reglab/statecodes huggingface dataset:
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 27 - Regulations for Implementation of the Environmental Quality Act of 1970 › Article 6 - Exempt Regulatory Programs › Appendix C

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of Filing
TO: Any Interested Person
FROM:_____________________
:_____________________
:_____________________
SUBJECT: Notice of Filing submitted under California Code
					 of Regulations, Title 23, Section 3779.
Name of Board:
					 __________________________________________
Project Title:
					 __________________________________________
Contact Person: ________________ Telephone No.:
					 _________
Project Location:
					 _______________________________________
Project Description:
					 ____________________________________
_________________________________________________________
_________________________________________________________
This is to advise that the [name of board] is proposing to
					 adopt or amend the [name of plan or policy] in accordance with a regulatory
					 program exempt under Section 21080.5 of the Public Resources Code from the
					 requirement to prepare an environmental impact report under the California
					 Environmental Quality Act (Public Resources Code Section 21000 et seq.) and
					 with other applicable laws and regulations.
The [name of board] will accept written comments as set
					 forth in the notice published. Written comments must be submitted to the [name
					 of board] by [date] at [time], and shall be submitted to [name and address]. A
					 public hearing for the receipt of oral comments is scheduled for [date] at
					 [time].
Date: ________________
________________________________________
Signature of Person Transmitting
								Notice
________________________________________
Title
Note: Authority cited: Section 21082, Public Resources
						Code. Reference: Section 21080.5, Public Resource
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 27 - Regulations for Implementation of the Environmental Quality Act of 1970 › Appendix B - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
TO:
Secretary for
						  Resources
FROM:
___________________________
1416 Ninth Street, Room
						  1311
___________________________
Sacramento, CA 95814
___________________________
SUBJECT: Filing of Notice of Decision in Compliance with
				  Section
				  21080.5
				  of the Public Resources Code
___________________________
Project Proponent:
___________________________
Project Title:
___________________________
Contact Person:
______________________________
Telephone No.:
___________________________
Project Location:
___________________________
Project Description:
___________________________
___________________________
This is to advise that the
				  ________________________________________ has made the following determination
				  regarding the above described project:
The project has been:
______
						  approved
______ disapproved
Date Received for Filing: ____________________
__________________________________________________
Signature of Person Filing Notice
__________________________________________________
Title
Note: Authority cited: Section
					 21082,
					 Public Resources Code. Reference: Division 13, Public Resources
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 27 - Regulations for Implementation of the Environmental Quality Act of 1970 › Appendix C - Notice of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
TO: Any Interested
						  Person
FROM
___________________________:
___________________________:
___________________________:
SUBJECT: Notice of Filing submitted under California Code of
				  Regulations, Title 23, Section
				  3779.
___________________________
Name of Board:
___________________________
Project Title:
___________________________
Contact Person:
______________________________
Telephone No.:
___________________________
Project Location:
___________________________
Project Description:
___________________________
___________________________
This is to advise that the [name of board] is proposing to
				  adopt or amend the [name of plan or policy] in accordance with a regulatory
				  program exempt under Section
				  21080.5
				  of the Public Resources Code from the requirement to prepare an environmental
				  impact report under the California Environmental Quality Act (Public Resources
				  Code Section
				  21000
				  et seq.) and with other applicable laws and regulations.
The [name of board] will accept written comments as set forth
				  in the notice published. Written comments must be submitted to the [name of
				  board] by [date] at [time], and shall be submitted to [name and address]. A
				  public hearing for the receipt of oral comments is scheduled for [date] at
				  [time].
Date: ____________________
____________________________________________________________
Signature of Person Transmitting Notice
____________________________________________________________
Title
1. Amendment
				  of Appendix C and NOTE filed 1-19-2011; operative 2-18-2011 (Register 2011, No.
				  3).
