California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 6 - Review by State Board of Action or Failure to Act by Regional Board › Section 2050.5 - Complete Petitions; Responses; Time Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				receipt of a petition that complies with section
				2050 the state board may either
				dismiss the petition pursuant to section
				2052, or may provide written
				notification to the petitioner, informing the discharger (if not the
				petitioner), the regional board, and other interested persons that they shall
				have 30 days from the date of mailing such notification to file a response to
				the petition with the state board. The regional board shall file the
				administrative record within this 30-day period, including a copy of the tape
				recording of the regional board action, or a transcript, if available.
				Responses to petitions and any other submissions shall be served concurrently
				upon the petitioner, the discharger (if not the petitioner) and the regional
				board, by any method listed in section
				2050, subdivision (b). Any points
				and authorities filed in response to the petition shall include citations to
				documents or the transcript of the regional board hearing where appropriate.
				The time for filing a response or the administrative record may be extended by
				the state board. Additional submissions will be allowed only upon written
				request and at the discretion of the state board.
(b) The state board shall review and act on
				the petition within 270 days from the date of mailing the notification
				described in subdivision (a), unless a hearing is held by the state board. If a
				hearing is held, the state board shall act on the petition within 330 days from
				the date of mailing the notification described in subdivision (a), or within
				120 days of the close of the hearing, whichever is later. If formal disposition
				is not made by the state board within these time limits the petition is deemed
				denied. These time limits may be extended for a period not to exceed 60 days
				with written agreement from the petitioner. The time limits for formal
				disposition do not apply while action on a petition is held in abeyance, as
				provided in subdivision (d).
(c)
				The state board may, on its motion, review a regional board's action or failure
				to act for any reason, including lack of formal disposition by the state board
				within the time limits provided in subdivision (b).
(d) A petition may be held in abeyance at the
				request or with the agreement of the petitioner.
(1) A request or agreement to hold a petition
				in abeyance must be in writing and shall be provided to the state board, the
				regional board, and the discharger, if not the petitioner.
(2) Petitions may be held in abeyance unless
				the regional board provides reasonable grounds for objection. For petitions
				challenging the assessment of administrative civil liability or penalties,
				written agreement from the regional board is required.
(3) The time limits for formal disposition
				and for filing a response to the petition and the administrative record shall
				be tolled during the time a petition is held in abeyance, and shall recommence
				running when the petition is removed from abeyance.