Chapter 5.5Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972

Section § 13370

Explanation

This law highlights the importance of managing water pollution within the state of California. It aligns state regulations with the Federal Water Pollution Control Act, which governs the issuance of permits for discharging pollutants into U.S. navigable waters and managing sewage sludge. The law supports the state’s authority to issue these permits instead of direct federal oversight.

Additionally, the state plans to seek federal funding to effectively implement these measures, ensuring compliance with federal standards while maintaining local control over pollution management.

The Legislature finds and declares as follows:
(a)CA Water Code § 13370(a) The Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, provides for permit systems to regulate the discharge of pollutants and dredged or fill material to the navigable waters of the United States and to regulate the use and disposal of sewage sludge.
(b)CA Water Code § 13370(b) The Federal Water Pollution Control Act, as amended, provides that permits may be issued by states which are authorized to implement the provisions of that act.
(c)CA Water Code § 13370(c) It is in the interest of the people of the state, in order to avoid direct regulation by the federal government of persons already subject to regulation under state law pursuant to this division, to enact this chapter in order to authorize the state to implement the provisions of the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, and federal regulations and guidelines issued pursuant thereto, provided, that the state board shall request federal funding under the Federal Water Pollution Control Act for the purpose of carrying out its responsibilities under this program.
Federal Water Pollution Control Act pollutant discharge permits navigable waters state regulation sewage sludge management federal funding pollution control water management state authority federal guidelines California environmental law pollution regulation state implementation federal oversight
(Amended by Stats. 1987, Ch. 1189, Sec. 1.)

Section § 13370.5

Explanation

This law explains that it's beneficial for California to create its own program to manage the treatment of wastewater before it gets to public treatment facilities. This helps avoid the need for direct federal oversight. It mandates the creation of a state-level program that follows federal guidelines and requires the state to ask the EPA for approval of this program by September 1, 1985.

(a)CA Water Code § 13370.5(a) The Legislature finds and declares that, since the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.), as amended, and applicable federal regulations (40 C.F.R. 403 et seq.) provide for a pretreatment program to regulate the discharge of pollutants into publicly owned treatment works and provide that states with approved national pollutant discharge elimination system (NPDES) permit programs shall apply for approval of a state pretreatment program, it is in the interest of the people of the state to enact this section in order to avoid direct regulation by the federal government of publicly owned treatment works already subject to regulation under state law pursuant to this division.
(b)CA Water Code § 13370.5(b) The state board shall develop a state pretreatment program and shall, not later than September 1, 1985, apply to the Environmental Protection Agency for approval of the pretreatment program in accordance with federal requirements.
pretreatment program federal oversight public treatment facilities wastewater management EPA approval pollutant discharge state-level program NPDES permit programs water pollution control
(Added by Stats. 1984, Ch. 1542, Sec. 1.)

Section § 13372

Explanation

This chapter is designed to align with federal water pollution laws, specifically the Federal Water Pollution Control Act. It overrides any conflicting state laws and is only applicable to actions mandated by federal law. State provisions that don't conflict with this chapter or federal requirements remain effective. This chapter also specifies that rules about reporting discharges of dredged or fill material apply only when the state has an approved federal permit program for such discharges.

(a)CA Water Code § 13372(a) This chapter shall be construed to ensure consistency with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto. To the extent other provisions of this division are consistent with the provisions of this chapter and with the requirements for state programs implementing the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto, those provisions apply to actions and procedures provided for in this chapter. The provisions of this chapter shall prevail over other provisions of this division to the extent of any inconsistency. The provisions of this chapter apply only to actions required under the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.
(b)CA Water Code § 13372(b) The provisions of Section 13376 requiring the filing of a report for the discharge of dredged or fill material and the provisions of this chapter relating to the issuance of dredged or fill material permits by the state board or a regional board shall be applicable only to discharges for which the state has an approved permit program, in accordance with the provisions of the Federal Water Pollution Control Act, as amended, for the discharge of dredged or fill material.
Federal Water Pollution Control Act state programs dredged material fill material permit program state board regional board water pollution state compliance federal requirements reporting discharges state-approved permits environmental regulations consistent provisions federal alignment
(Amended by Stats. 2003, Ch. 683, Sec. 5. Effective January 1, 2004.)

Section § 13373

Explanation

This section makes it clear that certain terms related to water pollution, such as 'navigable waters,' 'administrator,' 'pollutants,' 'biological monitoring,' 'discharge,' and 'point sources,' are defined the same way as they are in the Federal Water Pollution Control Act and its amendments or supplements. This ensures consistent interpretation of these terms in both state and federal contexts.

The terms “navigable waters,” “administrator,” “pollutants,” “biological monitoring,” “discharge” and “point sources” as used in this chapter shall have the same meaning as in the Federal Water Pollution Control Act and acts amendatory thereof or supplementary thereto.
navigable waters Federal Water Pollution Control Act pollutants definition biological monitoring water pollution terms discharge definition point sources water regulation consistency water quality terms state and federal definitions environmental monitoring water discharge pollution control water pollution compliance environmental terminology
(Amended by Stats. 1987, Ch. 1189, Sec. 4.)

Section § 13374

Explanation

In this section, "waste discharge requirements" mean the same thing as "permits" under the Federal Water Pollution Control Act.

The term “waste discharge requirements” as referred to in this division is the equivalent of the term “permits” as used in the Federal Water Pollution Control Act, as amended.
waste discharge requirements permits Federal Water Pollution Control Act water pollution regulations wastewater permits federal environmental law pollution control environmental permits waste management discharge compliance water quality protection pollution permits water discharge permits environmental compliance federal permits
(Added by Stats. 1972, Ch. 1256.)

Section § 13375

Explanation

This law makes it illegal to release any harmful substances associated with warfare, like radiological, chemical, or biological agents, into the state's water bodies.

The discharge of any radiological, chemical, or biological warfare agent into the waters of the state is hereby prohibited.
prohibited discharge radiological agents chemical warfare agents biological warfare agents water contamination environmental protection state waters toxic substances water safety pollution prevention hazardous agents warfare substances water pollution public health water quality
(Added by Stats. 1972, Ch. 1256.)

Section § 13376

Explanation

If you're planning to discharge pollutants or material like dredged or fill into U.S. navigable waters in California, you need to file a detailed report. This is mandatory unless you're exempt from federal permit requirements. You must file this report 180 days before starting your discharge or treatment operation. For treatment works operating before 1988 without discharging into navigable waters, you must report within 45 days if requested. Unpermitted discharges or operations are prohibited unless you're specifically exempt under federal law.

A person who discharges pollutants or proposes to discharge pollutants to the navigable waters of the United States within the jurisdiction of this state or a person who discharges dredged or fill material or proposes to discharge dredged or fill material into the navigable waters of the United States within the jurisdiction of this state shall file a report of the discharge in compliance with the procedures set forth in Section 13260. Unless required by the state board or a regional board, a report need not be filed under this section for discharges that are not subject to the permit application requirements of the Federal Water Pollution Control Act, as amended. A person who proposes to discharge pollutants or dredged or fill material or to operate a publicly owned treatment works or other treatment works treating domestic sewage shall file a report at least 180 days in advance of the date on which it is desired to commence the discharge of pollutants or dredged or fill material or the operation of the treatment works. A person who owns or operates a publicly owned treatment works or other treatment works treating domestic sewage, which treatment works commenced operation before January 1, 1988, and does not discharge to navigable waters of the United States, shall file a report within 45 days of a written request by a regional board or the state board, or within 45 days after the state has an approved permit program for the use and disposal of sewage sludge, whichever occurs earlier. The discharge of pollutants or dredged or fill material or the operation of a publicly owned treatment works or other treatment works treating domestic sewage by any person, except as authorized by waste discharge requirements or dredged or fill material permits, is prohibited. This prohibition does not apply to discharges or operations if a state or federal permit is not required under the Federal Water Pollution Control Act, as amended.
discharge pollutants navigable waters report filing dredged material fill material permits Federal Water Pollution Control Act treatment works publicly owned treatment works sewage sludge disposal waste discharge requirements operation commencement regional board request prohibition of discharge permit exemptions
(Amended by Stats. 2010, Ch. 288, Sec. 32. (SB 1169) Effective January 1, 2011.)

