Section § 13260

Explanation

This section requires people who discharge waste or plan to discharge waste, either within California or outside but affecting California waters, to report it to a regional board. Exceptions are made if requirements are waived. Annual fees are charged to cover regulatory costs, with rates adjusted per the state budget. Specific rules apply to operators of injection wells and feeding operations, taking into account factors like size and type of operation. Funds collected are used solely for regulatory purposes. For mining waste, additional reports on waste characteristics and potential environmental impacts are necessary. Users of recycled water from certified suppliers may not need to file some reports.

(a)CA Water Code § 13260(a) Each of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board:
(1)CA Water Code § 13260(a)(1) A person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system.
(2)CA Water Code § 13260(a)(2) A person who is a citizen, domiciliary, or political agency or entity of this state discharging waste, or proposing to discharge waste, outside the boundaries of the state in a manner that could affect the quality of the waters of the state within any region.
(3)CA Water Code § 13260(a)(3) A person operating, or proposing to construct, an injection well.
(b)CA Water Code § 13260(b) A report of waste discharge need not be filed pursuant to subdivision (a) if the requirement is waived pursuant to Section 13269.
(c)CA Water Code § 13260(c) Each person subject to subdivision (a) shall file with the appropriate regional board a report of waste discharge relative to any material change or proposed change in the character, location, or volume of the discharge.
(d)Copy CA Water Code § 13260(d)
(1)Copy CA Water Code § 13260(d)(1) (A) Each person who is subject to subdivision (a) or (c), or Section 13523 or 13523.1, shall submit an annual fee according to a fee schedule established by the state board.
(B)CA Water Code § 13260(d)(1)(B) The total amount of annual fees collected pursuant to this section shall equal that amount necessary to recover costs incurred in connection with the issuance, administration, reviewing, monitoring, and enforcement of waste discharge requirements, waivers of waste discharge requirements, water recycling requirements, and master recycling permits.
(C)CA Water Code § 13260(d)(1)(C) Recoverable costs may include, but are not limited to, costs incurred in reviewing waste discharge and water recycling reports; prescribing terms of waste discharge requirements, waivers of waste discharge requirements, water recycling requirements, master recycling permits, and monitoring requirements; enforcing and evaluating compliance with those requirements, waivers, and permits; conducting surface water and groundwater monitoring and modeling; analyzing laboratory samples; adopting, reviewing, and revising water quality control plans, state policies for water quality control, and recycling criteria; reviewing documents prepared for the purpose of regulating the discharge of waste or water recycling; and administrative costs incurred in connection with carrying out these actions.
(D)CA Water Code § 13260(d)(1)(D) In establishing the amount of a fee that may be imposed on a confined animal feeding and holding operation pursuant to this section, including, but not limited to, a dairy farm, the state board shall consider all of the following factors:
(i)CA Water Code § 13260(d)(1)(D)(i) The size of the operation.
(ii)CA Water Code § 13260(d)(1)(D)(ii) Whether the operation has been issued a permit to operate pursuant to Section 1342 of Title 33 of the United States Code.
(iii)CA Water Code § 13260(d)(1)(D)(iii) Any applicable waste discharge requirement or conditional waiver of a waste discharge requirement.
(iv)CA Water Code § 13260(d)(1)(D)(iv) The type and amount of discharge from the operation.
(v)CA Water Code § 13260(d)(1)(D)(v) The pricing mechanism of the commodity produced.
(vi)CA Water Code § 13260(d)(1)(D)(vi) Any compliance costs borne by the operation pursuant to state and federal water quality regulations.
(vii)CA Water Code § 13260(d)(1)(D)(vii) Whether the operation participates in a quality assurance program certified by a regional water quality control board, the state board, or a federal water quality control agency.
(2)Copy CA Water Code § 13260(d)(2)
(A)Copy CA Water Code § 13260(d)(2)(A) Subject to subparagraph (B), the fees collected pursuant to this section shall be deposited in the Waste Discharge Permit Fund, which is hereby created. The money in the fund is available for expenditure by the state board, upon appropriation by the Legislature, solely for the purposes of carrying out this division.
(B)Copy CA Water Code § 13260(d)(2)(A)(B)
(i)Copy CA Water Code § 13260(d)(2)(A)(B)(i) Notwithstanding subparagraph (A), the fees collected pursuant to this section from stormwater dischargers that are subject to a general industrial or construction stormwater permit under the national pollutant discharge elimination system (NPDES) shall be separately accounted for in the Waste Discharge Permit Fund.
(ii)CA Water Code § 13260(d)(2)(A)(B)(i)(ii) Not less than 50 percent of the money in the Waste Discharge Permit Fund that is separately accounted for pursuant to clause (i) is available, upon appropriation by the Legislature, for expenditure by the regional board with jurisdiction over the permitted industry or construction site that generated the fee to carry out stormwater programs in the region.
(iii)CA Water Code § 13260(d)(2)(A)(B)(i)(iii) Each regional board that receives money pursuant to clause (ii) shall spend not less than 50 percent of that money solely on stormwater inspection and regulatory compliance issues associated with industrial and construction stormwater programs.
(3)CA Water Code § 13260(d)(3) A person who would be required to pay the annual fee prescribed by paragraph (1) for waste discharge requirements applicable to discharges of solid waste, as defined in Section 40191 of the Public Resources Code, at a waste management unit that is also regulated under Division 30 (commencing with Section 40000) of the Public Resources Code, shall be entitled to a waiver of the annual fee for the discharge of solid waste at the waste management unit imposed by paragraph (1) upon verification by the state board of payment of the fee imposed by Section 48000 of the Public Resources Code, and provided that the fee established pursuant to Section 48000 of the Public Resources Code generates revenues sufficient to fund the programs specified in Section 48004 of the Public Resources Code and the amount appropriated by the Legislature for those purposes is not reduced.
(e)CA Water Code § 13260(e) Each person that discharges waste in a manner regulated by this section shall pay an annual fee to the state board. The state board shall establish, by regulation, a timetable for the payment of the annual fee. If the state board or a regional board determines that the discharge will not affect, or have the potential to affect, the quality of the waters of the state, all or part of the annual fee shall be refunded.
(f)Copy CA Water Code § 13260(f)
(1)Copy CA Water Code § 13260(f)(1) The state board shall adopt, by emergency regulations, a schedule of fees authorized under subdivision (d). The total revenue collected each year through annual fees shall be set at an amount equal to the revenue levels set forth in the Budget Act for this activity. The state board shall automatically adjust the annual fees each fiscal year to conform with the revenue levels set forth in the Budget Act for this activity. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the revenue levels set forth in the Budget Act, the state board may further adjust the annual fees to compensate for the over and under collection of revenue.
(2)CA Water Code § 13260(f)(2) The emergency regulations adopted pursuant to this subdivision, any amendment thereto, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and shall remain in effect until revised by the state board.
(g)CA Water Code § 13260(g) The state board shall adopt regulations setting forth reasonable time limits within which the regional board shall determine the adequacy of a report of waste discharge submitted under this section.
(h)CA Water Code § 13260(h) Each report submitted under this section shall be sworn to, or submitted under penalty of perjury.
(i)CA Water Code § 13260(i) The regulations adopted by the state board pursuant to subdivision (f) shall include a provision that annual fees shall not be imposed on those who pay fees under the national pollutant discharge elimination system until those fees are again due, at which time the fees shall become due on an annual basis.
(j)CA Water Code § 13260(j) A person operating or proposing to construct an oil, gas, or geothermal injection well subject to paragraph (3) of subdivision (a) shall not be required to pay a fee pursuant to subdivision (d) if the injection well is regulated by the Geologic Energy Management Division of the Department of Conservation, in lieu of the appropriate California regional water quality control board, pursuant to the memorandum of understanding, entered into between the state board and the Department of Conservation on May 19, 1988. This subdivision shall remain operative until the memorandum of understanding is revoked by the state board or the Department of Conservation.
(k)CA Water Code § 13260(k) In addition to the report required by subdivision (a), before a person discharges mining waste, the person shall first submit both of the following to the regional board:
(1)CA Water Code § 13260(k)(1) A report on the physical and chemical characteristics of the waste that could affect its potential to cause pollution or contamination. The report shall include the results of all tests required by regulations adopted by the board, any test adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code for extractable, persistent, and bioaccumulative toxic substances in a waste or other material, and any other tests that the state board or regional board may require, including, but not limited to, tests needed to determine the acid-generating potential of the mining waste or the extent to which hazardous substances may persist in the waste after disposal.
(2)CA Water Code § 13260(k)(2) A report that evaluates the potential of the discharge of the mining waste to produce, over the long term, acid mine drainage, the discharge or leaching of heavy metals, or the release of other hazardous substances.
(l)CA Water Code § 13260(l) Except upon the written request of the regional board, a report of waste discharge need not be filed pursuant to subdivision (a) or (c) by a user of recycled water that is being supplied by a supplier or distributor of recycled water for whom a master recycling permit has been issued pursuant to Section 13523.1.

Section § 13260.2

Explanation

The state board must set a fee to cover the costs of handling and enforcing "no exposure" certifications for facilities under a stormwater permit. The money collected from these fees will go into the Waste Discharge Permit Fund.

(a)CA Water Code § 13260.2(a) The state board shall establish a fee in an amount sufficient to recover its costs in reviewing, processing, and enforcing “no exposure” certifications issued to facilities that apply for those certifications in accordance with a general industrial stormwater permit.
(b)CA Water Code § 13260.2(b) Revenue generated pursuant to this section shall be deposited in the Waste Discharge Permit Fund.

Section § 13260.3

Explanation

Every year by January 1st, the state board must give a report to the Governor and the Legislature explaining how the annual fees collected under Section 13260 are being used.

On or before January 1 of each year, the state board shall report to the Governor and the Legislature on the expenditure of annual fees collected pursuant to Section 13260.

Section § 13261

Explanation

If you don't provide a required report or fee when asked by a regional board, it's a misdemeanor crime, and you could also face fines. Administrative fines can be up to $1,000 per day from the regional or state board unless the state board has already fined you for the same issue. A court can impose fines up to $5,000 per day.

If you discharge hazardous waste or lie on such reports, it's also a misdemeanor, and you could face larger fines. Administrative fines can be up to $5,000 per day, and court fines can go up to $25,000. This doesn't apply to certain waste governed by other specific regulations.

