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California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 9 - Unauthorized Encroachments › Section 625.5 - Emergency Situations Notification and Removal of Unauthorized Encroachment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  the case of an emergency, the Department has the authority to take any action
				  necessary to avert, alleviate repair, or mitigate any threat to the State Water
				  Project. An emergency, pursuant to subdivision (e), Section
				  12899.5 of the
				  Water Code, is defined as a sudden, unexpected occurrence that in the opinion
				  of the Department poses a clear and imminent danger, requiring immediate action
				  to prevent or mitigate the loss of impairment of life, health, property, or
				  essential public services.
(b) If
				  the Department removes any encroachment pursuant to subdivision (e), Section
				  12899.5 of the
				  Water Code, the Department may recover the expense of removal, together with
				  the costs and expenses, including attorneys fees, incurred in that
				  action.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Sections
						128 and
						12899.9, Water
						Code. Reference: Sections
						12899.5(e),
						12899.5(f),
						12899.7 and
						12899.8, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 9 - Unauthorized Encroachments › Section 625.6 - Diversion, Drainage, Seepage, or Overflow of Water onto Departmental Right-of-Way

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is unlawful for any person to do any of the acts described in subdivision (a),
				  Section
				  12899.6 of the
				  Water Code.
(b) If a notice is
				  given by the Department, in the manner provided in subdivision (b), Section
				  12899.6 of the
				  Water Code, to any person(s) permitting a condition to exist, as described in
				  subdivision (a), Section
				  12899.6 of the
				  Water Code, the person(s) shall immediately cease and discontinue the diversion
				  of waters or shall discontinue and prevent the drainage, seepage, or overflow
				  and shall repair, or pay for the repair, of any damage to the State Water
				  Project or the Department's right-of-way. The person(s) to whom the notice is
				  provided may challenge, in a court of competent jurisdiction, the propriety of
				  the determination by the Department.
(c) If any person(s) is notified pursuant to
				  subdivision (b), Section
				  12899.6 of the
				  Water Code and fails, neglects, or refuses to cease and discontinue the
				  diversion, drainage, seepage, or overflow of the waters or to make or pay for
				  the repairs, the Department may make repairs and perform work as it deems
				  necessary to prevent the further damage to the Department's right-of-way or the
				  State Water Project resulting from the diversion, overflow, or seepage of the
				  waters.
(d) The Department may
				  recover in an action at law, in any court of competent jurisdiction, the amount
				  expended for those repairs and work, and in addition, the sum of One Thousand
				  Dollars ($1,000) for each day the drainage, diversion, overflow, or seepage of
				  the waters is permitted to continue, after the service of the notice in the
				  manner specified as subdivision (b), Section
				  12899.6 of the
				  Water Code, together with the costs and expenses, including attorneys fees,
				  incurred in the action.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.6, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 9 - Unauthorized Encroachments › Section 625.7 - Criminal Prosecution of Unauthorized Encroachers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any unauthorized encroachment remains after the
					 expiration of the response period specified in the notice of unauthorized
					 encroachment, and the unauthorized encroachment falls under subdivision (f),
					 Section
					 12899.1 of the
					 Water Code, a copy of the notice of unauthorized encroachment and the demand
					 for immediate removal or abatement along with any inspection reports or
					 documentation may be sent to the local law enforcement agency for criminal
					 prosecution of the misdemeanor.
1. New
					 section filed 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Section
						12899.1(f),
						Water Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 10 - General Encroachment Permit for Operations and Maintenance by Public Agencies › Section 635.0 - Routine Operations and Maintenance of Facilities by Public Agency Water Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department, not later than sixty (60) days from the date on which it receives a
				  complete application, shall issue a general encroachment permit, for a period
				  not to exceed ten (10) years, for routine operation and maintenance activities
				  of public agencies with a contract with the Department for delivery of water
				  pursuant to subdivision (b), Section
				  12937 of the
				  Water Code.