Section § 13377

Explanation
This law mandates that California's state and regional water boards must follow federal laws when issuing permits for waste discharge and for activities like dredging that could affect water quality. They must ensure these permits comply with federal standards and any stricter local rules necessary to protect water quality and beneficial uses, or to prevent nuisances.
Notwithstanding any other provision of this division, the state board or the regional boards shall, as required or authorized by the Federal Water Pollution Control Act, as amended, issue waste discharge requirements and dredged or fill material permits which apply and ensure compliance with all applicable provisions of the act and acts amendatory thereof or supplementary, thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans, or for the protection of beneficial uses, or to prevent nuisance.
waste discharge permits dredged material permits fill material permits water quality control Federal Water Pollution Control Act effluent standards water pollution prevention beneficial uses protection nuisance prevention state board responsibilities regional board responsibilities permit compliance stringent limitations implementation of water quality plans
(Amended by Stats. 1978, Ch. 746.)

Section § 13378

Explanation

This law requires that before waste discharge requirements or permits for dredged or fill material can be issued, there must be a notice and possibly a hearing. These requirements or permits have to be set for a specific time period and cannot last longer than five years.

Waste discharge requirements and dredged or fill material permits shall be adopted only after notice and any necessary hearing. Such requirements or permits shall be adopted for a fixed term not to exceed five years for any proposed discharge, existing discharge, or any material change therein.
waste discharge dredged material permits fill material permits notice requirement hearing requirement fixed term permits five-year permit limit proposed discharge existing discharge material change permit adoption environmental regulation permit expiration discharge requirements hearing process
(Amended by Stats. 1978, Ch. 746.)

Section § 13380

Explanation

This law states that permits related to waste discharge or dredged and fill material must be reviewed every five years and updated if necessary.

Any waste discharge requirements or dredged or fill material permits adopted under this chapter shall be reviewed at least every five years and, if appropriate, revised.
waste discharge requirements dredged material permits fill material permits review process five-year review permit revision environmental permits regulatory compliance permit update water quality environmental protection permit evaluation environmental regulations California water permits permit oversight
(Amended by Stats. 1978, Ch. 746.)

Section § 13381

Explanation

This law states that permits related to waste discharge or the placement of materials in water can be changed or revoked for specific reasons. These reasons include violating permit conditions, obtaining permits through misrepresentation or not sharing all necessary information, and changes in conditions that necessitate reducing or stopping the discharge allowed by the permit.

Waste discharge requirements or dredged or fill material permits may be terminated or modified for cause, including, but not limited to, all of the following:
(a)CA Water Code § 13381(a) Violation of any condition contained in the requirements or permits.
(b)CA Water Code § 13381(b) Obtaining the requirements by misrepresentation, or failure to disclose fully all relevant facts.
(c)CA Water Code § 13381(c) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.
waste discharge permits dredged material permits fill material permits permit termination permit modification violation of conditions permit misrepresentation failure to disclose facts temporary discharge reduction permanent discharge reduction permit conditions change environmental permits water pollution control regulatory compliance environmental law enforcement
(Amended by Stats. 1978, Ch. 746.)

Section § 13382

Explanation

This law mandates that specific rules must be put in place to regulate how pollutants are disposed of into wells or any nearby areas where pollutants could potentially seep into a well from the groundwater.

Waste discharge requirements shall be adopted to control the disposal of pollutants into wells or in areas where pollutants may enter into a well from the surrounding groundwater.
waste discharge requirements pollutant disposal groundwater contamination wells environmental protection pollution regulation groundwater safety well contamination waste management pollution control water safety environmental policy pollutant control sustainable water management groundwater protection
(Amended by Stats. 1984, Ch. 1461, Sec. 1.)

Section § 13382.5

Explanation

This law allows for the discharge of pollutants from a single source into a managed aquaculture project if it meets all necessary federal and local water quality regulations. The discharge must follow the Federal Water Pollution Control Act and any stricter local rules needed to maintain water quality plans.

Waste discharge requirements shall be adopted to permit the discharge of a specific pollutant or pollutants in a controlled manner from a point source to a defined managed aquaculture project if such discharge meets all applicable requirements of the Federal Water Pollution Control Act and acts amendatory thereof and supplementary thereto, together with any more stringent effluent standards or limitations necessary to implement water quality control plans.
waste discharge pollutants point source managed aquaculture project Federal Water Pollution Control Act water quality control plans effluent standards limitations water quality regulations environmental compliance aquaculture discharge permits water pollution controlled discharge
(Added by Stats. 1978, Ch. 618.)

Section § 13383

Explanation

This section allows state or regional boards to set up rules for monitoring, inspecting, entering, reporting, and keeping records for anyone dealing with water discharges or treatment. This includes people or businesses that discharge into navigable waters, introduce pollutants into public treatment plants, own or operate such plants, or handle sewage sludge.

The boards can require those subject to these rules to set up monitoring equipment, use specific monitoring methods like biological checks, and collect and provide samples and information as needed.

Additionally, the boards have the authority to inspect these facilities following certain procedures.

(a)CA Water Code § 13383(a) The state board or a regional board may establish monitoring, inspection, entry, reporting, and recordkeeping requirements, as authorized by Section 13160, 13376, or 13377 or by subdivisions (b) and (c) of this section, for any person who discharges, or proposes to discharge, to navigable waters, any person who introduces pollutants into a publicly owned treatment works, any person who owns or operates, or proposes to own or operate, a publicly owned treatment works or other treatment works treating domestic sewage, or any person who uses or disposes, or proposes to use or dispose, of sewage sludge.
(b)CA Water Code § 13383(b) The state board or the regional boards may require any person subject to this section to establish and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods, sample effluent as prescribed, and provide other information as may be reasonably required.
(c)CA Water Code § 13383(c) The state board or a regional board may inspect the facilities of any person subject to this section pursuant to the procedure set forth in subdivision (c) of Section 13267.
water discharge monitoring pollutant introduction public treatment works sewage treatment sewage sludge disposal facility inspection reporting requirements recordkeeping for discharges monitoring equipment biological monitoring methods sample effluent state board authority regional board authority navigable waters environmental regulations
(Amended by Stats. 2003, Ch. 683, Sec. 6. Effective January 1, 2004.)

Section § 13383.10

Explanation

This law requires the state board to publish and keep up-to-date a list of industrial classification codes relevant to a permit for stormwater discharges related to industrial, non-construction activities. This list must be updated following any changes by federal agencies. Also, by June 1, 2023, facilities that have received a nonapplicability or no exposure certification number since January 1, 2020, must upload the information they used to get those certifications to a specific state database.

(a)CA Water Code § 13383.10(a) On or before April 1, 2020, the state board shall post on its internet website, for the purpose of the determinations made by the city pursuant to Section 16000.3 of the Business and Professions Code and a county pursuant to Section 16100.3 of the Business and Professions Code, a list of all Standard Industrial Classification codes applicable to a General Permit for Stormwater Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 and known as the Industrial General Permit. The state board shall update that list on its internet website within 90 days of any final updates by the United States Department of Labor or the United States Environmental Protection Agency.
(b)CA Water Code § 13383.10(b) On or before June 1, 2023, the state board shall require all recipients of a nonapplicability (NONA) identification number or no exposure certification (NEC) identification number issued for a facility by the state board on or after January 1, 2020, to upload all pertinent information used to seek a NONA or NEC to the state board’s Stormwater Multiple Application and Report Tracking System database.
stormwater discharges industrial activities Standard Industrial Classification codes Industrial General Permit United States Department of Labor United States Environmental Protection Agency nonapplicability identification number no exposure certification Stormwater Multiple Application and Report Tracking System Business and Professions Code facility certification
(Amended by Stats. 2022, Ch. 678, Sec. 4. (SB 891) Effective January 1, 2023.)

Section § 13383.5

Explanation

This section of the law outlines the requirements for storm water monitoring programs that regulated municipalities and industries in California must follow. These entities are ones required to have a storm water permit under the Clean Water Act either by the end of 2001 or through industrial regulations excluding construction activities.