(a)CA Water Code § 13261(a) A person who fails to furnish a report or pay a fee under Section 13260 when so requested by a regional board is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b).
(b)Copy CA Water Code § 13261(b)
(1)Copy CA Water Code § 13261(b)(1) Civil liability may be administratively imposed by a regional board or the state board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount not exceeding one thousand dollars ($1,000) for each day in which the violation occurs. Civil liability shall not be imposed by the regional board pursuant to this section if the state board has imposed liability against the same person for the same violation.
(2)CA Water Code § 13261(b)(2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount not exceeding five thousand dollars ($5,000) for each day the violation occurs.
(c)CA Water Code § 13261(c) A person who discharges or proposes to discharge hazardous waste, as defined in Section 25117 of the Health and Safety Code, who knowingly furnishes a false report under Section 13260, or who either willfully fails to furnish a report or willfully withholds material information under Section 13260 despite actual knowledge of that requirement, may be liable in accordance with subdivision (d) and is guilty of a misdemeanor.
This subdivision does not apply to any waste discharge that is subject to Chapter 5.5 (commencing with Section 13370).
(d)Copy CA Water Code § 13261(d)
(1)Copy CA Water Code § 13261(d)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (c) in an amount not exceeding five thousand dollars ($5,000) for each day the violation occurs.
(2)CA Water Code § 13261(d)(2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount not exceeding twenty-five thousand dollars ($25,000).

Section § 13262

Explanation

This law allows the Attorney General, when asked by a regional or state board, to go to court and request an order that forces someone to follow Section 13260 if they aren't already doing so. The court can issue different types of orders, like temporary or permanent, to ensure compliance.

The Attorney General, at the request of the regional board or the state board, shall petition the superior court for the issuance of a temporary restraining order, temporary injunction, or permanent injunction, or combination thereof, as may be appropriate, requiring any person not complying with Section 13260 to comply therewith.

Section § 13263

Explanation

This law section outlines how regional boards in California manage wastewater discharges, excluding those into community sewer systems. They set conditions based on the area's current state, protect water uses, meet quality goals, and address other waste impacts. They also aim to prevent nuisances and follow water control plans.

The regional boards have the flexibility to establish timelines for compliance and adjust requirements as needed. Even if no discharge report is filed, they may still set requirements. Requirements are reviewed regularly and can be revised if necessary.

Waste discharge into state waters is a privilege, not a right, and should not create a vested right to continue. Regional boards can include these regulations in a recycling permit for water suppliers or distributors.

The boards can also issue general discharge requirements for similar discharges — similar operations, waste types, and treatment standards — when it's more effective than individual rules.

(a)CA Water Code § 13263(a) The regional board, after any necessary hearing, shall prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. The requirements shall implement any relevant water quality control plans that have been adopted, and shall take into consideration the beneficial uses to be protected, the water quality objectives reasonably required for that purpose, other waste discharges, the need to prevent nuisance, and the provisions of Section 13241.
(b)CA Water Code § 13263(b) A regional board, in prescribing requirements, need not authorize the utilization of the full waste assimilation capacities of the receiving waters.
(c)CA Water Code § 13263(c) The requirements may contain a time schedule, subject to revision in the discretion of the board.
(d)CA Water Code § 13263(d) The regional board may prescribe requirements although no discharge report has been filed.
(e)CA Water Code § 13263(e) Upon application by any affected person, or on its own motion, the regional board may review and revise requirements. All requirements shall be reviewed periodically.
(f)CA Water Code § 13263(f) The regional board shall notify in writing the person making or proposing the discharge or the change therein of the discharge requirements to be met. After receipt of the notice, the person so notified shall provide adequate means to meet the requirements.
(g)CA Water Code § 13263(g) No discharge of waste into the waters of the state, whether or not the discharge is made pursuant to waste discharge requirements, shall create a vested right to continue the discharge. All discharges of waste into waters of the state are privileges, not rights.
(h)CA Water Code § 13263(h) The regional board may incorporate the requirements prescribed pursuant to this section into a master recycling permit for either a supplier or distributor, or both, of recycled water.
(i)CA Water Code § 13263(i) The state board or a regional board may prescribe general waste discharge requirements for a category of discharges if the state board or that regional board finds or determines that all of the following criteria apply to the discharges in that category:
(1)CA Water Code § 13263(i)(1) The discharges are produced by the same or similar operations.
(2)CA Water Code § 13263(i)(2) The discharges involve the same or similar types of waste.
(3)CA Water Code § 13263(i)(3) The discharges require the same or similar treatment standards.
(4)CA Water Code § 13263(i)(4) The discharges are more appropriately regulated under general discharge requirements than individual discharge requirements.
(j)CA Water Code § 13263(j) The state board, after any necessary hearing, may prescribe waste discharge requirements in accordance with this section.

Section § 13263.1

Explanation

Before a regional board can approve or change rules about how mining waste is disposed of, it must first make sure that the waste management plan prevents pollution or contamination of state waters, especially after the mining waste site is closed.

Before a regional board issues or revises waste discharge requirements pursuant to Section 13263 for any discharge of mining waste, the regional board shall first determine that the proposed mining waste discharge is consistent with a waste management strategy that prevents the pollution or contamination of the waters of the state, particularly after closure of any waste management unit for mining waste.

Section § 13263.2

Explanation

If you're running a facility that treats hazardous groundwater, you might not need a hazardous waste permit, but only if you stick to certain rules. First, the groundwater must be extracted to meet specific water pollution standards, like cleanup orders or approved plans. Your facility must also follow certain operating practices, such as keeping detailed records and logs, and handling all waste properly for three years.

If you stop using any treatment equipment, you have to clean it up thoroughly. Just be sure all hazardous waste management rules are followed, and the groundwater must be treated at the extraction site. Finally, you can't use this exemption if your treatment is part of a corrective action plan.

The owner or operator of a facility that treats groundwater which qualifies as a hazardous waste pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code is exempt from the requirement to obtain a hazardous waste facility permit pursuant to Section 25201 of the Health and Safety Code for the treatment of groundwater if all of the following conditions are met:
(a)CA Water Code § 13263.2(a) The facility treats groundwater which is extracted for purposes of complying with one or more of the following:
(1)CA Water Code § 13263.2(a)(1) Waste discharge requirements prescribed pursuant to Section 13263.
(2)CA Water Code § 13263.2(a)(2) A cleanup or abatement order issued pursuant to Section 13304.
(3)CA Water Code § 13263.2(a)(3) A written authorization issued by a regional board or local agency designated pursuant to Section 25283 of the Health and Safety Code.
(4)CA Water Code § 13263.2(a)(4) An order or approved remedial action plan issued pursuant to Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code.
(b)CA Water Code § 13263.2(b) The facility meets, at a minimum, all of the following operating standards:
(1)CA Water Code § 13263.2(b)(1) The treatment does not require a hazardous waste facilities permit pursuant to the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sec. 6901 et seq.).
(2)CA Water Code § 13263.2(b)(2) The facility operator prepares and maintains written operating instructions and a record of the dates, amounts, and types of waste treated.
(3)CA Water Code § 13263.2(b)(3) The facility operator prepares and maintains a written inspection schedule and log of inspections conducted.
(4)CA Water Code § 13263.2(b)(4) The records specified in paragraphs (2) and (3) are maintained by the owner or operator of the facility for a period of three years.
(5)CA Water Code § 13263.2(b)(5) The owner or operator maintains adequate records to demonstrate that it is in compliance with all of the pretreatment standards and with all of the applicable industrial waste discharge requirements issued by the agency operating the publicly owned treatment works into which the wastes are discharged.
(6)Copy CA Water Code § 13263.2(b)(6)
(A)Copy CA Water Code § 13263.2(b)(6)(A) Upon terminating the operation of any treatment process or unit exempted pursuant to this section, the owner or operator that conducted the treatment removes or decontaminates all waste residues, containment system components, soils, and other structures or equipment contaminated with hazardous waste from the unit. The removal of the unit from service shall be conducted in a manner that does both of the following:
(i)CA Water Code § 13263.2(b)(6)(A)(i) Minimizes the need for further maintenance.
(ii)CA Water Code § 13263.2(b)(6)(A)(ii) Eliminates the escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or waste decomposition products to the environment after the treatment process ceases operation.
(B)CA Water Code § 13263.2(b)(6)(A)(B) Any owner or operator who permanently ceases operation of a treatment process or unit that is exempted pursuant to this section shall provide written notification to the regional board or local agency upon completion of all activities required by this subdivision.
(7)CA Water Code § 13263.2(b)(7) The waste is managed in accordance with all applicable requirements for generators of hazardous waste under Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and the regulations adopted by the Department of Toxic Substances Control pursuant to that chapter.
(c)CA Water Code § 13263.2(c) The groundwater is treated at the site where it is extracted in compliance with one or more of paragraphs (1), (2), (3), and (4) of subdivision (a).
(d)CA Water Code § 13263.2(d) All other regulatory requirements applicable to the facility pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code are met by the owner or operator.
(e)CA Water Code § 13263.2(e) The treatment of the contaminated groundwater is not performed under corrective action required by Section 25200.10 of the Health and Safety Code.

Section § 13263.3

Explanation

This law emphasizes the importance of pollution prevention as the first step in reducing pollution and managing waste. It defines pollution prevention as any action that reduces the use or generation of harmful substances or pollutants in water, and outlines methods such as input changes, operational improvements, changes in production processes, and product reformulation. Dischargers, such as entities needing a pollutant discharge permit, may be required to create pollution prevention plans under certain conditions, such as being a chronic violator or contributing to toxic hot spots. These plans need to include detailed analyses and descriptions of pollution sources, prevention methods, goals, and compliance with existing environmental laws.

Publicly owned treatment works (POTWs) and industrial dischargers may also have to create pollution prevention plans. The public can review these plans, except for trade secret information. The state board or regional board can establish action schedules based on these plans and impose civil penalties for non-compliance. Dischargers can modify their plans if certain negative impacts are demonstrated, but must propose alternative measures. The state board sets the format for these plans, ensuring all required factors are addressed.

