reglab/statecodes huggingface dataset:
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 13388.

13388. (a) Notwithstanding any other provision of this division or Section 175, and except as provided in subdivision (b), a person shall not be a member of the state board or a regional board if that person receives, or has received during the previous two years, a significant portion of his or her income directly or indirectly from any person subject to waste discharge requirements or applicants for waste discharge requirements pursuant to this chapter.
(b) (1) A person shall not be disqualified from being a member of a regional board because that person receives, or has received during the previous two years, a significant portion of his or her income directly or indirectly from a person subject to waste discharge requirements, or an applicant for waste discharge requirements, that are issued pursuant to this chapter by the state board or regional board other than the regional board of which that person is a member.
(2) Paragraph (1) shall be implemented only if the United States Environmental Protection Agency either determines that no program approval is necessary for that implementation, or approves of a change in California’s National Pollutant Discharge Elimination System program, to allow the state to administer the National Pollutant Discharge Elimination System permit program consistent with paragraph (1).
(Amended by Stats. 2012, Ch. 39, Sec. 121. (SB 1018) Effective June 27, 2012.)
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 13389.

13389. Neither the state board nor the regional boards shall be required to comply with the provisions of Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code prior to the adoption of any waste discharge requirement, except requirements for new sources as defined in the Federal Water Pollution Control Act or acts amendatory thereof or supplementary thereto.
(Added by Stats. 1972, Ch. 1256.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13390.

13390. It is the intent of the Legislature that the state board and the regional boards establish programs that provide maximum protection for existing and future beneficial uses of bay and estuarine waters, and that these programs include a plan for remedial action at toxic hot spots. It is also the intent of the Legislature that these programs further compliance with federal law pertaining to the identification of waters where the protection and propagation of shellfish, fish, and wildlife are threatened by toxic pollutants and contribute to the development of effective strategies to control these pollutants. It is also the intent of the Legislature that these programs be structured and maintained in a manner which allows the state board and the regional boards to make maximum use of any federal funds which may be available for any of the purposes specified in this chapter.
(Added by Stats. 1989, Ch. 269, Sec. 50. Effective August 3, 1989.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13391.

13391. (a) The state board shall formulate and adopt a water quality control plan for enclosed bays and estuaries, which shall be known as the California Enclosed Bays and Estuaries Plan, in accordance with the procedures established by this division for adopting water quality control plans.
(b) As part of its formulation and adoption of the California Enclosed Bays and Estuaries Plan, the state board shall review and update the Water Quality Control Policy for Enclosed Bays and Estuaries of California, as adopted in 1974 pursuant to Article 3 (commencing with Section 13140) of Chapter 3, and incorporate the results of that review and update in the California Enclosed Bays and Estuaries Plan.
(c) State and regional offices, departments, boards and agencies shall fully implement the California Enclosed Bays and Estuaries Plan. Pending adoption of the California Enclosed Bays and Estuaries Plan by the state board, state and regional offices, departments, boards and agencies shall fully implement the Water Quality Control Policy for Enclosed Bays and Estuaries of California.
(d) Each regional board shall review and, if necessary, revise waste discharge requirements that are inconsistent with those policies and principles.
(Amended by Stats. 1989, Ch. 1032, Sec. 30. Effective September 29, 1989.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13392.

13392. The state board and the regional boards, in consultation with the State Department of Public Health and the Department of Fish and Wildlife, shall develop and maintain a comprehensive program to (1) identify and characterize toxic hot spots, as defined in Section 13391.5, (2) plan for the cleanup or other appropriate remedial or mitigating actions at the sites, and (3) amend water quality control plans and policies to incorporate strategies to prevent the creation of new toxic hot spots and the further pollution of existing hot spots. As part of this program, the state board and regional boards shall, to the extent feasible, identify specific discharges or waste management practices that contribute to the creation of toxic hot spots, and shall develop appropriate prevention strategies, including, but not limited to, adoption of more stringent waste discharge requirements, onshore remedial actions, adoption of regulations to control source pollutants, and development of new programs to reduce urban and agricultural runoff.
(Amended by Stats. 2015, Ch. 673, Sec. 30. (AB 1531) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13392.5.