By January 1, 2003, the California state board was required to establish specific monitoring requirements, including standardized sample collection and analysis methods, using state certified labs. The program includes a standardized reporting format and protocols for quality assurance and control, with set minimum detection limits and annual reporting.

The regional board must consider a variety of environmental data when determining monitoring program details for storm water permits, and relevant requirements must be included in permits renewed after July 1, 2008. If funding is available, monitoring results should be publicly accessible online.

(a)CA Water Code § 13383.5(a) As used in this section, “regulated municipalities and industries” means the municipalities and industries required to obtain a storm water permit under Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and implementing regulations.
(b)CA Water Code § 13383.5(b) This section only applies to regulated municipalities that were subject to a storm water permit on or before December 31, 2001, and to regulated industries that are subject to the General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities.
(c)CA Water Code § 13383.5(c) Before January 1, 2003, the state board shall develop minimum monitoring requirements for each regulated municipality and minimum standard monitoring requirements for regulated industries. This program shall include, but is not limited to, all of the following:
(1)CA Water Code § 13383.5(c)(1) Standardized methods for collection of storm water samples.
(2)CA Water Code § 13383.5(c)(2) Standardized methods for analysis of storm water samples.
(3)CA Water Code § 13383.5(c)(3) A requirement that every sample analysis under this program be completed by a state certified laboratory or by the regulated municipality or industry in the field in accordance with the quality assurance and quality control protocols established pursuant to this section.
(4)CA Water Code § 13383.5(c)(4) A standardized reporting format.
(5)CA Water Code § 13383.5(c)(5) Standard sampling and analysis programs for quality assurance and quality control.
(6)CA Water Code § 13383.5(c)(6) Minimum detection limits.
(7)CA Water Code § 13383.5(c)(7) Annual reporting requirements for regulated municipalities and industries.
(8)CA Water Code § 13383.5(c)(8) For the purposes of determining constituents to be sampled for, sampling intervals, and sampling frequencies, to be included in a municipal storm water permit monitoring program, the regional board shall consider the following information, as the regional board determines to be applicable:
(A)CA Water Code § 13383.5(c)(8)(A) Discharge characterization monitoring data.
(B)CA Water Code § 13383.5(c)(8)(B) Water quality data collected through the permit monitoring program.
(C)CA Water Code § 13383.5(c)(8)(C) Applicable water quality data collected, analyzed, and reported by federal, state, and local agencies, and other public and private entities.
(D)CA Water Code § 13383.5(c)(8)(D) Any applicable listing under Section 303(d) of the Clean Water Act (33 U.S.C. Sec. 1313).
(E)CA Water Code § 13383.5(c)(8)(E) Applicable water quality objectives and criteria established in accordance with the regional board basin plans, statewide plans, and federal regulations.
(F)CA Water Code § 13383.5(c)(8)(F) Reports and studies regarding source contribution of pollutants in runoff not based on direct water quality measurements.
(d)CA Water Code § 13383.5(d) The requirements prescribed pursuant to this section shall be included in all storm water permits for regulated municipalities and industries that are reissued following development of the requirements described in subdivision (c). Those permits shall include these provisions on or before July 1, 2008. In a year in which the Legislature appropriates sufficient funds for that purpose, the state board shall make available to the public via the Internet a summary of the results obtained from storm water monitoring conducted in accordance with this section.
storm water permit Clean Water Act monitoring requirements municipal storm water regulated industries sample collection quality assurance quality control annual reporting requirements discharge characterization water quality data pollutant source contribution regional board considerations state certified laboratory public internet access
(Added by Stats. 2001, Ch. 492, Sec. 1. Effective January 1, 2002.)

Section § 13383.6

Explanation

Since January 1, 2007, if a regional or state board gives a municipal stormwater permit that requires schools to get educational materials on stormwater pollution, the permit holder can choose to meet this requirement by donating equivalent funds to the Environmental Education Account, if the board approves.

On and after January 1, 2007, if a regional board or the state board issues a municipal stormwater permit pursuant to Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) that includes a requirement to provide elementary and secondary public schools with educational materials on stormwater pollution, the permittee may satisfy the requirement, upon approval by the regional board or state board, by contributing an equivalent amount of funds to the Environmental Education Account established pursuant to subdivision (a) of Section 71305 of the Public Resources Code.
municipal stormwater permit stormwater pollution education Environmental Education Account elementary school education secondary school education regional board approval state board approval permit compliance educational materials funding public schools Clean Water Act Section 402(p) alternative compliance pollution prevention education educational outreach funding
(Added by Stats. 2005, Ch. 581, Sec. 7. Effective January 1, 2006.)

Section § 13383.7

Explanation

This law requires the California state board to create a detailed guidance document by July 1, 2009, to assess the effectiveness of municipal stormwater programs, as mandated by the Clean Water Act. The guidance should use measurable criteria to evaluate how well cities are managing stormwater. This includes checking compliance with permits, reducing pollutants, and improving water quality. Local programs should focus on elements like public education, construction controls, and eliminating illegal discharges. Both the state and regional boards must use this guidance document to shape municipal stormwater requirements.

(a)CA Water Code § 13383.7(a) No later than July 1, 2009, and after holding public workshops and soliciting public comments, the state board shall develop a comprehensive guidance document for evaluating and measuring the effectiveness of municipal stormwater management programs undertaken, and permits issued, in accordance with Section 402(p) of the Clean Water Act (33 U.S.C. Sec. 1342(p)) and this division.
(b)CA Water Code § 13383.7(b) For the purpose of implementing subdivision (a), the state board shall promote the use of quantifiable measures for evaluating the effectiveness of municipal stormwater management programs and provide for the evaluation of, at a minimum, all of the following:
(1)CA Water Code § 13383.7(b)(1) Compliance with stormwater permitting requirements, including all of the following:
(A)CA Water Code § 13383.7(b)(1)(A) Inspection programs.
(B)CA Water Code § 13383.7(b)(1)(B) Construction controls.
(C)CA Water Code § 13383.7(b)(1)(C) Elimination of unlawful discharges.
(D)CA Water Code § 13383.7(b)(1)(D) Public education programs.
(E)CA Water Code § 13383.7(b)(1)(E) New development and redevelopment requirements.
(2)CA Water Code § 13383.7(b)(2) Reduction of pollutant loads from pollution sources.
(3)CA Water Code § 13383.7(b)(3) Reduction of pollutants or stream erosion due to stormwater discharge.
(4)CA Water Code § 13383.7(b)(4) Improvements in the quality of receiving water in accordance with water quality standards.
(c)CA Water Code § 13383.7(c) The state board and the regional boards shall refer to the guidance document developed pursuant to subdivision (a) when establishing requirements in municipal stormwater programs and permits.
stormwater management municipal programs Clean Water Act pollutant reduction water quality standards illegal discharge elimination public education programs construction controls new development requirements stormwater permits stream erosion reduction receiving water improvements compliance evaluation inspection programs environmental monitoring
(Added by Stats. 2007, Ch. 610, Sec. 6. Effective January 1, 2008.)

Section § 13383.8

Explanation

The California state board is required to create a stormwater management task force, which includes various stakeholders like public agencies and nonprofits to advise on stormwater management strategies and priorities. Their input can cover program direction, choosing projects, and ensuring different state efforts are working together.

Additionally, by January 1, 2009, the state board had to report to the Ocean Protection Council about its progress in meeting the council's strategic goals concerning stormwater and polluted runoff control.

(a)CA Water Code § 13383.8(a) The state board shall appoint a stormwater management task force comprised of public agencies, representatives of the regulated community, and nonprofit organizations with expertise in water quality and stormwater management. The task force shall provide advice to the state board on its stormwater management program that may include, but is not limited to, program priorities, funding criteria, project selection, and interagency coordination of state programs that address stormwater management.
(b)CA Water Code § 13383.8(b) The state board shall submit a report, including, but not limited to, stormwater and other polluted runoff control information, to the Ocean Protection Council no later than January 1, 2009, on the way in which the state board is implementing the priority goals and objectives of the council’s strategic plan.
stormwater management task force water quality nonprofit organizations public agencies stormwater management program program priorities funding criteria project selection interagency coordination polluted runoff control Ocean Protection Council strategic plan advisory role reporting requirements priority goals
(Added by Stats. 2007, Ch. 610, Sec. 7. Effective January 1, 2008.)