(b) For the purposes of
				  this section, "operation and maintenance" means inspection, equipment testing
				  and maintenance, water quality monitoring and testing, weed and pest abatement,
				  and other similar activities consistent with existing agreements between the
				  Department and its water contractors.
1. New
					 article 10 (section
					 635.0) and section filed
					 4-22-2015; operative 7-1-2015 (Register 2015, No. 17).
Note: Authority cited: Section
						12899.9, Water
						Code. Reference: Sections
						12937 and
						12899.11, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 6 - Encroachments › Article 10 - General Encroachment Permit for Operations and Maintenance by Public Agencies › Section 649.6 - Authority (Conflict of Interest Code). [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 7 - Water Loss Audits and Water Loss Control Reporting › Section 638.2 - Audit Standards and Frequency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Urban retail water suppliers shall, on an annual basis,
				  conduct water loss audits of their potable water systems in accordance with the
				  methods in AWWA's Manual of Water Supply Practices -- M36, "Water Audits and
				  Loss Control Programs" (4th ed. 2016) and Free Water Audit Software, pursuant
				  to section
				  10608.34 of the
				  Water Code.
1. New section
				  filed 1-24-2018; operative 1-24-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 4).
2. Change without regulatory effect
				  renumbering section
				  700.2 to new section
				  638.2 filed 2-22-2018 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2018, No. 8).
Note: Authority cited: Section
					 10608.34, Water
					 Code. Reference: Section
					 10608.34, Water
					 Code
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 7 - Water Loss Audits and Water Loss Control Reporting › Section 638.3 - Standardized Conduct for Validation of Water Loss Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				water loss audits shall receive a Level 1 validation.
(b) A Level 1 validation shall include:
(1) An interview between the water audit
				validator and the person or persons who prepared the water loss audit, and any
				member of the utility staff with information that the water audit validator
				believes is necessary to complete the Level 1 audit validation.
(2) A review and evaluation of the following
				documentation:
(A) The completed AWWA Free
				Water Audit spreadsheet.
(B) The
				reported water volume from its own sources, as documented by the supply
				meter(s) or other means, as applicable.
(C) The reported volume of water imported and
				exported each month by connection.
(D) The documentation of the customer meter
				and supply meter accuracy testing and calibration.
(E) The reported volume of authorized
				consumption each month broken down by water rate, if different rates are
				applied to water users.
(3) A review and evaluation of the accuracy
				of performance indicators included in the AWWA Free Audit Software.
(4) A review of audit inputs and data grading
				values to confirm a correct application of methodology, and follow-up reviews
				(if indicated).
(5) A summary of
				the validation, including:
(A) Name and
				contact information of the water audit validator.
(B) A summary of the Level 1 validation
				utility staff interview, including the basis for the input derivations and the
				DVS selections.
(C) Any recommended
				changes to the water audit inputs by the water audit validator that were not
				accepted by the urban retail water supplier, and the rationale for not
				accepting the recommendations.
(D)
				A summary of any follow-up performance indicator reviews.
(E) Overall impressions, including the
				consistency of performance indicators with system conditions and water loss
				management practices.
(F) Any
				recommendations for further validation or water loss audit
				improvements.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 7 - Water Loss Audits and Water Loss Control Reporting › Section 638.4 - Technical Qualifications for a Water Audit Validator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of Reports submitted on or before June 30, 2019, a water audit
				validator means:
(1) A contractor working in
				the CA-NV AWWA Water Loss Technical Assistance Program ("Water Loss TAP")
				performing water loss audit training and conducting audit
				validations,
(2) An individual who
				can demonstrate having conducted water loss audits in accordance with the
				method specified in Section
				700.2, and having conducted a
				minimum of 10 Level 1 audit validations in accordance with the Water Research
				Foundation Level 1 Water Audit Validation: Guidance Manual 4639A (Water Audit
				Validation), or
(3) An individual
				certified by the CA-NV AWWA as a water audit validator.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 7 - Water Loss Audits and Water Loss Control Reporting › Section 638.5 - Audit Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Not
				later than October 1, 2017, and by October 1 of every year thereafter, urban
				retail water suppliers shall submit a Level 1 validated Report to the
				Department. The Report shall include data spanning 12 consecutive months, as
				follows:
(1) For utilities that prefer to
				provide Reports on a calendar year basis the reporting period shall be for
				calendar year 2016 and annually thereafter.
