reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 1 - Administrative Enforcement and Remedies › Section 13307.1.

13307.1. (a) The state board and the regional boards shall not consider cleanup or site closure proposals from the primary or active responsible discharger, issue a closure letter, or make a determination that no further action is required with respect to a site subject to a cleanup or abatement order pursuant to Section 13304, unless all current record owners of fee title to the site of the proposed action have been notified of the proposed action by the state board or regional board.
(b) The state board and regional boards shall take all reasonable steps necessary to accommodate responsible landowner participation in the cleanup or site closure process and shall consider all input and recommendations from any responsible landowner wishing to participate.
(c) In addition to the requirements of subdivision (a), if the state board or the regional board finds that the property is not suitable for unrestricted use and that a land use restriction is necessary for the protection of public health, safety, or the environment, then the state board and the regional boards may not issue a closure letter, or make a determination that no further action is required, with respect to a site that is subject to a cleanup or abatement order pursuant to Section 13304 and that is not an underground storage tank site, unless a land use restriction is recorded or required to be recorded pursuant to Section 1471 of the Civil Code.
(Amended by Stats. 2003, Ch. 62, Sec. 313. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 1 - Administrative Enforcement and Remedies › Section 13307.5.

13307.5. (a) The regional board shall take all of the following actions when reviewing or approving a cleanup proposal from a primary or active responsible discharger with respect to a site issued a cleanup and abatement order pursuant to Section 13304:
(1) Provide to all of the following, notification, in a factsheet format or another appropriate format, in English and any other languages commonly spoken in the area, as appropriate, of the proposed decision to approve the cleanup proposal for the site, including a contact list of appropriate regional board staff:
(A) An affected or potentially affected property owner, resident, or occupant in the area of the site.
(B) An appropriate governmental entity, including a local governmental entity with jurisdiction over the site.
(2) Provide timely access to written material, including reports and plans, addenda, and other supporting documentation, including materials listed as references, at the regional board’s office and at a local repository in the area of the site, and, to the maximum extent possible, by posting on the Internet and acting in accordance with subdivision (a) of Section 13196.
(3) Provide no less than 30 days for an interested person to review and comment on the cleanup proposal regarding the site. The regional board shall consider any comments received before taking final action on a cleanup proposal regarding the site.
(4) Conduct a public meeting in the area of the site during the public comment period pursuant to paragraph (3), if any of the following conditions applies:
(A) A public meeting is requested by an affected or potentially affected property owner, resident, or occupant, in the area of the site.
(B) The level of expressed public interest warrants the conduct of a public meeting.
(C) A public meeting is specifically mandated by statute.
(D) The regional board determines that the existing site contamination poses a significant public health threat.
(b) In undertaking the requirements of this section, a regional board shall, to the extent possible, coordinate and integrate the public participation activities described in this section with those undertaken by the host jurisdiction and other public entities associated with development, investigation, or the response action at the site, in order to avoid unnecessary duplication and to integrate the public participation efforts of local government.
(c) For purposes of this section, “site” has the same meaning as defined in Section 25395.79.2 of the Health and Safety Code.
(Added by Stats. 2006, Ch. 562, Sec. 3. Effective January 1, 2007.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 1 - Administrative Enforcement and Remedies › Section 13307.6.

13307.6. (a) In addition to the requirements of Section 13307.5, the regional board may develop and use any of the following procedures to disseminate information and assist the regional board in gathering community input regarding a site, if the regional board determines there is expressed community interest in the site, or the existing site contamination poses a significant public health threat:
(1) An annual factsheet.
(2) Internet posting or electronic distribution of an electronic copy of a document or report.
(3) An electronic comment or electronic feedback form.
(4) Formation and facilitation of an advisory group.
(5) An additional public meeting or workshop.
(6) Extension of a public comment period.
(7) Preparation of a public participation plan.
(8) Creation of a mailing list for notifying an interested party of a major regional board decision and the regional board’s proposed or planned activity regarding the site.
(b) For purposes of this section, “site” has the same meaning as defined in Section 25395.79.2 of the Health and Safety Code.
(Added by Stats. 2006, Ch. 562, Sec. 4. Effective January 1, 2007.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 1 - Administrative Enforcement and Remedies › Section 13308.

