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 23 - Water Quality Control Plans › Section 3007 - Amendments to the California Ocean Plan Adopted by the State Water Resources Control Board on October 16, 2012

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Water Resources Control Board (State Water Board)
				  adopted Resolution No. 2012-0056 and Resolution No. 2012-0057 on October 16,
				  2012, amending the California Ocean Plan (Ocean Plan) as follows:
(1)
Implementation of State Water
				Board Resolutions 2010-0057 and 2011-0013 State Water Quality Protection Areas
				and State Marine Protected Areas
. Establish a second category of State
				Water Quality Protection Areas (SWQPAs) that are less restrictive than the
				provisions associated with existing SWQPA -- Areas of Special Biological
				Significance (ASBS) while providing a higher level of protection than the Ocean
				Plan provisions that apply to all ocean waters of the state. This new category
				is identified as SWQPAs -- General Protection (GP). This includes provisions
				for siting and designation of SWQPAs -- GP in State Marine Parks and State
				Marine Conservation Areas and provisions and prohibitions that protect water
				quality in SWQPAs -- GP from certain types of existing and future point and
				nonpoint discharges while allowing some low threat discharges to continue
				without additional conditions.
(2)
Model Monitoring
. Amend Appendix III of the Ocean Plan to
				include a question-driven model ocean discharge monitoring approach,
				encouraging regional monitoring and providing consistency through a monitoring
				framework for point source, storm water and nonpoint source discharges to ocean
				waters throughout the state.
(3)
Control of Commercial Vessel Discharges and Invasive Species.
Amend the Ocean Plan to be applicable to vessel discharges, to create
				consistency with the state and federal laws and regulation, and to provide
				direction to dischargers and regulators to interpret, implement and comply with
				the various laws and regulations.
(4)
Non-Substantive Administrative
				Changes
. Provide updates related to location of Marine Protected
				Areas, outfall locations, and minor grammatical and editorial
				changes.
1. New section
				  containing concise summary of amendments to the California Ocean Plan filed
				  7-1-2013; operative 7-1-2013 pursuant to Government Code section
				  11353
				  (Register 2013, No. 27).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3008 - "Amendment to the Water Quality Control Plan for Ocean Waters of California to Control Trash" and "Part 1 Trash Provisions of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries" Adopted by the State Water Resources Control Board on April 7, 2015

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On April 7, 2015, the State Water Resources Control Board
				  (State Water Board) adopted Resolution 2015-0019, which approved an "Amendment
				  to the Water Quality Control Plan for Ocean Waters of California to Control
				  Trash" and "Part 1 Trash Provisions of the Water Quality Control Plan for
				  Inland Surface Waters, Enclosed Bays, and Estuaries" (collectively referred to
				  as the Trash Amendments).
(1) The
				Trash Amendments provide a consistent regulatory approach to protect the
				beneficial uses of surface waters of the state from impacts of trash through a
				land use-based compliance approach to focus limited resources on high-trash
				generating areas.
(2) The Trash
				Amendments apply to all surface waters of the State, with the exception of
				those waters within the jurisdiction of the Los Angeles Regional Water Board
				where trash or debris Total Maximum Daily Loads (TMDLs) are in effect prior to
				the effective date of the Trash Amendments.
(3) The Trash Amendments include six primary
				elements: a narrative water quality objective, a prohibition of discharge,
				corresponding applicability, implementation provisions, a time schedule, and
				monitoring and reporting requirements.
1. New section
				  summarizing amendments to water quality control plan for ocean waters filed
				  12-2-2015; amendments approved by State Water Resources Control Board
				  Resolution No. 2015-0019 on 4-7-2015; amendments approved by OAL pursuant to
				  Government Code section
				  11353 on
				  12-2-2015 (Register 2015, No. 49).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3009 - Amendment to the Statewide Water Quality Control Plan for the Ocean Waters of California Addressing Desalination Facility Intakes, Brine Discharges, and to Incorporate Other Non-Substantive Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On May 6, 2015, the State Water Resources Control Board
				  (State Water Board) adopted Resolution 2015-0033 that approved an Amendment to
				  the Statewide Water Quality Control Plan for the Ocean Waters of California
				  Addressing Desalination Facility Intakes, Brine Discharges, and to Incorporate
				  Other Non-substantive Changes (Desalination Amendment).