(a)CA Water Code § 13263.3(a) The Legislature finds and declares that pollution prevention should be the first step in a hierarchy for reducing pollution and managing wastes, and to achieve environmental stewardship for society. The Legislature also finds and declares that pollution prevention is necessary to achieve the federal goal of zero discharge of pollutants into navigable waters.
(b)Copy CA Water Code § 13263.3(b)
(1)Copy CA Water Code § 13263.3(b)(1) For the purposes of this section, “pollution prevention” means any action that causes a net reduction in the use or generation of a hazardous substance or other pollutant that is discharged into water and includes any of the following:
(A)CA Water Code § 13263.3(b)(1)(A) “Input change,” which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of pollutants discharged in wastewater.
(B)CA Water Code § 13263.3(b)(1)(B) “Operational improvement,” which means improved site management so as to reduce, avoid, or eliminate the generation of pollutants discharged in wastewater.
(C)CA Water Code § 13263.3(b)(1)(C) “Production process change,” which means a change in a process, method, or technique that is used to produce a product or a desired result, including the return of materials or their components for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of pollutants discharged in wastewater.
(D)CA Water Code § 13263.3(b)(1)(D) “Product reformulation,” which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of problem pollutants discharged in wastewater.
(2)CA Water Code § 13263.3(b)(2) For the purposes of this section, “pollution prevention” does not include actions that merely shift a pollutant in wastewater from one environmental medium to another environmental medium, unless clear environmental benefits of such an approach are demonstrated.
(c)Copy CA Water Code § 13263.3(c)
(1)Copy CA Water Code § 13263.3(c)(1) For the purposes of this section, “discharger” means any entity required to obtain a national pollutant discharge elimination system (NPDES) permit pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.), or any entity subject to the pretreatment program as defined in Part 403 (commencing with Section 403.1) of subchapter N of Chapter 1 of Part 403 of Title 40 of the Code of Federal Regulations.
(2)CA Water Code § 13263.3(c)(2) For the purposes of this section, “industrial discharger” means any discharger other than a publicly owned treatment works (POTW).
(d)Copy CA Water Code § 13263.3(d)
(1)Copy CA Water Code § 13263.3(d)(1) The state board, a regional board, or a POTW may require a discharger subject to its jurisdiction to complete a pollution prevention plan if any of the following apply:
(A)CA Water Code § 13263.3(d)(1)(A) A discharger is determined to be a chronic violator and the board or the POTW determines that pollution prevention could achieve compliance.
(B)CA Water Code § 13263.3(d)(1)(B) The discharger contributes, or has the potential to contribute, to the formation of a toxic hot spot as defined in Section 13391.5.
(C)CA Water Code § 13263.3(d)(1)(C) The discharger discharges a pollutant for which the permitted level is lower than the practical quantification limit and the state board, a regional board, or the POTW determines that additional reductions of the pollutant are necessary.
(D)CA Water Code § 13263.3(d)(1)(D) The board determines pollution prevention is necessary to achieve a water quality objective.
(2)CA Water Code § 13263.3(d)(2) The state board, a regional board, or a POTW may require an industrial discharger subject to its jurisdiction to complete a pollution prevention plan that includes all of the following:
(A)CA Water Code § 13263.3(d)(2)(A) An analysis of the pollutants that the facility discharges into water or introduces into POTWs, a description of the sources of the pollutants, and a comprehensive review of the processes used by the discharger that result in the generation and discharge of the pollutants.
(B)CA Water Code § 13263.3(d)(2)(B) An analysis of the potential for pollution prevention to reduce the generation of the pollutants, including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods.
(C)CA Water Code § 13263.3(d)(2)(C) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques.
(D)CA Water Code § 13263.3(d)(2)(D) A statement of the discharger’s pollution prevention goals and strategies, including priorities for short-term and long-term action.
(E)CA Water Code § 13263.3(d)(2)(E) A description of the discharger’s intended pollution prevention activities for the immediate future.
(F)CA Water Code § 13263.3(d)(2)(F) A description of the discharger’s existing pollution prevention methods.
(G)CA Water Code § 13263.3(d)(2)(G) A statement that the discharger’s existing and planned pollution prevention strategies do not constitute cross-media pollution transfers, and information that supports that statement.
(H)CA Water Code § 13263.3(d)(2)(H) Toxic chemical release data for those dischargers subject to Section 313 of the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Sec. 11023).
(I)CA Water Code § 13263.3(d)(2)(I) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with Section 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code) if the discharger is also subject to that act.
(J)CA Water Code § 13263.3(d)(2)(J) An analysis of the relative costs and benefits of the possible pollution prevention activities.
(3)CA Water Code § 13263.3(d)(3) A regional board may require a POTW to complete a pollution prevention plan that includes all of the following:
(A)CA Water Code § 13263.3(d)(3)(A) An estimate of all of the sources of a pollutant contributing, or potentially contributing, to the loadings of a pollutants in the treatment plant influent.
(B)CA Water Code § 13263.3(d)(3)(B) An analysis of the methods that could be used to prevent the discharge of the pollutants into the POTW, including application of local limits to industrial or commercial dischargers regarding pollution prevention techniques, public education and outreach, or other innovative and alternative approaches to reduce discharges of the pollutant to the POTW. The analysis also shall identify sources, or potential sources, not within the ability or authority of the POTW to control, such as pollutants in the potable water supply, airborne pollutants, pharmaceuticals, or pesticides, and estimate the magnitude of those sources, to the extent feasible.
(C)CA Water Code § 13263.3(d)(3)(C) An estimate of load reductions that may be attained through the methods identified in subparagraph (B).
(D)CA Water Code § 13263.3(d)(3)(D) A plan for monitoring the results of the pollution prevention program.
(E)CA Water Code § 13263.3(d)(3)(E) A description of the tasks, cost, and time required to investigate and implement various elements in the pollution prevention plan.
(F)CA Water Code § 13263.3(d)(3)(F) A statement of the POTW’s pollution prevention goals and strategies, including priorities for short-term and long-term action, and a description of the POTW’s intended pollution prevention activities for the immediate future.
(G)CA Water Code § 13263.3(d)(3)(G) A description of the POTW’s existing pollution prevention programs.
(H)CA Water Code § 13263.3(d)(3)(H) An analysis, to the extent feasible, of any adverse environmental impacts, including cross-media impacts or substitute chemicals, that may result from the implementation of the pollution prevention program.
(I)CA Water Code § 13263.3(d)(3)(I) An analysis, to the extent feasible, of the costs and benefits that may be incurred to implement the pollution prevention program.
(e)CA Water Code § 13263.3(e) The state board or the regional board may establish a schedule of actions identified in the pollution prevention plans for the discharger.
(f)CA Water Code § 13263.3(f) The state board or regional board shall solicit comments from the public on a pollution prevention plan prepared pursuant to this section and address the public comments when determining what schedule of actions, if any, to establish for the discharger pursuant to this section.
(g)CA Water Code § 13263.3(g) The state board and regional boards shall make the pollution prevention plans available for public review, except to the extent that information is classified as confidential because it is a trade secret. Trade secret information shall be set forth in an appendix that is not available to the public.
(h)CA Water Code § 13263.3(h) Any costs incurred by the state board or a regional board resulting from actions required by this section shall be paid for from revenue generated by the fees imposed by Section 13260.
(i)CA Water Code § 13263.3(i) The state board or regional board may assess civil penalties pursuant to Section 13385 against a discharger for failure to complete a pollution prevention plan ordered by the state board or a regional board, or for failure to comply with a schedule of actions ordered by the state board or a regional board pursuant to this section.
(j)CA Water Code § 13263.3(j) A POTW may assess civil penalties and civil administrative penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the Government Code against an industrial discharger for failure to complete a pollution prevention plan when ordered by the POTW, for submitting a plan that does not comply with the act, or for failure to comply with a schedule of actions ordered by the POTW pursuant to this section, unless the regional board has assessed penalties for the same action.
(k)CA Water Code § 13263.3(k) A discharger may change its pollution prevention plan, including withdrawing from a pollution prevention measure approved by the state board, a regional board, or a POTW, if the discharger determines that the measure will have a negative impact on product quality, the safe operation of the facility, or the environmental aspects of the facilities operation, and the discharger demonstrates to the board or the POTW an alternative measure that achieves that same pollution prevention objective.
(l)CA Water Code § 13263.3(l) The state board shall adopt a format to be used by dischargers for completing the plan required by this section. The format shall address all of the factors the discharger is required to include in the plan. The board may include any other factors determined by the board to be necessary to carry out this section. The adoption of the format pursuant to this section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 13263.3

Explanation

This law focuses on reducing water pollution through pollution prevention as the primary step. Pollution prevention involves actions that decrease the use or generation of pollutants in water, such as changing raw materials, improving site management, altering production processes, and reformulating products. It specifically excludes strategies that just move pollution from water to other mediums unless proven beneficial.

Entities that discharge pollutants, known as dischargers, might have to create and execute a pollution prevention plan if they frequently break rules or contribute to pollution hotspots. Such plans involve analyzing pollutants, assessing prevention methods, setting goals, and balancing costs and benefits. The law provides entities the option to adjust plans if they negatively impact operations or are impractical but requires supervision and approval for such changes. Civil penalties can be imposed for non-compliance with these plans.