13392.5. (a) Each regional board that has regulatory authority for one or more enclosed bays or estuaries shall, on or before January 30, 1994, develop for each enclosed bay or estuary, a consolidated database that identifies and describes all known and potential toxic hot spots. Each regional board shall, in consultation with the state board, also develop an ongoing monitoring and surveillance program that includes, but is not limited to, the following components:
(1) Establishment of a monitoring and surveillance task force that includes representation from agencies, including, but not limited to, the State Department of Public Health and the Department of Fish and Wildlife, that routinely monitor water quality, sediment, and aquatic life.
(2) Suggested guidelines to promote standardized analytical methodologies and consistency in data reporting.
(3) Identification of additional monitoring and analyses that are needed to develop a complete toxic hot spot assessment for each enclosed bay and estuary.
(b) Each regional board shall make available to state and local agencies and the public all information contained in the consolidated database, as well as the results of new monitoring and surveillance data.
(Amended by Stats. 2015, Ch. 673, Sec. 31. (AB 1531) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13392.6.

13392.6. (a) On or before July 1, 1991, the state board shall adopt and submit to the Legislature a workplan for the adoption of sediment quality objectives for toxic pollutants that have been identified in known or suspected toxic hot spots and for toxic pollutants that have been identified by the state board or a regional board as a pollutant of concern. The workplan shall include priorities and a schedule for development and adoption of sediment quality objectives, identification of additional resource needs, and identification of staff or funding needs. The state board is not prohibited from adopting sediment quality objectives in the workplan for a constituent for which the workplan identifies additional research needs.
(b) In preparing the workplan pursuant to subdivision (a), the state board shall conduct public hearings and workshops and shall consult with persons associated with municipal discharges, industrial discharges, other public agencies, research scientists, commercial and sport fishing interests, marine interests, organizations for the protection of natural resources and the environment, and the general public.
(Amended by Stats. 1989, Ch. 1032, Sec. 33. Effective September 29, 1989.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13393.

13393. (a) The state board shall adopt sediment quality objectives pursuant to the workplan submitted pursuant to Section 13392.6.
(b) The state board shall adopt the sediment quality objectives pursuant to the procedures established by this division for adopting or amending water quality control plans. The sediment quality objectives shall be based on scientific information, including, but not limited to, chemical monitoring, bioassays, or established modeling procedures, and shall provide adequate protection for the most sensitive aquatic organisms. The state board shall base the sediment quality objectives on a health risk assessment if there is a potential for exposure of humans to pollutants through the food chain to edible fish, shellfish, or wildlife.
(c) (1) Notwithstanding subdivision (a), in adopting sediment quality objectives pursuant to this section, the state board shall consider the federal sediment criteria for toxic pollutants that are being prepared, or that have been adopted, by the Environmental Protection Agency pursuant to Section 1314 of Title 33 of the United States Code.
(2) If federal sediment criteria have been adopted, the state board shall review the federal sediment criteria and determine if the criteria meet the requirements of this section. If the state board determines that a federal sediment criterion meets the requirements of this section, the state board shall adopt the criterion as a sediment quality objective pursuant to this section. If the state board determines that a federal sediment criterion fails to meet the requirements of this section, the state board shall adopt a sediment quality objective that meets the requirements of this section.
(Amended by Stats. 1993, Ch. 1157, Sec. 3. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13393.5.

13393.5. On or before January 30, 1994, the state board, in consultation with the State Department of Public Health and the Department of Fish and Wildlife, shall adopt general criteria for the assessment and priority ranking of toxic hot spots. The criteria shall take into account the pertinent factors relating to public health and environmental quality, including, but not limited to, potential hazards to public health, toxic hazards to fish, shellfish, and wildlife, and the extent to which the deferral of a remedial action will result, or is likely to result, in a significant increase in environmental damage, health risks, or cleanup costs.
(Amended by Stats. 2015, Ch. 673, Sec. 32. (AB 1531) Effective January 1, 2016.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13394.

