Barclays Official
California
Code of
Regulations
Title 23. Waters
Complete Title
Vol. 32
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TITLE 23. WATERS
NOMENCLATURE CROSS-REFERENCE
(NOTE: Effective April 1 , 1 990, the Office of Administrative Law authorized the renaming of the
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen-
cies implement these changes in their regulations, use the following Cross-Reference Table for
the new organizational headings used in this Title.)
OLD HIERARCHY REVISED HIERARCHY
Chapter Division
Subchapter Chapter
Article Article
Subarticle Subarticle
Section Section
Title 23
Waters
Title Table of Contents
Title 23. Waters
Table of Contents
Division 1.
Chapter 1 .
Article 1.
Article 2.
Article 3.
Article 4.
Article 4. 1
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Division 1.5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Division 2.
Chapter 1 .
Article 1.
Article 2.
Page
Reclamation Board 1
Organization, Powers and
Standards l
Authority, Purpose, Scope,
and Intent l
Definitions and Delegations i
Application Procedures 3
Enforcement Proceedings 4.2
Reconsideration 4.3
Designated Floodways 4.3
Existing Encroachments
Within an Adopted Plan of
Flood Control 4.4
Review Rights 4.4
Standards 4.4
Regulations for
Implementation of the
California Environmental
Quality Act 4.45
Flood Plain Management
(Department of Water Resources
and Reclamation Board) 5
General Provisions 5
Notification of Need for
Regulations 5
Types of Regulations 6
Review of Proposed
Regulations 6
Studies to Support
Regulations 7
Department of Water Resources 9
Dams and Reservoirs 9
General Provisions 9
Applications for
Construction, Enlargement,
Repair, Alteration, or
Removal of Dams or
Reservoirs 9
Page
Article 3. Annual Fee 11
Article 4. Small Dams Review Board 11
Article 5. Dams Owned by the Department
of Water Resources 12
Chapter 1 .5. Levee and Right of Way Control 12
Chapter 1.6. Relocation Assistance Program 12
Article 1 . General 12
Article 2. Relocation Payments 16
Article 3. Acquisition Policies 23
Chapter 1.7. Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying,
and Construction Project
Management Firms 23
Article 1 . General Provisions 23
Article 2. Specific Provisions 24
Chapter 1.8. Residential Water Conservation
Tax Credit 26
Chapter 1 .9. Minority and Women Business
Enterprise Program for
Department State Contract Act
Contracts 26
Chapter 2. Financial Assistance for Local
Projects 26
Article 1 . General Provisions 26
Article 2. Request for Preliminary
Determination of
Eligibility for a Project
Construction Loan or Grant 26.1
Article 3. Application for a Project
Construction Loan or Grant
or Facilities Grant 26.1
Article 4. Applications for State
Participation 27
Article 5. Procedure Following Approval
of a Project Construction
Loan or Grant, or
Facilities Grant, or State
Participation 28
Page i
(7 11 20081
Title Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Article 6.
Article 8.
Article 9.
Chapter 2.2.
Article 1.
Article 2.
Article 3.
Chapter 2.3.
Chapter 2.4.
Chapter 2.5.
Chapter 2.5.1.
Chapter 2.6.
Chapter 2.7.
Chapter 2.7.1.
Chapter 2.5.2.
Chapter 3.
Article 5.
Article 6.
Article 7.
Article 8.
Application for Loan for
Preparation of Feasibility
Report
Grant Standards
Page
28
Application for Drought
Emergency Loans 28
Environmental Water Act of 1989 28
General Provisions 28
Specific Program Provisions 28.1
Evaluation Process 28.3
Loan Programs Under the Water
Conservation and Water Quality
Bond Law of 1986, and the Water
Conservation Bond Law of 1988
and Loan and Grant Programs for
Local Projects Under the Safe,
Clean, Reliable Water Supply
Act
Grant Program Under the Urban
Creeks Restoration and Flood
Control Act of 1985
28.3
30.1
California Safe Drinking Water
Bond Law of 1976 and California
Safe Drinking Water Grant
Program
30.4
California Safe Drinking Water
Bond Law of 1984 34
Weather Resources Management 37
Model Water Efficient Landscape
Ordinance 37
Flood Protection Corridor
Program of the Costa-Machado
Water Act of 2000 38.14
Yuba Feather Flood Protection
Program of the Safe Drinking
Water, Clean Water, Watershed
Protection, and Flood
Protection Act
38.18
Regulations for Implementation
of the California Environmental
Quality Act of 1970 38.24
General Responsibilities 39
Nonapplicability of CEQA or
Exemptions from Initial
Study and EIR Preparation 39
Initial Study 39
Lead Agency 39
Page
Article 9. Environmental Impact Reports
(EIRs) 39
Article 10. EIR Preparation and
Processing 39
Article 1 1 . Review Procedures for EIRs
and Negative Declarations 39
Article 1 2. Appendix 39
Chapter 4. Revenue Requirement and Just and
Reasonable Determination 39
Chapter 5. Department of Water Resources —
Conflict of Interest Code 40.2
State Water Resources Control
Board and Regional Water
Quality Control Boards
Division 3. 1
1
(
Chapter 1.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 1.5.
Article 1.
Article 2.
Article 3.
Article 4.
Chapter 2.
Article 1.
Article 2.
Subarticle 1.
Subarticle 2.
Article 3.
41
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
General Provisions 41
Definitions 41
Purpose, Use and Effect of
Regulations 41
Official Records 41
Meeting Notice and Agenda
Requirements 41
Conflict of Interest 41
State Water Resources
Control Board — Conflict of
Interest Code 42
Rules of Practice and Procedure 42
Meetings 42
Adjudicative Proceedings 43
Rulemaking and Informational
Proceedings 46
Subpoenas 46
Appropriation of Water 47
General Provisions 47
Definitions 47
General 47
Beneficial Uses 48
How Applications Are
Processed 50
Requirements for Separate
Applications and Joint
Applications 51
Amounts for Which to Apply 52
Contents of Application and
Instream Beneficial Use
Assessment 54
Map Requirements 56
Special Situation
Applications 58
Page ii
(7-11-2008)
Title 23
Waters
Page
Protests and Answers 61 Article 2.
Investigations 62
Hearings and Proceedings in
Lieu of Hearing 62 Chapter 4.
Reconsideration and
Amendments of Board Water Article 1 .
Right Decision and Orders 64
Right of Access 65 Article 2.
Standard Permit Terms and Article 3.
Conditions 66
Changes in Point of Chapter 4.5.
Diversion, Place of Use, or
Purpose of Use 67 ^,
^ Chapter 5.
Temporary Changes Due to
Transfer or Exchange of Chapter o.
Water or Water Rights 69
Temporary Urgency Changes 70
Changes Involving a Long- Chapter 7.
term Transfer of Water or Chapter 8.
Water Right 70
Chapter 9.
Enforcement of Terms and
Conditions 71
Article 1.
Changes of Ownership and of
Artirlf 9
Address-Notices 71 Anicie z.
Diligence Required —
Extensions of Time 72
Revocation of Permits and Article 3.
Licenses 73
Prevention of Waste and
Unreasonable Use 74 Article 5.
Stream Systems Declared to
Be Fully Appropriated 74
Article 6.
Water Rights for Stockponds 76
Definitions 76
Chapter 9.1.
Claims of Water Rights and
A ^■ ,■ f Article 1.
Applications tor
Certification 76 Chapter 9.2.
Fees 77
Notice of Claims and Article 2.
Protests 77 chapterlO.
Investigation, Hearing, and
Certification of Claims 77 Article 1
Continued Use of the Article 2.
Stockpond and Revocation of
the Certification 77 * _.• , ->
Article 3.
Determination of Right to the
Us^^fWater 78 chapter 11.
Definitions 78
Title Table of Contents
Page
Adjudications Under Water
Code Sections 2500 Through
2900 78
Recordation of Water Extractions
and Diversions 78.2
Notices of Water Extractions
and Diversions 78.2
Fees 78.2
Investigation and
Determination of Facts 78.3
Procedures for Protecting
Instream Beneficial Uses 78.3
Fees 78.3
Review by State Board of Action
or Failure to Act by Regional
Board 78.8
Clean Water Grant Program 81
Other Federal Grant Programs 81
Waste Discharge Reports and
Requirements 81
Fees 81
Waste Discharge Requirements
for Discharges Other Than
from Point Sources to
Navigable Waters 84.2
Waste Discharges from Point
Sources to Navigable
Waters 83
Waste Discharges from Point
Sources to Navigable
Waters 85
Bay Protection Toxic Cleanup
Program 85
Enforcement Procedures 86
Cease and Desist Orders 86
Reportable Quantities and
Reporting Requirements 86. l
Reporting Requirements 87
Licensing and Regulation of Use
of Oil Spill Cleanup Agents 87
General Provisions 87
Licensing of Oil Spill
Cleanup Agents 87
Use of Oil Spill Cleanup
Agents 88
Certification of Conformance
with Water Quality Standards 88
Article 9.
Article 10.
Article 1 1 .
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 16.5
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Chapter 2.5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Chapter 3.
Article 1.
Page iii
Title Table of Contents BARCLAYS CALIFORNIA
Page
Chapter 12. Certification Under Section 169
of the Internal Revenue Code of
1954, As Amended 88
Chapter 13. Registration and Regulation of
Liquid Waste Haulers 88
Chapter 14. Classification of Wastewater
Treatment Plants and Operator
Certification 88
Chapter 15. Discharges of Hazardous Waste to
Land 88
Article 1 . General 88
Article 2. Waste Classification and
Management 90
Article 3. Waste Management Unit
Classification and Siting 91
Article 4. Construction Standards for
Class I Units 92
Article 5. Water Quality Monitoring and
Response Programs for Waste
Management Units 96
Article 6. Confined Animal Facilities 108
Article 7. Mining Waste Management 109
Article 8. Closure and Post-Closure
Maintenance 109
Article 9. Compliance Procedures 109
Article 10. Definitions 114
Chapter 16. Underground Tank Regulations 120
Article 1 . Definition of Terms 120
Article 2. General Provisions 123
Article 3. New Underground Storage Tank
Design, Construction, and
Monitoring Requirements 124
Article 4. Existing Underground Storage
Tank Monitoring
Requirements 132
Article 5. Release Reporting and
Initial Abatement
Requirements 145
Article 6. Underground Storage Tank
Repair and Upgrade
Requirements 147
Article 7. Underground Storage Tank
Closure Requirements 150
Article 8. Site-Specific Variance
Procedures 152
Article 9. Local Agency Requests for
Additional Design and
Construction Standards 152.1
CODE OF REGULATIONS Title 23
Page
Article 10. Permit Application,
Quarterly Report and Trade
Secret Request
Requirements 152.1
Article 10.5. Red Tag Authority 152.12
Article 11. Corrective Action
Requirements 152.13
Article 12. Electronic Submission of
Laboratory Data for UST
Reports 152.16
Chapter 17. Underground Tank Tester
Regulations 152.16
Article 1 . General Provisions 152.16
Article 2. Administration 152.17
Article 3. Application of Regulations 153
Article 4. Licensing 153
Article 5. Conduct of Business and
Prohibited Acts 154
Article 6. Appeals Regarding
Disciplinary Action 155
Article 7. Revenue 156
Chapter 18. Petroleum Underground Storage
Tank Cleanup Fund Regulations 157
Article 1. General Provisions 157
Article 2. Definition of Terms 157
Article 3. Financial Responsibility
Requirements 158.1
Article 4. The Fund 158.4
Article 5. Request for Review, Appeal,
and Petition Process 158.12(a)
Article 6. Petitions for Site Closure 158.12(b)
Article 7. Orphan Site Cleanup
Account 158.12(c)
Chapter 19. Certification Under the
California Pollution Control
Financing Authority Act 158.12(1)
Chapter 20. Standards for the Removal of
Sewage from Vessels I58.l2(j)
Article 1. General I58.l2(j)
Article 2. Design and Construction 158.120)
Article 3. Operation and Maintenance I58.l2(k)
Chapter 20. 1 . Designation of Marine Terminals
to Provide Adequate Sewage
Retention Device Pumpout
Facilities I58.l2(k)
Article 1. General Provisions I58.l2(k)
Article 2. Administrative Procedures I58.l2(k)
Page iv
(7-11-2008)
Title 23
Waters
Page
Certification for Small Business Article 6.
Concerns Applying for Small Article 7
Business Act Loans to Meet
Water Pollution Control
Requirements 158.13 . . , r,
^ Article 8.
State Policy for Water Quality Article 9.
Control 158.13 . . , ,^
Article 10.
Water Quality Control Plans 158.16(b)
Grant and Loan Programs 158.16(c) Chapter 27.
Pesticide Research,
Identification of Source,
and Mitigation Grant Article 1 .
Program 158.16(c) Article 2.
Replacing, Removing, or Article 3.
Upgrading Petroleum
Underground Storage Tanks
Grant and Loan Program 158.16(d)
Clean Water Grant Program 158.16(g)
Article 4.
General Provisions 158.16(g)
Article 5.
Definitions 158.16(g)
State Project Priority Article 6
System 158.16(h)
„ A ,• • Chapter 28.
Grant Applications 158.17
^ . , ^ . . . Article 1 .
Requirements and Limitations
of Treatment Works 158.17 Article 2.
Grants Contracts and Article 3.
Modifications, Payments,
and Grantee Article 4.
Responsibihties 158.17 Article 5
Review of Action by the
Division 158.18 Article 6.
Waivers 158.18 ^. ^ ^^
Chapter 29.
Eligible State-Assisted
Projects 158.18
Classification of Wastewater
Treatment Plants and Operator
Certification 158.18
General Provisions 158.18 Chapter 30.
Classification of Wastewater
Treatment Plants and Agency Article 1 .
Reporting Requirements 158.20 Article 2.
Grades of Operator
Certification for the r^- ■ - j,
„ . r..r , , Division 4.
Operation oi Wastewater
Treatment Plants 158.20
Minimum Qualifications 158.20 Chapter 1.
Examination and
Certification of Wastewater Article 1 .
Treatment Plant Operators 158.22 Article 2.
Title Table of Contents
Page
Operators-in-Training 158.25
Prohibited Acts,
Disciplinary Action, and
Appeal Process 158.26
Fees 158.27
Advisory Committee 158.27
Wastewater Treatment Plant
Contract Operators 158.28
Regulations for Implementation
of the Environmental Quality
Act of 1970 158.29
General 158.29
Exemptions 158.30
Applications for Waste
Discharge, Water
Reclamation Requirements,
or Other Entitlements for
Use 158.30
Applications for Funding 158.31
Processing of Environmental
Documents 158.33
Exempt Regulatory Programs 158.33
Certifications 1 58.36
General Provisions 158.36
Tax Certifications 158.39
Small Business
Certifications 158.39
Water Quality Certification 158.40
Pollution Control
Certifications 158.42
Petitions to State Board 158.42
Contracting with Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying,
or Construction Project
Management Firms 158.43
Electronic Submittal of
Information 158.46
General Provisions 158.46
Electronic Submittal of
Information 158.46
Regional Water Quality Control
Boards 159
Water Quality Control Plans,
Policies, and Guidelines 159
North Coast Region 1 59
San Francisco Bay Region 161
Chapter 21.
Chapter 22.
Chapter 23.
Chapter 24.
Article 1.
Article 2.
Chapter 25.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Chapter 26.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Page V
Title Table of Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Page Page
Article 3. Central Coast Resion 162.2(b) Article 9. San Diego Region 165
Article 4. Los Angeles Region 162.2(b)(3)
Division 5. Prevention of Waste,
Articles. Central Valley Region 1624 Unreasonable Use or Diversion
of Water (State Water Resources
Article 6. Lahontan Region 162.6(d)
Control Board and Department of
Article 7. Colorado River Basin Region 162.10 Water Resources) 179
Article 8. Santa Ana Region 162. ii Chapter 1 . Procedures 179
Page vi (7-11-2008)
JL
Barclays Official
California
Code of
Regulations
Title 23. Waters
Division 1. Reclamation Board
Vol. 32
XMOIVISOIM
^ ^
M\fBST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 23
Reclamation Board
Table of Contents
Division 1. Reclamation Board
Table of Contents
Page
Page
Chapter
Article 1.
Organization, Powers and
Standards
Article 8.
Authority, Purpose, Scope,
and Intent
§1.
Authority.
§2.
Purpose, Scope.
§3.
Intent.
Article 2.
Definitions and Delegations
... 1
§4.
Definitions.
§3.
Delegations.
Article 3.
Application Procedures
...3
§6.
Need for a Permit.
§7.
Endorsement by Local Maintaining
Agency
§8.
Applications.
§9.
Acknowledgement of Receipt,
Completeness of Applications, and
Notice to Contiguous Landowners.
§ 10.
Environmental Review.
§11.
Variances.
§12.
Protests.
§13.
Hearings.
§14.
Board Decision.
§15.
Bases for Denial of Applications.
§16.
Permit Conditions.
§17.
Emergencies.
§18.
Revisions in Plans.
§19.
District Lands.
Article 4.
Enforcement Proceedings
. 4.2
§20.
Initiation.
§21.
Hearing.
§ 22.
Board Decision.
Article 4.1.
Reconsideration
. 4.3
§23.
Reconsideration.
Article 5.
Designated Floodways
. 4.3
§101.
Responsibility of the Board.
§102.
Considerations in Designating
Floodways.
§103.
Notices and Hearings.
§104.
Recording.
§ 105.
Availability of Maps.
§106.
Floodway Modifications.
§ 107.
Permitted Uses in Designated
Floodways.
Article 6.
Existing Encroachments
Within an Adopted Plan of
Flood Control
. 4.4
§ 108.
Existing Encroachments.
Article 7.
Review Rights
. 4.4
§109.
Right of Review of Delegated
Authority.
110.
§ 111
§ 112
§ 113
§114
§ 115
§ 116
§ 117
§ 118
§ 119.
§ 120.
§ 121.
§ 122.
§123.
§ 124.
§ 125.
§126.
§127.
§ 128.
§129.
§ 130.
§131.
§132.
§ 133.
§ 134.
Review Procedures.
Standards
4.4
Introduction to Standards.
Streams Regulated and
Nonpermissible Work Periods.
Dwelling and Structures Within an
Adopted Plan of Hood Control.
Mobile Home Parks and
Recreational Vehicle Parks.
Dredged, Spoil, and Waste Material.
Borrow and Excavation
Activities — Land and Channel.
Supplemental Borrow Standards for
the Yuba River.
Supplemental Borrow Standards for
the Lower San Joaquin River Flood
Control Project.
Dams and Related Structures.
Levees.
Erosion Control.
Irrigation and Drainage Ditches,
Tile Drains, and Septic Systems.
Pipelines, Conduits, and Utility
Lines.
Abandoned Pipelines and Conduits.
Retaining Walls.
Fences and Gates.
Boating Facilities.
Bridges.
Water, Oil, and Gas Wells.
Patrol Roads and Access Ramps.
Vegetation.
Bicycle Trails.
Supplemental Standards for Control
of Residential Encroachments in
Reclamation District 1000.
Supplemental Standards for the
Yuba River — Daguerre Point Dam
to Confluence with the Feather
River.
§ 135.
Supplemental Standards for Butte
Basin.
§136.
§ 137.
Supplemental Standards for Yolo
Bypass and Sutter Bypass.
Miscellaneous Encroachments.
Article 9.
Regulations for
Implementation of the
California Environmental
Quality Act
§ 190.
§191.
Purpose and Authority.
Incorporation of California
Environmental Quality Act
Guidelines.
§ 192.
Fees for Preparation of Negative
Declaration or EIR.
§ 193. Categorically Exempt Activities.
Appendix A
4.45
4.46
Page
Title 23
Reclamation Board
H
TITLE 23. WATERS
Division 1. Reclamation Board
(Originally Printed 7-25-45)
History
1. New section filed 9-30-96: operative 10-30-96 (Register 96, No. 40).
Chapter 1 .
Organization,
Standards
Powers and
Article 1. Authority, Purpose, Scope, and
Intent
§ 1 . Authority.
These regulations are promulgated by the Reclamation Board pur-
suant to Water Code sections 8571 and 8608.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1 . Amendment of article 1 heading, new article 1 (sections 1 through 3) and section
filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see
Register 85, No. 26.
§ 2. Purpose, Scope.
(a) The purpose of these regulations is to carry out the board's duties
pursuant to Water Code sections 8534, 8608 and 8710 - 8723. Under
these statutes, the Board is required to enforce, within its jurisdiction, on
behalf of the State of California, appropriate standards for the construc-
tion, maintenance, and protection of adopted flood control plans that will
best protect the public from floods.
(b) The area of the board's jurisdiction includes the entire Central
Valley, including all tributaries and distributaries of the Sacramento and
San Joaquin Rivers and Tulare and Buena Vista basins.
(c) This division does not apply to the construction, operation, or
maintenance of the Central Valley Project or the State Water Resources
Development System or any parts thereof.
(d) This division does not apply to any activities of the United States
or its agencies.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8534,
8536, 8608 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 3. Intent.
The State has a primary interest in:
(1) Adequately protecting lands subject to overflow;
(2) Confining the waters of rivers, tributaries, bypasses, overflow
channels, and basins within their respective boundaries;
(3) Preserving the welfare of residents and landowners;
(4) Maintaining and protecting and banks of the Sacramento and San
Joaquin Rivers, their tributaries, bypasses, overflow channels, and ba-
sins; and
(5) Good and sufficient levees and embankments or other works of
flood control and reclamation, to adequately protect lives and property
from floods.
The regulations are also intended to comply with the board's obliga-
tions to the U.S. Army Corps of Engineers pursuant to numerous assur-
ance agreements, Coips Operation and Maintenance Manuals, and 33
C.F.R. section 208.10.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8710,
8532 and 8533, Water Code.
Article 2. Definitions and Delegations
§ 4. Definitions.
(a) Adopted Plan of Flood Control. "Adopted Plan of Flood Control"
means a flood control or reclamation strategy for a specific area that has
been adopted by the board or the Legislature and includes the following:
( 1 ) In the case of project flood channels without levees, it means the
natural stream channel and overbank area at design flood levels (see Ar-
ticle 5, Designated Floodways);
(2) In the case of project channels with levees, it means the area be-
tween and including the project levees, and includes:
(A) Additional area outside of the project levees where encroachments
could affect the integrity, functioning or maintenance of the works (gen-
erally ten [10] feet landward of the levee toe);
(B) Any flowage areas that are part of the federal or state flood control
project; and
(C) Areas where there are flowage easements; and
(3) In the case of designated floodways, it means the area between the
encroachment lines.
(4) Where levees are involved, the "Adopted Plan of Flood Control"
extends ten (10) feet landward from the levee toe except where an opera-
tion and maintenance manual furnished pursuant to 33 C.F.R. 208. 10 or
the real property rights acquired by the board specifically provide other-
wise.
(b) Berm. "Berm" means the strip of ground between the waterward
levee toe and the top of the bank of the low water channel.
(c) Board. "Board" means The Reclamation Board of The Resources
Agency of the State of California as provided in Water Code section
8521.
(d) CEQA. "CEQA" means the California Environmental Quality Act,
beginning at Public Resources Code section 21000.
(e) Chief Engineer. "Chief engineer" means the person appointed by
the board pursuant to Water Code section 8581 for that purpose.
(f) Conforming Existing Encroachment. "Conforming existing en-
croachment" means an existing facility or use that is consistent with these
regulations.
(g) Crest Elevation. "Crest elevation" means the elevation of the top
of a levee, dike, or dam.
(h) Department. "Department" means the Department of Water Re-
sources of The Resources Agency of the State of California as provided
in Water Code section 120.
(i) Designated Floodway. "Designated floodway" means either:
(1) the channel of the stream and that portion of the adjoining flood-
plain reasonably required to provide for the passage of a design flood, as
indicated by floodway encroachment lines on an adopted map; or
(2) the floodway between existing levees as adopted by the board or
the Legislature.
(j) Design Flood. "Design flood" means the flood against which pro-
tection is provided or may eventually be provided by means of flood pro-
tection or control works, or that flood which the board otherwise deter-
mines to be compatible with future developments.
(k) Design Flood Plane. "Design flood plane" means the water surface
elevation at design flow as determined by the Army Corps of Engineers,
the Board, or Federal Emergency Management Agency, or other higher
elevations based upon best available information, as determined by the
board.
Pagel
Register 96, No. 40; 10-4-96
§5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(/) Dwelling. "Dwelling" means an improvement of real property
used, intended to be used, or suitable to he used for residential purposes,
including, but not limited to, living, sleeping, cooking, or eating.
(m) Encroachment. "Encroachment" means any obstruction or physi-
cal intnision by constmction of works or devices, planting or removal of
vegetation, or by whatever means for any purpose, into any of the follow-
ing:
( 1 ) any flood control project works;
(2) the waterway area of the project;
(3) the area covered by an adopted plan of flood control; or
(4) any area outside the above limits, if the encroachment could affect
any of the above.
(n) Floodway. "Floodway" means the channel of a river or other water-
course and the adjacent land areas that convey flood waters.
(0) Floodway Encroachment Lines. "Floodway encroachment lines"
means the exterior limits of any designated floodway.
(p) General Manager. "General Manager" means the person appointed
by the board pursuant to Water Code section 8581 for that purpose.
(q) Impervious Material. "Impervious material" means soil which has
twenty (20) percent or more of its particles passing the No. 200 sieve, a
plasticity index of eight (8) or more, and a liquid limit of less than fifty
percent (50%).
(r) Levee Section. "Levee section" means the physical levee structure
from the landward toe to the waterward toe.
(s) Levee Toe. "Levee toe" means the point of intersection of the levee
slope with natural ground.
(t) Low-Flow Channel. "Low-flow channel" means the flowage with-
in a natural channel below top of bank.
(u) Maintenance Activities. "Maintenance activities" means any work
required to retain or maintain the intended functions of flood control faci-
lities and of existing encroachments. Maintenance activities include but
are not limited to mowing, tree and brush trimming and removal, revet-
ment restoration, rodent control, spraying, painting, coating, patching,
burning, and similar works; but does not include any significant excava-
tion or any excavation during flood season. Maintenance activities of
public agencies to maintain the designated level of function of flood con-
trol facilities within their jurisdiction are authorized and defined by Wa-
ter Code sections 8361, 8370 and 12642.
(v) Mobile Home. "Mobile home" means a structure transportable in
one or more sections and includes any manufactured home, but does not
include a recreational vehicle.
(w) Nonconforming Existing Encroachment. "Nonconforming exist-
ing encroachment" means an existing facility or use that is inconsistent
with these regulations.
(x) Nonproject Works. "Nonproject works" means the entirety or any
component of a flood control project within the board's jurisdiction that
is neither project works nor designated floodways.
(y) Obstruction. "Obstruction" means any natural or artificial struc-
ture or matter which:
(1) may impede, retard, or change the direction of the flow of water,
either in itself or by catching or collecting debris carried by the water; or
(2) that is placed where the flow of water could carry it downstream
to the damage or detriment of either life or property.
(z) Parties. "Parties" means permit applicants, the board, protestants,
and interested public agencies.
(aa) Permit. "Permit" means the approval issued by the board that ap-
proves a plan of work, with or without conditions, that results in an en-
croachment.
(bb) Permitted Uses. "Permitted uses" means flood control project
works or other structures, improvements, and land uses in the floodway
that alone or cumulatively, in the judgment of the board, will not unduly
impede the free flow of water in a stream or jeopardize public safety.
(cc) Project Works. "Project works" means the entirety or any compo-
nent of a flood control project within the area of the board's jurisdiction
that has been approved or adopted by the board or the Legislature, includ-
ing state or federally constructed levees, bank protection, weirs, pumping
plants, and any other related flood control works, or rights-of-way.
(dd) Projected Levee Section. "Projected levee section" means the
projection of the levee slope below natural ground at two (2) feet horizon-
tal to one (1) foot vertical (2:1 ) landside and three (3) feet horizontal to
one (1) foot vertical (3:1) waterside.
(ee) Recreational Vehicle. "Recreational vehicle" means any travel
trailer, camp car, motor home, tent trailer, or other similar vehicle, with
or without power, which is designed or used for human habitation and
which may be moved upon a public highway, but does not include a mo-
bile home.
(ff) Respondent. "Respondent" means the person named in an en-
forcement proceeding notice served and filed pursuant to Sections 20. 2 1 .
and 22 of this title.
(gg) Revetment. "Revetment" means a layer or layers of material, such
as stone or concrete, to prevent soil erosion.
(hh) River Mile. "River mile" means the mile along the river channel
indicated on a quandrangle map published by the United States Geologi-
cal Survey or as otherwise indicated on a map adopted by the board.
(ii) Stream. "Stream" means natural or regulated water flowing in any
natural or artificial channel. Streams may be perennial, flowing continu-
ously; intermittent or seasonal, flowing only at certain times of the year;
or ephemeral, flowing only in direct response to precipitation.
(jj) Top of Bank. "Top of bank" means the point of intersection of the
berm with the bank.
(kk) Toe of Bank. "Toe of bank" means the point of intersection of the
bank with the bottom of the channel of a waterway.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8361,
8370, 852 L 8581, 8608, 8630 and 8710, Water Code.
History
1 . Amendment of article 2 heading, new article 2 (sections 4 through 5) and renum-
bering and amendment of old section 46 to new section 4 filed 9-30-96; opera-
tive 10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
§ 5. Delegations.
(a) For the purposes of this division, all duties of the board, including
the review and approval of all encroachment permit applications, are
hereby delegated to the General Manager, with the exception of the fol-
lowing:
(1) Applications for which written protests have been filed;
(2) Applications which require a variance from the board's standards;
(3) Controversial applications, based on substantial public concern;
(4) Applications involving significant policy considerations;
(5) Applications requiring the preparation of an environmental impact
report by the board.
(6) Applications involving residential developments, as defined in
Section 113.
(7) Applications for surface mining except extensions of time for ex-
isting operations.
(8) Applications for bicycle trails on levees.
(b) The General Manager shall have authority to approve notices of ex-
emption, initial smdies and negative declarations, notices of preparation,
requests for shortened review, draft environmental impact reports, and
notices of determination prepared pursuant to CEQA. The General Man-
ager may conduct public hearings on any matter identified in this subsec-
tion. The board may, by resolution, delegate other duties and responsibi-
lities to the General Manager, the Director of the department, or others.
(c) The General Manager, by written order, may redelegate these au-
thorities to the Chief Engineer, Board Counsel, or the Department Pro-
gram Manager for Flood Control Activities under Reclamation Board au-
thority.
NOTE: Authority cited: Section 8571. Water Code. Reference: Sections 8581 and
8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Page 2
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§10
Article 3. Application Procedures
§ 6. Need for a Permit.
(a) Every proposal or plan of work, including the placement, construc-
tion, reconstruction, removal, or abandonment of any landscaping, cul-
vert, bridge, conduit, fence, projection, fill, embankment, building,
staicture, obstruction, encroachment or works of any kind, and including
the planting, excavation, or removal of vegetation, and any repair or
maintenance that involves cutting into the levee, wholly or in part within
any area for which there is an adopted plan of flood control, must be ap-
proved by the board prior to commencement of work.
(b) Permits may be required by the board for existing structures that
predate permitting or where it is necessary to establish the conditions nor-
mally imposed by permitting. The circumstances include those where re-
sponsibility for the encroachment has not been clearly established or
ownership and use have been revised.
(c) Every proposal or plan of work described in subdivision (a), but lo-
cated outside an area over which there is an adopted plan of flood control,
must be submitted to the board for approval prior to commencement of
work if it is foreseeable that the plan of work could be injurious to or inter-
fere with the successful execution, functioning, or operation of any facili-
ties of an adopted plan of flood control or of a plan under study. If in the
judgement of the General Manager, the plan of work is determined to be
injurious to or interfere with an adopted plan of flood control or of a plan
under study, the plan of work would be subject to requirements of this
division.
(d) Permits are not required for maintenance activities as defined in ar-
ticle 2, section 4 of this title.
(e) The General Manager may waive the requirement for a permit for
minor alterations within an adopted plan of flood control that would not
be injurious to the adopted plan of flood control.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1 . New article 3 (sections 6 through 19) and section, with renumbering and amend-
ment of old section 95 to new section 6(c) filed 9-30-96; operative 10-30-96
(Register 96, No. 40). For prior history, see Register 85, No. 26.
§ 7. Endorsement by Local Maintaining Agency
(a) Prior to submitting an encroachment permit application to the
board, the application must be endorsed by the agency responsible for
maintenance of levees within the area of the proposed work, such as a rec-
lamation district, drainage district, flood control district, levee district,
county, or city. Endorsement or denial of the application by the maintain-
ing agency does not preclude the board from either approving or denying
the application. If endorsement by the maintaining agency is declined or
is unreasonably delayed, the application may be submitted to the board
for consideration, along with a satisfactory explanation for lack of an en-
dorsement.
(b) For the purpose of this section "endorsement" means conceptual
plan approval, which may include recommended permit conditions of the
local maintaining agency.
(c) Applicants shall be advised by the board that permission for an en-
croachment may also be required from the local maintaining agency.
(d) This section does not apply where the department is the maintain-
ing agency.
NOTE: Authority cited: Section 8571, Wafer Code. Reference: Sections 8370,
8708, 8710 and 12642, Water Code.
History
1. New section, includins renumbering and amendment of old section 18 to new
section 7(a) filed 9-3()^96; operative 10-30-96 (Register 96, No. 40). For prior
history, see Register 85, No. 26.
§ 8. Applications.
(a) All applications for approval must be on forms provided by the
board. Applications to the board must be typewritten or in legible hand-
writing in ink and signed by or on behalf of the applicant. Applicants
must furnish copies of other material as may be needed by the board and
its staff to adequately determine the exact nature of the proposed work
and its effect upon any project facilities or adopted plan of flood control.
Applications and all associated material must be filed in quadruplicate (4
copies) with the office of the board. A copy of the application form is
found in Appendix A.
(b) Information furnished to the board must include:
(1) A description of the proposed work, together with a statement of
the dates the plamied construction will be initiated and completed.
(2) A completed copy of the Environmental Assessment Question-
naire that accompanies the application form from the board (See Appen-
dix A) and a copy of any draft and final environmental review document
prepared for the project, such as an initial study, environmental assess-
ment, negative declaration, notice of exemption, or environmental im-
pact report. For any reasonably foreseeable significant environmental
impacts, mitigation for such impacts shall be proposed.
(3) Complete plans and specifications showing the proposed work, in-
cluding a location map showing the site of the work with relation to topo-
graphic features; a plan view of the area; and adequate cross sections
through the area of the proposed work. The plans must be drawn to scale
and refer to National Geodetic Vertical Datum (NGVD), or other known
datum. The plans must also indicate any project features such as levees
and/or channels, roads, or other structures, and must show river mile or
levee mile references. The dimensions of any proposed or exisring fills,
excavations, and construction must be given.
(4) Additional information, such as geotechnical exploration, soil test-
ing, hydraulic or sediment transport studies, biological surveys, environ-
mental surveys and other analyses may be required at any time prior to
board action on the application.
(5) The names and addresses of all landowners adjacent to the property
on which the project is located.
(c) The Board may waive minor variations in an application.
NOTE: Authority cited: Section 8571, Water Code. Reference: Section 2090, Fish
and Game Code; Sections 21080.3, 21 104.2 and 21 160, Public Resources Code;
and Sections 861 1, 8710 and 8730.3, Water Code.
History
1 . Renumbering and amendment of old section 16 to new section 8 filed 9-30-96;
operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85,
No. 26.
§ 9. Acknowledgement of Receipt, Completeness of
Applications, and Notice to Contiguous
Landowners.
(a) The board shall acknowledge receipt of all applications in writing
within ten (10) working days of receipt.
(b) The board shall send a notice of the pending application and its con-
tent to each adjacent landowner identified by the applicant within ten ( 1 0)
working days of receipt of the application.
(c) Within thirty (30) calendar days of receipt of an applicarion, the
board shall determine whether the application is complete and notify the
applicant, or the applicant's agent, of its determination and any need for
additional information.
(d) ApplicaUons shall be deemed received and complete either when
the applicant supplies the requested additional information or, if no addi-
tional information is requested, thirty (30) calendar days after the receipt
of the application by the board.
NOTE: Authority cited: Secfion 8571. Water Code. Reference: Section 65943,
Government Code; and Sections 8710, 8730.1 and 8730.3, Water Code.
History
1. New secfion filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior
history, see Register 85, No. 26.
§ 10. Environmental Review.
(a) Each application shall be evaluated by an environmental review
committee appointed by the General Manager, to review the environ-
mental aspects of the application and to make recommendations with re-
spect to compliance with the California Environmental Quality Act, Pub-
lic Resources Code section 21000 et seq. ("CEQA") and the CEQA
Page 3
Register 96, No. 40; 10-4-95
§11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Guidelines, Title 14, California Code of Regulations, section 15000 et
seq. The recommendations may include proposals for mitigation to avoid
significant effects on the environment.
(b) The board may charge and collect a reasonable fee from any person
proposing a project for which the board must prepare an environmental
impact report ("EIR"), initial study, or negative declaration. The fee will
be an amount which will recover the costs incurred by the board and the
department in preparing such EIR, initial study, and negative declaration.
The board may charge and collect a deposit from the applicant for fees
prior to undertaking environmental review. The deposit for these costs
will include the cost of any consultants, staff time, and costs of printing
established according to the formula contained in section 503 of this title
which is incorporated by reference.
(c) The applicant shall provide the board and its authorized agents ac-
cess to the area of the proposed work, upon request by the board or its
authorized agents, for environmental, engineering or other purposes re-
lated to the board's review of the application.
NOTE: Authority cited: Section 21082, Public Resources Code; and Section 8571,
Water Code. Reference: Sections 21082 and 21089, Public Resources Code; and
Sections 8608 and 8710, Water Code.
History
I . New section fded 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior
history, see Register 69, No. 25.
§11. Variances.
(a) An application for an encroachment permit for a use that is not con-
sistent with the board's standards as outlined in this division requires a
variance approved by the board.
(b) When approval of an encroachment requires a variance, the appH-
cant must clearly state in the application why compliance with the
board's standards is infeasible or not appropriate.
(c) The General Manager may grant temporary variances to allow
work during the flood season (See Table 8.1).
(d) Where the General Manager finds in a particular situation that there
is no legitimate reason for the appHcation of one of the board's standards,
the General Manager may waive any such standard for that situation.
NOTE: Authority cited: Section 8571, Water Code. Reference: Section 8710, Wa-
ter Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior
history, see Register 85, No. 26.
§12. Protests.
Protests to permit applications may be submitted by any interested
party. For the purpose of the section, the term "interested party" means
a party who has a legally recognizable private or public interest. Protests
must be submitted in writing. Each protest must include:
(1) The name, address, and telephone number of the protestant;
(2) A clear statement of the protestant' s objections; and
(3) An explanation of how the protestant will be adversely affected by
the proposed project. Within ten (10) days of receipt of a protest, the
board shall mail a copy of the protest to the applicant. Protests must be
based solely upon flood control concerns or, where the board is acting as
lead agency under CEQA, environmental concerns.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8571 and
8710, Water Code; and Section 21092, Public Resources Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§13. Hearings.
(a) Hearings shall be held on an application in the following circum-
stances:
(1) Upon written request of the applicant;
(2) When approval requires a variance to the board's standards;
(3) When any person files a written protest conforming to the require-
ments of section 12 and requests a hearing;
(4) When the authority to approve the activity has not been delegated
to the General Manager;
(5) Upon the board's own motion.
(b) The applicant and other parties may request in writing that the
board provide a copy of any document, not exempt from disclosure under
the Public Records Act, beginning at Government Code section 6251,
that is relevant to any proceeding. The board may charge a reasonable fee
for each copy.
(c) The board may hold a hearing or a partial hearing at any place with-
in the state on its own initiative or on the request of the applicant. All
hearings must be open to the public. The board President may designate
a hearing officer. The board may require the applicant to pay all or part
of the expenses of any hearing not located in the County of Sacramento,
if the hearing is moved from Sacramento at the request of the applicant.
These expenses may include, but are not limited to the following:
(1) Traveling expenses of the board, officers, and employees of the
board;
(2) Expenses of stenographic reporting and transcribing evidence; and
(3) A proportionate allowance, according to their usual rate of com-
pensation, for the time of members, officers, and employees of the board
required for the hearing.
(d) Written notice of the hearing shall be mailed to the applicant and
each other party at least ten (10) days prior to the date of the hearing.
(e) Applicants shall be notified of the staff recommendations on the
application at least seven (7) days prior to the hearing, unless this period
is waived by the applicant. Adjacent landowners shall also be notified of
staff recommendations at least seven (7) days prior to the hearing if they
have responded in writing to the notice sent pursuant to section 9(b) of
this article. Protestants shall be notified of the staff recommendations at
least seven (7) days prior to the hearing.
(f) The board President may implement additional administrative pro-
cedures for the conduct of hearings and related proceedings. This author-
ity may be redelegated to the General Manager.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 6253 and
11125, Govemmenl Code; and Sections 8710, 8730.2, 8731, 8732, 8732.5, 8734
and 8735, Water Code.
History
1. New section fded 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 14. Board Decision.
(a) The board shall act upon applications within the following time
Hmits:
(1) When the board is the lead agency pursuant to CEQA and an envi-
ronmental impact report is prepared, it shall approve or disapprove a
project within six months from the date of the certification of the environ-
mental impact report.
(2) When the board is the lead agency and a negative declaration is
adopted or if the project is exempt from CEQA, the board shall approve
or disapprove a project within three months from the date of the adoption
of the negative declaration.
(3) When the board is a responsible agency for a project that has been
approved by the lead agency, it shall either approve or disapprove the
project within whichever is the longer:
(A) Within one-hundred-eighty (180) days of the date on which the
lead agency has approved the project; or
(B) Within one-hundred-eighty (180) days of the date on which the
application is deemed complete.
(b) Applicants may waive the requirement that applications be acted
upon within such periods. Waivers must be in writing or expressed on the
record at a hearing.
NOTE: Authority cited: Section 8571 , Water Code. Reference: Sections 65950 and
65952, Government Code; and Section 8730.1, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 15. Bases for Denial of Applications.
The board may deny a permit for any of the following reasons:
(a) If the proposed work could:
(1) Jeopardize directly or indirectiy the physical integrity of levees or
other works;
Page 4
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§17
(2) Obstruct, divert, redirect, or raise the surface level of design floods
or flows, or the lesser flows for which protection is provided;
(3) Cause significant adverse changes in water velocity or flow regi-
men;
(4) Impair the inspection of floodways or project works;
(5) Intertere with the maintenance of floodways or project works;
(6) Interfere with the ability to engage in floodfighting, patrolling, or
other flood emergency activities;
(7) Increase the damaging effects of flood flows; or
(8) Be injurious to, or interfere with, the successful execution, func-
tioning, or operation of any adopted plan of flood control.
(b) When the board is the lead agency under CEQA, and the proposed
encroachment could result in potential and unmitigated significant envi-
ronmental effects, including cumulative environmental effects.
(c) When the board is a responsible agency under CEQA. and the
CEQA document is inadequate.
(d) If the applicant fails to supply information deemed necessary by
the board for application purposes, including the names of all adjacent
landowners.
(e) If the proposed work does not meet board standards contained in
article 8.
(f) If there has been a failure by the applicant (or persons associated
with the applicant through an agreement or agency relationship) to sub-
stantially comply with permit conditions on prior related permits or if
there has been work performed without a permit and that work is not the
subject of the pending permit application where the applicant has not
supplied reasonable and convincing assurances that compliance with the
board's regulations will be achieved.
NOTE: Authority cited: Section 8571, Water Code. Reference: Section 65943,
Government Code; Sections 21002 and 21081, Public Resources Code; Sections
8608, 8710 and 8723, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§16. Permit Conditions.
(a) Any board permit may include and be subject to such reasonable
conditions as deemed appropriate by the board, and may include mitiga-
tion for effects of the approved activity on the environment.
(b) The permit may require inspection by the board, its officers, or staff
before, during, and after construction, and at regular intervals thereafter.
The board may charge and collect a reasonable fee from an applicant to
recover inspection costs, including staff or consultant time and expenses.
(c) The permit may require a reporting and monitoring program for
any mitigation required by the board to avoid significant effects on the
environment.
(d) The permit may require the filing with the board of reports and data,
including a description of all work done under the approved apphcation.
The board may also request in writing at any time any reports or data,
even if not expressly stated in a condition to the decision.
(e) The permit shall require that all of the work must be in accordance
with the submitted drawings and specifications and accomplished in a
professional manner.
( The permit may require the owner of an encroachment, or the owner
of real property upon which the encroachment is located, to execute and
cause to be recorded a document which imposes a covenant, restriction,
servitude, or combination thereof, which runs with the land and binds all
owners, heirs, successors, lessees, agents, and assigns, and would be en-
forceable by the board or its successor. This requirement may be im-
posed where there are particular concerns about permit compliance, such
as where there may have been previous permit violations by the applicant
or where record notice to successors-in-interest to the applicant or land-
owner is deemed appropriate.
(g) The permit may require the applicant to provide notice of the con-
tinuing flood threat to occupants and potential occupants of property sub-
ject to flood risk.
(h) The permit may require additional conditions requested by the
Corps and the local maintaining agency.
(i) The permit shall require exercise of reasonable care to operate and
maintain any work authorized by the permit to prevent injury or damage
to any works necessary to any adopted plan of flood control, or interfer-
ence with the successful execution, functioning, or operation of any pres-
ent adopted plan of flood control or future plan. The permittee shall
maintain the permitted encroachment and the project works within the
utilized area in the manner required by the authorized representative of
the department or any other agency responsible for flood control mainte-
nance.
(j) The permit may require the permittee to be responsible for all per-
sonal liability and property damage which may arise out of permittee's
actions or failure to perform the obligations of the permit. The permittee
shall agree to save and hold the state free and harmless from, and to de-
fend and indemnify the state against, any and all claims and liability, in-
cluding but not hmited to, personal injury or property damage arising or
claimed to arise, directly or indirecUy, from the uses of land pursuant to
the permit. The permittee shall agree to release the state from responsi-
bility or liability for any damages that may be caused to the encroachment
by operation of the flood control project or from the releases of water
from storage reservoirs. The permittee shall also agree to be precluded
from receiving state disaster assistance for flood damage to the permitted
works, except as provided by a flood insurance policy.
(k) The permit may require that if the work covered by the permit is
not commenced within one year after the issuance of the permit, the board
may revoke the permit or change any condition in the permit as may be
consistent with current flood control standards and policies of the board.
(0 The permit may provide that commencement of work under a per-
mit constitutes an acceptance of the conditions of the permit.
(m) If any of the work does not conform to the conditions of the permit,
the permittee, upon the order of the General Manager or Chief Engineer,
shall, in the manner prescribed, be responsible for the cost and expense
to remove, alter, relocate, or reconstruct all or any part of the work.
(n) The permit may require the permittee, at permittee's cost and ex-
pense, to remove, alter, relocate, or reconstruct all or any part of the per-
mitted work if the removal, alteration, relocation, or reconstruction is
necessary under or in conjunction with any present or future flood control
plan or if damaged by any cause.
(o) The permit may require the permittee to mitigate for the hydraulic
impacts of the permitted works by reducing or eliminating the additional
flood risk to third parties created by the permitted works.
(p) Liability insurance may be required to be provided naming the
State and the local maintaining agency performing flood control mainte-
nance as additional insureds.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 21002,
2 1 08 1 and 2 1 08 1 .6, Public Resources Code; Sections 8608 and 87 1 0, Water Code ;
Title 33, Code of Federal Regulations, Section 208.10.
History
1 . Repealer of article 3 heading, renumbering and amendment of old section 16 to
new section 8, and new section 16, including renumbering of old section 22 to
new section 16(d) filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For
prior history, see Register 69, No. 25.
§17. Emergencies.
(a) Any existing levee, conforming existing encroachment, or per-
mitted encroachment may be protected or strengthened in case of emer-
gency during flood season, as specified in section 1 1 2, where there is im-
minent danger of injury to persons, loss of life, or destruction of property.
(b) Any person conducting emergency work shall immediately notify
the local maintaining agency and the board through the General Manager
or Chief Engineer.
(c) For the purpose of this section, the term "emergency" includes any
lawfully declared emergency, or any circumstance determined to be an
emergency by the General Manager or Chief Engineer.
(d) In an emergency, the General Manager may issue a temporary per-
mit. A completed application with proper plans, cross sections, com-
pleted environmental assessment questionnaire, and any other necessary
Page 4.1
Register 96, No. 40; 10-4-96
§18
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
information required by section 8 of this article must be submitted to the
board within thirty (30) days following the date of the commencement
of emergency work.
(e) All emergency work is subject to subsequent approval of the board,
and the board may require its removal or alteration if not approved.
(f) The board or the General Manager may impose reasonable condi-
tions, pursuant to section 16, on its approval of any emergency work.
NOTE: Authority cited: Section 8571. Water Code. Reference: Sections 8713,
8716, 8717 and 8718, Water Code.
History
1. Renumbering and amendment of old section 17 to new section 19 and new sec-
tion filed 9-30-96: operati ve 1 0-30-96 (Register 96, No. 40). For prior history,
see Register 69, No. 25.
§18. Revisions in Plans.
(a) Any plan of work approved by the board may be changed or altered
only with the consent of the board prior to the time of commencement or
during progress of the work. A request for an amendment to a plan of
work must be in the same form as an original application or in a form ac-
ceptable to the Chief Engineer.
(b) Minor, insubstantial changes may be made in plans without the
submission of a written request for an amendment; however, the permit-
tee shall first notify the Chief Engineer of any change before commenc-
ing work on any changed work. A minor, insubstantial change must be
one that is essentially consistent with the application or permit, consistent
with board standards, and does not pose a threat to the adopted plan of
flood control. The board reserves the right to require the applicant to file
a written request for an amendment.
Note; Authority cited: Section 8571, Water Code. Reference: Section 8721, Wa-
ter Code.
History
1 . Renumbering and amendment of old section 1 8 to new section 7(a) and new sec-
tion filed 9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history,
see Register 69, No. 25.
§19. District Lands.
No encroachment may be constructed or maintained upon lands
owned in fee by the Sacramento and San Joaquin Drainage District, ex-
cept when expressly permitted by a proper and revocable license, lease,
easement, or agreement executed between the owner of the encroach-
ment and the district, and upon payment to the district of its expenses and
adequate rental or compensation therefor. This requirement is in addition
to the need for a permit as required in section 6 of this article.
NOTE: Authority cited: Section 8608, Water Code. Reference: Sections 8504,
8598. 8708 and 8709, Water Code.
History
1 . Renumbering of old section 1 7 to new section 1 9 and new section filed 9-30-96 ;
operative 10-30-96 (Register 96, No. 40). For prior history, see Register 85,
No. 26.
Article 4. Enforcement Proceedings
§ 20. Initiation.
(a) The General Manager may institute an enforcement proceeding by
serving a notice by certified mail, return receipt requested, to the land-
owner or person (referred to hereafter as the "respondent") owning, un-
dertaking or maintaining a work that is in violation of this division or
threatens the successful execution, functioning or operation of an
adopted plan of flood control. The notice must state the acts or omissions
which the General Manager believes to be in violation of this division or
threatens the successful execution, functioning or operation of an
adopted plan of flood control. The notice must specify the statutes or reg-
ulations which the respondent is alleged to have violated. This notice
must be accompanied by an order requiring the respondent to respond to
the notice within thirty (30) days of the receipt of the notice. The notice
and the order must state that the board may seek judicial enforcement
should the respondent fail to respond to the notice in a timely manner and
that the board may abate violations or threats to the adopted plan of flood
control through actions identified in section 22(b).
(b) Other interested parties may become parties to an enforcement pro-
ceeding by filing a notice to that effect with the board. The board shall
mail a copy of that notice to the respondent within ten ( 1 0) days of receipt.
(c) Notwithstanding subdivision (a), if there is work that has not been
approved by the board, the General Manager or the Chief Engineer may
issue an order for compliance with this division, including an order to
stop work.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8596,
8608. 8710 and 8719, Water Code.
History
1. New article 4 (sections 20 through 22) and section filed 9-30-96: operative
10-30-96 (Register 96, No. 40). For prior history, see Register 85, No. 26.
§21. Hearing.
(a) The respondent shall have the opportunity for a hearing, which
must be requested in the respondent's timely response to the notice of en-
forcement proceeding. Failure to file such response within thirty (30)
days of receipt of the notice constitutes a waiver of respondent's right to
a hearing.
(b) The respondent and other parties may request that the board pro-
vide a copy of any document, not exempt from disclosure under the Pub-
Uc Records Act, beginning at Government Code section 6521, that is
relevant to the enforcement proceedings. The board may charge a rea-
sonable fee for each copy.
(c) The board may hold the hearing or a partial hearing before a com-
mittee of one or more members of the board, or before the General Man-
ager or Chief Engineer, at any place within the state. All hearings must
be open to the public. The board President shall designate the hearing
officer.
(d) Written notice of the hearing shall be mailed to the respondent and
each other party at least ten (10) days prior to the date of the hearing.
(e) Respondents and other parties shall be mailed a copy of any staff
report or recommendations on the enforcement proceedings at least ten
(10) days prior to the hearing.
(f) The hearing officer shall take and make a record of the evidence.
The hearing officer shall prepare a proposed decision based upon the re-
cord. At a minimum, record must include the following: (1) the notice
of enforcement proceeding and all supplementary material; (2) any staff
report or analysis; (3) comments or documents submitted by the respon-
dent, protestants, any pubhc agency, or other third person; and (4) the
transcript of the hearing.
NOTE: Authority cited: Section 8571, Water Code. Reference: sections 8596,
8608, 8710, 8719, 8730, 8730.2, 8730.3, 8731, 8732, 8732.5 and 8733, Water
Code.
History
1 . New section filed 9-30-96; operadve 10-30-96 (Register 96, No. 40). For prior
history, see Register 69, No. 25.
§ 22. Board Decision.
(a) The hearing officer shall prepare the proposed decision within
thirty (30) days after the conclusion of the enforcement hearing. The
board shall adopt its final decision at the next regulariy scheduled board
meeting after issuance of the proposed decision.
(b) The board decision shall by order specify what action must be tak-
en by the respondent, at respondent's cost, and the time within which
such action must be taken. The required action may include, but is not
limited to the following:
(1) Removal of the work;
(2) Alteration of the work;
(3) Performance of additional work;
(4) Implementation of specified mitigation for effects on the environ-
ment;
(5) Compliance with additional reasonable conditions;
(6) Filing an application for a permit pursuant to this division;
(7) Revocation of the permit.
Page 4.2
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§106
•
The board decision may also give notice that if the respondent does not
comply with the decision within a reasonable time, the board may take
actions to abate violations or threats to the adopted plan of flood control,
such as physical removal, and recover its costs from the respondent.
(c) The conditions imposed pursuant to subdivision (b) may require
the respondent to permit inspection by the board, its officers, staff, or au-
thorized representatives of the department during and after construction.
(d) The conditions may require the respondent to file with the board
reports and data, including a description of all work done under the ap-
proved application. The board may also request in writing at any time
any reports or data, even if not expressly stated in a condition to the deci-
sion.
NOTE; Authorit V cited: Section 857 1 . Water Code. Reference: Sections 2 1 002 and
21081, Public Resources Code; Sections 8608 and 8710. Water Code.
History
1. Renumbering of old section 22 to new section 16(d) and new section filed
9-30-96; operative 10-30-96 (Register 96, No. 40).
Article 4.1. Reconsideration
§ 23. Reconsideration.
(a) No later than thirty (30) days after adoption by the board of a deci-
sion or order, any interested person affected by the decision or order may
petition the board for reconsideration of the matter for any of the follow-
ing causes:
( 1 ) Irregularity in the proceeding, or any ruling, or abuse of discretion
which prevented a fair hearing;
(2) The decision or order is not supported by substantial evidence;
(3) There is relevant evidence, which could not have reasonably been
produced previously;
(4) Error in law;
(5) The application or matter, upon a vote of the Board, failed to be ap-
proved, and;
(A) There were one or more members of the board absent from the pro-
ceedings at the time the application or matter was considered and voted
upon, except that absences due to abstention shall not be counted; and
(B) The number of votes by which the application or matter failed to
be approved is equal to or less than the number of board members that
were absent.
(b) The petition for reconsideration shall be in writing and contain the
following:
(1) Name and address of petitioner;
(2) The specific action of which petitioner requests reconsideration;
(3) The specific reason the action was inappropriate or improper;
(4) The specific action which the petitioner requests;
(5) A statement that copies of the petition and accompanying material
have been sent to all interested parties.
(c) The board may:
(1) Refuse to reconsider the decision or order if the petition fails to
raise substantial issues related to the criteria set forth in subdivision (a);
or
(2) After review of the record and the petition:
(A) Deny the petition upon finding that the decision or order was prop-
er;
(B) Set aside or modify the decision or order; or
(C) Take other appropriate action.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8598,
8608 and 8710, Water Code.
History
1. New article 4.1 (section 23) and section filed 9-30-96; operative 10-30-96
(Register 96, No. 40). For prior history, see Register 85, No. 26.
Article 5. Designated Floodways
§ 1 01 . Responsibility of the Board.
The board, after appropriate studies have been made, shall delineate
on an aerial mosaic or map, the proposed designated floodway and the
floodway encroachment lines. The board shall further determine allow-
able u.ses in the designated floodway pursuant to wSection 107.
NOTE: Authority cited: Section 8571. Water Code. Reference: Section 8609. Wa-
ter Code.
History
1. New article 5 (sections 101 through 107), renumbering of old section 55 to new
section 101, removal of articles 6 through 1 1 and removal of chapter 1.1, articles
1 through 3. Renumbering of old section 46 to new section 4, old section 56 to
new section 1 02, old section 65 to new section 1 03, old section 67 to new section
104, old section 68 to new section 105, old section 69 to new section 106. old
sections 75 and 76 to new section 1 07, old sections 85 and 86 to new section 1 08,
old section 95 to new section 6(c), old section 150 to new section 109. and old
section 152 to new section 110, filed 9-30-96; operative 10-30-96 (Register
96, No. 40).
§ 102. Considerations in Designating Floodways.
In proposing and revising designated floodways, the board must con-
sider all of the following:
(a) Existing and projected federal, state, and local flood control im-
provements and regulafions affecting the flood plain;
(b) The degree of danger from flooding to life, property, public health
and welfare; and
(c) The rate and type of development taking place upon the flood plain.
NOTE; Authority cited: Section 857 1 , Water Code. Reference: Section 8609, Wa-
ter Code.
History
1. Renumbering and amendment of old section 56 to new section 102 filed
9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 103. Notices and Hearings.
The board shall nofify local interested parries, thirty (30) days prior to
any hearing or hearings on designated floodways and floodway en-
croachment lines, by notice published ut least twice in a newspaper of
general circulation in the affected area. Hearings must be held in areas
convenient to the majority of interested parties. The board shall hold one
hearing prior to initiation of the study and at least one hearing after the
study has been completed but prior to adoption.
NOTE: Authority cited: Section 857 1 , Water Code. Reference: Section 8609, Wa-
ter Code.
History
1. Renumbering and amendment of old section 65 to new section 103 filed
9-30-96; operative 10-30-96 (Register 96, No. 40).
§104. Recording.
After a designated floodway and the floodway encroachment lines are
adopted by the board, an aerial mosaic or map showing the designated
floodway and the floodway encroachment lines shall be transmitted to
the appropriate county or counties for recording.
NOTE: Authority cited: Section 8571, Water Code. Reference: Section 8609, Wa-
ter Code.
History
1. Renumbering and amendment of old section 67 to new section 104 filed
9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 1 05. Availability of Maps.
The board shall furnish a copy of the map or maps showing the limits
of the designated floodway to the county engineer, the county plaiming
department, and other interested parties.