Note: Authority cited: Section
					 21082,
					 Public Resources Code. Reference: Section
					 21080.5, Public Resource
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3830 - Purpose and Review of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Various laws provide for the issuance of certifications by the state board or
				  regional boards. These regulations specify how the state board and the regional
				  boards implement various certification programs and how the state board acts on
				  petitions for reconsideration of certification actions or failures to act by
				  the executive director, regional boards, and executive officers.
(b) Within five years from the effective date
				  of these regulations, the state board, in consultation with the Secretary for
				  Environmental Protection, shall review the provisions of this Chapter to
				  determine whether they should be retained, revised, or repealed.
1. New
					 subchapter 17 (articles 1-6, sections
					 3830-3869) filed 9-2-81; effective
					 thirtieth day thereafter (Register 81, No. 36).
2. Change without
					 regulatory effect renumbering chapter heading filed 11-10-93 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 93, No. 46).
3. Amendment of section heading,
					 section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No.
					 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Sections
						7,
						174,
						179,
						183,
						186,
						1059,
						13160,
						13160.1,
						13321,
						13350 and
						13396, Water Code; and Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3831 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following words (in alphabetical order), as used in
					 this Chapter, shall have the meaning hereafter ascribed to them unless the
					 context of their use clearly requires a different meaning:
(a) "Activity," when used in reference to
				  water quality certification, means any action, undertaking, or project --
				  including, but not limited to, construction, operation, maintenance, repair,
				  modification, and restoration -- which may result in any discharge to waters of
				  the United States in California.
(b) "Application" means a written request for
				  certification, including accompanying materials.
(c) "Applicant" normally means any
				  individual, entity, district, organization, group, or agency submitting an
				  application, subject to the following caveats:
(1) When a professional agent or firm submits
				  an application on behalf of a client, the client is the applicant.
(2) The person or group financially
				  responsible for an activity seeking a federal license or permit which may
				  result in a discharge to waters of the United States is normally the applicant
				  for water quality certification, but
(3) the federal agency is the applicant when
				  the federal agency requests water quality certification for any discharge which
				  may result from activities to be allowed by that agency under a general license
				  or permit.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3832 - Number of Copies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Two copies of each application shall be submitted.
1. Amendment
					 of NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Section
						13160, Water Code; and Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3834 - Amendments to Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An amendment to an application prior to a certification
					 action being taken shall be submitted in the same manner as the original
					 application and shall be considered a part of the application it amends. No
					 additional fee shall be required for an amendment to an application prior to a
					 certification action unless the activity's size, design, scope, or potential
					 for adverse impact has changed significantly, prompting the need for further
					 technical or administrative review or otherwise triggering a larger fee as
					 required pursuant to Section
					 3833 of this Chapter.
1. Amendment
					 of section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No.
					 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Sections
						13160 and
						13160.1, Water Code; and Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3835 - Complete, Incomplete, and Valid Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon receipt of an application, it shall be reviewed by the certifying agency
				  to determine if it is complete. If the application is incomplete, the applicant
				  shall be notified in writing no later than 30 days after receipt of the
				  application, of any additional information or action needed.
(b) If an application is determined to be
				  incomplete by the certifying agency, an extension of the federal period for
				  certification cannot be obtained, and the federal period for certification will
				  expire before the certifying agency can receive and properly review the missing
				  information, the certifying agency shall deny without prejudice certification
				  for any discharge resulting from the proposed activity unless the applicant in
				  writing withdraws the request for certification.
(c) When a complete application is received,
				  the applicant, the federal agency, and EPA shall be notified no later than 30
				  days after receipt of the application.
(d) A request for certification shall be
				  considered valid if and only if a complete application is received by the
				  certifying agency.
1. Amendment
					 of section heading, section and NOTE filed 5-25-2000; operative 6-24-2000
					 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Section
						13160, Water Code; Sections
						44533
						and
						44539,
						Health and Safety Code; and Section
						65943,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3836 - Additional Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Once a certifying agency determines that an application is complete, it may
				  request further information from the applicant. Such information must clarify,
				  amplify, correct, or otherwise supplement the contents of a complete
				  application in order for the certifying agency to determine whether a
				  certification should be issued. Supplemental information may include evidence
				  of compliance with appropriate requirements of a water quality control
				  plan.