(2) For utilities that prefer to provide
				Reports on a fiscal year basis that is not on the calendar year, the first
				reporting period shall be for their 2016-2017 fiscal year and annually
				thereafter.
California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 7 - Water Loss Audits and Water Loss Control Reporting › Section 638.6 - Validated Water Loss Audit Acceptance Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Department shall evaluate Reports submitted under Section
				700.5. A Report shall be accepted
				if it contains the elements required under Section
				700.5, subsection (b), and meets
				the following criteria:
(1) The Report was
				properly validated by an individual with the qualifications specified in
				Section 700.4.
(2) The data and data grading values in the
				audit sheet indicate that the system is operating in a manner that is congruent
				with known characteristics of potable water system operations. To evaluate
				congruency, the Department may consider the presence and significance of any of
				the following conditions:
(A) The real losses
				are less than 0.0.
(B) The cost of
				the non-revenue water is greater than 100% of operating
				costs.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 1 - Definitions › Section 640 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Board" when used in this chapter and chapter 1.5, unless otherwise designated,
				  means either the State Water Resources Control Board or any California Regional
				  Water Quality Control Board.
(b)
				  "State Board" when used in this chapter and chapter 1.5 means the State Water
				  Resources Control Board.
(c)
				  "Regional Board" when used in this division means any California Regional Water
				  Quality Control Board.
1.
					 Renumbering of Subchapter 1 (from Sections
					 600-649, not consecutive, to
					 Subchapter 1, Sections
					 640-645.9, not consecutive--see
					 Cross Referencing Table preceding Detailed Analysis filed 5-23-79 as procedural
					 and organizational; effective upon filing (Register 79, No. 21).
2.
					 Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
					 32).
3. Amendment of division heading and repealer and new section
					 filed 3-26-98 as an interim regulation pursuant to Government Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
4. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						13203, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 2 - Purpose, Use and Effect of Regulations › Section 641 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this chapter are adopted for
					 the purpose of implementing and carrying out provisions of Parts 1, 2, 3, 5 and
					 5.1 of Division 2, Part 2 of Division 6, Division 7 and Division 7.5 of the
					 Water Code.
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Amendment filed 12-7-67 as organizational and procedural;
					 effective upon filing (Register 67, No. 49).
3. Amendment filed
					 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						185 and
						1058, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 2 - Purpose, Use and Effect of Regulations › Section 641.1 - Use and Effect. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
					 5).
2. Repealer filed 8-6-81; effective thirtieth day thereafter
					 (Register 81, No. 32).
Note: Authority cited and Reference: Section
						1058, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 3 - Official Records [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  Article 3 (Sections
				  642 and
				  642.1) filed 8-6-81; effective
				  thirtieth day thereafter (Register 81, No. 32). For prior history, see Register
				  60, No. 5.
Note: Authority and reference cited: Section
					 1058, Water
					 Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 4 - Meeting Notice and Agenda Requirements [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  4 (Sections
				  620-623) filed 3-8-74; effective
				  thirtieth day thereafter (Register 74, No. 10).
2. Repealer of
				  Article 4 (Sections
				  643-643.3) filed 12-1-80;
				  effective thirtieth day thereafter (Register 80, No. 49).
Note: Authority cited: Section
					 1058, Water
					 Code. Reference: Section
					 11125,
					 Government Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644 - State Board Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Water Code Section
					 13388, no
					 person shall be a member of the State Board if he receives or has received
					 during the previous two years a significant portion of his income directly or
					 indirectly from any person subject to waste discharge requirements or an
					 applicant for waste discharge requirements under the provisions of Chapter 5.5,
					 Division 7, California Water Code (NPDES permits).
