California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 9 - Waste Discharge Reports and Requirements › Article 2 - Waste Discharge Requirements for Discharges Other than from Point Sources to Navigable Waters › Section 2232 - Ensuring Adequate Capacity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Whenever a regional board finds that a publicly owned wastewater treatment
				  plant will reach capacity within four years, the board shall notify the
				  discharger. Such notification shall inform the discharger that the regional
				  board will consider adopting a time schedule order pursuant to Section
				  13300 of the
				  Water Code or other enforcement order unless the discharger can demonstrate
				  that adequate steps are being taken to address the capacity problem. The
				  notification shall require the discharger to submit a technical report to the
				  regional board within 120 days showing how flow volumes will be prevented from
				  exceeding existing capacity or how capacity will be increased. A copy of such
				  notification shall be sent to appropriate local elected officials, local
				  permitting agencies and the press. The time for filing the required technical
				  report may be extended by the regional board. An extension of 30 days may be
				  granted by the executive officer. Longer extensions may be granted by the
				  regional board itself.
(b) The
				  required technical report shall be reviewed, approved and jointly submitted by
				  all planning and building departments having jurisdiction in the area served by
				  the waste collection, treatment, or disposal facilities.
(c) Public participation shall be required
				  during the preparation of the technical report. The report shall be accompanied
				  by a statement outlining how interested persons were involved in the
				  preparation of the technical report.
(d) Whenever a regional board finds that the
				  waste treatment or disposal facilities of a discharger will reach capacity
				  within four years and that adequate steps are not being taken to address the
				  capacity problem, it shall adopt a time schedule or other enforcement order.
				  Such action shall be preceded by notice and a hearing.
(e) A technical report need not be required
				  if the regional board finds that the burden of preparing the report does not
				  bear a reasonable relationship to its need and to the benefits of the report.
				  If a discharger questions that the cost of preparing the technical report bears
				  a reasonable relationship to the need for such a report or the benefits to be
				  obtained therefrom, the discharger may appeal to the regional board for relief
				  within 30 days of the date of the notice.
1. Repealer
					 of subsection (c) filed 3-10-72; effective thirtieth day thereafter (Register
					 72, No. 11).
2. Amendment filed 4-16-82; effective upon filing
					 pursuant to Government Code Section
					 11346.2(d)
					 (Register 82, No. 16).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						13225,
						13267,
						13300 and
						13301, Water
						Code.