13394. On or before January 1, 1998, each regional board shall complete and submit to the state board a toxic hot spots cleanup plan. On or before June 30, 1999, the state board shall submit to the Legislature a consolidated statewide toxic hot spots cleanup plan. The cleanup plan submitted by each regional board and the state board shall include, but not be limited to, the following information:
(a) A priority ranking of all hot spots, including the state board’s recommendations for remedial action at each toxic hot spot site.
(b) A description of each hot spot site including a characterization of the pollutants present at the site.
(c) An estimate of the total costs to implement the plan.
(d) An assessment of the most likely source or sources of pollutants.
(e) An estimate of the costs that may be recoverable from parties responsible for the discharge of pollutants that have accumulated in sediment.
(f) A preliminary assessment of the actions required to remedy or restore a toxic hot spot.
(g) A two-year expenditure schedule identifying state funds needed to implement the plan.
(h) A summary of actions that have been initiated by the regional board to reduce the accumulation of pollutants at existing hot spot sites and to prevent the creation of new hot spots.
(i) The plan submitted by the state board shall include findings and recommendations concerning the need for establishment of a toxic hot spots cleanup program.
(Amended by Stats. 1993, Ch. 1157, Sec. 5. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13394.5.

13394.5. The state board, as part of the annual budget process, shall prepare and submit to the Legislature a recommended annual expenditure plan for the implementation of this chapter.
(Added by Stats. 1989, Ch. 269, Sec. 50. Effective August 3, 1989.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13394.6.

13394.6. (a) The state board shall establish an advisory committee to assist in the implementation of this chapter. The members of the advisory committee shall be appointed by the state board to represent all of the following interests:
(1) Trade associations whose members are businesses that use the bay, estuaries, and coastal waters of the state as a resource in their business activities.
(2) Dischargers required to pay fees pursuant to Section 13396.5.
(3) Environmental, public interest, public health, and wildlife conservation organizations.
(b) The members of the advisory committee shall select a member as the chairperson of the committee. The chairperson shall convene meetings of the committee every three months in any calendar year. The members of the advisory committee shall serve without compensation.
(c) The advisory committee shall have access to all information and documents, except for internal communications, that are prepared to implement this chapter and may provide the state board with its views on how that information should be interpreted and used.
(Added by Stats. 1993, Ch. 1157, Sec. 6. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13395.

13395. Each regional board shall, within 120 days from the ranking of a toxic hot spot, initiate a reevaluation of waste discharge requirements for dischargers who, based on the determination of the regional board, have discharged all or part of the pollutants which have caused the toxic hot spot. These reevaluations shall be for the purpose of ensuring compliance with water quality control plans and water quality control plan amendments. These reevaluations shall be initiated according to the priority ranking established pursuant to subdivision (a) of Section 13394 and shall be scheduled so that, for each region, the first reevaluation shall be initiated within 120 days from, and the last shall be initiated within one year from, the ranking of the toxic hot spots. The regional board shall, consistent with the policies and principles set forth in Section 13391, revise waste discharge requirements to ensure compliance with water quality control plans and water quality control plan amendments adopted pursuant to Article 3 (commencing with Section 13240) of Chapter 4, including requirements to prevent the creation of new toxic hot spots and the maintenance or further pollution of existing toxic hot spots. The regional board may determine it is not necessary to revise a waste discharge requirement only if it finds that the toxic hot spot resulted from practices no longer being conducted by the discharger or permitted under the existing waste discharge requirement, or that the discharger’s contribution to the creation or maintenance of the toxic hot spot is not significant.
(Added by Stats. 1989, Ch. 269, Sec. 50. Effective August 3, 1989.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13395.5.

13395.5. The state board may enter into contracts and other agreements for the purpose of evaluating or demonstrating methods for the removal, treatment, or stabilization of contaminated bottom sediment. For the purpose of preparing health risk assessments pursuant to Section 13393, the state board shall enter into contracts or agreements with the Office of Environmental Health Hazard Assessment, or with other state or local agencies, subject to the approval of the Office of Environmental Health Hazard Assessment. The costs incurred for work conducted by other state agencies pursuant to this chapter shall be reimbursed according to the terms of an interagency agreement between the state board and the agency.
(Amended by Stats. 2014, Ch. 544, Sec. 13. (SB 1458) Effective January 1, 2015.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13396.