13308. (a) If the regional board determines there is a threatened or continuing violation of any cleanup or abatement order, cease and desist order, or any order issued under Section 13267 or 13383, the regional board may issue an order establishing a time schedule and prescribing a civil penalty which shall become due if compliance is not achieved in accordance with that time schedule.
(b) The amount of the civil penalty shall be based upon the amount reasonably necessary to achieve compliance, and may not include any amount intended to punish or redress previous violations. The amount of the penalty may not exceed ten thousand dollars ($10,000) for each day in which the violation occurs.
(c) Any person who fails to achieve compliance in accordance with the schedule established in an order issued pursuant to subdivision (a) shall be liable civilly in an amount not to exceed the amount prescribed by the order. The regional board may impose the penalty administratively in accordance with Article 2.5 (commencing with Section 13323). If the regional board imposes the penalty in an amount less than the amount prescribed in the order issued pursuant to subdivision (a), the regional board shall make express findings setting forth the reasons for its action based on the specific factors required to be considered pursuant to Section 13327.
(d) The state board may exercise the powers of a regional board under this section if the violation or threatened violation involves requirements prescribed by an order issued by the state board.
(e) Funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account.
(f) Civil liability may be imposed pursuant to this section only if civil liability is not imposed pursuant to Section 13261, 13265, 13268, 13350, or 13385.
(Added by Stats. 1994, Ch. 45, Sec. 3. Effective January 1, 1995.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 2 - Administrative Review by the State Board › Section 13320.

13320. (a) Within 30 days of any action or failure to act by a regional board under subdivision (c) of Section 13225, Article 4 (commencing with Section 13260) of Chapter 4, Chapter 5 (commencing with Section 13300), Chapter 5.5 (commencing with Section 13370), Chapter 5.9 (commencing with Section 13399.25), or Chapter 7 (commencing with Section 13500), an aggrieved person may petition the state board to review that action or failure to act. In case of a failure to act, the 30-day period shall commence upon the refusal of the regional board to act, or 60 days after request has been made to the regional board to act. The state board may, on its own motion, at any time, review the regional board’s action or failure to act.
(b) The evidence before the state board shall consist of the record before the regional board, and any other relevant evidence which, in the judgment of the state board, should be considered to effectuate and implement the policies of this division.
(c) The state board may find that the action of the regional board, or the failure of the regional board to act, was appropriate and proper. Upon finding that the action of the regional board, or the failure of the regional board to act, was inappropriate or improper, the state board may direct that the appropriate action be taken by the regional board, refer the matter to another state agency having jurisdiction, take the appropriate action itself, or take any combination of those actions. In taking any action, the state board is vested with all the powers of the regional boards under this division.
(d) If a waste discharge in one region affects the waters in another region and there is any disagreement between the regional boards involved as to the requirements that should be established, either regional board may submit the disagreement to the state board, which shall determine the applicable requirements.
(e) If a petition for state board review of a regional board action on waste discharge requirements includes a request for a stay of the waste discharge requirements, the state board shall act on the requested stay portion of the petition within 60 days of accepting the petition. The board may order any stay to be in effect from the effective date of the waste discharge requirements.
(Amended by Stats. 2010, Ch. 288, Sec. 30. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 2.5 - Administrative Civil Liability › Section 13323.

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

13326. No person shall be subject to both civil liability imposed under this article and civil liability imposed by the superior court under Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) for the same act or failure to act.
(Added by Stats. 1984, Ch. 1541, Sec. 4.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 2.5 - Administrative Civil Liability › Section 13327.

13327. In determining the amount of civil liability, the regional board, and the state board upon review of any order pursuant to Section 13320, shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters as justice may require.
(Amended by Stats. 2001, Ch. 869, Sec. 4.5. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 2.5 - Administrative Civil Liability › Section 13328.

13328. After the time for judicial review under Section 13330 has expired, the state board may apply to the clerk of the appropriate court in the county in which the civil liability or penalty was imposed, for a judgment to collect the civil liability or penalty. The application, which shall include a certified copy of the state board or regional board action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered.
(Amended by Stats. 2002, Ch. 420, Sec. 8. Effective January 1, 2003.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 3 - Judicial Review and Enforcement › Section 13331.