Section § 13383.9

Explanation

This law requires the state board to create an online resource center for cities to help them meet stormwater permit requirements. It may include links to relevant agencies about storm sewer system permits, water quality measures for management programs, and regional stormwater agencies. Additionally, the resource can include a library of scientific studies on stormwater issues affecting communities.

The state board shall establish an online resource center that addresses measures available for municipalities to comply with municipal stormwater permit requirements and may include the following information:
(a)CA Water Code § 13383.9(a) Links to the following:
(1)CA Water Code § 13383.9(a)(1) Relevant state, federal, and local agencies regarding municipal separate storm sewer system national pollutant discharge elimination system permits.
(2)CA Water Code § 13383.9(a)(2) Water quality mitigation measures for watershed management programs or enhanced watershed management programs.
(3)CA Water Code § 13383.9(a)(3) Various regional agencies related to stormwater, including, but not limited to, public works departments and special districts.
(b)CA Water Code § 13383.9(b) A library of scientific studies relevant to stormwater issues confronting our communities.
municipal stormwater permit storm sewer system national pollutant discharge elimination water quality mitigation watershed management programs enhanced watershed management stormwater agencies public works departments scientific studies stormwater issues stormwater compliance online resource center municipalities environmental protection water quality management
(Added by Stats. 2016, Ch. 153, Sec. 1. (SB 1260) Effective January 1, 2017.)

Section § 13384

Explanation

This law ensures that when someone applies to discharge waste or fill materials into navigable waters in the state, both the public and any other potentially affected states are notified. They also have the chance to attend a public hearing before any permits or requirements are finalized.

The state board or the regional boards shall ensure that the public, and that any other state, the waters of which may be affected by any discharge of pollutants or dredged or fill material to navigable waters within this state, shall receive notice of each application for requirements or report of waste discharge or application for a dredged or fill material permit or report of dredged or fill material discharge and are provided an opportunity for public hearing before adoption of such requirements or permit.
waste discharge notification public hearing opportunity navigable waters discharge of pollutants dredged material permit fill material discharge affected state notification application for requirements waste discharge report public involvement in water issues environmental permits regional water boards state board responsibilities pollutant discharge regulations interstate water impact
(Amended by Stats. 1978, Ch. 746.)

Section § 13385

Explanation

California Water Code Section 13385 sets civil penalties for violations related to water quality regulations. If you violate certain water quality requirements or permits, you may face fines. The fines can be quite hefty, up to $25,000 per day for court-imposed penalties, with additional charges if the pollution exceeds cleanup capacities. Administrative penalties can also impose fines up to $10,000 per day. The statute emphasizes including factors like the severity of the violation and the ability to pay when determining penalties.

If multiple violations occur due to a single incident, they're generally treated as one, as long as certain conditions are met. The law mandates a minimum penalty of $3,000 for serious violations or repetitive infractions within six months, but there are exceptions, for instance, for unavoidable natural disasters. The law allows alternative enforcement for small communities by investing in compliance projects instead of paying penalties.

Funds collected from penalties primarily support cleanup efforts and are intended to deter future environmental violations while promoting environmental projects. The state board is required to report annually on enforcement actions and penalty effectiveness. Detailed exceptions and procedural guidelines are given for specific circumstances and types of dischargers. Amendments to certain subdivisions apply only to violations from 2003 onward.

