Requirements for Discharges of Urban Runoff from the Municipal Separate Storm Sewer Systems” to require that discharges of copper into SIYB waters not increase via the City of San Diego's municipal separate storm sewer system from existing loadings. Compliance with the allocations will be required over a 17-year staged compliance schedule. The first stage consists of an initial 2-year orientation period during which no copper load reductions are required. The subsequent 15 year reduction period is comprised of three stages during which incremental copper load reductions are required as shown below.
Table 1. Interim Loading Targets for Attainment of the TMDL
Estimated Interim
Percent Reduction Reduction to Target Loading
Time from Current be Attained by (kg/year of
Stage Period Estimated Loading End of Year dissolved Cu)
Stage 1 Years 1-2 0% N/A N/A
Stage 2 Years 2-7 10% 7 1,900
Stage 3 Years 7-12 40% 12 1,300
Stage 4 Years 12-17 76% 17 567
HISTORY
1. New section summarizing amendments to Water Quality Control Plan for the San Diego Region filed 12-2-2005; amendments adopted by San Diego Regional Water Quality Control Board Resolution No. R9-2005-0019 2-9-2005; approved by OAL and operative 12-2-2005 pursuant to Government Code section 11353 (Register 2005, No. 48).
§3989.3. Total Maximum Daily Load for Total Nitrogen and Total Phosphorus in the Rainbow Creek Watershed.
History
Regional Board Resolution No. R9-2005-0036, adopted on February 9, 2005 by the San Diego Regional Water Quality Control Board, modified the regulatory provisions of the Water Quality Control Plan for the San Diego Region by (1) adding a footnote to Chapter 2 (Beneficial Uses) referencing Rainbow Creek's listing on the Clean Water Act Section 303(d) list, (2) adding text to Chapter 3 (Water Quality Objectives) referencing the 303(d) listing of Rainbow Creek and adoption of the TMDLs implementation plans in Chapter 4 (Implementation), and (3) adding text to Chapter 4 establishing total nitrogen and total phosphorus total maximum daily loads (TMDLs) for Rainbow Creek Watershed.
The TMDLs address impairment due to excess nutrients being discharged to the creek from land uses, including agricultural and residential uses, highway runoff, and contaminated groundwater. The numeric targets limit concentrations of nitrate to protect drinking water resources, and total nitrogen and total phosphorus to prevent the development of excessive algae that can lead to eutrophic conditions in Rainbow Creek. Compliance with objectives to protect municipal supply, water contact and non-water contact recreation, and aquatic and wildlife beneficial uses is to be achieved no later than 16 years after U.S. Environmental Protection Agency approval of the TMDLs. Load allocations are assigned for land uses, septic tank disposal systems, and air deposition. Waste load allocations are assigned for highway runoff and unidentified point sources. Reductions will be phased over the compliance period. Implementation includes investigations of groundwater contamination, water quality monitoring, and implementation of best management practices to control runoff. Additional regulatory enforcement options are to be used if necessary. The total nitrogen and total phosphorus TMDLs contain a five percent (5%) explicit margin of safety.
HISTORY
1. New section summarizing amendments to basin plan filed 2-1-2006; amendments approved by State Water Resources Control Board Resolution No. 2005-0085 on 11-16-2005; amendments approved by OAL pursuant to Government Code section 11353 on 2-1-2006 (Register 2006, No. 5).
§3989.4. Addition of Unnamed or Unidentified Water Bodies to the Beneficial Use Tables.
History
The amendment to the Water Quality Control Plan for the San Diego Basin (Basin Plan) adopted by the San Diego Regional Water Quality control Board (San Diego Water Board) in Resolution No. R9-2005-0239 replaces obsolete language, updates tables, and specifies new laws and regulations passed since 1994. Table 2-2 and Table 2-4 are updated to identify specific names and the beneficial uses for thirteen previously unnamed stream segments and two newly constructed reservoirs. The `Preservation of Biological Habitats of Special Significance' (BIOL) beneficial use is updated for waterbody segments within the beneficial use tables, and corrections to the water quality objective tables are made. The text describing marine life refuges is updated to bring the section up-to-date and Newport Beach Marine Life Refuge is removed since it is outside the San Diego region. The Plans and Policies section in Chapter 5 is updated to recognize `areas of special biological significance (ASBS) as a subset of `state water quality protection areas.' Also, typographical, spelling, and other errors are corrected.