NOTE; Authority cited: Section 8571 , Water Code. Reference: Section 8609, Wa-
ter Code.
History
1 . Renumbering and amendment of old section 68 to new section 1 05 filed
9-30-96; operan ve 1 0-30-96 (Register 96. No. 40). For prior history, see Reg-
ister 72, No. 14.
§106. Floodway Modifications.
If, after the adoption of the designated floodway and floodway en-
croachment lines, the board determines that conditions have changed suf-
ficientiy to necessitate altering the lines, the board may, at any regulariy
noticed meeting, make modifications to the designated floodway as it
deems to be appropriate.
NOTE; Authority cited: Section 8571, Water Code. Reference: Section 8609, Wa-
ter Code.
Page 4.3
Register 97, No. 50; 12- 12-97
§107
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1. Renumbering and amendment of old section 69 to new section 106 filed
9-30-96; operative 1 0-30-96 (Register 96, No. 40). For prior history, see Reg-
ister 72, No. 14.
§ 107. Permitted Uses in Designated Floodways.
The following uses may be permitted in the designated flood way so
long as alone or cumulatively, in the Judgment of the board, they will not
unduly impede the free flow of water in the floodway or jeopardize public
safety:
(a) Open space uses not requiring a closed building, such as agricultur-
al croplands, orchards, livestock feeding and grazing, or public and pri-
vate recreation areas.
(b) Fences, fills, walls, or other appurtenances which do not create an
obstaiction or debris-catching obstacle to the passage of floodwaters.
(c) Storage yards for equipment and material, if the equipment and ma-
terial can be either securely anchored or removed upon notice.
(d) Railroads, streets, bridges, and public utility wires and pipelines for
transmission and local distribution.
(e) Commercial excavation of materials from pits, strips, or pools pro-
vided that no stockpiling of materials, products, or overburden creates an
obstruction to the passage of flood flows.
(f) Improvements in stream channel alignment, cross-section, and ca-
pacity.
(g) Staictures that are designed to have a minimum effect upon the
flow of water and are firmly anchored to prevent the structure from flota-
tion, provided that normally no structures for human habitation will be
permitted.
(h) Recreational vehicles and related service facilities that are either
floodproofed or are removed during the flood season of the particular
stream involved.
(i) Other uses which are not appreciably damaged by floodwaters.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and
8710, Water Code.
History
1 . Renumbering and amendment of old sections 75 and 76 to new section 107 filed
9-30-96; operative 10-30-96 (Register 96, No. 40). For prior history, see Reg-
ister 72, No. 14 and Register 73, No. 34.
Article 6. Existing Encroachments Within
an Adopted Plan of Flood Control
§ 108. Existing Encroachments.
(a) Upon adoption of a plan of flood control, an existing facility or use
shall be allowed to continue as provided below:
( 1 ) A permit or order shall be automatically issued for all conforming
existing facilities and uses. The facility or use may not be changed, ex-
tended, or expanded without a new application to and approval by the
board. If the facility is abandoned, it shall be removed at the expense of
the owner and not replaced.
(2) Nonconforming existing encroachments that do not have a major
detrimental impact shall be allowed to continue under a permit or order
until abandoned or until they are destroyed or damaged, by any cause, to
the cumulative extent of more than fifty (50) percent of their market value
or their physical usefulness during any 10-year period. The facility or
use may not be changed, extended, or expanded without a new applica-
tion to and approval of the board. If the facility is abandoned, it shall be
removed at the expense of the owner and not replaced.
(3) Nonconforming existing encroachments that have a major detri-
mental impact shall be removed, abandoned, or suitably modified at no
cost to the owner, if they have been in existence prior to the adoption or
authorizafion of a project by the United States or prior to the adopfion or
authorizafion of a plan of flood control by the state.
(4) Nonconforming existing facilities or uses that have a major detri-
mental impact on the adopted plan of flood control and which were not
in existence at the lime of adoption of the plan of flood control shall be
removed, abandoned, or suitably modified as directed by the board, all
at the expense of the owner, and within a period of time specified by the
board.
(b) The board shall make the final determinafion as to whether the fa-
cility or use has or has not a major detriinental impact within the adopted
plan of flood control or on project facilities, and shall advise the owner
of the facility or use of any action required.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and
8710. Water Code.
History
1. New article 6 (section 108) and renumbering and amendment of old sections 85
and 86 to new section 108 and new section filed 9-30-96; operative 10-30-96
(Register 96, No. 40). For prior history, see Register 69, No. 25. For prior histo-
ry, see Register 72. No. 14.
Article 7. Review Rights
§ 109. Right of Review of Delegated Authority.
Any person or pubhc agency having an interest in a decision made by
the Director of the department or the General Manager of the board pur-
suant to any delegaUon by the board, including those delegations in Sec-
tion 5, Resolution No. 94-15 dated September 16, 1994 and any other
delegation of authority has the right to review by the board in accordance
with the requirements of secfion 12. Adversely affected persons have the
right to present arguments to the board in person or by a designated repre-
sentative at a regularly scheduled board meeting.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8609 and
8710, Water Code.
History
1 . New article 7 (sections 109 through 110) and renumbering and amendment of
old section 1 50 to new section 109 filed 9-30-96; operative 10-30-96 (Register
96, No. 40). For prior history, see Register 78, No. 3.
§ 1 1 0. Review Procedures.
A person or public agency adversely affected by a decision described
in section 109 is entitled to board review at a regularly scheduled meeting
of the board after receipt of a written request directed to the General Man-
ager of the board stating the facts and circumstances upon which the re-
quest is based, provided the request complies with the requirements of
section 12. If a petition for reconsideration is not submitted within the
time limits specified in section 23, the decision of the board is final.
Note: Authority cited: Secfion 8571, Water Code. Reference: Sections 8609 and
8710, Water Code.
History
1. Renumbering and amendment of old secfion 152 to new secfion 110 filed
9-30-96; operative 10-30-96 (Register 96, No. 40).
Article 8. Standards
§111. Introduction to Standards.
These standards govern the design and construction of encroachments
which affect the flood control works and floodways and are used by the
board for the regulation of encroachments. The standards apply to any
work within the limits of, or which can affect, any authorized flood con-
trol project or any adopted plan of flood control. These standards also
provide the public with information needed to prepare and submit en-
croachment applications to the board. Where any provision in this divi-
sion requires the application of judgment, such as where "practical,"
"feasible," or "reasonable," the burden of proof on such issues as imprac-
ticality, unfeasibility, or unreasonableness lies with the applicant or per-
mittee.
NOTE: Authority cited: Secfion 8571, Water Code. Reference: Secfions 8608,
8609 and 8710, Water Code.
History
1. New article 8 (secfions 111 through 137) and section filed 9-30-96; operative
10-30-96 (Register 96, No. 40).
Page 4.4
Register 97, No. 50; 12-12-97
Title 23
Reclamation Board
§112
§ 112. Streams Regulated and Nonpermissibie Work
Periods.
(a) Tlie board requires applications to be filed for all proposed en-
croachments within the floodways under its jurisdiction (identified in
Table 8.1) and on levees adjacent thereto, on any stream which may af-
fect those floodways.
(b) Banks, levees, and channels of floodways along any stream, its
tributaries, or distributaries may not be excavated, cut, filled, obstructed,
or left to remain excavated during the flood season.
(1) The flood seasons for the various floodways are shown in Table
8.1.
(2) The board, at the prior written request of the applicant, may allow
work to be done during flood season within the floodway, provided that,
in the judgment of the board, forecasts for weather and river conditions
are favorable.
(c) The following definitions apply to this section:
(1) Bank. "Bank" means the ground bordering a river, stream, lake,
or sea, or forming the edge of a cut or hollow.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1 . New section and table 8.1 filed 9-30-96; operative 1 0-30-96 (Reeister 96, No.
40).
•
Page 4.5
Register 96, No. 40; 10-4-96
§112
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Table 8.1 — Regulated Streams and Nonpermissible Work Periods
[ 1 ] Flood season November
[2] Flood season November
through July 15
through April 1 5
Stream Title
County-Limits
Flood Season
Aha Main Canal
Fresno
1
American River
Sacramento — to Nimbus Dam
2
AnteloDC Creek
Placer — to settlement ponds
2
Antelope Creek
Tehama
2
Angel Slough
Butte
2
Arcade Creek
Sacramento — to Roseville Road
2
Ash Creek
Modoc
2
Ash Slough
Madera
2
Atherton Cove
San Joaquin — northeast bank only
2
Auburn Ravine
Sutter and Placer
2
Beacon Creek
Sacramento — Morrison Creek to Franklin Boulevard
2
Battle Creek
Tehama
2
Bear Creek
Merced
2
Bear Creek
San Joaquin
2
Bear Creek
Shasta
2
Bear River
Sutter, Placer & Yuba
2
Berenda Slough
Madera — Avenue 21-1/2 to Ash Slough
2
Best Slough
Yuba
2
Big Chico Creek
Butte
2
Black Rascal Creek
Merced
2
Butte Basin
Butte, Glenn, and Colusa
2
Rntte Creek
Rntte and Glenn — to Skyway Bridge
1
Butte Creek Diversion Canal
Sutter
2
Butte Slough
Sutter
2
Byrd Slough
Fresno
1
Cache Creek
Yolo — to 1/2 mile west of 1-5
2
Cache Slough
Solano
2
Calaveras Kiver
Jian Joaquin — to iNew Hogan Dam
Cameron Slough
Fresno
1
Canal Creek
Merced
2
Cherokee Creek
Butte
1
Chowchilla Canal Rvpass
Merced, Madera, and Mariposa
1
Chowchilla River
Merced and Madera — to Buchanan Dam
2
Churn Creek
Shasta — within Sacramento River floodwav
2
r\rhy PrppV
9
CI arks Fork
Kings
1
Clear Creek
Shasta — Sacramento River to Whiskevfown Dam
2
Clover Creek
Shasta — to 1 . 1 miles upstream from Millville
Plains Road
2
Clover Creek
Lake
2
Cole Slough
Fresno
1
Colusa Bypass
Colusa
2
Colusa Basin Drain and Canal
Glenn, Colusa, and Yolo
2
Colusa Troush
Colusa
2
Coon Creek
Placer and Sutter
2
Consumnes River
Sacramento
2
Cottonwood Creek
Shasta and Tehama — divides counties
— to Dutch Gulch Dam
2
Cottonwood Creek South Fork
Tehama
2
Page 4.6
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§112
Table 8.1 — Regulated Streams and Nonpermissible Work Periods
(Continued)
Stream Title
County-Limits
Flood Season
Cottonwood Creek
Tulare — St. Johns River to Grapevine Creek
2
Cow Creek
Shasta — to 0.6 miles upstream of Millville Plains Road
2
Cresp.nt Rvpass
Kincs and Fresno — North Fork Kinss River
1
Cross Creek
Kings and Tulare — Nevada Avenue to St. Johns River
1
Davis Drain
Yolo
2
Dead Horse Slough
Butte
2
Deer Creek
Sacramento
2
Deer Creek
Tehama
2
Dog Creek
Fresno
2
Dry Creek
Butte
2
Dry Creek
Fresno
2
Dry Creek
Sacramento and Placer — to Antelope Creek
2
Dry Creek
Shasta — to .02 miles upstream from Millville
Plains Road
2
Dry Creek
Stanislaus — Tuolimne River to AT&SF RR
2
Dry Creek
Sytter
2
Dry Creek
Tehama
2
Dry Creek
Tulare
2
Dry Creek
Yuba
2
Duck Creek
San Joaquin
2
Duck Creek, South Branch
San Joaquin
2
Duck Slough
Merced
2
Duck Slough
Yolo
2
Dutch John Cut Slough
Kings
1
Dye Creek
Tehama
2
East Sand Slough
Tehama — within Sacramento R. floodway
2
Eastside Bypass
Merced and Madera
1
Edendale Creek
Merced
2
Elder Creek
Tehama — to Ralston Road Bridge
2
Elk Bayou
Tulare
1
Elk Slough
Yolo
2
Fahrens Creek
Merced
2
Featht-r River
Rntte and Yiiha
7
Feather River, North Fork
Plumas
2
Five Mile Slouph
Fresno
1
Fourteenmile Slough
San Joaquin
2
French Camp Slough
San Joaquin
2
Fresno River
Madera to Hidden Dam
Fresno River, South Fork
Madera
2
Fresno Slough
Kings and Fresno
1
Georgiana Slough
Sacramento
2
Globe Slough
Fresno
1
Gold Run Creek
Rntte
9
Haas Slough
Solano
2
Hastings Cut
Solano
Honcut Creek
Butte and Yuba — to 1/2 mile west of S.P.R.R.
2
Hughes Creek
Kings
2
Hutchinson Creek
Sntter
2
Ida Island
Sacramento
2
Inside Creek
Tulare
1
James Bypass
Kings and Fresno
1
Jack Slough
Yuba
2
Page 4.7
Register 96, No. 40; 10-4-96
§112
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Table 8.1 — Regulated Streams and Nonpermissible Work Periods
(Continued)
Stream Title
Counts'-Limits
Flood Season
Kaweah River
Tulare
Knwpah Rivpr North Fork
Tiilnre
Kaweah River. Middle Fork
Tulare
Kaweah River, South Fork
Tulare
Kern River. South Fork
Kern and Tulare
Kern River
Kern. Kings and Tulare
Kern River Rvpass Channel
Kern and Kings
Kings River
Kings, Tulare and Fresno — to Pine Flat Reservoir
Kin as River, North Fork
Tnlare
Kings River, South Fork
Tulare
Knights Landing Ridge Cut
Yolo
2
Laird Slough
Stanislaus
1
Laguna Creek
Sacramento — Morrison Creek to Franklin Boulevard
2
Laurel Creek
Solano
2
Ledgewood Creek
Solano
2
Linda Creek
Sacramento and Placer
2
Lindo Channel
Butte
2
Lindsev Slough
Solano
2
Little Chico Creek
Butte
2
Little Chico Diversion Canal
Butte
2
Little Cow Creek
Shasta
2
Littlejohns Creek
San Joaquin
2
Lone Tree Creek
San Joaquin
2
Lower San Joaquin River Flood
Control Project
Magpie Creek
Fresno, Madera, and Merced
Sacramento — up to Raley Boulevard
1
2
Main Drain Canal
Kern
1
Mariposa Bypass
Merced
1
Mariposa Creek
Merced
2
Markham Creek
Sutter
1
Mayberry Slough
Sacramento
2
McClure Creek
Tehama
2
McCoy Creek
Solano
2
Merced River
Merced
1
Middle Creek
Lake
2
Miles Creek
Merced
Mill Creek
Fresno
2
Mill Creek
Tehama
2
Mill Creek
Tulare
1
Miners Ravine
Placer — to Interstate 80 Highway
2
Miner Slough
Solano
2
Mokelumne River
Sacramento, San Joaquin — to Camanche Reservoir
2
Moody Slough
Solano
1
Mormon Slough
San Joaquin
2
Morrison Creek
Sacramento to Bradshaw Road
2
Mosher Slough/Creek
San Joaquin — to Eightmile Road
2
Moulton Rvpass and Weir
Colusa
2
Mud Creek
Butte
2
Mud Slough Creek
Butte
2
Murphy Slough
Butte
2
Natomas Cross Canal
Sutter
2
Natomas East Main Drainage Canal
Sutter and Sacramento
2
Page 4.8
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§112
Table 8.1 — Regulated Streams and Nonpermissible Work Periods
(Continued)
Stream Title
County-Limits
Flood Season
Oak Run Creek
Shasta — to 0.6 miles upstream from Millville
Plains Road
2
Old River
San Joaquin to Paradise Cut
1
Outside Creek
Tulare
1
Owens Creek
Merced
2
Paddy Creek
San Joaquin — to Tully Road
2
Paradise Cut
San Joaquin
1
Paynes Creek
Tehama
2
Pixlev Sloueh
San Joaquin — Eiehtmile Road to Bear Creek
2
Pleasant Grove Creek Canal
Sutter and Placer — to Union Pacific R.R.
2
Porter Sloush
Tulare — Road 192 to Tule River
1
Putah Creek
Yolo, Solano — to Monticello Dam
2
Putah Creek. South Fork
Solano
Red Bank Creek
Tehama
2
Reeds Creek
Sutter
2
Sacramento Bypass
Yolo
2
Sacramento Deep Water Channel
Solano and Yolo
2
Sacramento River
Kenwick Dam — to west end of Sherman Island
2
Salt Creek
Shasta
2
Sand Creek
Tulare and Fresno
2
Sandv Gi^lch
Butte
2
San Joaquin River
Friant Dam to West End of Sherman Island
1
Srorts Creek
T ake
2
Secret Ravine
Placer
2
Shac Sloiicrh
Solano and Yolo
2.
Smith Canal
San Joaquin — north levee only
2
Spvenmile Sloiioh
Sarramento
?
Simmerly Slough
Yuba
2
St. Johns River
Tulare
1
Stanislaus River
San Joaquin and Stanislaus — only where levees
arp afffirtp.H
1
State Main Drain
Sutter
2
Sltt^amhnnf ^Jlrrnoh
<saprampntn anri Ynln
Stockton Diverting Canal
San Joaquin
2
Stony Creek
Tehama and Glenn
2
Sutter Bvpass
Sutter
2
Sutter Slough
Sacramento
2
Sycamore Creek
Butte
2
Sycamore Slough
Yolo
2
Sycamore Slough
Colusa
2
Thomes Creek
Tehama — within the Sacramento River floodway
2
Threemile Sloush
Sacramento
2
Tisdale Bypass
Sutter
2
Tom Paine Slough
San Joaquin — Old River to W.P.R.R.
2
Tule River
Tulare — Road 224 to Success Dam
Tule River. North Fork
Tulare — confluence at Hickman Creek
Tule River, Middle Fork
Tulare — confluence at Long Canyon
Tule River. South Fork
Tulare — confluence at Long Branch
Tuolumne River
Stanislaus and San Joaquin — to La Grange Dam
Ulatis Creek
Solano — to Cache Slough
2
Wadsworth Canal
Sutter
2
Page 4.9
Register 96, No. 40; 10-4-96
§113
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Table 8.1 — Regulated Streams and Nonpermissible Work Periods
(Continued)
Stream Title
County-Limits
Flood Season
Wadsworth Interceptine Canal. East
Sutter — to Township Road south bank onlv
2
Wadsworth Intercepting Canal. West
Sutter — south bank only
2
Walker Slough
San Joaquin
2
Walthall Slough
San Joaquin
2
Western Pacific Interceptor Channel
Yuba
2
West Side Canal
Kern
1
Willow Creek
Glenn and Colusa
2
Willow Slough and Bypass
Yolo — toSPRR
2
Wright Cut
Solano — to confluence Cache and Shag Slough
2
Yankee Slough
Sutter and Placer
2
Yokohl Creek
Tulare
2
Yolo Bypass
Solano and Yolo
1
Yuba River
Yuba — to Daguerre Point Dam/Highway 70
1
§ 113. Dwelling and Structures Within an Adopted Plan of
Flood Control.
(a) The following definitions apply to this section:
( 1 ) Existing Dwelling — "Existing Dwelling" means a building used
for human habitation constructed within a floodway prior to the adoption
of the floodway as an authorized flood control project, as a plan of flood
control, or as a designated floodway, or as otherwise permitted by the
board.
(2) Existing Mobile Home — "Existing Mobile Home" means a mo-
bile home that was positioned within a floodway prior to the adoption of
the floodway as an authorized flood control project, as a plan of flood
control, or as a designated floodway, or as otherwise permitted by the
board.
(3) Existing Structure — "Existing Structure" means a building used
for any purpose other than for human habitation constructed within a
floodway prior to the adoption of the floodway as an authorized flood
control project, as a plan of flood control, or as a designated floodway,
or as otherwise permitted by the board.
(4) Human Habitation — "Human Habitation" means an improvement
of real property used, or intended to be used, for residential purposes, in-
cluding but not limited to living, sleeping, cooking, or eating.
(5) Seasonal Occupancy — "Seasonal Occupancy" means to occupy
or reside in a dwelling only during the nonflood season.
(6) Residential Development — "Residential Development" means
any development or subdivision where a subdivision map is required.
(b) Dwellings and structures within an adopted plan of flood control
must comply with the following requirements:
(1) New dwellings, with the exception of dwellings for seasonal occu-
pancy (nonflood season), are not permitted except as provided in subdi-
visions (d) and (e) of this section.
(2) New dwellings for seasonal occupancy and existing dwellings and
structures constructed prior to adoption of the plan of flood control are
permitted within the floodway under the following conditions:
(A) The dwelling or structure is not abandoned and is maintained in
a condition suitable for the approved use;
(B) The dwelling or structure does not impede floodflows;
(C) The dwelling or structure is property anchored to prevent flotation
during periods of high water;
(D) The finished floor level of new dwellings for seasonal occupancy
must be a minimum of two (2) feet above the design flood plane or two
(2) feet above the 100-year flood elevation, whichever is higher; and
(E) New dwellings for seasonal occupancy may not be constructed on
a levee section or within ten (10) feet of a levee toe.
(3) Any exterior remodeling, modifications, additions, or repairs to the
dweUing, or structure, or property which modifies the footprint or con-
sists of replacement of over fifty (50) percent of the structure must have
prior approval by the board and meet the following conditions:
(A) Any remodeUng, modifications, additions, or repairs may not
place the dwelling or structure closer to the low water channel of the
floodway; and
(B) The finished floor of any remodeling, modification, addition, or
repair to the dwelling or structure must be a minimum of two (2) feet
above the design flood plane or two (2) feet above the 100-year flood ele-
vation, whichever is higher.
(4) If a dwelling or structure is damaged, due to any cause, to a cumula-
tive extent of more than fifty (50) percent of its market value within a ten-
year period, the dwelling or structure may not be reconstructed or re-
placed without the approval of the board;
(5) If a damaged dwelling or structure is not repaired or replaced, the
entire dwelling or structure, including all stored materials, equipment,
and debris, must be completely removed within a reasonable period of
time, as determined by the board, and the area restored so that there is no
interference with the adopted plan of flood control.
(6) Structures may be constructed within an adopted plan of flood con-
trol provided they conform to the following:
(A) Structures may not be constructed on a levee section or within ten
(10) feet of a levee toe;
(B) Structures must be securely anchored and floodproofed to at least
two (2) feet above the 100-year flood elevation or two (2) feet above the
design flood plane, whichever is higher. The floodproofing must be con-
sistent with the potential uses of the structure;
(C) Structures must be located and oriented to have minimal impact on
floodflows; and
(D) The number of structures permitted is limited to the minimum rea-
sonably necessary to accomplish an appropriate land use activity.
(c) Mobile homes within an adopted plan of flood control must comply
with the following requirements:
(1) New mobile homes are not permitted unless the mobile homes are
located within an existing mobile home park or as provided in subdivi-
sions (d) and (e) of this section;
(2) Existing mobile homes, not located within a mobile home park,
may remain and the requirements are the same as those for existing
dwellings; and
(3) Owners of existing mobile homes which are not located within a
mobile home park and which are not anchored in place must have an
evacuation plan on record with the board; and
(4) If flood damage occurs to the mobile home due to failure of the
evacuation plan or its execution, the mobile home may not remain or be
replaced within the adopted plan of flood control without the approval of
the board.
•
Page 4.10
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§114
(d) Dwellings, stnictures, and mobile homes are permitted within shal-
low Hooding areas designated as a "zone B" as shown on some desig-
nated floodway maps adopted by the board. The board's zone B designa-
tion is not to be confused with the Federal Emergency Management
Agency's B-zone which relates to a different floodplain identification.
In addition to the other standards in this section, the following conditions
apply to dwellings, stnictures, and mobile homes within a designated
zone B:
( 1 ) The dwelling, structure, or mobile home is not permitted on a levee
section or within ten (10) feet of a levee toe;
(2) Dwellings, structures, and mobile homes are permitted to within
fourteen ( i 4) feet of the top of a streambank provided the streambank is
revetted to board standards;
(3) Dwellings, structures and mobile homes are not permitted within
thirty (30) feet of an unrevetted streambank;
(4) The finished floor level of the dwellings and mobile homes must
be a minimum of two (2) feet above the design flood plane or two (2) feet
above the 100 year flood elevation, whichever is higher;
(5) Only the minimum floodway area necessary for the placement of
the dwelling, structure, or mobile home shall be used. Generally not
more than thirty (30) percent of the flood plain area may be used. Desig-
nated floodway maps, however, may be more restrictive;
(6) Sufficient area of the floodway must remain clear of the dwelling,
mobile home, or structure to preserve the historical orientation of the
floodway and to prevent an increase in streamflow stages and velocities.
(7) If a dwelling, stmcture, or mobile home is damaged due to any
cause, cumulatively to the extent of more than fifty (50) percent of its
market value, the dwelling, structure, or mobile home may not be recon-
structed or replaced without the approval of the board.
(8) Except for approved mining activities, excavating or grading that
would increase the depth of flooding within a zone B and which might
interfere with the safe evacuation of the area during flooding is not per-
mitted.
(9) New residential developments may be subject to a higher standard
than the 100-year event up to and including the Standard Project Flood,
(e.g., floor elevations required to be above the Standard Project Flood)
or an equivalent rare flood.
(e) New dwellings, structures and mobile homes along an unleveed
stream shall comply with the following requirements:
(1) Dwellings, structures, and mobile homes are permitted to within
fourteen (14) feet of the top of the streambank provided the streambank
is revetted.
(2) Dwellings, structures and mobile homes are not permitted within
(30) feet of an unrevetted streambank.
(f) Upon abandonment of the permitted dwelling or structure, the
property owner shall be responsible for removal of the dwelling or struc-
ture and all appurtenant structures, vehicles, equipment, stockpiles of
materials, and debris within a reasonable time.
Note.- Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 114. Mobile Home Parks and Recreational Vehicle Parks.
(a) The following definitions apply to this section:
(1) Existing Mobile Home Park — "Existing Mobile Home Park"
means any area within a floodway on which two (2) or more mobile
homes have been maintained prior to the adoption of the area as an autho-
rized flood control project, as a plan of flood control, or as a designated
floodway.
(2) Recreational Vehicle Park — "Recreational Vehicle Park" means
any area within a floodway where two (2) or more recreational vehicles
are maintained.
(b) Mobile home parks are subject to the following requirements:
(1) New mobile home parks are not permitted within an adopted plan
of flood control except in floodway areas classified as zone B as de-
scribed in subdivision (c), section 1 13, Dwellings and Stnictures Within
an Adopted Plan of Flood Control.
(2) New mobile home parks are not permitted on a levee section or
within ten ( 1 0) feet of a levee toe.
(3) Existing mobile home parks located within an adopted plan of
flood control may remain if a permit from the board has been obtained,
a current implementable evacuation plan is on file with the board, and the
following criteria continue to be enforced:
(A) The locations of all structures, mobile homes, recreational ve-
hicles, and appurtenances are shown on the evacuation plan.
(B) The location of the river staff gauge and the gauge height that will
indicate an evacuation of a mobile home park are shown on the evacua-
tion plan.
(C) The number of tow vehicles and the usual location of each tow ve-
hicle to be used to evacuate a mobile home park are shown on the evacua-
tion plan.
(D) The locations of emergency storage areas outside the floodway for
the mobile homes, recreational vehicles, portable and floatable structures
are shown on the evacuation plan.
(E) The route to be used to evacuate mobile homes from a mobile home
park to the emergency storage area is shown on the evacuation plan.
(F) After the initiation of an evacuation, all mobile homes not an-
chored in place and all recreational vehicles, and portable and floatable
structures are removed from the floodway within the time period speci-
fied in the evacuafion plan.
(G) Existing multiple-wide mobile homes, unless specially designed
for quick removal, are anchored in place with concrete deadmen.
(H) New multiple-wide mobile homes, unless specially designed for
quick removal, are not permitted.
(I) A copy of the evacuation plan is provided to all residents of the mo-
bile home park.
(J) The park permittee or the manager has a duplicate of all keys neces-
sary to move a mobile home and a signed statement allowing the removal
of an absentee owner's mobile home during an emergency evacuation.
(K) The permittee of a mobile home park accepts sole responsibility
for initiating an evacuation of the park.
(L) Mobile homes not anchored in place, all portable structures, and
recreational vehicles have axles, wheels, and any required tow hitch in-
stalled, and are in a readily movable condition at all times.
(M) Any related structures, such as laundry rooms or storage build-
ings, are securely anchored to prevent flotation during high water and are
not utilized for human habitation.
(N) If significant flood damage occurs to any of the mobile homes or
other park structures due to failure of the evacuafion plan or its execution,
the park may not continue operating without approval of the board.
(c) Recreational vehicle parks are subject to the following require-
ments:
(1) New and existing recreational vehicle parks are allowed within an
adopted plan of flood control if a permit is obtained from the board, a cur-
rent implementable evacuation plan is on file with the board, and the fol-
lowing requirements are enforced:
(A) The locations of all recreational vehicle pads and appurtenances
are shown on the evacuation plan.
(B) All recreational vehicles have axles, wheels, and any required tow
hitch installed, and are in readily movable condition at all times.
(C) At the initiation of an evacuation, all recreational vehicles are re-
moved from the floodway within the time period specified in the evacua-
tion plan.
(D) At the initiation of the evacuation, all floatable and portable struc-
tures are removed from the floodway within the time period specified in
the evacuation plan.
(E) The locations of emergency storage areas outside the floodway for
recreational vehicles, and portable and floatable structures are shown on
the evacuation plan.
Page 4.11
Register 96, No. 40; 10-4-96
§115
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(F) The location of the river staff gauge and the gauge height that will
initiate an evacuation are shown on the evacuation plan.
(G) Permittees or managers of recreational vehicle parks accept sole
responsibility for initiating an evacuation.
(H) Any related stnictures, such as laundry rooms or storage buildings,
are securely anchored and are not utilized for human habitation.
(I) If significant flood damage occurs to any of the recreational ve-
hicles or other park structures due to the failure of the evacuation plan or
its execution, the park may not continue operating without the approval
of the board.
(d) The following restrictions apply to recreational vehicles within an
adopted plan of flood control that are not in a recreational vehicle park:
(1 ) The random use of recreational vehicles within an adopted plan of
flood control does not require a permit from the board. Recreational ve-
hicles are not permitted overnight within the floodway during the flood
season. However, recreational vehicles may be stored in those limited
areas where dwellings are permitted.
(2) It remains the sole responsibility of the property owner to ensure
that recreational vehicles do not remain within the floodway overnight
during the flood season.
NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 11 5. Dredged, Spoil, and Waste Material.
(a) Dredged, spoil, or waste materials, regardless of their composition,
may not be deposited on the levee crown, levee slopes, or within the lim-
its of a project floodway without specific prior approval of the board.
(b) Suitable dredged, spoil, or waste material may be deposited on or
against the landside levee slope if the board determines that it is not detri-
mental to the safety of the levee.
(c) Dredged materials must be drained of excess moisture before being
used as fill material.
(d) Dredged, spoil, or waste materials may not be deposited within the
limits of the stream channel, project floodway, or within a bypass area
without a determination by the board as to the effect of the deposition re-
garding ( 1 ) the flood-carrying capacity of the stream channel, floodway,
or bypass; (2) recreational and environmental factors; and (3) fish and
wildlife.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609, 8708, 8709 and 8710, Water Code.
History
I. New section filed 9-30-96; operadve 10-30-96 (Register 96. No. 40).
§ 116. Borrow and Excavation Activities — Land and
Channel.
(a) The removal of earthen material and related activities within the
limits of an adopted plan of flood control are subject to the provisions of
this division. The board may limit borrow and excavation activities based
on the area's hydraulics, hydrology, sediment transport, and history of
the borrow sites. The board may waive specific requirements for borrow
or excavation activities if the permittee provides detailed studies which
the board considers sufficient to justify the waiver.
Borrow and excavation activities maya be allowed if:
(1) The activity will not cause an unplanned change of the stream's lo-
cation;
(2) The sediment transport downstream will not change in a manner
that produces or tends to produce increased flood or erosion problems in
the area; and
(3) The activity is consistent with the overall flood control objectives
for the area.
(b) General requirements for all borrow permits include the following,
unless other specific provisions for a specific area or stream modify these
requirements:
( I ) Any levee crown or access ramp used to transport borrow material
must be maintained by the permittee in the same or better condition as
existed at the start of the borrow operation.
(A) A surveyed longitudinal profile of the existing levee crown road-
way and access ramps to be utilized for access to the borrow area must
be submitted to the board prior to any excavation.
(B) A surveyed longitudinal profile of the levee crown and access
ramps utilized for access to the borrow area must be submitted yearly as
well as upon abandonment of the borrow area.
(C) Upon order of the board, the permittee shall restore a damaged le-
vee and/or access ramp to the original profile.
(2) Land and channel borrow material of any type may not be stored
on a levee section or within ten (10) feet of either toe at any time.
(3) No land and channel borrow material may be stored in a manner
that could destabilize a riverbank, e.g., within thirty (30) feet of the top
of bank.
(4) Periodic topographic surveys of the active borrow area and vicinity
may be required.
(5) All boundaries of an active borrow area must be delineated by steel
posts or other permanent markers which are clearly visible.
(6) Stockpiles of materials or the storage of equipment, unless securely
anchored, downed trees or brush, and floatable material of any kind are
not allowed within a floodway during the flood season as defined in
Table 8.1.
(7) Excavation is not permitted within one hundred (100) feet of a le-
vee toe or property line within the floodway.
(8) Material may not be removed within fifty (50) feet of the toe of any
spur levee. A spur levee is a levee that protrudes into the floodway for the
purpose of directing the flow of floodwater.
(9) Channel or berm excavations are not permitted within a leveed
floodway where there is active erosion unless an engineering study dem-
onstrates that the borrow will not exacerbate the erosion.
( 1 0) The side slopes of the perimeter of a borrow area may not exceed
three (3) feet horizontal to one (1) foot vertical.
(II) The upstream and downstream ends of a borrow area connected
to the low-water channel shall be transitioned into the channel to prevent
an abrupt- change in streamflow velocity or cause an obstruction to the
flow.
(12) The bottom of a borrow area that is seasonally dry and located
within two hundred (200) feet of a levee toe shall be graded to be reason-
ably uniform with the gradient sloping towards the low-water channel.
(13) When the borrow area is to be connected to the low- water chan-
nel, excavation must start at the riverward edge of the borrow area and
progress uniformly landward.
(14) The bottom elevation of any berm excavation may not be lower
than the adjacent channel bottom without adequate setback from the
channel. Five hundred (500) feet is generally considered an adequate set-
back.
(15) Dredging of material from channel waterways generally must be
confined to the area beyond one hundred (100) feet of the toe of the bank.
The slope of the borrow perimeter nearest the toe of the bank may not ex-
ceed five (5) feet horizontal to one ( 1 ) foot vertical. Localized exceptions
may require bank protection.
(16) Before any borrow operation, including suction dredging, is per-
mitted within one ( 1 ) mile of a bridge, a study must be submitted to show
that the borrow operation will not adversely affect any of the bridge foot-
ings, piers, or bents.
(17) Before any borrow operation, including suction dredging, is per-
mitted within one thousand ( 1 ,000) feet of any pipeline or cable crossing
beneath the channel, or within one thousand ( 1 ,000) feet of a project con-
trol structure, e.g., a weir, a study must be submitted to show that the bor-
row operation will not adversely affect that facility. A study may be re-
quired for distances greater than one thousand ( 1 ,000) feet where deemed
appropriate by the board.
Page 4.12
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§117
( 1 8) Any proposed borrow operation within one mile of a state high-
way bridge must be approved by the California Department of Transpor-
tation.
( 19) A geotechnical investigation is required before initiating any bor-
row activity within a leveed floodway. The investigation must determine
if the proposed borrow activity would increase seepage beneath levees,
or expose soils susceptible to erosion.
(c) If periodic inspections reveal that a borrow operation will adverse-
ly affect the adopted plan of flood control, additional permit conditions
may be imposed, or the permit may be revoked.
(d) Excavations made within a floodway that are not an approved bor-
row or dredging activity must be backfilled in a manner consistent with
local conditions. This requirement is generally satisfied by using suitable
material and compacting to the density of the adjacent undisturbed mate-
rial. Compaction tests by a certified soils laboratory may be required.
These requirements may be waived for minor excavations that would
have no impact on the floodway.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 1 1 7. Supplemental Borrow Standards for the Yuba River.
Additional borrow standards have been estabhshed for the removal of
materia] from the floodway of the Yuba River. These additional stan-
dards supplement and. where in conflict with, supersede standards in sec-
tion 116, Borrow and Excavation Activities - Land and Channel.
(a) Material may not be removed within three hundred (300) feet of the
centerline of project and local levees of the Yuba River.
(b) Material may not be removed within three hundred (300) feet of the
perimeter of any bank or levee protection work.
(c) Between Daguerre Point Dam and Cenedella Bend (River Mile
4.1), material may not be removed within one thousand five hundred
( 1 .500) feet of the top of the banks of the Yuba River.
(d) The elevation of the bottom of the borrow area nearest the bank of
the river may be no lower than ten (10) feet above the normal low-water
elevation of the Yuba River (see Graph 8.1).
(e) Existing borrow pits or depressions between the levee and three
hundred (300) feet landward of the levee centerline and adjacent to a pro-
posed borrow area must be backfilled to within twenty (20) feet vertically
of the levee crown by the permittee of the proposed borrow area. The
backfill must be placed in the ratio of one ( 1 ) cubic yard placed in the low
areas to ten (10) cubic yards removed from the floodway.
(f) Material may not be removed from the area between nine hundred
(900) feet upstream of the Southern Pacific Railroad bridge and the con-
fluence of the Yuba and Feather Rivers.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section and graphic 8.1 filed 9-30-96; operative 10-30-96 (Register 96,
No. 40).
Page 4.13
Register 96, No. 40; 10-4-96
§117
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Graph ai
Page 4.14
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§120
§ 11 8. Supplemental Borrow Standards for the Lower San
Joaquin River Flood Control Project.
An additional borrow standard has been established for the removal of
material from the floodways of the Lower San Joaquin River Flood Con-
trol Project. The additional standard supplements and. where in conflict
with, supersedes standards in section 1 J 6. Borrow and Excavation Acti-
vities - Land and Channel. The supplemental standard requires that all
berm excavations must connect to the channel, and the bottom of berm
excavations must be sloped to drain away from the levee.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1 . New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 119. Dams and Related Structures.
(a) Dams and structures that act as dams constructed in the channels
of intermittent streams must meet the following criteria:
( 1 ) A study shall be submitted to the board confirming that the installa-
tion of a dam will not increase flooding outside of the floodway or in-
crease flood damages to third parties in the floodway.
(2) Erosion control may be required on the bank or levee slopes up-
stream and downstream of the proposed dam.
(3) Earthfill, including sand, and rockfill dams must be completely re-
moved from the floodway prior to the beginning of flood season each
year and may not be reinstalled prior to the end of flood season. (See
Table 8.1.)
(4) All stanchions must be removed or lowered, and all flashboards
and slide gates of a dam must be removed from the floodway prior to the
beginning of flood season each year and may not be reinstalled prior to
the end of flood season. (See Table 8. 1 .)
(5) The permittee must remove or lower all stanchions and must re-
move the flashboards and slide gates of a dam within twenty-four (24)
hours after receiving written notification from the board.
(6) The permittee must remove an earthfill or rockfill dam within nine-
ty-six (96) hours after receiving written notification from the board.
(7) Upon removal of an earthfill or rockfill dam, the material from the
dam may not be stockpiled on the levee section or within the floodway.
(8) The permittee must provide warning signs upstream and down-
stream of a rockfill dam to protect boaters.
(b) Crop checks, ditch banks, ditch pads, road fills, and secondary le-
vees installed within floodways and bypasses may not be reinforced or
revetted and must be limited to a height that will not impair the floodway
capacity. Crop checks, ditch banks and ditch pads are limited to a height
of three (3) feet above the adjacent natural ground.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§120. Levees.
(a) Levees constructed, reconstructed, raised, enlarged, or modified
within a floodway shall be designed and constructed in accordance with
the U.S. Army Corps of Engineers manual, "Design and Construction of
Levees'" (EM 1 1 1 0-2- 1913 dated March 31,1978. which is incorporated
by reference) and as supplemented with the following standards:
(1) Levee construction or reconstruction shall be designed by a civil
engineer.
(2) An engineering analysis that evaluates levee embankment and
foundation stability shall be submitted to the board with the permit appli-
cation. The analysis must verify that the levee is adequately designed and
will be constructed to remain stable under loading conditions for "Case
IV - Steady seepage from full flood stage" as defined in the Department
of the Army manual, "Design and Construction of Levees" (EM
1110-2-1913), pp.6-6, 6-7.
(3) A detailed settiement analysis, using procedures such as those de-
scribed in the Department of the Army manual, "Settiement Analysis"
(EM 1 1 10-1-1904, dated September 30, 1990, which is incorporated by
reference), must be submitted to the board.
(4) A copy of all geotechnical studies and tests used in the design deter-
mination of the levee shall be provided to the board when applying for
a permit.
(5) The applicant shall provide the board with a permanent easement
granting the Sacramento and San Joaquin Drainage District all flood con-
trol rights upon, over, and across the property to be occupied by the pro-
posed flood control works. The easement must include the area within the
proposed floodway, the levee section, and the area ten (10) feet in width
adjacent to the landward levee toe if the area is not presently encumbered
by a board easement.
(6) All drains and abandoned conduits shall be removed from the pro-
posed constaiction site prior to start of construction.
(7) Prior to construction or enlargement of the embankment, all holes,
depressions, and ditches in the foundation area shall be backfilled and
compacted to a density equal to that of the adjacent undisturbed material.
(8) Prior to construction or enlargement of the embankment, all sur-
face vegetation shall be removed from the area to receive fill to a depth
of six (6) inches. Organic soil and roots one and one-half (1-1/2) inches
in diameter or larger, shall be removed from the area to receive fill lo a
depth of three (3) feet.
(9) An inspection trench shall be excavated to a minimum depth of six
(6) feet beneath levees being constructed or reconstmcted to a height of
six (6) feet or greater. If necessary to ensure a satisfactory foundation, the
depth of the inspection trench may be required to exceed six (6) feet.
(A) The minimum depth of an inspection trench excavated beneath le-
vees to be constructed or reconstructed less than six (6) feet in height
must be equal to the height of the design water surface above natural
ground adjacent to the levee.
(B) The inspection trench must have a minimum bottom width of
twelve (12) feet, and the side slopes must be one (1) foot horizontal to
four (4) feet vertical, or flatter.
(C) The centerline of the inspection trench shall be located approxi-
mately under the outer edge of the shoulder of the waterside levee crown.
( 1 0) When subsurface explorations disclose a pervious substratum un-
derlying a levee to be constructed or reconstructed, a cutoff trench must
be excavated to an impervious stratum, where practical.
(11) Cutoff trenches shall have a minimum bottom width of twelve
(12) feet and the side slopes shall be one (1) foot horizontal to four (4)
feet vertical, or flatter.
( 1 2) Impervious material, with twenty (20) percent or more of its pass-
ing the No. 200 sieve, and having a plasticity index of eight (8) or more,
and having a liquid Hmit of less than (50), must be used for construction
of new levees and the reconstruction of existing levees. Special construc-
tion details (e.g., 4: 1 slopes) may be substituted where these soil proper-
ties are not readily attainable. Where the design of a new levee structure
utilizes zones of various materials or soil types, the requirements of this
subdivision do not apply.
(13) Fill material must be placed in four (4) to six (6) inch layers and
compacted with a sheepsfoot roller, or equivalent, to a relative compac-
tion of not less than ninety (90) percent per ASTM D 1557-91. dated
1991, which is incorporated by reference and above optimum moisture
content, or ninety-seven (97) percent per ASTM D698-9 1 , dated 1991,
which is incorporated by reference and at or above optimum moisture
content.
(14) Fill material placed within two (2) feet of a structure must be com-
pacted by appropriate hand operated compaction equipment.
(15) Levee fill material must be free of stones or lumps exceeding three
(3) inches in greatest dimension, and must be free of vegetative matter
or other unsatisfactory material.
(16) Fill material may only be placed within the area indicated on the
submitted plans.
( 1 7) Fill on levee slopes must be keyed into the existing levee section
whenever there is substantial fill, as determined by the board.
Page 4.15
Register 96, No. 40; 10-4-96
§120
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(18) Each layer of fill material applied on a levee must be keyed into
the levee section individually in four (4) to six (6) inch layers.
(19) Density tests by a certified soils laboratory will be required to
verify compaction of levee fill and trench backfill.
(20) Ditches, power poles, standpipes. distribution boxes, and other
above-ground structures located within ten (10) feet of the levee toe must
be relocated a minimum distance often (10) feet beyond the levee toes.
(21 ) Pipelines located alongside and within ten (10) feet of the levee
toe must be relocated a minimum distance of ten (10) feet beyond the le-
vee toe.
(22) Construction work of any type may not be done on levees or with-
in the floodway during the flood season (see Table 8. 1 ) unless authorized
by the General Manager.
(23) The areas adjacent to the levee must drain away from the levee
toes for a minimum distance of ten ( 1 0) feet.
(24) The finished slope of any project levee construction or recon-
struction must be three (3) feet horizontal to one ( 1 ) foot vertical, or flat-
ter, on the waterside and two (2) feet horizontal to one (1) foot vertical,
or flatter, on the landside of the levee.
(25) The finished slope of any bypass levee must be four (4) feet hori-
zontal to one ( 1 ) foot vertical, or flatter, on the waterside and three (3) feet
horizontal to one ( 1 ) foot vertical, or flatter, on the landside of the levee.
(26) An existing levee section being reconstructed, realigned, or other-
wise altered, and having encroachments that are located within the levee
that are to be replaced or changed, must have detailed plans of the pro-
posed encroachment changes approved by the board prior to start of con-
struction.
(27) The board may require the modification, as necessary, of existing
pipelines within a levee section that is being raised to accomodate a high-
er design water surface elevation in order to prevent seepage along the
pipeline and to prevent backflow through the pipeline during the design
event.
(28) A set of "as constructed" drawings of any levee project shall be
submitted to the board, the department and the Corps of Engineers upon
completion of the project.
(29) Stone revetment may be required on levee slopes where turbu-
lence, flow, or wave action may cause erosion.
(30) Grasses or other approved ground covers may be required on le-
vee slopes.
(3 1 ) The minimum crown width of a levee is normally twelve ( 1 2) feet
on minor streams and twenty (20) feet on major streams. The levee crown
width for a levee on a specific stream is defined by the project document
and/or operations manual in current use and must be consistent with
minimum width requirements of existing levees on the specific stream.
(32) A levee having a crown width of fifteen (15) feet or less must have
vehicular turnouts at approximately two thousand-five hundred (2,500)
foot intervals if there is no existing access ramp within that distance.
(33) As used in this section, the term "approved risk-based analysis"
means an analysis which uses simulation modeling of river discharge
versus probability of occurrence, river stage versus river discharge esti-
mates, and river stage versus flood damage estimates and accounts for
uncertainty in these functions to determine the performance of a pro-
posed flood control feature.
(A) All levees constructed or rcconstaicted must have a minimum of
three (3) feet of freeboard above the design flood plane, or a crown eleva-
tion no lower than designed using an approved risk-based analysis.
(B) Unless designed using an approved risk-based analysis, the design
freeboard of a levee to be constaicted or reconstructed must be appropri-
ately increased when any of the following conditions exist:
(i) High velocity streamflow.
(ii) Excessive wave action.
(iii) Excessive hydrologic, hydraulic, or geotechnical uncertainty in
the levee design parameters.
(C) Unless designed using an approved risk-based analysis, levees
within one hundred (100) feet of a bridge, or other structure which may
constrict floodflows, must have one (1) foot of additional freeboard.
(b) Unreinforced pavement is not permitted on levee slopes.
(c) Pavement for roadways and similar uses is permitted within ten
(10) feet of the levee toe.
(d) Pavement within ten (10) feet of the landside levee toe must have
appropriate features that intercept seepage and prevent particle migra-
tion.
(e) Levee seepage control facilities (e.g., toe drains and toe ditches)
must meet the following requirements:
( 1 ) The seepage control facilities must be designed by a civil engineer.
(2) All studies and calculations relating to design and maintenance of
the seepage control facility must be submitted to the board with the per-
mit application.
(3) The appropriate rights-of-way for the seepage control facilities
must be included in the levee easements.
(f) See Figure 8.01 for illustrated details, dimensions, and terminology
for levees and floodways.
(g) If a proposed project which includes levee improvements would
result in substantial residential development within an area that without
the levee improvements would be subject to the Federal Emergency
Management AgencyBs regulatory 100-year flood plain constraints, the
board may require the permittee to mitigate for any increased average an-
nual flood damage by increasing the level of protection provided by the
levee improvement project, up to and including the Standard Project
Flood.
NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section and figure 8.01 filed 9-30-96; operative 10-30-96 (Register 96,
No. 40).
Page 4.16
Register 96, No. 40; 10-4-96
Typical Ftoodway Looking Downstream
~l
Ckon»Ml
UiA to Scale
C/tonn»/ t^ffo
Laft Side
Riaht Side
(similar to teh side)
ITEM
MINIMUM OIMCNSIONS
OF STANDARD LEVEt SECTIONS
MAIN MIVCR
CHAMNCl S
«AJOH
IRiauTARlCS
IHlBUTAHiES
an Pi*ss£5
CHO*N WlDlM
20'
20'
12'
20
LAND SLOPt
I on 2
1 on 2
1 i»n 2
t M 2
WATtR StOPt
1 0" J
1 on 5
( on 5
i gn 5
fHtt BOARD
y '^'
J
i
4' «e «'
t'AtMUl hOAU *fiOlM
(2'
12
10'
«2'
MOTt Ml 5 ftet un Mliui LhUfin«l 0«lo«« CuChf Stou4^ ( Sun omen to Wi»«rJ
o
§121
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§121. Erosion Control.
(a) Quarry stone, cobblestone, or their equivalent may be used for ero-
sion control along rivers and streams if the material meets the criteria be-
low. Typical sections delineating methods of placement and dimensions
of revetment using rock and sacked concrete are shown in Figures 8.02
and 8.03.
( 1 ) Bedding materials must be placed under the stone protection at lo-
cations where the underlying soils require such material for stabihzation,
considering such factors as tidal fluctuation, wave action, and stream-
flow velocity.
(2) Cobblestone protection must be placed on prepared slopes of three
(3) feet horizontal to one (1) foot vertical or flatter.
(3) Cobblestone protection, having acceptable cobblestone grada-
tions, may be used where streamflow velocities ten (10) feet from the
bank do not exceed eight (8) feet per second.
(4) Quarry stone protection must be placed on prepared slopes steeper
than three (3) feet horizontal to one (1) foot vertical.
(5) Quarry stone protection, meeting required gradations and sizes,
may be used at locations where streamflow velocities ten ( 1 0) feet from
the bank do not exceed twelve ( 1 2) feet per second.
(6) Required gradations of cobblestone and quarry stone are as fol-
lows:
Cobblestone
Quarry stone
Stone
Size
Percent
Passins
Stone
Size
Percent
Passim'
15"
100
15"
100
10"
55 to 95
8"
80 to 95
8"
35 to 65
6"
45 to 80
6"
10 to 35
4"
15 to 45
3"
1 to5
2"
0tol5
(8) Where streamflow velocities ten (10) feet from the bank exceed
twelve (12) feet per second, special cobble or quarry stone gradation is
required. Flow retarding stnictures, such as retards, wing dams, and rock
groins may be permitted at these high streamflow velocity sites.
(9) Alternative bank protection materials may be permitted by the
board. Possible alternatives include but are not limited to: sacked con-
crete; broken concrete free of projecting steel; reinforced concrete; pre-
cast concrete cribbing; and stone-filled gabion baskets.
(10) Broken concrete used for levee revetment may be no larger than
sixteen (16) inches at its maximum dimension.
(11) Asphalt or other petroleum-based products may not be used as fill
or as erosion control on a levee section or within a floodway.
(12) The minimum thickness of revetment is eighteen (18) inches per-
pendicular to the bank or levee slope below the usual water surface and
twelve ( 1 2) inches above the usual surface.
(13) Revetment must be uniformly placed and properly transitioned
into the bank, levee slope or adjacent revetment.
(b) When revetment is proposed by an applicant but not required by
the board, the standards relating to revetment bedding, gradation, size,
shape and thickness are recommended but not required.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1 . New section and figures 8.02 and 8.03 filed 9-30-96; operative 10-30-96 (Reg-
ister 96, No. 40).
(7) Graded cobblestone and quarry stone must be placed in a manner
which avoids segregation.
Page 4.18
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§121
Erosion Control - Rock
\r^ — |-I0' 4.
DEAL SITUATIOV
FLAT STREAM BED
Figure a02
Page 4.19
Register 96, No. 40; 10-4-96
§121
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Sacked Concrete
'^OP OP BANK -^
STRETCHERS
2 WEEP PIPES
10' rc \Z' CENTERS
THROUGHOUT
nLTER
STRETCHERS
Figure 8.03
Page 4.20
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§123
§ 122. Irrigation and Drainage Ditches, Tile Drains, and
Septic Systems.
(a) Irrigation ditclies, drainage ditches, and similar facilities must sat-
isfy the following criteria:
( 1 ) All ditches must be located at least ten ( 1 0) feet from the levee toe.
(2) The bottom of any agricultural ditch must be located above the
projected levee slope. Accordingly, a deep ditch may need to be located
farther than the minimum ten (10) feet from the levee toe. (See Figure
8.01.)
(b) Tile drains, septic systems, and similar facilities must satisfy the
following criteria:
( 1 ) All tile drains, septic tanks, or leach fields must be located at least
ten (10) feet from the levee toe.
(2) The bottom of any tile drain, septic tank, or leach field must be lo-
cated above the projected levee slope.
(3) Positive closure valves may be required on a tile drain pipehne to
prevent backflow.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 123. Pipelines, Conduits, and Utility Lines.
(a) The following definitions apply to this section:
(1) Delta Lowlands. "Delta Lowlands" means those lands within the
Sacramento-San Joaquin Delta that are approximately at the five- (5)
foot contour and below as shown in Figure 8.04.
(2) Delta Uplands. "Delta Uplands" means those lands within the Sa-
cramento-San Joaquin Delta that are above the five- (5) foot contour as
shown in Figure 8.04.
(b) Pipelines, conduits, utility lines, and appurtenant structures must
conform to the following criteria:
(1) Pipelines, conduits, utility lines, utility poles, and appurtenant
structures may not be installed within the levee section, within ten (10)
feet of levee toes, or within the floodway during the flood season unless
authorized by the General Manager based on reservoir levels, stream lev-
els, and forecasted weather conditions on a case-by-case basis, pursuant
to section 11.
(2) Appurtenant structures such as standpipes, utility poles, distribu-
tion boxes, guy wires, and anchors, but not including siphon breakers, are
generally not permitted in or below the levee crown, on the levee slopes,
or within ten (10) feet of the levee toes. Appurtenant structures may be
permitted where they will not interfere with levee maintenance or flood
fight activities.
(3) Appropriate, visible markers acceptable to the local maintaining
agency may be required to identify the location of buried pipelines, con-
duits, and utility lines. A siphon breaker or other visible appurtenance
may be considered an acceptable marker for the attached buried line.
Markers must be made of durable, long lasting, fire-resistant material,
and must be maintained by the permittee until the pipeline, conduit or
utility line is properly abandoned.
(4) Pipelines, conduits, and utility lines that pose a threat or danger to
levee maintenance or flood fight activities, such as high-voltage lines,
gas lines, and high pressure fluid lines, must be distinctively labeled to
identify the contents.
(5) Buried high-voltage lines of greater than twenty-four (24) volts
are required to be protected with schedule 40 PVC conduit, or equivalent.
(6) Overhead electrical and communication lines must have a mini-
mum vertical clearance above the levee crown and access ramps of twen-
ty-one (2 1 ) feet for lines carrying 750 volts or less, and twenty-five (25)
feet for lines carrying higher voltage.
(7) Fluid- or gas-carrying pipelines installed parallel to a levee must
be a minimum distance of ten (10) feet from the levee toe and, where
practical, may not encroach into the projected levee slope.
(8) Low-voltage electrical or communication lines of twenty-four
(24) volts or less may be installed parallel to a levee and within ten (10)
feet of the levee toe when it is demonstrated to be necessary and to not
interfere with the integrity of levee, levee maintenance, inspection, or
flood fight procedures.
(9) The board may require the applicant to have any pipelines, con-
duits, ufility lines and appurtenant structures designed by a registered
civil engineer.
(c) Pipelines, conduits, and utility lines installed within the floodway
must conform to the following additional conditions:
(1 ) Pipelines, conduits, and utility lines installed within the floodway
must have a minimum cover of five (5) feet beneath the low-water chan-
nel, and a minimum of two (2) feet in the remaining area of the floodway.
A greater depth of cover may be required based upon the feasibility of
achieving the required cover or local soil stability and channel hydrau-
hcs.
(2) Open-trench backfill to cover pipes must be placed in a manner
consistent with floodway characteristics such as erosion, deposition, and
streamflow velocities. This requirement is generally ensured by using
suitable material and compacting to the density of adjacent undisturbed
material. Compaction tests by a certified soils laboratory may be re-
quired.
(3) In general, any standard material may be used for pipelines or con-
duits to be installed within the floodway ten (10) feet or more from the
levee toe or the projected levee slope.
(4) All debris that accumulates around utility poles and guy wires
within the floodway must be completely removed following the flood
season and immediately after major accumulations.
(5) Pipelines and conduits which are open to the waterway and which
could cause flood damage from uncontrolled backflow during the design
flood event shall have a readily accessible positive closure device. A flap
gate is not a positive closure device.
(d) Pipelines, conduits, and utility lines installed through a levee must
conform to the following additional conditions:
(1) The installation of a fluid- or gas- carrying pipeline in a levee sec-
tion or within ten (10) feet of the toe parallel to the centerline is not per-
mitted.
(2) Pipelines, conduits, and utility lines must be installed through a le-
vee as nearly at a right angle to the levee centerline as practical.
(3) Buried pipelines, conduits, and utility lines that do not surface near
the levee toes must have location markers near both levee toes.
(4) Buried pipelines, conduits, and utiUty lines that cross the levee at
right angles must have a location marker located on the levee slope adja-
cent to either shoulder.
(5) Buried pipelines, conduits, and ufility lines that cross the levee at
other than right angles must have location markers on the levee slopes
adjacent to each shoulder.
(6) Pipelines carrying gas or fluids under pressure must be confirmed
free of leaks during construction by pressure tests. X-ray, or equivalent
methods, and must be tested anyfime after construction upon request of
the board.
(7) Pipelines carrying gas or fluids under pressure must have a readily
accessible rapid closure device located within ten ( 1 0) feet of the landside
levee toe.
(8) Pipelines and conduits open to the waterway must have a readily
accessible positive closure device unless it can be demonstrated it is not
necessary. A flap gate is not a positive closure device.
(9) The side slopes of trenches excavated for the installation of pipe-
Unes, conduit, or utility lines may be no steeper than one ( 1 ) foot horizon-
tal to one (1) foot vertical. The following are excepfions to this maximum
slope requirement:
(A) For shallow installafions above the flood plane, e.g., twelve (12)
inches, vertical side slopes may be allowed.
Page 4.21
Register 96, No. 40; 10-4-96
§123
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(B) For that portion of the trench above the design freeboard, vertical
side slopes may be allowed.
(10) The bottom width of trenches excavated for the installation of a
pipeline, conduit, or utility line must be two (2) feet wider than the diame-
ter of the pipeline or conduit, or two (2) times the pipe diameter, whichev-
er is greater.