13331. (a) Upon the failure of any person or persons to comply with any cease and desist order issued by a regional board or the state board, the Attorney General, upon request of the board, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining such person or persons from continuing the discharge in violation of the cease and desist order.
(b) The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant such prohibitory or mandatory relief as may be warranted.
(Amended by Stats. 1996, Ch. 659, Sec. 25. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 4 - Summary Judicial Abatement › Section 13340.

13340. Whenever a regional board finds that a discharge of waste within its region is taking place or threatening to take place which does or will cause a condition of pollution or nuisance, constituting an emergency requiring immediate action to protect the public health, welfare, or safety, the Attorney General, upon request of the board, shall petition the superior court to enjoin such discharge. The court shall have jurisdiction to grant such prohibitory or mandatory injunctive relief as may be warranted by way of temporary restraining order, preliminary injunction, and permanent injunction.
(Added by Stats. 1969, Ch. 482.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 5 - Civil Monetary Remedies › Section 13351.

13351. In determining the amount of civil liability to be imposed pursuant to this chapter, the superior court shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and such other matters as justice may require.
(Amended by Stats. 2001, Ch. 869, Sec. 6. Effective January 1, 2002.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 6 - General Provisions Relating to Enforcement and Review › Section 13360.

13360. (a) No waste discharge requirement or other order of a regional board or the state board or decree of a court issued under this division shall specify the design, location, type of construction, or particular manner in which compliance may be had with that requirement, order, or decree, and the person so ordered shall be permitted to comply with the order in any lawful manner. However, the restrictions of this section shall not apply to waste discharge requirements or orders or decrees with respect to any of the following:
(1) Discharge of solid waste to disposal sites other than evaporation ponds from which there is no drainage or seepage which requires the installation of riprap, the construction of walls and dikes, the installation of surface and underground drainage facilities to prevent runoff from entering the disposal area or leakage to underground or surface waters, or other reasonable requirements to achieve the above or similar purposes.
(2) Discharges of waste or fluid to an injection well, except any well which is regulated by the Division of Oil and Gas in the Department of Conservation pursuant to Division 3 (commencing with Section 3000) of the Public Resources Code and Subpart F of Part 147 of Title 40 of the Code of Federal Regulations and is in compliance with that division and Subpart A (commencing with Section 146.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations.
(b) If the court, in an action for an injunction brought under this division, finds that the enforcement of an injunction restraining the discharger from discharging waste would be impracticable, the court may issue any order reasonable under the circumstances requiring specific measures to be undertaken by the discharger to comply with the discharge requirements, order, or decree.
(Amended by Stats. 1986, Ch. 1013, Sec. 9. Effective September 23, 1986.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 6 - General Provisions Relating to Enforcement and Review › Section 13361.

13361. (a) Every civil action brought under the provisions of this division at the request of a regional board or the state board shall be brought by the Attorney General in the name of the people of the State of California and any of those actions relating to the same discharge may be joined or consolidated.
(b) Any civil action brought pursuant to this division shall be brought in a county in which the discharge is made, or proposed to be made. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.
(c) In any civil action brought pursuant to this division in which a regional board or the state board seeks a temporary restraining order, preliminary injunction, or permanent injunction, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued, or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and proof.
(Amended by Stats. 2016, Ch. 523, Sec. 4. (AB 2446) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 6 - General Provisions Relating to Enforcement and Review › Section 13362.

13362. A publicly owned treatment works (POTW) with an approved pretreatment program may conduct inspections in accordance with the provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40 of the Code of Federal Regulations and assess and collect civil penalties and civil administrative penalties in accordance with Sections 54740, 54740.5, and 54740.6 of the Government Code, with regard to all dischargers of industrial waste to the POTW.
(Added by Stats. 1999, Ch. 92, Sec. 5. Effective January 1, 2000. See the prevailing Section 13362 added by Stats. 1999, Ch. 92, with the same substantive provisions.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5 - Enforcement and Implementation › ARTICLE 6 - General Provisions Relating to Enforcement and Review › Section 13362.