1. New
					 Article 5 (Sections
					 625-631) filed 5-22-75; effective
					 thirtieth day thereafter (Register 75, No. 21).
Note: Authority cited: Section
						1058, Water
						Code. Reference: Section
						11125,
						Government Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644.1 - Regional Water Quality Control Board Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Water Code Section
					 13388, no
					 person shall be a member of a Regional Board if he receives or has received
					 during the previous two years a significant portion of his income directly or
					 indirectly from any person subject to waste discharge requirements or an
					 applicant for waste discharge requirements under the provisions of Chapter 5.5,
					 Division 7, California Water Code (NPDES permits).
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						1058,
						13370 and
						13371, Water
						Code. Reference: Sections
						13388, Water
						Code; and Clean Water Act Section
						304(i)(2)(D),
						33 USC Section
						1314(i)(2)(D) and
						40 CFR Section
						123.25(c)(1)(i), (ii), (iii), (iv) and
						(c)(2).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644.2 - Significant Portion of Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "significant portion of his income" shall mean ten
					 percent of gross personal income for a calendar year except that it shall mean
					 50 percent of gross personal income for a calendar year if the recipient is
					 over 60 years of age and is receiving such portion pursuant to retirement,
					 pension or similar arrangement.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						1058,
						13370 and
						13371, Water
						Code. Reference: Sections
						13388, Water
						Code; and Clean Water Act Section
						304(i)(2)(D),
						33 USC Section
						1314(i)(2)(D) and
						40 CFR Section
						123.25(c)(1)(ii).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644.3 - Persons Subject to Requirements and Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms "persons subject to waste discharge requirements"
					 and "applicant for waste discharge requirements" shall apply only to persons
					 regulated under Chapter 5.5, Division 7, California Water Code (NPDES permits)
					 but shall not include any department or agency of the state government
					 including the University of California and the State University and
					 Colleges.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						1058,
						13370 and
						13371, Water
						Code. Reference: Sections
						13388, Water
						Code; and Clean Water Act Section
						304(i)(2)(D),
						33 USC Section
						1314(i)(2)(D) and
						40 CFR Section
						123.25(c)(1)(iii).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644.4 - Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The word "income" includes, but is not limited to,
					 retirement benefits, consultant fees, and stock dividends.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						1058,
						13370 and
						13371, Water
						Code. Reference: Sections
						13388, Water
						Code; and Clean Water Act Section
						304(i)(2)(D),
						33 USC Section
						1314(i)(2)(D) and
						40 CFR Section
						123.25(c)(1)(iv).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644.5 - Direct or Indirect Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Income is not received "directly or indirectly" which is
					 derived from mutual fund payments, or from other investments which are so
					 diversified that the recipient does not know the identity of the primary
					 sources of income.
1. New NOTE
					 filed 10-1-85; effective thirtieth day thereafter (Register 85, No. 40).
Note: Authority cited: Sections
						1058,
						13370 and
						13371, Water
						Code. Reference: Sections
						13388, Water
						Code; and Clean Water Act Section
						304(i)(2)(D),
						33 USC Section
						1314(i)(2)(D) and
						40 CFR Section
						123.25(c)(2).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1 - General Provisions › Article 5 - Conflict of Interest › Section 644.6 - Board Member's Statement of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
By July 15, 1975, and by April 30 of each year thereafter,
					 each member of the State Board and each member of a Regional Water Quality
					 Control Board shall file with the Executive Director of the State Board a
					 statement under penalty of perjury containing the following information:
(a) The names of any persons who are
				  applicants for waste discharge requirements, or who are subject to waste
				  discharge requirements, from which the Board member has received any
				  income.
(b) If the total of income
				  from persons listed under (a) is in excess of ten percent of his gross personal
				  income for the current year or for either of the two previous calendar
				  years.