(11) The minimum cover for pipelines, conduits, and utility lines in-
stalled through the levee crown is twenty-four (24) inches. If it becomes
necessary to raise a levee crown to provide minimum cover, the longitu-
dinal slope of the crown must be a minimum of ten (10) feet horizontal
to one (1) foot vertical. Where twenty-four (24) inches of cover is not
practical, a concrete or other engineered cover is required.
(12) The minimum cover for pipelines, conduits, and utility lines in-
stalled within the levee slope is twelve ( 1 2) inches. Where the installation
will not interfere with levee maintenance or flood fight activities, it may
not be necessary to bury the line within the levee slopes.
(13) When practical, pipelines, conduits, and utility lines installed
within a levee section must be separated from parallel pipelines, con-
duits, and utility lines by a minimum of twelve ( 1 2) inches, or the diame-
ter of the largest pipeline, conduit, or utility line, whichever is larger, to
a maximum of thirty-six (36) inches.
(14) When practical, pipelines, conduits, and utility lines must have a
minimum vertical spacing of six (6) inches when crossing other pipe-
lines, conduits, or utility lines.
(15) A siphon breaker with a protective housing may be required and
must be installed off the levee crown roadway where it will not interfere
with levee maintenance.
(16) Electrical and communication lines installed through a levee or
within ten ( 1 0) feet of a levee toe must be encased in schedule 40 PVC
conduit or equivalent. Low-voltage lines (24 volts or less) and fiber optic
cable may be allowed without conduit if properly labeled.
(17) A standard reinforced concrete U-wall for levee erosion protec-
tion is required at the outlet end of a pipeline or conduit discharging with-
in ten ( 1 0) feet of a levee toe. See Figures 8.05 and 8.06 for U-Wall de-
sign criteria.
(18) Existing levee erosion protection must be restored by the permit-
tee if it is damaged during the installation of a pipeline, conduit, or utility
line.
(19) The permittee must replant or reseed levee slopes to restore sod,
grasses or other nonwoody ground covers that are destroyed or damaged
during the installation of a pipeline, conduit, or utility line.
(20) Within the levee or within ten (10) feet of levee toes, any excava-
tion for the installation of a pipeline, conduit, or utility line must be back-
filled in four (4) to six- (6) inch layers with approved material and com-
pacted to a relative compaction of not less than ninety (90) percent, per
ASTM D1557- 91, dated 1991, which is incorporated by reference and
above optimum moisture content or ninety-seven (97) percent, per
ASTM D698-91, dated 1991, which is incorporated by reference and at
or above optimum moisture content. Compaction tests by a certified soils
laboratory will be required to verify compaction of backfill within a le-
vee.
(2 1 ) Boring a pipeline or conduit through a levee is permitted if the fol-
lowing additional conditions are met:
(A) The invert of the pipeline or conduit must be located at least three
(3) feet above the design flood plane.
(B) The pipeline or conduit must be butt-welded. Polyethylene pipes
may be used as provided in subdivisions (f)(4)(A), (f)(4)(B), and
(f)(4)(C) of this section.
(C) The pipeline or conduit must be installed by the bentonite boring
method or equivalent. The bentonite boring method uses an auger fol-
lowed by a pipe with multiple port openings through which a bentonite
slurry is pumped to ensure sealing of any voids resulting from the boring
process.
(e) Pipelines, conduits, and utility lines may be installed by the open
cut-method through a levee below the design flood plane, or within the
levee foundation under the following conditions:
(1 ) One or more of the following conditions must apply:
(A) The pipehne, conduit, or utility line will be maintained by a public
agency with a history of good maintenance based upon annual mainte-
nance or inspection reports.
(B) The levee is designed to withstand a depth of less than six (6) feet
of water measured with respect to the elevation of the landside levee toe.
(C) The levee is designed to withstand a depth of less than twelve ( 1 2)
feet of water measured with respect to the elevation of the landside levee
toe and provides flood protection for a rural area, or an area where the
board anticipates little future urban development.
(2) Pipelines open to the waterway must be a minimum of thirty (30)
inches in diameter, and must have a readily accessible positive closure
device installed on the waterward side.
(3) Seepage along pipelines, conduits, and utility lines must be pre-
vented by either of the following methods:
(A) The pipeline, conduit, or utility line is encased in reinforced con-
crete cast against firm undisturbed earth.
(B) The conduit has reinforced concrete battered walls at an inclina-
tion of one (1) foot horizontal to four (4) feet vertical or flatter.
(4) The work must commence and be completed prior to the flood sea-
son.
(5) Levees located within the Sacramento-San Joaquin Delta low-
lands may only be cut below the design flood plane after appropriate en-
gineering studies are performed and approved.
(f) Pipelines, conduits, and utility lines may be installed under a levee
or stream channel by tunneling, jacking, or boring, if the following condi-
tions are met:
( 1 ) The pipeline, conduit, or utility line is at least thirty (30) feet under
the levee.
(2) The pipeline, conduit, or utility line is verified to have the required
cover. A greater depth of cover may be required based upon the feasibil-
ity of achieving the required cover or on local soil stability and channel
hydraulics.
(3) If the installation is to be more than fifty (50) feet below the levee
and the entire floodway and streambed, the board may waive the require-
ment for a permit provided a letter of intent is filed with the board prior
to commencement of the project.
(4) The portal and outlet of a tunnel, jacking, or boring must be a mini-
mum distance of ten (10) feet beyond the projected levee slope without
an approved stability and seepage analysis.
(5) Installation may occur during the flood season and when the water
surface elevation in the floodway is expected to be above the elevation
of the landside levee toe if adequate containment cells are constructed at
the portal and ouUet.
(6) The installation of a pipeline, conduit, or utility line under levees
in the Sacramento-San Joaquin Delta lowlands requires adequate con-
tainment cells at the portal and outlet when the installation is less than
fifty (50) feet below the streambed and levee toes.
(7) Pipelines carrying gas or fluids under pressure below a levee must
have provision for rapid closure.
(8) Pipelines and conduits open to the waterway and below a levee
must have a positive closure device which is accessible at all times unless
it is demonstrated to be unnecessary. A flap gate is not a posifive closure
device.
(g) The following pipe materials are allowed within a levee section
when designed to resist all anticipated loading condiUons and properly
installed:
(1) Galvanized iron pipe is allowed if all joints are threaded. Galva-
nized iron pipe joints must be corrosion protected with PVC tape or poly-
ethylene tape wrapped to a thickness of thirty (30) mils or equivalent.
Page 4.22
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§123
(2) Schedule 80 polyvinyl chloride (PVC) pipe is allowed if it is entire-
ly buried, all joints are threaded and the components were continually
protected from ultraviolet radiation damage or were newly manufac-
tured.
(3) Polyvinyl chloride (PVC) plastic pipe schedule 40. or better, may
be used as a conduit for power or communication cables.
(4) High-density polyethylene pipe may be used for pipeline or con-
duit installations provided the following conditions are met:
(A) High-density polyethylene pipeline or conduit joints must be heat
or electrofusion welded (ASTM Standard Fl 055-93, dated 1993 or
D3261-93, dated 1993 which is incorporated by reference).
(B) High-density polyethylene pipelines and conduits must be de-
signed to resist all anticipated loading conditions, and the design calcula-
tions must be submitted to the board.
(C) High-density polyethylene pipelines and conduits must be ultra-
violet radiation protected.
(5) Cast-in-place reinforced concrete pipes and box culverts may be
used above and below the design tlood plane if the concrete is at least six
(6) inches thick.
(6) Precast reinforced concrete pipes and box culverts and concrete
cylinder pipes may be used above and below the design flood plane if the
following conditions are met:
(A) Precast reinforced concrete pipe meets ASTM Specification
C76-90. dated 1 990 which is incorporated by reference.
(B) Precast reinforced concrete pipe joints and precast box culvert
joints are encased in reinforced concrete cast-in-place against firm un-
disturbed earth.
(C) The cylinders of concrete cylinder pipes are welded and corrosion
protected internally and externally.
(D) When installed below the design flood plane, precast reinforced
concrete pipe and concrete cylinder pipe must be encased below the
springline in concrete cast against undisturbed earth.
(7) Steel pipe may be used for all types of pipeline or conduit installa-
tions through a levee above the design flood plane if the pipe meets the
following requirements:
(A) The steel pipe is resilient and not materially reduced in quality due
to weathering, prior use or other deteriorating conditions.
(B) The steel pipe joints are butt-welded or threaded.
(C) The steel pipe installations are corrosion-proofed externally with
a coating of material such as coal-tar enamel, asphalt-dipped wrap, mor-
tar, PVC tape, or polyethylene tape wrapped to a thickness of thirty (30)
mils, high solids epoxy, or equivalent.
(D) Unless a continuous internal lining of cement, mortar, or equiva-
lent is provided, as appropriate for the fluid to be conveyed, new steel
pipe installations may convey only non- corrosive material, and water is
considered corrosive.
(E) Steel pipe installations must be designed to resist all anticipated
loading conditions, and the design calculations must be submitted to the
board. Steel pipe meeting the following criteria may be used without sub-
mittal of design calculations to the board:
(i) Twelve- ( 1 2) inches in diameter or less ten- ( 1 0) gauge steel pipe.
(ii) Greater than twelve- (12) inches and a maximum of thirty- (30)
inches in diameter seven- (7) gauge steel pipe.
(iii) Greater than thirty- (30) inches and a maximum of forty-eight
(48) inches in diameter three- (3) gauge steel pipe.
(h) The following materials are not allowed for pipelines or conduits
used to carry natural gas or fluids:
( 1 ) Aluminum pipe within a levee section or within ten (10) feet of le-
vee toes.
(2) Cast iron pipe within a levee section or within ten ( 1 0) feet of lev ee
toes.
(3) Pipe with flanges, flexible couplings, or other mechanical cou-
plings within a levee section or within ten (10) feet of levee toes.
(4) Prestressed concrete pipe within a levee section or within ten (10)
feet of levee toes.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8710 and 8712, Water Code.
History
I . New section and figures 8.04. 8.05 and 8.06 filed 9-30-96; operative 1 0-30 96
(Register 96, No. 40).
Page 4.23
Register 96, No. 40; 10-4-%
§123
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
i
\
DELTA SERVICE^ AREA
tEGEHO
0*n« BoundWT - Saclioo 12270 0( >M
HT^>■1•4 tram n«»«%y
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ffva-tOlM contour and b«MM»
SACAJtMEMTO - 9*** jOAOUm OEl r4
Figure 8.04
Page 4.24
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§123
"U" Wail Reinforcing Detail Below
Flood Plane - Reinforced Concrete Box
B-B ELEVATIONS C-C
r.~r. '
RCiNrORCCD COMCRCTC 'U* WAUL '
t
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6-6' j r-cr j
J--*- • 4--0'
ft'-O' ' 6-6' ! r-2"
r-«"
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9'- 2- 9-- 8-
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3-0" ? 5-0" ! y-o"
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Ftgun a05
Page 4.25
Register 96, No. 40; 10-4-96
§123
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
'U" Walt Reinforcing^ Gate Risar and Flashboard Detail
Below Flood Plane " Reinforced Concrete Box
7""-^
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LANDSIDE "U" WWJ. REINFORCEMENT
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SECTION
GATt RISER DETAIL
Figure &06
Page 4.26
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§124
§ 124. Abandoned Pipelines and Conduits.
(a) Abandoned pipelines, conduits, and all appurlenances (such as
pumps, standpipes. or positive closure structures) that are located within
a levee section, within the projected levee section, or within ten (10) feet
of the levee toes shall be completely removed, when practical, and dis-
posed of outside the floodway.
( 1 ) When the invert of an abandoned pipeline or conduit within a levee
is above the design flood plane elevation, the pipeline or conduit must be
removed.
(2) An abandoned pipeline or conduit located within one ( 1 ) foot of the
surface of the levee slope shall be removed.
(3) When the invert of an abandoned pipeline or conduit within a levee
is six (6) feet or less below the design flood plane elevation, the board
may require the removal of the pipeline or conduit.
(4) The side slopes of an excavation to remove an abandoned pipeline
or conduit from within a levee must be one ( 1 ) foot horizontal to one ( 1 )
foot vertical or flatter.
(5) After any pipeline, conduit, or appurtenance is removed from a le-
vee, approved backfill shall be keyed into the levee section with each lift
and compacted in four- (4) to six- (6) inch layers with a relative compac-
tion of not less than ninety (90) percent, per ASTM D 1557-91. dated
1991, which is incorporated by reference and above optimum moisture
content.
(6) Compaction tests by a certified soils laboratory will be required to
verify compaction of backfill within a levee or within the projected levee
section.
(b) Abandonment of pipelines and conduits within a floodway must be
in a manner consistent with the following:
(1) After any pipeline, conduit or appurtenance is removed from a
floodway, open-trench backfill must be placed in a marmer consistent
with the local conditions. Erosive stream reaches will require methods
that compact the backfill to at least the density of that of adjacent soils.
Compaction tests by a certified soils laboratory may be required to verify
compaction within the floodway.
(2) Abandoned pipelines or conduits within the berm and within thirty
(30) feel of the top of the streambank must not be filled with concrete but
may be removed if exposed by bank erosion.
(c) If it is determined by the board that it is impractical or detrimental
to the levee to remove an abandoned pipeline or conduit from a levee sec-
tion, the pipeline or conduit must be completely filled with concrete.
(1) Concrete to be used to fill an abandoned pipeline or conduit must
be a three- (3) sack cement mix, or equivalent, with aggregate having a
maximum size of three-eighths (3/8) inch, and a water content sufficient
to produce a six- (6) to eight- (8) inch slump.
(2) A detailed plan for filling an abandoned pipeline or conduit with
concrete may be required to be submitted for approval by the board prior
to start of work.
(3) A pipeline or conduit to be filled with concrete must have a mini-
mum cover of three (3) feet below the waterward levee slope.
(4) See Figure 8.07 for illustrated details on sealing abandoned pipe-
lines and conduits.
(d) Concrete pipes may be plugged with concrete at each end as an al-
ternative to complete filling. The length of each plug shall be a minimum
of two (2) feet or twice the diameter of the pipe, whichever is greater.
NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1. New section and figure 8.07 filed 9-30-96; operative 10-30-96 (Register 96,
No. 40).
Page 4.27
Register 96, No. 40; 10-4-96
§124
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Sealing Abandoned Pipas
Landside
Riverside
CUT HOLE IN TOP
OF PIPE a flittTALL
9R00T COHHSCTtOH
REMOVE
2* ABOVE TOP OF PIPE
OR ABOVE WATER LEVEL
WELDED STEEL PLATE
OR 2 CONCRETE PLUG
iH CONCRETE PIPES
WELOfO STEEL PLATE
OR 2 CONCRETE PUiO
IN CONCRETE RPCS
Grouting or concrete fill of abandoned pipes below flood plane
FjQure a 07
Page 4.28
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§127
§125. Retaining Walls.
(a) Retaining walls within an adopted plan of flood control must com-
ply with the following requirements:
(1) Retaining walls greater than three (3) feet in height must be de-
signed by a licensed civil engineer.
(2) Retaining walls may be of reinforced concrete, concrete gravity
section, or of equivalent material and durability.
(3) Retaining walls in the landside levee slope must have appropriate
features that intercept seepage and prevent particle migration.
NOTE: Authority cited: Section 8371, Water Code. Reference: Sections 8606,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 126. Fences and Gates.
(a) Fences within a floodway, on a levee, or near a levee must conform
to the following:
(1) Fences, walls, and similar structures are permitted within flood-
ways if they do not obstruct floodflows or cause the accumulation of de-
bris that would obstruct floodflows.
(A) Fences firmly anchored and constructed parallel to the streamflow
are normally permitted.
(B) Fences not parallel to the streamflow shall be designed and con-
structed to not adversely affect stages and velocities.
(2) All fences parallel to a levee must be located a minimum distance
of ten ( 1 0) feet off the levee toe.
(3) Fences crossing a levee, where permitted, must be installed at a
right angle across the levee.
(4) Fences crossing a levee crown must have an opening a minimum
of fourteen (14) feet in width or a suitable gate installed on the levee
crown.
(5) After January 1, 1998, new fences that are designed to give way
during high water events shall not be allowed on the water side of a levee.
Fences proposed to be constructed after January 1 , 1 998 on the water side
of a levee that are partially or wholly under water during high water
events, and that are located within state maintenance areas within city
limits under the jurisdiction of the board, shall be constructed so as to be
removable by the permittee in segments during times of high water
events as the water level rises up the levee. The permittee shall remove
fence segments at its own expense during high water events so that no
part of any fence on the water side levee slope is submerged.
(6) Where the distance between fences would be so close as to interfere
unreasonably with levee inspection, maintenance and flood fight activi-
ties, the board may deny approval for additional fences.
(7) If, in the opinion of the board, a fence becomes unnecessary due
to changes in location of public access points or construction of other
fences, the permittee must remove the fence at the request of the board.
(b) Gates within a floodway or on a levee must conform to the follow-
ing:
(1) The gate width on a levee crown must match or exceed the width
of the levee crown with a minimum gate width of fourteen (14) feet. A
gate width exceeding twenty (20) feet is normally not required. A gate
width of twelve (12) feet may be allowed on levees within urban areas
if the levee maintenance equipment and any agricultural equipment
which must use the gates is less than twelve feet in width.
(2) Cable or chain gates are not permitted across a levee crown or
across a levee access ramp.
(3) Gates shall be hinged, and constructed to provide for ease of opera-
tion, maximum longevity, and public safety.
(4) Gates may be opened by authorized Department of Water Re-
sources and maintenance personnel and must remain open when required
for levee inspections, maintenance, construction, high water patrol, and
flood fight activities.
(5) Where the distance between gates would be so close as to unrea-
sonably interfere with levee inspection and maintenance, the board may
deny approval for additional gates.
(6) If, in the opinion of the board, a gate becomes unnecessary due to
changes in location of public access points or construction of other gates,
the permittee must remove the gate at the request of the board.
(7) Keys shall be provided to local the maintaining agency and the De-
partment of Water Resources for all locks on gates providing access to
the floodway, levee ramp, levee toe, and along the levee crown.
(c) If the board approves an activity or encroachment that directly or
indirectly may result in future unauthorized encroachments (e.g.. ap-
proving levee modifications associated with a new residential develop-
ment adjacent to the levee), the board may require the permittee to con-
struct a fence parallel to the levee at a distance of ten (10) feet from the
landside levee toe. If a fence is required, it must conform to board stan-
dards.
(d) No fence, wall or other barrier may interfere with or preclude legal
public access.
NOTE: Authority cited: Sections 8.'S71 and 8709.3, Water Code. Reference: Sec-
tions 8608, 8609, 8709.3 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. New subsection (a)(5), subsection renumbering, and amendment of Noti-, filed
2-13-98 as an emergency; operative 2-13-98 (Register 98, No. 7). A Certifi-
cate of Compliance must be transmitted to OAL by 6-15-98 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New subsection (a)(5). subsection renumbering, and amendment of NoTh re-
filed 6-1 1-98 as an emergency; operative 6-1 1-98 (Register 98, No. 24). A
Certificate of Compliance must be transmitted to OAL by 1 0-9-98 or emergen-
cy language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1 1-98 order transmitted to OAL 10-2-98 and
filed 1 1-16-98 (Register 98, No. 47).
§ 127. Boating Facilities.
(a) The standards for construction of wharves, piers, docks, boat
houses, ramps, and similar boating facilities, are as follows:
(1) Boat ramps may not be cut into the levee section, but may be cut
into a berm or placed on a fill.
(2) Boating facilities must be properly anchored to prevent breakaway
during floodflows. Acceptable anchoring methods are as follows:
(A) Driven piling must meet the following criteria:
(i) Timber piles must be a minimum of twelve (12) inches in diameter
and must be pressure treated.
(ii) The elevation of the top of each pile must be a minimum of two (2)
feet above the design flood plane.
(B) Concrete deadmen must meet the following criteria:
(i) The concrete deadman must be of sufficient size to restrain the boat-
ing facility and be a minimum of one (1) cubic yard of concrete.
(ii) The concrete deadman must be attached to the floating facility with
a steel cable, or equivalent, of sufficient size to restrain the facility.
(3) All appurtenant facilities, including utilities and walkways, in-
stalled on or through a levee section to provide service to wharves, piers,
or docks, must conform to the appropriate secfion of the standards.
(b) After each period of high water, all debris caught by a boating facil-
ity must be cleared and disposed of outside the limits of the floodway and
levee section.
(c) In the event that levee or bank erosion injurious to the adopted plan
of flood control occurs at or adjacent to a boating facility, the permittee
of the boating facility is responsible for the repair of the eroded area, and
for the placement of adequate revetment to prevent further erosion.
(d) Any existing levee revetment or bank revetment damaged during
the construction or operadon of a boating facility must be restored to its
original condition by the permittee of the boating facility.
(e) The levee crown may not be used for parking boat trailers or motor
vehicles except where there is adequate crown roadway width to provide
twenty (20) feet of unobstructed clearance for two-way vehicular traffic.
(f) Boating materials, equipment or accessories may not be stored on
levee slopes.
(g) Floatable boating materials, equipment, or accessories must be se-
curely anchored when stored in the floodway during the flood season.
Page 4.29
Register 98, No. 47; 11-20-98
§128
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(h) Boating materials, equipment, or accessories may be stored on the
levee crown if storage does not prevent adequate inspection and mainte-
nance of the levee, does not obstruct flood fight procedures, and the fol-
lowing additional requirements are met:
( 1 ) There is adequate levee crown roadway width to provide a mini-
mum of twenty (20) feet of unobstnfcted clearance for two- way vehicu-
lar traffic.
(2) Where a public road or highway is on the levee crown, the design
width of the roadway, including the roadway shoulders, must remain
clear.
(3) Boating materials, equipment, or accessories may not be stored
within fourteen (14) feet of the landward levee shoulder.
(4) Boating materials, equipment or accessories may be stored to with-
in fourteen ( 1 4) feet of the waterward leve e shoulder provided the water-
ward levee slope is revetted to the standards in section 121.
(5) Boating materials, equipment, or accessories may not be stored
within thirty (30) feet of the waterward levee shoulder of a levee having
an unrevetted waterward slope.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§128. Bridges.
(a) The standards for constaiction or modification of bridges within an
adopted plan of flood control are as follows:
( 1 ) Any excavation within the levee section or near bridge supports
within the floodway must be backfilled in four- (4) inch to six- (6) inch
layers with approved material. The levee section must be compacted to
a relative compaction of not less than ninety (90) percent per ASTM
D 1557-9 1 , dated 1 99 1 , which is incorporated by reference and above op-
timum moisture content. Compaction within the floodway must be to the
density of the adjacent undisturbed material.
(2) Compaction tests by a certified soils laboratory may be required to
verify compaction.
(3) Bridge piers and bents within the floodway must be constructed
parallel to the direction of streamflow.
(4) Bridge piers and bents placed within a floodway to support a wid-
ened portion of an existing bridge must be constructed in line with exist-
ing bents and piers.
(5) Erosion control may be required on the channel banks or levee
slopes upstream and downstream of a proposed bridge.
(6) Drainage from a bridge or highway may not be discharged onto a
levee section or streambank.
(7) Plans showing all construction facilities (such as temporary stag-
ing, coffer dams, and falsework) which will remain in a floodway during
flood season, must be submitted to the board for approval prior to instal-
lation of these facilities.
(8) All construction facilities (such as temporary staging, coffer dams,
and falsework) must be designed to prevent bank erosion during normal
flows and to maintain maximum channel capacity during the flood sea-
son.
(9) Stockpiled material, temporary buildings, construction equipment,
and detours that obstruct streamflows must be removed from floodways
prior to the flood season.
(10)(A) The bottom members (soffit) of a proposed bridge must be at
least three (3) feet above the design flood plane. The required clearance
may be reduced to two (2) feet on minor streams at sites where significant
amounts of stream debris are unlikely.
(B) When an existing bridge being widened does not meet the clear-
ance requirement above the design flood plane, the bottom structural
members of the added section may be no lower than the bottom structural
members of the existing bridge, except as may be caused by the extension
of existing sloped structural members.
(C) When the clearance requirement above design flood plane would
result in bridge approach ramp fill in the floodway, the clearance require-
ment may be reduced to the extent that reasonably balances clearance and
fill that would obstruct flow, so as to maintain maximum channel capac-
ity.
( 1 1 )(A) Vehicular access from the roadway to the levee crown may be
required at each end of a bridge.
(B) Vehicular access from the levee crown to the floodway and/or the
landside levee toe beneath the bridge may be required. Ramps may slope
upstream as necessary to provide the access required by this subdivision.
( 1 2) Approved gates must be installed at right angles across the levee
crown at all points of access to the levee from each end of a bridge.
(13) Any bridge abandoned or being dismanUed must be completely
removed, and must be disposed of outside the limits of the levee section
and floodway.
(14) Pilings, piers, bents, and abutments of bridges being dismantled
must be removed to at least one ( 1 ) foot below the natural ground line and
at least three (3) feet below the bottom of the low water channel.
(15) Any bridge that is damaged to the extent that it may impair the
channel or floodway capacity must be repaired or removed prior to the
next flood season.
(16) Replacement railroad bridges must have the soffit members no
lower than those of the replaced bridge, but are not required to have a spe-
cified amount of clearance above the design flood plane.
( 1 7) Bridge replacements and new bridges shall be built at an elevation
so that there is no depression in the crown of the levee.
(b) The standards for maintenance of bridges within an adopted plan
of flood control are as follows:
( 1 ) The area in and around a bridge site must be kept clear to maintain
the design flow capacity.
(2) Trees, brush, sediment, and other debris must be kept cleared from
the bridge site and be disposed of outside the limits of the floodway prior
to the flood season.
(3) Any accumulation of debris during high flows must be immediate-
ly removed from a bridge site and disposed of outside the floodway.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operaUve 10-30-96 (Register 96, No. 40).
§ 1 29. Water, Oil, and Gas Weils.
(a) Water wells and any appurtenant structures must be located a mini-
mum distance of ten (10) feet from a levee toe.
(b) Oil wells, gas wells, and any appurtenant structures must be located
a minimum distance of thirty-five (35) feet from a levee toe.
(c) Access roads, foundation pads, and stockpiled excavated material
within a floodway are normally limited to an elevation of three (3) feet
above the natural ground. However, if it is determined by the board that
such facilities constructed to the normal elevation would have an adverse
effect on the flood- carrying capacity of the floodway, the allowable ele-
vation shall be lower.
(d) Structures and fencing at well sites within the floodway are not per-
mitted without approved hydraulic studies demonstrating that the pro-
posed structure or fence would not impair the floodway.
(e) Permits for water wells require that a survey monument and a per-
manent bench mark must be installed at the waterside levee toe, as near
to the well site as practical, to serve as a vertical control to monitor subsi-
dence.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section filed 9-30-96; operafive 10-30-96 (Register 96, No. 40).
§ 130. Patrol Roads and Access Ramps.
(a) The following definitions apply to this section:
(1) Access Ramps - "Access Ramps" mean those ramps that provide
access to the levee crown from adjacent property and roads.
Page 430
Register 98, No. 47; 11-20-98
Title 23
Reclamation Board
§130
(2) Patrol Roads - "Patrol Roads" means those roads that provide ve-
hicular access along levee crowns and flood channels for inspection,
maintenance, and flood fighting.
(b) Patrol roads must meet the following criteria:
(1) Patrol roads must be surfaced with a minimum of four (4) inches
of compacted, class 2 aggregate base (Caltrans Spec. 26-1.02A, July
1992) which is incorporated by reference, or equivalent.
(2) Patrol road surfacing material must be compacted to a relative
compaction of not less than ninety (90) percent per ASTM D 1557-91,
dated 1991, which is incorporated by reference with moisture content
sufficient to obtain the required compaction.
(3) Compaction tests by a certified soils laboratory may be required to
verify compaction.
(4) Paved patrol roads must meet the design requirements for paved
bicycle trails, section 132.
(5) Levee crown surfacing must meet the following additional require-
ments:
(A) Where the crown width is less than sixteen ( 1 6) feet, the minimum
surfacing width must be ten (10) feet with a smoothly tapered transition
to the edge of the levee shoulder.
(B) Where the crown width is sixteen (16) feet or more, the minimum
surfacing width must be twelve (12) feet with a two (2) foot-wide taper
at each edge of the surfacing.
(C) The crown roadway must be sloped a minimum of two- (2) per-
cent.
(6) Any patrol road which has been excavated or damaged must be re-
stored to its original condition.
(c) Access ramps are of two common types, head-on or side approach,
and must meet the following criteria:
(1 ) Access ramps must be constructed of approved imported material.
(2) The surfacing for all access ramps must be the same as for patrol
roads. Subdivisions (b)(1), (b)(2) and (b)(3) of this section also apply to
access ramps.
(3) Any excavation made in a levee section to key the ramp to the levee
must be backfilled in four- (4) to six- (6) inch layers with approved mate-
rial and compacted to a relative compaction of not less than ninety (90)
percent per ASTM D 1557-9 1 , dated 1 99 1 , and above optimum moisture
content.
(4) Compaction tests by a certified soils laboratory may be required to
verify compaction.
(5) All access ramps must be constructed in such a manner so as to di-
rect all surface drainage away from the levee section.
(6) Approved gates must be installed across access ramps at locations
where vehicular access by the public is possible.
(7) Side approach ramps must be used on the waterside levee slope.
(8) Side approach ramps on the walerward slope of the levee must
slope downstream.
(9) Typical plans for each type of approach ramp with restrictions and
requirements are shown on Figures 8.08 and 8.09.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1 . New section and figures 8.08 and 8.09 filed 9-30-96; operative 1 .30-96 ( Reg-
ister 96, No. 40).
Page 4.31
Register 98, No. 24; 6- 1 2-98
§130
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Access Ramps
btvtt %o>4
LEVEE
HEAD-ON Af>PRQACH ROAD RAMP
^iiWa^f
>Mrf /?^tff
LEVEE SURFAaNS PW IS* PATROL ROAD
LANOSmg
wMrofSfoe
LEVEE SURPACtNS FOR 20' PATROL ROAD
Rgure a08
' LEirCI ' LXVtE SLOK
cnam
SIDE APPROACH ROAO RAMP
,'. VERTICAL CU^VE AT TOP
a BOTTOM OF RAMP
2. VERTICAL CURVE TO BE
100 FOOT RADIUS
3. SLOPE OF RAMP TO BE A
MINIMUM GRADE OF 5
PERCENT AND A MAXIMUM
GRADE OF 10 PERCENT
4. RAMP TO BE SURFACED WITH
4 INCHES OF CLASS 2
AGGREGATE BASE.
(CALTRANS SPEC 26-I.02B)
5. ALL RAMPS GRADED TO DRAIN
AWAY FROM LEVEE SECTION
Page 4.32
Register 98, No. 24; 6-12-98
Title 23
Reclamation Board
§130
Accats Ramp Grading Raquiramonts
NOTE- TMC Loma VEimcAt cuiMt to be mia aojustco
iM OCN LOCATION TO COIMIESI>OM0 WITH EXISTING
AfimOACM SLOK AND ELEVATION.
itoo
M fflf l Ui
vBTfrE:
SCALE
H0i»iz^ '>«o;
VERT : I « 5
Figurs 8.09
Page 4.33
Register 96, No. 40; 10-4-96
§131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§131. Vegetation.
(a) The following definitions apply to this section:
(1) Oversize levee. "Oversize levee" means a levee which encom-
passes the minimum oversized levee cross-section which has a width of
thirty (30) feet at design freeboard elevation and standard levee slopes.
(See Figure 8.10.)
(2) Standard size levee. "Standard size levee" means a levee which
does not meet the requirements for an oversize levee.
(3) Standard levee slopes. "Standard levee slopes" means the landside
levee slope is two (2) horizontal feet to one ( 1 ) vertical foot and the water-
side levee slope is three (3) horizontal feet to one (1) vertical foot.
(b) Suitable vegetation, if properly maintained, is permitted within an
adopted plan of flood control.
(c) Vegetation must not interfere with the integrity of the adopted plan
of flood control, or interfere with maintenance, inspection, and flood
fight procedures.
(d) With the exception of naturally occurring vegetation which the
owner of the underlying land has no responsibility to maintain, any vege-
tation which interferes with the successful execution, functioning, main-
tenance or operation of the adopted plan of flood control, must be re-
moved by the owner. If the owner does not remove such vegetation upon
request, the board reserves the right to have the vegetation removed at the
owner's expense.
(e) Tables 8.3 through 8.6 indicate common types of vegetation con-
sidered suitable and unsuitable for planting on levees. Other types of
vegetation, not listed in Tables 8.3 through 8.6, may be approved if deter-
mined to be similar to listed suitable species or not detrimental to the in-
tegrity, operation, or maintenance of the adopted plan of flood control.
(f) Vegetation and vegetation maintenance standards for levees are as
follows:
(1) Vegetation is not permitted on the levee crown roadway. Only
properly maintained grasses or suitable ground covers are permitted on
other portions of the levee crown.
(2) Vegetation growing on levee slopes but infringing onto the levee
crown must be trimmed or sprayed to prevent interference with flood
fight, maintenance, or inspection activities.
(3) Tree branches extending above the levee crown or above the area
within ten (10) feet of the levee toe, must be pruned to maintain a mini-
mum of twelve ( 1 2) feet vertical clearance above the levee crown and
above the area within ten (10) feet of the levee toe.
(4) Tree branches above levee slopes must be pruned and maintained
so that the distance from the levee slope to the lowest branches, measured
normal to the levee slope, is a minimum of five (5) feet.
(5) Trees are not permitted on the crown or slopes of a standard size
levee or within ten (10) feet of the toe of a standard or oversize levee.
Planted trees must be set back a sufficient distance from the levee toe to
conform with the requirements of subdivision (f)(3) of this section
throughout the life of the tree.
(6) Trees are permitted on oversize levee slopes according to the fol-
lowing additional criteria:
(A) Trees considered suitable and unsuitable for oversize levees are
listed in Tables 8.3 and 8.4 respectively.
(B) Trees which will exceed fifty (50) feet in height when mature are
not permitted.
(C) Trees are permitted on the waterside levee slope of oversize levees
up to a point five (5) vertical feet below the design flood plane.
(D) Trees that, in the judgment of the board, threaten to disturb revet-
ment on levee slopes or interfere with maintenance must be removed.
(E) Fruit and nut trees are not allowed.
(7) Trees, vines, bushes, shrubs, or any other form of woody or herba-
ceous vegetation that grow in a dense form and prevent visual inspection
of the levee slope and toe, produce fruit or nuts that attract burrowing ro-
dents, or are thorny and could interfere with flood fight efforts, are not
permitted on the levee or within ten (10) feet of the levee toe.
(8) Sod, grasses, perennial flowers, and other nonwoody ground cov-
ers are permitted on levee slopes and within ten (10) feet of the levee toe
if the height of the vegetation does not exceed twelve ( 1 2) inches. Ground
covers considered suitable and unsuitable on levee slopes and within ten
( 1 0) feet of the levee toe are listed in Tables 8.5 and 8.6, respectively. In
areas where vehicular access is maintained along the levee toe, ground
covers are generally not permitted.
For ground covers with specific maintenance requirements (see Table
8.5):
(A) The permittee is responsible for maintaining the ground cover at
a height less than one ( 1 ) foot;
(B) The maintaining agency reserves the right to mow the groundcover
without prior notification if the height exceeds one (1) foot;
(C) Any irrigation system for the ground cover must be designed to not
interfere with mowing;
(D) Ground covers that are required by this subdivision to be mowed
are generally allowed only on the upper twenty (20) feet of levee slope.
(9) Thick-stemmed, extremely dense or woody ground covers are not
permitted on levee slopes or within ten (10) feet of the levee toe.
(10) Flower gardens where the height of the vegetation does not ex-
ceed twelve (12) inches and which are compatible with flood fight proce-
dures, maintenance, and inspection programs are permitted within ten
(10) feet of the levee toe.
(g) Vegetation and vegetation maintenance standards for floodways
and bypasses are as follows:
(1) Vegetation is permitted within revetment on streambanks unless,
in the judgment of the board, it becomes a threat to the integrity of the
revetment.
(2) Invasive or difficult-to-control vegetation, whether naturally oc-
curring or planted, that impedes or misdirects floodflows is not permitted
to remain on a berm or within the floodway or bypass.
(3) The board may require clearing and/or pruning of trees and shrubs
planted within floodways in order to minimize obstruction of floodflows.
(4) Trees and brush that have been cut down must be burned or re-
moved from the floodway prior to the flood season.
(h) Orchards are not permitted within bypasses but may be planted
within other floodways in accordance with the following criteria:
(1) If an orchard is abandoned, all trees must be removed and burned
or disposed of outside the floodway prior to flood season.
(2) Trees or brush cut prior to planting an orchard must be removed and
burned or disposed of outside the floodway prior to flood season.
(3) Orchard cuttings and any debris that may accumulate in the orchard
during the flood season must be removed from the floodway, or must be
disposed of in such a manner as to leave no floatable debris within the
floodway. Cuttings and other debris must regularly be burned or removed
and disposed of outside the floodway throughout pruning activities so as
to leave no floatable debris within the floodway.
(4) Dead trees, stumps, prunings, or other agricultural debris may not
be placed on the levee section or within ten (10) feet of the levee toe.
(5) Tree rows must be parallel to the direction of the overbank flow and
may not direct the flow toward the levee.
(6) The spacing between rows must be a minimum of sixteen ( 1 6) feet
perpendicular to the overbank flow of the stream. The row spacing must
be increased if, in the judgment of the board, additional space is neces-
sary for the passage of floodflows.
(i) Vegetable gardens are not permitted on the levee slope. Vegetable
gardens may be permitted within ten (10) feet of the levee toe where they
will not interfere with maintenance and inspection and meet the follow-
ing conditions:
(1) No large bushy plants such as com, tomatoes, grapes and peas are
within ten (10) feet of the levee toe;
(2) There is not a maintenance access road along the levee toe;
(3) The adjacent levee slope is not sprayed with herbicide by the main-
taining agency; and
Page 4.34
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
H31
(4) The levee is not experiencing burrowing rodent activity. If there is
burrowing rodent activity in the immediate vicinity, the vegetable garden
permittee shall control the rodents to the satisfaction of the Board or re-
move the garden.
(j) Irrigation of vegetation on levee slopes must conform to the follow-
ing criteria:
(1) Permanently installed irrigation systems are permitted on both
slopes of oversize levees and on the landside slope of standard size le-
vees.
(2) Surface low pressure drip irrigation systems may be used on either
the landside or waterside levee slope.
(3) Any water applied to vegetation on the levee slope by any means
must be controlled to prevent erosion of the levee slope.
(4) Ditches may not be dug in the levee section, within ten (10) feet of
the levee toe, or within the projected levee section for irrigation or drain-
age.
(5) Watering basins around trees must be limited to a maximum depth
of twelve ( 1 2) inches.
(6) Permanently installed irrigation pipes may be buried but may be
no deeper than eight (8) inches into the levee slope.
(7) A readily accessible shutoff or control valve is required in the sup-
ply line of all irrigation systems. The valve must be located a minimum
of ten (10) feet landward of the levee toe and must be clearly identified
for levee maintenance or flood fight personnel.
(8) Pipes supplying water to permanently installed sprinkler heads
must be of approved material such as galvanized iron, schedule 40 poly-
vinyl chloride (PVC), class L copper, or equivalent. Aluminum pipe is
not permitted.
(k) The board may permit, with appropriate conditions, existing non-
conforming vegetation after considering a number of factors, including
but not limited to:
( 1 ) Age of vegetation;
(2) Type of vegetation;
(3) Location of vegetation;
(4) Size of vegetation;
(5) Physical condition of vegetation;
(6) Whether the vegetation was planted or is naturally occurring;
(7) Condition of the adopted plan of flood control;
(8) Environmental value of the vegetation; and
(9) Ability to inspect and maintain the levee around the vegetation.
(/) Trees removed from the levee and from within ten ( 1 0) feet of the
levee shall have all roots larger than one- and one-half (1-1/2) inches in
diameter removed for a distance of at least three (3) feet from the tree
trunk at ground level and the hole filled with impervious soil compacted
in four- (4) to six- (6) inch lifts. Compaction within the levee section
shall be a relative compaction of not less than ninety percent (90%), per
ASTM D 1557-91, dated 1991, which is incorporated by reference. Out-
side of the levee section, the soil shall be compacted to at least the density
of adjacent undisturbed material.
NOTE: Authority cited: Section 8571, Water Code. Reference; Sections 8608,
8609 and 8710, Water Code.
History
1. New section, figure 8.10 and tables 8.2 through 8.5 filed 9-30-96; operative
10-30-96 (Register 96, No. 40).
Page 4.35
Register 96, No. 40; 10-4-96
§131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
c
o
o
9
(J>
9
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9
9
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o
Rgura 8.10
Page 4.36
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§131
Table 8.2
Partial List of Trees Suitable for Oversize Levees
Table 8.3
Partial List of Trees Unsuitable on Levees
Alder, white
Ahnis rhomhifolici
Box Elder
Acer }ie>i>imdo
California pepper tree (male only)
Schiniis niolle
Carob tree (male only)
Ceratonia silit/iia
China-beiTy
Melia azedarculi
Chinese pistache
Pistacia cliinensis
Coast beefwood
Casuarina stricta
Common catalpa
Catalpa hignonioides
Crape myrtle
Lagerstroemia iiidica
Dogwood, giant
Cornus controversa
Dogwood, Western
Conius niittallii
Fremont Cottonwood (male only)
Populus freniofitii
Goldenrain tree
Koelreuleria paniculata
Hackbeny, Chinese
Celtis sinenis
Hackberry, common
Celtis occidentalis
Hackberry, European
Celtis australis
Maidenhair tree (male only)
Gingko biloba
Mayten tree
Maytenus boaria
Montezuma cypress
Taxudium mucrontum
Oak
Ouercus spp. *
Pagoda tree
Sophora japonica
Redbud, western
Cercis occidentalis
Redbud, eastern
Cercis canadensis
Sawleaf zelkova
Zelkova serrata
Silk tree
A Ibizia julibrissin
Strawberry tree
Arbutus unedo or
Arbutus "marina"
Tallow tree
Sapium sebiferum
Tupelo
Nyssa sylvatica
"spp. = species
Acacia, Bailey
Acacia bailevana
Acacia, kansaroo thorn
Acacia aniiata
Almond
Primus dulcis
Apple, crabapple
Mahis spp. *
Apricot
Prumis armeniaca
Ash. Ai-izona
Fraxinus velutina
Ash, flowering
Fraxinus orniis
Ash, Modesto
Fraxinum velutina "Modesto"
Blue gum
Eucahptus i-lobulus
Cedar**
Cedrus spp. *
Chen7
Prunus avium
Chinese jujube
Zizyphus jujube
Chinese wingnut
Ptcrocarya stenoptera
Citrus
Citrus spp. *
Coast redwood
Sequoia sempcr\'irens
Colorado spruce
Picea pungens
Cypress**
Cupressus spp. *
Dale palm
Phoenix spp. *
Elm
Ulmus spp. *
Fan palm
Washingtonia spp. *
Fig
Ficus carica
Fir**
Abies spp. *
Giant sequoia
Sequoiadendron giganteum
Grape
Vitis spp. *
Hawthorn
Crataegus spp. *
Incense cedar**
Calocedrus decurrens
Locust
Rnbinia spp. *
Loquat
Eriobotrya spp. *
Olive
Olea europaea
Osage orange
Madura pomifera
Peach and nectarine
Prunus perica
Pecan
Carya illinuinensis
Persimmon
Diospyros spp. *
Pine**
Pinus spp. *
Plum and pnme
Prunus domestica, salicina
Pomegranate
Punica granatum
Quince
Cydonia oblonga
Russian olive
Elaegnus augustifolia
Salt Cedar
Tamarisk gallica
tree ot heaven
Ailanttius altissima
Walnut
Juglans spp. *
*spp. = species
**Conifers whose normal mature height is 50 feet or less may be con-
sidered desirable under maintenance conditions that (1) protect the tree
from drought, and (2) will assure proper pruning of the lower branches.
Page 4.37
Register 96, No. 40; 10-4-96
§131
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Table 8.4
Partial List of Ground Covers Suitable on Levees
Aaron's Beard''=*'"
Hxpcricitm calvciinini
Alvssum
AIyssuiv spp.*
Basket-of-eold
Aiirinici suxatilc
Bermuda Grass
Cynodon dactykm "tif^reen "
Cynodon dartylon "coastal"
Cynodon dactylon "Tufcote"
Blue-eyed grass
Sisyrinchiiiin bell urn
California Poppy
Esclischolzia califom ica
Cape weed
Arctotheca calendula
Creeping wild i-ye***
Elvnnis tritu -oides
English Ivy, miniature***
Hedera helix, liahni
Garden lippia
Phyla nodiflora
Lippia nodiflora
Gazania, trailing***
Gazania spp. *
Green caipet
Herniaria glabra
Lupine, dwarf
Lupiniis bicolor
Mexican evening primrose***
Oenothera berlandieri
Palestine orchardgrass
Dactylis glomerotoa
"Palestine "
Salt grass
Distichlis spicata
Spring Cinquefoil
Potentilla tabernaemontanii
Stonecrop
Sediim spp. *
Trailing African daisy
Osteospennuni fniticosum
Verbena
Verbena peruviana
Yellow-eyed grass
Sisyrinchiwn californicum
Table 8.5
Partial List of Ground Covers and Miscellaneous
Species Unsuitable on Levees
Bamboo
Bambusa sr>p. *
Blackberrv/Rasnberrv
Rubus spp. *
Broom
Cvtisus .wti- *
Cactus
Cactaceae spp. *
Centui-y Plant
Aiiave americana
False Bamboo, Common Reed
Phragmites communis
Freeway Iceplant
Carpobrotus spp. *
Grape
Vitus spp. *
Honeysuckle
Lonicera spp. *
Horsetail
Euuisetum hxemale
Ice Plant. Rosea
Drosanthemum jloribundum
Ice Plant, trailing
Lampranthus. spectabulis
Ivv, Algerian
Hedera canariensis
Ivy, Persian
Hedera colchica
Ivy, English
except miniature or
dwarf varieties
Hederal helix
Pampas grass
Cortaderia selloana
Periwinkle
Vinca spp. *
Perla Grass
Phalaris tuberosa
var. hirtiglumis
Rose
Rosa spp. *
'=spp. = species
*spp. = species
**These species have specific requirements for being cut back or other-
wise maintained on a regular basis depending on the species.
Page 4.38
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§ 133
§132. Bicycle Trails.
(a) It is the board's policy to permit the construction of paved and un-
paved bicycle trails by public agencies on levees and within floodways
under the board's jurisdiction, provided that the flood control purpose of
the floodway facilities remains primary. Bicycle trails must meet the fol-
lowing general conditions:
( 1 ) Where feasible, the bicycle trail must be located off of the levee.
(2) Repair or replacement of the bicycle trail that is damaged during
an emergency flood fight procedure, routine maintenance, or any re-
quired improvement activity within an adopted plan of flood control
must be made by, and at the sole expense of, the permittee or in accor-
dance with an agreement for maintenance between the permittee and a
public agency.
(3) The board and the local flood control maintaining agency retain the
right to temporarily close the bicycle trail for improvement, mainte-
nance, or during emergency flood fight activities.
(4) Bicycle trails within an adopted plan of flood control must be main-
tained to a level safe for bicycle traffic and acceptable to the local flood
control maintaining agency and the Department of Water Resources.
(b) Bicycle trails on a levee section are permitted under the following
conditions:
( 1) The permittee shall defend, hold harmless, and indemnify the State
of California and the local maintaining agency, and each of their boards,
elected officials, officers, employees, and agents against all damages and
claims of liability of whatevernature which arise from the use of the levee
as a bicycle trail.
(2) The permittee must submit proposed use restrictions for the bicycle
trail, and a plan for enforcement of the restrictions satisfactory to the
board, prior to commencing construcfion. The restrictions, at a mini-
mum, must restrict public access to the trail and to designated adjacent
areas only, and must prohibit equestrian and motorized vehicle traffic,
except as may be necessary for maintenance, restriction enforcement,
and providing for public safety.
(3) The permittee must agree to bear the cost of any repairs to a flood
control project facility that are made necessary by the presence or use of
the bicycle trail.
(4) Paved bicycle trails constructed on the levee crown must have a
minimum pavement width of twelve (12) feet and a minimum shoulder
width of one ( 1 ) foot on each side of the pavement. The outer edges of
the finished pavement may be no higher than the adjacent shoulders and
the cross-section must be shaped and trimmed to produce a smooth tran-
sition from pavement to shoulder.
(5) Paved bicycle trails on the levee crown must be designed and paved
to withstand a maximum load of 68,000 pounds from two consecutive
sets of tandem axles. Soil tests may be required to determine design of
the trail.
(6) The structural section of paved bicycle trails must consist of a mini-
mum of six (6) inches of aggregate base beneath two (2) inches of asphalt
concrete pavement, or equivalent, on a well compacted levee crown.
(7) The aggregate base shall extend beyond the pavement to allow
drainage.
(8) The bicycle trail and all bicycle access ramps must be sloped to
drain away from the levee crown.
(9) Bicycle access ramps on levee slopes must conform to the criteria
set forth in the standards for access ramps in section 1 30.
( 1 0) The bicycle trail may not be cut into the levee section but may be
placed on fill along the levee slope provided it will not interfere with
maintenance.
(11) The permittee must maintain the bicycle trail or provide evidence
of agreement with a public agency for that agency to provide mainte-
nance.
(12) The permittee may be required to prevent unauthorized vehicular
access to bicycle trails by physical barriers, which must be removable to
allow access for maintenance, inspection, and emergency vehicles. Ve-
hicular access barriers will be secured by locks. Keys shall be provided
to the Department of Water Resources and the local flood control main-
taining agency.
(13) The permittee shall install permanent safety signs at all bicycle
access points and at periodic intervals along the trail containing such lan-
guage as:
Levee Maintenance Road
Watch for Patrolling Vehicles.
(14) The permittee shall install permanent signs at all bicycle access
points to control unauthorized use of bicycle trails.
(c) Bicycle trails within a leveed floodway are permitted under the fol-
lowing conditions:
( 1 ) The permittee must submit proposed use restrictions for the bicycle
trail and a plan for enforcement of such restrictions satisfactory to the
board, prior to commencing construction. The restrictions, at a mini-
mum, must restrict public access to the trail and to designated adjacent
areas only, and shall prohibit equestrian and motorized vehicle traffic,
except as may be necessary for maintenance, restriction enforcement,
and providing for public safety.
(2) The permittee must agree to bear the cost of any repairs to a flood
control project facility that are made necessary by the presence or use of
the bicycle trail.
(3) Bicycle trails must be constructed at natural ground level wherever
possible, and all fills greater than three (3) feet in height must be sup-
ported by appropriate engineering studies.
(4) The permittee must maintain the bicycle trail or provide evidence
of an agreement with a public agency for that agency to provide mainte-
nance.
(5) The permittee is required to prevent unauthorized vehicular access
to bicycle trails by physical barriers, which must be removable to allow
access for maintenance, inspecfion, and emergency vehicles. Vehicular
access barriers will be secured by locks. Keys shall be provided to the De-
partment of Water Resources and the local flood control maintaining
agency.
(6) The permittee must install permanent signs at all bicycle access
points to control unauthorized use of bicycle trails.
(d) Paved bicycle trails within ten (10) feet of the landside levee toe
must have appropriate features that intercept seepage and prevent par-
ticle migration.
NOTE: Authority: Section 8571, Water Code. Reference: Sections 8608, 8609 and
8710, Water Code.
History
1. New section fded 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 133. Supplemental Standards for Control of Residential
Encroachments in Reclamation District 1000.
These standards apply only to the construction, reconstruction, or re-
pair of dwellings and associated improvements on the left bank water-
ward berm and waterward levee slope of the Sacramento River between
levee miles 0.00 and 18.60, Unit 1, Reclamation District 1000. These
standards supplement and, where in conflict with, supersede the stan-
dards in secUon 1 1 1 through section 1 37. While these standards are not
specifically for commercial construction, in general, the principles in this
section will apply to commercial development.
(a) The owner or permittee must maintain the waterward slope of the
levee and the utilized area within the floodway of the Sacramento River
in the manner required by Reclamafion District 1 000 or any other agency
responsible for maintenance.
(b) The area between the waterward levee shoulder and the riverbank
may be filled, provided the fill does not extend more than one hundred
fifty (150) feet waterward from the centerline of the levee crown.
(c) Within the area located between the waterward levee shoulder and
a point sixty-five (65) feet waterward from the centeriine of levee, the
following conditions apply:
(1) Where the area is less than one (1) foot above the design flood
plane, driveways and ramps may be constructed at any orientation to the
levee.
Page 4.39
Register 96, No. 40; 10-4-96
§134
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(2) Where the area is less than one (1) foot above the design flood
plane, fences parallel to the levee must be an open type and constmcted
to provide for the unobstructed visual inspection of the levee slope and
toe from the levee crown roadway.
(3) Where the entire area is at least one ( 1 ) foot above the design flood
plane, no restrictions apply to fences, walls, and similar structures.
(4) Elevated walkways and driveways are permitted without elevation
restrictions.
(d) Within the area beginning at a point sixty-five (65) feet waterward
from the centerline of the levee and extending waterward a maximum of
one hundred and fifty ( 1 50) feet from the centerline of the levee, the fol-
lowing conditions apply:
( 1 ) Securely anchored fences and structures are permitted.
(2) Dwellings are permitted, if the finished floor level is at least two
(2) feet above the design flood plane or two (2) feet above the 100-year
flood elevation, whichever is higher.
(3) The finished floor level of any addition to an existing dwelling shall
be at least two (2) feet above the design flood plane or two (2) feet above
the 100-year flood elevation, whichever is higher.
(4) Dwellings and appurtenant structures are permitted within four-
teen (14) feet of the top of the riverbank, provided the riverbank is re-
vetted to board standards.
(5) Dwellings and appurtenant structures are not permitted within
thirty (30) feet of the top of an unrevetted riverbank.
(e) Within the area beginning at a point one hundred and fifty (150)
feet waterward from the centerline of the levee and extending waterward
to the top of riverbank, the following conditions apply:
( 1 ) Dwellings and fences are not permitted.
(2) Securely anchored structures that do not protrude above natural
ground level may be allowed.
(3) Additions may be made to existing dwellings if the addition ex-
tends no farther into the floodway than the original dwelling.
(4) The finished floor level of any addition to an existing dwelling shall
be at least two (2) feet above the design flood plane or two (2) feet above
the 100-year flood elevation, whichever is higher.
(f) Materials or equipment stored within the floodway must be secure-
ly anchored or removed prior to the flood season.
(g) Downed trees or brush and other floatable material of any kind are
not permitted to remain within the floodway during the flood season.
(h) The board permit approving the construction of a dwelling shall
run with the land, pursuant to a recorded document executed pursuant to
section 16(f).
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8370,
8608 and 8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 134. Supplemental Standards for the Yuba
River — Daguerre Point Dam to Confluence with
the Feather River.
These standards are for dwellings and structures within the Yuba River
floodway between Daguerre Point Dam and the confluence with the
Feather River. These standards supplement and, where in conflict with,
supersede the standards in sections 1 1 1 through 137.
(a) The following definifion applies to this section:
(1) Permanent Dwelling - "Permanent Dwelling" means a dwelling
that may be occupied throughout the year.
(b) The lower Yuba River flood channel is divided into Areas A. B, and
C, as delineated on Figure 8.11. Area A is the flow area required to carry
one hundred fifty thousand (150,000) cubic feet per second (cfs). Area
A and Area B combined is the flow area required to carry two hundred
thirty-five thousand (235,000) cfs. Area C is the remainder of the flood-
way within the flood control project levees. A map identifying the exact
locations of Areas A, B and C, entitled "1995 Designated Floodway,
Yuba River" is incorporated by reference into this regulation. The full-
size map is available for inspection at the office of the board in Sacramen-
to.
(c) Encroachments in Area A must conform to the general standards
of this fide, except that new dwellings for seasonal occupancy (as defined
in secdon 1 13) and structures are not permitted.
(d) Encroachments in Area B must conform to the general standards
of this title except that dwellings, structures, and mobile homes may be
permitted in substantial areas of shallow flooding (water depth one ( 1 )
foot or less in a hundred-year flood) if they satisfy the requirements of
subdivision (e) of this secfion and the requirements of section 1 13(d).
(e) Area C is considered a "zone B" as provided in section 1 13. En-
croachments in Area C must conform to the general standards of this divi-
sion, and in addifion, meet the following requirements:
(1) The design flood plane for construcfion of permanent dwellings
must correspond to the two hundred thirty-five thousand (235,000) cfs
flow line or 100-year flood elevation, whichever is higher.
(2) New permanent dwellings are not permitted in Area C unless a safe
evacuafion route, satisfactory to the board, is available for the dwelling's
residents.
(3) Roads that would be used to evacuate residents must be constructed
to at least the one hundred fifty thousand ( 1 50,000 cfs flow line elevation.
100-year flood elevation, or at natural ground elevation, whichever is
highest and may not unreasonably obstruct floodflows.
(4) The board may require the owner of a dwelling, pursuant to section
1 6, to execute an agreement in which the owner agrees to evacuate all res-
idents and guests upon order of an authorized government official when
flooding is forecasted for the area.
NOTE; Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609, and 8710, Water Code.
History
1. New section and figure 8.1 1 filed 9-30-96; operative 10-30-96 (Register 96,
No. 40).
Page 4.40
Register 96, No. 40; 10-4-96
CTQ
|i I S^j^v i/^ii
-" ~f.^L ..T>i^^^'
1995
DESiGNATHD PUOODWAY, YUBA RlVEH
Hiohwsv 70 Bndg» to Dwgusrre Point Dam
§135
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 135. Supplemental Standards for Butte Basin.
The standards apply to Butte Basin, as delineated on Figure 8.12 and
partitioned into designated Areas B, C, D, E. and Reclamation District
1 004. The basin' s west boundary is the Sacramento River east bank proj-
ect levee, and above the Ord Ferry area where there is no project levee,
the boundary is the designated floodway of the Sacramento River
adopted November 29, 1988. The east boundary is based on the wetted
area of the 1970 flood. The north boundary is the Sacramento River des-
ignated floodway in the proximity of Murphy Slough and Golden State
Island, and the south boundary is the Sacramento River between the city
of Colusa and the Butte Slough outfall gates, a section of the Butte Slough
levee in both Colusa and Sutter Counties, and Pass Road in Sutter
County. These standards supplement and, where in conflict with, super-
sede the standards in section 1 1 1 through section 137.
(a) Approval from the board is required for any encroachment that
could reduce or impede floodflows, or would reclaim any of the flood-
plain within Butte Basin.
( 1 ) Encroachments in Reclamation District 1004 are not regulated by
the board.
(2) The supplemental standards do not apply to that portion of Area E
located north of the Butte-Sutter County line and its extension westward
into Colusa County, and situated adjacent to the Sacramento River proj-
ect levee where the natural ground level is higher than the 1 00-year flood
elevation.
(3) Except where the activity would potentially affect a project levee
or other project feature, the standards within sections 1 16, 122, 123, 124,
126. 127, 129, 130, 131, 132, and 137 do not apply to that portion of Area
E located south of the Butte-Sutter County line and its extension west-
ward into Colusa County.
(b) Approval from the board is not required for crop checks less than
thirty-six (36) inches in height. In Areas B, C and D, all crop checks must
be removed prior to flood season, unless they comply with the require-
ments of subdivisions (d), (e), and (f), respectively.
(c) Except where the activity would potentially affect a project levee
or other project feature, approval from the board is not required for land
leveling or grading, or for drainage and irrigation improvements in Areas
C, D, and E that have a localized impact only and comply with subdivi-
sions (e), (0, and (g) of this section.