13362. (a) A publicly owned treatment works (POTW) with an approved pretreatment program may conduct inspections in accordance with the provisions of Sections 403.8(f)(1)(v) and 403.8(f)(2)(v) of Title 40 of the Code of Federal Regulations and assess and collect civil penalties and civil administrative penalties in accordance with Sections 54740, 54740.5, and 54740.6 of the Government Code, with regard to all dischargers of industrial waste to the POTW.
(b) This section prevails over Section 13362, as added to the Water Code by Assembly Bill 1104 of the 1999–2000 Regular Session.
(Added by Stats. 1999, Ch. 93, Sec. 5. Effective January 1, 2000.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.4 - Nonpoint Source Pollution Control Program › Section 13369.

13369. (a) The state board, in consultation with the regional boards, the California Coastal Commission, and other appropriate state agencies and advisory groups, as necessary, shall prepare a detailed program for the purpose of implementing the state’s nonpoint source management plan. The board shall address all applicable provisions of the Clean Water Act, including Section 319 (33 U.S.C. Sec. 1329), as well as Section 6217 of the federal Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. Sec. 1455b), and this division in the preparation of this detailed implementation program.
(b) (1) The program shall include all of the following components:
(A) Nonregulatory implementation of best management practices.
(B) Regulatory-based incentives for best management practices.
(C) The adoption and enforcement of waste discharge requirements that will require the implementation of best management practices.
(2) In connection with its duties under this subdivision to prepare and implement the state’s nonpoint source management plan, the state board shall develop, on or before February 1, 2001, guidance to be used by the state board and the regional boards for the purpose of describing the process by which the state board and the regional boards will enforce the state’s nonpoint source management plan, pursuant to this division.
(Amended by Stats. 2012, Ch. 728, Sec. 182. (SB 71) Effective January 1, 2013.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13370.

13370. The Legislature finds and declares as follows:
(a) The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, provides for permit systems to regulate the discharge of pollutants and dredged or fill material to the navigable waters of the United States and to regulate the use and disposal of sewage sludge.
(b) The Federal Water Pollution Control Act, as amended, provides that permits may be issued by states which are authorized to implement the provisions of that act.
(c) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, to enact this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, provided, that the state board shall request federal funding under the Federal Water Pollution Control Act for the purpose of carrying out its responsibilities under this program.
(Amended by Stats. 1987, Ch. 1189, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13370.5.

13370.5. (a) The Legislature finds and declares that, since the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, and applicable federal regulations (40 C.F.R. 403 et seq.) provide for a pretreatment program to regulate the discharge of pollutants into publicly owned treatment works and provide that states with approved national pollutant discharge elimination system (NPDES) permit programs shall apply for approval of a state pretreatment program, it is in the interest of the people of the state to enact this section in order to avoid direct regulation by the federal government of publicly owned treatment works already subject to regulation under state law pursuant to this division.
(b) The state board shall develop a state pretreatment program and shall, not later than September 1, 1985, apply to the Environmental Protection Agency for approval of the pretreatment program in accordance with federal requirements.
(Added by Stats. 1984, Ch. 1542, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13372.

13372. (a) This chapter shall be construed to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. To the extent other provisions of this division are consistent with the provisions of this chapter and with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, those provisions apply to actions and procedures provided for in this chapter. The provisions of this chapter shall prevail over other provisions of this division to the extent of any inconsistency. The provisions of this chapter apply only to actions required under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.
(b) The provisions of Section 13376 requiring the filing of a report for the discharge of dredged or fill material and the provisions of this chapter relating to the issuance of dredged or fill material permits by the state board or a regional board shall be applicable only to discharges for which the state has an approved permit program, in accordance with the provisions of the Federal Water Pollution Control Act, as amended, for the discharge of dredged or fill material.
(Amended by Stats. 2003, Ch. 683, Sec. 5. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13373.

13373. The terms “navigable waters,” “administrator,” “pollutants,” “biological monitoring,” “discharge” and “point sources” as used in this chapter shall have the same meaning as in the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.
(Amended by Stats. 1987, Ch. 1189, Sec. 4.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13374.

13374. The term “waste discharge requirements” as referred to in this division is the equivalent of the term “permits” as used in the Federal Water Pollution Control Act, as amended.
(Added by Stats. 1972, Ch. 1256.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13375.