(a)CA Water Code § 13263.3(a) The Legislature finds and declares that pollution prevention should be the first step in a hierarchy for reducing pollution and managing wastes, and to achieve environmental stewardship for society. The Legislature also finds and declares that pollution prevention is necessary to support the federal goal of zero discharge of pollutants into navigable waters.
(b)Copy CA Water Code § 13263.3(b)
(1)Copy CA Water Code § 13263.3(b)(1) For the purposes of this section, “pollution prevention” means any action that causes a net reduction in the use or generation of a hazardous substance or other pollutant that is discharged into water and includes any of the following:
(A)CA Water Code § 13263.3(b)(1)(A) “Input change,” which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of pollutants discharged in wastewater.
(B)CA Water Code § 13263.3(b)(1)(B) “Operational improvement,” which means improved site management so as to reduce, avoid, or eliminate the generation of pollutants discharged in wastewater.
(C)CA Water Code § 13263.3(b)(1)(C) “Production process change,” which means a change in a process, method, or technique that is used to produce a product or a desired result, including the return of materials or their components for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of pollutants discharged in wastewater.
(D)CA Water Code § 13263.3(b)(1)(D) “Product reformulation,” which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of problem pollutants discharged in wastewater.
(2)CA Water Code § 13263.3(b)(2) For the purposes of this section, “pollution prevention” does not include actions that merely shift a pollutant in wastewater from one environmental medium to another environmental medium, unless clear environmental benefits of such an approach are identified to the satisfaction of the state board, the regional board, or POTW.
(c)CA Water Code § 13263.3(c) For the purposes of this section, “discharger” means any entity required to obtain a national pollutant discharge elimination system (NPDES) permit pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.), or any entity subject to the pretreatment program as defined in Part 403 (commencing with Section 403.1) of Subchapter N of Chapter 1 of Part 403 of Title 40 of the Code of Federal Regulations.
(d)Copy CA Water Code § 13263.3(d)
(1)Copy CA Water Code § 13263.3(d)(1) The state board, a regional board, or a POTW may require a discharger subject to its jurisdiction to complete and implement a pollution prevention plan if any of the following apply:
(A)CA Water Code § 13263.3(d)(1)(A) A discharger is determined by the state board to be a chronic violator, and the state board, a regional board, or the POTW determines that pollution prevention could assist in achieving compliance.
(B)CA Water Code § 13263.3(d)(1)(B) The discharger significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Section 13391.5.
(C)CA Water Code § 13263.3(d)(1)(C) The state board, a regional board, or a POTW determines pollution prevention is necessary to achieve a water quality objective.
(D)CA Water Code § 13263.3(d)(1)(D) The discharger is subject to a cease and desist order issued pursuant to Section 13301 or a time schedule order issued pursuant to Section 13300 or 13308.
(2)CA Water Code § 13263.3(d)(2) A pollution prevention plan required of a discharger other than a POTW pursuant to paragraph (1) shall include all of the following:
(A)CA Water Code § 13263.3(d)(2)(A) An analysis of one or more of the pollutants, as directed by the state board, a regional board, or a POTW, that the facility discharges into water or introduces into POTWs, a description of the sources of the pollutants, and a comprehensive review of the processes used by the discharger that result in the generation and discharge of the pollutants.
(B)CA Water Code § 13263.3(d)(2)(B) An analysis of the potential for pollution prevention to reduce the generation of the pollutants, including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods.
(C)CA Water Code § 13263.3(d)(2)(C) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques.
(D)CA Water Code § 13263.3(d)(2)(D) A statement of the discharger’s pollution prevention goals and strategies, including priorities for short-term and long-term action.
(E)CA Water Code § 13263.3(d)(2)(E) A description of the discharger’s existing pollution prevention methods.
(F)CA Water Code § 13263.3(d)(2)(F) A statement that the discharger’s existing and planned pollution prevention strategies do not constitute cross media pollution transfers unless clear environmental benefits of such an approach are identified to the satisfaction of the state board, the regional board, or the POTW, and information that supports that statement.
(G)CA Water Code § 13263.3(d)(2)(G) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article 11.9 (commencing with Section 25244.12) of Chapter 6.5 of Division 20 of the Health and Safety Code) if the discharger is also subject to that act.
(H)CA Water Code § 13263.3(d)(2)(H) An analysis, to the extent feasible, of the relative costs and benefits of the possible pollution prevention activities.
(I)CA Water Code § 13263.3(d)(2)(I) A specification of, and rationale for, the technically feasible and economically practicable pollution prevention measures selected by the discharger for implementation.
(3)CA Water Code § 13263.3(d)(3) The state board or a regional board may require a POTW to complete and implement a pollution prevention plan that includes all of the following:
(A)CA Water Code § 13263.3(d)(3)(A) An estimate of all of the sources of a pollutant contributing, or potentially contributing, to the loading of that pollutant in the treatment plant influent.
(B)CA Water Code § 13263.3(d)(3)(B) An analysis of the methods that could be used to prevent the discharge of the pollutants into the POTW, including application of local limits to industrial or commercial dischargers regarding pollution prevention techniques, public education and outreach, or other innovative and alternative approaches to reduce discharges of the pollutant to the POTW. The analysis also shall identify sources, or potential sources, not within the ability or authority of the POTW to control, such as pollutants in the potable water supply, airborne pollutants, pharmaceuticals, or pesticides, and estimate the magnitude of those sources, to the extent feasible.
(C)CA Water Code § 13263.3(d)(3)(C) An estimate of load reductions that may be attained through the methods identified in subparagraph (B).
(D)CA Water Code § 13263.3(d)(3)(D) A plan for monitoring the results of the pollution prevention program.
(E)CA Water Code § 13263.3(d)(3)(E) A description of the tasks, cost, and time required to investigate and implement various elements in the pollution prevention plan.
(F)CA Water Code § 13263.3(d)(3)(F) A statement of the POTW’s pollution prevention goals and strategies, including priorities for short-term and long-term action, and a description of the POTW’s intended pollution prevention activities for the immediate future.
(G)CA Water Code § 13263.3(d)(3)(G) A description of the POTW’s existing pollution prevention programs.
(H)CA Water Code § 13263.3(d)(3)(H) An analysis, to the extent feasible, of any adverse environmental impacts, including cross media impacts or substitute chemicals, that may result from the implementation of the pollution prevention program.
(I)CA Water Code § 13263.3(d)(3)(I) An analysis, to the extent feasible, of the costs and benefits that may be incurred to implement the pollution prevention program.
(e)CA Water Code § 13263.3(e) The state board, a regional board, or a POTW may require a discharger subject to this section to comply with the pollution prevention plan developed by the discharger after providing an opportunity for comment at a public proceeding with regard to that plan.
(f)CA Water Code § 13263.3(f) The state board, regional boards, and POTWs shall make the pollution prevention plans available for public review, except to the extent that information is classified as confidential because it is a trade secret. Trade secret information shall be set forth in an appendix that is not available to the public.
(g)CA Water Code § 13263.3(g) The state board or regional board may assess civil liability pursuant to paragraph (1) of subdivision (c) of Section 13385 against a discharger for failure to complete a pollution prevention plan required by the state board or a regional board, for submitting a plan that does not comply with the act, or for not implementing a plan, unless the POTW has assessed penalties for the same action.
(h)CA Water Code § 13263.3(h) A POTW may assess civil penalties and civil administrative penalties pursuant to Sections 54740, 54740.5, and 54740.6 of the Government Code against a discharger for failure to complete a pollution prevention plan when required by the POTW, for submitting a plan that does not comply with the act, or for not implementing a plan, unless the state board or a regional board has assessed penalties for the same action.
(i)CA Water Code § 13263.3(i) A discharger may change its pollution prevention plan, including withdrawing from a pollution prevention measure required by the state board, a regional board, or a POTW, if the discharger determines that the measure will have a negative impact on product quality, the safe operation of the facility, or the environmental aspects of the facility’s operation, or the discharger determines that the measure is economically impracticable or technologically infeasible. Where practicable and feasible, the discharger shall replace the withdrawn measure with a measure that will likely achieve similar pollution prevention objectives. A measure may be withdrawn pursuant to this subdivision only with the approval of the executive officer of the state board or the regional board, or the POTW.
(j)CA Water Code § 13263.3(j) The state board shall adopt a sample format to be used by dischargers for completing the plan required by this section. The sample format shall address all of the factors the discharger is required to include in the plan. The board may include any other factors determined by the board to be necessary to carry out this section. The adoption of the sample format pursuant to this section is not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(k)CA Water Code § 13263.3(k) The state board, a regional board, or POTW may not include a pollution prevention plan in any waste discharge requirements or other permit issued by that agency.
(l)CA Water Code § 13263.3(l) This section prevails over Section 13263.3, as added to the Water Code by Assembly Bill 1104 of the 1999–2000 Regular Session.

Section § 13263.5

Explanation

This law outlines requirements for waste discharge related to injection wells that handle hazardous waste. When a regional board creates or updates these requirements, they must use information from a specific report assessing the area's groundwater condition. The waste discharge guidelines must ensure that the state's waters are protected from pollution.

Additionally, if the state board wants to take control of the Underground Injection Control Program from the EPA, this request should not cover oil, gas, or geothermal wells, as these are managed by another division.

(a)CA Water Code § 13263.5(a) When the regional board issues waste discharge requirements pursuant to Section 13263, or revises waste discharge requirements pursuant to subdivision (g) of Section 25159.17 of the Health and Safety Code, for any injection well into which hazardous waste is discharged, the waste discharge requirements shall be based upon the information contained in the hydrogeological assessment report prepared pursuant to Section 25159.18 of the Health and Safety Code and shall include conditions in the waste discharge requirements to ensure that the waters of the state are not polluted or threatened with pollution.
(b)CA Water Code § 13263.5(b) If the state board applies to the federal Environmental Protection Agency to administer the Underground Injection Control Program pursuant to Part 145 (commencing with Section 145.1) of Subchapter D of Chapter 1 of Title 40 of the Code of Federal Regulations, that application shall not include a request to administer the Underground Injection Control Program for any oil, gas, or geothermal injection wells supervised or regulated by the Division of Oil and Gas pursuant to Section 3106 or 3714 of the Public Resources Code.

Section § 13263.6

Explanation

This law allows publicly owned treatment works (POTWs) to require pollution prevention plans from significant industrial users. These plans are a part of pretreatment requirements aimed at reducing pollution before it enters the treatment facility.

Additionally, state or regional water boards must set limits on the amount of certain harmful substances that can be discharged into these public systems. These substances are identified based on toxic chemical data reported to the state, specifically if they pose a potential risk to water quality.

(a)CA Water Code § 13263.6(a) A publicly owned treatment works (POTW) may require pollution prevention plans as described in Section 13263.3 as part of the pretreatment requirements applicable to significant industrial users.
(b)CA Water Code § 13263.6(b) The state board or a regional board shall prescribe effluent limitations as part of the waste discharge requirements of a POTW for all substances that the most recent toxic chemical release data reported to the state emergency response commission pursuant to Section 313 of the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Sec. 11023) indicate are discharged into the POTW and that the state board or a regional board has determined has the reasonable potential to impair water quality.

Section § 13263.6

Explanation

This law section requires regional boards to set limits on what public-owned treatment works (POTWs) can release into the environment. These limits should cover substances identified as toxic in recent reports, which could potentially exceed state water quality standards. The law emphasizes that it takes precedence over an older version of the same section included in a past legislative bill.

(a)CA Water Code § 13263.6(a) The regional board shall prescribe effluent limitations as part of the waste discharge requirements of a POTW for all substances that the most recent toxic chemical release data reported to the state emergency response commission pursuant to Section 313 of the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. Sec. 11023) indicate as discharged into the POTW, for which the state board or the regional board has established numeric water quality objectives, and has determined that the discharge is or may be discharged at a level which will cause, have the reasonable potential to cause, or contribute to, an excursion above any numeric water quality objective.
(b)CA Water Code § 13263.6(b) This section prevails over Section 13263.6, as added to the Water Code by Assembly Bill 1104 of the 1999–2000 Regular Session.

Section § 13263.7

Explanation

This law section allows for compliance checks on recycled water meant for direct drinking use or mixing with surface water to be conducted at the point where it enters a conveyance system, before it mixes with untreated water. Permission is needed from the owner of the conveyance system before allowing the discharge of recycled water. The State Water Resources Control Board's authority remains unchanged and "raw water" is defined as untreated water from natural sources.

(a)CA Water Code § 13263.7(a) Compliance with effluent limitations and any other permit or waste discharge requirements, as appropriate, for the release or discharge of recycled water determined to be suitable for direct potable reuse or surface water augmentation, as defined in Section 13561, into a conveyance facility may be determined at the point where the recycled water enters the conveyance facility but prior to commingling with any raw water.
(b)CA Water Code § 13263.7(b) Before the discharge may be allowed, consent must be obtained from the owner or operator of the conveyance facility that directly receives the recycled water.
(c)CA Water Code § 13263.7(c) This section does not limit or restrict the authority of the State Water Resources Control Board.
(d)CA Water Code § 13263.7(d) For purposes of this section, “raw water” means surface water or groundwater in its naturally occurring state prior to treatment.

Section § 13264

Explanation

Before any person starts a new waste discharge or changes an existing one, or builds an injection well, they must first file a report as required by another section. Actions can only proceed after specific conditions, like the issuance of discharge requirements, waivers, or certain time frames relating to environmental quality have passed. If these rules aren't followed, the Attorney General can seek court orders to stop any non-compliance.