(d) Within Area B, approval from the board is not required for any en-
croachment that is less than eighteen ( 1 8) inches in height above the natu-
ral ground level. However, any proposed encroachment within a slough
or swale must be approved by the board. Area B extends southerly from
Butte Basin's northerly boundary to a line located one thousand (1,000)
feet southeasterly and lying parallel to the Parrott Grant line.
(e) Within Area C, approval from the board is not required for any en-
croachment less than thirty-six (36) inches in height above the natural
ground level, and having a crest elevation less than seventy and one tenth
(70. 1 ) feet (NGVD). Area C is the area enclosed within a three- (3) mile
radius measured from the center of Moulton Weir and limited by the
southeasterly extensions of the north and south training levee alignments
to the three- (3) mile arc.
(f) Within Area D, approval from the board is not required for any en-
croachment less than thirty-six (36) inches in height above the natural
ground level and having a crest elevation less than fifty-four and nine
tenths (54.9) feet (NGVD). Area D encompasses the Colusa Weir togeth-
er with its outflow channel enclosed by training levees, and an overflow
area extending to Butte Creek.
(g) Within Area E, approval from the board is not required for any en-
croachment less than thirty-six (36) inches in height above the natural
ground level . The northern boundary of Area E is a line located one thou-
sand ( 1 ,000) feet southeasterly of the south Parrott Grant line, and the
southern boundary is formed by the Sacramento River between the city
of Colusa and the Butte Slough outfall gates, a section of the Butte Slough
levee in both Colusa and Sutter Counties, and Pass Road in Sutter
County.
(h) Within that portion of Area E located south of Gridley Road, new
and existing recreational structures, including caretaker, security, and
dwellings for seasonal occupancy (as defined in section 1 1 3) may be per-
mitted provided the finished floor level of the structure is at least two (2)
feet above the design flood plane or two (2) feet above the 100-year flood
elevation, whichever is higher.
Note: Authority cited: Section 8571, Water Code. Reference: Sections 8608,
8609 and 8710, Water Code.
History
1. New section and fieure 8.12 filed 9-30-96; operative 10-30-96 (Register 96,
No. 40).
Page 4.42
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§135
?^ A^ A
•
Page 4.43
Register 96, No. 40; 10-4-96
§136
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 136. Supplemental Standards for Yolo Bypass and Sutter
Bypass.
It is the board's policy to permit agricultural land use and the develop-
ment of suitable wetlands within the Yolo Bypass and Sutter Bypass. The
supplemental standards protect the flood control functions of the Yolo
and Sutter Bypasses, safeguard existing agricultural land use, and control
the development of proposed wetlands.
(a) Final detailed plans for all construction, grading and planting must
be submitted to and approved by the board prior to the start of work.
(b) A detailed operation and maintenance plan must be submitted to
and approved by the board prior to the start of work.
(c) A profile of the existing levee crown roadway and access ramps
that will be utilized for access to and from the construction area must be
submitted to the board prior to the start of work.
(d) Any damage to the levee crown roadway or access ramps attribut-
able to the construction or maintenance of croplands or wetlands must be
promptly repaired by the permittee.
(e) The planting of vegetation or the impoundment of water is not per-
mitted within one thousand (1,000) feet of the Fremont Weir structure.
(f) The planting of vegetation or the impoundment of water shall not
be permitted in any area where there could be an adverse hydrauUc im-
pact.
(g) Irrigated and nonirrigated pastures and croplands are allowed with-
out permit from the board when consistent with the board's flo wage ease-
ments.
(h) The planting of vegetation is generally permitted for the develop-
ment of native marsh, riparian vegetation, and wetlands.
(i) Rooted vegetation and aquatic beds of floating (nonrooted) or sub-
merged vegetation are generally permitted to be established in ponded
water.
(j ) The depth of ponded water must be controlled to prevent the growth
of unauthorized vegetation that could adversely affect the operation of
the flood control project.
(k) No permanent berms or dikes are permitted above natural ground
elevation without a detailed hydraulic analysis except where otherwise
expressly provided for in reservations contained in easement deeds to the
Sacramento and San Joaquin Drainage District.
(/) Required maintenance may include removal, clearing, thinning,
and pruning of all vegetation direcfly or indirecUy resulting from the per-
mitted project.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections 8608 and
8710, Water Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 137. Miscellaneous Encroachments.
The following standards are to be used as a guide in making applica-
tion to the board for miscellaneous encroachments. Not all possible mis-
cellaneous encroachments, the number being unlimited, are listed. Those
listed are typically the type proposed by residents within an adopted plan
of flood control, and those necessary because of governmental require-
ments.
(a) Tanks used for storage of water or other liquids are not permitted
within a levee section or within ten (10) feet of the levee toe. If placed
within the floodway, or if placed in the projected levee section and within
twenty-five (25) feet of the levee toe, a permit is required.
(b) Landside water retention basins must be located outside of the proj-
ected levee section and a minimum distance of twenty- five (25) feet
from the levee toe plus any additional distance that may be determined
to be required to control seepage.
(c) Steps for access on levee slopes must conform to the following cri-
teria:
(I) Steps must be constructed of material resistant to deterioration. Ac-
ceptable materials include, but are not limited to, concrete, masonry,
stone, pressure treated lumber, iron, and steel.
(2) Steps constructed on the waterward levee slope must be properly
anchored to prevent movement during high water.
(3) Excavation in the levee slope made for the construction of steps
may not exceed twelve (12) inches in depth.
(4) Steps must be constnicted flush with the levee slope.
(5) Handrails are not permitted on steps if they interfere with levee
maintenance unless they are required by law.
(6) Handrails, where permitted on waterward levee slopes, shall be de-
signed to give way when subjected to debris loading.
(7) The permittee is responsible for the maintenance of steps and hand-
rails.
(8) Revetment on a levee slope or streambank that is destroyed or dis-
turbed during the construction of steps must be restored to its original
condition by the permittee.
(d) Horizontal (elevated) access ways, with or without handrails, are
permitted above the landside and waterward slopes of the levee if they
do not interfere with levee maintenance and conform to the following cri-
teria:
(1) Horizontal access ways may not exceed four (4) feet in width un-
less the levee slope immediately beneath the access way is revetted to
board standards.
(2) The bottom of the stringers of horizontal access ways above the wa-
terward levee slope must be a minimum of three (3) feet above the design
flood plane elevation.
(3) Handrails on access ways may not extend onto the levee crown.
(4) On a levee where the crown is less than fourteen (14) feet in width,
handrails must be a minimum of seven (7) feet from the centerline of the
levee.
(5) Access way supports, or piers, must be constructed so as to mini-
mize the possibility of trapping and accumulating floating debris.
(6) Revetment on a levee slope or streambank that is destroyed or dis-
turbed during the construction of a walkway must be restored to its origi-
nal condition by the permittee.
(7) Maintenance of an access way and the adjacent levee slope is the
responsibility of the permittee, and any erosion of the levee slope must
be promptly repaired.
(e) Mailboxes, when required by the U.S. Postal Service, are permitted
on a levee section and must be placed at the extreme outer edge of the le-
vee crown. If the levee crown is less than fourteen (14) feet in width, the
mailbox must be a minimum of seven (7) feet from the centerline of the
levee.
(f) Traffic control signs, directional or informational signs, and signs
providing for public safety are permitted on a levee slope or on the edge
of a levee crown.
(g) Bus shelters are permitted on a levee section where sufficient area
is available for safe operation of vehicles, and the bus shelter is at least
seven (7) feet from the centerline of the levee.
(h) Livestock grazing on levee slopes shall be controlled to prevent
overgrazing and the development of livestock trails.
(i) The storage of materials or equipment, unless securely anchored,
downed trees or brush, and floatable material of any kind are not allowed
within a floodway during the flood season as defined in Table 8. 1 .
(j) Structures and the storage of material or equipment are not per-
mitted on levee slopes.
(k) Structures, materials, and equipment may be placed on the levee
crown if they do not prevent inspection and maintenance of the levee, ob-
struct floodlight procedures, and the following additional requirements
are met:
(1) There is adequate levee crown width to provide a minimum of
twenty (20) feet of unobstructed clearance for two-way vehicular traffic.
(2) Where a public road or highway is on the levee crown, the design
width of the roadway including the roadway shoulders must remain clear.
(3) Materials or equipment may not be stored within fourteen (14) feet
of the landward levee shoulder.
•
Page 4.44
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§193
•
•
(4) Materials or equipment may be stored to withiin fourteen (14) feet
of the waterward levee shoulder provided the waterward levee slope is
revetted to board standards.
(5) Materials or equipment may not be stored within thirty (30) feet of
the waterward levee shoulder of an unrevetted levee.
(/) Seismic surveys near a levee or within a floodway must meet the
following criteria:
( J ) Horizontal shear energy sources may not be used on any levee sec-
tion or within fifty (50) feet of the levee toe. In areas having soils espe-
cially susceptible to damage, a more stringent control may be required.
(2) Energy charges for surveys must be a minimum distance of two
hundred (200) feet from the levee toe.
(3) Energy charges for surveys must not exceed one (1) pound of
charge per one hundred (100) feet of distance from the levee toe.
(4) Electrical cables used in seismic surveys may not interfere with pe-
riodic inspections and maintenance of flood control facilities or with
flood fight procedures.
NOTE: Authority cited: Section 8571, Water Code. Reference: Sections
8609 and 8710, Water Code.
History
1 . New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
Article 9. Regulations for Implementation
of the California Environmental Quality Act
§190. Purpose and Authority.
These regulations are adopted by The Reclamation Board pursuant to
Public Resources Code section 21082 to implement, interpret, and make
specific those provisions of the California Environmental Quality Act
which supplement the requirements of the regulations promulgated by
The Secretary of the Resources Agency (Title 14, California Code of
Regulations, commencing with Section 15000, hereinafter referred to as
the "CEQA Guidelines").
NOTE: Authority cited: Section 2 1 082, Public Resources Code; Section 857 1 , Wa-
ter Code. Reference: Section 21082, Public Resources Code.
History
1. New article 9 (sections 190 through 193) and section filed 9-30-96; operative
10-30-96 (Register 96, No. 40).
§ 191. Incorporation of California Environmental Quality
Act Guidelines.
(a) The CEQA Guidelines are hereby incorporated by reference as if
fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given
them in the CEQA Guidelines, unless the context clearly requires a dif-
ferent meaning.
NOTE: Authority cited: Section 21 082, Public Resources Code; Section 8571 , Wa-
ter Code. Reference: Section 21082, Public Resources Code.
History
L New section filed 9-30-96; operafive 10-30-96 (Register 96, No. 40).
§ 192. Fees for Preparation of Negative Declaration or EIR.
(a) The board may charge and collect a reasonable fee from an appli-
cant proposing a project for which the board must prepare an environ-
mental impact report (EIR) or initial study and negative declaration. The
fee will be an amount which will cover the costs incurred by the board
or the department in preparing such EIR or initial study or negative decla-
ration, and for procedures necessary to comply with CEQA.
(b) Where the board will charge a fee for the preparation of an EIR or
initial study and negative declaration, it shall collect a deposit as pro-
vided in Section 503 of this title which is incorporated by reference.
(c) The board shall separately account for the deposit collected and the
charges thereto. The status of the account shall be provided to the project
proponent at regular periodic intervals established by mutual agreement.
A final accounting shall be rendered by the board after the final EIR or
negative declaration is considered and adopted or when the environmen-
tal review is otherwise terminated.
(d) If the final accounting shows that the deposit exceeds the actual
costs incurred by the board, the excess shall be refunded. If the actual
costs exceed the amount of the deposit, the project proponent shall be
billed and pay the difference.
(e) The board may adjust or waive deposits or fees for minor projects.
NOTE; Authority cited: Section 2 1082, Public Resource.s Code; Section 857 1 , Wa-
ter Code. Reference: Section 21089, Public Resources Code.
History
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
§ 193. Categorically Exempt Activities.
In compliance with the requirements of the CEQA Guidelines, the fol-
lowing list of categorically exempt activities of the board has been estab-
lished. This list is subject to the limitations on categorical exemptions set
forth in the provisions of the state CEQA Guidelines. This list does not
preclude categorical exemptions for other activities pursuant to CEQA
or the CEQA Guidelines.
(a) Class 1 consists of operation, maintenance, or minor alteration of
the following facilities where there is negligible or no expansion beyond
that previously existing:
(1) Project works and related facilities;
(2) Nonproject levees and related facilities;
(3) Other flood control works which are the statutory responsibility of
the department or which are the responsibility of the department as a
"maintenance area;
(4) Flood control works of agencies with which the board has a local
cooperation agreement, local cost sharing agreement or similar agree-
ment;
(5) Existing encroachments.
(b) Class 2 includes replacement or reconstruction of existing struc-
tures and facilities where necessary at the facilities listed in Class I.
(c) Class 3 includes the location and construction of minor accessory
structures and the installation of new equipment where necessary at the
facilities listed in Class I.
(d) Class 4 includes approval of minor public or private alterations to
land, or vegetation not involving the removal of mature and scenic trees,
where necessary at the facilities listed in Class I.
(e) Class 5 includes the approval of minor encroachment permits, li-
censes, board designation of floodways pursuant to Water Code section
8609, and any board approval of existing encroachments.
(f) Class 6 includes the collection of basic data, research and experi-
ments carried out by the board or Department, their officers and em-
ployees, which are necessary for planning and feasibility studies, investi-
gations and preparation of environmental documents.
(g) Class 9 includes the inspection of the facilities listed in Class I and
other approved encroachments or existing nonconforming encroach-
ments.
(h) Class 12 includes the sale or exchange of surplus property, as lim-
ited by the CEQA Guidelines. Class XII also includes the issuance or
grant of a license, lease, easement, or agreement pursuant to section 1 9.
(i) Class 13 includes acquisition of land for fish and wildlife conserva-
tion or mitigation purposes where the land will be preserved in its natural
condition or where the habitat will be enhanced for fish and wildlife pur-
poses.
(j) Class 14 includes acquisition, sale, or transfer of land for park or
similar purposes as limited by the CEQA Guidelines.
(k) Class 21 includes the enforcement of the orders, terms, or condi-
tions of approvals or permits of the board.
(/) Class 25 includes acquisition or transfer of land that will preserve
open space as limited by the CEQA Guidelines.
NOTE: Authority cited: Section 8571, Water Code; and Section 2 1082, Public Re-
sources Code. Reference: Section 21080.1 and 21082. Public Resources Code;
Sections 8361 and 12878.21, Water Code; Title 14. California Code of Regula-
tions, Sections 15300.4, 15301, 15302, 15303, 15304, 15305, 15306. 15309.
15312, 15313, 15314, 15321, 15325.
History
1. New section and appendix A filed 9-30-96; operative 10-30-96 (Register 96.
No. 40).
Page 4.45
Register 96, No. 40; 10-4-96
§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
APPENDIX A
STATE OF CALIFORNIA
THE RESOURCES AGENCY
THE RECLAMATION BOARD
1416 Ninth Street. Room 455-8
Sacramento, California 95814
Telephone: (916) 653-5726
FAX (916) 653-5805
GENERAL INFORMATION
REGARDING APPLICATIONS FOR ENCROACHMENT PERMITS
These instructions will provide you with information on how to prepare your application for a Reclamation
Board encroachment permit.
Approval by the Board is required for projects or uses which encroach into rivers, waterways, and floodways
within and adjacent to federal and State authorized flood control projects and within designated floodways
adopted by the Board. You must obtain Board approval before you begin certain uses or construction work
on any proposed project within these areas.
The Board exercises jurisdiction over the levee section, the waterward area between project levees, a
10-foot-wide strip adjacent the landward levee toe, within 30 feet of the top of the banks of unleveed project
channels, and within designated floodways adopted by the Board. Activities outside of these limits which
could adversely affect the flood control project are also under Board jurisdiction. Maps of designated flood-
ways are available for inspection at the Board's office in Sacramento, city and county planning or public
works departments, and county recorders' offices. Questions relative to proposed projects or uses which may
require Board approval should be directed to The Reclamation Board, Attention: Floodway Protection Sec-
tion, 1416 Ninth Street, Room 455-8, Sacramento, California 95814, or telephone (916) 653-5726.
Four copies of the completed application and drawings, one completed copy of the Environmental Question-
naire, and any other environmental documents must be submitted. The application must be made on forms
provided by the Board and must contain the following information:
1 . A concise description of the proposed project or use.
2. The county, section, township, range, and the base and meridian in which the proposed project or uses
are located.
3. The name, address, telephone number, and FAX number (if any) of the applicant.
4. An endorsement must be obtained from the reclamation, levee, or flood control district responsible for
levee maintenance. Special conditions may be added to the permit at the request of the district. If the
maintaining district delays or declines to endorse the application, it may be submitted to the Board with-
out endorsement with a written explanation as to why the application was not endorsed by the maintain-
ing district.
5. A current list of the names and addresses of all the adjacent property owners.
6. If applicable, provide the name and address of the Lead Agency responsible for preparing environmental
documentation regarding the proposed project as required by the California Environmental Quality Act
of 1970. The environmental questionnaire provided by the Board must be completed and submitted as
part of your application.
7. Four copies of exhibits and drawings depicting the project or use.
8. At least two color photographs (polaroids or snapshots are acceptable) showing different views of the
project site. Include captions which explain what the photograph is depicting.
9. The name and address of the owner of the proposed project or use if different from the person filing the
application.
You should include with your application any additional information that would be helpful in evaluating
your proposed project or use.
The application must be signed and dated.
•
Page 4.46 Register 96, No. 40; 10-4-96
Title 23 Reclamation Board § 193 App. A
Your completed application may be mailed or delivered in person to:
The Reclamation Board
Attention: Floodway Protection Section
1416 Ninth Street, Room 455-8
Sacramento, California 95814
The Board has adopted standards for work which encroaches into the area under its jurisdiction. Copies of
the standards are available upon request. A typical levee cross section and terminology are presented in Ex-
hibit 1.
Minimum Requirements and Format for Drawings
1 . The following information is required to evaluate the work described in your application. Additional
information may be required depending upon the nature of the project.
A. The title block of each sheet should identify the proposed activity and include the name of the appli-
cant, number of the sheet, total number of sheets in the set, and date the drawing was prepared.
B. The name of the stream, river mile, scale, north arrow, datum reference, and other information as
required.
C. The exact location of the proposed project in relation to identifiable landmarks.
D. Plan and elevation views of the proposed project or use and the proximity of the proposed project
or use in relation to existing facilities, property lines, levees, streams, etc.
E. Drawings of levee cross sections or profiles must indicate the elevations of levee crowns, toes, low-
water surface, and design flood plane. These drawings should include horizontal and vertical scales
and must be referenced to a known elevation datum.
2. Please use the following format:
A. Prepare the drawings on 8-l/2-by-l 1-inch sheets (when possible) in accordance with the general
format depicted in Exhibits 2, 3, and 4.
B. Allow a 1-inch binding margin on the top side of each sheet.
C. Because additional copies of the drawings may have to be reproduced photographically, color shad-
ing cannot be used. Drawings must show shading as dot shading, cross hatching, or similar graphic
symbols.
Application Processing
Upon receipt of an application, a general review is made to determine if it is adequately complete to begin
processing. If the application is found to be complete, it will be assigned a number and a letter will be sent
to the applicant acknowledging receipt of the application. The Board will send a notice of the pending appli-
cation to the adjacent property owners. If, during the review process, the application is found to be incom-
plete, it will be returned or the apphcant will be advised by letter of the deficiencies in the application. If these
deficiencies are not corrected within a reasonable time limit, processing of the application will be terminated.
The applicant may be notified of a need for additional studies.
A copy of the application is sent to the U.S. Army Corps of Engineers for review and comment.
The Board staff performs some level of environmental review of the potential impacts of the proposed proj-
ect or use.
The project or use described in the permit issued on each approved application is subject to 1 2 general condi-
tions. A number of special conditions may be added to the approved permit depending on the nature of the
proposed activity.
The majority of applications filed are approved by the Board's General Manager. If the General Manager
denies an application, the applicant has the right to appeal to the Board. Requests for Board consideration
should be in writing and should include a statement of facts as to why an appeal is being made to the Board.
Applications which must be considered by the Board are placed on the agenda of the next regular Board
meeting. The applicant and all interested parties are notified of the meeting and may appear and present their
views to the Board for its consideration.
After an application has been approved by the Board, any requests for revisions to the proposed or completed
project which have not been approved by the Board must be submitted in writing to the Board for approval.
Revised applications are processed in the same manner as new applications.
Page 4.47 Register 96, No. 40; 10-4-96
§193App.A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Acceptance of a Permit
You must notify the Department of Water Resources ten days before construction begins by mailing the prc-
addressed start card furnished by the Board when the permit is issued. This card will contain the current ad-
dress and telephone number of the Department of Water Resources' Flood Project Inspection Section which
provides inspection services on behalf of the Board. The beginning of any work described in the permit con-
stitutes acceptance by the applicant that work will be done in compliance with the general and special condi-
tions listed in the permit.
Inquiries about procedures or other details may be made in person or by correspondence to The Reclamation
Board, Attention: Floodway Protection Section, 1416 Ninth Street, Room 455-8, Sacramento, California
95814; by FAX at (916) 653-5805; or by calhng (916) 653-5726. Please include the Board's application
number when inquiring about an application.
Page 4.48 Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§193App.A
Exhibit 1
Project Lev«e Standards and Tarminology
Channel
LEFT SIDE
To» of ritmf bank^ 1
Channel botfo/fr
RIGHT SIDE
TYPICAL FLOOOWAY
LOOKING DOWNSTREAM
NOT TO SCALE
ITEM
MINIMUM DIMENSIONS
OF STANDARD LEVEE SECTIONS
MAIN RtVER
CHANNELS
MAJOR
JRteUTARIES
MINOR
TRIBUTARIES
fff PAS,SK.<i
CROWN W(CTN
20'
20'
12'
20'
LAND SLOPE
1 on 2
1 on 2 1 1 on 2
1 an 2
WATER SLOPE
1 on 3
1 on 3
1 on 3
1 on 3
FREEBOARO
3- *"
3'
3'
4' to 6'
PATROL ROAO WIDTH
t2*
12'
10'
12'
NOTE \\\ 5 r^tvt on Main
ChonncI btiow Cache Slauqii (Sacramttnto
'iverl
Page 4.49
Register 96, No. 40; 10-4-96
§193App.A
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
EXHIBIT 2
/w>^o-=cr:«»^* '»*
Bfi€AK£R
— s 27ee
3c:'
/o
SJfOiJ*JO :iJhl£'\
ANC^R 8iJXKS
1
■fO
+--
I
•3*00
2*00
< SCAiS HO/^/Z J"' SO'
uoo
£i (iA7£
— cr — t) • '
^IVef^ MILE' 54.6S
lei/eeM/ie- //,74
STAT f ON' ZSlHSiL
PATROL ROAD
mTM W€ PlCiAl»AT/0/iJ BOA/tD
STAND A/iDS / .inaPICATlOhiS,
Page 4.50
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§193App.A
EXHIBIT 3
EteVATlOM
d*,tl/ka- matioual CeoOtTic viettCAL.
o (o 2o Peer v»«tical
1 I I
A lo zo so 4o &} Ferr HoRizoigrAL
I ■ I ' '
MOJier s)n
io* M^»'#^ /•/. </ ^
Aitftjift^an yo/y0
'£M/mfma Pump
« o» < [
VICJWITY MAP
»CAH iw ^%%-r
FMPC$(0 UUHSmCVH
OF trOfA. Snil OUUALl
fOUei MAIN
CITY Of 9AC«AMeWT0
1^5 I smeiT
SACKAMthJTO CA.9SSI4.
DAT TlMB PHOhJE (^1^) 4*^-%20l
Sheei /of 1
3 • to- SO
Page 4.51
Register 96, No. 40; 10-4-96
§ 193 App. A
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
EXHIBIT 4
I Approx ?.SO Cu Yds of Son A Afo/er/O'
, /o ^* Remoi'-ed f j^/ocec on
Up/One/ Prooeffy
t
^Af>,C*-otK^»^ of 3*fnn
^/otf^//»y Oac^
200'
3acrorr>*f>fo Rf^^f ^/Of^
91M View
SACAAMCMTD
VICIWITY MAP
o 1 X s 4
< I I.I I
Design Flood P / pne 3i.S*
.^^.
/do ' To ^ of LCi^ee
i^ — yu: -.
/tamp
O0ek 4" ^o^f^ f/oo^o^fOrt
SSZCu fdS. of J^ock.
Ma*s a/<a^ff S^o*-€
ClIVATION
I I I I H I 1 1 I <
to rtir
\ ^T X. \ DATUM- wATidwAL aroocrie vtnTicAt
PItOPOSfO &ANIC PROrCCTION
^ DOCK srsrcM
OM TNI SACI^AMfNT^ HfVffR
Page 4.52
Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§ 193 App. A
STATE OF CALIFORNIA
THE RESOURCES AGENCY
THE RECLAMATION BOARD
SAMPLE
00000 CM
SAMPLE
PERMIT NO.
This Permit is issued to:
Mr. John Doe
John Doe Irrigation District
1234 Any Street
Anywliere, California 00000
To install a 60-inch-diameter water pipeline within a 78-inch-diameter casing and a
24-inch-diameter water pipeline within a 42-inch-diameter casing under Any Stream.
The project is located in the City of Anywhere approximately 1 ,400 feet upstream from
The Road. Section 00, TOS, ROOE, M.D.B.&M., Any Stream, Sacramento County
NOTE: Special Conditions have been incorporated herein which may place
limitations on and/or require modification of your proposed project
described above.
The Reclamation Board, on the day of ,
19 , approved this application and the plans attached thereto. Permission is granted to proceed with the work described in
this application, which is incorporated herein by reference, subject to the following General and Special Conditions.
(SEAL)
Dated:
General Manager
GENERAL CONDITIONS:
ONE: This permit is issued under the provisions of Sections 8700 - 8723 of the Water Code.
TWO: Only work described in the subject application is authorized hereby.
THREE: This permit does not grant a right to use or construct works on land owned by the Sacramento and San Joaquin Drainage
District or on any other land.
FOUR: The approved work shall be accomplished under the direction and supervision of the State Department of Water Re-
sources, and the permittee shall conform to all requirements of the Department and The Reclamation Board.
FIVE: Unless the work herein contemplated shall have been commenced within one year after issuance of this permit, the Board
reserves the right to change any conditions in this permit as may be consistent with current flood control standards and policies
of The Reclamation Board.
SIX: This permit shall remain in effect until revoked. In the event any conditions in this permit are not complied with, it may
be revoked on 15 days' notice.
SEVEN: It is understood and agreed to by the permittee that the start of any work under this permit shall constimte an acceptance
of the conditions in this permit and an agreement to perform work in accordance therewith.
(over)
Page 4.53
Register 96, No. 40; 10-4-96
§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
EIGHT: This permit does not establisii any precedent with respect to any other application received by The Reclamation Board.
NINE: The permittee shall, when required by law, secure the written order or consent from all other public agencies having juris-
diction.
TEN: The permittee is responsible for all personal liability and property damage which may arise out of failure on the permittee's
part to perform the obligations under this permit. If any claim of liability is made against the State of California, or any depart-
ments thereof, the United States of America, a local district or other maintaining agencies and the officers, agents or employees
thereof, the permittee shall defend and shall hold each of them harmless from each claim.
ELEVEN: The permittee shall exercise reasonable care to operate and maintain any work authorized herein to preclude injury
to or damage to any works necessary to any plan of flood control adopted by the Board or the Legislature, or interfere with the
successful execution, functioning or operation of any plan of flood control adopted by the Board or the Legislature.
TWELVE: Should any of the work not conform to the conditions of this permit, the permittee, upon order of The Reclamation
Board, shall in the manner prescribed by the Board be responsible for the cost and expense to remove, alter, relocate, or recon-
struct all or any part of the work herein approved.
SPECIAL CONDITIONS:
THIRTEEN: That all work shall be in accordance with the submitted drawings and specifications dated December 1 991 except
as modified by special permit conditions herein. No further work, other than that covered by this permit, shall be done in the area
without the prior approval of The Reclamation Board.
*FOURTEEN: That in the event trees and brush are cleared, they shall be completely burned or otherwise removed from the
overflow area of Dry Creek, and no downed trees or brush shall be allowed to remain in the floodway during the flood season
between November 1 and April 15.
*FIFTEEN: That no excavation shall be made or allowed to remain in the creek banks between November 1 and April 15.
SIXTEEN: That the backfill material for the bore pit and receiving pit excavation shall be placed in layers and compacted to
a density equal to that of the adjacent undisturbed material.
SEVENTEEN: That the work area shall be restored to at least the same condition that existed prior to commencement of work.
EIGHTEEN: That the permittee shall assume all responsibility for protection, relocation, or removal of the permitted project
works if required by the Board.
NINETEEN: That the applicant shall provide inspection services acceptable to the Board. A civil engineer registered in the State
of California shall certify that all work was thoroughly inspected and performed in accordance with the submitted plan drawings,
specifications, and permit conditions.
TWENTY: The permittee shall notify the Department of Water Resources by telephone, (916) 445-6386, at least ten working
days prior to start of work.
*November 15 to July 20 depending on location of stream.
Page 4.54 Register 96, No. 40; 10-4-96
Title 23
Reclamation Board
§ 193 App. A
State of California
Agency
THE RECLAMATION BOARD
Application No.
(For Office Use Only)
APPLICATION FOR A PERMIT
The
Resources
1 . Description of proposed work:
2. Location:
Township:
3.
(N)
(S), Range
Name of Apphcant
County, in Section
(E)
(W), M.D.B.&M.
of
Address
City
4. Endorsement: (of Reclamation District)
We, the Trustees of
State
ZIP Code
Telephone Number
FAX Number
District Name and Number
approve this plan, subject to the following conditions:
I I Conditions listed on back of this form [[] Conditions Attached
I I No Conditions
Trustee
Date
Trustee
Date
5. Names and addresses of adjacent property owners sharing a common boundary with the land upon which the contents of this
application apply. If additional space is required, list names and addresses on back of the application form or an attached sheet.
Name
Address
ZIP Code
6. Has an environmental determination been made of the proposed work under the California Environmental Quality Act of
1970? r-J Yes □ ^o j— j Pending
If yes or pending, give the name and address of the lead agency and State Clearinghouse Number:
SCH NO.
DWR 3615 (Rev. 4/94) Side A
Page 4.55
Register 96, No. 40; 10-4-96
§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
7. When is the project scheduled for construction?
8. Please check exhibits accompanying this application.
A. I I Map showing the location of the proposed work.
B. rn Drawings showing plan and elevation views of the proposed work, scale, materials of construction, etc.
C. LJ Drawings showing the cross section dimensions and elevations of levees, berms, stream banks, tlood plain, low
flow, etc.
D. rn Drawings showing the profile elevations of levees, berms, flood plain, low flow, etc.
E. Q Photograph depicting the project site.
9. Is the applicant acting for the owner of the proposed works? | | Yes | | No
If yes, the name, address and telephone number of the owner is
Signature of Applicant Date
For additional information:
DWR 3615 (Rev. 4/94) Side B
Page 4.56 Register 96, No. 40; 10-4-96
Title 23 Reclamation Board § 193 App. A
ENVIRONMENTAL ASSESSMENT QUESTIONNAIRE
FOR APPLICATIONS FOR RECLAMATION BOARD ENCROACHMENT PERMITS
This environmental assessment questionnaire must be completed for all Reclamation Board applications.
Please provide an explanation where requested. Incomplete answers may result in delays in processing per-
mit applications. Failure to complete the questionnaire may result in rejection of the application.
1. Has an environmental assessment or initial study been made or is one being made by a local or State
permitting agency in accordance with the California Environmental Quality Act?
Yes No . If yes, identify the Lead Agency, type of document prepared or which
will be prepared, and the State Clearinghouse number:
2. Will the project require certification, authorization or issuance of a permit by any local. State, or federal
environmental control agency?
Yes No . List all other governmental permits or approvals necessary for this
project or use, including U.S. Army Corps of Engineers' 404 and Section 10 permits. State Water Quality
Certification, Department of Fish and Game 1600 agreement, etc. Attach copies of all applicable per-
mits.
3. Give the name and address of the owner of the property on which the project or use is located.
4. Will the project or use require issuance of a variance or conditional use permit by a city or county?
Yes No . Explain:
5. Is the project or use currently operating under an existing use permit issued by a local agency?
Yes No . Explain:
Page 4.57 Register 96, No. 40; 10-4-95
§ 193 App. A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
6. Describe all types of vegetation growing on the project site, including trees, brush, grass, etc.
7. Describe what type of wildlife or fish may use the project site or adjoining areas for habitat, food source,
nesting sites, source of water, etc.
Has the Department of Fish and Game, U.S. Fish and Wildlife Service, or National Marine Fisheries
Service been consulted relative to the existence of, or impacts to, threatened or endangered species on
or near the project site?
Yes No . Explain:
9. Will the project or use significantly change present uses of the project area?
Yes No . Explain:
10. Will the project result in changes to scenic views or existing recreational opportunities?
Yes No . Explain:
1 1. Will the project result in the discharge of silt or other materials into a body of water?
Yes No . Explain:
Page 4.58 Register 96, No. 40; 10-4-96
Title 23 Reclamation Board § 193App.A
12. Will the project involve the application, use, or disposal of hazardous materials?
Yes No . If yes, list the types of materials, proposed use, and disposal plan. Pro-
vide copies of all applicable hazardous material handling plans.
13. Will construction activities or the completed project generate significant amounts of noise'.-'
Yes No . Explain:
14. Will construction activities or the completed project generate significant amounts of dust, ash, smoke,
fumes, or odors?
Yes No . Explain:
15. Will the project activities or uses involve the burning of brush, trees, or construction materials, etc.?
Yes No . Explain, and identify safety and air pollution control measures:
16. Will the project affect existing agricultural uses or result in the loss of existing agricultural lands?
Yes No . Explain:
1 7. Have any other projects similar to the proposed project been planned or completed in the same general
area as the proposed project?
Yes No . Explain and identify any other similar projects:
Page 4.59 Register 96, No. 40; 1 - 4 - 96
§193App.A BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
1 8. Will the project have the potential to encourage, facilitate, or allow additional or new growth or devel-
opment?
Yes No . Explain:
19. Will materials be excavated from the floodplain?
Yes No
THE REMAINING QUESTIONS MUST ONLY BE ANSWERED IF THE ANSWER TO QUESTION
NO. 19 WAS "YES." IF THE ANSWER TO QUESTION NO. 19 WAS "NO," YOU DO NOT NEED TO
COMPLETE THE REMAINING QUESTIONS.
A. What is the volume of material to be excavated?
Annually Total
B. What types of materials will be excavated?
C. Will the project site include processing and stockpiling of material on site?
Yes No . Explain:
D. What method and equipment will be used to excavate material?
E. What is the water source for the project?
F. How will waste materials wash water, debris, and sediment be disposed of?
G. What is the proposed end land use for the project site?
H. Has a reclamation plan been prepared for this site in accordance with the Surface Mining and Rec-
lamation Act of 1975?
Yes No . If yes, please attach a copy.
* * Pi-
page 4.60 Register 96, No. 40; 10-4-96
J^
Barclays Ojficial
California
Code of
Regulations
Title 23. Waters
Division 1.5. Flood Plain Management
Vol. 32
XHOIVISOIM
^ ^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 23
Flood Plain Management
Table of Contents
Division 1.5 Flood Plain Management (Department of
Water Resources and Reclamation Board)
Table of Contents
Page
Page
Article 1
Article 2.
Article 3.
General Provisions
.. . 5
§221.
Designated Floodway Regulations.
§200.
Purpose of Regulations.
§222.
Restrictive Zone Regulations.
§201.
Definitions.
§202.
Official Records.
Article 4.
Review of Proposed
§ 203.
Filing Fees.
Regulations
Notification of Need for
§230.
Types of Review.
Regulations
...5
§231.
§232.
Priority.
Mandatory Review.
§211.
Purpose of Article.
§233.
Voluntary Review.
§212.
Notification.
§213.
Corps of Engineers' Projects.
Article 5.
Studies to Support
§214.
§215.
Soil Conservation Service Projects.
Hood Plain Regulations.
Regulations
§216.
Notification of Noncompliance.
§240.
Responsibility.
Types of Regulations
... 6
§241.
Studies by the Department or
Board.
§220.
General.
§242.
Application for Study.
Page i
Title 23
Flood Plain Management
§213
Division 1.5 Flood Plain Management
(Department of Water Resources and
Reclamation Board)
Article 1 . General Provisions
§ 200. Purpose of Regulations.
These regulations are adopted as an aid to carrying out the provisions
of tlie Cobey-Alquist Flood Plain Management Act. Recognizing that
flood plain regulations are justified only in areas subject to flood hazard,
the Department or the Board shall construe neither these regulations nor
the Act as requiring restrictions on the use of lands which are not subject
to such flood hazard.
NOTE: Authority cited for joint filing of new Chapter 1 .5 by Department of Water
Resources and Reclamation Board: Section 8415, Water Code. Reference: Sec-
tions 8400 et seq.. Water Code.
History
1. New Chapter 1.5 (§§ 200-203, 211-215, 220-222, 230-233, 240-242) filed
5-2-67 by Department of Water Resources and Reclamation Board jointly on
5-2-67; effective thirtieth day thereafter (Register 67, No. 18).
§201. Definitions.
As used in these regulations the terms listed below shall have the
meanings noted:
(a) (Reserved)
(b) (Reserved)
(c) (Reserved)
(d) Design Flood. "Design Flood" shall mean the selected flood
against which protection is provided, or eventually will be provided, by
means of flood protective or control works. When a federal survey has
been authorized the design flood will be determined by the appropriate
federal agency, and in all other cases, it will be determined by the respon-
sible local agency. It is the basis for design and operation of a particular
project after full consideration of flood characteristics, frequencies, and
potentials, and economic and other practical considerations.
(e) Designated Floodway. "Designated floodway" shall mean the
channel of the stream and that portion of the adjoining flood plain re-
quired to reasonably provide for the construction of a project for passage
of the design flood, including the lands necessary for construction of
project levees.
(f) (Reserved)
(g) Flood Plain. "Flood plain" shall mean the relatively flat area or
lowlands adjoining the channel of a river, stream, watercourse, ocean,
lake, or other body of standing water, which has been or may be covered
by floodwater.
(h) Adjoining Flood Plain. "Adjoining flood plain" shall mean that
portion of the flood plain contiguous to a particular river, stream, water-
course, or other body of water which might reasonably be expected to
flood at depths or velocities which could endanger Ufe or where en-
croachment upon which could significantly restrict the carrying capacity
of the floodway under conditions resulting from a design flood. For
streams traversing alluvial cones, the "adjoining flood plain" for pur-
poses of these rules and regulations shall be construed to refer only to the
existing active stream channel area and the immediately adjoining active
overflow area.
(i) Appropriate Pubhc Agency. "Appropriate public agency," as that
term is used in Water Code Section 841 1, shall mean any city, city and
county, county, or other public agency organized, existing, and acting
pursuant to the laws of this State, which is authorized under the laws of
this State to exercise the police power to establish flood plain regulations
within its jurisdiction.
(j) Federal Agency. "Federal agency" shall mean any agency of the
Federal Government which is responsible under federal law for construc-
tion of a flood control project.
(k) Completion of a Federal Project Report.
(1) A federal project report is considered complete, except for small
flood control projects (United States Corps of Engineers) and small wa-
tershed projects (United States Soil Conservation Service), when it is
transmitted to the Congress of the United States for project authorization.
(2) A report on a small flood control project is considered complete
when the final project report is approved by the Chief of Engineers.
(3) A report on a small watershed project is considered complete when
the small watershed plan is approved by the State Conservationist of the
United States Soil Conservation Service.
(1) Act. "Act" shall mean the Cobey-Alquist Flood Plain Management
Act as set forth in Chapter 4 (commencing with Section 8400) of Part 2
of Division 5 of the California Water Code, and any and all amendments
made or which may hereafter be made thereto.
History
1. Amendment of subsections (d) and (I) filed 8-20-74; effective thirtieth day
thereafter (Register 74, No. 34).
2. Order of Repeal of subsections (a-c) and (f) filed 6-3-85 by OAL pursuant to
Government Code Section 11 349.7; effective thirtieth day thereafter (Register
85, No. 26).
§ 202. Official Records.
Official records of the Department or Board may not be taken from the
custody thereof, but access thereto and inspection thereof will be per-
mitted during regular office hours and copies will be made and certified
as required, the expense thereof to be borne by the person requiring the
same.
§ 203. Filing Fees.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2.
Notification of Need for
Regulations
§ 21 1 . Purpose of Article.
This article outlines the procedure that the Department and the Board
will follow to notify pubhc agencies to estabUsh necessary flood plain
regulations.
History
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
§212. Notification.
Pubhc agencies will be notified of prospective requirements for regu-
lations as soon as the Department or Board is informed that a federal
agency has initiated a study for flood control. The sequence of notifica-
tion is described in the following sections.
§ 213. Corps of Engineers' Projects.
The Corps of Engineers notifies the Department and the Board when
it schedules a public hearing to determine local opinion regarding an an-
ticipated flood control study. The Department or the Board will have a
representative at the hearing who will explain the Act and possible re-
quirements for flood plain regulations.
(a) If the public hearing demonstrates support for a study, and if the
Corps of Engineers decides to proceed and issues a notice of initiation of
investigation to all interested agencies, the public agency or agencies will
be notified by letter of the existence of the Cobey-Alquist Flood Plain
Management Act, and copies of these reguladons will be transmitted for
their guidance.
(b) When the report of the Corps of Engineers is transmitted to the
Congress favorably recommending a project and its authorization, or
when the final project report on a small flood control project is approved
by the Chief of Engineers, the Department or Board will send a final letter
to the public agency. The final letter will advise that necessary regula-
tions must be established within one year if the proposed project is to be
Page 5
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§214
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
eligible for state financial assistance for the costs of lands, easements,
and rights-of-way.
History
1. Amendment of subseetions (a) and (b) filed 8-20-74; effective thirtieth day
thereafter (Register 74, No. 34).
2. Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 214. Soil Conservation Service Projects.
Applications for planning watershed protection and flood prevention
projects (Public Law 83-566 projects) are approved by the Slate Re-
source Conservation Commission and the Administrator of the Soil Con-
servation Service. At the time the State Resource Conservation Commis-
sion considers an application, a Department or Board representative will
appear to explain the act.
(a) When the Department or Board is informed that the Commission
and the Administrator of the Soil Conservation Service have approved a
study for planning, the Department or the Board will notify the public
agency by letter similar in form to the notification prescribed by Section
213(a) above.
(b) When the final report of the Soil Conservation Service is submitted
to the Congress for authorization, or in the instance of a small watershed
project, when the plan is approved by the State Conservationist of the Soil
Conservation Service, a letter similar in form to the notification pre-
scribed by Section 213(b) above will be sent to the public agency.
History
1 . Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
§ 215. Flood Plain Regulations.
The Department or Board shall review the flood plain regulations es-
tablished by the public agency to determine if they meet the provisions
of the act.
(a) When the Department or Board determines that the established
flood plain regulations meet the provision of the act, the public agency
will be notified by letter.
(b) When the Department or Board determines that the established reg-
ulations do not meet the provisions of the act, the local agency shall with-
in 1 80 days of receipt of notice from the Department or Board adopt new
flood plain regulations and send a copy thereof to the Department or
Board.
(c) If the public agency fails to adopt flood plain regulations pursuant
to Sections 213 and 214 above, or if the flood plain regulations do not
meet the provisions of the act and the public agency fails to adopt new
flood plain regulations within 180 days of receipt of the Department' s or
Board's notice or fails to adopt or modify such regulations as recom-
mended by the Department or Board within 90 days of receipt of a second
notice, the Department or Board shall request the flood control agency
having jurisdiction over the project to adopt flood plain regulations to
meet the provisions of the act. The flood control agency must then adopt
satisfactory flood plain regulations within two years of the date of the fi-
nal letter (Section 213(b)) to the public agency or within 180 days after
it is first empowered by Section 8414 of the act to adopt such regulations,
as a condition for state financial grants for costs of lands, easements and
rights-of-way.
History
1 . Repealer and new section filed 8-20-74; effective thirtieth day thereafter (Reg-
ister 74, No. 34).
§ 21 6. Notification of Noncompliance.
When the appropriate public agency fails to establish the necessary
flood plain regulations within the times prescribed in he act, the Depart-
ment or Board shall notify the public agency by letter that it did not com-
ply with the provisions of the act.
Note; Authority cited: Section 8400 et seq., Water Code.
History
1. New section filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
Article 3. Types of Regulations
§ 220. General.
Flood plain regulations established by a public agency pursuant to Wa-
ter Code Section 841 1 need be applied only to the designated floodway.
Such regulations may take various forms so long as they accomplish the
purposes intended by the act. Exemplary, not exclusive, acceptable regu-
lations are the following:
(a) Flood plain zoning ordinances.
(b) Grading or setback ordinances.
(c) Ordinances controlling subdivision development.
(d) Ownership in the public agency of necessary flood control rights-
of-way encompassing the designated floodway.
History
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
§ 221. Designated Floodway Regulations.
Since the flood hazard in the designated floodway is usually very great
due to the greater depth and higher velocity of floodflows, permitted uses
should be carefully considered.
(a) Uses may include those open space uses which require no staic-
tures, landfill, or stream channel alteration, consfituting a threat to life or
significantly affecung the carrying capacity of the floodway.
(b) Permitted uses may include crop arming, truck gardening, live-
stock grazing, and similar agricultural or recreational uses.
(c) Uses may be restricted on an interim basis prior to project construc-
tion so long as permanent regulations are adopted within one year after
being advised that necessary regulations must be established.
(d) Use regulation must provide that no buildings or structures shall
be constructed, altered, moved within or into the designated floodway,
which will endanger life or significantly restrict the carrying capacity of
the floodway.
History
1. Amendment of subsection (c) filed 8-20-74; effective thirtieth day thereafter
(Register 74, No. 34).
§ 222. Restrictive Zone Regulations.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, N. 26).
Article 4. Review of Proposed Regulations
§ 230. Types of Review.
A public agency may, pursuant to Water Code Section 8403, request
that the Department or Board review its proposed flood plain manage-
ment regulations. Regulafions prepared as a condifion to receiving state
financial assistance, pursuant to Water Code Section 841 1, must be sub-
mitted to and approved by the Department or Board.
§ 231 . Priority.
Priority of review will be given to review of those regulations prepared
to satisfy the statutory requirement for receiving state financial assis-
tance in connection with federal projects.
§ 232. Mandatory Review.
Proposed regulations prepared pursuant to Water Code Section 841 1
should define the area to be regulated. These regulations, accompanied
by any other data reasonably required for complete review, must be sub-
mitted to the Department or Board for approval.
History
1. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
§ 233. Voluntary Review.
Flood Plain Management regulafions submitted for state review pur-
suant to Water Code Secfion 8403 must be accompanied by all of the sup-
Page 6
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Title 23
Flood Plain Management
§242
porting data upon which such regulations are based. These data shall in-
clude necessary hydrologic studies, flood routings, maps, and surveys
adequate to properly delineate flood plain categories. The review of pro-
posed regulations submitted by local agencies under this section will in-
clude a study of the local agency's selected flood.
History
1 . Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
Article 5. Studies to Support Regulations
§ 240. Responsibility.
Public agencies shall be responsible for (1) the acquisition of all hy-
drologic data, including development of flood routing information, (2)
the conduct of land surveys to properly delineate flood plain categories,
and (3) the acquisition or development of any other materials or studies,
necessary to promulgate and legally support valid flood plain land use
regulations.
History
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
15).
2. Amendment filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
34).
§ 241 . Studies by the Department or Board.
(a) The Department or Board may conduct the activities required by
Section 240 if so requested by a public agency.
(b) In conducting such activities, the Department or Board will be
guided by the criteria of the public agency, if the criteria is reasonable un-
der the circumstances and generally consistent with accepted practice.
(c) The costs of conducting such activities shall be borne by the local
agency making the request.
History
1. Amendment of subsections (a) and (b) filed 8-20-74; effective thirtieth day
thereafter (Register 74, No. 34).
§ 242. Application for Study.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
•
Page?
(4-1-90)
Barclays Official
California
Code of
Regulations
Title 23. Waters
Division 2. Department of Water Resources
Vol. 32
•
XMOIVISOIM
^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 23
Department of Water Resources
Table of Contents
Division 2. Department of Water Resources
Table of Contents
Page
Page
Chapter 1.
Article 1.
Dams and Reservoirs
General Provisions .
§301.
Definitions.
§ 302.
Purpose and Effect of Regulations.
§ 303.
Evidence of Water Rights.
§304.
Civil Engineering Plans and
Specifications.
§ 305.
Civil Engineering Supervision of
Construction.
§ 306.
Authority of Representative.
Article 2.
Applications for
Construction, Enlargement,
Repair, Alteration, or
Removal of Dams or
Reservoirs
§310.
Applications for Construction or
Enlargement.
§310.1.
Criteria for Determining
Completeness.
§ 310.2.
Criteria for Determining
Completeness.
§310.3.
Determination of Completeness.
§311.
Criteria for Determining
Completeness.
§312.
Standard Terms.
§313.
Automatic Approval of
Applications.
§314.
Filing Fee.
Article 3.
Annual Fee
§315.
Annual Fee.
§316.
Inoperative Dams.
§317.
Preparation of Application for
Repair or Alteration.
§318.
Preparation of Application for
Removal.
§319.
Annual Fee.
Article 4.
Small Dams Review Board
§320.
Small Dams Review Board.
§321.
Scope of Review.
§322.
Small Dam Defined.
§323.
Time to Request Board Review;
Filing Fee.
§324.
Time and Conduct of Review.
§325.
Findings of the Board.
Article 5.
Dams Owned by the Department
of Water Resources
§ 330.
Consulting Board.
§331.
Scope of Review.
§332.
Actions for Which Board Is
§333.
Retained.
Periodic Review.
Chapter 1 .5. Levee and Right of Way Control
Chapter 1 .6. Relocation Assistance Program .
9 Article 1 . General 12
§ 370. Definitions.
9 §370.01. Relocation Plans.
§ 370.02. Eviction Policy.
§ 370.03. Eligibility.
§ 370.04. Standards for Decent, Safe, and
Sanitary Dwellings.
Article 2. Relocation Payments 16
§ 370.10. Relocation Payments — General
Provisions.
§ 370.1 1 . Moving and Related Expense
Payments — General Provisions for
All Relocated Individuals, Families,
Businesses and Farms.
§ 370.12. Moving Payments to Individuals
and Families.
9 § 370.13. Moving Payments to Business or
Farm.
§ 370.14. Moving Payments to Nonprofit
Organizations.
§370.15. Advertising Signs.
§ 370.16. Replacement Housing Payments.
§ 370.17. Replacement Housing Payments to
Owner-Occupant for 1 80 Days or
More Who Purchases a
Replacement Dwelling.
§ 370. 1 8. Rental Differential Payment to
Owner-Occupant for 1 80 Days or
More Who Rents a Replacement
Dwelling.
§ 370.19. Replacement Housing Payment to
] ] Owner-Occupant for Less Than 180
Days but Not Less Than 90 Days
Who Purchases a Replacement
Dwelling.
§ 370.20. Rental Differential Payment to
Owner-Occupant for Less Than 1 80
Days but Not Less Than 90 Days
Who Rents a Replacement
Dwelhng.
1 1 § 370.21. Rental Differential Payment to
Tenant-Occupant for Not Less Than
90 Days Who Rents a Replacement
Dwelling.
§ 370.22. Replacement Housing Payment to
Tenant-Occupant for Not Less Than
90 Days Who Purchases a
Replacement Dwelling.
§ 370.23. Replacement Housing Payment to
Tenant of a Sleeping Room for Not
Less Than 90 Days.
§ 370.24. Mobile Homes.
§ 370.25. Moving Expenses for Mobile
Homes.
§ 370.26. Replacement Housing
Payments — Mobile Homes.
§ 370.27. Housing Provided As a Last
Resort — General.
12 § 370.28. Temporary Moves for
Rehabilitation.
12 Article 3. Acquisition Policies 23
12
Page i
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
§ 370.40.
General.
Chapter 1.7. Selection Process for Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying,
and Construction Project
Management Finns
Article
§ 380.
§381.
§381.1,
General Provisions
Purpose and Scope.
Definitions.
Announcements for Statement of
Qualifications and Performance
Data.
23
23
Article 2.
Specific Provisions 24
§ 382.
Establishment of Criteria.
§ 383.
Estimate of Value of Services.
§384.
Request for Qualifications —
Publication of Announcement.
§ 385.
Selection Process.
§ 386.
Negotiation.
§386.1
Length of Agreements.
§387.
Amendments.
§ 388.
Alternative Contract Procedures.
§389.
Director's Power to Require Bids.
§390.
Exclusions.
§391.
Prohibited Practices and Conflict of
Interest.
Chapter
1.8.
Residential Water Conservation
1.9.
Tax Credit 26
Chapter
Minority and Women Business
§392.
§393.
§394.
Chapter 2.
Article 1.
§400.
§405.
§406.
§407.
Article 2.
Enterprise Program for
Department State Contract Act
Contracts 26
Definitions.
Minority and Women Business
Enterprise Bid Requirements.
Applicability.
Financial Assistance for Local
Projects 26
General Provisions
Definitions.
Purposes and Effect of Regulations.
Official Records.
FiUng Fees.
Request for Preliminary
Determination of
Eligibihty for a Project
Construction Loan or Grant
26
26.1
§411.
§412.
§413.
§414.
§415.
§416.
Article 3.
§420.
§420.1.
Form of Request for Preliminary
Determination of Eligibility.
Material to Accompany Request.
Omissions in Request for
Preliminary Determination of
Eligibility.
Review by Department.
Notice to Applicants.
Time to Complete Applications.
Application for a Project
Construction Loan or Grant
or Facilities Grant
Form of Application.
Time of Filing Application for
Facilities Grant.
26.1
Page
§ 42 1 . Contents of Feasibility Report.
§ 422. Omissions in Application.
§ 423. Use of Department's Data.
§ 424. Review and Report by the
Department.
§ 425. Submission to California Water
Commission.
§ 426. Notice to Applicants.
Article 4. Applications for State
Participation 27
§ 427. Form and Filing of Application.
Article 5. Procedure Following Approval
of a Project Construction
Loan or Grant, or
Facihties Grant, or State
Participation 28
§431. Contract.
§ 432. Water Rights.
Article 6. Application for Loan for
Preparation of Feasibility
Report . , . . : 28
§ 435. Feasibility Report.
§ 436. Form and Filing of Application.
§ 437. Other Applicable Provisions.
Article 8. Grant Standards 28
§ 445. Ehgible Recreation Activities.
§ 446. Eligible Recreation Lands.
Article 9. Application for Drought
Emergency Loans 28
Chapter 2.2. Environmental Water Act of 1989 28
Article 1 . General Provisions 28
§449.1. Definitions.
§ 449.2. Program Funding.
§ 449.3. AppUcation Process.
Article 2. Specific Program Provisions 28.1
§ 449.4. Mono Lake Basin Provisions.
§ 449.5. Environmental Enhancement
Component.
§ 449.6. Water Quality Program.
Article 3. Evaluation Process 28.3
§ 449.7. Department Review.
§ 449.8. Public Review.
§ 449.9. Basis for Award of Funds.
§449.10. Project Site Visitation.
§ 449 .11. Commitment of Funds and Final
Report.
Chapter 2.3. Loan Programs Under the Water
Conservation and Water Quality
Bond Law of 1986, and the Water
Conservation Bond Law of 1988
and Loan and Grant Programs for
Local Projects Under the Safe,
Clean, Reliable Water Supply
Act 28.3
§450.1. Definitions.
§ 450.2. Apphcation for Funding for
Construction Loans.
§ 450.3. Feasibility Studies.
§ 450.4. Apphcafion for Land Acquisition
Loans for Local Projects.
§ 450.5. Priority List.
§ 450.6. Contract Requirements.
§ 450.7. Public Meeting or Election on
Project Loan Debt.
Page ii
(7-^2007)
Title 23
Department of Water Resources
Table of Contents
Page
Page
§ 450.8
Final Plans and Specifications.
§ 450.9
Certification of Completion.
Chapter 2.4.
Grant Program Under the Urban
Creeks Restoration and Flood
Control Act of 1985 30.1
§451.1
Definitions.
§451.2
Program Purposes.
§451.3
Types of Projects for Which
Assistance Is Available.
§451.4
Applications for Financial
Assistance.
§451.5
Priority for Financial Assistance.
§451.6
Contract Requirements.
Chapter 2.5.
California Safe Drinking Water
Bond Law of 1976 and California
Safe Drinking Water Grant
Program 30.4
§ 455.
Definitions.
§ 456.
Application Fee.
§ 457.
Administrative Fee.
§ 458.
Environmental Fee.
§ 459.
Ability to Finance Determination.
§460.
Ehgible Project Determination.
§461.
Application.
§462.
Supporting Information.
§463.
Water Conservation.
§464.
Notice to Applicants.
§465.
Priority List.
§466.
Priority List Procedures.
§467.
Priority List Criteria.
§468.
Department of Health Notice to
Applicants.
§469.
Department of Health Approval.
§470.
Contract Provisions.
§471.
Petition for Review.
§472.
Project Feasibility Meeting.
§473.
Grants Priority.
§474.
Grant Applications and Legislative
Report.
§475.
Grant Eligibility Level.
Chapter 2.5.1.
California Safe Drinking Water
Bond Law of 1984 34
495.
Reference Evapotranspiration.
§ 476. Definitions.
§ 477. Application Fee.
§ 478. Administrative Fee.
§ 479. Supplier's Share of the Cost.
§ 480. Priority List.
§481. Priority Classes.
§ 482. Ranking Within Priority Class.
§ 483. Application for Funding.
§ 484. Loan Application Requirement for
Grant.
§ 485. Preliminary Approval of Project.
§ 486. Eligibility for Funding.
§ 487. Appeal of Denied Application.
§ 488. Contract Provisions.
§ 489. Project Feasibility Meeting.
§489.1. Plans and Specifications.
§ 489.2. Certification of Completion.
Chapter 2.6. Weather Resources Management 37
Chapter 2.7. Model Water Efficient Landscape
Ordinance 37
§ 490. Purpose.
§491. Definitions.
§ 492. Provisions for New or Rehabilitated
Landscapes.
§ 493. Provisions for Existing Landscapes.
§ 494. Effective Precipitation.
Chapter 2.7.1. Flood Protection Corridor
Program of the Costa-Machado
Water Act of 2000 38.14
§497.1. Scope.
§ 497.2. Definitions.
§ 497.3. Program Management Process.
§ 497.4. Qualifications of Applicants;
Disbursement of Program Funds.
§ 497.5. Eligible Projects and Priorities for
Grant Funding.
§ 497.6. Priority Lists and Criteria for Setting
Project Priority.
§ 497.7. Application for Grant Funding.
§ 497.8. Public Hearings.
§ 497.9. Grant Contract Requirements.
§497.10. Progress Reports.
§ 497. 1 1 . Maintenance Plan.
§497.12. Audits and Record Keeping.
Chapter 2.5.2. Yuba Feather Flood Protection
Program of the Safe Drinking
Water, Clean Water, Watershed
Protection, and Flood
Protection Act 38.18
§499.1. Scope.
§ 499.2. Definitions.
§499.3. Area of Consideration.
§ 499.4. Feasibihty Studies.
§499.4.1. Designs.
§ 499 .4.1.1. Eariy Allocation of Implementation
Funds.
§ 499.4.1 .2. Advance Preparation for Right of
Way Acquisition.
§ 499.4.2. Implementation.
§ 499.5. Costs Eligible for Grant Funding or
Credit.
§ 499.6. Feasibihty Study Application.
§ 499.6.1. Design Apphcation.
§ 499.6.2. Environmental Compliance.
§ 499.6.3. Implementation Application.