HISTORY
1. New section summarizing amendments to Basin Plan filed 1-4-2007; amendments adopted by the San Diego Regional Water Quality Control Board 11-9-2005 per Resolution R9-2005-0239. Approved by the State Water Resources Control Board 9-21-2006 per Resolution 2006-0069; approved by OAL 1-4-2007 pursuant to Government Code section 11353 (Register 2007, No. 1).
§3989.6. Authorization of Compliance Time Schedules in NPDES Requirements.
History
CONCISE SUMMARY OF REGULATORY PROVISIONS
Resolution R9-2005-0238 -- Resolution Amending the Water Quality Control Plan for the San Diego Basin (9) to Incorporate Authorization for Compliance Time Schedules in National Pollutant Discharge Elimination System Requirements.
This amendment to the Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) authorizes compliance time schedules in Waste Discharge Requirements that implement National Pollutant Discharge Elimination System (NPDES) regulations and federal Clean Water Act requirements (NPDES requirements) issued by the San Diego Regional Water Quality Control Board (San Diego Water Board).
The language specifies that where the San Diego Water Board determines that it is infeasible for an existing discharger to achieve immediate compliance with new or more stringent water quality based effluent limitations or receiving water limitations that implement new, revised, or newly interpreted water quality objectives after November 9, 2005, and/or that resulted from new knowledge on the characteristics and impacts of the discharge for any pollutant for which a water quality objective was issued, revised, or newly interpreted after July 1, 1977, the San Diego Water Board may establish a compliance time schedule in the discharger's NPDES requirements.
The compliance time schedule shall include a time schedule for completing or achieving specific actions (including interim effluent limitations) that demonstrate reasonable progress toward compliance. The compliance time schedule shall contain a final compliance date, based on the shortest practicable time, required to achieve compliance. In addition, in all cases, the findings of the NPDES requirements shall specify the final effluent limitations.
NPDES requirements may not include a compliance time schedule that extends beyond five years from the date of order issuance, reissuance, or modification. The San Diego Water Board may grant an additional extension of up to five years, but only where the discharger has demonstrated satisfactory progress toward achieving compliance. In no case shall a compliance time schedule for these discharges exceed ten years from the date of adoption, revision, or interpretation of the applicable water quality objective, whichever is the shorter period of time.
To document the need for and justify the duration of any such compliance time schedule, a discharger must submit the following information, at a minimum: (1) the results of a diligent effort to quantify pollutant levels in the discharge and the sources of the pollutant(s) in the waste stream; (2) identification of the sources of the pollutant in the waste stream, documentation of source control efforts currently underway or completed, including compliance with any pollution prevention programs that have been established, and a proposed schedule for additional source control measures or waste treatment needed to meet the WQBELs and/or receiving water limitation; (3) evidence that the current discharge quality is the highest that can reasonably be achieved; and (4) a demonstration that the proposed schedule is as short as practicable, taking into account economic, technical, and other relevant factors. The need for and justification of the duration of any such compliance time schedule will be subject to San Diego Water Board review and approval.
HISTORY
1. New section summarizing amendments to Basin Plan filed 3-23-2007; amendments adopted by the San Diego Regional Water Quality Control Board 11-9-2005 per Resolution R9-2005-0238. Approved by State Water Resources Control Board Resolution No. 2006-0077 on 10-25-2006; approved by OAL pursuant to Government Code section 11353 on 3-23-2007 (Register 2007, No. 12).
§3989.7. Total Maximum Daily Load for Dissolved Copper, Lead and Zinc in Chollas Creek, Tributary to San Diego Bay.
History
Through Regional Water Board Resolution R9-2007-0043, adopted June 13, 2007, the San Diego Regional Water Quality Control Board amended the Water Quality Control Plan for the San Diego Region (Basin Plan). On July 15, 2008, the State Water Resources Control Board (State Water Board approved this amendment under State Water Board Resolution No. 2008-0054. This Basin Plan amendment establishes a Total Maximum Daily Load (TMDL) and associated load and wasteload allocations for copper, lead and zinc in Chollas Creek, and revises the Toxic Pollutants section of Chapter 3 to reference in the California Toxics Rule [40 CFR 131.38]. This amendment includes a program to implement the TMDL and monitor its effectiveness. Full implementation of the TMDLs for dissolved copper, lead and zinc shall be completed within 20 years from the effective date of the Basin Plan amendment. The compliance schedule for implementing the wasteload reductions required under these TMDLs is structured in a phased manner, with 80 percent of reductions required in 10 years, and 100 percent of reductions required within 20 years. The 20-year compliance schedule is contingent upon the discharges implementing integrated controls to achieve required copper, lead, zinc, indicator bacteria, diazinon, and trash reductions. Water quality monitoring will be necessary to assess progress in achieving wasteload allocations and compliance in Chollas Creek with the water quality criteria for dissolved copper, lead, and zinc.