(1) The Desalination Amendment provides a
				consistent statewide approach for minimizing intake and mortality of all forms
				of marine life and protecting water quality and related beneficial uses of
				ocean waters at and near desalination facilities.
(2) The Desalination Amendment clarifies the
				State Water Board's authority over desalination facility intakes and discharges
				and provides direction to the regional water boards regarding the determination
				required by California Water Code section
				13142.5,
				subdivision (b).
(3) The
				Desalination Amendments includes implementation provisions for a statewide
				narrative receiving water limitation for salinity, an option for dischargers to
				apply for a facility-specific receiving water limitation, provisions that
				promote interagency collaboration for siting, design, and permitting of
				desalination facilities, and monitoring and reporting requirements.
1. New section
				  summarizing amendments to State Water Quality Control Plan for the Ocean Waters
				  of California filed 1-28-2016; amendments approved by State Water Resources
				  Control Board Resolution No. 2015-0033 on 5-6-2015; amendments approved by OAL
				  pursuant to Government Code section
				  11353 on
				  1-28-2016 (Register 2016, No. 5).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3010 - Part 2 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California - Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On May 2, 2017, the State Water Resources Control Board
				  (State Water Board) adopted Resolution 2017-0027, which approved "Part 2 of the
				  Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and
				  Estuaries of California -- Tribal and Subsistence Fishing Beneficial Uses and
				  Mercury Provisions" (referred to as the Provisions).
(1) The Provisions provide a consistent
				regulatory approach by setting mercury limits to protect the beneficial uses
				associated with the consumption of fish.
(2) The Provisions establish three new
				beneficial use definitions for use by the State Water Board and Regional Water
				Boards in designating Tribal Traditional Culture (CUL), Tribal Subsistence
				Fishing (T-SUB), and Subsistence Fishing (SUB) beneficial uses to inland
				surface waters, enclosed bays, or estuaries in the state. The Provisions do not
				designate any water bodies with these beneficial uses.
(3) The Provisions establish one new
				narrative and four new numeric mercury water quality objectives for the
				reasonable protection of people and wildlife that consume fish and apply to
				inland surface waters, enclosed bays, and estuaries of the state that have any
				of the following beneficial use definitions: COMM, CUL, T-SUB, WILD, MAR, RARE,
				WARM, COLD, EST, or SAL with the exception of waters with site-specific mercury
				objectives.
(4) The implementation
				provisions of the Provisions will be implemented through National Pollution
				Discharge Elimination System permits issued pursuant to section
				402 of the Clean Water Act, water
				quality certifications issued pursuant to section
				401 of the Clean Water Act, waste
				discharge requirements (WDRs) and waivers of WDRs, where any of the mercury
				water quality objectives apply. The implementation provisions pertaining to a
				particular beneficial use do not apply to dischargers that discharge to
				receiving waters for which a mercury or methylmercury total maximum daily load
				(TMDL) is established pertaining to the same beneficial use.
1. New section
				  summarizing adoption of the Water Quality Control Plan for Inland Surface
				  Waters, Enclosed Bays, and Estuaries of California -- Tribal and Subsistence
				  Fishing Beneficial Uses and Mercury Provisions filed 6-28-2017; adopted by
				  State Water Resources Control Board Resolution No. 2017-0027 on 5-2-2017;
				  approved by OAL pursuant to Government Code section
				  11353 on
				  6-28-2017 (Register 2017, No. 26).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3011 - Part 3 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California - Bacteria Provisions and a Water Quality Standards Variance Policy (Part 3 of the Iswebe) Adopted by the State Water Resources Control Board on August 7, 2018

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On August 7, 2018, the State Water Resources Control Board
				  (State Water Board) adopted Resolution 2018-0038, which adopted Part 3 of the
				  ISWEBE Plan.