§ 499.7. Application and Funding Process.
§ 499.8. Recordkeeping.
Chapter 3. Regulations for Implementation
of the California Environmental
Quality Act of 1970 38.24
§ 500. Purpose and Authority.
§ 501 . Incorporation of State CEQA
Guidelines.
§ 502. Additional Definitions.
§ 503. Fees for Preparation of Negative
Declaration or EIR.
§ 504. Categorically Exempt Activities.
§ 505. State Guidehnes.
§ 506. Department.
§ 507. Director.
§ 508. Environmental Documents.
§ 509. Project Proponent.
Article 5. General Responsibilities 39
Article 6. Nonapplicability of CEQA or
Exemptions from Initial
Study and EIR Preparation 39
Article 7. Initial Study 39
Article 8. Lead Agency 39
Article 9. Environmental Impact Reports
(EIRs) 39
Page iii
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Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Article 10.
Article 1 1 .
Article 12.
Chapter 4.
§310.
§511.
§ 312.
§513.
§514.
§ 515.
§516.
§517.
Page
EIR Preparation and
Processing 39
Review Procedures for EIRs
and Negative Declarations 39
Appendix 39
Chapter 5. Department of Water Resources-
Conflict of Interest Code
Revenue Requirement and Just and
Reasonable Determination
Applicability.
Definitions.
Notice of Opportunity to Submit
Comments.
Notice of Significant Additional
Material Relied Upon.
Confidential Information.
Comments.
Determination on the Record.
Standards.
39
§ 595.
General Provisions.
§600.
Draft EIR Procedures.
§601.
Notice of Completion.
§602.
Review of Draft EIR.
§603.
Final EIR Preparation.
§604.
Processing of Final EIR.
§ 605.
Notice of Determination.
§606.
Final EIR to Local Planning
Agencies.
§620.
General.
§621.
Consultation As an Approval
Agency.
§622.
Consultation As a Jurisdictional
Agency.
§623.
Consultation As an Agency with
Expertise.
§624.
Review of Sufficiency.
§625.
Designation of Contact Person.
§ 630.
Categorical Exemptions.
§ 649.6.
Authority (Conflict of Interest
Code).
Page
40.2
Page iv
(7-6-2007)
Title 23
Department of Water Resources
§310
Division 2. Department of Water Resources
Chapter 1 . Dams and Reservoirs
(Originally Printed 7-25-45)
Article 1. General Provisions
§301. Definitions.
As used in this subchapter, the terms "dam," "reservoir," "owner," "al-
teration," "enlargement," and "water storage elevation" shall have the
meanings given in Sections 6002 and 6004.5 through 6008 of the Water
Code.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections
6002-6008, Water Code.
History
1. Repealer of Subchapter 1 (Sections 301 through 383) and new Subchapter 1
(Sections 301 through 318) filed 3-15-66; effective thirtieth day thereafter
(Register 66, No. 7). For prior history, see Register 58, No. 7, and 59, No. 19.
2. Amendment of subsections (b) and (d) filed 2-5-70; effective thirtieth day
thereafter (Register 70, No. 6).
3. New subsections (e), (0, (g) and (h) filed 7-1 8-78; effective thirtieth day there-
after (Register 78, No. 29).
4. Amendment filed 8-^4—83; effective thirtieth day thereafter (Register 83, No.
32).
§ 302. Purpose and Effect of Regulations.
The regulations in this subchapter are not intended to limit the author-
ity of the department to act under the police power of the state to the ex-
tent authorized by law, when necessary to protect life and property from
a dam or reservoir which constitutes, or which may constitute a danger
to life and property, and they shall not be interpreted as depriving the de-
partment of such authority.
NOTE; Authority cited: Section 6078, Water Code. Reference: Sections 6075,
6081 and 61 10, Water Code.
History
1. Amendment filed 7-18-78; effective thirtieth dav thereafter (Register 78, No.
29).
2. Amendment filed 12-15-83; effective thirtieth day thereafter (Register 83, No.
51).
§ 303. Evidence of Water Rights.
(a) The department will not issue a written approval to commence con-
struction or enlargement of a dam or reservoir until the applicant or own-
er demonstrates evidence of adequate water rights in accordance with the
requirements of this section.
(b) The applicant or owner shall provide the department with either:
( 1 ) A copy of an entitlement to the use of water issued by the State Wa-
ter Resources Control Board pursuant to Division 2, Part 2 (commencing
with Section 1200) of the Water Code; or
(2) If the right to divert or use water does not depend on an entitlement
identified in subsection (1) above, a statement of the legal basis of the
right.
(c) The applicant or owner shall also provide the department with ei-
ther:
( 1 ) Evidence that a statement of water diversion and use has been filed
with the State Water Resources Control Board pursuant to Division 3,
Part 1, Chapter 5 (commencing with Section 5100) of the Water Code,
or
(2) A statement either establishing that a statement of water diversion
and use is not legally required, or showing good cause for not filing one.
(d) The department shall obtain a written statement from the staff of
the State Water Resources Control Board stating whether the water right
is adequate for the proposed dam and reservoir.
(e) If a right to divert or use water is based upon a claim of riparian
rights, or rights to appropriate water established prior to 1914. and such
claim is disputed by the State Water Resources Control Board, the de-
partment shall not withhold approval to commence construction solely
upon the basis of such a dispute, provided that it is satisfied with the evi-
dence of a water right provided pursuant to subsection (b) above.
(0 In the event that the State Water Resources Control Board has initi-
ated proceedings to determine whether to authorize use of water, and no
decision has been issued, written approval to commence construction or
enlargement shall not be withheld pursuant to this section after the 1 20th
day following either the date that the matter is submitted to the Board for
decision after hearing or, if no hearing is held, the date on which the pro-
test period closes.
NOTE: Authority cited: Section 6078. Water Code. Reference: Sections 1052,
6075, 6202(d), 6205, and 6264, Water Code.
History
1. New section filed 5-28-76; effective thirtieth day thereafter (Register 76, No.
22). For history of former section, see Register 70, No. 6.
2. Amendment filed 8^1-83; effective thirtieth day thereafter (Reeister 83. No.
32).
§ 304. Civil Engineering Plans and Specifications.
Plans and specifications which are submitted to the department shall
be prepared by, or under the direction of, a civil engineer who is regis-
tered pursuant to California law and authenticated by him as provided in
the Business and Professions Code, or be prepared by such other person
as may be permitted under the provisions of said code to prepare such
plans and specifications, in which case satisfactory evidence of such oth-
er person's right to so act shall be submitted to the department when the
plans and specifications are submitted.
NOTE: Authority cited: Section 6078, Water Code. Reference: Secfion 6206, Wa-
ter Code; and Sections 6371, 6374-6375, Business and Professions Code.
History
1. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No.
32).
§ 305. Civil Engineering Supervision of Construction.
The work of construction, enlargement, repair, alteration or removal
of a dam or reservoir shall be under the responsible charge of a civil engi-
neer who is registered pursuant to California law or of such other person
as may be permitted under the provisions of the Business and Professions
Code to assume responsible charge of such work.
NOTE; Authority cited: Section 6078, Water Code. Reference: Section 6206, Wa-
ter Code; Sections 6371, 6374-6375, Business and Professions Code.
History
1. Amendment filed 8-4-83; effective thirtieth day thereafter (Register 83, No.
32).
§ 306. Authority of Representative.
History
1 . Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32 ).
Article 2. Applications for Construction,
Enlargement, Repair, Alteration, or Removal
of Dams or Reservoirs
§ 31 0. Applications for Construction or Enlargement.
(a) This section shall apply to applications for the department's ap-
proval of plans and specifications for the construction or enlargement of
dams and reservoirs.
(b) Applicarions for construction or enlargement of a dam and reser-
voir shall be made on printed forms provided by the department. The de-
partment shall also provide written instructions for completing the appli-
cation.
(c) The amount of information required will depend on factors such as
the size of the proposed dam and reservoir, potential hazards, hydrology
of the watershed, complexity of the site and proximity to active faults.
(d) Plans, maps, specifications and other information required for an
application shall be provided in sufficient clarity and detail to be readily
Page 9
Register 91, No. 24; 5-14-91
§ 310.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
interpreted and studied, and to permit an adequate evaluation of the safe-
ty of the proposed work.
(e) The department may require the fihng of any information, in addi-
tion to that specified in this section which, in its opinion, it considers nec-
essary to determine the safety of the dam and reservoir.
(f) In addition to the information required by Water Code Sections
6201-6206, and subsections (b)-(e), an application shall also include the
following:
(1) Evidence of water rights, as required by Section 303.
(2) Information necessary to enable the department to comply with the
requirements of the California Environmental Quality Act (Public Re-
sources Code Sections 21000-21 174). This information shall be either:
(A) a copy of the environmental impact report (EIR) or negative decla-
ration prepared by a lead agency, or evidence that a lead agency is prepar-
ing or will prepare environmental documentation, or
(B) data and information necessary for the department to act as a lead
agency to prepare environmental documentation, where it is required by
law to do so.
(3) Where the department acts as a responsible agency, the lead
agency's EIR or negative declaration must be submitted to the State
Clearinghouse.
(4) The fee as required by Water Code Section 6300, as made specific
by Section 3 1 4 of this subchapter.
NoTE: Authority cited: Section 6078, Water Code. Reference: Sections
6200-6206, Water Code; and Sections 21002.1(d) and 21083. Public Resources
Code.
History
1 . Amendment filed 2-5-70; effective thirtieth day thereafter (Register 70, No. 6).
2.New subsection (j)(6) filed 4-13-73; effective thirtieth day thereafter (Register
73. No. 15).
3. Amendment of subsections (a), (b), (j)(5) and (j)(6) filed 7-18-78; effective
thirtieth day thereafter (Register 78, No. 29).
4. Amendment filed 8-4-83; effecfive thirtieth day thereafter (Register 83, No.
32).
5. Editorial con-ecfion of subsection (f)(4) filed 12-8-83 (Register 83, No. 50).
§ 31 0.1 . Criteria for Determining Completeness.
Note-. Authority cited: Section 6078, Water Code. Reference: Section 65941,
Government Code.
History
1. New secfion filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
29.).
2. Repealer and new section filed 8-4-83; effecfive thirtieth day thereafter (Regis-
ter 83, No. 32).
3. Renumbering and amendment of section 310.1 to secfion 311 filed 12-8-83
(Register 9 1,''No. 24).
4. Editorial correcfion restoring section 3 10. 1 dropped in earlier printing (Register
91, No. 24).
§ 310.2. Criteria for Determining Completeness.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections
65920-65957, Government Code.
History
1 . New section filed 7-18-78; effecfive thirtieth day thereafter (Register 78, No.
29).
2. Repealer filed 8-4-83; effecfive thirtieth day thereafter (Register 83, No. 32).
§ 310.3. Determination of Completeness.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections
65920-65957, Government Code.
History
1. New section filed 7-18-78; effective thirtieth day thereafter (Register 78, No.
29).
2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§311. Criteria for Determining Completeness.
(a) AppUcations will be considered complete when the department has
received the completed, signed application form, the information and fee
required in Water Code sections 6201 and 6206 and section 310(d)-(f),
and the fee required by sections 6300-6302 of the Water Code.
(b) The department on its own motion may waive any information re-
quired for a complete application, including but not limited to the re-
quirements of section 303 where it determines that it has sufficient infor-
mation to commence and complete a review within applicable time
limits, and that all requirements for issuance of an approval will be met
within such time limits.
(c) The requirements published by the department pursuant to section
3 1 0(c) shall set forth the procedures that the department will follow to re-
view an application.
(d) Failure to comply with a request for information pursuant to such
procedures within a reasonable time and in a reasonably responsive man-
ner shall be cause for the department to disapprove the application.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 65941.
Government Code.
History
1 . Editorial correction renumbering of former section 3 1 1 to section 3 1 2 and re-
numbering of former section 310.1 to section 311 filed 12-8-83 (Register 83,
No. 50). For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
§312. Standard Terms.
(a) The following are standard terms and conditions included in any
approval of a dam safety application:
( 1 ) Construction work shall be started within one year from date of ap-
proval.
(2) No foundations or abutments shall be covered by the material of
the dam until the Department has been given an opportunity to inspect
and approve the same.
(b) General Safety Requirement. In addition to the above terms and
conditions, the law requires that a dam shall at all times be designed, con-
structed, operated and maintained so that it shall not or would not consti-
tute a danger to life or property, and the Department may, at any time,
exercise any discretion with which it is vested, or take any action neces-
sary to prevent such danger.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6075 and
6260-6267, Water Code.
History
1. Editorial correction renumbering former section 312 to section 313 and renum-
bering of former section 31 1 to section 31 2 filed 12-8-83 (Register 83, No. 50).
For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
§ 313. Automatic Approval of Applications.
Applications approved in accordance with Government Code section
65956 shall contain the terms and conditions set forth in section 311.
Such approvals may be revoked or modified at any time and under any
conditions which would apply to any other approval granted under Divi-
sion 3, Part 1 of the Water Code.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 65956,
Government Code; and Sections 6260-6267, Water Code.
History
1. Editorial correction renumbering former section 313 to section 314 and renum-
bering offormersection312tosection313 filed 12-8-83 (Register 83, No. 50).
For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY and removal of duplicate HISTORY (Regis-
ter 91, No. 24).
§314. Filing Fee.
(a) Amount of Fee. The estimated cost of the dam and reservoir or en-
largement as specified in section 6302 of the Water Code shall include
engineering, geologic, surveying, construction supervision, and admin-
istrative costs.
NOTE; Autiiority cited: Section 21082, Public Resources Code; Section 6078, Wa-
ter Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305,
Water Code.
History
1. Editorial correction renumbering former section 314 to section 315 and renum-
bering of former secfion 313 to section 314 filed 12-8-83 (Register 83, No. 50).
For prior history, see Register 83, No. 32.
2. Editorial correcfion of HISTORY (Register 91, No. 24).
•
Page 10
Register 91, No. 24; 6-14-91
Title 23
Department of Water Resources
§324
Article 3. Annual Fee
§315. Annual Fee.
(a) Determination of Amount. The department shall determine the
amount of the annual fee as of June 30 each year and shall inform each
owner of that amount on or before October 3 1 of each year.
(b) Penalty for Delinquent Payment of Annual Fee. An owner who
fails to pay any part of any annual fee on or before December 3 1, as re-
quired by section 6307 of the Water Code, shall be penalized in accor-
dance with section 6428 of the Water Code.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 161, Water
Code; and Sections 6307 and 6428, Water Code.
History
1 . Editorial correction renumbering former section 3 1 5 to section 316 and renum-
bering of former section 3 1 4 to section 3 1 5 and new Article 3 heading filed
1 2-8-83 (Register 83. No. 50). For prior history, see Register 83. No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
§ 316. Inoperative Dams.
A dam will not be considered to be substantially completed or in opera-
tion, for annual fee purposes, where the Department determines that it has
been rendered inoperative on other than a temporary basis. In making its
determination the Department will consider the following circum-
stances, among others, with respect to the dam:
(a) Alteration of the outlet facilities to assure maximum possible un-
controlled water release through the outlet works.
(b) Absence of water impounding capability under reasonably fore-
seeable conditions, taking into account the size of the drainage area.
(c) Absence of benefit from the dam and reservoir to the owner or oth-
ers.
The Department may determine that a dam is no longer inoperative
when investigation reveals that conditions which rendered the dam inop-
erative on other than a temporary basis have changed. In this event the
dam will be considered substantially completed or in operation on the
date such determination is made, and the annual fee shall be charged on
a pro rata basis.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6307, Wa-
ter Code.
History
1. Editorial correction renumbering former section 315 to section 316 filed
12-8-83 (Register 83, No. 50). For history of former section 316, see Register
70, No. 6. For prior history, see Register 83, No. 32.
2. Editorial correction of HISTORY (Register 91, No. 24).
§ 31 7. Preparation of Application for Repair or Alteration.
NOTE: Authority cited: Section 21082, Public Resources Code; Section 6078, Wa-
ter Code. Reference : Section 2 1 089, Public Resources Code ; Sections 630 1 -6305 ,
Water Code.
History
1. Amendment of subsection (c) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4). For prior history, see Register 78, No. 29.
2. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§ 318. Preparation of Application for Removal.
NOTE: Authority cited: Section 21082, Public Resources Code; Section 6078, Wa-
ter Code. Reference: Section 21089, Public Resources Code; Sections 6301-6305,
Water Code.
History
1. New subsection (b) filed 4-13-73; effective thirtieth day thereafter (Register
73, No. 15).
2. Amendment of subsection (a) filed 7-18-78; effective thirtieth day thereafter
(Register 78. No. 29).
3. Amendment of subsection (b) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
4. Repealer filed 8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§319. Annua! Fee.
NOTE: Authority cited: Secfion 6078, Water Code. Reference: Section 161, Water
Code.
History
1 . New section filed 2-5-70; effective thirtieth day thereafter (Register 70. No. 6).
2. Renumbering and amendment of Section 319 to Section 314 filed 8-4-83; ef-
fective thirtieth day thereafter (Register 83, No. 32).
Article 4. Small Dams Review Board
§ 320. Small Dams Review Board.
In the Department there shall be a Small Dams Review Board consist-
ing of a chairperson who shall be the Division Chief, Division of Design
and Construction; a qualified engineer or geologist appointed by the Di-
vision Chief, Division of Safety of Dams; and. for each review, a consult-
ing engineer who would be agreed upon by the Department and the dam
owner.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa-
ter Code.
History
1 . New Article 3 (Sections 330-335) filed 5-28-76; effective thirtieth day thereaf-
ter (Register 76, No. 22).
2. Renumbering of former Section 320 to Section 315 and renumbering and
amendment of former Section 330 to Section 320 filed 8-4-83; effective thir-
tieth day thereafter (Register 83, No. 32).
3. Editorial correcdon renumbering former Article 3 ( Sections 320-325 ) to Article
4 (Sections 320-325) filed 12-8-83 (Register 83, No. 50).
§ 321 . Scope of Review.
(a) The Board shall be convened upon the request of any owner of a
small dam or proposed small dam to review any decision or order of the
department respecting any technical standard, study requested, engineer-
ing requirement or other technical matter required by the department
where the owner disputes the basis for such requirement, the need for
such requirement, or the facts found by the department.
(b) No review shall be undertaken if, in the opinion of the department,
there exists an immediate hazard to life or property. This subsection shall
not be construed to bar a Small Dams Review Board proceeding after, in
the judgment of the department, an immediate hazard to life and property
no longer exists.
Note: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa-
ter Code.
History
1. Renumbering and amendment of former Section 331 to Section 321 filed
8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§ 322. Small Dam Defined.
"Small Dam" means any dam less than 25 feet in height with a reser-
voir storage less than 2,000 acre-feet.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6054 and
6055, Water Code.
History
1 . Renumbering and amendment of former Section 332 to Section 322 filed
8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
§ 323. Time to Request Board Review; Filing Fee.
(a) The owner must request board review within 60 days of the dis-
puted departmental action. The request must be made to the Division
Chief, Division of Safety of Dams and must state the facts and circum-
stances on which such owner bases his grievance.
(b) The owner shall remit, at the time the grievance is filed, the amount
of $250 to partially defray the cost and expense of the Board.
(c) If the Board meets for more than one day, the department shall bill
the owner for its additional costs incurred for subsequent days.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6054 and
6055, Water Code.
History
1. Renumbering and amendment of former Section 333 to Section 323 filed
8^-83; effecfive thirtieth day thereafter (Register 83, No. 32).
§ 324. Time and Conduct of Review.
The Board shall review the owner's grievance promptly after such
grievance is filed. The review shall be conducted in an informal manner.
Page 11
Register 91, No. 24; 6-14-91
§325
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
The Board shall consider all relevant informaiion and data presented by
the owner, his engineer, or any other person.
NOTH: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa-
ter Code.
History
1 . Renumbering of former Section 334 to Section 324 filed 8-4-83; effective thir-
tieth day thereafter (Register 83, No. 32).
§ 325. Findings of the Board.
Based upon information and data secured during the review, the Board
shall refer its findings to the Division Chief, Division of Safety of Dams,
regarding the matter which led to the grievance. Decisions made by the
Division Chief shall be final.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6054, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 335 to Section 325 filed
8-4-83; effective thirtieth day thereafter (Register 83, No. 32).
Article 5.
Dams Owned by the Department
of Water Resources
§ 330. Consulting Board.
Pursuant to Section 6056 of the Water Code, the Department shall re-
tain a board of three consultants to report to the Director on the Safety of
Dams owned by the department.
NoTE: Authority cited: Section 6078, Water Code. Reference: Section 6056, Wa-
ter Code.
History
1. New Article 4 (Sections 340-343) filed 3-18-77 as procedural and organiza-
tional; effective upon filing (Register 77, No. 12).
2. Renumbering and amendment of former Section 330 to Section 320 and renum-
bering and amendment of former Section 340 to Section 330 filed 8-4-83; ef-
fective thirtieth day thereafter (Register 83, No. 32). For prior history, see Reg-
ister 76, No. 22.
3. Editorial correction renumbering former Article 4 (Sections 330-333) to Article
5 (Sections 330-333) filed 12-8-83 (Register 83, No. 50).
§ 331 . Scope of Review.
The consulting board shall make independent findings with regard to
conditions which may affect the safety of the dam and reservoir as speci-
fied in Section 6081 of the Water Code, and the board shall also make
independent findings that the dam is safe to impound water, as specified
in Section 6355 of the Water Code.
NOTE: Authority cited: Section 6078, Water Code. Reference: Sections 6056,
6081 and 6355, Water Code.
History
1 . Renumbering and amendment of former Section 33 1 to Secdon 32 1 and renum-
bering and amendment of former Section 341 to Section 331 filed 8-4-83; ef-
fective thirtieth day thereafter (Register 83, No. 32). For prior history, see Reg-
ister 77, No. 33.
§ 332. Actions for Which Board Is Retained.
(a) The department shall retain a consulting board:
(1) To review the adequacy of the design of a dam and reservoir the
department proposes to construct, or
(2) To review the safety of the completed construction and the terms
and conditions to be included in a certificate of approval for any dam
owned by the department as issued, renewed or modified, no later than
six months following any such action.
(b) Where a board is retained to review the adequacy of the design of
a dam and reservoir, it shall report its findings to the Director prior to the
approval of an application to construct or enlarge the dam.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6056, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 332 to Section 322 and renum-
bering and amendment of former Section 342 to Section 332 filed 8-4-83; ef-
fective thirtieth day thereafter (Register 83, No. 32). For prior history, see Res-
ister77,No. 33.
§ 333. Periodic Review.
In addition to the times specified in Section 332, the department shall
retain a review board at least once every five years to review the opera-
donal performance of department owned dams. The Federal Power Com-
mission's five year independent review may be substituted if it is compa-
rable to the review required by this arficle.
NOTE: Authority cited: Section 6078, Water Code. Reference: Section 6056. Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 333 to Section 323 and renum-
bering and amendment of former Section 343 to Section 333 filed 8^1-83; ef-
fective thirtieth day thereafter (Register 83. No. 32). For prior history, see Reg-
ister 70, No. 43.
Chapter 1 .5. Levee and Right of Way
Control
Note; Authority cited for Subchapter 1 .5: Section 1 1 152, Government Code, and
Section 124, Water Code. Reference: Section 21 1 16, Vehicle Code.
History
1. New Subchapter 1.5. (Section 350 through 390) filed 3-21-74; effective thir-
tieth day thereafter (Register 74, No. 12).
2. Repealerof Subchapter 1.5 (Article 1-2, Sections 350-360) filed 10-21-81;ef-
fective thirtieth day thereafter (Register 81, No. 43).
Chapter 1.6. Relocation Assistance
Program
Article 1. General
§ 370. Definitions.
The following terms shall mean:
"Average Annual Net Earnings" means one-half of any net earnings
of the business or farm operadon, before Federal and State income taxes,
during the two taxable years immediately preceding the taxable year in
which the business or farm operafion moves from the real property ac-
quired, or during such other period as the Department determines to be
more equitable for establishing such earnings, and includes any compen-
saUon paid by the business or farm operation to the owner, his spouse or
his dependents during such period. The term "owner" as used in this defi-
nition includes the sole proprietorship, the principal partners in a partner-
ship, and the principal stockholders of a corporafion, as determined by
the Department. For purposes of determining a principal stockholder,
stock held by a husband, his wife and their dependent children shall be
treated as one unit.
"Base Monthly Rent" means the lesser of the average monthly rental
paid by the displaced person for the three-month period prior to initiation
of negofiafions for the parcel and 25% of the displaced person's average
monthly income. The economic rent may be considered the average
monthly rental when the displaced person was the owner-occupant of the
acquired dwelling or if the rental actually paid was not reasonably equal
to market rentals for similar dwellings. The "average monthly rental
paid" shall include any supplements supplied by others, except when re-
quired by law, such supplement is to be disconfinued upon vacation of
the property.
"Business" means any lawful activity, excepting a farm operation,
conducted:
•
Page 12
Register 91, No. 24; 6-14-91
Title 23
Department of Water Resources
§370
( 1 ) Primarily for the purchase, sale, lease or rental of personal and real
property, and for the manufacture, processing, or marketing of products,
commodities, or any other personal property; or
(2) Primarily for the sale of services to the public; or
(3) Primarily by a non-profit organization; or
(4) Solely for the purpose of moving and related expenses under Sec-
tion 370.15, for assisting in the purchase, sale, resale, manufacture, pro-
cessing, or marketing of products, commodities, personal property, or
services by the erection and maintenance of an outdoor advertising dis-
play or displays, whether or not such display or displays are located on
the premises on which any of the above activities are conducted.
"Comparable Replacement Dwelling" means a dwelling which satis-
fies each of the following standards:
(1) Decent, safe and sanitary (as defined in Section 370.04), and com-
parable to the acquired dwelling with respect to number of rooms, habit-
able living space and type and quality of construction, but not lesser in
rooms or living space than necessary to accommodate the displaced per-
son.
To the extent practicable and consistent with this section, the replace-
ment dwelling should be functionally equivalent and substantially the
same as the acquired dwelling, but not excluding newly constructed
housing.
(2) In an area not subjected to unreasonable adverse environmental
conditions from either natural or man-made sources, and not generally
less desirable than the acquired dwelling with respect to public utilities,
public and commercial facilities and neighborhood conditions, including
schools and municipal services, and reasonably accessible to the dis-
placed person's present or potential place of employment; provided that
a potential place of employment may not be used to satisfy the accessibil-
ity requirement if the displaced person objects for a reasonable cause.
The Act and these regulations do not require the replacement dweUing
be generally as desirable as the acquired dwelUng with respect to envi-
ronmental characteristics. Though a displaced person does not have to
accept a dwelling subject to unreasonable adverse environmental condi-
tions, neither is the Department required to dupHcate environmental
characteristics, such as scenic vistas or proximity to the ocean, lakes, riv-
ers, forests or other natural phenomena.
If the displaced person so requests, every reasonable effort shall be
made to relocate such person within or near to his existing neighborhood.
Whenever practicable, the replacement dwelling shall be reasonably
close to relatives, friends, services or organizations with whom there is
an existing dependency relationship.
(3) Available on the private market to the displaced person and avail-
able to all persons regardless of race, color, sex, marital status, rehgion,
or national origin in a manner consistent with Title VIII of the Civil
Rights Act of 1968.
(4) Within the financial means of the displaced person. A replacement
dwelling is within the financial means of the displaced person if the
monthly housing costs (including payments for mortgage, insurance and
property taxes) or rental cost (including reasonably comparable utility
and recurring expenses such as gardening, garaging, and similar neces-
sary fees) minus any replacement housing payment available to the per-
son under the provisions of these regulations does not exceed twenty-
five percent (25%) of the person's average monthly income. A
replacement dwelling is within the financial means of a displaced person
also if the purchase price of the dwelUng, including related increased in-
terest costs and other reasonable expenses, does not exceed the amount
of just compensation provided for the acquired dwelling and the replace-
ment housing payments available to the person under these regulations.
"Conventional Loan" means a promissory note secured by a trust deed
or mortgage made by a bank or savings and loan association. A conven-
tional loan is not insured or guaranteed by an agency of the State or Feder-
al government.
"Counted Room" means that space in a dwelling unit containing the
usual quanfity of household furniture, equipment and personal property.
It shall include such space as a recreation room, living room, library,
study, dining room, kitchen, laundry room, basement, bedroom, and ga-
rage. Rooms or storage areas which contain substantial amounts of per-
sonal property equivalent to one or more rooms may be counted as addi-
tional rooms.
"Date of Initiation of Negotiations for the Parcel" means the date of
the first written offer to purchase the real property.
"Department" means the Department of Water Resources.
"Director" means the Director of the Department of Water Resources.
"Displaced Person" means any person who moves from real property,
or who moves his personal property from real property, either as a result
of the acquisition of such real property, in whole or in part, by the Depart-
ment or by any person having an agreement with or acting on behalf of
a public entity, or as the result of a written order from the Department to
vacate the real property for public use.
A displaced person may or may not qualify as an "eligible person," as
defined in these regulations.
"Dwelling" means the primary residence of a person, including any
single-family residence, a single-family unit in a two-family, multi-
family or multipurpose building, a unit of a condominium or cooperative
housing project, a nonhousekeeping unit, a mobilehome, or any other
residential unit considered to be part of the real property acquired. A resi-
dence need not be decent, safe and sanitary to be a dwelling. A second
home shall be considered to be a dwelling only for the purpose of estab-
lishing eligibility for payment of moving expense benefits.
"Economic Rent" means the reasonable rental expectancy if the prop-
erty were available for rent or lease on the open market based on the rent
or lease payment being paid for comparable space as distinguished from
actual or contract rent or lease payment paid for the acquired property.
"Effective Rate of Interest" means the annual percentage rate paid on
the debt of a mortgage as a result of including debt service charges in the
total interest to be paid on the mortgage debt, as an incident to the exten-
sion of credit, when such debt service charges are normal to the market.
"Elderly Household" means a household in which the head of house-
hold or spouse is 62 years or older.
"Eligible Person" means any displaced person who is, or becomes,
lawfully entitled to any relocation payment under these regulations.
"Existing Patronage" means the net annual average dollar volume of
business transacted during the two taxable years immediately preceding
the taxable year in which the business is relocated.
"Family" means two or more individuals, one of whom is the head of
a household, plus all other individuals regardless of blood or legal fies
who live with and are considered a part of the family unit. Where two or
more individuals occupy the same family dwelHng with no identifiable
head of a household, they shall be treated as one family for replacement
housing payment purposes.
"Farm Operation" means any activity conducted solely or primarily
for the production of one or more agricultural products or commodities,
including timber, for sale or home use and customarily producing such
products or commodities in sufficient quantity to be capable of contribut-
ing materially to the operator's support.
"Gross Income" means the total annual income of an individual, or
where a family is displaced, the total annual income of the adult members
of the household, irrespective of other expenses and voluntary or invol-
untary deductions and including, but not limited to. salaries, wages, pub-
lic assistance payments, fips, commissions, unemployment, rents, royal-
ties, dividends, interest, profits, pensions and annuities, less the
following:
(1) A deduction of $500 for each dependent in excess of three.
(2) A deduction often percent (10%) of the total annual income for an
elderly or handicapped household.
(3) A deduction for recurring, extraordinary medical expenses (de-
fined for this purpose to mean medical expenses in excess of three per-
cent of total annual income) where not compensated for or covered by
insurance or other sources, such as public assistance or tort recovery.
Page 13
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§ 370.01
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(4) A deduction of reasonable amounts paid for the care of children or
sick or incapacitated family members when determined to be necessary
to employment of the household head or spouse, except that the amount
deducted shall not exceed the amount of income received by the person
thus released.
Gross income is divided by twelve (12) to ascertain the average
monthly income. Relocation and property acquisition payments are not
to be considered as income for determination of financial means.
"Handicapped Household" means a household in which any member
is handicapped or disabled.
"Mobilehome" means a structure, transportable in one or more sec-
tions which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air conditioning,
and electric systems contained therein. A self-propelled vehicle is not a
mobilehome.
"Mortgage" means such classes of liens, including Deeds of Trust as
are commonly given to secure advances on, or the unpaid purchase price
of, real property, under the laws of the State of California, together with
the credit instruments, if any, secured thereby.
"Moving Expense" means the costs necessary to pack, crate, discon-
nect, dismantle, load, insure, temporarily store, remove, transport, un-
pack, uncrate, reassemble, reconnect, reinstall, and unload machinery,
equipment, or other personal property (including goods and inventory
kept for sale) not acquired by the Department, including connection
charges imposed by public utilities for starting utility service and neces-
sary temporary lodging and transportation of eligible persons. Moving
expense shall not include:
( 1 ) The cost of construction or improvement at the new location to re-
place property for which compensation was paid in the acquisition;
(2) Any loss of, or damage to, personal property caused by the fault or
negligence of the displaced person, his agent, or employee in the process
of moving where insurance to cover such loss or damage was available;
(3) Any payment for moving personal property where such property
is purchased as part of the acquisition;
(4) Additional expenses incurred because of living in a new location;
(5) Cost of moving structures, improvements or other real property in
which the displaced person reserved ownership;
(6) Interest on loans to cover moving expenses;
(7) Loss of goodwill;
(8) Loss of business or profits;
(9) Loss of trained employees;
(10) Personal injury;
(11) Payments for search costs in connection with locating a replace-
ment dwelling.
"Nonprofit Organization" means a corporation, partnership, individu-
al or other public or private entity, engaged in a business, professional or
institutional activity on a nonprofit basis, necessitating fixtures, equip-
ment, stock in trade, or other tangible property for the carrying on of the
business, profession or institutional activity on the premises.
"Owner." A person "owns a dwelling" if he:
(1) Holds fee title, a life estate, a fifty (50) year lease, or a lease with
not less than twenty (20) years to run from date of acquisition of the prop-
erty for the project;
(2) Holds an interest in a cooperative housing project which includes
the right of occupancy of a dwelling unit therein;
(3) Is the contract purchaser of any of the foregoing estates or interests;
(4) Has a leasehold interest with an option to purchase;
(5) Owns a mobile unit which under State law is determined to be real
property, not personal property;
(6) Who has succeeded to any of the foregoing interests by devise, be-
quest, inheritance or operation of law. In the event of acquisition of own-
ership by any of the foregoing methods, the tenure of ownership, not oc-
cupancy, of the succeeding owner shall include the tenure of the
preceding owner.
"Owner-Occupant" means an owner who occupies the residential
dwelling being acquired by the Department as his primary residence.
"Person" means any individual, family, partnersliip, corporation or as-
sociation.
"Prepaid Expenses" means items paid in advance by the seller of real
property and prorated between such seller and the buyer of such real
property at the close of escrow including, but not limited to real property
taxes, fire insurance, homeowners' association dues and assessment pay-
ments.
"Primary Residence" means a residential dwelling which is occupied
as the occupant's domicile. A dwelling will qualify as a primary resi-
dence when:
( 1 ) The occupant has lived in the dwelling to be acquired for more than
50% of the time in the year prior to the State's first written offer; and
(2) The occupant officially acknowledges the residential dwelling as
his primary residence by voter registration, address on tax returns, home
owners exemption, maiUng address, proximity to occupant's work,
schools, etc.
"Purchase" as used in connection with claiming replacement housing
payments with respect to:
(1) Real property means the close of escrow by which the fitle to re-
placement property was conveyed to the claimant of a relocation pay-
ment; or if no escrow was used, "purchase" means the delivery to such
claimant of the deed to the replacement property or the delivery of a com-
pletely executed installment contract for purchase. (2) Mobile homes
means the registration of the vehicle with the California Department of
Motor Vehicles in the name of the claimant. (3) For purpose of this Ar-
ticle, the leasing of a condominium or other suitable dwelling for a fifty
(50) year period, or for a term which exceeds the life expectancy of the
displaced person as determined from the most recent life tables in Vital
Statistics of the United States, as published by the Public Health Service
of the Department of Health, Education and Welfare, shall be deemed a
purchase of a condominium or other dwelling.
"Relocation Payment" means any payment made under the provisions
of this Article; including, but not limited to, payments for: actual or rea-
sonable moving expense, payments made in-lieu of moving expense,
purchase differential payments, rental differential payments, interest dif-
ferential payments, and payments covering incidental expenses of the ac-
quisition of replacement properties.
"Stated Mortgage Interest Rate" means the annual percentage rale to
be paid on the debt of a mortgage as set forth in the mortgage or other
credit instrument.
"Tenant-Occupant" means a person who rents or is otherwise in law-
ful possession of a dwelling, including a sleeping room, which is owned
by another and is the displacee's primary residence.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code and "Guidelines" adopted by the Commission of Hous-
ing and Community Development.
History
1 . Renumbering of Subchapter 1 .6 (Articles 1-2, Sections 380-390) to Subchapter
1.7 and new Subchapter 1.6 (Articles 1-3, Sections 370-370.40, not consecu-
tive) filed 1-18-80; effective thirtieth day thereafter (Register 80, No. 3).
§ 370.01 . Relocation Plans.
(a) General. Prior to the undertaking of a project, the Department shall
prepare a Relocation Plan, based upon a survey and analysis of both the
housing needs of the affected displaced persons and the available re-
placement housing, which will assure that, within a reasonable period of
time, prior to displacement, to the extent that it can be reasonably accom-
plished, there will be available in areas not generally less desirable in re-
gard to public utilities and public and commercial facilities, and at rents
or prices within the financial means of the families and individuals dis-
placed, decent, safe and sanitary dwellings, equal in number to the num-
ber of, and available to, such displaced persons who require such dwell-
ings and reasonably accessible to their place of employment.
Page 14
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Title 23
Department of Water Resources
§ 370.04
•
(1) All persons to be displaced, any relocation committee formed of
persons displaced, and representatives of affected governmental agen-
cies, and members of the community who notify the Department of their
interest shall be given the opportunity and should be encouraged fully
and meaningfully to participate in reviewing the Relocation Plan and
monitoring the relocation assistance program of a particular project. As
to projects involving substantial displacements, the Department shall en-
courage the formation of a relocation committee consisting of represen-
tatives of the residents and interested community organizations in the
displacement area and affected displaced persons.
(2) The term "undertaking a project," for purposes of this section, shall
mean the date the Director authorizes the acquisition or the initiation of
negotiations for the acquisition of the affected ownership(s).
(3) The approval of the Relocation Plan vests in the Director as head
of the State Agency.
(4) When determining a displacee's financial ability to afford replace-
ment housing, replacement housing payments, and rental rates after ac-
quisition, the displacee shall provide a written statement as to his gross
income which will be updated annually or as necessary. Failure to pro-
vide such written statement shall require the Department to make deter-
minations on the best data known and available to them.
(b) When considering the availability of replacement housing, the De-
partment shall adjust the available housing inventory in the replacement
area, if necessary, by excluding:
( 1 ) Those units which do not meet the test of being decent, safe, and
sanitary units;
(2) Uncompleted new construction or rehabilitation which are not
likely to be available at the time of displacement;
(3) Those units considered by the Department to be turnover in the re-
placement area;
(4) Subsidized publicly owned housing which will not reasonably be
available to the displacees at the time of displacement.
(c) Each Relocation Plan shall provide a statement as to the need for
last resort housing. In the event of a reasonably anticipated need for such
housing, an estimate of the cost, including overhead, will be included as
a separate amount.
NOTE; Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
History
1. Editorial correction of section number (Register 80, No. 22).
§ 370.02. Eviction Policy.
(a) Eviction of persons in occupancy as of the date of acquisition shall
be undertaken only for one or more of the following reasons:
(1) Failure to pay rent, except in those cases where the failure to pay
is due to the lessor's failure to keep the premises in habitable condition,
is the result of harassment or retaliatory action or is the result of disconti-
nuation or substantial interruption of services;
(2) Performance of a dangerous, illegal act in the unit;
(3) Material breach of the rental agreement and failure to correct
breach within 30 days of notice;
(4) Maintenance of a nuisance and failure to abate within a reasonable
time following notice;
(5) Refusal to accept one of a reasonable number of offers of replace-
ment dwellings;
(6) The eviction is required by State or local law and cannot be pre-
vented by reasonable efforts on the part of the public entity;
(7) The building has structural defects existent at the time of purchase
by the Department.
NoTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
History
1. Editorial correction of section number (Register 80, No. 22).
§ 370.03. Eligibility.
(a) Relocation assistance and benefits, as provided in these regula-
tions, shall be available to:
(1) Any person who lawfully occupies property from which he will be
displaced;
(2) Any person in lawful occupancy who will move from real property
or will move his personal property from real property because he will be
displaced from other real property on which he conducts a business or
farm operation;
(3) Any person in lawful occupancy who moves from real property as
a result of its acquisition by the Department for a public use whether the
move is voluntary or involuntary;
(4) Any person in lawful occupancy at the time of initiation of negoti-
ations who moves as the result of the pending acquisition and the proper-
ty from which he is displaced is subsequently acquired for public use.
(b) Any person who becomes an occupant of real property after acqui-
sition by the State shall not be eligible for any relocation assistance, pay-
ments, assurances of available housing, or a minimum 90-day notice to
vacate. Prior to occupying the property, such a tenant should be informed
that the property has been acquired for a public use and will be available
as housing only in the interim between acquisition and development and
that such development may result in termination of the tenancy sooner
than otherwise would be expected. The Department should inform pro-
spective tenants regarding the projected date of displacement.
(c) Subsequent sale to a private person of housing provided by the
State as last resort housing does not establish eligibility for relocation as-
sistance or benefits for any person in occupancy at the time of such sale.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
History
1. Editorial correction of section number (Register 80, No. 22).
§ 370.04. Standards for Decent, Safe, and Sanitary
Dwellings.
(a) A decent, safe, and sanitary dwelling is one which meets all of the
following minimum requirements:
( 1 ) Conforms with all applicable provisions for existing structures that
have been established under State or local building, plumbing, electrical,
housing and occupancy codes and similar ordinances or regulations;
(2) Has a continuing and adequate supply of potable safe water;
(3) Has a kitchen or an area set aside for kitchen use which contains
a sink in good working condition and connected to hot and cold water,
and an adequate sewage system. A stove and refrigerator in good operat-
ing condition shall be provided when required by local code, ordinances
or custom. When these facilities are not so required by local codes, ordi-
nances, or custom, the kitchen area or area set aside for such use shall
have utility service connections and adequate space for the installation
of such facilities;
(4) Has an adequate heating system in good working order which will
maintain a minimum temperature of 70 degrees in the living area, exclud-
ing bedrooms, under local outdoor design temperature conditions. A
heating system will not be required in those geographical areas where
such is not normally included in new housing;
(5) Has a bathroom, well-lighted and ventilated and affording privacy
to a person within it, containing a lavatory basin and a bathtub or stall
shower, properly connected to an adequate supply of hot and cold run-
ning water, and a flush closet, all in good working order and properly
connected to a sewage disposal system;
(6) Has an adequate and safe wiring system for lighting and other elec-
trical services;
(7) Is structurally sound, weathertight, in good repair and adequately
maintained;
(8) Each building used for dwelling purposes shall have a safe unob-
structed means of egress leading to safe open space at ground level. Each
dwelling unit in a multi-dwelling building must have access either di-
rectly or through a common corridor to a means of egress to open space
at ground level.
In multi-dwelling buildings of three stories or more, the common cor-
ridor on each story must have at least two means of egress.
Page 15
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§ 370.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(9) Has 150 square feet of habitable floor space for the first occupant
in a standard living unit and at least 100 square feet of habitable floor
space for each additional occupant. The floor space is to be subdivided
into sufficient rooms to be adequate for the family. All rooms must be ad-
equately ventilated. Habitable floor space is defined as that space used
for sleeping, living, cooking or dining purposes, and excludes such en-
closed places as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries, and unfinished attics, foyers, storage
spaces, cellars, utility rooms and similar spaces.
(b) A decent, safe and sanitary sleeping room is one which includes the
minimum requirements contained in paragraph (a), subparagraphs (2).
(4), (5), (6), (7), and (8) of this section and the following:
( 1 ) At least 100 square feet of habitable floor space for the first occu-
pant and 50 square feet of habitable floor space for each additional occu-
pant;
(2) Lavatory, bath and toilet facilities that provide privacy, including
a door that can be locked if such facilities are separate from the room.
(c) A decent, safe, and sanitary mobile home is one which includes the
minimum requirements contained in paragraph (a), subparagraphs (2),
(3), (4), (5), (6). (7). (8). and (9) of this section except that it may have
70 square feet of habitable floor space for each additional occupant, and
the following: ( 1 ) Bears the insignia of approval issued by the State of
California. Department of Housing and Community Development, pur-
suant to the California Health and Safety Code, except those manufac-
tured prior to September 1. 1958.
(d) The Department may approve exceptions to the standards in this
Section where unusual conditions exist.
NoTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
History
1 . Editorial correction of section number (Register 80, No. 22).
Article 2. Relocation Payments
§ 370.10. Relocation Payments — General Provisions.
(a) Appeals. Any displaced person aggrieved by a determination as to
eligibility for a relocation payment, or the amount of such payment, may
have his application reviewed by a Relocation Appeals Board designated
by the Director to hear such appeals. The Appeals Board shall make its
recommendations to the Director who will make the final decision on the
appeal. The Department shall inform all displaced persons of their right
of appeal. They shall be furnished the address of the Relocation Appeals
Board. They shall be given full opportunity to be heard and a prompt de-
cision shall be made. Appeals must be submitted prior to the final date
specified in subsection (d) of this Section for applying for relocation pay-
ments.
(b) Form of Application. Application for relocation payments or ap-
peals shall be made to the Department upon forms prescribed by the De-
partment and shall be accompanied by such information and documenta-
tion as may be required by the Department.
(c) Payment Date. No relocation payment shall be made by the Depart-
ment prior to the date title to the property vests in the State of California
through close of purchase escrow or Final Order of Condemnation or the
date of possession by the State under an Order of Possession.
(d) Time Limit on Filing Applications. Except as otherwise provided,
applications for relocation payments must be submitted to the Depart-
ment within 1 8 months from the date of vacation of the acquired property
or the date he receives final compensation for the property, whichever is
later.
(e) Assignment of Relocation Payments. The payments described in
this Article may be made directly to the displaced person upon proper
application, or upon proper instruction addressed to the Department and
attached to his application for payment, the payments may be made di-
rectly:
(1) To a lessor or landlord for rent; or
(2) To a moving company for moving expenses; or
(3) To an escrow agent pursuant to paragraph (f) of this subsection,
(f) Payments into Escrow. In cases where a displaced person qualifies
for the payments described in this Article except that he has not yet pur-
chased or occupied a suitable replacement dwelling, the Department, af-
ter inspecting the proposed replacement dwelling and finding that it
meets the decent, safe and sanitary standards set forth in Section 370.04
of this Article, may deposit the amount of the replacement housing or rent
supplement for which the displaced person may be eligible in an escrow
with a bank, taist company, licensed escrow agency, building and loan
or savings and loan association, or title company to the account of the dis-
placed person with instniction for payment of such funds from escrow.
Such escrow instructions shall be adequate to assure compliance with
provisions of this Article relating to purchase and occupancy and to as-
sure return of such funds from escrow to the Department in the event of
noncompliance with such provisions.
NOTE: Authority cited: Section 7267.8. Government Code. Reference: Section
7268. Government Code.
§ 370.11. Moving and Related Expense
Payments — General Provisions for All
Relocated Individuals, Families, Businesses
and Farms.
(a) Eligibility to Receive Moving Cost Payment.
( 1 ) Any individual, family, business or farm operator is eligible to re-
ceive payment for the reasonable expenses of moving his personal prop-
erty when
(A) He is in lawful occupancy at the initiation of negotiations for the
acquisition of the real property; and
(B) He moves from the real property or moves his personal property
from the real property subsequent to the date of initiation of negotiation;
or,
(C) The real property is subsequently acquired.
(b) One Move Per Person. No moving expense payment will be made
for more than one move of a displaced person except where found by the
Department to be in the public interest and prior approval is secured.
(c) Payment Only After Move Completed. Moving expense payments
shall be made only after the move has been accomplished except as pro-
vided in subsections (d) and (e) of this section.
(d) Payment in Advance. In case of undue hardship, payment of mov-
ing expenses to an eligible displacee may be made in advance of moving.
(e) Partial Payments. The Department may make partial payments of
moving expense claims when such claims are based on the actual costs
of moving, provided the amount of such partial payment does not exceed
the actual cost incurred up to the time such payment is claimed.
(f) Payments Directly to Mover. By written prearrangement between
the Department, the displaced person and the mover, a displaced person
may present unpaid moving bills to the Department and the Department
may pay the mover directly.
(g) Distance Limited to 50 Road Miles. The allowable expense for
transportation shall not exceed the cost of moving 50 road miles mea-
sured from the point from which the move was made to the point of relo-
cation via the most commonly used routes between such points.
In special cases where the Department determines that relocation can-
not be accomplished within the 50 mile area, the allowable expense for
transportation may be increased with the prior approval of the Depart-
ment.
(h) Storage. When an actual expense basis is used and the Department
determines that it is necessary for a relocated person to store his personal
property for a reasonable time, not to exceed twelve months, the cost of
such storage shall be paid as a part of the moving expense. Payment shall
not be made for storage of personal property on the property being ac-
quired or on other property owned by the relocatee. Storage expense shall
not be paid where the displaced person elects payment under any of the
schedules set forth in Section 370.12 (c) of this Article.
Page 16
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Title 23
Department of Water Resources
§ 370.13
(i) Cost of Advertising for Bids. The expense incurred in advertising
for packing, crating and transportation are reimbursable when the De-
partment determines that such advertising is necessary. Payment of such
expense shall be limited to complicated or unusual moves where adver-
tising is the only practical method of securing bids.
{]) Inspection of Books and Records. All books and records kept by a
displaced person as to actual moving expense incurred shall be subject
to review and audit by a Department representative during reasonable
business hours.
(k) Owner-Retained Dwellings. When an owner retains his dwelling,
the cost of moving it onto the remainder or replacement land is not eligi-
ble as a part of the cost of moving personal property. If the owner chooses
to use his dwelling as a means of moving personal property, payment
shall be based on the schedules set forth in Section 370.12 (c) of this Ar-
ticle.
(/) Personalty Sold to Others. If a displaced person who is eligible to
receive payment for moving expenses under subsection (a) of this Sec-
tion sells, conveys, or transfers title to personal property located on real
property acquired by the State to another person, such other person shall
not be eligible to receive payment of moving expense except as provided
for direct losses of tangible personal property in Section 370. 1 3 (c) of this
Article.
(m) Moves From Separate Property. Where the acquisition of real
property used for a business or farm operation which is eligible for a pay-
ment under subsection (a) of this Section causes a person to vacate a
dwelling or other real property separate from and not acquired by the
State, or move his personal property from other real property separate
from and not acquired by the State, said person is eligible for reimburse-
ment of the appropriate moving expenses under Sections 370.12,
370.13(b), (c) and (d), 370.14 and 370.15.
(n) Moves From Partial Takings. Where only a portion of a larger par-
cel is acquired, a displaced person shall be eligible for moving expense
payment only where the removal of his personal property from the prop-
erty acquired is necessary and is not otherwise compensated.
(0) Insurance. The cost of insurance premiums covering the reason-
able replacement value of personal property for loss and damage while
in storage or transit is reimbursable.
(p) Removal and Reinstallation Expense. The expense of removal, re-
installation and reestablishment of machinery, appliances and other
items of personal property which were not acquired by the Department,
including reconnection of utiHties to such items, and which does not con-
stitute an improvement to the replacement site (except where required by
law), are reimbursable. Such removal, reinstallation, reestablishment or
reconnection costs or items classified as real property by the Department
and which were retained by the owners, are not reimbursable.
NOTE; Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.12. Moving Payments to Individuals and Families.
(a) General. A displaced individual or family eligible under Section
370. 1 1 (a) is entitled to receive a payment for moving his personal prop-
erty, himself and his family. Such displaced persons have the option of
payment on the basis of actual, reasonable moving expenses or a moving
expense schedule.
(b) Actual, Reasonable Moving Expenses.
( 1 ) Moves by For-Hire Carriers. A displaced individual or family may
be paid the actual, reasonable cost of a move accomplished by for-hire
carriers. The displaced person may elect, with Department approval, ei-
ther of the following options:
(A) The displaced person shall secure at least two estimates from re-
sponsible for-hire carriers and submit them to the Department for ap-
proval prior to the move. The Department will authorize payment for the
move based on the lowest of such bids or estimates.
Payment shall be made by the Department upon presentation of the
paid, receipted and itemized bill after the claimant has moved from the
premises.
If this creates a financial hardship on the displacees, the Department
will secure an assignment from the displacee to allow direct payment to
be made to the mover upon presentation of itemized bills after claimant
has moved from the premises.
(B) The displaced person shall be given a moving service authoriza-
tion by the Department and may select a for-hire carrier from the list of
eligible for-hire carriers established by the Department. When the for-
hire carrier has completed the move, the original moving service authori-
zation will be returned to the Department by the for-hire carrier with the
itemized moving cost bill. The Department shall pay the for-hire carrier
directly. Such moves shall be at the minimum rates, mles and regulations
prescribed and established by the California Public Utilities Commis-
sion.
(2) Self Moves. In the case of a self move the displaced individual or
family may be paid his actual moving costs, supported by receipted bills
or other evidence of expenses incurred but such payment may not exceed
the estimated cost of moving commercially. The estimated cost may be
prepared by a commercial moving company or, when not in excess of
$1,000, by a qualified Department employee other than the employee
handling the claim.
(3) Cost of Transportation of Displacee. The costs of transportation of
displaced individuals and families to the new location are also eligible.
Such costs may be on a mileage basis, not to exceed 1 5 cents per mile,
or reasonable, actual fees if commercial transport is used and may in-
clude special services such as the cost of an ambulance to transport dis-
placed invalids.
(4) Cost of Meals and Lodging. The actual reasonable costs of meals
and lodging are eligible when the Department determines such costs are
required because of unforeseen circumstances or practical necessities of
the moving operation.
(c) Moving Expense Schedules.
(1) In lieu of actual and reasonable moving expense, any individual or
family displaced from a dwelling unit may elect to receive a payment
which shall cover all items and incidentals necessary to the vacating of
the property acquired according to the following:
(A) A moving expense allowance not to exceed $300 and determined
in accordance with established Federal Highway Administration sched-
ules maintained by the California Department of Transportation, and
(B) A dislocation allowance of $200.
(2) The owner-occupant of a multi-family dwelling may elect to re-
ceive payment for his own dwelling unit under this Section, and is eligi-
ble to receive payment under Section 370. 13 for his personal property in
other units of the multi-family dwelling.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.13. Moving Payments to Business or Farm.
(a) General.
(1) The owner of a displaced business or farm eligible under Section
370. 1 1 (a) is entitled to receive a payment for actual reasonable moving
and related expense which include:
(A) Actual reasonable expenses in moving his business, farm, or other
personal property as provided in subsection (b), below;
(B) Actual direct losses of tangible personal property in moving or dis-
continuing his business or farm, as provided in subsection (c), below;
(C) Actual reasonable expenses in searching for a replacement busi-
ness or farm, as provided in subsection (d), below.
(2) In lieu of the payment for actual expenses and losses as specified
in subsection (a) (1) (A), (B) and (C) of this Section a displaced business
or farm may be eligible for a fixed payment as provided in subsection (e).
(b) Actual Reasonable Moving Expenses.
( 1 ) The owner of a business or farm may be paid the actual, reasonable
cost of a move accomplished by a commercial mover. Where possible,
at least two firm bids shall be obtained prior to the move and submitted
to the Department for approval. The Department will authorize payment
based on the lowest bid.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(A) Where appropriate, the Department may give the displaced busi-
ness a Moving Service Authorization in accordance with the provisions
of Section 370. 12 (b)(1)(B).
(2) Self Moves.
(A) A business or farm which performs the move on its own account
shall prepare a certified inventory of the items of personal property to be
moved. When the Department can obtain two acceptable bids or esti-
mates from qualified estimators based on the certified inventory, the
owner of the displaced business or farm may be paid an amount equal to
the low bid or estimate, without negotiation. When circumstances war-
rant, the Department may negotiate a lower amount not to exceed the
lower of the two acceptable bids or estimates. The amount to be paid shall
be agreed upon in writing in advance of the move. Upon completion of
the move the owner must certify in his claim for payment that the items
listed in the certified inventory were actually relocated. If the Department
finds that the items actually relocated differ significantly from the certi-
fied inventory, payment of the moving cost shall be adjusted accordingly.
(B ) If two estimates cannot be obtained, the owner may be paid his ac-
tual, reasonable moving costs supported by receipted bills or other evi-
dence of expenses incurred.
(C) A qualified employee of the Department, other than the employee
who is handling the claim, may make a moving expense finding not to
exceed $ 1 ,000.00. The amount of such moving expense finding may be
paid the owner of the business or farm upon completion of the move with-
out supporting evidence of actual expenses incurred.
(3) Alternate Payments.
(A) The provisions of subsection (c) of this Section contain the criteria
under which reimbursement is based for personal property which is not
moved to the new site.
(B) When personal property which is used in connection with the busi-
ness or farm to be moved is of low value and high bulk and the estimated
cost of moving would be disproportionate in relation to the value, the De-
partment may negofiate and agree, in writing, with the owner for an
amount not to exceed the difference between the cost of replacement of
comparable item(s) on the market and the amount which would probably
have been received for the item(s) on liquidation.
(c) Actual Direct Losses of Tangible Personal Property. Reimburse-
ment for the actual direct losses of tangible personal property is allowed
when a person who is displaced from his place of business or farm is en-
titled to relocate such property in whole or in part but elects not to do so.
Payments for actual direct losses may only be made after a bona fide ef-
fort has been made by the owner to sell the item involved. When the item
is sold the payment will be determined in accordance with subsection (c)
( 1) or (c) (2) of this Secdon. If the item cannot be sold the owner will be
compensated in accordance with subsection (c) (3) of this Section. The
sales prices, if any, and the actual, reasonable costs of advertising and
conducting the sale shall be supported by a copy of the bills of sale or sim-
ilar documents and by copies of any advertisements, offers to sell, auc-
tion records, and other documentation supporting the bona fide nature of
the sale.
(1) If the business or farm is to be reestablished and an item of personal
property which is used in connection with the enterprise is not moved but
promptly replaced with a comparable item at the new location, the reim-
bursement shall be the lesser of:
(A) The replacement cost of the item not moved minus the net pro-
ceeds of the sale; or
(B) The estimated cost of moving the item.
(2) If the business or farm is being disconfinued or the item is not to
be replaced in the reestablished enterprise the payment will be the lesser
of:
(A) The difference between the depreciated value of the item in place
and net proceeds of the sale; or
(B) The estimated cost of moving the item.
(3) If a bona fide sale is not effected under subsection (c) (1) or (c)(2)
of this Section because no offer is received for the property, the owner
shall be entitled to the reasonable expenses of the sale. The displaced
owner shall arrange to have the personalty removed from the premises
at no cost by a junk dealer, etc. If this fails the Department shall remove
the item in the most economical manner.
(4) When personal property is abandoned with no effort made by the
displaced owner to dispose of such property by sale or by removal at no
cost as specified in the above paragraphs, the owner will not be entitled
to moving expenses, or losses, for the items involved.
(d) Actual Reasonable Expenses In Searching For a Replacement
Business or Farm.
( 1 ) The owner of a displaced business or farm may be reimbursed for
the actual reasonable expenses in searching for a replacement business,
not to exceed $500.00. Such expenses may include transportation ex-
penses, meals, lodging away from home and the reasonable value of time
actually spent in search, including the fees of real estate agents or real es-
tate brokers if actually required and paid by the displaced business.
(A) Receipted Bills. All expenses claimed except value of time actual-
ly spent in search must be supported by receipted bills.