HISTORY
1. New section summarizing amendments to Basin Plan filed 10-22-2008; amendments adopted by the San Diego Regional Water Quality Control Board 6-13-2007 per Resolution No. R9-2007-0043. Approved by the State Water Resources Control Board 7-15-2008 per Resolution No. 2008-0054; approved by OAL 10-22-2008 pursuant to Government Code section 11353 (Register 2008, No. 43).
§3989.8. Amendment to the Water Quality Control Plan for the San Diego Region to Incorporate Implementation Provisions for Indicator Bacteria Water Quality Objectives to Account for Loading from Natural Uncontrollable Sources Within the Context of a Total Maximum Daily Load (TMDL).
History
Through Regional Water Board Resolution R9-2008-0028, adopted on May 14, 2008, the San Diego Regional Water Quality Control Board amended the Water Quality Control Plan for the San Diego Region (Basin Plan). On March 17, 2009, the State Water Resources Control Board (State Water Board) approved this amendment under Resolution No. 2009-0030. This Basin Plan amendment incorporates implementation provisions for indicator bacteria water quality objectives to account for loading from natural uncontrollable sources using either a reference system antidegradation approach, or a natural source exclusion approach within the context of a TMDL. The reference system antidegradation approach or natural source exclusion approach only apply to municipal separate storm sewer system (MS4), concentrated animal feeding operations, and nonpoint source discharges. Furthermore, these approaches apply only during the development and implementation of indicator bacteria TMDLs.
HISTORY
1. New section summarizing amendments to Basin Plan filed 6-25-2009; amendments adopted by the San Diego Regional Water Quality Control Board 5-14-2008 per Resolution No. R9-2008-0028. Approved by the State Water Resources Control Board 3-17-2009 per Resolution No. 2009-0030; approved by OAL 6-25-2009 pursuant to Government Code section 11353 (Register 2009, No. 26).
§3989.9. Incorporate Total Maximum Daily Loads for Indicator Bacteria in Baby Beach in Dana Point Harbor and Shelter Island Shoreline Park in San Diego Bay.
History
Through Regional Water Board Resolution R9-2008-0027, adopted on June 11, 2008, the San Diego Regional Water Quality Control Board amended the Water Quality Control Plan for the San Diego Region (Basin Plan). On June 16, 2009, the State Water Resources Control Board (State Water Board) approved this amendment under Resolution No. 2009-0053. This Basin Plan amendment incorporates Total Maximum Daily Loads (TMDLs) for indicator bacteria in Baby Beach in Dana Point Harbor and Shelter Island Shoreline Park in San Diego Bay.
The numeric targets for these TMDLs were set equal to the recreational water contact beneficial use water quality objectives for total coliform, fecal coliform, and Enterococci indicator bacteria prescribed in the Basin Plan. Specific segments of San Diego Bay and Dana Point Harbor in the San Diego Region were placed on the List of Water Quality Limited Segments because levels of total coliform, fecal coliform and/or Enterococci at those locations exceeded water quality objectives for water-contact recreation (REC-1) beneficial use.
Since the numeric targets in the TMDLs are equal to the water quality objectives for total coliform, fecal coliform, and Enterococci bacteria, attainment of the TMDLs will ensure attainment of these water quality objectives. Applicable National Pollutant Discharge Elimination System permit requirements for municipal storm water discharges will be re-issued or revised to include requirements that will implement the TMDLs.
HISTORY
1. New section summarizing amendments to basin plan filed 9-15-2009; amendments approved by State Water Resources Control Board Resolution No. 2009-0053 on 6-16-2009; amendments approved by OAL pursuant to Government Code section 11353 on 9-15-2009 (Register 2009, No. 38).
§3990. Revised Total Maximum Daily Loads for Indicator Bacteria, Project I -- Twenty Beaches and Creeks in the San Diego Region (Including Tecolote Creek).
History
On February 10, 2010, the San Diego Regional Water Quality Control Board (San Diego Water Board) adopted Resolution No. R9-2010-0001, an amendment to the Water Quality Control Plan for the San Diego Region (Basin Plan) that incorporates Revised Total Maximum Daily Loads (TMDLs) for Indicator Bacteria, Project I -- Twenty Beaches and Creeks in the San Diego Region (including Tecolote Creek). The State Water Resources Control Board approved this amendment under Resolution No. 2010-0064 on December 14, 2010.