13396. No person shall dredge or otherwise disturb a toxic hot spot site that has been identified and ranked by a regional board without first obtaining certification pursuant to Section 401 of the Clean Water Act (33 U.S.C. Sec. 1341) or waste discharge requirements. The state board and any regional board to which the state board has delegated authority to issue certification shall not waive certification for any discharge resulting from the dredging or disturbance unless waste discharge requirements have been issued. If the state board or a regional board does not issue waste discharge requirements or a certification within the period provided for certification under Section 401 of the Clean Water Act. The certification shall be deemed denied without prejudice. On or after January 1, 1993, the state and regional boards shall not grant approval for a dredging project that involves the removal or disturbance of sediment which contains pollutants at or above the sediment quality objectives established pursuant to Section 13393 unless the board determines all of the following:
(a) The polluted sediment will be removed in a manner that prevents or minimizes water quality degradation.
(b) Polluted dredge spoils will not be deposited in a location that may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or may harm the beneficial uses of the receiving waters, or does not create maximum benefit to the people of the state.
(c) The project or activity will not cause significant adverse impacts upon a federal sanctuary, recreational area, or other waters of significant national importance.
(Amended by Stats. 1989, Ch. 1032, Sec. 36. Effective September 29, 1989.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13396.6.

13396.6. No fees may be imposed pursuant to Section 13396.5 on dischargers who discharge into enclosed bays, estuaries, or adjacent waters in the contiguous zone or the ocean from lands managed solely to provide habitat for waterfowl and other water-dependent wildlife.
(Added by Stats. 1993, Ch. 203, Sec. 1. Effective January 1, 1994.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13396.7.

13396.7. (a) The state board, in consultation with the State Department of Public Health, shall contract with an independent contractor to conduct a study to determine the adverse health effects of urban runoff on swimmers at urban beaches. The contract shall include a provision that requires the study to be conducted as prescribed in the study proposal approved by the Santa Monica Bay Restoration Project. The study shall be paid for by using available resources or state funds appropriated in the annual Budget Act.
(b) It is the intent of the Legislature that the state board and the State Department of Public Health use the results of the study undertaken pursuant to subdivision (a) to establish recreational water quality standards.
(Amended by Stats. 2010, Ch. 288, Sec. 36. (SB 1169) Effective January 1, 2011.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.6 - Bay Protection and Toxic Cleanup › Section 13396.9.

13396.9. (a) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall establish and participate in the multiagency Los Angeles Basin Contaminated Sediments Task Force, in cooperation with all interested parties, including, but not limited to, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the Port of Long Beach, and the Port of Los Angeles.
(b) (1) On or before January 1, 2005, the California Coastal Commission shall, based upon the recommendations of the task force, develop a long-term management plan for the dredging and disposal of contaminated sediments in the coastal waters adjacent to the County of Los Angeles. The plan shall include identifiable goals for the purpose of minimizing impacts to water quality, fish, and wildlife through the management of sediments. The plan shall include measures to identify environmentally preferable, practicable disposal alternatives, promote multiuse disposal facilities and beneficial reuse, and support efforts for watershed management to control contaminants at their source.
(2) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board shall seek to enter into an agreement with the United States Environmental Protection Agency and the United States Army Corps of Engineers for those federal agencies to participate in the preparation of the long-term management plan.
(c) The California Coastal Commission and the Los Angeles Regional Water Quality Control Board, in cooperation with the task force, shall conduct not less than one annual public workshop to review the status of the plan and to promote public participation.
(Amended by Stats. 2012, Ch. 728, Sec. 183. (SB 71) Effective January 1, 2013.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.7 - Drainage From Abandoned Mines › Section 13397.

13397. (a) The Legislature finds and declares all of the following:
(1) Thousands of abandoned mines have been identified in this state. Waste, including acid rock drainage from abandoned mines, has a devastating effect on aquatic life and has degraded some major water bodies in the state. Abandoned mines are the overwhelming source of copper loading to the Sacramento River and the San Francisco Bay/Sacramento-San Joaquin Delta. In some instances, waste from abandoned mines can cause public health and safety problems.
(2) The formation of acid rock drainage is a process that can continue for centuries after the abandonment of a mine and is difficult to control. The complete elimination of acid rock drainage is not possible at this time.
(3) Unless action is taken either by public agencies or private parties, who are not responsible for creating the waste, abandoned mines will continue to discharge waste indefinitely. The cleanup of this waste for the protection of the public and the waterways of the state should be facilitated by limiting the financial responsibility for that cleanup.
(4) Public agencies and private parties, who are not otherwise legally responsible for the abandoned mined land, are reluctant to remediate abandoned mined lands unless they are assured that they will be held responsible for completing only the remedial work that they undertake. The public agencies and private parties may be willing to implement partial remediation but they do not have sufficient resources to pay the cost of meeting all applicable regulatory standards.
(b) The Legislature further finds and declares that it is the policy of the state to establish a program that permits public agencies and cooperating private parties to reduce the threat to water quality caused by abandoned mined lands without becoming responsible for completely remediating abandoned mine waste to a point that meets water quality objectives and related regulatory requirements. This program should provide a streamlined process for the purpose of approving an abandoned mine remediation plan in lieu of certain state permits and requirements. The implementation of this program will foster projects to improve water quality while ensuring that the taxpayers are not unfairly burdened.
(Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.7 - Drainage From Abandoned Mines › Section 13397.5.