Part 3 of the ISWEBE Plan:
(1) Establishes a beneficial use definition
				for limited water contact recreation (LREC-1) that may be used by the State
				Water Board and Regional Water Quality Control Boards in designating inland
				surface waters, enclosed bays, and estuaries.
(2) Provides a consistent regulatory approach
				to protect the primary contact recreation (REC-1) beneficial use by
				establishing two new numeric water quality objectives for bacteria.
(3) Includes the following implementation
				elements: reference system/antidegradation and natural sources exclusion
				approaches to account for natural sources of bacteria in the context of a total
				maximum daily load or a basin plan amendment; a high flow suspension and a
				seasonal suspension of the REC-1 beneficial use, a LREC-1 designation, and a
				water quality standards variance policy.
1. New section
				  summarizing amendments to water quality control plan filed 2-4-2019; amendments
				  approved by State Water Resources Control Board Resolution No. 2018-0038 on
				  8-7-2018; amendments approved by OAL pursuant to Government Code section
				  11353 on
				  2-4-2019 (Register 2019, No. 6).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3012 - Amendment to the Water Quality Control Plan for Ocean Waters of California - Bacteria Provisions and a Water Quality Standards Variance Policy (Ocean Plan Amendment) Adopted by the State Water Resources Control Board on August 7, 2018

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On August 7, 2018 the State Water Resources Control Board
				  adopted Resolution 2018-0038, which adopted the Ocean Plan Amendment.
The Ocean Plan Amendment:
(1) Provides a consistent regulatory approach
				to protect the primary contact recreation beneficial use by (1) removing the
				previously established total coliform objectives, (2) revising the enterococci
				objectives, and (3) retaining the previously established fecal coliform
				objective.
(2) Includes the
				following implementation elements: reference system/antidegradation and natural
				sources exclusion approaches to account for natural sources of bacteria in the
				context of a total maximum daily load or a basin plan amendment and a water
				quality standards variance policy.
1. New section
				  summarizing amendments to water quality control plan filed 2-4-2019; amendments
				  approved by State Water Resources Control Board Resolution No. 2018-0038 on
				  8-7-2018; amendments approved by OAL pursuant to Government Code section
				  11353 on
				  2-4-2019 (Register 2019, No. 6).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3013 - Amendment to Water Quality Control Plans for Inland Surface Waters and Enclosed Bays and Estuaries and Ocean Waters of California Adopted by the State Water Resources Control Board on April 2, 2019 and Amended April 6, 2021

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On April 2, 2019, the State Water Resources Control Board
				  (State Water Board) adopted Resolution No. 2019-0015, which adopted the State
				  Wetland Definition and Procedures for Discharges of Dredged or Fill Material to
				  Waters of the State (referred to as the Procedures). On April 6, 2021, the
				  State Water Board adopted Resolution No. 2021-0012, which stated that the
				  Procedures are for inclusion in the Water Quality Control Plan for Ocean Waters
				  of California and the Water Quality Control Plan for Inland Surface Waters,
				  Enclosed Bays, and Estuaries of California for waters of the United
				  States.
The Procedures establish:
(1) A wetland definition for all State and
				Regional Water Quality Control Board programs.
(2) A jurisdictional framework for
				determining if a feature that meets the wetland definition is a water of the
				state.
(3) Wetland delineation
				procedures.
(4) Procedures for the
				submittal, review and approval of applications for Water Quality Certifications
				and Waste Discharge Requirements for dredge or fill activities.
1. New section
				  summarizing amendments to water quality control plan filed 8-28-2019;
				  amendments approved by the State Water Resources Control Board Resolution No.