(a)CA Water Code § 13385(a) A person who violates any of the following shall be liable civilly in accordance with this section:
(1)CA Water Code § 13385(a)(1) Section 13375 or 13376.
(2)CA Water Code § 13385(a)(2) A waste discharge requirement or dredged or fill material permit issued pursuant to this chapter or any water quality certification issued pursuant to Section 13160.
(3)CA Water Code § 13385(a)(3) A requirement established pursuant to Section 13383.
(4)CA Water Code § 13385(a)(4) An order or prohibition issued pursuant to Section 13243 or Article 1 (commencing with Section 13300) of Chapter 5, if the activity subject to the order or prohibition is subject to regulation under this chapter.
(5)CA Water Code § 13385(a)(5) A requirement of Section 301, 302, 306, 307, 308, 318, 401, or 405 of the federal Clean Water Act (33 U.S.C. Sec. 1311, 1312, 1316, 1317, 1318, 1341, or 1345), as amended.
(6)CA Water Code § 13385(a)(6) A requirement imposed in a pretreatment program approved pursuant to waste discharge requirements issued under Section 13377 or approved pursuant to a permit issued by the administrator.
(b)Copy CA Water Code § 13385(b)
(1)Copy CA Water Code § 13385(b)(1) Civil liability may be imposed by the superior court in an amount not to exceed the sum of both of the following:
(A)CA Water Code § 13385(b)(1)(A) Twenty-five thousand dollars ($25,000) for each day in which the violation occurs.
(B)CA Water Code § 13385(b)(1)(B) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed twenty-five dollars ($25) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons.
(2)CA Water Code § 13385(b)(2) The Attorney General, upon request of a regional board or the state board, shall petition the superior court to impose the liability.
(c)CA Water Code § 13385(c) Civil liability may be imposed administratively by the state board or a regional board pursuant to Article 2.5 (commencing with Section 13323) of Chapter 5 in an amount not to exceed the sum of both of the following:
(1)CA Water Code § 13385(c)(1) Ten thousand dollars ($10,000) for each day in which the violation occurs.
(2)CA Water Code § 13385(c)(2) Where there is a discharge, any portion of which is not susceptible to cleanup or is not cleaned up, and the volume discharged but not cleaned up exceeds 1,000 gallons, an additional liability not to exceed ten dollars ($10) multiplied by the number of gallons by which the volume discharged but not cleaned up exceeds 1,000 gallons.
(d)CA Water Code § 13385(d) For purposes of subdivisions (b) and (c), “discharge” includes any discharge to navigable waters of the United States, any introduction of pollutants into a publicly owned treatment works, or any use or disposal of sewage sludge.
(e)CA Water Code § 13385(e) In determining the amount of any liability imposed under this section, the regional board, the state board, or the superior court, as the case may be, shall take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue its business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters that justice may require. At a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation.
(f)Copy CA Water Code § 13385(f)
(1)Copy CA Water Code § 13385(f)(1) Except as provided in paragraph (2), for the purposes of this section, a single operational upset that leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
(2)Copy CA Water Code § 13385(f)(2)
(A)Copy CA Water Code § 13385(f)(2)(A) For the purposes of subdivisions (h) and (i), a single operational upset in a wastewater treatment unit that treats wastewater using a biological treatment process shall be treated as a single violation, even if the operational upset results in violations of more than one effluent limitation and the violations continue for a period of more than one day, if all of the following apply:
(i)CA Water Code § 13385(f)(2)(A)(i) The discharger demonstrates all of the following:
(I)CA Water Code § 13385(f)(2)(A)(i)(I) The upset was not caused by wastewater treatment operator error and was not due to discharger negligence.
(II) But for the operational upset of the biological treatment process, the violations would not have occurred nor would they have continued for more than one day.
(III) The discharger carried out all reasonable and immediately feasible actions to reduce noncompliance with the applicable effluent limitations.
(ii)CA Water Code § 13385(f)(2)(A)(ii) The discharger is implementing an approved pretreatment program, if so required by federal or state law.
(B)CA Water Code § 13385(f)(2)(A)(B) Subparagraph (A) only applies to violations that occur during a period for which the regional board has determined that violations are unavoidable, but in no case may that period exceed 30 days.
(g)CA Water Code § 13385(g) Remedies under this section are in addition to, and do not supersede or limit, any other remedies, civil or criminal, except that no liability shall be recoverable under Section 13261, 13265, 13268, or 13350 for violations for which liability is recovered under this section.
(h)Copy CA Water Code § 13385(h)
(1)Copy CA Water Code § 13385(h)(1) Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each serious violation.
(2)CA Water Code § 13385(h)(2) For the purposes of this section, a “serious violation” means any waste discharge that violates the effluent limitations contained in the applicable waste discharge requirements for a Group II pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 20 percent or more or for a Group I pollutant, as specified in Appendix A to Section 123.45 of Title 40 of the Code of Federal Regulations, by 40 percent or more.
(i)Copy CA Water Code § 13385(i)
(1)Copy CA Water Code § 13385(i)(1) Notwithstanding any other provision of this division, and except as provided in subdivisions (j), (k), and (l), a mandatory minimum penalty of three thousand dollars ($3,000) shall be assessed for each violation whenever the person does any of the following four or more times in any period of six consecutive months, except that the requirement to assess the mandatory minimum penalty shall not be applicable to the first three violations:
(A)CA Water Code § 13385(i)(1)(A) Violates a waste discharge requirement effluent limitation.
(B)CA Water Code § 13385(i)(1)(B) Fails to file a report pursuant to Section 13260.
(C)CA Water Code § 13385(i)(1)(C) Files an incomplete report pursuant to Section 13260.
(D)CA Water Code § 13385(i)(1)(D) Violates a toxicity effluent limitation contained in the applicable waste discharge requirements where the waste discharge requirements do not contain pollutant-specific effluent limitations for toxic pollutants.
(2)CA Water Code § 13385(i)(2) For the purposes of this section, a “period of six consecutive months” means the period commencing on the date that one of the violations described in this subdivision occurs and ending 180 days after that date.
(j)CA Water Code § 13385(j) Subdivisions (h) and (i) do not apply to any of the following:
(1)CA Water Code § 13385(j)(1) A violation caused by one or any combination of the following:
(A)CA Water Code § 13385(j)(1)(A) An act of war.
(B)CA Water Code § 13385(j)(1)(B) An unanticipated, grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(C)CA Water Code § 13385(j)(1)(C) An intentional act of a third party, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(D)Copy CA Water Code § 13385(j)(1)(D)
(i)Copy CA Water Code § 13385(j)(1)(D)(i) The operation of a new or reconstructed wastewater treatment unit during a defined period of adjusting or testing, not to exceed 90 days for a wastewater treatment unit that relies on a biological treatment process and not to exceed 30 days for any other wastewater treatment unit, if all of the following requirements are met:
(I)CA Water Code § 13385(j)(1)(D)(i)(I) The discharger has submitted to the regional board, at least 30 days in advance of the operation, an operations plan that describes the actions the discharger will take during the period of adjusting and testing, including steps to prevent violations and identifies the shortest reasonable time required for the period of adjusting and testing, not to exceed 90 days for a wastewater treatment unit that relies on a biological treatment process and not to exceed 30 days for any other wastewater treatment unit.
(II) The regional board has not objected in writing to the operations plan.
(III) The discharger demonstrates that the violations resulted from the operation of the new or reconstructed wastewater treatment unit and that the violations could not have reasonably been avoided.
(IV) The discharger demonstrates compliance with the operations plan.
(V)CA Water Code § 13385(j)(1)(D)(i)(V) In the case of a reconstructed wastewater treatment unit, the unit relies on a biological treatment process that is required to be out of operation for at least 14 days in order to perform the reconstruction, or the unit is required to be out of operation for at least 14 days and, at the time of the reconstruction, the cost of reconstructing the unit exceeds 50 percent of the cost of replacing the wastewater treatment unit.
(ii)CA Water Code § 13385(j)(1)(D)(i)(ii) For the purposes of this section, “wastewater treatment unit” means a component of a wastewater treatment plant that performs a designated treatment function.
(2)Copy CA Water Code § 13385(j)(2)
(A)Copy CA Water Code § 13385(j)(2)(A) Except as provided in subparagraph (B), a violation of an effluent limitation where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300, if all of the following requirements are met:
(i)CA Water Code § 13385(j)(2)(A)(i) The cease and desist order or time schedule order is issued after January 1, 1995, but not later than July 1, 2000, specifies the actions that the discharger is required to take in order to correct the violations that would otherwise be subject to subdivisions (h) and (i), and the date by which compliance is required to be achieved and, if the final date by which compliance is required to be achieved is later than one year from the effective date of the cease and desist order or time schedule order, specifies the interim requirements by which progress towards compliance will be measured and the date by which the discharger will be in compliance with each interim requirement.
(ii)CA Water Code § 13385(j)(2)(A)(ii) The discharger has prepared and is implementing in a timely and proper manner, or is required by the regional board to prepare and implement, a pollution prevention plan that meets the requirements of Section 13263.3.
(iii)CA Water Code § 13385(j)(2)(A)(iii) The discharger demonstrates that it has carried out all reasonable and immediately feasible actions to reduce noncompliance with the waste discharge requirements applicable to the waste discharge and the executive officer of the regional board concurs with the demonstration.
(B)CA Water Code § 13385(j)(2)(A)(B) Subdivisions (h) and (i) shall become applicable to a waste discharge on the date the waste discharge requirements applicable to the waste discharge are revised and reissued pursuant to Section 13380, unless the regional board does all of the following on or before that date:
(i)CA Water Code § 13385(j)(2)(A)(B)(i) Modifies the requirements of the cease and desist order or time schedule order as may be necessary to make it fully consistent with the reissued waste discharge requirements.