13397.5. Unless the context requires otherwise, the following definitions govern the construction of this chapter:
(a) “Abandoned mine waste” means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property on, or discharging from, abandoned mined lands, directly resulting from, or displaced by, surface mining operations.
(b) “Abandoned mined lands” has the same meaning as “abandoned surface mined area,” as defined in clause (ii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 2796 of the Public Resources Code.
(c) “Acid rock drainage” means acid waste discharge that results from the oxidation of metal sulfide in minerals associated with mined lands.
(d) “Mined lands” has the same meaning as set forth in Section 2729 of the Public Resources Code.
(e) “Oversight agency” means either the state board or a regional board. If the remediating agency is a regional board, the state board shall be the oversight agency. If the remediating agency is the state board, the oversight agency shall be the Site Designation Committee established pursuant to Section 25261 of the Health and Safety Code. The committee shall have the powers and functions specified in Chapter 6.65 (commencing with Section 25260) of Division 20 of the Health and Safety Code, except that neither the chairperson of the state board, nor any designee, shall participate in the actions of the committee relating to the state board as a remediating agency.
(f) “Remediating agency” or “agency” means any public agency, or any private individual or entity acting under a cooperative agreement with a public agency, that prepares and submits a remediation plan in accordance with this chapter. “Remediating agency” includes, but is not limited to, a public agency that holds title to abandoned mined lands for the purpose of remediating those lands or that is engaging in remediation activities that are incidental to the ownership of the lands for other than mining purposes. “Remediating agency” does not include any person or entity that is not a public agency, that, before implementing an approved remediation plan, owns or has owned a property interest, other than a security interest, in the abandoned mined lands being remediated, or is or has been legally responsible for, or had a direct financial interest in, or participated in, any mining operation, including exploration, associated with the abandoned mined lands being remediated.
(g) “Remediation plan” means a plan to improve the quality of the waters of the state that have been directly and adversely impacted by abandoned mine waste.
(Amended by Stats. 2000, Ch. 727, Sec. 5. Effective January 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.7 - Drainage From Abandoned Mines › Section 13398.3.

13398.3. The remediation plan to be submitted by a remediating agency to the oversight agency shall include all of the following:
(a) Identification of the remediating agency, and a certification that the remediating agency is a remediating agency as defined in this chapter.
(b) Identification of the abandoned mined lands that are the subject of the plan.
(c) Identification of the waters of the state, if any, that are affected by the abandoned mined lands.
(d) A description of the physical conditions at the abandoned mined lands that are causing or have caused adverse water quality impacts.
(e) A description of the practices, including system design and construction plans, and operation and maintenance plans, proposed to reduce, control, mitigate, or eliminate the adverse water quality impacts and a schedule for implementing those practices. If the plan is prepared for an existing remediation project, the remediation plan shall include a description of practices that have been implemented and the practices that are proposed to improve the existing project, if any.
(f) An analysis demonstrating that the implementation of the practices described in the plan have caused, or are expected to cause, a substantial improvement in water quality for the identified waters.
(g) A description of monitoring or other assessment activities to be undertaken to evaluate the success of the implemented practices during and after implementation, including an assessment of baseline conditions.
(h) A budget and identified funding to pay for the implementation of the plan.
(i) Remediation goals and objectives.
(j) Contingency plans.
(k) A description of the remediating agency’s legal right to enter and conduct remedial activities.
(l) The signature of an authorized representative of the remediating agency.
(m) Identification of the pollutants to be addressed by the plan.
(Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.7 - Drainage From Abandoned Mines › Section 13398.5.