				  2019-0015 on 4-2-2019; amendments approved by OAL pursuant to Government Code
				  section
				  11353 on
				  8-28-2019; effective nine months after approval by OAL (Register 2019, No.
				  35).
2. Amendment to section summarizing amendments to water quality
				  control plan filed 11-18-2021; amendments approved by the State Water Resources
				  Control Board Resolution No. 2021-0012 on 4-6-2021; amendments approved by OAL
				  pursuant to Government Code section
				  11353 on
				  11-18-2021 (Register 2021, No. 47).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 23 - Water Quality Control Plans › Section 3014 - Amendment to the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California: Toxicity Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On December 1, 2020, the State Water Resources Control Board
				  (State Water Board) adopted Resolution No. 2020-0044. On October 5, 2021, the
				  State Water Board adopted Resolution No. 2021-0044. Collectively, these
				  resolutions adopted the State Policy for Water Quality Control: Toxicity
				  Provisions (referred to as the Toxicity Provisions) as a state policy for water
				  quality control for all inland surface waters, enclosed bays, estuaries, and
				  coastal lagoons of the state, and also for inclusion in the Water Quality
				  Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of
				  California for waters of the United States.
The primary goal of the Toxicity Provisions is to provide
				  consistent protection of aquatic life beneficial uses in all inland surface
				  waters, enclosed bays, estuaries, and coastal lagoons of the state from the
				  effects of toxicity. The Toxicity Provisions supersede any conflicting
				  provisions in regional water quality control plans. The Toxicity Provisions
				  include:
1) numeric water quality
				objectives for both chronic and acute aquatic toxicity that are expressed as a
				null hypothesis and alternative hypothesis and incorporate regulatory
				management decisions that represent the allowable error rates and thresholds
				that would result in an unacceptable risk to aquatic life,
2) requirements to use the Test of
				Significant Toxicity statistical approach for analyzing aquatic toxicity test
				data, and
3) a program of
				implementation to control toxicity in discharges and achieve, maintain, and
				protect aquatic life beneficial uses and water quality objectives. The main
				components of the program of implementation include specific requirements for
				species sensitivity screening, reasonable potential analysis, effluent
				limitations and targets, monitoring frequencies, and toxicity reduction
				evaluations.
1. New section
				  adopting State Policy for Water Control; Toxicity Provisions filed 4-25-2022;
				  approved by State Water Resources Control Board Resolution No. 2021-0044 on
				  10-5-2021; approved by OAL pursuant to Government Code section
				  11353 on
				  4-25-2022 (Register 2022, No. 17).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 1 - Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed] › Section 3410 - Scope of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 chapter 24, article 1 (sections
					 3410-3410.5) and section filed
					 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). A
					 Certificate of Compliance must be transmitted to OAL by 12-26-2002 or emergency
					 language will be repealed by operation of law on the following day. For prior
					 history of chapter 24, articles 1-2, sections
					 3580-3598, see Register 97, No.
					 2.
2. New chapter 24, article 1 (sections
					 3410-3410.5) and section refiled
					 12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51). A
					 Certificate of Compliance must be transmitted to OAL by 4-18-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 32).
4. New chapter 24 (article 2, sections
					 3420-3428) filed 12-3-2004 as an
					 emergency; operative 12-3-2004 (Register 2004, No. 49). A Certificate of
					 Compliance must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety
					 Code section
					 25299.108
					 or emergency language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 12-3-2004 order transmitted
					 to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
Note: Authority cited: Section
						79117, Water
						Code. Reference: Section
						79117, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 1 - Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed] › Section 3410.1 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002,
					 No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-2002 as an emergency, including
					 amendment of definition of "cooperating agency"; operative 12-19-2002 (Register
					 2002, No. 51). A Certificate of Compliance must be transmitted to OAL by
					 4-18-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 32).
Note: Authority cited: Section
						79117, Water
						Code. Reference: Sections
						79111,
						79114 and
						79117, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 1 - Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed] › Section 3410.2 - Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002,
					 No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-2002 as an emergency; operative
					 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be
					 transmitted to OAL by 4-18-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2004, No. 32).