(b) If an application is
				  determined to be complete by the certifying agency but supplemental information
				  is requested by the certifying agency pursuant to Subsection (a) of this
				  Section, an extension of the federal period for certification cannot be
				  obtained, and the federal period for certification will expire before the
				  certifying agency can receive and properly review the supplemental information,
				  the certifying agency shall deny without prejudice certification for any
				  discharge resulting from the proposed activity unless the applicant in writing
				  withdraws the request for certification.
(c) If an application is determined to be
				  complete by the certifying agency, but CEQA requires that the certifying agency
				  review a final environmental document before taking a certification action, an
				  extension of the federal period for certification cannot be obtained, and the
				  federal period for certification will expire before the certifying agency can
				  receive and properly review the necessary environmental documentation, the
				  certifying agency shall deny without prejudice certification for any discharge
				  resulting from the proposed activity unless the applicant in writing withdraws
				  the request for certification.
1. Amendment
					 of section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No.
					 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341;
						40 CFR Section
						121.2; Sections
						13160 and
						13160.1, Water Code; Sections
						44533
						and
						44539,
						Health and Safety Code; Sections
						21100 and
						21100.2, (CEQA) Public Resources
						Code; and Section
						15111, State CEQA
						Guidelines.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3837 - Denial of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  certification is denied, the applicant shall be notified in writing of the
				  denial and the reasons for the denial. Written notification of the denial shall
				  be sent to the applicant, the state board or appropriate regional board(s), the
				  federal agency, EPA, and other persons and agencies known to be interested no
				  later than three (3) days after taking the certification (denial)
				  action.
(b) An application for
				  water quality certification may be denied when:
(1) the activity requiring a federal license
				  or permit will result in a discharge which will not comply with applicable
				  water quality standards and other appropriate requirements; or
(2) compliance with water quality standards
				  and other appropriate requirements is not yet necessarily determined, but the
				  application suffers from some procedural inadequacy (e.g., failure to provide a
				  complete fee or to meet CEQA requirements). In this case denial shall be
				  without prejudice.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 1 - General Provisions › Section 3838 - Authority of Executive Director, Executive Officers, and Regional Boards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  executive director, or his/her designee, is authorized to take all actions
				  connected with applications for certification, including issuance and denial of
				  certification.
(b) An executive
				  officer is authorized to receive applications for water quality certification
				  and to take water quality certification action on activities associated with
				  such applications within the executive officer's region of jurisdiction, except
				  as otherwise provided in Subsection
				  3855(b) of this
				  Chapter.
(c) A regional board, at
				  its discretion, may take any action its executive officer is authorized to take
				  under Subsection (b) of this Section. If a regional board directs that a water
				  quality certification action will be taken by that regional board, but an
				  extension of the federal period for certification cannot be obtained, and the
				  federal period for certification will expire before the regional board can take
				  an action, the executive officer shall deny without prejudice certification for
				  any discharge resulting from the proposed activity before the period allowed
				  for certification expires, unless the applicant in writing withdraws the
				  request for certification. Such denial shall be in effect only until the
				  regional board takes an action on the request for certification. The applicant
				  shall not be required to submit a new application or supply an additional fee
				  before the regional board takes an action, unless the project changes
				  significantly in scope or potential for adverse impact and further technical
				  review is necessary.
1. Amendment
					 of section heading, section and NOTE filed 5-25-2000; operative 6-24-2000
					 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Sections
						7,
						1059 and
						13160, Water Code; and Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 2 - Tax Certifications › Section 3841 - Application Forms; Compliance with Federal Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications shall be made on forms provided by EPA.