13398.5. The oversight agency shall do all of the following:
(a) Comply with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) in connection with the review of any remediation plan.
(b) Provide an opportunity for public review of, and comment with regard to, the remediation plan.
(c) Disapprove, approve, or modify and approve a remediation plan at a public meeting.
(Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.7 - Drainage From Abandoned Mines › Section 13398.7.

13398.7. (a) The oversight agency may approve the remediation plan if the oversight agency finds that there is substantial evidence in the record that the plan will substantially improve water quality affected by abandoned mine waste.
(b) The oversight agency may approve a remediation plan for a project that the remediating agency implemented prior to January 1, 1996, if that oversight agency finds that there is substantial evidence in the record that the project has substantially improved water quality adversely impacted by mining activities on the abandoned mined lands undertaken before the project was implemented.
(c) The remediating agency is not required to include in the remediation plan a plan to achieve water quality objectives, with regard to any discharge of abandoned mine waste that is the subject of the plan, to comply with other requirements of this division, except for Chapter 5.5 (commencing with Section 13370), or to comply with any other law that is administered by the state board or the regional boards, with regard to that discharge.
(d) The oversight agency may approve a modification of an approved remediation plan to permit additional time for completing the remediation project or to otherwise modify the plan, after an opportunity for public comment.
(e) If the oversight agency determines that a remediating agency is not implementing the approved remediation plan in substantial compliance with its terms, that oversight agency shall notify the remediating agency of its determination, including the specific causes for that determination.
(f) If the oversight agency determines that the specific causes for the determination are not adequately addressed pursuant to subdivision (e), or if a compliance plan is not submitted to, and approved by, the oversight agency within 180 days from the date of the notification pursuant to subdivision (e), the oversight agency may determine that the remediating agency is in violation of this chapter. A remediating agency that is in violation of this chapter is not protected by the limitations on responsibility for remediation of abandoned mined lands provided by this chapter and may be subject to any enforcement action authorized by law.
(Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.7 - Drainage From Abandoned Mines › Section 13398.9.

13398.9. (a) This chapter has no effect on the tort liability of a remediating agency for personal injury or wrongful death.
(b) This chapter has no effect on the liability of a remediating agency based upon activities other than those undertaken in connection with the implementation of an approved remediation plan.
(c) This chapter has no effect on the liability of a remediating agency if that agency, following implementation of an approved remediation plan, benefits from, or participates in, any mining operation, including exploration, associated with the abandoned mined lands subject to the approved remediation plan.
(d) For the purposes of this chapter, the remediation plan for the Penn Mine property located in Calaveras County shall, if a memorandum of understanding is entered into by the state and other appropriate parties, include the terms and conditions set forth in that memorandum of understanding.
(Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.8 - Minor Violations › Section 13399.

13399. (a) The Legislature hereby finds and declares that the purpose of this chapter is to establish an enforcement policy for violations of this division that the enforcement agency finds are minor when the danger they pose to, or the potential that they have for endangering, human health, safety, or welfare or the environment are taken into account.
(b) It is the intent of the Legislature in enacting this chapter to provide a more resource-efficient enforcement mechanism, faster compliance times, and the creation of a productive and cooperative working relationship between the state board, the regional boards, and the regulated community while maintaining protection of human health and safety and the environment.
(c) This chapter applies solely to the actions of the state board and the regional boards in administering this division and has no application to the administrative enforcement actions of other public agencies.
(d) The state board and each regional board shall implement this chapter by determining the types of violations of this division, or of the regulations, rules, standards, orders, permit conditions, or other requirements adopted pursuant to this division that the state board or the regional board finds are minor violations in accordance with subdivisions (e) and (f). The state board shall implement this chapter through adoption of regulations or state policy for water quality control pursuant to Article 3 (commencing with Section 13140) of Chapter 3.
(e) In determining the types of violations that are minor violations, the state board or regional board shall consider all of the following factors:
(1) The magnitude of the violation.
(2) The scope of the violation.
(3) The severity of the violation.
(4) The degree to which a violation puts human health, safety, or welfare or the environment into jeopardy.
(5) The degree to which a violation could contribute to the failure to accomplish an important goal or program objective as established by this division.
(6) The degree to which a violation may make it difficult to determine if the violator is in compliance with other requirements of this division.
(f) For purposes of this chapter, a minor violation of this division shall not include any of the following:
(1) Any knowing, willful, or intentional violation of this division.
(2) Any violation of this division that enables the violator to benefit economically from noncompliance, either by realizing reduced costs or by gaining a competitive advantage.
(3) Any violation that is a chronic violation or that is committed by a recalcitrant violator.
(g) In determining whether a violation is chronic or a violator is recalcitrant, for purposes of paragraph (3) of subdivision (f), the state board or regional board shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to the requirements of this division or the requirements adopted pursuant to this division.
(Added by Stats. 1996, Ch. 775, Sec. 4. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.8 - Minor Violations › Section 13399.1.