Note: Authority cited: Section
						79117, Water
						Code. Reference: Sections
						79114,
						79114.3 and
						79117, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 1 - Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed] › Section 3410.3 - Evaluation Criteria. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002,
					 No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-2002 as an emergency; operative
					 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be
					 transmitted to OAL by 4-18-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2004, No. 32).
Note: Authority cited: Section
						79117, Water
						Code. Reference: Sections
						79114 and
						79117, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 1 - Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed] › Section 3410.4 - Selection Process. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002,
					 No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-2002 as an emergency; operative
					 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be
					 transmitted to OAL by 4-18-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2004, No. 32).
Note: Authority cited: Water Code: Section
						79117.
						Reference: Section
						79117, Water Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 1 - Pesticide Research, Identification of Source, and Mitigation Grant Program [Repealed] › Section 3410.5 - Project Implementation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002,
					 No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2002
					 or emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 12-19-2002 as an emergency; operative
					 12-19-2002 (Register 2002, No. 51). A Certificate of Compliance must be
					 transmitted to OAL by 4-18-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealed by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2004, No. 32).
Note: Authority cited: Section
						79117, Water
						Code. Reference: Sections
						79114 and
						79117, Water
						Code.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3421 - Grant and Loan Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Grant and loan funds may be used only to finance the costs necessary to
				  upgrade, remove, or replace project tanks to comply with chapter 6.7 of
				  division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and implementing regulations.
(b) The following are eligible grant and loan
				  costs:
(1) The cost of an "upgrade" or
				  "repair" of the project tanks as defined in section
				  2611 of title 23 of the California
				  Code of Regulations;
(2) The cost
				  of an upgrade or repair of the project tanks to comply with the section
				  41954
				  of the Health and Safety Code and implementing regulations; and
(3) The cost of complying with the
				  requirements of chapter 6.7 of division 20 of the Health and Safety Code and
				  implementing regulations for replacing or removing the project
				  tanks.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3421.1 - Maximum Lifetime Grant Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Except as provided in subdivision (b), the Board shall not provide a RUST
				  Program grant to a person or entity of more than seventy thousand dollars
				  ($70,000).
(b)
(1) Notwithstanding subdivision (a), the
				  Board may provide a grant of up to one hundred forty thousand dollars
				  ($140,000) to an applicant for a project that meets all of the following
				  conditions:
(A) The project facility is a
				  fueling station that is available for public use;
(B) There is no other fueling station
				  available for public use within a radius of 15 miles from the project
				  facility;
(C) The project tank will
				  be removed and replaced; and
(D)
				  The project tank is required to be permanently closed pursuant to section
				  25292.05
				  of the 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 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3422 - Loan Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant shall be eligible for a loan upon the
					 determination of the Board of all of the following:
(a) The applicant is an existing small
				  business that owns or operates the project tanks;
(b) The applicant is in compliance with the
				  financial responsibility requirements specified in sections
				  25292.2
				  and
				  25299.31
				  of the Health and Safety Code and with Subchapter IX (commencing with section
				  6991) of chapter 82 of title 42 of
				  the United States Code, as it may be amended or supplemented, and the
				  regulations adopted pursuant to that subchapter;
(c) All tanks owned or operated by applicant,
				  except for the project tanks, are in compliance with chapter 6.7 of division 20
				  of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and implementing regulations;
(d) The project tanks are in compliance, or
				  will be in compliance after the completion of the project, with chapter 6.7 of
				  division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and implementing regulations;
(e) The applicant demonstrates the ability to
				  repay the loan, and the availability of adequate collateral to secure the
				  loan.
(f) The total principal
				  balance on RUST Program loans currently owed by the applicant at the time of
				  the application is less than seven hundred forty thousand dollars
				  ($740,000).