(ii)CA Water Code § 13385(j)(2)(A)(B)(ii) Establishes in the modified cease and desist order or time schedule order a date by which full compliance with the reissued waste discharge requirements shall be achieved. For the purposes of this subdivision, the regional board may not establish this date later than five years from the date the waste discharge requirements were required to be reviewed pursuant to Section 13380. If the reissued waste discharge requirements do not add new effluent limitations or do not include effluent limitations that are more stringent than those in the original waste discharge requirements, the date shall be the same as the final date for compliance in the original cease and desist order or time schedule order or five years from the date that the waste discharge requirements were required to be reviewed pursuant to Section 13380, whichever is earlier.
(iii)CA Water Code § 13385(j)(2)(A)(B)(iii) Determines that the pollution prevention plan required by clause (ii) of subparagraph (A) is in compliance with the requirements of Section 13263.3 and that the discharger is implementing the pollution prevention plan in a timely and proper manner.
(3)CA Water Code § 13385(j)(3) A violation of an effluent limitation where the waste discharge is in compliance with either a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300 or 13308, if all of the following requirements are met:
(A)CA Water Code § 13385(j)(3)(A) The cease and desist order or time schedule order is issued on or after July 1, 2000, and specifies the actions that the discharger is required to take in order to correct the violations that would otherwise be subject to subdivisions (h) and (i).
(B)CA Water Code § 13385(j)(3)(B) The regional board finds that, for one of the following reasons, the discharger is not able to consistently comply with one or more of the effluent limitations established in the waste discharge requirements applicable to the waste discharge:
(i)CA Water Code § 13385(j)(3)(B)(i) The effluent limitation is a new, more stringent, or modified regulatory requirement that has become applicable to the waste discharge after the effective date of the waste discharge requirements and after July 1, 2000, new or modified control measures are necessary in order to comply with the effluent limitation, and the new or modified control measures cannot be designed, installed, and put into operation within 30 calendar days.
(ii)CA Water Code § 13385(j)(3)(B)(ii) New methods for detecting or measuring a pollutant in the waste discharge demonstrate that new or modified control measures are necessary in order to comply with the effluent limitation and the new or modified control measures cannot be designed, installed, and put into operation within 30 calendar days.
(iii)CA Water Code § 13385(j)(3)(B)(iii) Unanticipated changes in the quality of the municipal or industrial water supply available to the discharger are the cause of unavoidable changes in the composition of the waste discharge, the changes in the composition of the waste discharge are the cause of the inability to comply with the effluent limitation, no alternative water supply is reasonably available to the discharger, and new or modified measures to control the composition of the waste discharge cannot be designed, installed, and put into operation within 30 calendar days.
(iv)CA Water Code § 13385(j)(3)(B)(iv) The discharger is a publicly owned treatment works located in Orange County that is unable to meet effluent limitations for biological oxygen demand, suspended solids, or both, because the publicly owned treatment works meets all of the following criteria:
(I)CA Water Code § 13385(j)(3)(B)(iv)(I) Was previously operating under modified secondary treatment requirements pursuant to Section 301(h) of the Clean Water Act (33 U.S.C. Sec. 1311(h)).
(II) Did vote on July 17, 2002, not to apply for a renewal of the modified secondary treatment requirements.
(III) Is in the process of upgrading its treatment facilities to meet the secondary treatment standards required by Section 301(b)(1)(B) of the Clean Water Act (33 U.S.C. Sec. 1311(b)(1)(B)).
(C)Copy CA Water Code § 13385(j)(3)(C)
(i)Copy CA Water Code § 13385(j)(3)(C)(i) The regional board establishes a time schedule for bringing the waste discharge into compliance with the effluent limitation that is as short as possible, taking into account the technological, operational, and economic factors that affect the design, development, and implementation of the control measures that are necessary to comply with the effluent limitation. Except as provided in clause (ii), for the purposes of this subdivision, the time schedule shall not exceed five years in length.
(ii)Copy CA Water Code § 13385(j)(3)(C)(i)(ii)
(I)Copy CA Water Code § 13385(j)(3)(C)(i)(ii)(I) For purposes of the upgrade described in subclause (III) of clause (iv) of subparagraph (B), the time schedule shall not exceed 10 years in length.
(II) Following a public hearing, and upon a showing that the discharger is making diligent progress toward bringing the waste discharge into compliance with the effluent limitation, the regional board may extend the time schedule for an additional period not exceeding five years in length, if the discharger demonstrates that the additional time is necessary to comply with the effluent limitation. This subclause does not apply to a time schedule described in subclause (I).
(iii)CA Water Code § 13385(j)(3)(C)(i)(iii) If the time schedule exceeds one year from the effective date of the order, the schedule shall include interim requirements and the dates for their achievement. The interim requirements shall include both of the following:
(I)CA Water Code § 13385(j)(3)(C)(i)(iii)(I) Effluent limitations for the pollutant or pollutants of concern.
(II) Actions and milestones leading to compliance with the effluent limitation.
(D)CA Water Code § 13385(j)(3)(D) The discharger has prepared and is implementing in a timely and proper manner, or is required by the regional board to prepare and implement, a pollution prevention plan pursuant to Section 13263.3.
(k)Copy CA Water Code § 13385(k)
(1)Copy CA Water Code § 13385(k)(1) In lieu of assessing all or a portion of the mandatory minimum penalties pursuant to subdivisions (h) and (i) against a publicly owned treatment works serving a small community, the state board or the regional board may elect to require the publicly owned treatment works to spend an equivalent amount towards the completion of a compliance project proposed by the publicly owned treatment works, if the state board or the regional board finds all of the following:
(A)CA Water Code § 13385(k)(1)(A) The compliance project is designed to correct the violations within five years.
(B)CA Water Code § 13385(k)(1)(B) The compliance project is in accordance with the enforcement policy of the state board, excluding any provision in the policy that is inconsistent with this section.
(C)CA Water Code § 13385(k)(1)(C) The publicly owned treatment works has prepared a financing plan to complete the compliance project.
(2)CA Water Code § 13385(k)(2) For the purposes of this subdivision, “a publicly owned treatment works serving a small community” means a publicly owned treatment works serving a population of 20,000 persons or fewer or a rural county, with a financial hardship as determined by the state board after considering such factors as median income of the residents, rate of unemployment, or low population density in the service area of the publicly owned treatment works.
(l)Copy CA Water Code § 13385(l)
(1)Copy CA Water Code § 13385(l)(1) In lieu of assessing penalties pursuant to subdivision (h) or (i), the state board or the regional board, with the concurrence of the discharger, may direct a portion of the penalty amount to be expended on a supplemental environmental project in accordance with the enforcement policy of the state board. If the penalty amount exceeds fifteen thousand dollars ($15,000), the portion of the penalty amount that may be directed to be expended on a supplemental environmental project may not exceed fifteen thousand dollars ($15,000) plus 50 percent of the penalty amount that exceeds fifteen thousand dollars ($15,000).
(2)CA Water Code § 13385(l)(2) For the purposes of this section, a “supplemental environmental project” means an environmentally beneficial project that a person agrees to undertake, with the approval of the regional board, that would not be undertaken in the absence of an enforcement action under this section.
(3)CA Water Code § 13385(l)(3) This subdivision applies to the imposition of penalties pursuant to subdivision (h) or (i) on or after January 1, 2003, without regard to the date on which the violation occurs.
(m)CA Water Code § 13385(m) The Attorney General, upon request of a regional board or the state board, shall petition the appropriate court to collect any liability or penalty imposed pursuant to this section. Any person who fails to pay on a timely basis any liability or penalty imposed under this section shall be required to pay, in addition to that liability or penalty, interest, attorney’s fees, costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which the failure to pay persists. The nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of the person’s penalty and nonpayment penalties that are unpaid as of the beginning of the quarter.
(n)Copy CA Water Code § 13385(n)
(1)Copy CA Water Code § 13385(n)(1) Subject to paragraph (2), funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account.
(2)Copy CA Water Code § 13385(n)(2)
(A)Copy CA Water Code § 13385(n)(2)(A) Notwithstanding any other provision of law, moneys collected for a violation of a water quality certification in accordance with paragraph (2) of subdivision (a) or for a violation of Section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341) in accordance with paragraph (5) of subdivision (a) shall be deposited in the Waste Discharge Permit Fund and separately accounted for in that fund.
(B)CA Water Code § 13385(n)(2)(A)(B) The funds described in subparagraph (A) shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state or for the purposes authorized in Section 13443.
(o)CA Water Code § 13385(o) The state board shall continuously report and update information on its Internet Web site. The state board shall report annually on or before December 31 regarding its enforcement activities. The information shall include all of the following:
(1)CA Water Code § 13385(o)(1) A compilation of the number of violations of waste discharge requirements in the previous calendar year, including stormwater enforcement violations.
(2)CA Water Code § 13385(o)(2) A record of the formal and informal compliance and enforcement actions taken for each violation, including stormwater enforcement actions.
(3)CA Water Code § 13385(o)(3) An analysis of the effectiveness of current enforcement policies, including mandatory minimum penalties.
(p)CA Water Code § 13385(p) The amendments made to subdivisions (f), (h), (i), and (j) during the second year of the 2001–02 Regular Session apply only to violations that occur on or after January 1, 2003.
civil penalties water quality violations discharge penalties waste discharge requirements Clean Water Act compliance administrative penalties serious water violations minimum penalty compliance project small community treatment works supplemental environmental project water pollution cleanup enforcement activities penalty calculation court-imposed fines
(Amended by Stats. 2017, Ch. 524, Sec. 3. (AB 355) Effective January 1, 2018.)