(b) Issuance of Tax Certifications is subject
				  to compliance with applicable federal regulations (current federal regulations
				  are contained in 40 CFR Part 20 ).
Note: Authority cited: Sections
						1058,
						13160, and
						13160.1, Water
						Code. Reference: 26 USC
						169,
						40 CFR
						20.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 2 - Tax Certifications › Section 3842 - Filing of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall be filed with the executive officer
					 of the regional board having jurisdiction over any discharge. If no discharge
					 will occur, the application shall be filed with the executive officer of the
					 regional board having jurisdiction over the site of the facility.
Note: Authority cited: Sections
						1058,
						13160, and
						13160.1, Water
						Code. Reference: 26 USC
						169,
						40 CFR
						20.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 2 - Tax Certifications › Section 3843 - Reports of Waste Discharge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall be accompanied by a report of waste
					 discharge or a report of material change in waste discharge as required by
					 Water Code Section
					 13260 unless
					 there are existing waste discharge requirements for the facility, or the
					 facility discharges to a community sewer system.
Note: Authority cited: Sections
						1058,
						13160, and
						13160.1, Water
						Code. Reference: 26 USC
						169,
						40 CFR
						20.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 2 - Tax Certifications › Section 3844 - Regional Board Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  regional board executive officer shall promptly review the completed
				  application and shall recommend either issuance or denial of the certification
				  by the state board. A recommendation to deny shall be accompanied by a report
				  detailing the reasons for the recommendation.
(b) If the review indicates that adoption or
				  revision of waste discharge requirements is necessary, action to adopt or
				  revise the waste discharge requirements shall be immediately
				  undertaken.
Note: Authority cited: Sections
						1058,
						13160, and
						13160.1, Water
						Code. Reference: 26 USC
						169,
						40 CFR
						20.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 2 - Tax Certifications › Section 3845 - Issuance of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After review of the regional board recommendation, the executive director shall
				  issue or deny the certification.
(b) The certification shall be issued if the
				  executive director determines that the facility is in conformity with state
				  programs and requirements for abatement or control of water
				  pollution.
(c) If issued, the
				  certification will be forwarded to EPA. A copy of the certification will be
				  sent to the appropriate regional board and the applicant.
Note: Authority cited: Sections
						1058,
						13160, and
						13160.1, Water
						Code. Reference: 26 USC
						169,
						40 CFR
						20.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 3 - Small Business Certifications [Repealed] › Section 3848 - Federal Regulations; Delegation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of article 3 (sections
					 3848-3852) and section filed
					 1-9-97; operative 2-8-97 (Register 97, No. 2).
Note: Authority cited: Sections
						1058 and
						13160, Water
						Code. Reference: 15 USC
						636,
						40 CFR
						21.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 3 - Small Business Certifications [Repealed] › Section 3849 - Filing of Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Note: Authority cited: Sections
						1058 and
						13160, Water
						Code. Reference: 15 USC
						636,
						40 CFR
						21.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 3 - Small Business Certifications [Repealed] › Section 3850 - Content of Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Note: Authority cited: Sections
						1058 and
						13160, Water
						Code. Reference: 15 USC
						636,
						40 CFR
						21.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 3 - Small Business Certifications [Repealed] › Section 3851 - Review and Issuance of Certifications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Note: Authority cited: Sections
						1058 and
						13160, Water
						Code. Reference: 15 USC
						636,
						40 CFR
						21.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 3 - Small Business Certifications [Repealed] › Section 3852 - Utilization of Certification. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Note: Authority cited: Sections
						1058 and
						13160, Water
						Code. Reference: 15 USC
						636,
						40 CFR
						21.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3855 - Filing of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) An application for water quality
				  certification shall be filed with the regional board executive officer in whose
				  region a discharge may occur except as provided in Subsection (b) of this
				  Section.