13375. The discharge of any radiological, chemical, or biological warfare agent into the waters of the state is hereby prohibited.
(Added by Stats. 1972, Ch. 1256.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13376.

13376. A person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of the discharge in compliance with the procedures set forth in Section 13260. Unless required by the state board or a regional board, a report need not be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended. A person who proposes to discharge pollutants or dredged or fill material or to operate a publicly owned treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works. A person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. The discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits, is prohibited. This prohibition does not apply to discharges or operations if a state or federal permit is not required under the Federal Water Pollution Control Act, as amended.
(Amended by Stats. 2010, Ch. 288, Sec. 32. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13377.

13377. Notwithstanding any other provision of this division, the state board or the regional boards shall, as required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements and dredged or fill material permits which apply and ensure compliance with all applicable provisions of the act and acts amendatory thereof or supplementary, thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance.
(Amended by Stats. 1978, Ch. 746.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13378.

13378. Waste discharge requirements and dredged or fill material permits shall be adopted only after notice and any necessary hearing. Such requirements or permits shall be adopted for a fixed term not to exceed five years for any proposed discharge, existing discharge, or any material change therein.
(Amended by Stats. 1978, Ch. 746.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13380.

13380. Any waste discharge requirements or dredged or fill material permits adopted under this chapter shall be reviewed at least every five years and, if appropriate, revised.
(Amended by Stats. 1978, Ch. 746.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13381.

13381. Waste discharge requirements or dredged or fill material permits may be terminated or modified for cause, including, but not limited to, all of the following:
(a) Violation of any condition contained in the requirements or permits.
(b) Obtaining the requirements by misrepresentation, or failure to disclose fully all relevant facts.
(c) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
(Amended by Stats. 1978, Ch. 746.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13382.

13382. Waste discharge requirements shall be adopted to control the disposal of pollutants into wells or in areas where pollutants may enter into a well from the surrounding groundwater.
(Amended by Stats. 1984, Ch. 1461, Sec. 1.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13382.5.

13382.5. Waste discharge requirements shall be adopted to permit the discharge of a specific pollutant or pollutants in a controlled manner from a point source to a defined managed aquaculture project if such discharge meets all applicable requirements of the Federal Water Pollution Control Act and acts amendatory thereof and supplementary thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans.
(Added by Stats. 1978, Ch. 618.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13383.

13383. (a) The state board or a regional board may establish monitoring, inspection, entry, reporting, and recordkeeping requirements, as authorized by Section 13160, 13376, or 13377 or by subdivisions (b) and (c) of this section, for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge.
(b) The state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required.
(c) The state board or a regional board may inspect the facilities of any person subject to this section pursuant to the procedure set forth in subdivision (c) of Section 13267.
(Amended by Stats. 2003, Ch. 683, Sec. 6. Effective January 1, 2004.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13383.6.

13383.6. On and after January 1, 2007, if a regional board or the state board issues a municipal stormwater permit pursuant to Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) that includes a requirement to provide elementary and secondary public schools with educational materials on stormwater pollution, the permittee may satisfy the requirement, upon approval by the regional board or state board, by contributing an equivalent amount of funds to the Environmental Education Account established pursuant to subdivision (a) of Section 71305 of the Public Resources Code.
(Added by Stats. 2005, Ch. 581, Sec. 7. Effective January 1, 2006.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13383.7.

13383.7. (a) No later than July 1, 2009, and after holding public workshops and soliciting public comments, the state board shall develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and this division.
(b) For the purpose of implementing subdivision (a), the state board shall promote the use of quantifiable measures for evaluating the effectiveness of municipal stormwater management programs and provide for the evaluation of, at a minimum, all of the following:
(1) Compliance with stormwater permitting requirements, including all of the following:
(A) Inspection programs.
(B) Construction controls.
(C) Elimination of unlawful discharges.
(D) Public education programs.
(E) New development and redevelopment requirements.
(2) Reduction of pollutant loads from pollution sources.
(3) Reduction of pollutants or stream erosion due to stormwater discharge.
(4) Improvements in the quality of receiving water in accordance with water quality standards.
(c) The state board and the regional boards shall refer to the guidance document developed pursuant to subdivision (a) when establishing requirements in municipal stormwater programs and permits.
(Added by Stats. 2007, Ch. 610, Sec. 6. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13383.8.