Money collected from violations will go into a specific fund to help clean up or reduce the effects of waste on state waters.

(a)CA Water Code § 13264(a) No person shall initiate any new discharge of waste or make any material changes in any discharge, or initiate a discharge to, make any material changes in a discharge to, or construct, an injection well, prior to the filing of the report required by Section 13260 and no person shall take any of these actions after filing the report but before whichever of the following occurs first:
(1)CA Water Code § 13264(a)(1) The issuance of waste discharge requirements pursuant to Section 13263.
(2)CA Water Code § 13264(a)(2) The expiration of 140 days after compliance with Section 13260 if the waste to be discharged does not create or threaten to create a condition of pollution or nuisance and any of the following applies:
(A)CA Water Code § 13264(a)(2)(A) The project is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)CA Water Code § 13264(a)(2)(B) The regional board is the lead agency for purposes of the California Environmental Quality Act, a negative declaration is required, and at least 105 days have expired since the regional board assumed lead agency responsibility.
(C)CA Water Code § 13264(a)(2)(C) The regional board is the lead agency for the purposes of the California Environmental Quality Act, and environmental impact report or written documentation prepared to meet the requirements of Section 21080.5 of the Public Resources Code is required, and at least one year has expired since the regional board assumed lead agency responsibility.
(D)CA Water Code § 13264(a)(2)(D) The regional board is a responsible agency for purposes of the California Environmental Quality Act, and at least 90 days have expired since certification or approval of environmental documentation by the lead agency.
(3)CA Water Code § 13264(a)(3) The issuance of a waiver pursuant to Section 13269.
(b)CA Water Code § 13264(b) The Attorney General, at the request of a regional board, shall petition the superior court for the issuance of a temporary restraining order, preliminary injunction, or permanent injunction, or combination thereof, as may be appropriate, prohibiting any person who is violating or threatening to violate this section from doing any of the following, whichever is applicable:
(1)CA Water Code § 13264(b)(1) Discharging the waste or fluid.
(2)CA Water Code § 13264(b)(2) Making any material change in the discharge.
(3)CA Water Code § 13264(b)(3) Constructing the injection well.
(c)Copy CA Water Code § 13264(c)
(1)Copy CA Water Code § 13264(c)(1) Notwithstanding any other provision of law, moneys collected under this division for a violation pursuant to paragraph (2) of subdivision (a) shall be deposited in the Waste Discharge Permit Fund and separately accounted for in that fund.
(2)CA Water Code § 13264(c)(2) The funds described in paragraph (1) 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.

Section § 13265

Explanation

If someone is caught discharging waste illegally after being warned in writing by the regional board, they could face misdemeanor charges and might have to pay civil penalties. Each day they keep violating counts as a separate offense.

There are two ways to handle civil penalties: a regional board can fine up to $1,000 per day, or the court can impose fines up to $5,000 per day. If hazardous waste is involved, the offender faces similar charges unless they aren't negligent, report the discharge immediately, or the board considers the violation minor.

For hazardous waste violations, penalties are higher: regional boards can impose up to $5,000 penalties daily, while the court can charge up to $25,000 daily. Some waste discharges aren't covered by these rules.

(a)CA Water Code § 13265(a) Any person discharging waste in violation of Section 13264, after such violation has been called to his attention in writing by the regional board, is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (b). Each day of such discharge shall constitute a separate offense.
(b)Copy CA Water Code § 13265(b)
(1)Copy CA Water Code § 13265(b)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation occurs.
(2)CA Water Code § 13265(b)(2) Civil liability may be imposed by the superior court in accordance with Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs.
(c)CA Water Code § 13265(c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, in violation of Section 13264 is guilty of a misdemeanor and may be liable civilly in accordance with subdivision (d). That liability shall not be imposed if the discharger is not negligent and immediately files a report of the discharge with the board, or if the regional board determines that the violation of Section 13264 was insubstantial.
This subdivision shall not be applicable to any waste discharge which is subject to Chapter 5.5 (commencing with Section 13370).
(d)Copy CA Water Code § 13265(d)
(1)Copy CA Water Code § 13265(d)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs.
(2)CA Water Code § 13265(d)(2) Civil liability may be imposed by the superior court in accordance with Articles 5 (commencing with Section 13350) and 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed twenty-five thousand dollars ($25,000) for each day in which the violation occurs.

Section § 13266

Explanation

This law requires cities and counties to inform the regional board whenever a tentative subdivision map is filed or when an application for a building permit involves waste discharge, as long as it doesn't pertain to community sewer system discharges or involve buildings with five or fewer family units.

Pursuant to such regulations as the regional board may prescribe, each city, county, or city and county shall notify the regional board of the filing of a tentative subdivision map, or of any application for a building permit which may involve the discharge of waste, other than discharges into a community sewer system and discharges from dwellings involving five-family units or less.

Section § 13267

Explanation

This section allows a regional board to investigate water quality and waste discharge issues for areas within its jurisdiction. The board can require people who discharge waste to provide detailed reports, as long as the need for these reports is justified and explained. These reports should not make trade secrets public but can be used by government agencies for studies and legal proceedings.

The board may inspect facilities to ensure they comply with water quality standards, with either consent, a warrant, or without either in emergencies. It can also join inspections of suspected illegal cannabis sites if waste discharge violations are involved. People who discharge waste into injection wells must provide comprehensive reports on their operations.

The state board can exercise regional board powers if it's not duplicating their efforts. Evidence used in these contexts includes any reliable information used in serious matters, regardless of its admissibility in regular court proceedings.

(a)CA Water Code § 13267(a) A regional board, in establishing or reviewing any water quality control plan or waste discharge requirements, or in connection with any action relating to any plan or requirement authorized by this division, may investigate the quality of any waters of the state within its region.
(b)Copy CA Water Code § 13267(b)
(1)Copy CA Water Code § 13267(b)(1) In conducting an investigation specified in subdivision (a), the regional board may require that any person who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge waste within its region, or any citizen or domiciliary, or political agency or entity of this state who has discharged, discharges, or is suspected of having discharged or discharging, or who proposes to discharge, waste outside of its region that could affect the quality of waters within its region shall furnish, under penalty of perjury, technical or monitoring program reports which the regional board requires. The burden, including costs, of these reports shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the reports. In requiring those reports, the regional board shall provide the person with a written explanation with regard to the need for the reports, and shall identify the evidence that supports requiring that person to provide the reports.
(2)CA Water Code § 13267(b)(2) When requested by the person furnishing a report, the portions of a report that might disclose trade secrets or secret processes may not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies. However, these portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(c)CA Water Code § 13267(c) In conducting an investigation pursuant to subdivision (a), the regional board may inspect the facilities of any person to ascertain whether the purposes of this division are being met and waste discharge requirements are being complied with. The inspection shall be made with the consent of the owner or possessor of the facilities or, if the consent is withheld, with a warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, an inspection may be performed without consent or the issuance of a warrant.
(d)CA Water Code § 13267(d) The regional board may participate in an inspection of an unlicensed cannabis cultivation site conducted pursuant to a warrant duly issued pursuant to the Penal Code when requested by the party seeking that warrant, and when there is probable cause that the unlicensed cannabis cultivation and its associated activities may involve the discharge of waste in violation of this division or of any principles and guidelines established pursuant to Section 13149.
(e)CA Water Code § 13267(e) The state board or a regional board may require any person, including a person subject to a waste discharge requirement under Section 13263, who is discharging, or who proposes to discharge, wastes or fluid into an injection well, to furnish the state board or regional board with a complete report on the condition and operation of the facility or injection well, or any other information that may be reasonably required to determine whether the injection well could affect the quality of the waters of the state.
(f)CA Water Code § 13267(f) As used in this section, “evidence” means any relevant evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of the evidence over objection in a civil action.
(g)CA Water Code § 13267(g) The state board may carry out the authority granted to a regional board pursuant to this section if, after consulting with the regional board, the state board determines that it will not duplicate the efforts of the regional board.

Section § 13267.5

Explanation

This law allows California regional or state boards to require information about the chemicals used in wastewater from oil or gas fields. If a company can't get chemical details from suppliers, possibly due to trade secrets, the boards can demand the suppliers to provide that information. The law assures that trade secret protections are honored if requested. Still, other collected information must be publicly available on the boards' websites. Additionally, the boards can work with the Geologic Energy Management Division to use existing data for their investigations.

(a)CA Water Code § 13267.5(a) In conducting an investigation pursuant to Section 13267 that includes collection of information about discharge of wastewater produced from an oil or gas field, a regional board or the state board may require that the applicable person or entity shall furnish to that board information relating to all chemicals in the discharged wastewater pursuant to the procedures set forth in subdivision (b) of Section 13267.
(b)CA Water Code § 13267.5(b) If a person or entity subject to the disclosure requirement in subdivision (a) is unable to obtain information about a chemical from the chemical’s supplier for any reason, including, but not limited to, assertion by the supplier of trade secret protections, the regional board or state board may require that the supplier shall furnish that information to that board pursuant to the procedures set forth in subdivision (b) of Section 13267.
(c)CA Water Code § 13267.5(c) The trade secret protections of subdivision (b) of Section 13267 shall apply to information disclosed pursuant to subdivision (a) or (b) when requested by a person or entity or a supplier, as applicable.
(d)CA Water Code § 13267.5(d) Except as provided in subdivision (c), the information collected by a regional board or the state board pursuant to this section shall be made available to the public on the internet website of the regional board or the state board.
(e)CA Water Code § 13267.5(e) In collecting information described in this section, a regional board or the state board may consult with the Geologic Energy Management Division regarding information collected by the division, pursuant to other disclosure requirements, that may be useful to the investigation.

Section § 13268

Explanation

This law outlines the penalties for failing to provide or falsifying required technical or monitoring reports related to water quality in California. If someone doesn't provide these reports, they can be charged with a misdemeanor, face civil penalties, and criminal fines. Reports not submitted or falsified can lead to administrative fines up to $1,000 per day, or court-imposed fines up to $5,000 per day. Those handling hazardous waste face steeper fines up to $25,000 per day, especially if done knowingly.

Funds collected from these fines are used to help clean up and prevent water pollution via the Waste Discharge Permit Fund. The state board can take over duties from regional boards if it avoids duplicating efforts.