13399.1. For purposes of this chapter, “notice to comply” means a written method of alleging a minor violation that is in compliance with all of the following requirements:
(a) The notice to comply is written in the course of conducting an inspection by an authorized representative of the state board or regional board. If testing is required by the state board or regional board to determine compliance, and the testing cannot be conducted during the course of the inspection, the representative of the state board or regional board shall have a reasonable period of time to conduct the required testing. If, after the test results are available, the representative of the state board or regional board determines that the issuance of a notice to comply is warranted, the representative shall immediately notify the facility owner or operator in writing.
(b) A copy of the notice to comply is presented to a person who is an owner, operator, employee, or representative of the facility being inspected at the time that the notice to comply is written. If offsite testing is required pursuant to subdivision (a), a copy of the notice to comply may be mailed to the owner or operator of the facility.
(c) The notice to comply clearly states the nature of the alleged minor violation, a means by which compliance with the requirement cited by the representative of the state board or regional board may be achieved, and a time limit in which to comply, which shall not exceed 30 days.
(d) The notice to comply shall contain the information specified in subdivision (h) of Section 13399.2 with regard to the possible reinspection of the facility.
(Added by Stats. 1996, Ch. 775, Sec. 4. Effective January 1, 1997.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.8 - Minor Violations › Section 13399.3.

13399.3. On or before January 1, 2000, the state board shall report to the Legislature on actions taken by the state board and the regional boards to implement this chapter and the results of that implementation. Each regional board shall provide the state board with the information that the state board requests to determine the degree to which the purposes described in subdivision (a) of Section 13399 have been achieved.
(Amended by Stats. 2000, Ch. 727, Sec. 6. Effective January 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.9 - The Storm Water Enforcement Act of 1998 › Section 13399.25.

13399.25. This chapter supplements, and does not supplant, other laws relating to the discharge of storm water.
(Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.9 - The Storm Water Enforcement Act of 1998 › Section 13399.27.

13399.27. On or before December 31, the state board, after any necessary investigation, shall annually prepare, and make available to the public, a report that includes both of the following for the previous calendar year:
(a) A list of those persons that were notified of their duty to comply with applicable general storm water NPDES permits pursuant to Section 13399.30 and a description of the responses received to those notifications, including the filing of notices of intent to obtain coverage or notices of nonapplicability, returned mail and no response, appeals of filing or permitting requirements pursuant to this chapter, site inspections, enforcement actions taken, and penalties assessed therefor.
(b) A list of those dischargers identified pursuant to Section 13399.31 that, during the previous calendar year, failed to submit an annual report or construction certification required by a regional board, and any penalties assessed therefor.
(Amended by Stats. 2017, Ch. 524, Sec. 4. (AB 355) Effective January 1, 2018.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.9 - The Storm Water Enforcement Act of 1998 › Section 13399.30.