13383.8. (a) The state board shall appoint a stormwater management task force comprised of public agencies, representatives of the regulated community, and nonprofit organizations with expertise in water quality and stormwater management. The task force shall provide advice to the state board on its stormwater management program that may include, but is not limited to, program priorities, funding criteria, project selection, and interagency coordination of state programs that address stormwater management.
(b) The state board shall submit a report, including, but not limited to, stormwater and other polluted runoff control information, to the Ocean Protection Council no later than January 1, 2009, on the way in which the state board is implementing the priority goals and objectives of the council’s strategic plan.
(Added by Stats. 2007, Ch. 610, Sec. 7. Effective January 1, 2008.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13383.9.

13383.9. The state board shall establish an online resource center that addresses measures available for municipalities to comply with municipal stormwater permit requirements and may include the following information:
(a) Links to the following:
(1) Relevant state, federal, and local agencies regarding municipal separate storm sewer system national pollutant discharge elimination system permits.
(2) Water quality mitigation measures for watershed management programs or enhanced watershed management programs.
(3) Various regional agencies related to stormwater, including, but not limited to, public works departments and special districts.
(b) A library of scientific studies relevant to stormwater issues confronting our communities.
(Added by Stats. 2016, Ch. 153, Sec. 1. (SB 1260) Effective January 1, 2017.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13383.10.

13383.10. (a) On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
(b) On or before June 1, 2023, the state board shall require all recipients of a nonapplicability (NONA) identification number or no exposure certification (NEC) identification number issued for a facility by the state board on or after January 1, 2020, to upload all pertinent information used to seek a NONA or NEC to the state board’s Stormwater Multiple Application and Report Tracking System database.
(Amended by Stats. 2022, Ch. 678, Sec. 4. (SB 891) Effective January 1, 2023.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13384.

13384. The state board or the regional boards shall ensure that the public, and that any other state, the waters of which may be affected by any discharge of pollutants or dredged or fill material to navigable waters within this state, shall receive notice of each application for requirements or report of waste discharge or application for a dredged or fill material permit or report of dredged or fill material discharge and are provided an opportunity for public hearing before adoption of such requirements or permit.
(Amended by Stats. 1978, Ch. 746.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13385.2.

13385.2. (a) Prior to the state board or regional board making its findings pursuant to subdivision (k) of Section 13385, the publicly owned treatment works shall demonstrate to the satisfaction of the state board or regional board that the financing plan prepared pursuant to subparagraph (C) of paragraph (1) of subdivision (k) of that section is designed to generate sufficient funding to complete the compliance project within the time period specified pursuant to subparagraph (A) of paragraph (1) of subdivision (k) of that section.
(b) This section shall only become operative if Senate Bill 1733 of the 2005–06 Regular Session is enacted and becomes operative.
(Added by Stats. 2006, Ch. 725, Sec. 1. Effective September 29, 2006. Note: Condition in subd. (b) was satisfied by enactment of Stats. 2006, Ch. 404.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13385.3.

13385.3. (a) The amendments made to subdivision (k) of Section 13385 of the Water Code by Senate Bill 1733 of the 2005–06 Regular Session shall become operative on July 1, 2007.
(b) This section shall only become operative if Senate Bill 1733 of the 2005–06 Regular Session is enacted and becomes operative.
(Added by Stats. 2006, Ch. 725, Sec. 2. Effective September 29, 2006. Note: Condition in subd. (b) was satisfied by enactment of Stats. 2006, Ch. 404.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 › Section 13386.

13386. Upon any threatened or continuing violation of any of the requirements listed in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 13385, or upon the failure of any discharger into a public treatment system to comply with any cost or charge adopted by any public agency under Section 204(b) of the Federal Water Pollution Control Act, as amended, the Attorney General, upon the request of the state board or regional board shall petition the appropriate court for the issuance of a preliminary or permanent injunction, or both, as appropriate, restraining that person or persons from committing or continuing the violation. Subdivision (b) of Section 13331 shall be applicable to proceedings under this section.
(Amended by Stats. 1996, Ch. 659, Sec. 27. Effective January 1, 1997.)