(c) If the Board member is
				  over 60 years of age, whether the total of income from persons listed under (a)
				  from retirement, pension or similar arrangement is in excess of 50 percent of
				  his gross personal income for the current year or for either of the two
				  previous calendar years.
1. Amendment
					 filed 8-6-81; effective thirtieth day thereafter (Register 81, No. 32).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						11125,
						Government Code, Section
						13388, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 1 - Meetings › Section 647 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Provisions of this article are intended to govern
					 procedures of the State Water Resources Control Board (State Board) and the
					 Regional Water Quality Control Board (Regional Boards) in public meetings of
					 the State and Regional Boards. This subchapter is intended to establish minimum
					 requirements of practice and procedure. It is a supplement to the requirements
					 of Article 9 (commencing with Section
					 11120), Chapter 1, Part 1,
					 Division 3 of the Government Code, also known as the Bagley Act. To the extent
					 that other sections of this chapter establish more detailed and specific
					 procedures, those sections shall apply. Unless otherwise specified, use of the
					 word "Board" in this subchapter shall mean both the State Board and the
					 Regional Boards.
1. New
					 Subchapter 1.5 (Articles 1-4, Sections
					 647-649.6).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						11120, et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 1 - Meetings › Section 647.1 - Scheduling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State and Regional Boards shall meet at least six times a
					 year. Additional meetings may be held at any time.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						11120, et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 1 - Meetings › Section 647.3 - Public Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  person may submit comments in writing on any agenda item. Any person submitting
				  such comments shall provide the Board with a copy of the comments in advance of
				  the meeting at which it is to be considered. Such comments may be inspected by
				  any interested person.
(b) Persons
				  present shall be given an opportunity to make relevant oral comments on any
				  agenda item; provided, however, that the Chairperson or other presiding member
				  may limit or preclude such comments as necessary for the orderly conduct of
				  business. The provisions of this section are limited to meetings and shall not
				  apply to adjudicatory hearings as defined and provided for in Article
				  2.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						11120, et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 1 - Meetings › Section 647.4 - Recording of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  State and Regional Board public meetings shall be recorded by stenographic
				  reporter or electronic recording or both. Such recordings shall be available
				  for public review and copying at the appropriate State or Regional Board
				  office.
(b) The cost of copying the
				  record of any meeting shall be borne by the requester. Staffing needs may
				  require that copying be performed at another location by persons other than the
				  staff of the Board.
(c) The
				  recordings shall be retained for the period of time required by applicable law
				  governing the retention of records of state agency public proceedings, or until
				  conclusion of administrative or judicial proceedings, whichever is
				  later.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						11120, et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 1 - Meetings › Section 647.5 - Minutes of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  State and Regional Boards shall keep minutes of their meetings.
(b) Minutes shall be approved by each
				  Board.
(c) Approved minutes shall
				  be the official record of actions taken at any meeting.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						11120, et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.2 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board or presiding officer may take official notice of
					 such facts as may be judicially noticed by the courts of this state. Upon
					 notice to the parties, official notice may also be taken of any generally
					 accepted technical or scientific matter within the Board's field of expertise,
					 provided parties appearing at the hearing shall be informed of the matters to
					 be noticed. The Board or presiding officer shall specify the matters of which
					 official notice is to be taken. Parties shall be given a reasonable opportunity
					 on request to refute officially noticed technical or scientific matters in a
					 manner to be determined by the Board or presiding officer.
1. Repealer
					 and new section filed 3-26-98 as an interim regulation pursuant to Government
					 Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263 and
						13378, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.3 - Evidence by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public records of the Board that are relevant to the
					 subject of the hearing, and books, reports, and other evidence that have been
					 prepared and published by a public agency, if otherwise admissible, may in the
					 discretion of the Board be received in evidence as exhibits by reference
					 without the necessity of supplying copies to the Board and other parties,
					 provided the original or a copy is in the possession of the Board and the
					 specific file folder or other exact location where it can be found is
					 identified. The party offering an exhibit by reference shall designate the
					 particular portions on which the party relies. Each exhibit shall be
					 appropriately identified and designated in the record as an exhibit of the
					 party offering the exhibit or an exhibit of Board staff.