(2) Notice of the
				  application shall be sent by the applicant to the state board executive
				  director whenever the proposed activities may involve a FERC-licensed
				  facility.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3856 - Contents of a Complete Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A complete application shall include all of the following
					 information and items:
(a) The name,
				  address, and telephone number of:
(1) the
				  applicant, and
(2) the applicant's
				  agent (if an agent is submitting the application).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3857 - Waste Discharge Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this article is intended to limit or prevent the
					 state board or regional boards in any way from issuing or waiving issuance of
					 waste discharge requirements for any activity.
1. Amendment
					 of section heading, repealer and new section, and amendment of NOTE filed
					 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 33 USC
						Section 1341; and Sections
						13160,
						13260 and
						13263; Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3858 - Public Notice and Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  executive director or the executive officer with whom an application for
				  certification is filed shall provide public notice of an application at least
				  twenty-one (21) days before taking certification action on the application,
				  unless the public notice requirement has been adequately satisfied by the
				  applicant or federal agency. If the applicant or federal agency provides public
				  notice, it shall be in a manner and to an extent fully equivalent to that
				  normally provided by the certifying agency. If an emergency requires that
				  certification be issued in less than 21 days, public notice shall be provided
				  as much in advance of issuance as possible, but no later than simultaneously
				  with issuance of certification.
(b)
				  The state board or a regional board may hold a public hearing with respect to
				  any application for certification.
1. Amendment
					 of section heading, section and NOTE filed 5-25-2000; operative 6-24-2000
					 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 33 USC
						Section 1341; and Sections
						179,
						183,
						1059 and
						13160, Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3859 - Action on an Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After review of the application, all relevant data, and any recommendations of
				  a regional board, other state and federal agencies, and any interested person,
				  the state board, the executive director, when acting as the state board's
				  designee, or executive officer, as provided in Subsection (c) of this Section,
				  shall issue certification or deny certification for any discharge resulting
				  from a pertinent activity before the federal period for certification expires.
				  Conditions shall be added to any certification, if necessary, to ensure that
				  all activities will comply with applicable water quality standards and other
				  appropriate requirements. Copies of any certification or denial of
				  certification issued shall be sent to the applicant, the state board (if not
				  the certifying agency), appropriate regional board(s) (if not the certifying
				  agency[ies]), EPA, the federal agency, and all other parties known to be
				  interested no later than three (3) days, after taking the certification action.
				  A written certification or denial shall include:
(1) the name(s) of the receiving water
				  body(ies) and the number(s) of the hydrologic unit(s) that contain(s) the
				  receiving water body(ies), if available;
(2) the certification action being taken and
				  a complete list of any conditions; and
(3) a suitable summary of the information
				  provided by the applicant as listed in Subsections
				  3856(a), (b), (c), and
				  (h) of this Chapter.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3860 - Standard Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following shall be included as conditions of all water
					 quality certification actions:
(a)
				  Every certification action is subject to modification or revocation upon
				  administrative or judicial review, including review and amendment pursuant to
				  Section
				  13330 of the
				  Water Code and Article 6 (commencing with Section
				  3867) of this Chapter.
(b) Certification is not intended and shall
				  not be construed to apply to any activity involving a hydroelectric facility
				  and requiring a FERC license or an amendment to a FERC license unless the
				  pertinent certification application was filed pursuant to Subsection
				  3855(b) of this
				  Chapter and that application specifically identified that a FERC license or
				  amendment to a FERC license for a hydroelectric facility was being
				  sought.
(c) Certification is
				  conditioned upon total payment of any fee required under this Chapter and owed
				  by the applicant.
1. New
					 section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 33 USC
						Section 1341; and Sections
						1059,
						13160,
						13160.1 and
						13321, Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 4 - Water Quality Certification › Section 3861 - Water Quality Certification for Classes of Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  certifying agency may, on its own motion, take a "general" certification action
				  on discharges within its own geographic area of jurisdiction that may result
				  from a class or classes of activities. No application is required for a general
				  certification action issued under this Section.