(B) Time Spent In Search. Payment for time actually spent in search
shall be based on the applicable hourly wage rate for the person conduct-
ing the search but may not exceed $10.00 per hour. A certified statement
of the time spent in search and hourly wage rate shall accompany the
claim.
(e) In Lieu of Actual Moving Expenses. In lieu of the payments de-
scribed in subsections (b), (c), and (d) of this Section, an owner of a dis-
continued or relocated business or farm is eligible to receive a payment
equal to the average annual net earnings of the enterprise except that such
payment shall be not less than $2,500.00 nor more than $10,000.00 pro-
viding the following requirements are met:
(1) Department Shall Determine. In order for the owner of a business
or farm to be entitled to this payment, the Department shall determine
that:
(A) The business or farm cannot be relocated without a substantial loss
of its exisfing patronage. Loss of existing patronage is determined by
comparing existing patronage as defined in Section 370.00 of this Article
to the estimated net income of the business for the 12 month period after
relocaUon. Such determination shall be made only after consideration of
all pertinent circumstances, including but not limited to the following
factors:
1 . The type of business or farm conducted by the displaced owner;
2. The nature of the cUentele of the displaced business or farm;
3. The relative importance of the present and proposed location to the
displaced business or farm;
4. Availability of replacement sites within the financial means of the
displaced business or farm;
5. Competitive advantage of the existing location;
6. In case of a pardal taking of a business or farm, the determination
of whether the property remaining is no longer an economic unit;
7. Substantial additional capital expense required, or higher operating
costs at the replacement site.
(B) The business or farm is not part of a commercial enterprise having
at least one other establishment which is not being acquired which is en-
gaged in the same or similar enterprise. The Department may determine
by suitable criteria that the remaining facility is not another "establish-
ment" for purposes of this section.
(C) The business or farm contributes materially to the income of the
displaced owner. A part-time individual or family occupation in the
home which does not contribute materially to the income of the displaced
owner is not eligible for this payment.
(2) Owner Must Provide Information. To be eligible for the payment
in lieu of actual and reasonable moving expense, the displaced business
or farm must make its income tax and sales tax returns and its financial
statements and accounting records available for audit for confidential use
by the Department.
Page 18
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Title 23
Department of Water Resources
§ 370.16
(3) In Business or Farming Less Than 2 Years. If the business or farm
affected can show that it was in operation 12 consecutive months during
the two taxable years prior to the taxable year in which it is required to
relocate, had income during such period and is otherwise eligible, the
owner of an enterprise is eligible to receive the in lieu payment. Where
the business or farm was in operation for 1 2 consecutive months or more
but was not in operation during the entire two preceding taxable years,
the payment shall be computed by dividing the net earnings by the num-
ber of months the business or farm was operated and multiplying by 12.
A taxable year is defined as any 1 2-month period used by the business
or farm in filing income tax returns.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.14. Moving Payments to Nonprofit Organizations.
(a) A displaced nonprofit organization eligible under Section 370.1 1
(a) is eligible to receive payments for either
(1) Actual reasonable moving expenses, actual direct losses of tangi-
ble personal property, actual reasonable expenses in searching for a re-
placement site, or
(2) In lieu of actual expenses in accordance with Section 370.13 (b),
(c), (d) and (e), a payment in the amount of $2,500 if the Department de-
termines that:
(A) The nonprofit organization cannot be relocated without a substan-
tial loss of its existing patronage. The term "existing patronage" as used
in connection with nonprofit organizations only includes the persons,
community or clientele serviced or affected by the activities of the non-
profit organization; and
(B) The nonprofit organization is not part of an enterprise having at
least one other establishment not being acquired which is engaged in the
same or similar activity.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.15. Advertising Signs.
(a) General.
( 1 ) The owner of a displaced advertising sign eligible under Section
370. 1 1 (a) is eligible to receive a payment for actual reasonable moving
and related expenses which include:
(A) Actual reasonable expenses in moving his advertising sign as pro-
vided in subsection (b) of this section;
(B) Actual direct losses of tangible personal property as provided in
subsection (c) of this section; and
(C) Actual reasonable expenses in searching for a replacement sign
site as provided in subsection (d) of this section.
(2) An owner of an advertising sign who is otherwise eligible for mov-
ing payments will not be eligible if he moves his sign to a site in violation
of State, Federal or local regulations.
(3) The provisions of this paragraph do not apply separately to an ad-
vertising sign owned by and located on the business or farm being dis-
placed. Those signs considered personal property, including signs eligi-
ble under Section 370. 1 1 (m) are to be considered items of the business
or farm and included under the provisions of Section 370.13.
(b) Actual Reasonable Moving Expenses. The owner of a displaced
sign may be reimbursed for his actual, reasonable moving expenses in ac-
cordance with the provisions of Section 370.13 (b), (1) and (2).
(c) Actual Direct Losses of Tangible Personal Property. The owner of
a sign may be reimbursed for actual direct losses when he is entitled to
relocate the sign but does not do so. The amount of such loss will be the
lesser of:
( 1 ) The depreciated reproduction cost of the sign as determined by the
Department; or
(2) The estimated cost of moving the sign.
(d) Actual Reasonable Expenses in Searching for a Replacement Sign
Site.
(1) The owner of a displaced advertising sign may be reimbursed for
his actual reasonable expenses in searching for a replacement sign site
not to exceed $100.00. Such expenses may include transportation ex-
penses, meals, lodging away from home and the reasonable value of time
actually spent in search, including the fees of real estate agents or brokers
if actually required and paid for by the displaced sign owner.
(A) Receipted Bills. All expenses claimed except value of time actual-
ly spent in search must be supported by receipted bills.
(B) Time Spent in Search. Payment for time actually spent in search
shall be based on the applicable hourly wage rate for the person conduct-
ing the search but may not exceed $ 10.00 per hour. A certified statement
of the time spent in search and hourly wage rate shall accompany the
claim.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.16. Replacement Housing Payments.
(a) General Provisions.
(1 ) In addition to other payments provided by this Article, eligible in-
dividuals and families displaced from their primary residence, including
condominiums, cooperative apartments and mobile homes purchased by
the State are eligible for replacement housing payments in accordance
with this Article.
(2) Displaced individuals or families are not required to relocate to the
same occupancy (owner or tenant) status but have other options accord-
ing to their ownership status and tenure of occupancy as described in Sec-
tions 370.17 to 370.23, inclusive, of this Article.
(3) Not more than one replacement housing or rental payment shall be
made for each dwelling unit except in the case of multi-family occupan-
cy of one dwelling unit as specified in subsection (f) of this Section.
(b) Requirement to Receive Payments.
( 1 ) In addition to the tenure of occupancy provisions the displaced per-
son is otherwise eligible for the appropriate payments when he relocates
and occupies a decent, safe and sanitary dwelling within a one-year peri-
od beginning on the later of the following dates:
(A) The date on which the owner received final payment for all costs
of the acquired dwelling in negotiated settlements; or in the case of con-
demnation, the date on which the required amount is deposited into court
for the benefit of the owner; or
(B) The date on which he actually vacates the acquired real property.
(2) A displaced person who has entered into a contract for the con-
struction or rehabilitation of a replacement dwelling and, for reasons be-
yond his reasonable control, cannot occupy the replacement dwelling
within the time period shown above shall be considered to have pur-
chased and occupied the dwelling as of the date of such contract. The re-
placement housing payment or rental payment under these conditions
shall be deferred until the displaced person has actually occupied the re-
placement dwelling.
(3) A displaced person who has entered a legally binding contract for
purchase of a replacement dwelling and, for reasons beyond his reason-
able control, cannot secure title to and occupancy of the replacement
dwelling within the time period shown above shall be considered to have
purchased and occupied the dwelling as of the date of such contract. The
replacement housing or rental payment under these conditions shall be
deferred until title to the premises vests in and the displaced person has
actually occupied the replacement dwelling.
(c) Inspection for Decent, Safe and Sanitary Standards. Before making
payment to the relocatee the Department shall inspect the replacement
dwelling and determine whether it meets the standards for decent, safe
and sanitary housing as set forth in Section 370.04 of this Article. Such
determination by the Department that a dwelling meets the standards for
decent, safe and sanitary housing is made solely for the purpose of deter-
mining the eligibility of relocated individuals and families for payments
under this Article and is not a representation for any other purpose.
(d) Applicants Must Certify Ehgibility. Applicants for any payment
made under Sections 370.16 to 370.23, inclusive, must certify thai, to the
best of their knowledge and belief, the replacement dwelhng meets the
Page 19
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§ 370.17
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
standards for decent, safe and sanitary housing specified in Section
370.04 of this Article and that they are eligible for the payment requested.
(e) Ownership of Replacement Dwelling Prior to the Initiation of Ne-
gotiations. Any person who has obtained legal ownership of a replace-
ment dwelling prior to the initiation of negotiations on the project and oc-
cupies the replacement dwelling after being displaced but within the time
limit specified in subsection (b) of this Section is eligible for replacement
housing payment if the replacement dwelling meets the requirements of
Section 370.04 of this Article.
(0 Multiple Occupancy of Same Dwelling Unit. The Department shall
determine if the multiple occupancy of a single dwelling unit will require
proration of replacement housing payments based on equitable criteria
consistent with the intent of the displacees and the Relocation Act (Gov-
ernment Code Section 7260, et seq.).
(g) Joint Residential and Business Use. Where displaced individuals
or families occupy living quarters on the same premises as a displaced
business, farm or nonprofit organization, such individuals or families are
separate displaced persons for purposes of determining entitlement to re-
location payments.
(h) Dependents. A dependent who is residing separate and apart from
the person or family providing support, whether such separate residence
is permanent or temporary, shall be entitled to payment under these regu-
lations, but such payment shall be limited to the period during which the
displaced dependent resides in the replacement dwelling. At the time the
dependent vacates that dwelling, no further payment under these regula-
tions shall be made to such person. For the purposes of this paragraph,
a "dependent" shall be a person who derives fifty-one percent (51%) or
more of his income in the form of gifts from any private person or any
academic scholarship or stipend. Full-time students shall be presumed
to be dependents but may rebut this presumption by demonstrating that
over fifty percent (50%) of their income is derived from sources other
than gifts from another person or academic scholarships or stipends.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.17. Replacement Housing Payments to
Owner-Occupant for 180 Days or ^Aore Who
Purchases a Replacement Dwelling.
(a) General.
( 1 ) A displaced owner-occupant of a dwelling may receive additional
payments, the combined total of which may not exceed $15,000.00, for
the additional cost necessary:
(A) To purchase replacement housing;
(B) To compensate the owner for the loss of favorable financing on his
existing mortgage in the financing of replacement housing; and
(C) To reimburse the owner for incidental expenses incident to the pur-
chase of replacement housing when such costs are incurred as specified
herein.
(2) The owner-occupant is eligible for such payments when:
(A) He has been in occupancy of the dwelling to be acquired as his pri-
mary residence for at least 1 80 consecutive days immediately prior to and
including the date of initiation of negotiations for the parcel; and
(B) The property was acquired from him by the stale; and
(C) He purchased and occupied a decent, safe and sanitary dwelling
within the time period specified in Section 370.16 (b).
(b) Purchase Differential Payment.
(1) Amount of Payment. The replacement housing payment is the
amount, if any, when added to the amount for which the Department ac-
quired his dwelling, equals the actual cost which the owner is required
to pay for a decent, safe, and sanitary dwelling, or the amount determined
by the Department as necessary to purchase a comparable replacement
dwelUng, whichever is less. In the case of a prior owned dwelling, the ac-
tual cost of the prior owned dwelling will be based on the historical cost
incurred at the time of its purchase. Any additional cost to bring the prior
owned dwelling up to minimum decent, safe and sanitary standards may
be included in the historical cost.
(2) Determination of Amount Necessary to Purchase Comparable Re-
placement Housing. The Department shall determine the amount neces-
sary to purchase comparable replacement housing by any reasonable
method the Department finds necessary.
(c) Interest Differential Payment.
(1) General.
(A) Interest differential payments are provided to compensate a dis-
placed person for the increased interest costs he is required to pay for fi-
nancing a replacement dwelling and shall be allowed only when both of
the following conditions are met:
1. The dwelling acquired by the Department was encumbered by a
bona fide mortgage which was a valid hen on such dwelling for not less
than 180 days prior to the initiation of negotiations; and
2. The mortgage on the replacement dwelling bears a higher effective
rate of interest than the stated mortgage interest rate on the acquired
dwelling.
As used in this subsection the term "mortgage" shall include those
liens as are commonly given to secure advances on, or the unpaid pur-
chase price of, mobile homes or other vehicles, under the laws of the State
of California, together with the credit instruments, if any, secured there-
by.
(B) The interest differential payment will be based on and limited to
the lesser of the following amounts:
1 . The present worth of the right to receive the monthly difference in
mortgage payments on the existing mortgage using the old and new inter-
est rates; or
2. The present worth or the right to receive the monthly difference in
mortgage payments on the new mortgage using the old stated and new
interest rates.
(2) Payment Computation. The Department shall determine the
amount of the interest differential payment.
(3) Interest Rate of Replacement Dwelling Mortgage. The interest rate
of the mortgage on the replacement dwelling to be used in the computa-
tion shall not exceed the prevailing interest rate currently charged by
mortgage lending institution in the vicinity.
(4) Discount Rate. The present worth shall be based on a discount rate
equal to the prevailing interest rate paid on savings deposits by commer-
cial banks in the general area in which the acquired dwelling is located.
(5) Points and Loan Fees.
(A) To the amount of the increased payment shall be added the follow-
ing:
1 . The amount actually paid, if any, as points by the eligible displaced
owner in the purchase of the replacement dwelling, not to exceed an
amount calculated by multiplying the prevailing point rate by the amount
of the eligible portion of the mortgage on the replacement dwelling, or
the probable replacement cost of the acquired dwelling as determined by
the Department whichever is less. A "point" is defined as 1% of the out-
standing mortgage balance.
2. The amount actually paid, if any, as loan origination or service fees
by the eligible displaced owner in the purchase of the replacement dwell-
ing, not to exceed one percent of either the mortgage on the acquired
dwelling, or 1% of the probable replacement cost of the acquired dwell-
ing as determined by the Department, whichever is less.
(6). Variable Rate Mortgages.
(A) The interest rate of the mortgage on the acquired property shall be
deemed to be that stated in the mortgage except that in those mortgages
wherein the lender has the lawful right to make periodic adjustments in
the interest rate, the interest rate in effect at the Ume of acquisition by the
Department shall be used in the increased interest cost computation.
(B) The interest rate of the mortgage on the replacement dwelling shall
be deemed to be the rate which will be applied to determine the first peri-
odic payment of principal and interest on said mortgage.
(d) Incidental Expenses.
(1) Amount of Payment. The incidental expenses payment is the
amount necessary to reimburse the homeowner for the actual costs in-
Page 20
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Title 23
Department of Water Resources
§ 370.21
CLirred by him incident to the purchase of the replacement dwelling, but
not for prepaid expenses. Such expenses shall be reasonable and legally
required or customary in the community. Such costs may include, but are
not limited to, the following items where actually paid by the displaced
homeowner:
(A) Legal, closing and related costs including title search, preparing
conveyance contracts, notary fees, surveys, preparing drawings or plates
and charges paid incident to recordation;
(B) Lenders. Federal Housing Administration or Veterans Adminis-
tration appraisal fee;
(C) Federal Housing Administration or Veterans Administration
application fee;
(D) Certification of structural soundness when required by lender.
Federal Housing Administration or Veterans Administration;
(E) Credit report;
(F) Owner's title policy or abstract of title;
(G) Escrow agent's fee;
(H) State real estate transfer tax;
(I) Sales or transfer taxes;
(J) No fee, cost, charge or expense is reimbursable as an incidental ex-
pense when it is determined to be a part of the debt service, or finance
charge under the Truth in Lending Act, Title L Public Law 90-321, and
Regulation Z issued pursuant thereto by the Board of Governors of the
Federal Reserve System.
(e) Owner Retention of Dwelling. Where an owner-occupant retains
his dwelling, the replacement housing payment shall be computed in ac-
cordance with the appropriate paragraph below:
(1) Dwelling is Decent, Safe and Sanitary. The payment, if any, shall
be the amount by which the costs to relocate the retained dwelling ex-
ceeds the appraised value of the dwelling.
The costs to relocate may include the reasonable costs of acquiring a
new site and other expenses incident to retaining, moving the dwelling
and restoring it to a condition comparable to that before the move.
(2) Dwelling is Not Decent, Safe and Sanitary. The payment shall be
computed as shown above except that the costs to cure the decent, safe
and sanitary deficiencies shall be included in the costs to relocate.
(3) Limitations. The payment computed under Paragraphs (1) or (2)
of this subsection may not exceed the amount which the owner would
have obtained under subsection (b) ( 1 ) of this Section or, if no compara-
bles are available on which to make such a determination, the cost of a
new dwelling adequate to accommodate the displaced person.
Note: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.1 8. Rental Differential Payment to Owner-Occupant
for 180 Days or More Who Rents a
Replacement Dwelling.
(a) General. An owner-occupant eligible for a replacement housing
payment under Section 370. 1 7 (a) who elects to rent a replacement dwell-
ing is eligible for a rental differential payment not to exceed $4,000.00.
(b) Computation and Disbursement of Payment. The payment shall be
computed and disbursed in accordance with the provisions of Section
370.21 (b), (c) and (d) except that:
(1) The present rental rate shall be economic rent as determined by
market data; and
(2) The payment may not exceed the maximum amount which he
would have received had he elected to receive a purchase differential
payment under Section 370.17 (b).
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.19. Replacement Housing Payment to
Owner-Occupant for Less Than 180 Days but
Not Less Than 90 Days Who Purchases a
Replacement Dwelling.
(a) General. A displaced owner-occupant otherwise eligible under
Section 370.17 (a) except that he has owned and occupied the dwelling
for less than 180 days but not less than 90 days may receive an amount,
not to exceed $4,000.00. to enable him to make a downpayment on the
purchase of a replacement dwelling and reimbursement for actual ex-
penses incident to such purchase; or for additional costs to relocate his
retained dwelling in accordance with the following:
(b) Computation of Downpayment and Incidental Expenses.
( 1 ) The amount of the downpayment shall be determined by the De-
partment as the amount required as a typical downpayment on a compa-
rable dwelling if such purchase was financed with a conventional loan.
plus the amount required to be paid by the purchaser as points and/or an
origination or loan services fee (not to exceed one percent of the probable
replacement cost of the acquired dwelling as determined by the Depart-
ment or one percent of the loan on the replacement dwelling whichever
is less), if such fees are normal to real estate transactions in the area.
(2) The expenses incident to the purchase of replacement housing as
provided in Section 370.17 (d);
(3) Upon purchase and occupancy of a decent, safe and sanitary dwell-
ing by the relocatee within the time limits specified by Section 370. 1 6 (b)
the relocatee may be reimbursed:
(A) The amount of the downpayment determined in subsection (b)(1)
of this Section and the eligible incidental expenses if the total amount of
both does not exceed $2,000.00, or if more than $2,000.00;
(B) $2,000.00, plus 50 percent of the amount in excess of $2,000.00
providing the relocatee contributes 50 percent of the amount in excess of
$2,000.00. In no event may the combined payments exceed $4,000.00.
(4) The full amount of the downpayment must be applied to the pur-
chase price and eligible incidental costs, such downpayment and inciden-
tal costs claimed must be shown in the closing statement.
(c) Owner Retention of Dwelling. The owner may retain his dwelling
and the replacement housing payment, if any. will be determined in ac-
cordance with the provisions of Section 370. 1 7 (e) ( 1) and (2) but in no
event will such payment exceed $4,000.00.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.20. Rental Differential Payment to Owner-Occupant
for Less Than 180 Days but Not Less Than 90
Days Who Rents a Replacement Dwelling.
(a) General. A displaced owner-occupant otherwise eligible under
Section 370.17 (a) except that he has owned and occupied the dwelling
for less than 1 80 days but not less than 90 days and elects to rent a replace-
ment dwelling is eligible for a rental differential payment not to exceed
$4,000.00.
(b) Computation and Disbursement of Payment. The payment will be
computed and disbursed in accordance with the provisions of Section
370.21 (b), (c) and (d) except that the present rental rate shall be econom-
ic rent as determined by market data.
NOTE: Authority cited: 7267.8, Government Code. Reference: Section 7268,
Government Code.
§ 370.21. Rental Differential Payment to Tenant-Occupant
for Not Less Than 90 Days Who Rents a
Replacement Dwelling.
(a) General. A displaced tenant is eligible for a rental differential pay-
ment not to exceed $4,000.00, if:
(1) He has been occupying the dwelling to be acquired as his primary
residence for at least 90 consecutive days immediately prior to and in-
cluding the date of initiation of negotiations; and
(2) The property was subsequently acquired; and
(3) He rented and occupied a decent, safe and sanitary dwelling within
the time period specified in Section 370.16 (b).
(b) Computation of Payment.
(1) The payment, not to exceed $4,000.00, shall be determined by sub-
tracting forty-eight (48) times the base monthly rental from:
(A) Forty-eight (48) times the monthly amount which the tenant ac-
tually pays for a replacement dwelling, or if lesser;
(B) Forty-eight (48) times the monthly amount determined by the De-
partment as necessary to rent a comparable replacement dwelling.
Page 21
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(c) Department to Determine Method. The Department shall deter-
mine the amount necessary to rent a comparable replacement dwelling.
(d) Disbursement of Rental Differential Payments.
( 1 ) Rental differential payments shall be paid in a lump sum. monthly
or at other intervals determined as appropriate by the Department.
(2) If an installment payment is determined appropriate, the tenant
must certify to the Department prior to receiving each installment pay-
ment that he is occupying decent, safe and sanitary housing. In the case
where installment payments are being made to a dependent, he must cer-
tify that he is actually occupying the replacement property as specified
in Section 370.16(h).
NOTE: Authority cited; Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.22. Replacement Housing Payment to
Tenant-Occupant for Not Less Than 90 Days
Who Purchases a Replacement Dwelling.
(a) General. A displaced tenant eligible for a rental replacement hous-
ing payment under Section 370.21 (a) who elects to purchase a replace-
ment dwelling is eligible to receive an amount, not to exceed $4,000.00.
to enable him to make a downpayment on the purchase of a comparable
replacement dwelling including the expenses incident to such purchase.
(b) Computation of Payment. The payment shall be computed in ac-
cordance with the provisions of Section 370. 19 (b).
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.23. Replacement Housing Payment to Tenant of a
Sleeping Room for Not Less Than 90 Days.
(a) General. A displaced tenant of a sleeping room who is eligible for
a replacement housing payment under Section 370.21 (a) may receive an
amount not to exceed $4,000.00 as a comparable replacement dwelling
in accordance with the following paragraphs.
(b) Rental Differential Payment.
( 1 ) The payment, not to exceed $4,000.00, shall be computed in accor-
dance with the provisions of Section 370.21 (b).
(2) The Department's determination of the amount necessary to rent
and the disbursement of the rental differential payments shall be as pro-
vided in Section 370.21 (c) and (d).
(c) Downpayment. The downpayment amount, including the expenses
incident to purchase of the comparable replacement dwelling are to be
computed in accordance with the provisions of Section 370.19 (b).
NoTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.24. Mobile Homes.
(a) General. Acquisition of Mobile Homes. The Department may pur-
chase mobile homes where:
(1) The structural condition of the mobile home is such that it cannot
be moved without substantial damage or unreasonable cost; or
(2) The mobile home is owner-occupied as a primary residence and
is not a decent, safe and sanitary dwelling unit as defined in Section
370.04(c) of this Article and the decent, safe and sanitary deficiencies
cannot be remedied at a reasonable cost.
(3) The mobile home is owner-occupied as a primary residence, and
there are no adequate mobile home sites available in which to relocate the
displacee's mobile home.
(b) Partial Acquisition of Mobile Home Park. Where the Department
determines that a sufficient portion of a mobile home park is taken to jus-
tify the operator of such park to move his business or go out of business
the owners and occupants of the mobile home dwellings not within the
actual taking but who are forced to move shall be eligible to receive the
same payments as though their dwellings were within the actual taking.
(c) Mobile Homes as Replacement Dwellings. A mobile home may be
considered a replacement dwelling provided:
(1) The mobile home meets decent, safe and sanitary standards as pro-
vided in Section 370.04(c);
(2) The mobile home is placed in a fixed location;
(A) In a mobile home park which is licensed and operating under State
law; or
(B) In a mobile home subdivision wherein the displaced person owns
the lot on which the mobile home is placed; or
(C) On real property owned or leased by the displaced person in other
than a mobile home subdivision, provided such placement is in accor-
dance with State and local laws or ordinances and provided such place-
ment was made under permit from the State or local agency.
(d) Computation on Next Highest Type. When a comparable mobile
home is not available it will be necessary to calculate the replacement
housing payment on the basis of the next highest type of dwelling that is
available and meets the applicable requirements and standards, i.e., a
higher type mobile home or a conventional dwelling.
(1 ) "Not available" as used in this subsection includes, but is not lim-
ited to, those cases where mobile homes cannot be relocated in mobile
home parks within a reasonable distance from the place of dislocation be-
cause of lack of available spaces or because of the standards and rules of
the mobile home parks where spaces are available.
(e) General Provisions. The general provisions for moving expenses
and replacement housing payments of Sections 370. 1 1 and 370. 1 6 of this
Article are also applicable to owners and tenants of mobile homes.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.25. Moving Expenses for Mobile Homes.
(a) General. The eligibihty requirements of Section 370.1 1(a) and the
provisions of Sections 370.1 1 and 370.12 are apphcable to owners and
occupants displaced from a mobile home.
(b) Owners of Mobile Homes.
( 1 ) The owner of a mobile home may be reimbursed for the actual rea-
sonable costs of moving the mobile home or other personal property in
accordance with the provisions of Section 370.12(b); or
(2) If the owner occupies the mobile home, whether the mobile home
is moved or not, he may elect to be reimbursed in accordance with Sec-
tion 370.12(c).
(3) The cost of moving a mobile home on an actual cost basis may in-
clude the cost of detaching and reattaching fixtures and appliances where
applicable. When required at the replacement site, the Department may
include, as moving expenses, necessary costs of skirting, awnings, etc.
(c) Mobile Home Tenants. Tenants who are displaced from a mobile
home may elect to be reimbursed for moving their personal property on
an actual reasonable cost basis as specified in Section 370. 12(b) or in ac-
cordance with Section 370.12(c).
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.26. Replacement Housing Payments — Mobile
Homes.
(a) The owner-occupant of a mobile home and site who purchases
both a replacement dwelling and site shall be provided a replacement
housing payment in accordance with Sections 370.17 or 370.19, as ap-
propriate. If the owner-occupant rents both a replacement dwelling and
site, he shall be provided a payment in accordance with Sections 370. 1 8
or 370.20, as appropriate.
(b) The owner-occupant of a mobile home and site who purchases a
replacement dwelling and rents a replacement site shall be provided a
payment in accordance with Sections 370.17 and 370.18. The payment
shall be limited to the lesser of:
( 1 ) The amount as determined by the Department as necessary to pur-
chase a conventional replacement dwelling; and
(2) The amount as determined by the Department as necessary to pur-
chase a replacement mobile home (in accordance with Section 370.17)
plus the amount necessary to rent a replacement site (in accordance with
Section 370.18) to a maximum of $15,000.
(3) If an owner-occupant for over 90 days but less than 180 days, the
owner-occupant of a mobile home would only be eligible for payments
provided by Sections 370.19 or 370.20 to a maximum of $4,000.
Page 22
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Department of Water Resources
§381
(c) The owner-occupant who owns a site from which he moves a mo-
bile home shall be provided a replacement housing payment under Sec-
tions 370. 1 7 or 370. 1 9 if he purchases a replacement site and under Sec-
tions 370. 1 8 or 370.20 if he rents a replacement site.
(d) The owner-occupant of a mobile home which is acquired and who
rents the acquired site shall be provided payment as follows:
( 1 ) If a mobile home is not available, the amount required to purchase
a conventional replacement dwelling (in accordance with Section
370.17); and
(2) The amount necessary to purchase a replacement mobile home (in
accordance with Section 370.17) plus the amount necessary to lease, rent,
or make a downpayment on a replacement site (in accordance with Sec-
tions 370.18 and 370.19) to a maximum of $15,000.
(3) If an owner-occupant of a mobile home for more than 90 days but
less than 180 days, the owner-occupant shall only be eligible for pay-
ments provided by Sections 370.19 or 370.20, to a maximum of $4,000.
(4) If he elects to rent a replacement mobile home and site, the amount
required to do so in accordance with Section 370. 1 8.
(e) The tenant-occupant who rents a mobile home and site shall be
provided payments in accordance with Sections 370.21 and 370.22.
(0 Similar principles shall be applied to other possible combinations
of ownership and tenancy upon which a claim for payment might be
based.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.27. Housing Provided As a Last Resort — General.
(a) When it is determined that adequate replacement housing is not
available, or cannot otherwise be made available, the Department shall
take steps to provide comparable replacement housing. Such steps shall
include, but not be limited to, the following:
(1) Provide for payments over and above the limits established in this
chapter which will put the comparable replacement housing that is avail-
able within the financial means of the displacees. Under no circum-
stances will a rental subsidy exceed a period of 48 months.
(2) Provide for the purchase or construction of comparable replace-
ment housing which can be made available to the displacee, within his
financial means and reasonably accessible to his place of employment.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
§ 370.28. Temporary Moves for Rehabilitation.
(a) If temporary displacement is required because of a program of resi-
dential rehabilitation the occupants displaced may be provided at State
expense with the following:
(1) Temporary housing in motels or apartments. Displacee shall con-
tinue to be liable for payment of rent on the unit from which they have
been temporarily displaced.
(2) Transportation of displacees.
(3) Moving of personal property.
(4) Storage of personal property.
(5) Gas and electricity in temporary residence.
(6) Telephone transfers.
(7) If displacees are moved from housekeeping units to accommoda-
tions without kitchens, meals shall be provided. The Department may
contract with restaurants, or at its option the Department may provide a
meal allowance of $12.00 per day for each displacee. The meal allow-
ance may be paid in advance when deemed appropriate by the Depart-
ment.
NOTE: Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
Article 3. Acquisition Policies
§ 370.40. General.
The provisions of the Relocation Assistance and Real Property Acqui-
sition Guidelines of the State of California, Department of Housing and
Community Development, regarding acquisition policies (California
Administrative Code, Title 25. Chapter 6, Article 6) are hereby incorpo-
rated.
NOTE; Authority cited: Section 7267.8, Government Code. Reference: Section
7268, Government Code.
Chapter 1 .7. Selection Process for Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land
Surveying, and Construction Project
Management Firms
Article 1. General Provisions
§ 380. Purpose and Scope.
The purpose of these regulations is to establish those procedures au-
thorized and required by legal enactments, including the following:
— Chapter 1434 of the Statutes of 1974, as amended, which added
Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of
the Government Code.
— Initiative Measure of 2000 (Proposition 35, § 4, approved Novem-
ber 7, 2000, effective November 8, 2000), which added Chapter 10.1
(commencing with Section 4529.10) of Division 5 of Title 1 of the Gov-
ernment Code.
— Article XXII of the California Constitution, Article XXII, which
was added by Initiative Measure (Proposition 35, § 4, effective Novem-
ber 8, 2000, approved November 7, 2000), and amended the California
Constitution.
Such procedures shall require the securing of services covered under
Chapter 10 and Chapter 10. 1 , Title 1 , Division 5 of the Government Code
on the basis of demonstrated competence and on the professional qualifi-
cations necessary for the satisfactory performance of the services re-
quired.
The Department of Water Resources is authorized to contract with
qualified firms, as described in Government Code Section 4525(a), for
the services listed in Government Code Section 4525(d), 4525(e), and
4525(f).
The regulations in this chapter are intended to be broad enough to en-
compass all matters needed for the Department of Water Resources to
carry out its mission, which includes the duty to manage the water re-
sources of California in cooperation with other agencies, to benefit the
State's people, and to protect, restore, and enhance the natural and human
environments, and to fulfill its statutory mandates.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4529.10, Government Code.
History
1. New Subchapter 1.6., Articles 1 and 2 (§§380-390) fded 3-18-76; effective
thirtieth day thereafter (Register 76, No. 12).
2. Renumbering of Subchapter 1 .6 (Articles 1-2, Sections 380- 390) to Subchapter
1.7 filed 1-18-79; effective thirtieth day thereafter (Register 80. No. 3).
3. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Regis-
ter 82, No. 42).
4. Amendment of chapter heading and amendment of section and NoTh filed
7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§381. Definitions.
As used in these regulations:
(a) The term "architectural and engineering (hereafter "A&E") ser-
vices" shall include all architectural, landscape architectural, environ-
mental, engineering, land surveying, and construcfion project manage-
ment services, as well as incidental services that members of these
professions and those in their employ may logically or justifiably per-
form, including permitfing and environmental studies, rights-of-way
services, design phase services, construcfion phase services, public out-
reach and meeting facifitation related to the foregoing. "A&E services"
shall not include legal services rendered to the Department, provided that
Page 23
Register 2004, No. 28; 7-9-2004
§381.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
nothing in tliese regulations shall prevent an A&E contractor from con-
sulting legal counsel and including the fees as part of its reasonable over-
head.
(b) "Department" and "DWR" mean the Department of Water Re-
sources.
(c) "Director" is the Director of the Department of Water Resources
or any person delegated by the Director to act on the behalf of the Direc-
tor.
(d) "Firm" means any individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the profes-
sions of architecture, landscape architecture, engineering, environmental
services, land surveying, or construction project management.
(e) "Project" includes a project as defmed in Section 1 1 03 of the Pub-
lic Contract Code, or as defined in Public Resources Code Section 2 1 065.
Project shall also include any or all of the State Water Project, the Sacra-
mento River Flood Control Project, any authorized Hood control project
pursuant to Water Code Section 1 2570 et seq., and any dam subject to the
jurisdiction of the Department pursuant to Water Code Section 6000 et
seq. "Project" also includes "'services"' which relate to public works of
improvement or other similar Department needs. "Services" shall mean
any activity described in Section 381(a) including incidental or ancillary
services typically, logically or justifiably performed in connection there-
with. Such incidental services may include educational, instructional,
training, and public outreach services, providing workshops, making
presentations and facilitating meetings. Furthermore, "project" means
the nature or scope of work being solicited as defined by a statewide an-
nouncement and/or Request for Qualifications.
(f) "RFQ" is an acronym for Request for Qualifications, the solicita-
tion document used to request a Statement of Qualifications of firms that
perform A&E services.
(g) "Small business" firm is a firm certified as a "small business" in
accordance with Section 14837 of the Government Code.
(h) "SOQ" is an acronym for Statement of Qualifications, the response
to an RFQ or annual announcement submitted by firms that perform
A&E services.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4525. 4526, 4527 and 4529.10, Government Code.
History
1 . Amendment filed 1 0-14-82; effective thirtieth day thereafter (Register 82. No.
42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Reeister
2004, No. 28).
§ 381 .1 . Announcements for Statement of Qualifications
and Performance Data.
On an annual basis, or more or less frequently as needed by the Depart-
ment, the Director may request SOQs for specified A&E services by sta-
tewide announcement as provided in Section 384 of these regulations.
This announcement must, at a minimum, include a description of the
project or proposed services, a Department contact, and the date, time
and location for submission of SOQs. The announcements may also iden-
tify the criteria upon which the award will be made. The statewide an-
nouncement shall be made through publications of the respective profes-
sional societies.
NOTE: Authority cited: Section 4526, Government Code. Reference: Section
4527, Government Code.
History
1. New section filed 7-6-2004; operafive 8-5-2004 (Register 2004, No. 28).
Article 2. Specific Provisions
§ 382. Establishment of Criteria.
The Director shall establish criteria which will comprise the basis for
selection for each project or proposed services. The criteria shall include
such factors as professional excellence, demonstrated competence, spe-
cialized experience of the firm, education and experience of key person-
nel to be assigned, staff capability, workload, ability to meet schedules,
nature and quality of completed work, reliability and continuity of the
firm and/or subcontractors, location, or other considerations deemed
relevant. Such factors shall be weighted by the Director according to the
nature of the project or proposed services, the needs of the State and com-
plexity and special requirements of the specific project or proposed ser-
vices.
NOTE: Authority cited: Section 4526. Government Code. Reference: Sections
4526 and 4529.12. Government Code.
History
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Regis-
ter 82, No. 42).
2. Amendment of section and Noth filed 7-6-2004; operafive 8-5-2004 (Reaister
2004. No. 28).
§ 383. Estimate of Value of Services.
Before any discussion with any firm concerning fees may take place,
the Director shall cause an estimate of the value of such services to be pre-
pared. This estimate may be based on such factors as a market survey,
comparison with fees paid to other departments' or agencies' contractors
for similar services, or comparison with the salaries of comparable posi-
tions within the Department, within State service, or within other govern-
mental entities. This estimate shall serve as a guide in determining fair
and reasonable compensation for the services rendered. Such estimate
shall be, and remain, confidential until approval of contract or abandon-
ment of any further procedure for the services to which it relates. At any
time the Director determines the State's estimates to be unrealistic due
to rising costs, special conditions, or for other relevant considerations,
the estimate shall be reevaluated and modified if necessary.
NOTE; Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4528 and 4529.12, Government Code.
History
1 . Amendment of NOTE filed 10-14-82; effecfive thirtieth dav thereafter (Regis-
ter 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operafive 8-5-2004 (Register
2004, No. 28).
§ 384. Request for Qualifications — Publication of
Announcement.
(a) Where a project or Department need requires A&E services, the
Department may make a statewide announcement through the publica-
tions of the respective professional societies, in a construction trade jour-
nal, or publicize the requirements for services in other appropriate publi-
cations.
The Department may also or as an alternative selectively advertise to
reach providers of services witliin the appropriate trade or profession by
publishing the announcement through electronic communications media
which support bulletin boards or Internet web sites that have demon-
strated statewide accessibility and are regularly maintained at established
addresses by professional organizations which are representative of the
services to be procured.
Failure of any professional society or construction trade journal to
publish the announcement shall not invalidate any contract.
(b) The announcement shall include information describing the proj-
ect or services, a Department contact for obtaining RFQs and the due
date, time and location for submission of SOQs. The announcement may
also identify the criteria upon which the award will be made. The an-
nouncement shall be statewide and shall be made through publications
of the respective professional societies.
(c) The Director shall endeavor to provide to all small business firms
that have indicated an interest in receiving such, a copy of each an-
nouncement for work, projects or services for which the Director con-
cludes that small business firms could be especially qualified. A failure
of the Director to send a copy of an announcement to any firm shall not
operate to preclude any contract.
(d) If the Department has received at least three SOQs from qualified
firms through the announcement issue pursuant to Secfion 38 1 . 1 , the Di-
rector may waive the statewide announcement required in subdivision (a)
of this section.
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Register 2004, No. 28; 7-9-2004
Title 23
Department of Water Resources
§390
(e) The Director shall disseminate RFQs to those firms responding to
the announcement and to qualified firms providing SOQs pursuant to
Section 381.1. The RFQs shall include a description of the project, the
criteria upon which the award shall be made, the due date, SOQ submis-
sion and contract requirements. The RFQs may also provide for the
award of multiple contracts if the selection procedure is sufficiently de-
scribed in the RFQ and the award otherwise complies with the provisions
of this subchapter.
NOTE: Authority cited: Section 4526. GovenimenI Code. Reference: Sections
4526, 4527 and 4529.5, Government Code.
History
1 . Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
42).
2. Amendment of section heading, section and Noth filed 7-6-2004; operative
8-5-2004 (Register 2004, No, 28).
§ 385. Selection Process.
After expiration of the period stated in the announcement prescribed
in Section 384, the Director shall evaluate statements of qualifications
and performance data that have been submitted to the Department. Dis-
cussions shall be conducted with no less than three firms regarding the
required service. Where three firms cannot be found that could provide
the required service, a full explanation including names and addresses of
firms and individuals requested to submit qualificafions must be entered
in the files. From the firms with which discussions are held, the Director
shall select no less than three, in order of preference, based upon the es-
tablished and published criteria, that are deemed to be the most highly
qualified to provide the services required.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527 and 4529.12, Government Code.
History
1 . Amendment of NOTE filed 1 0-1 4-82; effective thirtieth day thereafter (Regis-
ter 82, No. 42).
2. Amendment of section heading, section and Note filed 7-6-2004; operative
8-5-2004 (Register 2004, No. 28).
§ 386. Negotiation.
The Director shall attempt to negofiate a contract with the most highly
qualified firm. In negotiating fees and execufing a contract, the procedure
described in Secrion 6106 of the Public Contract Code shall be followed.
When the Director is unable to negotiate a satisfactory contract with this
firm with fair and reasonable compensafion provisions as determined by
the procedure set forth in Section 383, negofiafions shall be terminated.
The Director may then undertake negofiations with the second most qual-
ified firm on the same basis. Failing accord, negofiations shall be termi-
nated. The Director may then undertake negofiafions with the third most
qualified firm on the same basis. Failing accord, negofiafions shall be ter-
minated. Should the Director be unable to negofiate a satisfactory con-
tract at fair and reasonable compensafion with any of the selected firms,
additional firms may be selected in the manner prescribed and the negoti-
ation procedure continued.
NOTE: Authority cited: SecUon 4526, Government Code. Reference: Sections
4526, 4526.5, 4527 and 4528, Government Code.
History
1 . Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register
2004, No. 28).
§ 386.1 . Length of Agreements.
Firms selected may be retained for up to one year or longer if needed
to complete the project or the services.
NOTE; Authority cited; Section 4526, Government Code. Reference: Section
4528 Government Code.
History
1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§ 387. Amendments.
Where the Director determines that a change in the contract is neces-
sary during the performance of the services, the parties may. by mutual
consent, in writing, agree to modifications, additions or deletions in the
general terms, conditions and specifications for the services involved, in-
cluding extensions of time, with a reasonable adjustment in the firm's
compensation.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4528 and 4529.12, Government Code.
History
1. Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register
2004, No. 28).
§ 388. Alternative Contract Procedures.
(a) Contracting in Phases. Should the Director determine that it is nec-
essary or desirable to have a given project or set of services performed
in phases, it will not be necessary to negotiate the total contract price or
compensafion provisions in the initial instance, provided that the Direc-
tor shall have determined that the firm is best qualified to perform the
whole project at a fair and reasonable cost, and the contract contains pro-
visions that the State, at its option, may utilize the firm for other phases
and that the firm will accept a fair and reasonable price for subsequent
phases to be later negotiated and reflected in a subsequent writien instru-
ment. The procedure with regard to estimates and negotiation shall other-
wise be applicable, i.e., in all other respects 'Contracts in Phases' must
comply with Chapter 1 and Chapter 10.1, Titie 1 , Division 5 of the Gov-
ernment Code.
(b) Retainer Agreements. The Department may identify the general
need for A&E services to assist in its overall mission and may enter into
contracts for such services through a retainer agreement. Retainer agree-
ments will provide a process for the development and execution of task
orders for defined A&E work. Rates for such work shall be specified in
a rate schedule to be attached to the original contract provided that rates
may be modified and categories of work added by mutual agreement of
the parties. Retainer agreements must comply with Chapter 10 and Chap-
ter 10.1, Title 1, Division 5 of the Government Code.
NOTE; Authority cited: Section 4526, Government Code. Reference: Sections
4526 Government Code; Article XXII, California Constitution, Section 1.
History
1 . Amendment filed 10-14-82; effective thirtieth day thereafter (Register 82, No.
42).
2. Repealer and new section heading, section and Note filed 7-6-2004; operative
8-5-2004 (Register 2004, No. 28).
§ 389. Director's Power to Require Bids.
Where the Director determines that the services needed are technical
in nature and involve little professional judgment and that requiring bids
would be in the public interest, a contract may be awarded on the basis
of bids rather than by following the foregoing procedures for requesting
qualifications and negotiation.
NotE: Authority cited: Section 4526, Government Code. Reference: Section
4529, Government Code; Article XXII, California Constitution, Section 1 .
History
1. Amendment of NOTE filed 10-14-82; effective thirtieth day thereafter (Regis-
ter 82, No. 42).
2. Amendment of section and Note filed 7-6-2004; operative 8-5-2004 (Register
2004, No. 28).
§ 390. Exclusions.
The provisions of this subchapter shall not apply to service agreements
for architects or engineers engaged to provide consulting services on spe-
cific problems on projects where the architectural and engineering work
is being performed by State of California Civil Service employees, nor
to service agreements for the services of recognized experts retained as
members of advisory boards.
NOTE: Authority cited: Section 426, Government Code. Reference: Sections
4525-4529, Government Code.
Page 25
Register 2004, No. 28; 7-9-2004
§391
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1 . Amendment of NOTK filed 1 0-14-82; effective thirtieth day thereafter (Regis-
ter 82, No. 42).
§ 391 . Prohibited Practices and Conflict of Interest.
(a) Practices which might result in unlawful activity, including but not
limited to rebates, kickbacks, or other unlawful consideration are strictly
prohibited. The Department shall require a contract entered into pursuant
to this chapter to include a provision in which the firm represents that the
contract was not obtained through rebates, kickbacks, or other unlawful
considerations either promised or paid to a DWR employee. In addition
to any other applicable legal proscriptions, failure to adhere to the repre-
sentation may be cause for contract termination and recovery of damages
under the rights and remedies due the Department under the default pro-
vision of the contract.
(b) A DWR employee shall not participate in the selection process if
the employee has a relationship, as specified in Section 87 1 00 of the Gov-
ernment Code, with a firm seeking a contract subject to this chapter.
(c) Nothing in this chapter shall be construed to abridge the obligation
of the Department or the firm to comply with all laws regarding political
contributions, conflicts of interest, or unlawful activities.
Note; Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527 and 4529.12, Government Code.
History
1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28). For
prior history, see Register 85, No. 36.
Chapter 1.8. Residential Water
Conservation Tax Credit
History
1. New Subchapter 1.8 (Sections 391-394) filed 7-23-81; effective thirtieth day
thereafter (Register 81, No. 30).
2. Repealer of Subchapter 1.8 (Sections 391-394) filed 9-5-85; effective thirtieth
day thereafter (Register 85, No. 36).
Chapter 1.9. Minority and Women Business
Enterprise Program for Department State
Contract Act Contracts
§ 392. Definitions.
This Chapter shall apply to the Department's award of contracts under
the State Contract Act, PubHc Contract Code Sections 10100 et seq.
As used in these regulations:
(a) "Department" is the Department of Water Resources.
(b) "Minority" shall have the meaning set forth in Section 101 15.1 of
the Public Contract Code.
(c) "MAVBE" means minority business enterprise and or women busi-
ness enterprise.
(d) Tlie terms "minority business enterprise" ("MBE") and "women
business enterprise" ("WBE"), shall have the respective meanings set
forth in Section 10115.1 of the Public Contract Code.
(e) "Contract" shall mean public works contracts as defined in Section
1101 of the Public Contract Code which are awarded by the Department
pursuant to the State Contract Act, Public Contract Code Sections 10100
et seq.
NOTE: Authority cited: Section 10115.3, Public Contract Code. Reference: Sec-
tions 10115.1 and 10115.2, Public Contract Code.
History
1. New chapter 1.9 and section filed 10-30-92; operative 10-3-92 (Register 92,
No. 44).
§ 393. Minority and Women Business Enterprise Bid
Requirements.
Bidders shall either (1) meet the MAVBE goals as set forth in Section
101 15 of the Pubhc Contract Code and specified in the bid package re-
leased by the Department, and shall provide within the time frames speci-
fied in the bidding requirements the names of their MAVBE subcontrac-
tors and suppliers of services, material and equipinent, together with
certification of their MAVBE status as described in Section 393(a) and
their indicated dollar participation, or (2) provide within the time frames
specified in the bidding requirements the required documentation dem-
onstrating that they have made a good faith effort as described in Section
393(b) to meet the specified goals.
(a) Certification that a firm meets the definition of a MAVBE pursuant
to Sections 101 15.1(e) and 101 15.1(f) of the Public Contract Code shall
be accepted when completed by federal, state or local agencies desig-
nated by the Department as acceptable for issuing such certification veri-
fying that a specific firm is a MAVBE. These agencies shall include but
not be limited to:
( 1 ) State Department of Transportation
(2) U.S. Small Business Adininistration
(b) A bidder shall be considered to have made a good faith effort upon
showing, within the time limits specified in the bidding requirements, to
the satisfaction of the Department, that the requirements set forth in Sec-
tion 101 15.2(b) of the Public Contract Code or any other requirements
described in the bidding requirements were met.
NOTE: Authority cited: Section 101 15.3, Public Contract Code. Reference: Sec-
tion 101 15.2(c), PubHc Contract Code.
History
1. New section filed 10-30-92; operative 10-30-92 (Register 92, No. 44).
§ 394. Applicability.
The Department may exempt the application of these regulations to
specified contracts pursuant to Section 101 15.2(c) of the Public Contract
Code.
Note: Authority cited: Section 10115. 3, Public Contract Code. Reference: Sec-
tions 101 15.1 and 101 15.2, Public Contract Code.
History
1. New section filed 10-30-92; operadve 10-30-92 (Register 92, No. 44).
Chapter 2.
Financial Assistance for Local
Projects
Article 1. General Provisions
§ 400. Definitions.
As used in these regulations, the terms listed below shall have the
meanings noted:
(a) "Department," "project" and "public agency" shall have the mean-
ing given in Water Code Sections 22, 1 288 1 .2(a) and 1 288 1 .2(b), respec-
tively.
(b) Governing Body. "Governing body" shall mean the body which is
empowered by law to govern the business of a public agency.
(c) Act. "Act" shall mean the Davis-Grunsky Act as set forth in Chap-
ter 5 (commencing with Section 12880) of Part 6 of Division 6 of the Wa-
ter Code, and any and all amendments which may hereafter be made
thereto.
(d) Applicant. "Applicant" shall mean any public agency applying for
financial assistance under the Davis-Grunsky Act.
Note: Authority cited: Section 12890, Water Code. Reference: Section 12881.2,
Water Code.
History
1. New Subchapter 2 (§§400, 405, 406, 407, 41 1 through 416, 420 through 426,
431 and 432) filed 1 1-1 2-59; effective thirtieth day thereafter (Register 59, No.
19).
2. Amendment of subsection (b) filed 4-13-73; effecfive thirtieth day thereafter
(Register 73, No. 15).
3. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 405. Purposes and Effect of Regulations.
These regulations are adopted for the purpose of carrying out the pro-
visions of the Davis-Grunsky Act.
NOTE: Authority cited: Section 12890, Water Code. Reference: Secdons 12880
et seq.. Water Code.
Page 26
Register 2004, No. 28; 7-9-2004
Title 23
Department of Water Resources
§420
History
1. Amendment filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 406. Official Records.
History
1 . Repealer filed 7-25-83; effective thirtieth day thereafter (Register 83, No. 31).
§ 407. Filing Fees.
No filing fee is required to accompany any request for a preliminary
determination of eligibility or any application for assistance under the
act.
NOTE: Authority cited; Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1. New NOTE filed 7-25-83; effective thiitieth day thereafter (Register 83, No.
31).
Article 2. Request for Preliminary
Determination of Eligibility for a Project
Construction Loan or Grant
§ 41 1 . Form of Request for Preliminary Determination of
Eligibility.
Applicants for a loan or grant under the act for the construction of a
proposed project shall file with the department a request for a preliminary
determination of eligibility in duplicate on a form provided by the depart-
ment.
NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882,
Water Code.
History
1 . Amendment filed 12-22-61 ; effecfive thirtieth day thereafter (Register 61, No.
26).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 412. Material to Accompany Request.
Each request that is filed with the department shall be accompanied by
duplicate copies of the following material:
(a) A resolution by the governing body authorizing the filing of the re-
quest, and designating a representative authorized to act on behalf of the
applicant.
(b) A generalized sketch of the proposed project on a U.S. Geological
Survey quadrangle map or on any other suitable and readily available
map.
(c) Applicant's most recent financial statement.
(d) Such other material as the department may require.
NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882,
Water Code.
History
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 413. Omissions in Request for Preliminary Determination
of Eligibility.
If a request for a preliminary determination of eligibility submitted to
the department is not complete, or if additional information is required,
the department will notify the public agency in what respect the request
is incomplete. If the request is not completed within 60 days after notice
that the request is incomplete, unless the department extends this time for
good cause shown, the department will return the request to the public
agency without making any finding as to eUgibility and without prejudice
to the submission of a new request at any future time.
NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882,
Water Code.
History
I. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 414. Review by Department.
Upon receipt of a properly completed request, the department will re-
view it forthwith and will make preliminary findings regarding eligibility
as to type of agency, type of project, purposes of project, conforinance
with The California Water Plan, statewide interest, and, when a loan is
proposed, the reasonable ability of the applicant to finance from other
sources.
NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882,
Water Code.
History
1. New NOTE filed 7-25-83; effecfive thirtieth day thereafter (Register 83. No.
31).
§ 41 5. Notice to Applicants.
After a review of a request, the department will notify the applicant of
the department's preliminary findings. Such findings shall be solely for
the information and guidance of the applicant in determining whether or
not it wishes to proceed with an application.
NOTE: Authority cited: Section 12890, Water Code. Reference; Section 12882.
Water Code.
History
1. New NOTE filed 7-25-83; effecfive thirtieth day thereafter (Register 83, No.
31).
§ 41 6. Time to Complete Applications.
Upon notice by the department to a public agency of its findings on a
request for preliminary determination of eligibility, the public agency
will be given a period of one year to complete an application, as set forth
in Article 3. If an application is not completed within one year, or within
such addirional time as the department may grant for good cause shown,
then a new request for preliminary determination of eligibility must be
filed with the department.
NOTE: Authority cited; Section 12890, Water Code. Reference; Section 12882,
Water Code.
History
1. New NOTE filed 7-25-83; effecfive thirtieth day thereafter (Register 83, No.
31).
Article 3. Application for a Project
Construction Loan or Grant or Facilities
Grant
§ 420. Form of Application.
AppHcants for a loan and applicants for a grant under the Act for the
constmction of a proposed project, and applicants for a grant under the
Act for the construction of initial water supply and sanitary facilities,
shall also file with the Department an application in writing which shall
contain a specific request for each type of assistance applied for in a spe-
cified amount. Such application may be in the form of a letter and shall
be accompanied by twenty-five (25) copies of a feasibility report on the
applicant's proposed project and by a resolution by the governing body
of the applicant adopting the feasibility report and specifically authoriz-
ing the filing of the application by a designated representative who is to
represent the applicant until final action is taken by the Department on
the application. Feasibility reports shall be prepared at the expense of the
applicant, under the direction of a licensed civil engineer, except that
where an applicant for a loan for an irrigation distribution system project
or a municipal distribution system project has no engineer, the feasibility
report may be prepared by or under the direction of, the county surveyor,
road commissioner or comparable officer of a county in which the appli-
cant is located, in whole or part. Applicants shall obtain a determination
from the Department before filing an application whether feasibility re-
ports shall include reports prepared by financial consultants, economists,
recreation planners, or by consultants in other special fields. Supporting
material with respect to the ability of a public agency to repay a loan and
with respect to the reasonable ability of the public agency to finance all
or part of the proposed project from other sources may be supplied by the
county assessor or the county engineer.
Page 26.1
Register 2004, No. 28; 7-9-2004
§ 420.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
In addition to the above, applications for loans for irrigation or munici-
pal distribution system projects which involve extreme hardship which
jeopardizes the public health, safety or welfare shall describe, generally,
such extreme hardship existing with respect to the water supply, the fi-
nancial and economic conditions existing in the area, and the proposed
project, and shall be accompanied by:
(a) A report by the assessor of the local agency with respect to assessed
valuation and tax delinquencies.
(b) In cases involving a health hazard with respect to the domestic wa-
ter supply, a report by the local health officer or by the Department of
Public Health with respect to such health hazard.
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1 . Amendment filed 12-22-61 ; effective thirtieth day thereafter (Register 61, No.
26).
2. Amendment filed 12-20-63: effective thirtieth day thereafter (Register 63, No.
25).
3. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
13).
4. New NOTE filed 7-25-83: effective thirtieth day thereafter (Register 83, No.
31).
§ 420.1 . Time of Filing Application for Facilities Grant.
Applicants for a grant under the act for the construction of initial water
supply and sanitary facilities shall file an application for such assistance
at the same time an application is filed for a grant for the construction of
a proposed project.
NOTK: Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1 . New section filed 1 2-20-63; effective thirtieth day thereafter (Register 63, No.
25).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
[The next page is 27.
Page 26.2
Register 2004, No. 28; 7-9-2004
Title 23
Department of Water Resources
§427
§ 421 . Contents of Feasibility Report.
The feasibility report should contain sufficient information and data
to demonstrate that the proposed project is engineeringly feasible, eco-
nomically justified, and financially sound. The amount of detailed infor-
mation required in the feasibility report will vary with the type, purpose,
and complexity of the project. In each case, the department will advise
the applicant regarding the nature and scope of the information and stu-
dies which should be contained in the feasibility report. The department
will also advise the applicant of the criteria it will use to evaluate the engi-
neering, economic, and financial aspects of the project. In general, feasi-
bility reports shall contain the following:
(a) A general description of the project plan, purpose, and accomplish-
ments, with a map showing the project features and service area.
(b) Studies of water resources and water requirements, including proj-
ect operational studies demonstrating the accomplishments of the proj-
ect.
(c) Status of water rights necessary for operation of the project.
(d) Preliminary designs and cost estimates of the project features in
sufficient detail to establish probable cost of the project. Estimates of an-
nual costs of operation and maintenance should also be included.
(e) Economic studies to establish the benefits and economic justifica-
tion of the project.
(f) An allocation of costs among the purposes of the project, if the proj-
ect has more than one purpose.
(g) Financial studies indicating the proposed method of financing,
sources of revenue, and repayment schedule.
(h) A construction schedule and an estimate of the amount of state
funds required each year.
(i) Environmental documents prepared and submitted pursuant to Title
14, Division 6, Chapter 3 (Register 78, No. 5) and Title 23, Chapter 2,
Subchapter 3 of this Code.
(j) Such other information as the Department may require.
NOTE; Authority cited; Section 21082, Public Resources Code; Section 12890,
Water Code. Reference: Sections 21069, 21150, 21153, Public Resources Code;
Sections 12882-12882.5, Water Code.
History
1. Amendment of subsection (i) and new subsection (j) filed 4-13-73; effective
thirtieth day thereafter (Register 73, No. 15).
2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
§ 422. Omissions in Application.
If an application submitted to the Department is not complete, or if ad-
ditional information is required, the Department will notify the applicant
in what respect the application is incomplete. If the application is not
completed within 90 days after the notice that the application is incom-
plete, unless the Department extends this time for good cause shown, the
Department will return the application to the applicant without making
any findings on the application and without prejudice to the submission
of a new application at any future time.
NOTE; Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
15).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 423. Use of Department's Data.
Any pertinent data in the files of the department will be made available
to applicants for use in preparing applications and feasibility reports.
Such data will be furnished free of charge except for costs of reproduc-
tion. If the proposed project has been reported on by the department, the
report may be used by the applicant and supplemented by such additional
information as may be necessary to complete the application.
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Resister 83, No.
31).
§ 424. Review and Report by the Department.
(a) The Department shall review any application and environmental
document submitted to it pursuant to Title 14, Section 15146 of this
Code. (Register 78, No. 5).
(b) The Department shall then prepare a report containing its findings
and recommendations with respect to the application and will file said re-
port with the State Legislature.
(c) The Department shall furnish the applicant with copies of the re-
port.
NOTE: Authority cited: Secdon 21082, PubHc Resources Code; Section 12890,
Water Code. Reference: Sections 21002, 21002.1, and 21 150, Public Resources
Code; Section 12882.4, Water Code.
History
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
15).
2. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
4).
§ 425. Submission to California Water Commission.