(a)Copy CA Water Code § 13268(a)
(1)Copy CA Water Code § 13268(a)(1) Any person failing or refusing to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, failing or refusing to furnish information as required by subdivision (a) or (b) of Section 13267.5, or failing or refusing to furnish a statement of compliance as required by subdivision (b) of Section 13399.2, or falsifying any information provided therein, is guilty of a misdemeanor, and may be liable civilly in accordance with subdivision (b).
(2)CA Water Code § 13268(a)(2) Any person who knowingly commits any violation described in paragraph (1) is subject to criminal penalties pursuant to subdivision (e).
(b)Copy CA Water Code § 13268(b)
(1)Copy CA Water Code § 13268(b)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed one thousand dollars ($1,000) for each day in which the violation occurs.
(2)CA Water Code § 13268(b)(2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (a) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs.
(c)CA Water Code § 13268(c) Any person discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, who knowingly fails or refuses to furnish technical or monitoring program reports as required by subdivision (b) of Section 13267, or who knowingly falsifies any information provided in those technical or monitoring program reports, is guilty of a misdemeanor, may be civilly liable in accordance with subdivision (d), and is subject to criminal penalties pursuant to subdivision (e).
(d)Copy CA Water Code § 13268(d)
(1)Copy CA Water Code § 13268(d)(1) Civil liability may be administratively imposed by a regional board in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed five thousand dollars ($5,000) for each day in which the violation occurs.
(2)CA Water Code § 13268(d)(2) Civil liability may be imposed by the superior court in accordance with Article 5 (commencing with Section 13350) and Article 6 (commencing with Section 13360) of Chapter 5 for a violation of subdivision (c) in an amount which shall not exceed twenty-five thousand dollars ($25,000) for each day in which the violation occurs.
(e)Copy CA Water Code § 13268(e)
(1)Copy CA Water Code § 13268(e)(1) Subject to paragraph (2), any person who knowingly commits any of the violations set forth in subdivision (a) or (c) shall be punished by a fine that does not exceed twenty-five thousand dollars ($25,000).
(2)CA Water Code § 13268(e)(2) Any person who knowingly commits any of the violations set forth in subdivision (a) or (c) after a prior conviction for a violation set forth in subdivision (a) or (c) shall be punished by a fine that does not exceed twenty-five thousand dollars ($25,000) for each day of the violation.
(f)Copy CA Water Code § 13268(f)
(1)Copy CA Water Code § 13268(f)(1) Notwithstanding any other provision of law, fines collected pursuant to subdivision (e) shall be deposited in the Waste Discharge Permit Fund and separately accounted for in that fund.
(2)CA Water Code § 13268(f)(2) The funds described in paragraph (1) 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.
(g)CA Water Code § 13268(g) The state board may carry out the authority granted to a regional board pursuant to this section if, after consulting with the regional board, the state board determines that it will not duplicate the efforts of the regional board.

Section § 13269

Explanation

This law allows the state or regional water boards in California to waive certain waste discharge requirements if it's in line with water quality plans and serves the public interest. These waivers can last up to five years, potentially renewable, and include conditions like monitoring to ensure effectiveness.

Monitoring can be waived if the discharge poses no significant water quality threat. Waiver conditions might include an annual fee to fund program activities. Relevant factors like size and compliance costs are considered when setting fees for agriculture and forestry operations. For certain emergencies, like disaster responses, some discharge rules can be temporarily bypassed.

Waivers in effect before certain dates may continue under specific conditions. The boards must review waivers publicly before renewal, assessing if waste discharge requirements are needed.

(a)Copy CA Water Code § 13269(a)
(1)Copy CA Water Code § 13269(a)(1) On and after January 1, 2000, the provisions of subdivisions (a) and (c) of Section 13260, subdivision (a) of Section 13263, or subdivision (a) of Section 13264 may be waived by the state board or a regional board as to a specific discharge or type of discharge if the state board or a regional board determines, after any necessary state board or regional board meeting, that the waiver is consistent with any applicable state or regional water quality control plan and is in the public interest. The state board or a regional board shall give notice of any necessary meeting by publication pursuant to Section 11125 of the Government Code.
(2)CA Water Code § 13269(a)(2) A waiver may not exceed five years in duration, but may be renewed by the state board or a regional board. The waiver shall be conditional and may be terminated at any time by the state board or a regional board. The conditions of the waiver shall include, but need not be limited to, the performance of individual, group, or watershed-based monitoring, except as provided in paragraph (3). Monitoring requirements shall be designed to support the development and implementation of the waiver program, including, but not limited to, verifying the adequacy and effectiveness of the waiver’s conditions. In establishing monitoring requirements, the regional board may consider the volume, duration, frequency, and constituents of the discharge; the extent and type of existing monitoring activities, including, but not limited to, existing watershed-based, compliance, and effectiveness monitoring efforts; the size of the project area; and other relevant factors. Monitoring results shall be made available to the public.
(3)CA Water Code § 13269(a)(3) The state board or a regional board may waive the monitoring requirements described in this subdivision for discharges that it determines do not pose a significant threat to water quality.
(4)Copy CA Water Code § 13269(a)(4)
(A)Copy CA Water Code § 13269(a)(4)(A) The state board or a regional board may include as a condition of a waiver the payment of an annual fee established by the state board in accordance with subdivision (f) of Section 13260.
(B)CA Water Code § 13269(a)(4)(A)(B) Funds generated by the payment of the fee shall be deposited in the Waste Discharge Permit Fund for expenditure, upon appropriation by the Legislature, by the state board or appropriate regional board for the purpose of carrying out activities limited to those necessary to establish and implement the waiver program pursuant to this section. The total amount of annual fees collected pursuant to this section shall not exceed the costs of those activities necessary to establish and implement waivers of waste discharge requirements pursuant to this section.
(C)CA Water Code § 13269(a)(4)(A)(C) In establishing the amount of a fee that may be imposed on irrigated agriculture operations pursuant to this section, the state board shall consider relevant factors, including, but not limited to, all of the following:
(i)CA Water Code § 13269(a)(4)(A)(C)(i) The size of the operations.
(ii)CA Water Code § 13269(a)(4)(A)(C)(ii) Any compliance costs borne by the operations pursuant to state and federal water quality regulations.
(iii)CA Water Code § 13269(a)(4)(A)(C)(iii) Any costs associated with water quality monitoring performed or funded by the operations.
(iv)CA Water Code § 13269(a)(4)(A)(C)(iv) Participation in a watershed management program approved by the applicable regional board.
(D)CA Water Code § 13269(a)(4)(A)(D) In establishing the amount of a fee that may be imposed on silviculture operations pursuant to this section, the state board shall consider relevant factors, including, but not limited to, all of the following:
(i)CA Water Code § 13269(a)(4)(A)(D)(i) The size of the operations.
(ii)CA Water Code § 13269(a)(4)(A)(D)(ii) Any compliance costs borne by the operations pursuant to state and federal water quality regulations.
(iii)CA Water Code § 13269(a)(4)(A)(D)(iii) Any costs associated with water quality monitoring performed or funded by the operations.
(iv)CA Water Code § 13269(a)(4)(A)(D)(iv) The average annual number of timber harvest plans proposed by the operations.
(5)CA Water Code § 13269(a)(5) The state board or a regional board shall give notice of the adoption of a waiver by publication within the affected county or counties as set forth in Section 6061 of the Government Code.
(b)Copy CA Water Code § 13269(b)
(1)Copy CA Water Code § 13269(b)(1) A waiver in effect on January 1, 2000, shall remain valid until January 1, 2003, unless the regional board terminates that waiver prior to that date. All waivers that were valid on January 1, 2000, and granted an extension until January 1, 2003, and not otherwise terminated, may be renewed by a regional board in five-year increments.
(2)CA Water Code § 13269(b)(2) Notwithstanding paragraph (1), a waiver for an onsite sewage treatment system that is in effect on January 1, 2002, shall remain valid until June 30, 2004, unless the regional board terminates the waiver prior to that date. Any waiver for onsite sewage treatment systems adopted or renewed after June 30, 2004, shall be consistent with the applicable regulations or standards for onsite sewage treatment systems adopted or retained in accordance with Section 13291.
(c)CA Water Code § 13269(c) Upon notification of the appropriate regional board of the discharge or proposed discharge, except as provided in subdivision (d), the provisions of subdivisions (a) and (c) of Section 13260, subdivision (a) of Section 13263, and subdivision (a) of Section 13264 do not apply to a discharge resulting from any of the following emergency activities:
(1)CA Water Code § 13269(c)(1) Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(2)CA Water Code § 13269(c)(2) Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide within one year of the damage. This paragraph does not exempt from this section any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(d)CA Water Code § 13269(d) Subdivision (c) is not a limitation of the authority of a regional board under subdivision (a) to determine that any provision of this division shall not be waived or to establish conditions of a waiver. Subdivision (c) shall not apply to the extent that it is inconsistent with any waiver or other order or prohibition issued under this division.
(e)CA Water Code § 13269(e) The regional boards and the state board shall require compliance with the conditions pursuant to which waivers are granted under this section.
(f)CA Water Code § 13269(f) Prior to renewing any waiver for a specific type of discharge established under this section, the state board or a regional board shall review the terms of the waiver policy at a public hearing. At the hearing, the state board or a regional board shall determine whether the discharge for which the waiver policy was established should be subject to general or individual waste discharge requirements.

Section § 13270

Explanation

This section says that if a public agency leases land to another public agency or a public utility for waste disposal, the leasing agency doesn't have to file waste discharge reports. Also, they won't be subject to certain waste discharge requirements, as long as the lease doesn't prevent the lessee from meeting the waste discharge rules for the property.

Where a public agency as defined in subdivision (b) of Section 13400 leases land for waste disposal purposes to any other public agency, including the State of California, or to any public utility regulated by the Public Utilities Commission, the provisions of Sections 13260, 13263, and 13264 shall not require the lessor public agency to file any waste discharge report for the subject waste disposal, and the regional board and the state board shall not prescribe waste discharge requirements for the lessor public agency as to such land provided that the lease from the lessor public agency shall not contain restrictions which would unreasonably limit the ability of the lessee to comply with waste discharge requirements appurtenant to the leased property.

Section § 13271

Explanation

This law requires anyone who causes or allows hazardous substances or sewage to be discharged into state waters to report it immediately to the Office of Emergency Services. Notification must happen as soon as the person is aware of the discharge and can do so without interfering with cleanup efforts.

The Office of Emergency Services then alerts relevant environmental and health authorities. These authorities decide whether the public needs to be informed to protect health and safety.

If a person fails to report as required, they may be fined up to $20,000 or face up to a year in jail. However, if the notification involves cleanup or emergency response actions, it can't be used in criminal charges against the notifier, except for perjury or false statements.

This law also mandates the establishment of reportable quantities for hazardous substances and sewage, defining when reporting is necessary due to potential risks to public health or the environment. Certain exclusions apply, and notifying authorities under this law doesn't replace other notification obligations by law.