1. Repealer
					 and new section filed 3-26-98 as an interim regulation pursuant to Government
					 Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263 and
						13378, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.5 - Order of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Adjudicative proceedings shall be conducted in a manner as the Board deems most
				  suitable to the particular case with a view toward securing relevant
				  information expeditiously without unnecessary delay and expense to the parties
				  and to the Board. Adjudicative proceedings generally will be conducted in the
				  following order except that the chairperson or presiding officer may modify the
				  order for good cause:
(1) An opening
				  statement by the chairperson, presiding member, or hearing officer, summarizing
				  the subject matter and purpose of the hearing;
(2) Identification of all persons wishing to
				  participate in the hearing;
(3)
				  Administration of oath to persons who intend to testify;
(4) Presentation of any exhibits by staff of
				  the State or Regional Board who are assisting the Board or presiding
				  officer;
(5) Presentation of
				  evidence by the parties;
(6)
				  Cross-examination of parties' witnesses by other parties and by Board staff
				  assisting the Board or presiding officer with the hearing;
(7) Any permitted redirect and
				  recross-examination;
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.5.1 - Rules of Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Adjudicative proceedings will be conducted in accordance
					 with the provisions and rules of evidence set forth in Government Code section
					 11513.
					 Hearsay evidence is admissible subject to the provisions of Government Code
					 section
					 11513.
1. New
					 section filed 3-26-98 as an interim regulation pursuant to Government Code
					 section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263 and
						13378, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.6 - Alternative Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to article 5, commencing with section
					 11420.10, of chapter 4.5 of the
					 Administrative Procedure Act, the State Board or any Regional Board may refer a
					 dispute in a proceeding before it to mediation or nonbinding arbitration to
					 resolve any adjudicative issues pending before it. Under no circumstances may
					 any Board refer an issue to arbitration that is binding upon it with respect to
					 adjudicative issues pending before that Board.
1. Repealer
					 and new section filed 3-26-98 as an interim regulation pursuant to Government
					 Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						11420.10,
						Government Code; and Sections
						183,
						13263 and
						13378, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.7 - Informal Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the hearing notice specifies otherwise, the
					 presiding officer shall have the discretion to determine whether a matter will
					 be heard pursuant to the informal hearing procedures set forth in article 10,
					 commencing with section
					 11445.20,
					 of chapter 4.5 of the Administrative Procedure Act.
Among the factors that should be considered in making this
					 determination are:
The number of parties,
The number and nature of the written comments
					 received,
The number of interested persons wishing to present oral
					 comments at the hearing,
The complexity and significance of the issues involved,
					 and
The need to create a record in the matter.
An objection by a party, either in writing or at the time
					 of the hearing, to the decision to hold an informal hearing shall be resolved
					 by the presiding officer before going ahead under the informal procedure.
					 Failure to make a timely objection to the use of informal hearing procedures
					 before those procedures are used will constitute consent to an informal
					 hearing. A matter shall not be heard pursuant to an informal hearing procedure
					 over timely objection by the person to whom agency action is directed unless an
					 informal hearing is authorized under subdivision (a), (b), or (d) of section
					 11445.20 of the Government
					 Code.
1. Repealer
					 and new section filed 3-26-98 as an interim regulation pursuant to Government
					 Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263 and
						13378, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.8 - Enforcement Orders and Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  presiding officer or Board shall have the power to impose sanctions as
				  specified in Sections
				  11455.10
				  and
				  11455.30
				  of the Government Code.
(b) If the
				  Board cites a person for contempt for any of the actions listed in Section
				  11455.10
				  of the Government Code, then the matter shall be certified to the superior
				  court for contempt proceedings without further review by the Board. If the
				  Board orders payment of costs pursuant to Section
				  11455.30
				  of the Government Code, then the order is effective upon issuance.