The Department will submit all applications filed under this Arficle 3
and the Department's reports thereon to the California Water Commis-
sion for its approval before final action is taken by the Department.
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12891.4,
Water Code.
History
1 . Amendment filed 1 2-20-63; effecUve thirtieth day thereafter (Register 63, No.
25).
2. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
15).
3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 426. Notice to Applicants.
The department will notify each applicant of the official action taken
by the department and by the California Water Commission with respect
to the application.
NOTE; Authority cited: Section 12890, Water Code. Reference: Section 12891.4,
Water Code.
History
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
Article 4. Applications for State
Participation
§ 427. Form and Filing of Application.
Applications for state participation under Article 7 (commencing with
Section 12886) of the Act shall be made to the Department by a public
agency in the form of a letter stating the conditions under which the state
participation is desired, accompanied by a resolution by the governing
body of the applicant authorizing the filing of the application by a desig-
nated representative who is to represent the applicant until final action is
taken by the Department on the application. The applicant shall submit
to the Department such additional information as the Department may re-
quire to reach a decision in the particular case.
Note: Authority cited: Section 12890, Water Code. Reference: Section 12886.4,
Water Code.
History
1 . New section filed 12-20-63; effective thirtieth day thereafter (Register 63, No.
25).
2. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
15).
3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
Page 27
Register 93, No. 23; 5-4-93
§431
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Article 5. Procedure Following Approval of
a Project Construction Loan or Grant, or
Facilities Grant, or State Participation
§ 431 . Contract.
State funds will not be advanced to any applicant pursuant to an ap-
proved loan or grant until a contract between the applicant and the depart-
ment setting forth terms and conditions of such loans or grants has been
executed.
NOTH: Authority cited: Section 12890, Water Code. Reference: Section 12887.2,
Water Code.
History
1. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 432. Water Rights.
The department will not execute a contract with any applicant for a
loan or grant for the construction of a proposed project, or grant for the
construction of initial water supply and sanitary facilities, or state partici-
pation, until the applicant submits evidence satisfactory to the depart-
ment that the applicant holds or can acquire water rights adequate to per-
mit operation of the project as specified in the application. No funds shall
be disbursed under the contract unless or until the applicant has or obtains
a right or permit to appropriate the water required for operation of the
project.
NOTE; Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1 . Amendment filed 12-22-61 ; effective thirtieth day thereafter (Register 61, No.
26).
2. Amendment filed 12-20-63; effective thiitieth day thereafter (Register 63, No.
25).
3. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
Article 6. Application for Loan for
Preparation of Feasibility Report
§ 435. Feasibility Report.
As used in this Article 5 of these regulations, "feasibility report" shall
mean such report on the feasibility of a public agency's proposed project
as the department may require the public agency to file with the depart-
ment in support of an application by the public agency under the Act for
a loan for the construction of the proposed project.
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1. New Article 5 (Sections 435, 436, 437) filed 12-22-61; effecdve thirtieth day
thereafter (Register 61, No. 26).
2. New NOTE filed 7-25-83; effective thirtieth day thereafter (Register 83, No.
31).
§ 436. Form and Filing of Application.
Applicants for a loan under the act for the preparation of a feasibility
report on a proposed project shall file an application for the loan on a form
provided by the department. Such application should be filed after receipt
of a favorable written reply from the department on a written request for
a preliminary determination of eligibility for a loan for the construction
of the proposed project filed with the department by the applicant in ac-
cordance with Article 2 of these regulations. The application shall be ac-
companied by such additional information as the department may deter-
mine is required to reach a decision in the particular case.
Note: Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1. New NOTE filed 7-25-83; effecdve thirtieth day thereafter (Register 83, No.
31).
§ 437. Other Applicable Provisions.
The provisions of Sections422,423,424,425, and43 1 of these regula-
tions shall also apply to applications for loans under the Act for the prepa-
ration of feasibility reports.
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12882,
Water Code.
History
1. Amendment filed 4-13-73; effective thirtieth day thereafter (Register 73, No.
15).
2. New NOTE filed 7-25-83: effective thirtieth day thereafter (Resister 83, No.
31).
Article 8. Grant Standards
§ 445. Eligible Recreation Activities.
In calculating recreation benefits, the recreation activities that the De-
partment will consider shall be limited to water-associated activities
which take place in, on, or adjacent to the reservoir, and which entail di-
rect enjoyment of the recreational values of the reservoir. The activities
considered may include bathing, fishing, hunting, boating, water skiing,
picnicking, and camping.
Activities and facilities which the Department will not consider shall
include, but not be hmited to, the following: hiking, riding, cycling,
scientific-historic appreciation, swimming pools, swimming lagoons
detached from reservoirs, athletic fields, amphitheaters, museums, zoos,
nature study areas, stables, and golf courses.
NOTE: Authority cited: Section 12890, Water Code; reference: Section 12884.2,
Water Code.
History
1. New Article 8 (Sections 445 and 446) filed 1-17-68; effective thirtieth day
thereafter (Register 68, No. 3).
§ 446. Eligible Recreation Lands.
NOTE: Authority cited: Section 12890, Water Code. Reference: Section 12884.2,
Water Code.
History
1. New NOTE filed 7-25-83: effective thirtieth day thereafter (Register 83, No.
31).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecdve thirtieth day thereafter (Register 85, No. 26).
Article 9. Application for Drought
Emergency Loans
NOTE: Authority cited for Article 9 (Sections 447-450, inclusive): Secdon 6078,
Water Code. Reference: Section 12885.9, Water Code.
History
1 . New Article 9 (Secdons 447-450, inclusive) filed 9-3-76 as an emergency; ef-
fective upon filing (Register 76, No. 36).
2. Cerdficate of Compliance filed 12-27-76 (Register 77, No. 1).
3. Repealer of Article 9 (Secdons 447-450) filed 7-25-83; effective thirtieth day
thereafter (Register 83, No. 3 1 ). For prior history, see Registers 79, No. 4; 77, No.
41;and77, No. 25.
Chapter 2.2.
Environmental Water Act of
1989
Article 1. General Provisions
§449.1. Definitions.
The words used in this chapter have the meanings provided in Water
Code Section 12929.2 and set forth below:
(a) "Act" means the Environmental Water Act of 1989 as set forth in
Chapter 7.7 of Part 6 of Division 6 of the Water Code (commencing as
Section 12929) and any amendments thereto.
(b) "Applicant" means the agency or entity requesting a grant, loan,
or combination of grant and loan under the Act.
Page 28
Register 93, No. 23; 6-4-93
Title 23
Department of Water Resources
§ 449.4
(c) "Direct Expenditure" means costs incurred by the Department as
a result ol' staff salary and overhead expenses associated with implement-
ing and administering the Act and other costs incurred under the Act.
(d) "Enhancement" means the process of improving upon current con-
ditions, and may be used to describe a program that results in a specific
area, such as a watershed, wetland, fisheries, or riparian area, gaining de-
sired features. It is distinguishable from "restoration" in that it does not
imply merely a return to natural conditions, but may include the provi-
sion of other features that were not part of the area's natural conditions.
(e) "Environmental Water Program" means the program authorized by
Article 3 of the Act (§§ 12929.20 through 12929.26,^inclusive).
(f) "Environmental Enhancement Component" means that part of the
Environmental Water Program that is authorized by Section 1 2929.26 of
the Act.
(g) "Environmental documentation" means written documentation
prepared in compliance with all applicable laws and guidelines relating
to the protection of the environment and resources of the State, including
but not limited to the California Environmental Quality Act and Guide-
lines (Public Resources Code § 21000 et seq.); the National Environmen-
tal Policy Act (42 U.S.C.A. § 4371 et seq.); the Federal Clean Water Act
(33 U.S.C.A. § 1 25 1 et seq.); the California Fish & Game Code, including
the California Endangered Species Act (Fish & Game Code § 2050 et
seq.); and the Federal Endangered Species Act (16 U.S.C.A. § 1531 et
seq.).
(h) "Mitigation" means those actions required by law for the purposes
listed in the CEQA guidelines at 14 California Code of Regulations sec-
tion 15370.
(i) "Mono Lake Basin Component" means that part of the Environ-
mental Water Program that is authorized by Sections 12929.20 through
12929.25 of the Act.
(j) "Private Agency" means a nongovernmental entity.
(k) "Project" and "program" mean an activity or activities that result
in an actual physical change to the environment or produce or conserve
water.
(/) "Public Agency" means any Federal agency. State agency, or politi-
cal subdivision of the State of California, including but not limited to any
county, city, city and county, or district.
(m) "Restore" means to reproduce and reestablish the physical and bi-
ological characteristics of an area which would occur in a specific area
under current climatic, geologic, and hydrologic conditions. An area is
suitable for restoration if it has been damaged or if it has been modified
by human efforts.
(n) "Study" means an activity that involves investigation, testing, re-
view, or evaluation of data without physically changing the environment
or producing additional water or power supplies.
(0) "Technical Feasibility" means that the proposed project can be de-
signed, constructed, and operated to accomplish the purpose for which
it is planned, and is planned in accordance with generally accepted engi-
neering and environmental principles and concepts.
(p) "Water Quality Program" means the program authorized by Ar-
ticle 4 of the Act (§§ 12929.30 and 12929.31).
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections
12929, 12929.1, 12929.2, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31
and 12929.41, Water Code.
History
1. New chapter 2.2 (sections 449.1-449.1 1) and section filed 6-2-93; operative
7-2-93 (Register 93, No. 23).
§ 449.2. Program Funding.
(a) The matching funds requirement for grants described in Section
12929.41(b) of the Act may be met by monetary contribution, in-kind
service such as materials, labor, or staff time, or land easements.
(b) The Department may request that the applicant seek federal funds
or participation by federal agencies.
(c) Loan applicants must demonstrate that they possess the ability to
repay the loan by providing the following information:
(1) financial statements;
(2) statements of existing cash reserves and existing debts, long term
and short term;
(3) a statement describing the applicant's legal authority to enter into
a loan contract with the state;
(4) a description of the repayment method;
(5) an explanation of how the applicant proposes to secure the loan if
required to do so by the State;
(6) a description of funding sources for all other elements of the pro-
posed project if the total project costs exceed the loan;
(7) disclosure of any other debt currently pending issuance or approv-
al; and
(8) any other information necessary to evaluate the applicant's ability
to repay the loan.
(d) The maximum loan term shall be no longer than the useful life of
the project.
(e) Applicants may apply for funds that may be appropriated in the fu-
ture.
(f) Applications that are not approved for funding may be reconsidered
in the next funding cycle.
(g) No funds shall be disbursed until the applicant has obtained all
applicable permits and complied with all applicable federal, state, and lo-
cal laws, rules and regulations, and until the applicant and the Depart-
ment execute a contract setting forth the terms and conditions of such
grants or loans.
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections
1292941, 12929.42, 12929.43 and 12949.45, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.3. Application Process.
(a) Applicants shall file with the Department a complete application.
The Department shall provide application packages upon request.
(b) A complete application consists of the application and any required
supporting information, including environmental documentation, at-
tached to, or bound with, the application.
(c) If environmental documentation is not completed, the application
may be submitted with a statement explaining in detail the steps remain-
ing in the process of obtaining final environmental documentation.
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections
12929.11, 12929.20, 12929.21 and 12929.22, Water Code. SecUon 21002.1, Pub-
lic Resources Code.
History
I. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Article 2. Specific Program Provisions
§ 449.4. Mono Lake Basin Provisions.
(a) Eligibility Requirements
(1) Only those types of projects that are listed in Section 12929.22 of
the Act and that are technically feasible shall be considered for funding.
(2) Studies may be funded only if they are associated with technically
feasible projects.
(3) The project must result in the reduction of diversions of water from
the Mono Lake Basin.
(4) Costs of long-term operation and maintenance are not eligible for
funding. Costs for long-term operation and maintenance may be part of
an in-kind service contribution.
(5) The Department shall review the project's eligibility, and may re-
vise its decision on project eligibility, if prior to the funding of the project
the State Water Resources Control Board issues a final order, or a court
issues a final judgment, regarding the Mono Lake Basin.
(b) Application Procedure
(1) The application process shall be conducted on a continuing, open
basis, in which applications shall be reviewed as they are received.
(2) Each application shall include or be accompanied by the following
information:
(A) A detailed project description;
Page 28.1
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§ 449.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(B) a detailed description of project benefits;
(C) maps of project area, marked with locations of the project compo-
nents;
(D) a description and determination of project technical feasibility and
methods to be used, with certification from a California Registered Engi-
neer;
(E) a firm estimate of the amount of water to be gained, reclaimed, or
conserved by the project;
(F) a detailed plan and schedule showing timing and amount of re-
duced diversion from the Mono Lake Basin;
(G) a detailed outline of total project costs, including long-term opera-
tion and maintenance costs;
(H) a description of source and amount of matching funds;
(I) environmental documentation and permits that are required, or a
statement pursuant to Section 449.3(c) if environmental documentation
is incomplete;
(J) a detailed schedule for the completion of the proposed project;
(K) copies of any project feasibility studies that have been prepared for
the project; and
(L) any other information necessary to evaluate the project's eligibil-
ity and technical feasibility.
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections
12929.21, 12929.22, 19292.24, 12929.41 and 12929.45, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.5. Environmental Enhancement Component.
(a) Eligibility Requirements
(1) Projects must involve activities listed in Section 12929.26 of the
Act.
(2) Applications for technically feasible projects and programs shall
be considered for funding. Studies may be funded only if they are asso-
ciated with technically feasible projects funded by the Environmental
Water Fund.
(3) No funds shall be granted or loaned for long-term operation and
maintenance. Costs for long-term operation and maintenance may be
part of an applicant's in-kind service contribution.
(4) Projects that are mitigation for other projects are not eligible for
funding under this program.
(5) In order to allow for a greater number of projects to be funded, the
total amount funded through grants, loans, or a combination of grants and
loans, for any single project shall not exceed one million dollars
($1 ,000,000), unless the applicant demonstrates to the Department's sat-
isfaction that the project provides unique possibilities for significant en-
vironmental benefits to the State.
(6) Studies not associated with technically feasible projects funded by
the Environmental Water Fund may be considered for funding if the
applicant demonstrates to the Department's satisfaction that the study
provides unique possibilities for significant environmental benefits to
the State by advancing our knowledge and understanding of a problem
and its solution, and that a resource of statewide significance is in jeopar-
dy and completion of the proposed study is a critical initial step in restora-
tion or enhancement of the resource.
(b) Projects with one or more of the following features may be given
priority for funding:
(1) The project is at an advanced stage in the planning process;
(2) The project represents advancement of an overall enhancement or
restoration goal of statewide or regional interest.
(c) Application Procedure
(1) Applications shall be submitted to the Department no later than
June 30 of each year for consideration for funding in the following fiscal
year.
(2) The Department may also solicit applications at any time.
(3) Each application shall include or be accompanied by the following
information:
(A) A detailed project description
(B) a detailed description of project benefits
(C) maps of project area, marked with locations of the project compo-
nents;
(D) a description and determination of technical feasibility and meth-
ods to be used, with certification from a California Registered Engineer;
(E) copies of any project feasibility studies that have been prepared for
the project;
(F) a detailed schedule for the completion of the proposed project;
(G) an outline of total project costs, including, where applicable:
(i) capital costs, and costs of labor, material, and equipment,
(ii) land acquisition costs,
(iii) planning-related costs
(iv) costs for mitigation if required in order to implement the project,
and
(v) an estimate of any long-term operation and maintenance costs as-
sociated with the project;
(H) a description of the source and amount of matching funds;
(I) environmental documentation and permits that are required, or a
statement pursuant to Section 449.3 (c) if environmental documentation
is incomplete;
(J) a detailed justification for any application requesting funding for
more than $ 1 ,000.000 (one million dollars) per single project. The justifi-
cation should clearly detail the significant environmental benefits to the
State and show that other funds are not available that could reduce the
amount requested from the Environmental Water Fund; and
(K) any other information necessary to evaluate the project's eligibil-
ity and technical feasibility.
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Sections
12929.11, 12929.26, 12929.41, 12929.43 and 12929.45, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.6. Water Quality Program.
(a) Projects must involve activities described in Sections 12929.30 and
12929.31 of the Act.
(b) Applications shall be submitted no later than June 30 for consider-
ation for funding in the following fiscal year.
(c) The Department may also solicit applications at any time.
(d) Each application shall include or be accompanied by the following
information:
(1 ) a detailed description of the project or study;
(2) a detailed description of the benefits to be provided by the project
or study;
(3) maps of project or study area, marked with locations of the project
components;
(4) a description and determination of the project's technical feasibil-
ity and methods to be used;
(5) a detailed outline of costs of the project or study;
(6) a description of source and amount of matching fund sources;
(7) environmental documentation and permits that are required, or a
statement pursuant to Section 449.3(c) if environmental documentation
is incomplete;
(8) a detailed schedule for the completion of the proposed project or
study;
(9) copies of any project feasibility studies that have been prepared for
the project;
(10) any other information necessary to evaluate the eligibility and
technical feasibility of the study or project.
NOTE: Authority cited: Section 12929.44, Water Code. References: Sections
12929.30. 12929.31, 12929.41, 12929.43 and 12929.45, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Page 28.2
Register 93, No. 23; 6-4-93
Title 23
Department of Water Resources
§ 450.1
Article 3. Evaluation Process
§ 449.7. Department Review.
(a) The Department shall evaluate each application for preliminary eli-
gibility based on the applicant's description of the project, program, or
study, and financial and cost information provided. The Department will
notify the applicant of the applicant's preliminary ehgibility status.
(b) A Technical Review Committee (TRC) shall be established by the
Department to evaluate the project or study and to make recommenda-
tions to the Department.
(c) The TRC shall be composed of Department representatives, repre-
sentatives of the Department of Fish and Game, and other state and feder-
al representatives, as determined by the Department.
NOTK: Authority cited: Section 12929.44. Water Code. Reference: Sections
12929.11, 12929.20, 12929.21, 12929.22, 12929.26, 12929.30, 12929.31,
12929.40 and 12929,45, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.8. Public Review.
(a) After the Department notifies an applicant of the proposed proj-
ect's preliminary eligibility, the applicant shall hold one or more public
meetings to describe the project to interested persons.
(b) If the applicant has already held a pubhc meeting on the project,
the Department may waive the requirement of subdivision (a).
(c) If the applicant changes any part of the project as a result of com-
ments received from a public meeting, the applicant must submit those
project changes to the Department for further review.
(d) Any comments received by the applicant during public comment
shall be presented to the Department before the application shall be con-
sidered complete.
NoTE: Authority cited: Section 12929.44, Water Code. Reference: Section
12929.40, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.9. Basis for Award of Funds.
The Department's decision to award funds to a program, project or
study shall be based on the following factors:
(a) Whether the project, program, or study is consistent with the Act
and regulations promulgated under the Act;
(h) the significance and scope of the environmental benefits provided;
(c) the technical feasibility of the project, program or study;
(d) availability of funds from the Environmental Water Fund; and
(e) the availability of alternative funding.
NOTB: Authority cited: Section 12929.44, Water Code. Reference: Sections
12929.11, 12929.14, 12929.15, 12929.20, 12929.21. 12929.22, 12929.23,
12929.24, 12929.26, 12929.30, 12929.31, 12929.41, 12929.42 and 12929.45,
Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.1 0. Project Site Visitation.
(a) Prior to entering into a contract, representatives of the Department
may visit the project site to assess its conditions and needs, and then meet
with project sponsors.
(b) After entering into a contract and during planning and construction
or after project completion, the Department may inspect the project site
at any reasonable time to ensure that the project is being carried out in
accordance with the project described in the application and as described
under the contract.
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Section
12929.45, Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
§ 449.1 1 . Commitment of Funds and Final Report.
(a) After a project, program or study has been approved for funding by
the Department Director, a letter of commitment will be sent to the appli-
cant, stating that the application has been approved for funding.
(b) The interest rate for a loan shall be stated in the letter of commit-
ment.
(c) If a contract is not signed within three months after the commitment
letter is sent to the applicant, the Department may withdraw or revise the
letter of commitment.
(d) Upon completion of the project, the applicant shall submit a written
report of the project to the Department. The report should include photo-
graphs of restoration or enhancement activiUes and techniques.
NOTE: Authority cited: Section 12929.44, Water Code. Reference: Section
12929.45. Water Code.
History
1. New section filed 6-2-93; operative 7-2-93 (Register 93, No. 23).
Chapter 2.3. Loan Programs Under tlie
Water Conservation and Water Quality Bond
Law of 1986, and the Water Conservation
Bond Law of 1988 and Loan and Grant
Programs for Local Projects Under the Safe,
Clean, Reliable Water Supply Act
§450.1. Definitions.
The words used in this subchapter have the meanings set forth below:
(a) "Bond law" means the Water Conservation and Water Quality
Bond Law of 1986 as set forth in chapter 6.1 of division 7 of the Water
Code (commencing at section 13450), and the Water Conservation Bond
Law of 1 988 as set forth in chapter 4.7 of part 6 of division 6 of the Water
Code (commencing at section 1 2879) and Local Projects, under the Safe,
Clean, Reliable Water Supply Act, set forth in Article 4 of Chapter 6, Di-
vision 24 of the Water Code (commencing with section78680).
(b) "Applicant" means a public local agency or public agency as de-
fined in the bond law which files an application for funding under the pro-
visions of the bond law with the Department of Water Resources.
(c) "Ground water recharge project" means a project involving capital
outlay expenditures to construct, expand, renovate or restructure land
and facilities for artificial ground water recharge or in-lieu recharge, and
may include the purchase of land or easements, but not the purchase of
surface waters for use in lieu of pumping groundwater.
(d) "Water conservation project" means a project consisting of volun-
tary, cost-effective capital outlay water conservation programs as de-
fined in the bond law.
(e) "Water supply project" means any canal, dam, reservoir, ground-
water extraction facility or other construction or improvement, including
rehabilitation of a dam for water supply purposes, by a local agency for
the diversion, storage or distribution of water which will remedy existing
water supply problems. This includes any such project for the storage or
distribuUon of reclaimed water for reuse.
(f) "Local Project" means a project as defined in section 7868().4(b)
of the water code.
(g) "Eligible project costs" means costs associated with (c), (d), (e),
and (f), above that may be paid out of the proceeds of a loan made under
the bond law. It includes the reasonable costs of engineering, land and
easement acquisition, legal fees, preparation of the application to estab-
lish eligibility, preparation of environmental documentation, environ-
mental mitigation, and construction. Costs incurred prior to applying for
or entering into a contract for funding, including costs for a feasibility
study, may be reimbursed from the loan proceeds at the Department's
discretion.
Costs which are not eligible include:
(1) operation and maintenance costs,
(2) purchase of movable equipment not an integral part of the pnyect.
Page 28.3
Register 98, No. 5; 1 -30-98
§ 450.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(3) establishing a reserve fund,
(4) purchase of water supphes, and
(5) payment of principal or interest of existing indebtedness or any in-
terest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of
funds by the Department;
(B) The Department agrees in writing to the eligibility of the costs for
reimbursement before the debt is incurred; and
(C) The purposes for which the debt is incurred are otherwise eligible
project costs.
(h) "Hydrogeologic feasibility" means a determination by a registered
geologist that water placed in the ground water recharge facility will per-
colate to the aquifer intended to be recharged, and that water quality of
that aquifer is compatible with the recharge water. For an in-lieu ground
water recharge project, hydrogeologic feasibility means a determination
by a registered geologist that the proposed operation will result in re-
charge of the aquifer.
(i) "Economic justification" means that the primary economic benefits
of the project exceed the primary costs of the project.
(j) "Net water savings" means savings achieved by reducing water
losses from already developed primary water sources, such as surface
storage reservoirs or ground water.
(k) "Environmental documentation" means written documents pre-
pared and filed in accordance with the California Environmental Quality
Act (division 13, Public Resources Code commencing with section
21000), the State CEQA Guidehnes (title 14, section 15000, et seq.), the
National Environmental Policy Act (title 42, United States Code, com-
mencing with section 4321), and all applicable regulations.
(/) "Engineering feasibility" means that the proposed project can be
designed, constructed and operated to accomplish the purposes for which
it is planned, and is planned in accordance with generally accepted engi-
neering and environmental principles and concepts. Hydrologic studies
and information on water rights and the sufficiency of water supply are
essential to the determination of engineering feasibility.
(m) "Financial feasibility" means a determination by the Department
that the applicant can complete the project, or feasibility study with the
amount of funds requested in the funding application, and that the appli-
cant has the ability to repay both the principal and interest on a loan over
the designated repayment period. If the project or feasibility study cannot
be completed within the amount of the funding requested, but the apph-
cant can establish, to the department's satisfaction, that additional funds
from other sources are available to complete the project or feasibility
study and the applicant has the ability to repay all loans, whether from
the Department or other sources; the Department may determine that the
project, or feasibility study is financially feasible.
(n) "Overdraft" means that groundwater is being extracted from a ba-
sin at a projected long term average rate greater than the long term aver-
age recharge from natural and artificial sources, and that continuation of
present water management practices would probably result in significant
adverse overdraft related environmental, social and/or economic im-
pacts.
(o) "Critical need" is the same as "urgency of need" and means physi-
cal and financial need for the project in the community. Physical need is
determined by the general state of the water system, dependency on the
water supply, water quality conditions and the availability of substitute
supplies. Financial need is determined by the ability of an applicant to
fund the project from other sources.
(p) "Water management program" means any formalized water man-
agement program, including relevant local land use, water management
or general plans.
(q) "Statewide Interest" means the extent to which a project protects
public or private property from damage, protects natural resources
against loss or waste or fosters their conservation and proper use, or pro-
duces benefits that are disbursed generally throughout the community or
project area.
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference;
Sections 12879.2, 12879.5, 12879.6,78680.4, 78680.10, 78680.12 and 78680.14,
Water Code.
History
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. New subsection (e). (k)-(p), amendment of subsections (a)-(d) and renumbered
subsections (f)-(j) filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Amendment of chapter headina, section and Noth filed 1-28-98; operative
2-27-98 (Register 98, No. 5). "
§ 450.2. Application for Funding for Construction Loans.
Applicants for a construction loan under the Bond law shall file an
application as provided by the Department. A complete application shall
contain the following information:
( 1 ) A description of the project, with illustrations or maps showing
project features as appropriate to the type of project, signed by a civil en-
gineer, registered pursuant to California law. For a ground water project,
a geologist, registered pursuant to California law, must also sign.
(2) Information demonstrating the engineering feasibility of the proj-
ect.
(3) Information regarding the economic justification for the project,
including a discussion of the least costly alternative to the proposed proj-
ect which will produce similar results and is engineeringly, financially,
and environmentally feasible.
(4) Information regarding critical need for the project.
(5) For ground water recharge projects and in-lieu recharge projects,
information regarding the hydrogeologic feasibility of the project and the
amount of net overdraft reduction that should result from the project.
(6) For water conservation projects, schematic drawings of water rout-
ings before and after the project, showing the effect of the project on di-
versions, deliveries to customers, evaporation, transpiration, deep perco-
lation and surface drainage, as well as information regarding the net
water savings to be derived as a result of the project. This includes identi-
fying the source of the water to be conserved and the use proposed to be
made of the conserved water.
(7) For water supply projects and local projects, a description of the
existing water supply problems and how the proposed project will reme-
dy them, the source of the water supply proposed to be developed, the
proposed use to be made of the developed water supply, and the nature
and extent of statewide interest in the project.
(8) Copies of any studies previously prepared for the project.
(9) A statement describing the availability of all water supplies needed
for the life of the project, and the water rights the applicant has for the
project, addressing the type and duration of those rights.
(10) A timetable for project completion.
(1 1) An estimated total cost of the project, showing details of eligible
project costs.
(12) The amount of the State loan requested; the sources and amounts
of other funds to be applied toward the project; the proposed loan term,
not to exceed 20 years; the proposed method of loan repayment; and other
information regarding the financial feasibility of the project.
( 1 3) Information regarding the financial status of the applicant, includ-
ing it's ability to repay a loan.
(14) Citations of the applicant's statutory enabling laws, and authority
to contract with the State for a loan of the proposed type and duration,
including a brief description of the procedural steps required by the appli-
cant' s enabling laws to contract with the State for a loan.
( 1 5) A resolution of the applicant' s governing body authori zing a des-
ignated representative to submit the application.
( 1 6) All environmental documentation available at the time the appli-
cation is filed, together with a plan and schedule for completi:ag all other
required environmental documentation and a disclosure of any antici-
pated problems.
[The next page is 29.]
Page 28.4
Register 98, No. 5; 1-30-S
Title 23
Department of Water Resources
§ 450.6
( 17) A disclosure of all known public support and opposition to the
project at the time of application. This includes the comments of all inter-
ested individuals in the area impacted by the project and not solely of the
beneficiaries of the project.
( 1 8) A statement regarding whether there is a water management pro-
gram in the area impacted by the project, and if so, how the proposed proj-
ect fits within it.
( 1 9) A statement listing all relevant local land use or general plans, and
describing how the proposed project fits within those plans.
(20) A list of all permits that will be required for the project, together
with a plan and schedule for obtaining those permits and a disclosure of
any anticipated problems.
(2 1 ) Additional Documentation. During the administration of this pro-
gram and the evaluation of applications, additional engineering, techni-
cal, financial, economic, hydrologic, geologic, soil and water quality, en-
vironmental, water rights, and legal analyses and justification may be
required by the Department.
Note: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference:
Sections 12879.2, 12879.4, 12879.5, 12879.6, 78680.8, 78680.12 and 78680.14,
Water Code, Section 21 150, Public Resources Code.
History
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Amendment of subsection (7) and Notk filed 1-28-98; operative 2-27-98
(Register 98, No. 5).
§ 450.3. Feasibility Studies.
The feasibility studies to be funded under this provision are studies
conducted and reports prepared to determine the engineering, hydrogeo-
logic, environmental, economic and financial feasibility of a proposed
water conservation, ground water recharge, water supply project, dam or
reservoir. Feasibility study results will provide the information needed
to develop a complete construction loan application. A feasibility study
shall include an Environmental Impact Report prepared pursuant to Divi-
sion 13 of the Public Resources Code, commencing with Section 21000.
Applications for feasibility study funding shall be filed as required by the
Department and shall contain any of the information listed in section
450.2 that is required by the Department. The Department shall deter-
mine which applicants will receive feasibility study funding based upon
a preliminary review of the soundness of their proposed project, the fi-
nancial resources available to the applicant, the potential economic justi-
fication and critical need for the proposed project, the likelihood that con-
struction of the project will be funded, and the amount of funds available
for feasibility study loans and grants.
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference:
Secfions 12879.5(h), 12879.6(e), 78680.4, 78680.10, 78680.12 and 78680.14,
Water Code.
History
1. New section filed 5-21-87; operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operafive 10-21-90 (Register 90, No. 44).
3. Amendment of section and Note filed 1-28-98; operative 2-27-98 (Register
98, No. 5).
§ 450.4. Application for Land Acquisition Loans for Local
Projects.
Land Acquisition is a component of an eligible Project pursuant to
Water Code Sections 78680.4(b), 78680.12 and 78680.14. The Depart-
ment may make loans to public agencies for acquisition of interest in
lands that are necessary for, and a part of a single local project. Applica-
tion for such funding shall contain any of the information listed in section
450.2 that is required by the Department.
NOTE: Authority cited: Secfion 78680.20, Water Code. Reference: Sections
78680.4(b), 78680.12 and 78680.14, Water Code.
History
1. New section filed 5-21-87; operafive 6-20-87 (Register 87, No. 22)
2. Amendment filed 2-21-91; operafive 2-21-91 (Register 91, No. 12).
3. Editorial correction deleting former History 2 and renumbering subsequent
History Note (Register 95, No. 28).
4. Renumbering of former section 450.4 to section 450.5 and new secfion 450.4
filed 1-28-98; operafive 2-27-98 (Register 98, No. 5).
§ 450.5. Priority List.
(a) The Department shall establish and maintain separate priority lists
of construction projects, for the following: 1) water conservation proj-
ects; 2) groundwater recharge projects; 3) water supply projects; and 4)
local projects. Construction loans of up to $5,000,000 per project shall
be offered to applicants for each project in priority list order, as funds are
available. The Department shall prepare new priority lists at least every
two years until all available funds are committed, and may do so more
frequently. When a new priority list is established, the previous priority
list is superceded. Unless funds have been submitted in writing to a proj-
ect on the superceded priority list, all projects on the superceded list shall
be given priority for funding in accordance with the new priority list, and
new or updated applications for those projects may be required by the De-
partment.
(b) Priority Criteria for Eligible Groundwater Recharge Construction
Projects. Projects will be ranked in priority order for construction loan
funding on the basis of the following criteria. The relative weight to be
given each criterion is expressed as a percentage:
( 1 ) Economic justification, 25 percent.
(2) Overdraft reduction and alleviation of related problems, such as
subsidence, saltwater intrusion or other water quality problems. 20 per-
cent.
(3) Engineering and hydrogeologic feasibility, 35 percent.
(4) Critical need for the project in the community, 15 percent.
(5) Consistency with water management programs, 5 percent. Consid-
eration may also be given to whether the applicable after management
program or plans are current, complete, recognize the best water conser-
vation practices, enjoy community support, and are being followed.
(c) Priority Criteria for Water Conservation Construction Projects.
Projects will be ranked in priority order for construcfion loan funding on
the basis of the following criteria. The relafive weight to be given each
criterion is expressed as a percentage:
(1) Cost Effectiveness, 50 percent. In assessing cost effectiveness,
consideration will be given to both primary and secondary costs and
benefits.
(2) Net water savings, 30 percent. In evaluating net water savings, the
Department may consider impacts resuUing from possible loss of use of
water by any downstream user or for fish, wildlife or recreational pur-
poses.
(3) Engineering and hydrologic feasibility, 20 percent.
(d) Priority Criteria for Water Supply Projects and Local Projects.
Projects will be ranked in priority order on the basis of the following cri-
teria. The relative weight to be given each criterion is expressed as a per-
centage:
(1) Cost effectiveness and economic justification, 50 percent. In as-
sessing cost effectiveness, consideration will be given to both primary
and secondary costs and benefits.
(2) Nature and extent of statewide interest in the proposed project, 10
percent.
(3) Engineering, hydrologic and/or hydrogeologic feasibility, 20 per-
cent.
(4) Urgency of the need for the project in the community, 20 percent.
In assessing the urgency of the need consideration will be given to the
critical need for and financial feasibility of the project.
NOTE: Authority cited: Secfions 12879.4 and 78680.20, Water Code. Reference:
Sections 12879.2(h), 12879.5(c) and (e), 12879.6(c) and (d). 78680.12 and
78680.14, Water Code.
History
1. New secfion filed 5-21-87; operafive 6-20-87 (Register 87, No. 22).
2. New subsection (a) and (c), amendment of exisfing provisions as (b)(6)-(]0)
filed 9-21-90; operafive 10-21-90 (Register (90, No. 44).
3. Renumbering of former secfion 450.5 to section 450.6 and renumbering of for-
mer section 450.4 to section 450.5, with amendment of section and Note, filed
1-28-98; operafive 2-27-98 (Register 98, No. 5).
§ 450.6. Contract Requirements.
(a) The following requirements apply to funding contracts:
Page 29
Register 98, No. 5; 1 -30-98
§ 450.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(1) All applicable environmental documentation must be completed
prior to entering into a contract.
(2) The Department may enter into a contract before the applicant has
obtained all applicable permits, but may not disburse any funds to be used
for land acquisition and/or project constniction until the applicant has
complied with all applicable federal, state and local laws, rules and regu-
lations, and obtained all required permits.
(3) Applicants for all projects impacting a domestic water supply must
have the project approved in writing by the State Department of Health
Services before a construction contract can be executed.
(4) If a contract is not signed by the applicant within six months after
the Department transmits a letter of commitment of funds, the letter of
commitment may be withdrawn or revised.
(5) The Department may, at its discretion, require that final plans and
specifications, certified by a registered civil engineer, be submitted to it
for approval prior to execution of a construction loan contract.
(6) The term of the loan shall be as short as possible considering the
ability of the applicant to repay the loan.
(b) In addition to the requirements listed in Water Code section
1 2879.4(c) and 78680. 1 2. the funding contract shall include all of the fol-
lowing terms and conditions that are applicable:
( 1 ) The estimated cost of the project or feasibility study.
(2) An agreement by the Department to loan or grant the applicant an
amount which equals the portion of the costs of the project or feasibility
study, found by the Department to be eligible for State funding. The
agreement may provide for disbursement of funds during the progress of
the project or feasibility study, or following completion of the project or
feasibility study, as agreed by the parties. The agreement may allow the
Department to withhold up to 1 percent of the loan or grant proceeds un-
til the project or feasibility study is completed.
(3) If the entire project or feasibility study is not being funded under
this Bond law, the Department shall include a provision requiring the
applicant to share in the cost of the project or feasibility study or obtain
funding from other sources. This provision shall provide that no State
funds shall be disbursed until the applicant demonstrates acquisition of
sufficient funds to complete the project or feasibihty study. It may also
provide that no State funds shall be disbursed until all amounts of other
funds have been exhausted.
(4) An agreement by the applicant to commence operation of the proj-
ect upon completion thereof, and to properly operate and maintain the
project in accordance with the applicable provisions of law.
(5) An agreement by the applicant to repay the state, over a period not
to exceed the useful life of the project or 20 years, whichever is shorter,
or, in the case of a feasibility study, over a period not to exceed five years,
all of the following:
(A) The amount of the loan.
(B) The administrative fee, if applicable, and
(C) Interest on the principal (the amount of the loan funds disbursed
plus the applicable administrative fee).
(6) An agreement to provide security for repayment of the loan, as
deemed appropriate by the Department.
(7) An agreement to retain a fiscal agent and make deposits with that
fiscal agent to assure that sufficient funds will be available for the fiscal
agent to transmit semiannual payments of principal and interest to the
State when due. The services of the fiscal agent shall continue until the
loan has been fully repaid. The applicant may employ the services of its
county controller or treasurer as fiscal agent.
(8) Unless otherwise approved by the Department, a reserve of at least
two semiannual payments shall be accumulated and deposited with the
fiscal agent during the first ten years of the loan repayment period. At
least half of the required reserve balance shall be on deposit by the end
of the first five years. Reserves shall be maintained at these levels thereaf-
ter unul the loan is repaid in full.
(9) An agreement to use the compefitive bidding process for all con-
struction, materials, and equipment contracts exceeding $20,000 unless
an exception in writing has been obtained from the Department. An
applicant seeking a waiver of the contractual competitive bidding re-
quirement shall make a written request to the Department, in advance of
the bidding process, which sets forth the reasons for the request and dem-
onstrates that no statute or ordinance imposing competitive bidding re-
quirements will be violated if the waiver is granted. In addition, appli-
cants shall obtain the written consent of the Department before using the
services of their own employees to perform engineering or construction
work on the project.
( 10) An agreement by the applicant, where the local project has as one
of its components land acquisition, to comply with Water Code Section
78680.16.
( 11 ) An agreement that funds retained pending completion of project
items and contracts shall not be disbursed until the Department has re-
ceived written certification by a registered engineer that the specific item
or contract has been completed in accordance with the plans and specifi-
cations.
(c) The funding contract may include any of the following terms and
condiuons, as appropriate:
(1 ) An agreement by the applicant to adopt a fee structure which pro-
vides for the proper maintenance and operation of the project and in-
cludes a sinking fund for repair and replacement of the facilities.
(2) Any other terms determined to be appropriate by the Department.
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference:
Sections 12879.4, 12879.5(h). 12879.6(e), 78680.12, 78680.14 and 78680.16,
Water Code, Section 21 150, Public Resources Code.
History
1. New section filed 5-21-87: operative 6-20-87 (Register 87, No. 22).
2. Amendment with repeal of subsection (c) filed 9-21-90; operative 10-21-90
(Register 90, No. 44).
3. Renumbering of former section 450.6 to section 450.7 and renumbering of for-
mer section 450.5 to section 450.6, with amendment of section and Note, filed
1-28-98; operative 2-27-98 (Register 98, No. 5).
§ 450.7. Public Meeting or Election on Project Loan Debt.
(a) A public meefing or, if required by the applicants governing law,
an elecdon on the proposed project loan debt must be held by the appli-
cant before entering into the funding contract, unless the contract is for
a feasibility study loan or grant. A meeting or the required election shall
be conducted after the Department has noUfied the applicant of its rank-
ing within the fundable range of the priority Ust, but before the loan con-
tract is executed. The purpose of the public meedng shall be to inform the
ratepayers of the project and to provide a forum for public comment on
the means of financing the project. This public meefing may be combined
with another public meeting which the applicant must hold on the project.
(b) Before conducting a public meefing on the project debt, the appli-
cant shall:
(1) Establish a date for the meeting agreeable to the Department.
(2) Obtain a meefing place of sufficient size and at a convenient loca-
tion to accommodate the anticipated audience.
(3) Notify the Department in wrifing at least thirty calendar days be-
fore the meefing, and provide reasonable nofificafion to the public and
the local news media at least fifteen calendar days before the meeting.
The notice shall state: the date, time, locafion and purpose of the meefing
and the location where informafion describing the project may be re-
viewed.
(4) At least fifteen days before the meefing, make available informa-
fion describing the project in a form and locafion that will enable the pub-
lic to review it and to make comments.
Within thirty days following the meefing or elecfion, the appficant
shall submit a written report to the Department describing the meeting
including an assessment of support and opposifion to the project.
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference:
Sections 12879.4(c)(5) and 78680.12(c), Water Code.
History
1. New section filed 5-21-87; operafive 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
Page 30
Register 98, No. 5; 1-30-9
Title 23
Department of Water Resources
§ 451.2
3. Renumbering of former section 450.7 to section 450.8 and renumbering of for-
mer section 450.6 to section 450.7, with amendment of subsection (a) and Notf-:,
filed 1-28-98; operative 2-27-98 (Register 98. No. 5).
§ 450.8. Final Plans and Specifications.
Each constmction project shall be defined by final plans and specifica-
tions. Before commencing constmction, each agency having executed a
contract for a constmction loan shall provide to the Department a certifi-
cation from a civil engineer, registered pursuant to California law, that
detailed plans and specifications have been completed in accordance
with the executed contract. The agency shall not commence construction
before notifying the Department in writing of the date constmction is to
begin.
NOTE; Authority cited: Sections 12879.4 and 78680.20. Water Code. Reference:
Sections 12879.4 and 78680.12(b), Water Code.
History
1. New section filed 5-21-87: operative 6-20-87 (Register 87, No. 22).
2. Amendment filed 9-21-90; operative 10-21-90 (Register 90, No. 44).
3. Renumbering of former section 450.8 to new section 450.9 and renumbering of
former section 450.7 to section 450.8, with amendment of section and Noxii,
filed 1-28-98; operative 2-27-98 (Register 98. No. 5).
§ 450.9. Certification of Completion.
(a) Upon completion of the project, the agency shall provide certifica-
tion by a civil engineer, registered pursuant to California law, that the
project has been completed in accordance with the plans and specifica-
tions and any modifications thereto in accordance with the executed con-
tract, as amended.
(b) The agency shall be responsible for maintaining as-built plans and
specifications until the loan is repaid to the State.
NOTE: Authority cited: Sections 12879.4 and 78680.20, Water Code. Reference:
Sections 12879.4 and 78680.20, Water Code.
History
1. Renumbering of former section 450.8 to new section 450.9 filed 1-28-98; op-
erative 2-27-98 (Register 98, No. 5).
Chapter 2.4. Grant Program Under the
Urban Creeks Restoration and Flood Control
Act of 1985
§451.1. Definitions.
The words used in this subchapter have the meanings set forth below:
(a) "Bioengineering" is the use of horticultural and landscape planting
techniques with living materials, in conjunction with grading, earth mov-
ing and conventional soil stabilization stmctures, to produce a self-rep-
airing, low-cost composite bank or channel.
(b) "Citizens' Group" is an organization of the public which has no of-
ficial governmental status, including but not limited to clubs, societies,
neighborhood organizations, advisory councils, and non-profit local
community conservation corps and other non-profit organizations.
(c) "Co-sponsor" means a local agency involved in planning, flood
control or waterway management or an individual or citizens' group in-
terested in floodplain management and stream restoration which, jointly
with the sponsor, supports and actively participates in a project. There
may be more than one co-sponsor for a single project. If the sponsor is
a local agency, at least one co-sponsor must be a citizens' group and
vice-versa.
(d) "Department" means the Califomia Department of Water Re-
sources.
(e) "Eligible project costs" means reasonable costs associated with
carrying out a project as described in section 45 1 .3, including the reason-
able costs of organizing community and/or volunteer groups, engineer-
ing, land and easement acquisition, legal fees, preparation of the applica-
tion for funding, preparation of environmental documentation,
environmental mitigation, and constmction. Costs incurred prior to ap-
plying for or entering into a contract for grant funding may be reimbursed
at the Department's discretion. Costs that are not eligible include regular
operation and maintenance costs, and costs for the purchase of movable
equipment not an integral part of the project.
(f) "Endorse" or "Endorser" means a group or individual who expres-
ses written support for a grant application and may or may not have a
commitment to actively participate.
(g) "Enhancement" means the process of improving upon current con-
ditions, and may be used to describe a program that would result in a
channel gaining desired features, while considering conditions for fish
and wildlife. It is distinguishable from "restoration" in that it does not im-
ply merely a return to natural conditions, but may include the provision
of recreation or other features that were not part of the natural channel.
(h) "Flood mitigation measures" refers to selective removal of excess
sediment or debris deposited during a flood event which is likely to de-
flect or restrict flows and increase flooding or erosion in the future, bioen-
gineering projects to restore streambanks damaged during flood events,
and revegetation efforts to improve the fluvialgeomorphology of
streams.
(i) "Local Agency" means any political subdivision of the State of Cal-
ifornia, including but not limited to any county, city, city and county, dis-
trict, joint powers agency, local community conservation corps agency,
or council of governments.
(j) "Local Community Conservation Corps" is a non-profit benefit
corporation formed or operating pursuant to Part 2 (commencing with
Section 5110) of Division 2 of Title 1 of the Corporations Code, or an
agency operated by a city, or city and county, which is certified by the
California Conservation Corps under Section 14507.5 of the Public Re-
sources Code. These organizations may also be referred to as local urban
conservation corps or local conservation corps to avoid confusion with
the California Conservation Corps.
(k) "Nonstmctural" refers to measures which solve flooding or erosion
problems without physically changing the dimensions of a waterway.
This may include floodplain zoning, land acquisition, flood insurance,
watershed management, debris removal, and floodproofing of existing
stmctures by elevating or building a berm around them, but does not in-
clude constmcting storage reservoirs or lining channels.
(/) "Restore" means to reproduce and reestablish the physical and bio-
logical characteristics of a natural channel which would occur at a given
location under the current climatic, geologic and hydrologic conditions.
Either a natural channel that has been damaged or a channel that has been
modified by human efforts can be restored.
(m) "Sponsor" means a local agency involved in planning, flood con-
trol or waterway management or an individual or citizens' group inter-
ested in floodplain management and stream restoration, which is acting
as the principal party making the grant application and which will have
primary responsibility for executing the contract, submitting the invoices
and receiving reimbursements.
(n) "Stable" and "stabilize" refer to the state or process of bringing a
channel to a condition of equilibrium in which the dimensions and gradi-
ent are appropriately matched to the watershed and the mnoff of water
and sediment, with the objective to have a self-maintaining system.
(o) "Stream clearance" refers to removal of garbage, junk and exces-
sive vegetation to allow for more effective geomorphic functioning of the
stream, so that there is neither excessive deposition or excessive erosion,
while maintaining suitable vegetation and woody debris to provide
aquatic and riparian habitat.
NOTE; Authority cited: Section 7048, Water Code. Reference: Sections 7048 and
79062, Water Code.
History
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of secfion and Note filed 5-21-2001 ; operative 6-20-2001 (Reg-
ister 2001, No. 21).
3. Amendment filed 12-28-2001; operative 1-27-2002 (Register 2001, No. 52).
§451.2. Program Purposes.
(a) The Urban Creek Restoration Program is intended to protect, re-
store, and enhance urban creek channels by combining effective, low-
cost flood control with preservation and enhancement of the natural envi-
ronment. Its purpose is to reduce flooding and erosion in ways which
Page 30.1
Register 2001, No. 52; 12-28-2001
§ 451.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
restore the ecological viability of creek environments located in predom-
inantly urban areas, thereby enhancing aesthetic, recreational, and fish
and wildlife values.
(b) Urban creek protection, restoration and enhancement are best un-
dertaken at the local level by a combination of local agencies and citi-
zens" groups. Local agencies and citizens' groups have the greatest in-
centive to make the projects successful. Community participation
reduces the cost of the projects and fosters long-term community com-
mitment to maintenance of the projects and affected streams. The Urban
Creek Restoration Program is designed to provide assistance from the
State to the local effort.
(c) The Urban Creek Restoration Program is designed to contribute to
the long-term enhancement and restoration of natural stream corridors
in the State of California by encouraging projects which contribute to the
education of the public in methods of stream restoration or stream corri-
dor management and develop new techniques and innovative technolo-
gies in the field of stream restoration.
NOTE: Authority cited: Section 7048. Water Code. Reference; Section 7048, Wa-
ter Code, Sections 5907(e)(3) and 3919, Public Resources Code.
History
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
§ 451 .3. Types of Projects for Which Assistance Is
Available.
Planning and financial assistance will be available for projects de-
signed to accomplish one or more of the objectives listed below:
(a) Projects designed to organize and/or supervise volunteer labor to
clear debris from stream channels and perform erosion control and bank
stabilization work.
(b) Projects designed to develop and implement stream restoration
plans.
(c) Projects designed to use bioengineering techniques to install plant
materials, rock, netting, mulch, wood fencing, irrigation or drainage sys-
tems necessary to control erosion or stabilize banks.
(d) Projects designed to remove culverts or storm drains as needed to
stabilize and restore channels or accomplish flood control objectives.
(e) Projects designed to carry out nonstructural flood control actions
that contribute to the goal to protect, restore and enhance natural stream
environments, including the acquisition of land, and the elevation, relo-
cation and/or floodproofing of structures.
(f) Projects that utilize local community conservation corps and other
nonprofit corporations for local stream clearance, flood mitigation and
cleanup activities.
NOTE: Authority cited; Section 7048, Water Code. Reference; Sections 7048 and
79062, Water Code.
History
1. New section filed 9-20-90; operafive 10-10-90 (Register 90, No. 44).
2. New subsection (f) and amendment of NoTH filed 5-21-2001; operative
6-20-2001 (Register 2001, No. 21).
§ 451 .4. Applications for Financial Assistance.
(a) Grant funding in an amount not to exceed $1 million per project
shall be available for eligible project costs associated with projects de-
scribed in section 45 1 .3 above. Assistance may be given under the Urban
Creek Restoration Program to projects which involve the assistance or
participation of Federal or State agencies, so long as those projects are
sponsored by at least one local agency and at least one citizens' group.
(b) The Department shall conduct periodic grant application cycles
based upon availability of funding and the existing pool of projects ap-
proved for funding. For each grant application cycle, the Department
shall notify the public that financial assistance is available. Applications
for funding shall be due 75 days after mailing of the notice. When funding
constraints require a streamlined application cycle, the notice shall so
state and applications for funding shall be due 30 days after mailing of
the notice. Applications may be made for projects to be implemented in
phases. The Department may require a new application for funding for
each phase of a project, and may re-evaluate the project during each
successive application cycle. Unfunded applications from a previous
cycle may, at the discretion of the Department, be carried over for consid-
eration in the next application cycle.
(c) Applicants for financial assistance shall file a written application.
A complete application shall include, but not be limited to, the following
information:
(1) A cover sheet identifying all sponsors, co-sponsors, the program
manager and any endorsers of the project, and providing information re-
garding the sponsor' s legal authority to submit the application. Attached
to the cover sheet shall be a map showing the location of and access to
the proposed project site.
(2) A summary statement describing the purpose of the project propos-
al. The summary statement shall address how the project or plan proposes
to meet the program objectives set forth in sections 451.2 and 451.3
above and fits within the goals of California Water Code section 7048,
and whether the grant will assist in planning or implementation of a creek
restoration project, or both.
(3) A description of the stream restoration or watershed management
techniques the applicant proposes to use.
(4) A description of the project's relationship to other flood control
projects, which states whether the proposed project and/or plan supple-
ments or would be in Heu of a local or cooperative local-federal flood
control project, and whether it is consistent with applicable local land
use, water management and/or general plans. If there is any relationship
between the proposed project and other flood control projects, the de-
scription shall identify the agencies and organizations involved and sum-
marize the plans and features of the other projects.
(5) A description of the proposed project's use of public participation
in planning, design or implementation of the project.
(6) A description of the educational benefits to be derived by the public
and any technical advances or demonstrations of new methods of stream
restoration or stream corridor management the project may provide. This
should include a description of the photographs, charts, videotapes, re-
ports, or other material the applicant plans to develop to illustrate the
methods used and the results obtained by the project. At the completion
of the project, copies of these materials are to be submitted to the Depart-
ment of Water Resources, which shall make them available to the public
upon request and payment of its reasonable reproduction costs.
(7) A description of plans for long-term management or maintenance
of the stream which the project will affect.
(8) A disclosure of other options available to the applicant to carry out
the proposed project if the Urban Creek Restoration Program is unable
to provide full funding, including other potential funding sources. The
applicant shall identify the priority set by the applicant on various project
components, to be used in the event partial funding is provided.
(9) A description of all anticipated local contributions to defray the
cost of the project, which may include financing, materials, paid or vol-
unteer labor, administrative services, rights-of-way, easements, equip-
ment or landfill fees.
(10) A project budget reflecting all costs associated with the project,
and designating specifically costs to be covered by the grant request,
costs to be covered by local contributions and costs to be covered by any
other source. The budget should quantify costs for planning and design,
ground area of restoration work, labor, material and equipment require-
ments, and display the total project budget in relation to the total amount
of the grant request.
(1 1) A project schedule designating anticipated start and finish dates,
and highlighting any times or components which are contingent upon the
actions of other entities.
(12) During the administration of this program and the evaluation of
applications, additional technical, financial, hydrologic, bioengineering,
soil and water quality, environmental, water rights, legal analyses and
justifications, and other relevant information may be required by the De-
partment.
NOTE: Authority cited; Section 7048, Water Code. Reference; Sections 7048 and
79062, Water Code.
Page 30.2
Register 2001, No. 52; 12-28-2001
Title 23
Department of Water Resources
§451.6
•
History
1 . New section filed 9-20-90; operative 10-10-90 (Register 90. No. 44).
2. Ameiuiment of subsections (a) and (c) and amendment of Noth filed
5-21-2001; operative 6-20-2001 (Register 2001, No. 21).
3. Amendment of subsection (b) filed 12-28-2001; operative 1-27-2002 (Regis-
ter 2001, No. 52).
§ 451 .5. Priority for Financial Assistance.
(a) For each application cycle, the Department shall establish a priority
list pursuant to the requirements of Water Code section 7048(c), after
considering the recommendations of an interdisciplinary team com-
prised of technical experts from the Department of Water Resources and
a representative of the Department of Fish and Game, and based upon the
following criteria.
( 1 ) Is the project designed to relieve the magnitude or severity of flood-
ing and/or to protect property and resources from bank failure?
(2) Is the project planned in conjunction with or in lieu of local flood
control projects, and would it result in implementation of more environ-
mentally sensitive flood management approaches than would otherwise
be implemented? (Note: Any project that directly conflicts with federally
authorized and funded flood control projects shall not be funded under
this program without the consent of the Director.)
(3) Does the project use cost effective, low maintenance bioengineer-
ing techniques for flood damage reduction while protecting, restoring
and enhancing natural environmental values?
(4) Does the project restore culverted or channehzed segments to a
condition which optimizes fish passage conditions in fish bearing
streams and the natural, recreational, and aesthetic values of the stream
consistent with flood control objectives?
(5) Does the project incorporate non-stnictura! methods to reduce ur-
ban flooding and erosion and maintain or improve environmental and so-
cial benefits.
(6) Does the project incorporate riparian restoration techniques that
improve habitat for fish and wildlife?
(7) Does the project enhance aesthetic, recreational and economic val-
ues?
(8) Does the project enjoy broad based public and institutional sup-
port?
(9) Does the project incorporate significant participation of local agen-
cies and citizens' groups in project planning, design or implementation?
Do the sponsors share in the project costs by providing funds or in kind
contributions (i.e. administrative/technical services, labor, materials,
equipment)?
(10) Does the project provide for collection and distribution of in-
formation of value to the public regarding either the community involve-
ment or technical aspects of natural stream restoration?
(11) Is the project consistent with all relevant local land use, water
management or general plans?
( 1 2) Is the project important as an innovation or unprecedented depar-
ture in the field of stream restoration?
(13) Is the project of value to the general public?
(14) Is there a particular need for timely action on this project?
(15) Are other funding sources available to the applicant? Is the De-
partment the only likely funding source for this project? Will providing
this grant allow implementation of a larger, collaborative, multiobjective
project?
(16) Is there a need for continuity and final implementation of plans
previously funded by the Program?
(b) Applications reviewed shall be considered for partial funding to in-
crease the number of projects that may be funded. The Department may
allocate funds for a project in an amount less than the amount requested
in the application. The Department shall also consider the location and
size of proposed projects to provide for a reasonable geographic distribu-
tion of projects and a balance between small and large projects. The De-
partment will coordinate with CALFED to ensure projects funded are not
in conflict the CALFED goals and objectives.
(c) The priority list shall consist of all projects for which funds are allo-
cated in a given application cycle. The Department may establish a re-
serve list of projects to which funds may be allocated if applicants on the
priority list decline grants, abandon their projects, or otherwise fail to use
the entire amount of funds allocated to them. The Department may estab-
lish an additional priority list from the remaining pool of qualified appli-
cants if additional funds become available.
NOTE: Authority cited: Section 7048, Water Code. Reference: Sections 7048 and
79062, Water Code.
History
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
2. Amendment of section and NOTE filed 5-21-2001 ; operative 6-20-2001 (Reg-
ister 2001, No. 21).
3. Amendment of subsection (a)(7) filed 12-28-2001 ;operative 1-27-2002 (Reg-
ister 2001, No. 52).
§451.6. Contract Requirements.
(a) Prior to entering into a contract, representatives of the Department
may visit the project site to assess its conditions and needs, and then meet
with all the project sponsors, co-sponsors, endorsers, and any other local
officials, agencies and/or organizations with an interest in the project to
develop a work plan. The work plan shall reflect the specific schedule and
components of the project, and incorporate recommendations made by
the Department. The work plan shall be attached to and become a part of
the contract between the Department and the applicant. The Department
may require all individuals or organizations it believes to be integral to
the effecUve complefion and long-term maintenance of the project to en-
dorse the work plan.
(b) The project sponsors must provide an opportunity for public com-
ment, unless the Department waives this requirement for good cause. A
public meeting held to adopt a resolution to support the project or accept
a grant will satisfy this requirement. Grants that involve trash and debris
clean up only may be exempted from the public comment requirement.
A contract will be signed by the Department only after the sponsor pro-
vides copies of resolutions from the sponsor and all co-sponsors accept-
ing the grant and authorizing specific individuals to sign the contract on
the behalf of each.
(c) The Department may enter into a contract before the sponsors and/
or co-sponsors have obtained all applicable permits, but may not dis-
burse any funds to be used for project construction until the sponsors and/
or co-sponsors have complied with all applicable federal, State and local
laws, rules and regulations, and obtained all required permits.
(d) All applicable requirements of the California Environmental Qual-
ity Act (California Public Resources Code sections 21000-21 177) and
applicable regulations shall be compiled with prior to entering into a con-
tract.
(e) If a contract is not signed within six months of the date the priority
list is approved, the grant may be withdrawn or revised.