(a)Copy CA Water Code § 13271(a)
(1)Copy CA Water Code § 13271(a)(1) Except as provided by subdivision (b), any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the state, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (A) that person has knowledge of the discharge, (B) notification is possible, and (C) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the state toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.16) of Chapter 7 of Division 1 of Title 2 of the Government Code.
(2)CA Water Code § 13271(a)(2) The Office of Emergency Services shall immediately notify the appropriate regional board, the local health officer, and the director of environmental health of the discharge. The regional board shall notify the state board as appropriate.
(3)CA Water Code § 13271(a)(3) Upon receiving notification of a discharge pursuant to this section, the local health officer and the director of environmental health shall immediately determine whether notification of the public is required to safeguard public health and safety. If so, the local health officer and the director of environmental health shall immediately notify the public of the discharge by posting notices or other appropriate means. The notification shall describe measures to be taken by the public to protect the public health.
(b)CA Water Code § 13271(b) The notification required by this section shall not apply to a discharge in compliance with waste discharge requirements or other provisions of this division.
(c)CA Water Code § 13271(c) Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not more than twenty thousand dollars ($20,000) or imprisonment in a county jail for not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land which does not result in a discharge to the waters of this state.
(d)CA Water Code § 13271(d) Notification received pursuant to this section or information obtained by use of that notification shall not be used against any person providing the notification in any criminal case, except in a prosecution for perjury or giving a false statement.
(e)CA Water Code § 13271(e) For substances listed as hazardous wastes or hazardous material pursuant to Section 25140 of the Health and Safety Code, the state board, in consultation with the Department of Toxic Substances Control, shall by regulation establish reportable quantities for purposes of this section. The regulations shall be based on what quantities should be reported because they may pose a risk to public health or the environment if discharged to groundwater or surface water. Regulations need not set reportable quantities on all listed substances at the same time. Regulations establishing reportable quantities shall not supersede waste discharge requirements or water quality objectives adopted pursuant to this division, and shall not supersede or affect in any way the list, criteria, and guidelines for the identification of hazardous wastes and extremely hazardous wastes adopted by the Department of Toxic Substances Control pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. The regulations of the Environmental Protection Agency for reportable quantities of hazardous substances for purposes of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) shall be in effect for purposes of the enforcement of this section until the time that the regulations required by this subdivision are adopted.
(f)Copy CA Water Code § 13271(f)
(1)Copy CA Water Code § 13271(f)(1) The state board shall adopt regulations establishing reportable quantities of sewage for purposes of this section. The regulations shall be based on the quantities that should be reported because they may pose a risk to public health or the environment if discharged to groundwater or surface water. Regulations establishing reportable quantities shall not supersede waste discharge requirements or water quality objectives adopted pursuant to this division. For purposes of this section, “sewage” means the effluent of a municipal wastewater treatment plant or a private utility wastewater treatment plant, as those terms are defined in Section 13625, except that sewage does not include recycled water, as defined in subdivisions (c) and (d) of Section 13529.2.
(2)CA Water Code § 13271(f)(2) A collection system owner or operator, as defined in paragraph (1) of subdivision (a) of Section 13193, in addition to the reporting requirements set forth in this section, shall submit a report pursuant to subdivision (c) of Section 13193.
(g)CA Water Code § 13271(g) Except as otherwise provided in this section and Section 8589.7 of the Government Code, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency. When notifying the Office of Emergency Services, the person shall include all of the notification information required in the permit.
(h)CA Water Code § 13271(h) For the purposes of this section, the reportable quantity for perchlorate shall be 10 pounds or more by discharge to the receiving waters, unless a more restrictive reporting standard for a particular body of water is adopted pursuant to subdivision (e).
(i)CA Water Code § 13271(i) Notification under this section does not nullify a person’s responsibility to notify the local health officer or the director of environmental health pursuant to Section 5411.5 of the Health and Safety Code.

Section § 13272

Explanation

In California, if you cause or allow oil or petroleum to spill into state waters, or where it might eventually reach water, you must quickly inform the Office of Emergency Services. This rule doesn't cover spills allowed by existing discharge permits. If you fail to report a spill, you might face fines and possibly jail time. The notification won't be held against you in criminal cases, unless you lie. Notifying the regional board as specified in the California reporting rules can satisfy your duty to report. Spills of one barrel (42 gallons) or more typically require a report, unless stricter rules apply for certain waters.

(a)CA Water Code § 13272(a) Except as provided by subdivision (b), any person who, without regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the state, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the state, shall, as soon as (1) that person has knowledge of the discharge, (2) notification is possible, and (3) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the California oil spill contingency plan adopted pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code.
(b)CA Water Code § 13272(b) The notification required by this section shall not apply to a discharge in compliance with waste discharge requirements or other provisions of this division.
(c)CA Water Code § 13272(c) Any person who fails to provide the notice required by this section is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) per day for each day of failure to notify, or imprisonment of not more than one year, or both. Except where a discharge to the waters of this state would have occurred but for cleanup or emergency response by a public agency, this subdivision shall not apply to any discharge to land that does not result in a discharge to the waters of this state. This subdivision shall not apply to any person who is fined by the federal government for a failure to report a discharge of oil.
(d)CA Water Code § 13272(d) Notification received pursuant to this section or information obtained by use of that notification shall not be used against any person providing the notification in any criminal case, except in a prosecution for perjury or giving a false statement.
(e)CA Water Code § 13272(e) Immediate notification to the appropriate regional board of the discharge, in accordance with reporting requirements set under Section 13267 or 13383, shall constitute compliance with the requirements of subdivision (a).
(f)CA Water Code § 13272(f) The reportable quantity for oil or petroleum products shall be one barrel (42 gallons) or more, by direct discharge to the receiving waters, unless a more restrictive reporting standard for a particular body of water is adopted.

Section § 13272.1

Explanation

This law requires each regional water board in California to create and share a quarterly report with public water system operators. The report must list any discharges of MTBE (a gasoline additive) and locations where MTBE was found in the groundwater in their area.

Each regional board shall publish and distribute on a quarterly basis to all public water system operators within the region of the regional board, a list of discharges of MTBE that occurred during the quarter and a list of locations where MTBE was detected in the groundwater within the region of the regional board.

Section § 13273

Explanation

This law requires the state board to rank solid waste disposal sites by how much they threaten water quality. By certain deadlines, the operators of these sites must submit a water quality test to a regional board. A qualified geologist or engineer must certify these reports, which analyze nearby water and soil for hazardous waste leakage.

The regional board reviews the tests to ensure they can detect any hazardous waste leakage and, if necessary, they will demand corrections. If hazardous waste is found, they must notify environmental authorities and take remedial action. Revisions of waste discharge requirements must consider test results and other engineering data.

(a)CA Water Code § 13273(a) The state board shall, on or before January 1, 1986, rank all solid waste disposal sites, as defined in paragraph (5) of subdivision (i) of Section 41805.5 of the Health and Safety Code, based upon the threat they may pose to water quality. On or before July 1, 1987, the operators of the first 150 solid waste disposal sites ranked on the list shall submit a solid waste water quality assessment test to the appropriate regional board for its examination pursuant to subdivision (d). On or before July 1 of each succeeding year, the operators of the next 150 solid waste disposal sites ranked on the list shall submit a solid waste water quality assessment test to the appropriate regional board for its examination pursuant to subdivision (d).
(b)CA Water Code § 13273(b) Before a solid waste water quality assessment test report may be submitted to the regional board, a professional geologist, registered pursuant to Section 7850 of the Business and Professions Code, a certified engineering geologist, certified pursuant to Section 7842 of the Business and Professions Code, or a civil engineer registered pursuant to Section 6762 of the Business and Professions Code, who has at least five years’ experience in groundwater hydrology, shall certify that the report contains all of the following information and any other information which the state board may, by regulation, require:
(1)CA Water Code § 13273(b)(1) An analysis of the surface and groundwater on, under, and within one mile of the solid waste disposal site to provide a reliable indication whether there is any leakage of hazardous waste.
(2)CA Water Code § 13273(b)(2) A chemical characterization of the soil-pore liquid in those areas which are likely to be affected if the solid waste disposal site is leaking, as compared to geologically similar areas near the solid waste disposal site which have not been affected by leakage or waste discharge.
(c)CA Water Code § 13273(c) If the regional board determines that the information specified in paragraph (1) or (2) is not needed because other information demonstrates that hazardous wastes are migrating into the water, the regional board may waive the requirement to submit this information specified in paragraphs (1) and (2) of subdivision (b). The regional board shall also notify the Department of Toxic Substances Control, and shall take appropriate remedial action pursuant to Chapter 5 (commencing with Section 13300).
(d)CA Water Code § 13273(d) The regional board shall examine the report submitted pursuant to subdivision (b) and determine whether the number, location, and design of the wells and the soil testing could detect any leachate buildup, leachate migration, or hazardous waste migration. If the regional board determines that the monitoring program could detect the leachate and hazardous waste, the regional board shall take the action specified in subdivision (e). If the regional board determines that the monitoring program was inadequate, the regional board shall require the solid waste disposal site to correct the monitoring program and resubmit the solid waste assessment test based upon the results from the corrected monitoring program.
(e)CA Water Code § 13273(e) The regional board shall examine the approved solid waste assessment test report and determine whether any hazardous waste migrated into the water. If the regional board determines that hazardous waste has migrated into the water, it shall notify the Department of Toxic Substances Control and the California Integrated Waste Management Board and shall take appropriate remedial action pursuant to Chapter 5 (commencing with Section 13300).
(f)CA Water Code § 13273(f) When a regional board revises the waste discharge requirements for a solid waste disposal site, the regional board shall consider the information provided in the solid waste assessment test report and any other relevant site-specific engineering data provided by the site operator for that solid waste disposal site as part of a report of waste discharge.

Section § 13273.1

Explanation

This law outlines procedures for operators of solid waste disposal sites in relation to water quality assessments. Before a scheduled water quality assessment, site operators can submit a questionnaire to the regional board if their site is not over 50,000 cubic yards or doesn't contain hazardous substances (aside from household ones). The board reviews these questionnaires to identify potential contamination affecting water use. If no hazardous discharge is detected, operators don't need to conduct further water quality tests. If the review is inconclusive, parts or all of the assessment test must be completed. The law also mandates the creation of a standard questionnaire by the state board to help gather necessary data, including waste types, site size, and age. Specific deadlines apply for sites seeking assessment exemptions.