1. New
					 section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004,
					 No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005
					 pursuant to Health and Safety Code section
					 25299.108
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-3-2004 order transmitted
					 to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3.
					 Amendment of section heading, section and NOTE filed 3-6-2023; operative
					 7-1-2023 (Register 2023, No. 10).
Note: Authority cited: Section
						25299.108,
						Health and Safety Code. Reference: Sections
						25299.101
						and
						25299.102,
						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 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3422.1 - Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant shall be eligible for a grant upon a determination by the Board of
				  all of the following:
(1) The applicant is a
				  small business that owns or operates the project tanks;
(2) All tanks owned and operated by the
				  applicant, except for the project tanks, are in compliance with chapter 6.7 of
				  division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and implementing regulations;
(3) Except as provided in subdivision (b),
				  the project facility meets either of the following:
(A) The project tanks are in compliance with
				  chapter 6.7 of division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and implementing regulations; or
(B) All of the following are true:
i. The project tanks will be in compliance
				  with chapter 6.7 of division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and implementing regulations following
				  completion of the project;
ii. The
				  applicant submitted the grant application no more than 180 days after the
				  applicable local agency notified the applicant that the project tanks are not
				  in compliance with chapter 6.7 of division 20 of the Health and Safety Code,
				  section
				  41954
				  of the Health and Safety Code, or any implementing regulation;
iii. The project tanks are not currently red
				  tagged pursuant to section
				  25292.3
				  of the Health and Safety Code; and
iv. The project facility, at the time of
				  application, is not subject to any enforcement action seeking to impose
				  administrative civil liability, civil liability, or criminal liability pursuant
				  to chapter 6.7 of division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, or any implementing regulation, unless the
				  underlying violations that are the subject of that enforcement action have been
				  corrected.
(4)
				  Except as provided in subdivision (b), the project facility is, or was during
				  any part of the two years preceding the submission of the application, legally
				  in business retailing motor vehicle fuel;
(5) The project facility has sold, at retail,
				  less than 1,500,000 gallons of gasoline annually for each of the two years
				  preceding the submission of the grant application; and
(6) Except as provided in subdivision (b) of
				  section 3421.1, the total of any previous
				  RUST Program grants that the applicant has received is less than sixty-seven
				  thousand dollars ($67,000).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3423 - Loan Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  loans shall be secured by a Uniform Commercial Code Financing Statement. The
				  term of the loan shall be for 20 years if the loan is also secured by real
				  property. The term of the loan shall be for 10 years if the loan is not also
				  secured by real property. The interest rate for loans is set pursuant to
				  section
				  25299.104
				  of the Health and Safety Code at one-half of the most recent overall yield on
				  general obligation bonds issued by the State Treasurer.
(b) The minimum loan amount is ten thousand
				  dollars ($10,000). The maximum loan amount is seven hundred fifty thousand
				  dollars ($750,000) less the total principal balance owed by the applicant on
				  existing RUST Program loans at the time of the application.