The purpose of these TMDLs is to restore and protect the recreational beneficial uses of the receiving waters of 12 Pacific Ocean shoreline segments, 2 creek mouths, and 6 creeks. The numeric targets for these TMDLs include the recreational water contact beneficial use water quality objectives for total coliform, fecal coliform, and Enterococcus indicator bacteria prescribed in the Basin Plan, and allowable wet weather and dry weather exceedance frequencies.
The TMDLs will be implemented primarily by reissuing or revising the existing National Pollution Discharge Elimination System (NPDES) waste discharge requirements for the Phase I and Caltrans municipal separate storm sewer systems (MS4s). The Phase I and Caltrans MS4s are required to meet and maintain the water quality objectives in the receiving waters and achieve the TMDLs within the compliance schedules prescribed in the amendment. Other discharges identified as significant sources of bacteria (e.g., agriculture) will also be required to meet and maintain the water quality objectives in the receiving waters. Future actions that may be implemented, as necessary, by the San Diego Water Board include issuing investigative orders, enforcement actions, conditional waivers, and/or waste discharge requirements, as well as developing subsequent Basin Plan amendments to refine the provisions of these TMDLs. The San Diego Water Board will initiate a Basin Plan amendment project to revise the requirements and/or provisions for implementing these TMDLs within 5 years from the effective date of this Basin Plan amendment, unless insufficient data exist to support the initiation of a Basin Plan amendment.
HISTORY
1. New section summarizing amendment to basin plan filed 4-4-2011; amendment approved by State Water Resources Control Board Resolution No. 2010-0064 on 12-14-2010; amendment approved by OAL pursuant to Government Code section 11353 on 4-4-2011 (Register 2011, No. 14).
Division 5. Prevention of Waste, Unreasonable Use or Diversion of Water (State Water Resources Control Board and Department of Water Resources)
Chapter 1. Procedures
Note • History
As used in this chapter, the terms listed below shall have the meanings noted:
(a) “board” shall mean the State Water Resources Control Board.
(b) “department” shall mean the Department of Water Resources.
(c) “misuse of water” or “misuse” shall mean any waste, unreasonable use, unreasonable method of use, unreasonable method of diversion of water, or any public nuisance as defined in Water Code Section 305.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: California Constitution, Article X, Section 2 and Sections 100, 275, and 301, Water Code.
HISTORY
1. New Chapter 5 (Subchapter 1, Sections 4000-4007) filed 7-6-79 by Department of Water Resources and State Water Resources Control Board; effective thirtieth day thereafter (Register 79, No. 27).
Note
(a) Upon request of the board, or upon its own motion, or upon good cause shown by any interested person, and in furtherance of Water Code Sections 100, 101, 275, 304, and 305, the department shall investigate any misuse of water.
(b) Where it appears that the department could be a party to a misuse of water, or has a direct interest in the misuse by virtue of being a permit holder, or having a contractual or other interest in the specific case, which might conflict materially with its responsibilities under this chapter, the department shall suspend its investigation and notify the board. Upon any such notification, or upon its own motion or good cause shown by any interested person, the board shall determine whether the department has an interest in the misuse which would impair its ability to carry out its responsibilities under this chapter. If the board determines that such an interest exists, it shall request the department to suspend its investigation, or to continue the investigation under the board's direct supervision. If the department suspends its investigation, the board may continue the investigation.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: Sections 183, 225-236, 275, and 1051, Water Code.
§4002. Notifications and Responses.
Note
(a) If preliminary investigation indicates that misuse of water has occurred or is occurring, the department shall notify the appropriate local governmental entity or water supplier with authority to regulate water use. The notification shall request the entity or supplier to take action within a reasonable time set by the department to terminate such misuse of water, or demonstrate to the satisfaction of the department that such misuse has not occurred or is not occurring.
(b) In the event the local governmental entity or water supplier fails or is unable to perform the actions set forth in subsection (a) above, within a reasonable time set by the department, the department shall notify the person or persons who are a party to the misuse of water or public nuisance, and may thereafter allow a reasonable period of time in which to terminate such misuse or demonstrate to the satisfaction of the department that such misuse or public nuisance has not occurred or is not occurring.
(c) Where such preliminary investigation is conducted by the board, the board shall follow the procedures in subsections (a) and (b) above.
(d) If the misuse of water is corrected to the department's satisfaction, or if the department finds that a misuse does not exist, it shall notify the board. The board shall not thereafter conduct a hearing pursuant to Section 4003 unless it has information to believe the misuse has not been corrected, or that a misuse exists, or may occur.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: California Constitution, Article X, Section 2 and Sections 100, 183, 225-236, 275, 305, and 1051, Water Code.