(a)CA Water Code § 13273.1(a) Except as provided in subdivision (b), an operator of a solid waste disposal site may submit a solid waste assessment questionnaire to the appropriate regional board at least 24 months prior to the site’s solid waste water quality assessment test due date as established pursuant to Section 13273. The regional board shall require the operator to submit any additional information, as needed, or require onsite verification of the solid waste assessment questionnaire data in order to render a decision pursuant to subdivision (c).
(b)CA Water Code § 13273.1(b) Any solid waste disposal site which is larger than 50,000 cubic yards or is known or suspected to contain hazardous substances, other than household hazardous wastes, shall be prohibited from submitting a solid waste assessment questionnaire under this section.
(c)CA Water Code § 13273.1(c) The regional board shall complete a thorough analysis of each solid waste assessment questionnaire submitted pursuant to this section by a date 18 months prior to the solid waste assessment test due date. Based upon this analysis, the regional board shall determine whether or not the site has discharged hazardous substances which will impact the beneficial uses of water. If the regional board determines that the site has not so discharged hazardous substances, the regional board shall notify the operator that the operator is not required to prepare a solid waste water quality assessment test pursuant to Section 13273.
(d)CA Water Code § 13273.1(d) If the regional board does not make the determination specified in subdivision (c), the operator shall submit all, or a portion of, a solid waste water quality assessment test. The regional board shall notify the operator of this determination and indicate if all, or what portion of, a solid waste water quality assessment test shall be required. The operator shall submit the solid waste water quality assessment test, or a portion thereof, by the date established pursuant to Section 13273.
(e)CA Water Code § 13273.1(e) The state board shall develop a solid waste assessment questionnaire and guidelines for submittal no later than three months after the effective date of this statute adding this section. The questionnaire shall contain, but not be limited to, a characterization of the wastes, size of the site, age of the site, and other appropriate factors.
(f)CA Water Code § 13273.1(f) Those operators of solid waste disposal sites listed by the state board pursuant to Section 13273 in Rank 3 and seeking an exemption under this section shall submit their solid waste assessment questionnaire no later than July 1, 1988. If the regional board does not make the determination specified in subdivision (c), the regional board shall require the operator to submit all, or a portion of, a solid waste water quality assessment test by July 1, 1990.

Section § 13273.2

Explanation

Even if a solid waste site is initially exempt, a regional board in California can review and reassess its status and decide if further testing is needed to evaluate its impact on water quality. The board can request new or updated assessments from the site operator. They must provide written notification with a due date for this assessment, but they can't demand it sooner than past established deadlines.

Notwithstanding subdivision (b) of Section 13273.1, a regional board may reevaluate the status of any solid waste disposal site ranked pursuant to Section 13273, including those sites exempted pursuant to Section 13273.1, and may require the operator to submit or revise a solid waste water quality assessment test after July 1, 1989. The regional board shall give written notification to the operator that a solid waste assessment test is required and the due date. This section shall not require submittal of a solid waste water quality assessment test by a date earlier than established in accordance with Section 13273.

Section § 13273.3

Explanation

This law clarifies who is considered the 'operator' of a solid waste disposal site in California. It states that an 'operator' is someone who currently, or in the past, managed or operated the site. If the original operator is no longer available or can't meet legal obligations, then the 'operator' is any individual who owns or has owned the site.

As used in Sections 13273, 13273.1, and 13273.2, “operator” means a person who operates or manages, or who has operated or managed, the solid waste disposal site. If the operator of the solid waste disposal site no longer exists, or is unable, as determined by the regional board, to comply with the requirements of Section 13273, 13273.1, or 13273.2, “operator” means any person who owns or who has owned the solid waste disposal site.

Section § 13273.5

Explanation

This law says that certain small cities in Kings County, California, don't have to submit a solid waste water quality report if they operate a specific type of landfill under certain conditions. If a city has fewer than 20,000 residents, its landfill takes in less than 20,000 tons of waste annually, sits at least 250 feet above the water table, receives less than 12 inches of rain a year, and the water isn't drinkable, they are exempt.

The landfill must already be operational with proper permits as of January 1, 1991, and must have completed initial tests showing no significant air or water contamination. If these conditions are met, the city doesn't have to do additional tests for seven years, or longer if specified.

Notwithstanding Section 13273, a small city which operates a Class III solid waste disposal site is not required to submit a solid waste water quality assessment test report pursuant to Section 13273 if the city has a population of less than 20,000 persons, the solid waste disposal site receives less than 20,000 tons of waste per year, the water table of the highest aquifer under the disposal site is 250 or more feet below the base of the disposal site and the water in the highest aquifer is not potable, and the site receives less than an average of 12 inches of rainfall per year.
This section applies only if the disposal site is operational and has been granted all required permits as of January 1, 1991, if the site is located in Kings County, and if the city has completed an initial solid waste water quality assessment test and a solid waste air quality assessment test which establish that no significant air or water contamination has occurred, and, in that event, the city shall be exempted from conducting further assessment tests for seven years, or any longer time specified by the regional board, after the date of the initial assessment tests.

Section § 13274

Explanation

This law section requires the state board or regional boards in California to establish general rules for handling and applying sewage sludge and other biological solids. These rules replace individual permits and set minimum standards for using these materials as fertilizers or soil amendments in agriculture, forestry, and mining. They include measures to prevent environmental issues and health hazards. The boards must also consult with other state agencies and can charge fees to cover costs. These general rules take precedence over those from other agencies unless there are specific exceptions. This law does not change the authority of agencies over composting, landfill use, incineration, or fertilizer regulations, nor does it limit local governments from regulating these activities on their lands.

(a)Copy CA Water Code § 13274(a)
(1)Copy CA Water Code § 13274(a)(1) The state board or a regional board, upon receipt of applications for waste discharge requirements for discharges of dewatered, treated, or chemically fixed sewage sludge and other biological solids, shall prescribe general waste discharge requirements for that sludge and those other solids. General waste discharge requirements shall replace individual waste discharge requirements for sewage sludge and other biological solids, and their prescription shall be considered to be a ministerial action.
(2)CA Water Code § 13274(a)(2)The general waste discharge requirements shall set minimum standards for agronomic applications of sewage sludge and other biological solids and the use of that sludge and those other solids as a soil amendment or fertilizer in agriculture, forestry, and surface mining reclamation, and may permit the transportation of that sludge and those other solids and the use of that sludge and those other solids at more than one site. The requirements shall include provisions to mitigate significant environmental impacts, potential soil erosion, odors, the degradation of surface water quality or fish or wildlife habitat, the accidental release of hazardous substances, and any potential hazard to the public health or safety.
(b)CA Water Code § 13274(b) The state board or a regional board, in prescribing general waste discharge requirements pursuant to this section, shall comply with Division 13 (commencing with Section 21000) of the Public Resources Code and guidelines adopted pursuant to that division, and shall consult with the State Air Resources Board, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery.
(c)CA Water Code § 13274(c) The state board or a regional board may charge a reasonable fee to cover the costs incurred by the board in the administration of the application process relating to the general waste discharge requirements prescribed pursuant to this section.
(d)CA Water Code § 13274(d) Notwithstanding any other law, except as specified in subdivisions (f) to (i), inclusive, general waste discharge requirements prescribed by a regional board pursuant to this section supersede regulations adopted by any other state agency to regulate sewage sludge and other biological solids applied directly to agricultural lands at agronomic rates.
(e)CA Water Code § 13274(e) The state board or a regional board shall review general waste discharge requirements for possible amendment upon the request of any state agency, including, but not limited to, the Department of Food and Agriculture and the State Department of Public Health, if the board determines that the request is based on new information.
(f)CA Water Code § 13274(f) This section is not intended to affect the jurisdiction of the Department of Resources Recycling and Recovery to regulate the handling of sewage sludge or other biological solids for composting, deposit in a landfill, or other use.
(g)CA Water Code § 13274(g) This section is not intended to affect the jurisdiction of the State Air Resources Board or an air pollution control district or air quality management district to regulate the handling of sewage sludge or other biological solids for incineration.
(h)CA Water Code § 13274(h) This section is not intended to affect the jurisdiction of the Department of Food and Agriculture in enforcing Sections 14591 and 14631 of the Food and Agricultural Code and any regulations adopted pursuant to those sections, regarding the handling of sewage sludge and other biological solids sold or used as fertilizer or as a soil amendment.
(i)CA Water Code § 13274(i) This section does not restrict the authority of a local government agency to regulate the application of sewage sludge and other biological solids to land within the jurisdiction of that agency, including, but not limited to, the planning authority of the Delta Protection Commission, the resource management plan of which is required to be implemented by local government general plans.

Section § 13275

Explanation

This law allows public water systems in California, which are regulated by the state board, to take legal action against parties responsible for contaminating the water supply. They have the same legal rights as private landowners whose groundwater has been contaminated. The term 'responsible party' refers to the definition given in another section of the Health and Safety Code.

(a)CA Water Code § 13275(a) Notwithstanding any other law, a public water system regulated by the state board pursuant to Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code shall have the same legal rights and remedies against a responsible party, when the water supply used by that public water system is contaminated, as those of a private land owner whose groundwater has been contaminated.
(b)CA Water Code § 13275(b) For purposes of this section, “responsible party” has the same meaning as defined in Section 78145 of the Health and Safety Code.

Section § 13276

Explanation

This California law requires a task force comprising the Department of Fish and Wildlife and other state agencies to permanently continue and expand their efforts in reducing the negative effects of cannabis cultivation on water and wildlife. These efforts now apply across the entire state.

Additionally, the state or regional water boards are instructed to manage waste from cannabis cultivation by setting rules like permits and specific waste discharge terms. These rules address various aspects like site maintenance, stream crossings, water management, and the use of chemicals and fertilizers. It also covers cleaning up and restoring affected areas.

(a)CA Water Code § 13276(a) The multiagency task force, the Department of Fish and Wildlife and state board pilot project to address the Environmental Impacts of Cannabis Cultivation, assigned to respond to the damages caused by cannabis cultivation on public and private lands in California, shall continue its enforcement efforts on a permanent basis and expand them to a statewide level to ensure the reduction of adverse impacts of cannabis cultivation on water quality and on fish and wildlife throughout the state.
(b)CA Water Code § 13276(b)  The state board or the appropriate regional board shall address discharges of waste resulting from cannabis cultivation under Division 10 (commencing with Section 26000) of the Business and Professions Code and associated activities, including by adopting a general permit, establishing waste discharge requirements, or taking action pursuant to Section 13269. In addressing these discharges, the state board or the regional board shall include conditions to address items that include, but are not limited to, all of the following:
(1)CA Water Code § 13276(b)(1) Site development and maintenance, erosion control, and drainage features.
(2)CA Water Code § 13276(b)(2) Stream crossing installation and maintenance.
(3)CA Water Code § 13276(b)(3) Riparian and wetland protection and management.
(4)CA Water Code § 13276(b)(4) Soil disposal.
(5)CA Water Code § 13276(b)(5) Water storage and use.
(6)CA Water Code § 13276(b)(6) Irrigation runoff.
(7)CA Water Code § 13276(b)(7) Fertilizers and soil.
(8)CA Water Code § 13276(b)(8) Pesticides and herbicides.
(9)CA Water Code § 13276(b)(9) Petroleum products and other chemicals.
(10)CA Water Code § 13276(b)(10) Cultivation-related waste.
(11)CA Water Code § 13276(b)(11) Refuse and human waste.
(12)CA Water Code § 13276(b)(12) Cleanup, restoration, and mitigation.