13399.30. (a) (1) Each year the regional boards shall undertake reasonable efforts to identify dischargers of storm water that have not obtained coverage under an appropriate storm water NPDES permit.
(2) Any person, including a person subject to waste discharge requirements under Section 1342(p) of Title 33 of the United States Code, that discharges, proposes to discharge, or is suspected by a regional board or the state board of discharging storm water associated with industrial activity that has not obtained coverage under an appropriate storm water NPDES permit, shall submit to the regional board, within 30 days from the date on which a notice is sent by the regional board, the appropriate notice of intent to obtain coverage or a notice of nonapplicability that specifies the basis for not needing to obtain coverage under an NPDES permit.
(b) If a person to which a notice is sent pursuant to subdivision (a) fails to submit the appropriate notice of intent to obtain coverage or the required notice of nonapplicability to the regional board within 30 days from the date on which that notice is sent, the executive officer of the regional board shall send a second notice to that discharger.
(c) (1) If a person to which a notice is sent pursuant to subdivision (b) fails to submit the required notice of nonapplicability to the regional board within 60 days from the date on which the notice pursuant to subdivision (a) was sent, the regional board shall impose the penalties described in subdivision (b) of Section 13399.33.
(2) If a person to which a notice is sent pursuant to subdivision (b) fails to submit the required notice of intent to obtain coverage to the regional board within 60 days from the date on which the notice pursuant to subdivision (a) was sent, the regional board shall impose the penalties described in subdivision (a) of Section 13399.33.
(Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.9 - The Storm Water Enforcement Act of 1998 › Section 13399.31.

13399.31. (a) Each year the regional board shall conduct a review of the annual reports and construction certifications submitted in accordance with the requirements of an applicable NPDES permit and Section 1342(p) of Title 33 of the United States Code and shall identify the dischargers that have failed to submit that annual report or construction certification required by the regional board.
(b) The regional board shall notify each discharger that is identified pursuant to subdivision (a) with regard to its noncompliance and the penalties therefor.
(c) If a discharger to which a notice is sent pursuant to subdivision (b) fails to submit the annual report or construction certification required by the regional board to the regional board within 30 days from the date on which that notice is sent, the executive officer of the regional board shall send a second notice to that discharger.
(d) If a discharger to which a notice is sent pursuant to subdivision (c) fails to submit the annual report or construction certification required by the regional board to the regional board within 60 days from the date on which the notice is sent pursuant to subdivision (b), the regional board shall impose the penalties described in subdivision (c) of Section 13399.33.
(Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.9 - The Storm Water Enforcement Act of 1998 › Section 13399.33.

13399.33. Except as provided in Section 13399.35, the regional board shall do all of the following with regard to a discharger that is subject to the requirements prescribed in accordance with Section 1342(p) of Title 33 of the United States Code:
(a) (1) With regard to a discharger of storm water associated with industrial activity that fails to submit the required notice of intent to obtain coverage in accordance with Section 13399.30, impose civil liability administratively in an amount that is not less than five thousand dollars ($5,000) per year of noncompliance or fraction thereof, unless the regional board makes express findings setting forth the reasons for its failure to do so, based on the specific factors required to be considered pursuant to paragraph (2).
(2) In determining the amount of the penalty imposed under this section, the regional board shall consider the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the ability to pay, any prior history of violations, the degree of culpability, economic benefits or savings resulting from the violation, and other matters as justice may require. These considerations shall be balanced against the need for the regulatory costs of environmental protection to be borne equally by dischargers throughout the state, and the need for predictability of enforcement when making business decisions.
(b) With regard to a person that fails to submit the required notice of nonapplicability in accordance with Section 13399.30, impose civil liability administratively in the amount of one thousand dollars ($1,000).
(c) With regard to a person that fails to submit an annual report or construction certification in accordance with Section 13399.31, impose civil liability administratively in an amount that is not less than one thousand dollars ($1,000).
(d) Recover from the persons described in subdivisions (a), (b), and (c) the costs incurred by the regional board with regard to those persons.
(e) It is an affirmative defense to the penalties imposed under this section for a person described in subdivision (a) or (b) to prove that he or she did not, in fact, receive the notices required under Section 13399.30 or 13399.31.
(Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)
2023 California Code › Water Code - WAT › DIVISION 7 - WATER QUALITY › CHAPTER 5.9 - The Storm Water Enforcement Act of 1998 › Section 13399.35.

13399.35. (a) The regional board may allow a person to reduce the penalties described in subdivisions (a), (b), and (c) of Section 13399.33 by up to 50 percent by undertaking a supplemental environmental project in accordance with the enforcement policy of the state board and any applicable guidance document.
(b) For the purposes of this section, a “supplemental environmental project” means an environmentally beneficial project that a person agrees to undertake, with the approval of the regional board, which would not be undertaken in the absence of an enforcement action under Section 13399.33.
(Added by Stats. 1998, Ch. 998, Sec. 3. Effective January 1, 1999.)