§4003. Further Investigations.
Note
The board may, prior to hearing, require the department to conduct any further investigations which it finds to be necessary, or to set forth further reasons why the department believes that a misuse exists.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: Sections 183, 225-236, 275, and 1051, Water Code.
§4004. Hearing Before the Board.
Note
At the end of the time set by the department to terminate the misuse of water or to demonstrate that misuse has not occurred or is not occurring, upon reference by the department, or upon good cause shown by any interested persons, or upon its own motion, the board may hold a hearing to determine if such nuisance, waste, unreasonable use, method of use, or method of diversion has occurred or continues to occur.
(a) Where the department has referred a misuse of water to the board for hearing, the department shall present evidence of misuse of water at such hearing.
(b) After hearing, the board may issue its order requiring prevention or termination of the misuse.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: California Constitution, Article X, Section 2 and Sections 100, 183, 184, and 275, Water Code.
§4005. Noncompliance with Order: Revocation of Entitlement.
Note
If a respondent refuses or neglects to comply with any order issued pursuant to Section 4004 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed by the board, and if such order includes a finding that a misuse has occurred or continues to occur in connection with exercise of a right evidenced by a permit or license issued by the board, a revocation action may be commenced by the board pursuant to Article 5 of Chapter 6 in the case of a permit or pursuant to Article 7 of Chapter 9 in the case of a license, of Part 2 of Division 2 of the Water Code.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: California Constitution, Article X, Section 2 and Sections 100, 275, 1253, 1410, and 1675, Water Code.
§4006. Noncompliance with Order: Enforcement by Attorney General.
Note • History
If a respondent fails or refuses to comply with any order issued pursuant to Section 4004 within such reasonable period of time as allowed by the board, or such extension thereof as may for good cause be allowed by the board, and if such order includes a finding that the misuse has occurred or continues to occur in connection with acts by a person not subject to a permit or license issued by the board, the board may refer the matter to the Attorney General for appropriate legal action.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: California Constitution, Article X, Section 2 and Sections 100 and 275, Water Code.
HISTORY
1. Amendment filed 1-16-80 as procedural and organizational; effective thirtieth day thereafter (Register 80, No. 3).
Note
Nothing contained in this chapter shall be construed as a limitation or constraint on the authority of the board or the department to prevent independently the misuse of water.
NOTE
Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference: Section 275, Water Code.
Division 6. Delta Stewardship Council
§5000. Conflict-of-Interest Code.
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the Delta Stewardship Council (Council).
Individuals holding designated positions shall file their statements of economic interests with the Council, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) Upon receipt of the statements for the Members of the Board and Executive Officer of the Council, the Council shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the Council.
Appendix A Designated Positions
Designated Positions Disclosure Category
Chair and Board Members 1
Assistant to the Chair 1
Executive Officer 1
Chief Deputy Executive Officer 1
Deputy Executive Officer 1
Chief Counsel 1
Legislative Director 1
Lead Scientist 1
IEP Lead Scientist 1
Member, Independent Science Board 1
Chief Information Security Officer 2
Staff Services Manager I 2
Staff Services Manager II (Accounting, Budgets & Contracts) 1
Staff Services Manager II (Business Services, HR & IT) 1
Staff Services Manager III (Assistant Executive Officer) 1
Information Officer 1
Program Manager I 2
Program Manager II 1
Program Manager III 1
Environmental Program Manager 2
Supervising Engineer 2
Consultant *
*Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Officer may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and, thus, is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Officer's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.)
Appendix B Disclosure Categories
Category 1
Every person in this category must report: All interests in real property in the State of California, as well as investments, business positions in business entities, and sources of income, including gifts, loans and travel payments.
Category 2
Every person in this category must report:
All interests in real property located within or not more than two miles outside the boundaries of the Delta, as defined by Water Code Section 85058.
All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, from entities of the type that provide services, supplies, materials, machinery or equipment of the type utilized by the Council, including, but not limited to, environmental documents such as environmental impact reports, environmental assessments, engineering reports, geologic or hydrologic evaluations, and biological assessments, as well as entities of the type that receive grants or loans from, through, or upon the recommendation of, the Council.
NOTE
Authority cited: Sections 85000, et seq., Water Code; and Sections 87300 and 87304, Government Code. Reference: Sections 87300, et seq., Government Code.
HISTORY
1. New division 6 (section 5000) and new section and Appendices A and B filed 1-18-2011; operative 2-17-2011. Approved by Fair Political Practices Commission 12-24-2010 (Register 2011, No. 3).