(b) A class of activities receiving general
				  certification shall:
(1) consist of the same
				  or similar types of activities;
(2)
				  involve the same or similar types of discharges and possible adverse impacts
				  requiring the same or similar certification conditions or limitations in order
				  to alleviate potential adverse impacts to water quality; and
(3) be determined by the certifying agency to
				  more appropriately be regulated under a general certification action than under
				  individual certification actions.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 5 - Pollution Control Certifications › Section 3862 - Filing of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All applications for Pollution Control Certification shall
					 be filed with the California Pollution Control Financing Authority as a part of
					 any application for financing from the Authority.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 5 - Pollution Control Certifications › Section 3863 - Contents of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications shall include:
(a) A detailed description of the proposed
				  project, the need for the project and the manner in which the project, as
				  designed, will further compliance with federal, state or local water pollution
				  standards and requirements.
(b) A
				  copy of the federal, state or local water pollution standard and requirement
				  involved.
(c) A copy of any report
				  of waste discharge filed by the applicant in connection with the project, and
				  any waste discharge requirements adopted or proposed for the project.
(d) If the project involves wastewater
				  treatment facilities, a detailed description of how the facilities will be
				  operated, including operating procedures, organizational structure, minimum
				  personnel requirements for proper operation and maintenance, and operator
				  training programs.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 5 - Pollution Control Certifications › Section 3864 - Review of Applications, Issuance of Certifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications will normally be reviewed and certifications issued by the
				  regional board having jurisdiction over any discharge of waste to waters of the
				  state connected with the project. If the project does not involve a discharge,
				  review and certification will be handled by the regional board having
				  jurisdiction over the site of the project.
(b) Upon request of the Authority, or of a
				  regional board, review and issuance of certification may be handled by the
				  state board.
Note: Authority cited: Section
						1058, Water
						Code. Reference: Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 6 - Petitions to State Board › Section 3867 - Petitions for State Board Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) An aggrieved person may petition the
				  state board to reconsider an action or failure to act taken by the executive
				  director, a regional board, or an executive officer under Articles 1 through 5
				  of this Chapter. The executive director may be designated by the state board to
				  reconsider such an action or failure to act by an executive officer or regional
				  board.
(2) A fee determination
				  under subdivision (1) of subdivision (b) of section
				  3833 or section
				  3833.1, made by the state board or
				  by an officer or employee of the board acting under delegated authority, is
				  subject to reconsideration in accordance with chapter 4 (commencing with
				  Section 1120) of part 1 of division 2 of
				  the Water Code and the procedures set forth in Article 12 (commencing with
				  section 768) of chapter 2 of division 3 of
				  this title, and is not subject to the procedures set forth in this section. The
				  petition also shall specify why the petitioner believes that no fee is due or
				  how the petitioner believes that the amount of the fee has been
				  miscalculated.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 6 - Petitions to State Board › Section 3867.1 - Response to Complete Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After receipt of a petition that complies with Section
					 3867 of this Chapter, the state
					 board or executive director, if acting as the state board's designee, shall
					 give written notification to the petitioner, applicant (if not the petitioner),
					 appropriate executive officer(s), appropriate regional board(s), and other
					 interested persons that they shall have 20 days from the date of mailing such
					 notification to file a response to the petition with the state board.
					 Respondents to petitions shall also send copies of their responses to the
					 petitioner, the applicant (if not the petitioner), and the appropriate
					 executive officer(s). The executive director or executive officer shall file
					 the record specified in Subsection
					 3867(d)(9) of
					 this Chapter with the state board within this 20-day period. The time for
					 filing a response may be extended by the state board or executive director, if
					 acting as the state board's designee.
1. New
					 section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Sections
						7,
						183,
						186,
						1059 and
						13160, Water Code; and Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 6 - Petitions to State Board › Section 3868 - Defective Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After receipt of a petition that does not comply with
					 Section 3867 of this Chapter, the
					 petitioner will be notified in what respect the petition is defective and the
					 time within which an amended petition may be filed. If a properly amended
					 petition is not received by the state board within the time allowed, the
					 petition shall be dismissed unless good cause is shown for an extension of
					 time.