Section § 13385.1

Explanation

This law talks about the obligations and penalties related to failing to file discharge monitoring reports required by regulations to ensure water pollution limits are respected. A serious violation occurs when these reports aren't filed after their deadlines, starting from January 1, 2004. However, it's not considered serious if the report is submitted late after a warning, and the discharger can prove there were no discharges involved.

If someone purposely lies about significant facts in their report, they may face a civil penalty of up to $10,000. If reports are late but eventually filed promptly after notice, minimum penalties apply instead of ongoing fines.

Any money collected from penalties for late reports goes into a fund to aid water pollution cleanup efforts. Lastly, "effluent limitation" is defined as a restriction on the amount or concentration of pollutants that may be discharged from any authorized location.

(a)Copy CA Water Code § 13385.1(a)
(1)Copy CA Water Code § 13385.1(a)(1) For the purposes of subdivision (h) of Section 13385, a “serious violation” also means a failure to file a discharge monitoring report required pursuant to Section 13383 for each complete period of 30 days following the deadline for submitting the report, if the report is designed to ensure compliance with limitations contained in waste discharge requirements that contain effluent limitations. This paragraph applies only to violations that occur on or after January 1, 2004.
(2)Copy CA Water Code § 13385.1(a)(2)
(A)Copy CA Water Code § 13385.1(a)(2)(A) Notwithstanding paragraph (1), a failure to file a discharge monitoring report is not a serious violation for purposes of subdivision (h) of Section 13385 at any time prior to the date a discharge monitoring report is required to be filed or within 30 days after receiving written notice from the state board or a regional board of the need to file a discharge monitoring report, if the discharger submits a written statement to the state board or the regional board that includes both of the following:
(i)CA Water Code § 13385.1(a)(2)(A)(i) A statement that there were no discharges to waters of the United States reportable under the applicable waste discharge requirements during the relevant monitoring period.
(ii)CA Water Code § 13385.1(a)(2)(A)(ii) The reason or reasons the required report was not submitted to the regional board by the deadline for filing that report.
(B)CA Water Code § 13385.1(a)(2)(A)(B) Upon the request of the state board or regional board, the discharger may be required to support the statement with additional explanation or evidence.
(C)CA Water Code § 13385.1(a)(2)(A)(C) If, in a statement submitted pursuant to subparagraph (A), the discharger willfully states as true any material fact that he or she knows to be false, that person shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). Any public prosecutor may bring an action for a civil penalty under this subparagraph in the name of the people of the State of California, and the penalty imposed shall be enforced as a civil judgment.
(D)CA Water Code § 13385.1(a)(2)(A)(D) Notwithstanding subparagraph (A), the failure to file a discharge monitoring report is subject to penalties in accordance with subdivisions (c) and (e) of Section 13385.
(b)Copy CA Water Code § 13385.1(b)
(1)Copy CA Water Code § 13385.1(b)(1) Notwithstanding paragraph (1) of subdivision (a), a mandatory minimum penalty shall continue to apply and shall be assessed pursuant to subdivision (h) of Section 13385, but only for each required report that is not timely filed, and shall not be separately assessed for each 30-day period following the deadline for submitting the report, if both of the following conditions are met:
(A)CA Water Code § 13385.1(b)(1)(A) The discharger did not on any occasion previously receive, from the state board or a regional board, a complaint to impose liability pursuant to subdivision (b) or (c) of Section 13385 arising from a failure to timely file a discharge monitoring report, a notice of violation for failure to timely file a discharge monitoring report, or a notice of the obligation to file a discharge monitoring report required pursuant to Section 13383, in connection with its corresponding waste discharge requirements.
(B)CA Water Code § 13385.1(b)(1)(B) The discharges during the period or periods covered by the report do not violate effluent limitations, as defined in subdivision (d), contained in waste discharge requirements.
(2)CA Water Code § 13385.1(b)(2) Paragraph (1) shall only apply to a discharger who does both of the following:
(A)CA Water Code § 13385.1(b)(2)(A) Files a discharge monitoring report that had not previously been timely filed within 30 days after the discharger receives written notice, including notice transmitted by electronic mail, from the state board or regional board concerning the failure to timely file the report.
(B)CA Water Code § 13385.1(b)(2)(B) Pays all penalties assessed by the state board or regional board in accordance with paragraph (1) within 30 days after an order is issued to pay these penalties pursuant to Section 13385.
(3)CA Water Code § 13385.1(b)(3) Notwithstanding paragraph (1), the failure to file a discharge monitoring report is subject to penalties in accordance with subdivisions (c) and (e) of Section 13385.
(4)CA Water Code § 13385.1(b)(4) This subdivision shall become inoperative on January 1, 2014.
(c)Copy CA Water Code § 13385.1(c)
(1)Copy CA Water Code § 13385.1(c)(1) Notwithstanding any other provision of law, moneys collected pursuant to this section for a failure to timely file a report, as described in subdivision (a), shall be deposited in the State Water Pollution Cleanup and Abatement Account.
(2)CA Water Code § 13385.1(c)(2) Notwithstanding Section 13340 of the Government Code, the funds described in paragraph (1) are continuously appropriated, without regard to fiscal years, to the state board for expenditure by the state board to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in responding to significant water pollution problems.
(d)CA Water Code § 13385.1(d) For the purposes of this section, paragraph (2) of subdivision (f) of Section 13385, and subdivisions (h), (i), and (j) of Section 13385 only, “effluent limitation” means a numeric restriction or a numerically expressed narrative restriction, on the quantity, discharge rate, concentration, or toxicity units of a pollutant or pollutants that may be discharged from an authorized location. An effluent limitation may be final or interim, and may be expressed as a prohibition. An effluent limitation, for those purposes, does not include a receiving water limitation, a compliance schedule, or a best management practice.
(e)CA Water Code § 13385.1(e) The amendments made to this section by Senate Bill 1284 of the 2009–10 Regular Session of the Legislature shall apply to violations for which an administrative civil liability complaint or a judicial complaint has not been filed before July 1, 2010, without regard to the date on which the violations occurred.
discharge monitoring report serious violation effluent limitations waste discharge requirements civil penalty written notice water pollution compliance penalty fund numeric restriction pollutant concentration false statement penalty water cleanup fund regional board notice environmental compliance statutory amendments
(Amended by Stats. 2010, Ch. 645, Sec. 2. (SB 1284) Effective January 1, 2011.)

Section § 13385.2

Explanation

This law outlines that before a state or regional board makes a decision on certain water compliance projects, publicly owned treatment facilities must prove that their financial plan can adequately fund the project within the set time limits. Additionally, this law only takes effect if Senate Bill 1733 from the 2005–06 session is enacted.

(a)CA Water Code § 13385.2(a) Prior to the state board or regional board making its findings pursuant to subdivision (k) of Section 13385, the publicly owned treatment works shall demonstrate to the satisfaction of the state board or regional board that the financing plan prepared pursuant to subparagraph (C) of paragraph (1) of subdivision (k) of that section is designed to generate sufficient funding to complete the compliance project within the time period specified pursuant to subparagraph (A) of paragraph (1) of subdivision (k) of that section.
(b)CA Water Code § 13385.2(b) This section shall only become operative if Senate Bill 1733 of the 2005–06 Regular Session is enacted and becomes operative.
publicly owned treatment works compliance project funding state board approval regional board approval financing plan Senate Bill 1733 water compliance projects project timelines environmental compliance wastewater treatment financing
(Added by Stats. 2006, Ch. 725, Sec. 1. Effective September 29, 2006. Note: Condition in subd. (b) was satisfied by enactment of Stats. 2006, Ch. 404.)

Section § 13385.3

Explanation

This section states that changes made to a specific part of the Water Code, through Senate Bill 1733, will take effect on July 1, 2007. However, these changes will only apply if Senate Bill 1733 is officially passed and activated during the 2005-06 legislative session.

(a)CA Water Code § 13385.3(a) The amendments made to subdivision (k) of Section 13385 of the Water Code by Senate Bill 1733 of the 2005–06 Regular Session shall become operative on July 1, 2007.
(b)CA Water Code § 13385.3(b) This section shall only become operative if Senate Bill 1733 of the 2005–06 Regular Session is enacted and becomes operative.
Senate Bill 1733 July 1 2007 Water Code amendments operative conditions 2005-06 legislative session subdivision k Water Code Section 13385 legislative enactment law activation statutory amendments
(Added by Stats. 2006, Ch. 725, Sec. 2. Effective September 29, 2006. Note: Condition in subd. (b) was satisfied by enactment of Stats. 2006, Ch. 404.)

Section § 13386

Explanation

If someone threatens to, or continues to, violate certain water pollution rules, or doesn't pay necessary costs related to a public treatment system, the state board can ask the Attorney General to take legal action. This means they may go to court to make the violator stop by issuing an injunction, which is a court order to either stop or refrain from certain actions.

Upon any threatened or continuing violation of any of the requirements listed in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 13385, or upon the failure of any discharger into a public treatment system to comply with any cost or charge adopted by any public agency under Section 204(b) of the Federal Water Pollution Control Act, as amended, the Attorney General, upon the request of the state board or regional board shall petition the appropriate court for the issuance of a preliminary or permanent injunction, or both, as appropriate, restraining that person or persons from committing or continuing the violation. Subdivision (b) of Section 13331 shall be applicable to proceedings under this section.
water pollution rules public treatment system failure to comply preliminary injunction permanent injunction Attorney General violation of requirements state board request regional board petition court order restraining violation water pollution control discharger compliance federal water pollution control act subdivision b Section 13331
(Amended by Stats. 1996, Ch. 659, Sec. 27. Effective January 1, 1997.)

Section § 13387

Explanation

This law outlines the criminal penalties for anyone who knowingly or negligently violates various water pollution regulations in California. These violations include not following waste discharge permits or water quality certifications, introducing harmful substances into sewer systems, or breaking certain sections of the Clean Water Act. People who violate these rules can face fines and imprisonment, with harsher punishments for repeat offenders or if the action puts others in serious danger. Fines collected are used for water pollution cleanup efforts by state agencies.