(c) Each loan agreement shall include the
				  following terms and conditions:
(1) A
				  description of collateral securing the loan and conditions pertaining thereto,
				  as determined by the Board, and agreed to by the applicant;
(2) A provision that the borrower shall pay a
				  late fee in the event of late or incomplete payment of principal or
				  interest;
(3) An affirmative
				  covenant by the borrower that it shall continuously comply with all permit
				  requirements and applicable laws, including chapter 6.7 of division 20 of the
				  Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and all implementing regulations throughout the
				  term of the loan;
(4) A provision
				  that all work funded with loan proceeds shall be performed by a contractor who
				  holds current and active license(s) issued by the California Contractors State
				  License Board and meets all applicable requirements set forth in section
				  2715 of chapter 16 of title 23 of
				  the California Code of Regulations;
(5) A provision that the borrower shall pay a
				  loan origination fee of up to two percent of the requested amount of loan
				  principal upon execution of the loan; and
(6) Any other provision that the Board
				  determines is necessary to protect its position as a creditor, to ensure that
				  the project meets all applicable laws, including chapter 6.7 of division 20 of
				  the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and all implementing regulations, or to ensure
				  the Board's compliance with applicable state funding laws.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3423.1 - Grant Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each grant agreement shall include the following terms and conditions:
(1) A covenant by the grantee to continuously
				  comply with all permit requirements and applicable laws, including chapter 6.7
				  of division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and all implementing regulations throughout the
				  term of the grant;
(2) A provision
				  that all work funded with grant proceeds shall be performed by a contractor who
				  holds current and active license(s) issued by the California State Contractors
				  License Board and meets all applicable requirements for service technicians set
				  forth in section
				  2715 of chapter 16 of title 23 of
				  the California Code of Regulations; and
(3) Any other provision that the Board
				  determines is necessary to ensure that the grant meets all applicable laws,
				  including chapter 6.7 of division 20 of the Health and Safety Code, section
				  41954
				  of the Health and Safety Code, and all implementing regulations and other state
				  funding laws.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3424 - Loan Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A completed application for a loan shall consist of the
					 following:
(a) The applicant's legal
				  name, the applicant's legal address or domicile, the applicant's mailing
				  address, the project address, legal entity type and documentation to support
				  the entity type, the number of full- and part-time workers employed by the
				  business, and if applicable, the applicant's fictitious business name and
				  documentation to support the fictitious business name;
(b) Information for the contact person for
				  the applicant, including that person's name and title, the telephone number
				  where the contact person can be contacted during normal business hours, and the
				  contact person's email address;
(c)
				  A list of the names, titles, and legal addresses or domiciles of each of the
				  applicant's principals and a list of the names and ownership percentages of
				  each of the applicant's owners, shareholders, or partners;
(d) The name of each guarantor and the
				  guarantor's mailing address, the telephone number where the guarantor can be
				  contacted during normal business hours, and the guarantor's email
				  address;
(e) A list of the project
				  tanks and any other tanks owned and/or operated by the applicant at the project
				  facility, the California Environmental Reporting System Identification Number
				  for each tank, and all of the following:
(1)
(A) A copy of the current operating permit
				  issued by the applicable local agency for each tank;
(B) Both of the following:
(i) A copy of a completed operating permit
				  application form signed by an authorized representative of the local agency, an
				  expired operating permit, or a permit renewal invoice; and
(ii) Evidence that the operating permit fee
				  has been paid for each of the underground storage tanks at the project facility
				  owned and/or operated by the applicant for the current year, consisting of a
				  canceled check or a receipt from the applicable local
				  agency;
(C) An
				  explanation of why the tank is exempt from the permitting requirements of
				  subdivision (a) of section
				  25284
				  of the Health and Safety Code; and
(D) An explanation of how the project will
				  bring the project tanks into compliance with the permitting requirements of
				  subdivision (a) of section
				  25284
				  of the Health and Safety Code in accordance with subdivision
				  (f).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3425 - Grant Application Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A completed application for a grant shall consist of the
					 following:
(a) The applicant's legal
				  name, the applicant's legal address or domicile, the applicant's mailing
				  address, the project address, legal entity type and documentation to support
				  the entity type, the number of full- and part-time workers employed by the
				  business, and if applicable, the applicant's fictitious business name and
				  documentation to support the fictitious business name;
(b) Information for the contact person for
				  the applicant, including that person's name and title, the telephone number
				  where the contact person can be contacted during normal business hours, and the
				  contact person's email address;
(c)
				  A list of the names, titles, and legal addresses or domiciles of each of the
				  applicant's principals;
(d) A list
				  of the project tanks and any other tanks owned and/or operated by the applicant
				  at the project facility, the California Environmental Reporting System
				  Identification Number for each tank, and all of the following:
(1)
(A) A
				  copy of the current operating permit issued by the applicable local agency for
				  each tank;
(B) Both of the
				  following:
(i) A copy of a completed
				  operating permit application form signed by an authorized representative of the
				  local agency, an expired operating permit, or a permit renewal invoice;
				  and
(ii) Evidence that the
				  operating permit fee has been paid for each of the underground storage tanks at
				  the project facility owned and/or operated by the applicant for the current
				  year, consisting of a canceled check or a receipt from the applicable local
				  agency;
(C) An
				  explanation why the tank is exempt from the permitting requirements of
				  subdivision (a) of section
				  25284
				  of the Health and Safety Code; and
(D) An explanation of how the project will
				  bring the project tanks into compliance with the permitting requirements of
				  subdivision (a) of section
				  25284
				  of the Health and Safety Code in accordance with subdivision
				  (e).