(c) Board Review of Enforcement Orders and
				  Sanctions Imposed by Hearing Officers and Hearing Panels.
(1) If the presiding officer is a Board
				  member or other hearing officer or hearing panel authorized by the Board to
				  conduct the hearing, a citation for contempt issued pursuant to Section
				  11455.10
				  of the Government Code or an order for payment of costs issued pursuant to
				  Section
				  11455.30
				  of the Government Code is subject to review by the Board as provided in this
				  subdivision.
(2) The person or
				  persons subject to the citation or order may request a hearing before the Board
				  within 10 days of entry of the citation or order. The hearing will take place
				  at the next regularly scheduled meeting of that Board, subject to the
				  limitations of the Bagley-Keene Open Meeting Act (Article 9 [commencing with
				  Section 11120] of Chapter 1 of Part 1 of
				  Division 3 of Title 2 of the Government Code). If the Board determines that the
				  actions listed in Section
				  11455.10
				  of the Government Code occurred, then the matter shall be certified to the
				  superior court for contempt proceedings. The Board may affirm, set aside, or
				  modify as appropriate an order entered to pay reasonable expenses pursuant to
				  the provisions of Section
				  11455.30
				  of the Government Code.
(3) If the
				  person or persons subject to a citation or order fails to request a hearing
				  before the Board within 10 days of entry of the citation or order, then the
				  citation or order is final and subject to enforcement pursuant to Sections
				  11455.20
				  and
				  11455.30
				  of the Government Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 3 - Rulemaking and Informational Proceedings › Section 649 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Rulemaking proceedings" shall include any hearings designed for the adoption,
				  amendment, or repeal of any rule, regulation, or standard of general
				  application, which implements, interprets or makes specific any statute
				  enforced or administered by the State and Regional Boards.
(b) "Informational proceedings" shall include
				  any hearings designed to gather and assess facts, opinions, and other
				  information relevant to any matters within the jurisdiction of the Boards and
				  whose primary purposes are to assist the Boards in the formulation of policy or
				  guidelines for future Board action; to inform the public of Board policies,
				  reports, orders, plans, or findings; and to obtain public comment and opinion
				  with respect to such policies, reports, orders, plans, or findings, or to adopt
				  such policies, reports, orders plans, or findings.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						183, Water
						Code, and Sections
						11340 et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 3 - Rulemaking and Informational Proceedings › Section 649.1 - Rulemaking Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proceedings to adopt regulations, including notice thereof,
					 shall, as a minimum requirement, comply with all applicable requirements
					 established by the Legislature (Government Code Section
					 11340, et
					 seq.). This section is not a limitation on additional notice requirements
					 contained elsewhere in this chapter.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						183, Water
						Code, and Sections
						11340 et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 3 - Rulemaking and Informational Proceedings › Section 649.2 - Notice of Informational Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notice of informational proceedings shall
					 include:
(1) A statement of the nature
				  and purpose of the proceedings;
(2)
				  A statement of the time, date, and place of each proceeding.
Notice of informational proceedings shall, as a minimum
					 requirement, comply with applicable requirements of Section
					 647.2. This section is not a
					 limitation on additional notice requirements contained elsewhere in this
					 chapter.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						183, Water
						Code, and Sections
						11340 et seq., Government
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 3 - Rulemaking and Informational Proceedings › Section 649.3 - Order of Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Rulemaking or informational proceedings shall be conducted
					 in the following order; provided, however, that the Chairperson or presiding
					 member may modify the order for good cause:
(1) An opening statement by the Chairperson
				  or presiding member summarizing the subject matter and purpose of the
				  proceeding.
(2) Presentation of
				  comments or evidence by the staff of the Regional or State Board.
(3) Presentation of comments or evidence by
				  interested persons.
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Section
						183, Water
						Code, and Sections
						11340 et seq., Government
						Code.