(a)CA Water Code § 13387(a) Any person who knowingly or negligently does any of the following is subject to criminal penalties as provided in subdivisions (b), (c), and (d):
(1)CA Water Code § 13387(a)(1) Violates Section 13375 or 13376.
(2)CA Water Code § 13387(a)(2) Violates any waste discharge requirements or dredged or fill material permit issued pursuant to this chapter or any water quality certification issued pursuant to Section 13160.
(3)CA Water Code § 13387(a)(3) Violates any order or prohibition issued pursuant to Section 13243 or 13301, if the activity subject to the order or prohibition is subject to regulation under this chapter.
(4)CA Water Code § 13387(a)(4) Violates any requirement of Section 301, 302, 306, 307, 308, 318, 401, or 405 of the Clean Water Act (33 U.S.C. Sec. 1311, 1312, 1316, 1317, 1318, 1328, 1341, or 1345), as amended.
(5)CA Water Code § 13387(a)(5) Introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substances that the person knew or reasonably should have known could cause personal injury or property damage.
(6)CA Water Code § 13387(a)(6) Introduces any pollutant or hazardous substance into a sewer system or into a publicly owned treatment works, except in accordance with any applicable pretreatment requirements, which causes the treatment works to violate waste discharge requirements.
(b)CA Water Code § 13387(b) Any person who negligently commits any of the violations set forth in subdivision (a) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000), nor more than twenty-five thousand dollars ($25,000), for each day in which the violation occurs, by imprisonment for not more than one year in a county jail, or by both that fine and imprisonment. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, subdivision (c), or subdivision (d), punishment shall be by a fine of not more than fifty thousand dollars ($50,000) for each day in which the violation occurs, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months, or by both that fine and imprisonment.
(c)CA Water Code § 13387(c) Any person who knowingly commits any of the violations set forth in subdivision (a) shall, upon conviction, be punished by a fine of not less than five thousand dollars ($5,000), nor more than fifty thousand dollars ($50,000), for each day in which the violation occurs, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision or subdivision (d), punishment shall be by a fine of not more than one hundred thousand dollars ($100,000) for each day in which the violation occurs, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, or by both that fine and imprisonment.
(d)Copy CA Water Code § 13387(d)
(1)Copy CA Water Code § 13387(d)(1) Any person who knowingly commits any of the violations set forth in subdivision (a), and who knows at the time that the person thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be punished by a fine of not more than two hundred fifty thousand dollars ($250,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 5, 10, or 15 years, or by both that fine and imprisonment. A person that is an organization shall, upon conviction under this subdivision, be subject to a fine of not more than one million dollars ($1,000,000). If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, the punishment shall be by a fine of not more than five hundred thousand dollars ($500,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 10, 20, or 30 years, or by both that fine and imprisonment. A person that is an organization shall, upon conviction for a violation committed after a first conviction of the person under this subdivision, be subject to a fine of not more than two million dollars ($2,000,000). Any fines imposed pursuant to this subdivision shall be in addition to any fines imposed pursuant to subdivision (c).
(2)CA Water Code § 13387(d)(2) In determining whether a defendant who is an individual knew that the defendant’s conduct placed another person in imminent danger of death or serious bodily injury, the defendant is responsible only for actual awareness or actual belief that the defendant possessed, and knowledge possessed by a person other than the defendant, but not by the defendant personally, cannot be attributed to the defendant.
(e)CA Water Code § 13387(e) Any person who knowingly makes any false statement, representation, or certification in any record, report, plan, notice to comply, or other document filed with a regional board or the state board, or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required under this division shall be punished by a fine of not more than twenty-five thousand dollars ($25,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months, or by both that fine and imprisonment. If a conviction of a person is for a violation committed after a first conviction of the person under this subdivision, punishment shall be by a fine of not more than twenty-five thousand dollars ($25,000) per day of violation, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years, or by both that fine and imprisonment.
(f)CA Water Code § 13387(f) For purposes of this section, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.
(g)CA Water Code § 13387(g) For purposes of this section, “organization,” “serious bodily injury,” “person,” and “hazardous substance” shall have the same meaning as in Section 309(c) of the Clean Water Act (33 U.S.C. Sec. 1319(c)), as amended.
(h)Copy CA Water Code § 13387(h)
(1)Copy CA Water Code § 13387(h)(1) Subject to paragraph (2), funds collected pursuant to this section shall be deposited in the State Water Pollution Cleanup and Abatement Account.
(2)Copy CA Water Code § 13387(h)(2)
(A)Copy CA Water Code § 13387(h)(2)(A) Notwithstanding any other provision of law, fines collected for a violation of a water quality certification in accordance with paragraph (2) of subdivision (a) or for a violation of Section 401 of the Clean Water Act (33 U.S.C. Sec. 1341) in accordance with paragraph (4) of subdivision (a) shall be deposited in the Water Discharge Permit Fund and separately accounted for in that fund.
(B)CA Water Code § 13387(h)(2)(A)(B) The funds described in subparagraph (A) shall be expended by the state board, upon appropriation by the Legislature, to assist regional boards, and other public agencies with authority to clean up waste or abate the effects of the waste, in cleaning up or abating the effects of the waste on waters of the state, or for the purposes authorized in Section 13443.
water pollution penalties waste discharge violations dredged material permits water quality certification Clean Water Act violations pollutant introduction into sewer hazardous substance discharge negligent violation penalties knowing violation penalties imminent danger fines false statements in reports monitoring device tampering regional board reports state water pollution cleanup funding Water Discharge Permit Fund
(Amended by Stats. 2011, Ch. 15, Sec. 616. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

Section § 13388

Explanation

Basically, this law says that a person cannot be on the state board or a regional board if they've received a large chunk of their income from anyone who has to follow waste discharge rules in the last two years. However, there's an exception for regional board members. They can still have a financial connection if the waste discharge rules come from a different regional board. This exception only works if the EPA allows it without needing a program change, or if the EPA approves changes to California's permit system.

(a)CA Water Code § 13388(a) Notwithstanding any other provision of this division or Section 175, and except as provided in subdivision (b), a person shall not be a member of the state board or a regional board if that person receives, or has received during the previous two years, a significant portion of his or her income directly or indirectly from any person subject to waste discharge requirements or applicants for waste discharge requirements pursuant to this chapter.
(b)Copy CA Water Code § 13388(b)
(1)Copy CA Water Code § 13388(b)(1) A person shall not be disqualified from being a member of a regional board because that person receives, or has received during the previous two years, a significant portion of his or her income directly or indirectly from a person subject to waste discharge requirements, or an applicant for waste discharge requirements, that are issued pursuant to this chapter by the state board or regional board other than the regional board of which that person is a member.
(2)CA Water Code § 13388(b)(2) Paragraph (1) shall be implemented only if the United States Environmental Protection Agency either determines that no program approval is necessary for that implementation, or approves of a change in California’s National Pollutant Discharge Elimination System program, to allow the state to administer the National Pollutant Discharge Elimination System permit program consistent with paragraph (1).
state board membership regional board disqualification income from waste discharge financial conflict of interest waste discharge requirements income restriction EPA approval California waste management National Pollutant Discharge Elimination System regional board exceptions environmental regulations board eligibility criteria California water regulations permit program consistency financial influence
(Amended by Stats. 2012, Ch. 39, Sec. 121. (SB 1018) Effective June 27, 2012.)

Section § 13389

Explanation

This law states that, except for new sources of pollution as defined by federal law, the state and regional water boards in California don't need to follow certain environmental procedures when setting rules about waste discharge.

Neither the state board nor the regional boards shall be required to comply with the provisions of Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code prior to the adoption of any waste discharge requirement, except requirements for new sources as defined in the Federal Water Pollution Control Act or acts amendatory thereof or supplementary thereto.
waste discharge requirements state water board regional water boards environmental procedures Federal Water Pollution Control Act new sources pollution California water regulations public resources code pollution control waste discharge law state environmental compliance federal law exceptions environmental review exemption waste management policy
(Added by Stats. 1972, Ch. 1256.)