1. Amendment
					 of section and NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No.
					 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: 26 USC
						Section 169,
						40 CFR Section
						20;
						15 USC Section
						636,
						40 CFR Section
						21;
						33 USC Section
						1341; Sections
						7,
						183,
						186,
						1059 and
						13160, Water Code; and Sections
						44533
						and
						44539,
						Health and Safety Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 28 - Certifications › Article 6 - Petitions to State Board › Section 3869 - Action on a Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Following examination of the petition and any necessary portion of the record,
				  the state board or executive director, when acting as the state board's
				  designee, may:
(1) refuse to reconsider the
				  action or failure to act of the executive director (state board only), regional
				  board, or executive officer if the petition fails to raise substantial issues
				  that are appropriate for reconsideration;
(2) deny the petition upon a finding that the
				  original action or failure to act was appropriate and proper;
(3) set aside or modify, if possible, the
				  previous action or take new appropriate action; or
(4) direct the executive director (state
				  board only), executive officer, or regional board to take appropriate
				  action.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 29 - Contracting with Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, or Construction Project Management Firms › Section 3870 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter:
(a) "Architectural, landscape architectural,
				engineering, environmental, and land surveying services," "construction project
				management," and "environmental services" have the same meaning as defined in
				Section
				4525 of
				the Government Code.
(b) "Board"
				means either the State Water Resources Control Board or a California Regional
				Water Quality Control Board.
(c)
				"Disabled veteran business enterprise" has the same meaning as defined in
				Section
				999
				of the Military and Veterans Code.
(d) "Emergency" has the same meaning as
				defined in Section
				1102
				of the Public Contract Code.
(e)
				"Firm" means an individual, firm, partnership, corporation, association, or
				other legal entity permitted by law to practice the profession of architecture,
				landscape architecture, engineering, environmental services, land surveying, or
				construction project management.
(f) "Small business firm" has the same
				meaning as defined in Section
				14837 of
				the Government Code.
1. New chapter
				  29 (sections
				  3870-3880) and section filed
				  6-19-2000 as an emergency; operative 6-19-2000 (Register 2000, No. 25). A
				  Certificate of Compliance must be transmitted to OAL by 10-17-2000 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New chapter 29 (sections
				  3870-3880) and section refiled
				  10-12-2000 as an emergency; operative 10-18-2000 (Register 2000, No. 41). A
				  Certificate of Compliance must be transmitted to OAL by 2-15-2001 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. New chapter 29 (sections
				  3870-3880) and section refiled
				  2-14-2001 as an emergency, including amendment of NOTE; operative 2-15-2001
				  (Register 2001, No. 7). A Certificate of Compliance must be transmitted to OAL
				  by 6-15-2001 or emergency language will be repealed by operation of law on the
				  following day.
4. Certificate of Compliance as to 2-14-2001 order
				  transmitted to OAL 6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Note: Authority cited: Section
					 4526,
					 Government Code. Reference: Sections
					 4525-
					 4529.10
					 and
					 14837,
					 Government Code; Section
					 999,
					 Military and Veterans Code; and Section
					 1102,
					 Public Contract Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 29 - Contracting with Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying, or Construction Project Management Firms › Section 3871 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				time the board intends to contract with a firm for a service identified in
				Section 3870, subdivision (a), the board
				shall utilize the following criteria for selecting a firm:
(1) the firm's professional experience in
				performing similar services;
(2)
				the quality and timeliness of the firm's recently completed or ongoing
				work;
(3) the firm's reliability,
				continuity, and location;
(4) the
				firm's staffing capability;
(5) the
				education and experience of key personnel the firm intends to assign to the
				contract;
(6) the firm's knowledge
				of applicable regulations and technology associated with the services required;
				and
(7) other factors the board
				deems relevant to the specific task to be performed.