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3426 - Loan Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon receipt by the Board of the completed application, the Board shall approve
				  a request for a loan when it finds the following requirements are met:
(1) The applicant meets the conditions of
				  eligibility provided in section
				  3422;
(2) The Board has evaluated the applicant's
				  character, capital, and capacity and finds that the applicant is
				  creditworthy;
(3) The environmental
				  compliance and risks at the project facility support, or do not materially
				  adversely affect, the decision to make the loan;
(4) Guarantee(s), collateral, and the source
				  of repayment are sufficient for the proposed loan; and
(5) Funds are available to meet the funding
				  request.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3427 - Grant Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon receipt by the Board of the completed application, the Board shall approve
				  a request for a grant when it finds the following requirements are met:
(1) The applicant meets the conditions of
				  eligibility provided in section
				  3422.1; and
(2) Funds are available to meet the funding
				  request.
California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 24 - Grant and Loan Programs › Article 2 - Replacing, Removing, or Upgrading Petroleum Underground Storage Tanks Grant and Loan Program › Section 3428 - Misrepresentation; Repayment; Intentional or Reckless Acts; Disqualification of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  applicant that obtains grant or loan funds as a result of a material
				  misrepresentation in the application or another submitted document shall repay
				  to the Board the amount of grant or loan funds paid to the applicant.
(b) Any grant or loan funds paid to the
				  applicant to which applicant is not entitled must be repaid to the Board
				  immediately upon knowledge or notice that such a payment has been made and, in
				  any event, not later than thirty (30) days after a written request for
				  repayment by the Board.
(c) Moneys
				  repaid to the Board pursuant to this section shall be deposited in the
				  Petroleum Underground Storage Tank Financing Account established by section
				  25299.109
				  of the Health and Safety Code.
(d)
				  Notwithstanding any other provision of this article, costs that result from the
				  gross negligence or the intentional or reckless acts of the applicant or an
				  agent, servant, employee or representative of the applicant, are not eligible
				  for grant or loan funds pursuant to this chapter.
(e) The Board may disqualify an application
				  and may bar the application and any other application submitted by the
				  applicant from further participation in the RUST Program at any time if it is
				  found that any application submitted or any other information submitted by the
				  applicant contained a material error that was a result of misrepresentation,
				  fraud, or other misconduct on the part of the applicant.
(f) Remedies under this section are in
				  addition to, and do not supersede, or limit, any other civil, administrative,
				  or criminal remedies, including, but not limited to, those remedies set forth
				  under sections
				  25299.112,
				  25299.113,
				  and
				  25299.113.1
				  of the Health and Safety Code.
1. New
					 section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register 2004,
					 No. 49). A Certificate of Compliance must be transmitted to OAL by 6-1-2005
					 pursuant to Health and Safety Code section
					 25299.108
					 or emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 12-3-2004 order transmitted
					 to OAL 5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
3.
					 Amendment of section heading and subsection (c) and new subsections (d)-(f)
					 filed 3-6-2023; operative 7-1-2023 (Register 2023, No. 10).
Note: Authority cited: Section
						25299.108,
						Health and Safety Code. Reference: Sections
						25299.101,
						25299.102,
						25299.103,
						25299.105,
						25299.106
						and
						25299.109,
						Health and Safety Code.