(f) All contracts shall be signed by all the sponsors and co-sponsors.
If the sponsor is a citizens' group that is not a non-profit corporation, it
must designate a fiscal agent to act on it's behalf, and provide evidence
that the fiscal agent agrees to so act.
(g) The contract shall require the sponsors and/or co-sponsors to sub-
mit a written report of the project to the Department upon completion.
The report must include photographs of planning and restoration activi-
ties and techniques.
(h) The contract shall include, as part of the work .plan, a plan for the
long-term management or maintenance of the stream which the project
will affect.
(i) The Department may withhold up to 10 percent of the grant amount
until the project and final report are complete to the Department's satis-
faction.
(j) During planning and construction the Department may inspect the
project at any reasonable time to ensure it is being carried out in accor-
dance with the work plan, and after completion to ensure that it is being
properly maintained.
Page 30.3
Register 2001, No. 52; 12-28-2001
§455
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTE: Authority cited: Section 7048, Water Code. Reference: Section 7048, Wa-
ter Code, Sections 5907(e)(3). 5917. 5918 and 5919, Public Resources Code.
History
1. New section filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
Chapter 2.5. California Safe Drinking Water
Bond Law of 1976 and California Safe
Drinking Water Grant Program
§ 455. Definitions.
The words used in this subchapter have the meanings provided in Wa-
ter Code Sections 13857 and 13881 and set forth below:
(a) "Act" means the California Safe Drinlcing Water Bond Law of
1976 as set forth in Chapter 10.5, of Division 7 of the Water Code (com-
mencing at Section 13850), and the California Safe Drinking Water
Grant Program as set forth in Chapter 10.6 of Division 7 of the Water
Code (commencing at Section 1 3880) and any amendments thereto.
(b) "Department of Health" means the State Department of Health Ser-
vices.
(c) "Regularly supplies water to at least 25 individuals" as used in Sec-
tion 13857(c) and 1388 1(b) of the Act, means, when applied to a school,
that a school must have an attendance of at least 25 students during a
minimum school year of at least 175 days.
(d) "Community Water System" means a water system which serves
at least 1 5 year-round residential service connections or regularly serves
at least 25 year-round residents.
(e) "Applicant" means any person or entity applying for financial as-
sistance under the Act.
(f) "Eligible Supplier" means a supplier eligible to apply for assistance
under the Act and this subchapter.
(g) "Eligible Project" means a project for the construction, improve-
ment, or rehabilitation of a domestic water system determined to be eligi-
ble under the Act and meeting the requirements of this subchapter.
(h) "Eligible Project Costs" means costs associated with (g) above, in-
cluding the engineering, legal and administrative fees associated with the
construction, and also including those reasonable costs incuired by the
applicant to prepare the application and establish eligibility. Eligible
Project Costs do not include:
(1 ) Operation and maintenance costs;
(2) Costs of providing water for industrial use;
(3) Purchase of equipment or payment of rentals. However, reasonable
maintenance and depreciation allowances for equipment or machinery
currently owned or acquired for project purposes by a supplier shall be
allowed.
(4) Purchase of existing systems.
(5) Payment of principal or interest of existing indebtedness or any in-
terest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of
funds by the Department; and
(B) The Department agrees in writing to the eligibility of the costs for
reimbursement before the debt is incurred; and
[The next page is 3 1 .
Page 30.4
Register 2001, No. 52; 12-28-2001
Title 23
Department of Water Resources
§462
(C) The costs for which the debt is incurred are otherwise eligible proj-
ect costs.
(6) Establishment of a reserve fund.
(i) "Environmental Documentation" means written documentation
prepared in accordance with the California Environmental Quality Act
(Division 13, Public Resources Code commencing with Section 21000)
and the State EIR Guidelines (Title 14. Division 6, Chapter 3, Register
78. No. 5). "Environmental Documentation" includes, but is not limited
to Notices of Exemption, draft and final ElRs, Initial Studies, Negative
Declarations, Notices of Completion and Notices of Determination (Title
14, Section 15026.5, Register No. 78, No. 5).
(j) "Eligible Domestic Water System" or "Eligible Community Water
System" means the total water system for which an independent water
permit has been issued by the Department of Health Services.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13857, 13861, 13868, 13881 and 13882, Water Code.
History
1. New Subchapter 2.5 (Sections 455-473) filed 10-7-76; effective thirtieth day
thereafter (Register 76, No. 41).
2. Amendment of subsection (d) filed 1 1-24-78; effective thirtieth day thereafter
(Register 78, No. 47).
3. Amendment of subsection (o) filed 1-25-79; effective thirtieth day thereafter
(Regi.ster 79, No. 4).
4. New subsections (q) and (r) filed 2-14-80; effecUve thirtieth day thereafter
(Register 80, No. 7).
5. Amendment of subsection (e) filed 2-29-80 as an emergency; effective upon
filing (Register 80, No. 9). A Certificate of Compliance must be transmitted to
OAH within 120 days or emergency language will be repealed on 6-29-80.
6. Certificate of Compliance including amendment filed 6-17-80 (Register 80,
No. 25).
7. Amendment filed 8-1 1-83; effective thirtieth day thereafter (Register 83, No.
37).
§ 456. Application Fee.
No application fee is required to accompany any request for financial
assistance.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
dons 13868, 13883 and 13892, Water Code.
History
1 . Repealer of former Section 456, renumbering of former Section 457 to Secfion
456 and new NOTE filed 8-11-83; effective thirtieth day thereafter (Register
83, No. 37).
§ 457. Administrative Fee.
Payment of an administrative fee for approved loans shall be required
as authorized by Section 13862 of the Water Code. The administrative
fee shall be paid by the supplier in the amount of 3 percent of the ap-
proved loan. The fee may be paid on the same terms and conditions to be
used for repaying the amount of the loan.
NOTE: Authority cited: Secfions 13868 and 13892, Water Code. Reference: Sec-
tion 13862, Water Code.
History
1 . Sections 458-473 designated as Article 2 filed 1 1-24-78; effecfi ve thirtieth day
thereafter (Register 78, No. 47).
2. Repealer of Article 2 heading, renumbering of former Section 457 to Secfion
456 and renumbering and amendment of former Section 458 to Secfion 457 filed
8-11-83; effecfive thirtieth day thereafter (Register 83, No. 37).
§ 458. Environmental Fee.
(a) In addition to any administrative fee, the Department may charge
a reasonable fee where it prepares environmental documentation in ac-
cordance with the State EIR Guidelines (Title 14, Section 15053).
(b) The environmental fee shall be calculated and collected as set forth
in the Department's Regulations for Implementation of the California
Environmental Quality Act of 1970 (Title 23. Section 503).
NoTE: Authority cited: Section 21082, Public Resources Code; and Secfion
13868, Water Code. Reference: Secfion 21089. Public Resources Code.
History
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
4).
2. Renumbering and amendment of former Section 458 to Section 457 and renum-
bering and amendment of former Section 459 to Section 458 filed 8-1 1-83; ef-
fecfive thirtieth day thereafter (Register 83, No. 37).
§ 459. Ability to Finance Determination.
The inability to reasonably finance project construction costs from
other sources will be determined by the Department to have been estab-
lished when the Department finds that all of the following conditions ex-
ist;
(a) Financial assistance from the Federal Government is not available
on a timely basis commensurate with the need for the project.
(b) The applicant cannot market bonds or obtain loans at an interest
rate which will not impose an unreasonable burden on the supplier or wa-
ter consumer. Voter denial of a bond issue where voter approval is re-
quired to issue bonds does not in itself demonstrate inability to reason-
ably finance from other sources.
(c) The supplier has no other funds, or sources of funds available on
reasonable terms, to finance the proposed project. The supplier shall fi-
nance that porfion of the proposed project for which it is able to obtain
funds on reasonable terms.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
fions 13868, 13886 and 13889, Water Code.
History
1 . Amendment of first paragraph preceding subsection (a) filed 1 1-24-78; effec-
tive thirtieth day thereafter (Register 78, No. 47).
2. Renumbering and amendment of former Section 459 to Section 458 and renum-
bering and amendment of former Section 460 to Secfion 459 filed 8-1 1-83; ef-
fective thirtieth day thereafter (Register 83, No. 37).
§ 460. Eligible Project Determination.
An eligible project must meet the following criteria:
(a) The project is needed in order for the system to meet water quality
standards specified in Title 17, California Administrafive Code. Part 1.
Chapter 5, Subchapter 1 ; or. the project is needed in order for the system
to meet water quantity and pressure requirements of the Waterworks
Standards. Title 17, California Administrative Code, Chapter 5, Group
1.1.
(b) The scope of the project is commensurate with the need of the exist-
ing community served. Reasonable allowance may be made for future
water supply needs and additional capacity when excessive cost would
be incurred by later enlargement.
(c) The project meets the needs of the community effectively and eco-
nomically, and other means to meet the needs such as consolidation with
adjacent water systems or development of alternative sources, are not
reasonably available or economical.
NOTE: Authority cited: Secfions 13868 and 13892, Water Code. Reference: Sec-
tions 13855, 13861, 13864, 13868, 13880, 13885 and 13886, Water Code.
History
1 . Renumbering and amendment of former Section 460 to Section 459, renumber-
ing of former Secfion 461 to Section 460 and new NOTE filed 8-1 1-83; effec-
five thirtieth day thereafter (Register 83, No. 37).
§461. Application.
Applicants for a loan or grant under the Act shall file duplicate applica-
tions simultaneously with the Department of Water Resources and the
Department of Health on a form provided by the Department of Water
Resources. A complete application consists of the form provided by the
Department and the supporting information required in Section 462. The
specified supporting information must be attached to, or bound with, the
application form.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13868.5 and 13883, Water Code.
History
1. Amendment filed 1 1-24-78; effecfive thirtieth day thereafter (Register 78, No.
47).
2. Renumbering of former Section 461 to Section 460 and renumbering and
amendment of former Section 462 to Section 461 filed 8-1 1-83; effective thir-
tieth day thereafter (Register 83, No. 37).
§ 462. Supporting Information.
Each application form filed shall be accompanied by the following
supporting information. The purpose of the supporting information is to
Page 31
(4-1-90)
§463
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
provide a basis for the Department of Health to place the applicant on the
priority list and for the Department to determine the applicant' s financial
eligibility. The supporting information should be based on facts readily
and reasonably available to the applicant.
(a) Description of the need for the project including information con-
cerning system deficiencies.
(b) Description of proposed project and a sketch map showing project
features and service areas. (Detailed plans need not be submitted with the
application, but shall be required after the applicant becomes reachable
on the priority list.)
(c) Estimated cost of the project and proposed timetable for project
completion.
(d) The amount of financial assistance requested and amount of other
financing available, such as from local, state or federal sources, internally
generated funds, and the issue of bonds.
(e) Information demonstrating inability to reasonably finance the proj-
ect or some portion of the project from other sources of funding.
(0 Provide such financial documents as needed to determine the abil-
ity to repay loan, including tax revenue, and a schedule for repayment.
(g) Description of measures undertaken, or that will be undertaken as
part of proposed project, to reduce water consumption, such as use of wa-
ter-saving devices, meters, etc.
(h) The basis for applicant's belief that an adequate supply of water is
available. (Evidence that the applicant has a right to use the water re-
quired for the project must be submitted before any funds are disbursed.)
(i) ( 1 ) If the applicant is a public agency, state the form of the docu-
mentation that the applicant will use to satisfy the requirements of the
California Environmental Quality Act (Public Resources Code Section
21000 and following) and the State EIR Guidelines (Title 14, Division
6, Chapter 3, Register 78, No. 5). Appropriate documentation may con-
sist of any of the following: a Notice of Exemption, a Negative Declara-
tion supported by an Initial Study, or a final Environmental Impact Re-
port. The applicant must provide the appropriate documentation before
the Department will approve a loan or grant and execute a contract.
(2) If the applicant is not a public agency, state whether any public
agency, other than the Department of Health Services has prepared, or
will prepare the Environmental Documentation for the project. Environ-
mental documentation must be prepared by the Department of Health
Services as the Lead Agency, or another public agency, having authority
over the project and acting as the Lead Agency, before the Department
may approve the loan and execute a contract.
(j) Adopt a resolution by the governing body authorizing the supplier
of water to enter into an agreement with the State and appointing repre-
sentatives who can sign such agreement.
(k) Legal opinion as to the applicant's ability to contract with the State
for a loan shall be supplied to the Department.
(1) A statement from applicant's Bond Counsel on salability of bonds,
including interest rates, discounts, terms and associated costs.
(m) Provide your water rates and those for surrounding communities
for the past three years.
(n) Indicate how the water users will be: ( 1 ) fully apprised of the proj-
ect; (2) offered an opportunity to comment on the desirability of the proj-
ect; and (3) able to indicate their willingness to pay for the loan for the
proposed project. (See Section 472.)
(o) Include other available information to aid in establishing priority
of the project. (See Section 467.)
(p) Provide such other information as the Department or the Depart-
ment of Health Services may require.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13861, 13864, 13865, 13868, 13868.7, 13880. 13882, 13883, 13885 and
13886, Water Code; and Sections 21002(d), 21080.1-21080.4, 21081 and
21165-21166, Public Resources Code.
History
1. Amendment of subsection (j) filed 1 1-24-78; effective thirtieth day thereafter
(Register 78, No. 47).
2. Amendment of subsection (i) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
3. Amendment of subsections (d)-(g), (j), (k) and new subsections (I)-(p) filed
2-14-80: effective thirtieth day thereafter (Register 80, No. 7).
4. Renumbering and amendment of former Section 462 to Section 46 1 and renum-
bering and amendment of former Section 463 to Section 462 filed 8-1 1-83; ef-
fective thirtieth day thereafter (Register 83, No. 37).
§ 463. Water Conservation,
An applicant must demonstrate that it is using or will agree to under-
take all reasonable water conservation measures. Water conservation
means the prudent and careful distribution and use of water to prevent
waste, unreasonable use, or unreasonable method of use of water. It shall
be the responsibility of the supplier to implement measures to accom-
plish such conservation so that the most beneficial use of water can be
assured.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13868 and 13892, Water Code.
History
1 . Renumbering and amendment of former Section 463 to Section 462, renumber-
ing of former Section 464 to Section 463 and new NOTE filed 8-1 1-83; effec-
tive thirtieth day thereafter (Register 83, No. 37).
§ 464. Notice to Applicants.
The Department shall notify the applicant, in writing, within 90 days
of receipt of the completed application, of a determination of financial
eligibility.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13861, 13864, 13865, 13866, 13868, 13880, 13882. 13886 and 13889. Water
Code.
History
1 . Renumbering of former Section 464 to Section 463, renumbering of former Sec-
tion 465 to Section 464 and new NOTE filed 8-11-83; effective thirtieth day
thereafter (Register 83, No. 37).
§ 465. Priority List.
The Department of Health shall establish a priority list of eligible
applicants that have met Department of Health eligibility criteria and
shall determine the order of projects that have been found to be eligible
for assistance based upon the information provided in the application and
any other relevant supporting documents, information, or materials. This
list shall be transmitted from time to time to the Department of Water Re-
sources for an ability to finance determination.
NOTE; Authority cited: Section 13868 and 13892, Water Code. Reference: Sec-
tions 13865, 13868.3 and 13887, Water Code.
History
1 . Renumbering of former Section 465 to Secdon 464, renumbering of former Sec-
tion 466 to Section 465 and new NOTE filed 8-11-83; effective thirtieth day
thereafter (Register 83, No. 37).
§ 466. Priority List Procedures.
(a) The Department of Health, with the advice of the Department, may
at any time assign a project to a higher priority in case of an emergency
when improvements are needed to enable a system to produce a safe wa-
ter. All agencies affected by the change in priorities will be notified of the
change by the Department of Health.
(b) The Department of Health shall revise the priority listing of suppli-
ers at least annually after public notice and hearing and with the advice
of the Department.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13865, 13868.3 and 13887, Water Code.
History
1. Renumbering of former Section 466 to Section 465 and renumbering and
amendment of former Section 467 to Section 466 filed 8-1 1-83; effective thir-
tieth day thereafter (Register 83, No. 37).
§ 467. Priority List Criteria.
The Department of Health shall use as a guide the following criteria
in determining the priority of eligible projects (listed in decreasing prior-
ity):
(a) Health Considerations (listed in decreasing importance):
( 1 ) Facilities necessary to comply with primary drinking water stan-
dards.
(2) Facilities necessary to comply with secondary drinking water stan-
dards.
(3) Facilities necessary to comply with other standards or regulations
which have only a minimal relationship to the health of water users.
Page 32
(4-1-90)
Title 23
Department of Water Resources
§472
(b) Financial Considerations. Applications having a lesser capability
to reasonably finance the proposed project through other means will re-
ceive a higher priority than competing projects.
(c) Special Considerations. In addition to the above criteria, the De-
partment of Health may consider for priority list purposes, consolidation
with adjacent water systems and the number of persons served by a sys-
tem. Community water systems shall receive a higher priority than other
competing applicants.
(d) Department considerations. For all other projects, the Department
shall use the following priorities:
{ 1 ) First priority to projects which will serve existing urban and subur-
ban areas and rural towns;
(2) Second priority to projects which will serve vacant and underuti-
lized lands within existing developed areas;
(3) Third priority to projects which will serve contiguous new devel-
opment.
(e) When public health hazards or immediate health problems justify
the use of bond funds for projects not consistent with these priorities, the
funds shall not be used to pay for additional capacity in excess of that
needed to serve the existing population and the population that may rea-
sonably be expected to occupy within ten years those lots that are present-
ly subdivided but unimproved.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13863 and 13868.3, Water Code.
History
1. New subsections (d) and (e) filed 2-14-80; effective thirtieth day thereafter
(Register 80, No. 7).
2. Renumbering and amendment of former Section 467 to Section 466, renumber-
ing of former Section 468 to Section 467 and amendment of NOTE filed
8-1 1-83; effective thirtieth day thereafter (Register 83, No. 37).
§ 468. Department of Health Notice to Applicants.
The Department of Health shall notify each applicant on the priority
list, in writing, of its position on the priority list and shall inform the appli-
cant when project plans shall be submitted for approval.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13865, 13868.3, 13868.5, 13886 and 13887, Water Code.
History
1 . Renumbering of former Section 468 to Section 467, renumbering of former Sec-
tion 469 to Section 468 and new NOTE filed 8-1 1-83; effective thirtieth day
thereafter (Register 83, No. 37).
§ 469. Department of Health Approval.
The Department of Health approval of project plans required by Water
Code Sections 13868.5 and 13886 shall be in writing.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13868.5 and 13886, Water Code.
History
1 . Renumbering of former Section 469 to Section 468 and renumbering and
amendment of former Section 470 to Secdon 469 filed 8-1 1-83; effective thir-
tieth day thereafter (Register 83, No. 37).
§ 470. Contract Provisions.
(a) The following provisions apply to loan contracts and loan-grant
contracts:
( 1 ) Entities other than public agencies shall agree to provide security
for repayment of the loan. This may include a provision for a lien on the
domestic water system and associated facilities and improvements.
(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect
principal and interest payments from the supplier and transmit them to
the State when due. The services of the Fiscal Agent shall be continued
until the loan has been fully repaid.
(3) The term of the loan shall be as short as possible considering the
ability of the supplier and its customers to repay the loan. If the supplier
is a regulated pubHc utility and the impact of the loan on water rates
would be significant, consideration may be given in setting the term of
the loan to the estimated useful life of the plant to be financed with the
loan proceeds.
(4) The contract shall provide for accumulation of necessary reserves
to assure that funds will be available to make the semi-annual payments
when due. A reserve of two semi-annual payments shall be accumulated
during the first ten-year period for all repayment methods except those
based on the quantity of water used, for which a reserve of four semi-an-
nual payments shall be accumulated during the first ten years. Half of the
required reserve balance shall be on deposit by the end of the first five
years of the repayment period, and the full required reserve balance shall
be on deposit by the end of the second five years. Reserves shall be main-
tained at these levels thereafter until the loan is repaid in full.
(b) The following provisions shall apply to loan contracts, grant con-
tracts, and loan and grant contracts:
(1 ) When the project costs exceed the loan, grant or loan-grant com-
mitment, funds will not be disbursed unul supplier demonstrates acquisi-
tion of sufficient funds to complete the project. Safe Drinking Water
funds will not be disbursed until all other sources of funding are ex-
hausted. If a supplier has received both a loan and a grant, loan funds shall
be disbursed before grant funds.
(2) If a contract is not fully executed within one year after the Depart-
ment transmits a letter of commitment of funds, the letter of commitment
and associated contract may be withdrawn and the letter of commitment
and contract renegotiated.
(3) The supplier shall use the competitive bidding process for all con-
tracts exceeding $10,000 unless an exception in wrifing has been ob-
tained from the Department.
(4) No funds will be disbursed pursuant to the contract until all condi-
tions in the Department's letter of commitment and in the water permit
issued by the Department of Health have been met.
(5) Funds withheld pending completion of project items and contracts
will not be disbursed until the Department has received a certification
that the specific item or contract has been completed in accordance with
the plans and specifications approved by the Department of Health.
(6) The Department of Health will certify that the project has been
completed in accordance with approved plans and specifications.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13861 and 13882, Water Code.
History
1 . Renumbering and amendment of former Section 470 to Section 469 and renum-
bering and amendment of former Section 472 to Section 470 filed 8-1 1-83; ef-
fective thirtieth day thereafter (Register 83, No. 37). For prior history, see Reg-
ister 80, No. 7.
§ 471 . Petition for Review.
An unsuccessful applicant may petition the Department or the Depart-
ment of Health for a review of an application that has been denied. The
petition shall be filed within 30 days after the date of notification that the
appUcation has been denied and may include any information not pre-
viously submitted that would justify a reconsideration of the application.
NOTE: Authority cited: Sections 13868 and 13892, Water Code. Reference: Sec-
tions 13868, 13883 and 13892, Water Code.
History
1 . Repealer of former Section 47 1 , renumbering of former Section 473 to Section
471 and new NOTE filed 8-1 1-83; effective thirtieth day thereafter (Register
83, No. 37). For prior history, see Register 78, No. 47.
§ 472. Project Feasibility Meeting.
(a) To be eligible for disbursement of loan funds, the supplier must
conduct a Project Feasibility Meeting to inform the public of the purposes
of the proposed project and to provide a forum for public comment on the
need for the project and means of financing the project. A Project Feasi-
bility Meeting is not required if the water supplier is required by law to
hold an election before entering into the loan contract. For investor-
owned water companies, the meeting or hearing held by the Public Utili-
ties Commission may serve as the Project Feasibility Meeting.
(b) Before a Project Feasibility Meeting, the water supplier shall
(1 ) Assemble informafion describing the project in a form and location
that will enable the water users to review it and to make appropriate com-
ments.
(2) Establish a date for the meeting agreeable to the Department and
Department of Health.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(3) Notify the Department, the Department of Health, and appropriate
county heahh agencies in writing at least 20 calendar days before the
meeting and notify all water users and the local news media in writing at
least 1 5 calendar days before the meeting. The notice shall state: the date,
time, location, and purpose of the meeting and the location of information
describing the project for review by the water users. Sample notice forms
may be obtained from the Department.
(4) Obtain a meeting place of sufficient size and at a convenient loca-
tion to accommodate the anticipated participants.
(c) The agenda of the meeting shall include the following matters:
( 1 ) A discussion of applicable health and water works standards, exist-
ing and potential health hazards associated with the water system, how
the proposed project will bring the system to minimum health standards,
and alternative solutions to the problem.
(2) The supplier shall describe the proposed project in detail, using
map, charts, etc. The discussion shall include the costs, sources of funds,
how much the loan/grant will be, and increased water costs resulting
from the loan.
(3) A representative of the Department may describe the Act. the De-
partment's role in its administration and the Department's recommenda-
tion regarding the supplier's loan application. Persons present at the
meeting shall be permitted to ask questions regarding all subjects dis-
cussed at the meeting.
(d) If no representative of the Department is present at the meeting, the
supplier shall submit a written report to the Department describing the
meeting and its outcome including the results of any vote taken.
NOTE: Authority cited: Section 13868, Water Code. Reference: Section 13868,
Water Code.
History
1 . Renumbering and amendment of former Section 472 to Section 470 and renum-
bering and amendment of former Section 474 to Section 472 filed 8-1 1-83; ef-
fective thirtieth day thereafter (Register 83, No. 37). For prior history, see Reg-
ister 80, No. 7.
§ 473. Grants Priority.
The supplier must be listed on the Department of Health Services Safe
Drinking Water Bond Law Loan Priority List before an application will
be processed. In addition to the criteria set forth in Water Code Section
13887, the criteria listed in Section 467 governing priorities for loans
shall govern priority for grants.
Note: Authority cited: Section 13892, Water Code. Reference: Sections 13868.3
and 13887, Water Code.
History
1. Renumbering of former Section 473 to Section 471 and renumbering and
amendment of former Section 477 to Section 473 filed 8-1 1-83; effective thir-
tieth day thereafter (Register 83, No. 37).
§ 474. Grant Applications and Legislative Report.
Applications shall be made as follows:
(a) An applicant shall apply on a form entitled "APPLICATION FOR
A LOAN UNDER THE CALIFORNIA SAFE DRINKING WATER
BONDS LAW OF 1976," and supply supporting information as re-
quested. As part of the supporting information, the applicant shall submit
preliminary design work including a cost estimate for the proposed proj-
ect. The Department shall evaluate the application and supporting infor-
mation. Upon the determination that the supplier is unable to repay the
full cost of the needed improvements, the Department will transmit to the
Legislature a report containing the following:
(1) Current ranking on the Department of Health Services Loan Prior-
ity List.
(2) Health problems indicated.
(3) Discussion of proposed project and alternatives, including a water
conservation plan.
(4) Discussion of system adequacy and compliance with health stan-
dards after improvements are constructed.
(5) Cost of proposed project.
(6) Amount of financing available, source and terms.
(7) Amount of grant required.
(8) Demographic data.
(9) Existing water charges.
(10) Data on water charges in surrounding areas.
NOTE: Authority cited: Section 13868, Water Code. Reference: Sections 13883,
13884, 13886 and 13889, Water Code.
History
1 . Renumbering and amendment of former Section 474 to Section 472 and renum-
bering and amendment of former Section 480 to Section 474 filed 8-1 1-83; ef-
fective thirtieth day thereafter (Register 83. No. 37).
§ 475. Grant Eligibility Level.
Within 90 days of the receipt of a completed application, the Depart-
ment shall decide the applicant's financial eligibility for a grant. The De-
partment shall submit a report to the legislature within 60 days of a find-
ing by the Department that an applicant is unable to fund the entire project
without a grant.
NOTE: Authority cited: Section 13868, Water Code. Reference: Section 13884,
Water Code.
History
1 . Repealer of former Section 475 and renumbering and amendment of former
Section 483 to Section 475 filed 8-11-83; effective thirtieth day thereafter
(Register83, No. 37).
Chapter 2.5.1. California Safe Drinking
Water Bond Law of 1984
§ 476. Definitions.
The words used in this subchapter have the meanings provided in Wa-
ter Code Section 13815 and set forth below:
(a) "Act" means the California Safe Drinking Water Bond Law of
1984 as set forth in Chapter 10.2of Division 7 of the Water Code (com-
mencing at Section 13810) and any amendments thereto.
(b) "Department of Health Services" means the State Department of
Health Services.
(c) "Regularly supplies water to at least 25 individuals" as used in Sec-
tion 13815(c) of the Act, means, when applied to a school, that a school
must have an average attendance of at least 25 students per day during
a minimum school year of at least 175 days.
(d) "Applicant" means any person or entity applying for financial as-
sistance under the Act.
(e) "Eligible Project Costs" means costs associated with an eligible
project, including the engineering, legal and administrative fees asso-
ciated with the project, and also including those reasonable costs incurred
by the applicant to prepare the application and establish eligibility.
Eligible project costs do not include:
( 1 ) Operation and maintenance costs.
(2) Costs of providing water for industrial use.
(3) Costs for purchase of equipment.
(4) Payment of principal or interest of existing indebtedness or any in-
terest payments unless:
(A) The debt is incurred after issuance of a letter of commitment of
funds by the Department; and
(B) The Department agrees in writing to the eligibility of the costs for
reimbursement before the debt is incurred; and
(C) The purposes for which the debt is incurred are otherwise eligible
project costs.
(5) Establishment of a reserve fund.
(f) "Environmental documentation" means written documentation
prepared and filed in accordance with the California Environmental
Quality Act (Division 13, Public Resources Code commencing with Sec-
tion 21000) and the State EIR Guidelines (Title 14, Section 15000 et
seq.). Environmental documentation includes, but is not limited to No-
tices of Exemption, draft and final Environmental Impact Reports, Initial
Studies, Negative Declarations, Notices of Completion, and Notices of
Determination (Title 14, Section 15022).
NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 13815,
13819, 13820 and 13834, Water Code.
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Department of Water Resources
§483
•
History
1. New Subchapter 2.5.1 (Sections 476-489, 489.1 and 489.2) filed 12-14-84 as
an emergency; effective upon filing (Register 84. No. 5 1 ). A Ceilificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed 4-15-85. For history of former Sections 476-487. see Regis-
ters 84. No. 36 and 83, No. 37.
2. New Subchapter 2.5. 1 (Sections 476-489, 489. 1 and 489.2) refiled 4-1 0-85 as
an emergency, effective upon filing (Register 85, No. 1 5 ). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 8-8-85.
3. Certificate of Compliance as to 12-14-84 and 4-10-85 orders transmitted to
OAL 7-26-85 and filed 9-1 1-85 (Register 85, No. 37).
§ 477. Application Fee.
No applicant shall be required to pay an application fee.
NOTIi: Authority cited: Section 13834. Water Code. Reference: Sections 13821
and 13834. Water Code.
§ 478. Administrative Fee.
Each supplier which enters into a contract for a loan will be charged
an administrative fee in the amount of four percent of the loan. Adminis-
trative fees for loans shall be paid to the Department under the terms and
conditions for repayment of loan principal.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13830,
Water Code.
§ 479. Supplier's Share of the Cost.
The applicant shall share the cost of the project if the Department finds
the applicant has the financial resources to provide a share of the cost
without borrowing from outside sources.
NOTK: Authoritv cited: Section 13834, Water Code. Reference: Sections
13820(b)(3)(E), 13824, 13828 and 13834, Water Code.
§ 480. Priority List.
(a) The priority list to be established by the Department of Health Ser-
vices shall list suppliers in descending order of the seveiity of the defi-
ciencies in their domestic water systems. The Department of Health Ser-
vices may place a supplier on the priority list on the basis of such
deficiencies whether or not the supplier has requested such placement.
(b) Suppliers interested in placement on the priority list shall file a
priority list application with the Department of Health Services. Priority
list application forms may be obtained from the Department of Health
Services.
(c) After the priority list is established, the Department of Health Ser-
vices shall notify each supplier of its position on the list.
(d) The Department of Health Services may solicit applications for
funding under the Act from suppUers on the priority list.
(e) Placement of a supplier on the priority list does not constitute a
commitment to fund a project, reserve funds for a particular project, or
require projects to be funded in a particular order.
(f) A supplier must be placed on the priority list before applying for
funding under Section 483.
(g) After the priority list is established, the Department and the Depart-
ment of Health Services shall make a preliminary determination as to the
probable number of suppliers on the list which could be given financial
assistance within the funding limits of the Act. The determination shall
be revised from time to time as additional information regarding project
costs and actual number of applications becomes available. The determi-
nation of which suppliers are most likely to fall within funding limits
shall be used to advise suppliers regarding whether or not it would be ad-
visable to file an application for funding.
NOTH: Authority cited: Secdon 13834, Water Code. Reference: Sections 13825,
13826 and 13836, Water Code.
§ 481 . Priority Classes.
Each Supplier on the priority list shall be assigned to one of the follow-
ing priority classes:
Class A: Action is necessary to alleviate significant and documented
public health hazards involving illness or to respond to a court-ordered
compliance schedule.
Class B: Action is necessary to correct documented violations of pri-
mary drinking water .standards established by the Department of Health
Services.
Class C: Action is necessary to correct significant physical defects that
affect a system's ability to meet primary standards.
Class D: Action is necessary to correct secondary drinking water stan-
dards violations.
Class E: Action is necessary to correct physical defects or waterworks
deficiencies that do not result in violations of primary or secondary stan-
dards.
NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 13825.
13826 and 13836, Water Code.
§ 482. Ranking Within Priority Class.
The Department of Health Services shall rank suppliers within a prior-
ity class according to the relative severity of the water quality problem
involved. Consideration will be given to the following factors when rank-
ing projects:
(a) Length of time violation has existed: Suppliers with chronic viola-
tions will be ranked above suppliers with recent violations.
(b) Compliance enforceinent actions: Suppliers required to correct de-
ficiencies idenfified in compliance enforcement actions will be ranked
above suppliers not under compliance enforcement action.
(c) Population: Suppliers that serve larger populations will be ranked
above suppliers serving smaller populaUons when other factors are
equal.
Note: Authority cited: Section 13834, Water Code. Reference: Sections 13825,
13826 and 13836, Water Code.
§ 483. Application for Funding.
Applicants for a loan or grant under the Act shall file a complete appli-
cation in triplicate with the Department and the Department of Health
Services on a form entitled "APPLICATION FOR A LOAN UNDER
THE CALIFORNIA SAFE DRINKING WATER BOND LAW." A
complete application consists of the above form supported by the follow-
ing information:
(a) Project Eligibility:
( 1 ) A description of the need for the project including information con-
cerning system deficiencies shall be provided by the applicant.
(2) A description of the proposed project and a sketch map showing
project features and service areas.
(b) Financial, Legal, and Contractual Eligibility:
( 1 ) An esdmaled cost of the project and proposed timetable for project
completion.
(2) The amount of financial assistance requested and the amount of the
financing available, such as from local, state or federal sources, internally
generated funds, and the issuance of bonds.
(3) A list of cash reserves and any planned uses of those reserves.
(4) All financial documents as needed to determine the ability to repay
a loan, including tax revenue, a schedule for repayment, and plans for di-
viding costs among system users.
(5) Proof that an adequate supply of water is available to meet the
needs of the project. Evidence that the applicant has aright to use the wa-
ter required for the project must be submitted before an application may
be approved for funding.
(6) If the applicant is a public agency, for every action which is a proj-
ect within the meaning of Public Resources Code Section 21065, stale
which form of documentation will be used to satisfy the requirements of
the California Environmental Quality Act (Public Resources Code Sec-
tion 21000et seq.) and the State EIR Guidelines (Title 14, Secfion 15()()()
et seq.). Appropriate documentation may consist of any of the following:
a Notice of Exemption, a Negative Declaration supported by an Initial
Study, or a final Environmental Impact Report. The applicant must pro-
vide the appropriate filed documentafion including a Notice of Determi-
nation, before the Department will approve funding and execute a con-
tract.
(7) If the applicant is not a public agency, state whether any public
agency other than the Department of Health Services has prepared, or
Page 35
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
will prepare the environmental documentation for the project. Environ-
mental documentation must be prepared by the Department of Health
Services as the Lead Agency, or another public agency having approval
authority over the project and acting as the Lead Agency, before the De-
partment may approve the loan and execute a contract.
(8) A description of the applicant's water rales and those for surround-
ing communities for the past three years.
(9) A Legal opinion as to the applicant's authority to contract with the
State for a loan and to repay the loan.
( 10) A resolution by the applicant's governing body authorizing an of-
ficer to apply for a Safe Drinking Water loan.
(1 1 ) A summary of the competitive bidding requirements imposed on
the applicant by statute or ordinance.
(12) Such other supporting information as the Department or the De-
partment of Health Services may require.
(13) With the advice of the Department a description of possible capi-
tal improvements which will conserve water in a cost effective manner.
NOTE; Authority cited: Section 13834, Water Code. Reference: Sections 13819,
13820, 13821. 13823, 13824, 13826, 13834 and 13838, Water Code; and Sections
21002(d), 21080.1-21080.4, 21081 and 21165-21166, Public Resources Code.
§ 484. Loan Application Requirement for Grant.
A public agency is not eligible for a grant unless it has applied for a
loan and has been found by the Department to be unable to repay the full
amount of the loan.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13828,
Water Code.
§ 485. Preliminary Approval of Project.
(a) Within 90 days after receipt of a completed application, the Depart-
ment of Health Services shall determine whether the project as proposed
is "necessary" pursuant to Water Code Section 13823 and determine
whether to approve or disapprove project plans, and notify the applicant
of its decision.
(b) In determining whether the project is necessary, the Department of
Health Services shall consider the availability and cost of alternatives to
the project such as consolidation with adjacent water systems or develop-
ment of alternative sources.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13823,
Water Code.
§ 486. Eligibility for Funding.
(a) The Department shall notify an applicant regarding eligibility for
funding by loan or grant within 90 days of the Department of Health Ser-
vices' approval of project plans, provided the applicant has furnished all
documentation required by the Department to render a decision.
(b) Funding will not be provided to pay for additional capacity in ex-
cess of that needed to accommodate the needs of existing populations and
population growth that may reasonably be expected within ten years.
(c) All other factors being equal (including degree of financial need,
submission of completed applications and approval of project plans by
the Department of Health Services), applicants with lower numbers
(higher priority) on the priority list shall receive preference in funding
over applicants with higher numbers (lower priority).
(d) Within 60 days of notifying an applicant of eligibility for a grant,
the Department shall submit its report to the Legislature.
NOTE: Authority cited: Section 13834, Water Code. Reference: Sections
13819(b), 13820(a), 13821 and 13823-13826, Water Code.
§ 487. Appeal of Denied Application.
An unsuccessful applicant may appeal for a review of an application
that has been denied. The petition shall be filed within thirty days after
the date of written notification that the application has been denied and
may include any information not previously submitted that would justify
a reconsideration of the application.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13821,
Water Code.
§ 488. Contract Provisions.
(a) The following provisions apply to loan contracts and loan-grant
contracts:
( 1 ) Suppliers other than public agencies shall provide security for re-
payment of the loan. This may include a provision for a lien on the do-
mestic water system and associated facilities and improvements, and
liens on other real and personal property belonging to the supplier.
(2) Every supplier receiving a loan shall retain a Fiscal Agent to collect
principal and interest payments from the supplier and transmit them to
the State when due. The services of the Fiscal Agent shall be continued
until the loan has been fully repaid. A public agency may employ the ser-
vices of its county controller or treasurer as Fiscal Agent.
(3) The term of the loan shall be as short as possible considering the
ability of the supplier and its customers to repay the loan. If the impact
of the loan on water rates would be significant, consideration may be giv-
en, in setting the term of the loan, to the estimated useful life of the project
to be financed with the loan proceeds.
(4) The contract shall require the supplier to deposit with its Fiscal
Agent sufficient reserves to assure that funds will be available to make
the semiannual payments when due. A reserve of two semiannual pay-
ments shall be accumulated during the first ten-year period for all repay-
ment methods except those based on the quantity of water used, for which
a reserve of four semiannual payments shall be accumulated during the
first ten years. Half of the required reserve balance shall be on deposit by
the end of the second five years. Reserves shall be maintained at these
levels thereafter until the loan is repaid in full.
(b) The following provisions shall apply to loan contracts, grant con-
tracts, and loan-grant contracts:
( 1 ) Except as otherwise authorized by the Department, when the proj-
ect costs exceed the loan, grant, or loan-grant commitment, no State
funds shall be disbursed until the supplier demonstrates acquisition of
sufficient funds to complete the project. No State funds shall be disbursed
until all other sources of funds have been exhausted. If a supplier has re-
ceived both a loan and a grant, all loan funds shall be disbursed before
grant funds.
(2) If a contract is not fully executed within one year after the Depart-
ment transmits a letter of commitment of funds, the letter of commitment
and associated contract may be withdrawn and the letter of commitment
and contract renegotiated.
(3) The supplier shall use the competitive bidding process for all con-
tracts exceeding $10,000 unless an exception in writing has been ob-
tained from the Department. A supplier seeking a waiver of the contrac-
tual competitive bidding requirement shall make a written request to the
Department which sets forth the reasons for the request and demonstrates
that no statute or ordinance iinposing competitive bidding requirements
on the supplier will be violated if the waiver is granted. In addition, appli-
cants shall obtain the written consent of the Department of Health Ser-
vices before using the services of their own employees to perform engi-
neering or construction work on the project.
(4) No funds will be disbursed pursuant to the contract until all condi-
tions in the Department's commitment and in the water permit, issued by
the Department of Health Services have been met.
(5) Funds withheld pending completion of project items and contracts
will not be disbursed until the Department has received written certifica-
tion that the specific item or contract has been completed in accordance
with the plans and specifications approved by the Department of Health
Services.
NOTE: Authority cited: Section 13834, Water Code. Reference: Sections 13819
and 13820, Water Code.
§ 489. Project Feasibility Meeting.
(a) Before the contract is executed the supplier must conduct a Project
Feasibility Meeting to inform the public of the purpose of the proposed
project and to provide a forum for public comment on the need for the
project and means of financing the project. A Project Feasibility Meeting
is not required if the supplier is required by law to hold an election before
Page 36
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Department of Water Resources
§491
entering into the loan contract. For investor-owned utilities, meetings or
hearings held by the Public Utilities Commission may serve as Project
Feasibility Meetings.
(b) Before a Project Feasibility Meeting, the supplier shall:
( 1 ) Make available information describing the project in a form and lo-
cation that will enable the water users to review it and to make appropri-
ate comments. The information must be made available for a period of
at least fifteen days before the Project Feasibility Meeting.
(2) Establish a date for the meeting agreeable to the Department and
Department of Health Services.
(3) Notify the Department, the Department of Health Services and ap-
propriate county health agencies in writing at least twenty calendar days
before the meeting, and notify all water users and the local news media
in writing at least fifteen calendar days before the meeting. The notice
shall state: the date, time, location, and purpose of the meeting and the
location of information describing the project for review by the water us-
ers. Sample notice forms will be provided by the Department.
(4) Obtain a meeting place of sufficient size and at a convenient loca-
tion to accommodate the anticipated attendance.
(c) The agenda of the meeting shall include the following matters: (1)
A discussion of applicable public health and water works standards, ex-
isting and potential health hazards associated with the water system, how
the proposed project will bring the system to minimum health standards,
and alternative solutions to the problem. (2) The supplier shall describe
the proposed project in detail, using maps, charts, and other illustrative
devices, if appropriate. The discussion shall include the costs, sources of
funds, the amount of the loan-grant commitment, and changes in water
costs resulting from the project.
(3) A representative of the State may describe the Act, the State's role
in its administration and the Department's recommendation regarding
the supplier's loan application. Persons present at the meeting shall be
permitted to ask questions regarding all subjects discussed at the meet-
ing.
(d) If no representative of the Department is present at the meeting, the
supplier shall submit an official written report to the Department describ-
ing the meeting and its outcome including the results of any vote taken.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13834,
Water Code.
§ 489.1 . Plans and Specifications.
Before commencing construction, each Supplier shall provide de-
tailed plans and specifications to the Department of Health Services for
review and approval by a registered Civil Engineer employed by the De-
partment of Health Services. Unless otherwise authorized in writing by
the Department of Health Services, the supplier shall not commence con-
struction without written notification from the Department of Health Ser-
vices that the plans and specifications have been approved.
Note; Authority cited: Section 13834, Water Code. Reference: Section 13837,
Water Code.
§ 489.2. Certification of Completion.
Department of Health Services shall inspect the completed project and
if satisfied that the project has been completed in accordance with ap-
proved plans and specifications, shall provide the supplier and the De-
partment with written certification to that effect.
Note: Authority cited: Section 13834, Water Code. Reference: Section 13834,
Water Code.
Chapter 2.6. Weather Resources
Management
Note: Authority cited: Sections 161, 401, 403 and 6078, Water Code. Reference:
Sections 401, 402 and 403, Water Code and Sections 21000 et seq., Public Re-
sources Code.
History
1 . New Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive) filed
9-28-79; effective thirtieth day thereafter (Register 79, No. 39).
2. Repealer of Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecu-
tive, not previously repealed by OAL Order of Repeal) filed 6-5-86; effective
thirtieth day thereafter (Register 86, No. 23). For prior history, see Register 85,
No. 26: 81, Nos. 40 and 38^; and 80, No. 7.
Chapter 2.7. Model Water Efficient
Landscape Ordinance
§ 490. Purpose.
(a) The State Legislature has found:
( 1 ) that the limited supply of state waters are subject to ever increasing
demands;
(2) that California's economic prosperity depends on adequate sup-
plies of water;
(3) that state policy promotes conservation and efficient use of water;
(4) that landscapes provide recreation areas, clean the air and water,
prevent erosion, offer fire protection, and replace ecosystems displaced
by development; and
(5) that landscape design, installation, and maintenance can and
should be water efficient.
(b) Consistent with the legislative findings, the purpose of this model
ordinance is to:
(1) promote the values and benefits of landscapes while recognizing
the need to invest water and other resources as efficiently as possible;
(2) establish a structure for designing, installing, and maintaining wa-
ter efficient landscapes in new projects; and
(3) establish provisions for water management practices and water
waste prevention for established landscapes.
NOTE: Authority cited: Sections 65591.5 and 65594, Government Code. Refer-
ence; Sections 65591, 65591.5 and 65597, Government Code.
History
1. New chapter 2.7 (sections 490-495) filed 7-31-92; operative 7-3 1 -92 (Regis-
ter 92, No. 32).
§491. Definitions.
The words used in this ordinance have the meaning set forth below:
(a) "anti-drain valve" or "check valve" means a valve located under
a sprinkler head to hold water in the system so it minimizes drainage from
the lower elevation sprinkler heads.
(b) "application rate" means the depth of water applied to a given area,
usually measured in inches per hour.
(c) "applied water" means the portion of water supplied by the irriga-
tion system to the landscape.
(d) "automatic controller" means a mechanical or solid state timer, ca-
pable of operating valve stations to set the days and length of time of a
water application.
(e) "backflow prevention device" means a safety device used to pre-
vent pollution or contamination of the water supply due to the reverse
flow of water from the irrigation system.
(f) "conversion factor (0.62)" means a number that converts the maxi-
mum applied water allowance from acre-inches per acre per year to gal-
lons per square foot per year. The conversion factor is calculated as fol-
lows:
(325,851 gallons/ 43,560 square feet)/12 inches = (0.62)
325,851 gallons = one acre foot
43,560 square feet = one acre
12 inches = one foot
To convert gallons per year to 100-cubic-feet per year, another com-
mon billing unit for water, divide gallons per year by 748. (748 gallons
= 100 cubic feet.)
(g) "ecological restoration project" means a project where the site is
intentionally altered to establish a defined, indigenous, historic ecosys-
tem.
(h) "effective precipitation" or "usable rainfall" means the portion of
total precipitation that is used by the plants. Precipitation is not a reliable
source of water, but can contribute to some degree toward the water needs
of the landscape.
(i) "emitter" means drip irrigation fittings that deliver water slowly
from the system to the soil.
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§492
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(j) "established landscape" means the point at which plants in the
landscape have developed roots into the soil adjacent to the root ball.
(k) "establishment period" means the first year after installing the
plant in the landscape.
(/) "Estimated Applied Water Use" means the portion of the Estimated
Total Water Use that is derived from applied water. The Estimated
Applied Water Use shall not exceed the Maximum Applied Water Al-
lowance. The Estimated Apphed Water Use may be the sum of the water
recommended through the irrigation schedule, as referenced in Section
492(c)(3).
(m) "Estimated Total Water Use" means the annual total amount of
water estimated to be needed to keep the plants in the landscaped area
healthy. It is based upon such factors as the local evapotranspiration rate,
the size of the landscaped area, the types of plants, and the efficiency of
the irrigation system, as described in Section 492(c)(4).
(n) "ET adjustment factor" means a factor of 0.8, that, when applied
to reference evapotranspiradon, adjusts for plant factors and irrigation
efficiency, two major influences upon the amount of water that needs to
be applied to the landscape.
A combined plant mix with a site-wide average of 0.5 is the basis of
the plant factor porfion of this calculation. Tlie irrigation efficiency for
purposes of the ET Adjustment Factor is 0.625.
Therefore, the ET Adjustment Factor (0.8) = (0.5/0.625).
(o) "evapotranspiration" means the quantity of water evaporated from
adjacent soil surfaces and transpired by plants during a specific time.
(p) "flow rate" means the rate at which water flows through pipes and
valves (gallons per minute or cubic feet per second).
(q) "hydrozone" means a portion of the landscaped area having plants
with similar water needs that are served by a valve or set of valves with
the same schedule. A hydrozone may be irrigated or non-irrigated. For
example, a naturalized area planted with native vegetation that will not
need supplemental irrigation once established is a non-irrigated hydro-
zone.
(r) "infiltration rate" means the rate of water entry into the soil ex-
pressed as a depth of water per unit of time (inches per hour).
(s) "irrigation efficiency" means the measurement of the amount of
water beneficially used divided by the amount of water applied. Irriga-
tion efficiency is derived from measurements and estimates of irrigation
system characterisfics and management practices. The minimum irriga-
tion efficiency for purposes of this ordinance is 0.625. Greater irrigation
efficiency can be expected from well designed and maintained systems.
(t) "landscape irrigation audit" means a process to perform site inspec-
tions, evaluate irrigation systems, and develop efficient irrigation sched-
ules.
(u) "landscaped area" means the entire parcel less the building foot-
print, driveways, non-irrigated portions of parking lots, hardscapes-
such as decks and patios, and other non-porous areas. Water features are
included in the calculation of the landscaped area. Areas dedicated to ed-
ible plants, such as orchards or vegetable gardens are not included.
(v) "lateral line" means the water delivery pipeline that supplies water
to the emitters or sprinklers from the valve.
(w) "main line" means the pressurized pipeline that delivers water
from the water source to the valve or outlet.
(x) "Maximum Applied Water Allowance" means, for design pur-
poses, the upper limit of annual applied water for the established land-
scaped area as specified in Section 492(c)(2). It is based upon the area's
reference evapotranspiration, the ET Adjustment Factor, and the size of
the landscaped area. The Estimated Applied Water Use shall not exceed
the Maximum Applied Water Allowance.
(y) "mined-land reclamation projects" means any surface mining op-
eration with a reclamation plan approved in accordance with the Surface
Mining and Reclamation Act of 1975.
(z) "mulch" means any material such as leaves, bark, straw or other
materials left loose and applied to the soil surface for the beneficial pur-
pose of reducing evaporation.
(aa) "operating pressure" means the pressure at which a system of
sprinklers is designed to operate, usually indicated at the base of a sprin-
kler.
(bb) "overhead sprinkler irrigation systems" means those with high
flow rates (pop-ups, impulse sprinklers, rotors, etc.)
(cc) "overspray" means the water which is delivered beyond the land-
scaped area, welting pavements, walks, structures, or other non-land-
scaped areas.
(dd) "plant factor" means a factor that when multiplied by reference
evapotranspiration, estimates the amount of water used by plants. For
purposes of this ordinance, the average plant factor of low water using
plants ranges from to 0.3, for average water using plants the range is
0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0.
(ee) "rain sensing device" means a system which automatically shuts
off the irrigation system when it rains.
(ff) "record drawing" or "as-builts" means a set of reproducible draw-
ings which show significant changes in the work made during construc-
tion and which are usually based on drawings marked up in the field and
other data furnished by the contractor.
(gg) "recreational area" means areas of active play or recreation such
as sports fields, school yards, picnic grounds, or other areas with intense
foot traffic.
(hh) "recycled water," "reclaimed water," or "treated sewage effluent
water" means treated or recycled waste water of a quality suitable for
nonpotable uses such as landscape irrigation; not intended for human
consumption.
(ii) "reference evapotranspiration" or "ETo" means a standard mea-
surement of environmental parameters which affect the water use of
plants. ETo is given in inches per day, month, or year as represented in
Section 495, and is an estimate of the evapotranspiration of a large field
of four- to seven-inch tall, cool-season grass that is well watered. Refer-
ence evapotranspiration is used as the basis of determining the Maximum
Applied Water Allowances so that regional differences in climate can be
accommodated.
(jj) "rehabilitated landscape" means any relandscaping project that re-
quires a permit.
(kk) "run off means water which is not absorbed by the soil or land-
scape to which it is applied and flows from the area. For example, run off
may result from water that is applied at too great a rate (application rate
exceeds infiltration rate) or when there is a severe slope.
(//) "soil moisture sensing device" means a device that measures the
amount of water in the soil.
(mm) "soil texture" means the classification of soil based on the per-
centage of sand, silt, and clay in the soil.
(nn) "sprinkler head" means a device which sprays water through a
nozzle.
(oo) "static water pressure" means the pipeline or municipal water
supply pressure when water is not flowing.
(pp) "station" means an area served by one valve or by a set of valves
that operate simultaneously.
(qq) "turf means a surface layer of earth containing mowed grass with
its roots. Annual bluegrass, Kentucky bluegrass. Perennial ryegrass. Red
fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyu-
grass. Seashore paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo
grass are warm-season grasses.
(rr) "valve" means a device used to control the flow of water in the irri-
gation system.
(ss) "water conservation concept statement" means a one-page check-
list and a narrative summary of the project as shown in Section 492(c)( 1).
Note: Authority cited: Section 65594, Government Code. Reference: Section
65597, Government Code.
History
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
§ 492. Provisions for New or Rehabilitated Landscapes.
(a) Applicability.
Page 38
Register 92, No. 32; 8-7-92
Title 23
Department of Water Resources
§492
( 1 ) Except as provided in Section 492(a)(3), this section shall apply to:
(A) all new and rehabilitated landscaping for public agency projects
and private development projects that require a permit; and
(B) developer-installed landscaping in single-family and multi-fami-
ly projects.
(2) Projects subject to this section shall conform to the provisions in
Section 492.
(3) This section shall not apply to:
(A) homeowner-provided landscaping at single-family and multi-fa-
mily projects;
(B) cemeteries;
(C) registered historical sites;
(D) ecological restoration projects that do not require a permanent irri-
gation system;
(E) mined-land reclamation projects that do not require a permanent
irrigation system; or
(F) any project with a landscape area less than 2,500 square feet,
(b) Landscape Documentation Package
(1) A copy of the landscape documentation package conforming to
this chapter shall be submitted to the city or county. No permit shall be
issued until the city or county reviews and approves the landscape docu-
mentation package.
(2) A copy of the approved landscape documentation package shall
be provided to the property owner or site manager along with the record
drawings and any other information normally forwarded to the property
owner or site manager.
(3) A copy of the Water Conservation Concept Statement and the Cer-
tificate of Substantial Completion shall be sent by the project manager
to the local retail water purveyor.
(4) Each landscape documentation package shall include the follow-
ing elements, which are described in Section 492(c):
(A) Water Conservation Concept Statement
(B) Calculation of the Maximum AppHed Water Allowance
(C) Calculation of the Estimated Applied Water Use
(D) Calculation of the Estimated Total Water Use
(E) Landscape Design Plan
(F) Irrigation Design Plan
(G) Irrigation Schedules
(H) Maintenance Schedule
(I) Landscape Irrigation Audit Schedule
(J) Grading Design Plan
(K) Soil Analysis
(L) Certificate of Substantial Completion. (To be submitted after in-
stallation of the project).
(5) If effective precipitation is included in the calculation of the Esti-
mated Total Water Use, then an Effective Precipitation Disclosure State-
ment from the landscape professional and the property owner shall be
submitted with the Landscape Documentation Package.
(C) Elements of Landscape Documentation Package
(1) Water Conservation Concept Statement
Each landscape documentation package shall include a cover sheet,
referred to as the Water Conservation Concept Statement similar to the
following example. It serves as a check list to verify that the elements of
the landscape documentation package have been completed and has a
narrative summary of the project.
Page 38.1
Register 92, No. 32; 8-7-92
§492 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
Sample Water Conservation Concept Statement
Project Site: Project Number:
Project Location:
Landscape Architect/Irrigation Designer/Contractor:
Included in this project submittal package are:
(Check to indicate completion)
1. Maximum Applied Water Allowance:
gallons or cubic feet/year
2. Estimated Applied Water Use:
gallons or cubic feet/year
2. (a) Estimated Amount of Water Expected from Effective Precipitation:
gallons or cubic feet/year
3. Estimated Total Water Use:
gallons or cubic feet/year
Note: *If the design assumes that a part of the Estimated Total Water Use will be provided by pre-
cipitation, the Effective Precipitation Disclosure Statement in Section 494 shall be completed and
submitted.
•
4.
Landscape Design Plan
5.
Irrigation Design Plan
6.
Irrigation Schedules
7.
Maintenance Schedule
8.
Landscape Irrigation Audit Schedule
9.
Grading Design Plan
10.
Soil Analysis
Page 38.2 Register 92, No 32; 8-7-92
Title 23 Department of Water Resources § 492
(Sample Water Conservation Concept Statement, continued)
Description of Project
(Briefly describe the planning and design actions that are intended to achieve conservation and efficiency in water
use.)
Date: Prepared By:
Page 38.3 Register 92, No. 32; 8-7-92
§492
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(2) The Maximum Applied Water Allowance
(A) A project's Maximum Applied Water Allowance shall be calcu-
lated using the following formula:
MAWA = (ETo) (0.8) (LA) (0.62) where:
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.8 = ET Adjustment Factor
LA = Landscaped Area (square feet)
0.62 = conversion factor (to gallons per square foot)
(B) Two example calculations of the Maximum Applied Water Allow-
ance are:
(i) PROJECT SITE ONE: Landscaped area of 50,000 sq. ft. in Fresno
MAWA = (ETo) (.8) (LA) (.62)
= (51 inches) (.8) (50,000 square feet) (.62)
Maximum Applied Water Allowance = 1 ,264,800 gallons per year (or
1,691 hundred-cubic-feet per year: 1,264,800/748=1,691)
(ii) PROJECT SITE TWO: Landscaped area of 50,000 sq. ft. in San
Francisco
MAWA = (ETo) (.8) (LA) (.62)
= (35 inches) (.8) (50,000 square feet) (.62)
Maximum Applied Water Allowance = 868,000 gallons per year (or
1 , 1 60 hundred-cubic-feet per year)
(C) Portions of landscaped areas in public and private projects such as
parks, playgrounds, sports fields, golf courses, or school yards where turf
provides a playing surface or serves other recreational purposes are con-
sidered recreational areas and may require water in addition to the Maxi-
mum Applied Water Allowance. A statement shall be included with the
landscape design plan, designating recreational areas to be used for such
purposes and specifying any needed amount of additional water above
the Maximum Applied Water Allowance.
(3) Estimated Applied Water Use
(A) The Estimated Applied Water Use shall not exceed the Maximum
Applied Water Allowance.
(B) A calculation of the Estimated Applied Water Use shall be sub-
mitted with the Landscape Documentation Package. It may be calculated
by summing the amount of water recommended in the irrigation sched-
ule.
(4) Estimated Total Water Use
(A) A calculation of the Estimated Total Water Use shall be submitted
with the Landscape Documentation Package. The Estimated Total Water
Use may be calculated by summing the amount of water recommended
in the irrigation schedule and adding any amount of water expected from
effective precipitation (not to exceed 25 percent of the local annual mean
precipitation) or may be calculated from a formula such as the following:
The Estimated Total Water Use for the entire landscaped area equals
the sum of the Estimated Water Use of all hydrozones in that landscaped
area.
EWU (hydrozone) = (ETo) (PF) (HA) (.62)
-(IE)
EWU (hydrozone = Estimated Water Use (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
PF = plant factor
HA = hydrozone area (square feet)
(.62) = conversion factor
IE = irrigation efficiency
(B) If the Estimated Total Water Use is greater than the Estimated
Applied Water Use due to precipitation being included as a source of wa-
ter, an Effective Precipitation Disclosure Statement such as the one in
Section 494 shall be included in the Landscape Documentation Package.
(5) Landscape Design Plan
A landscape design plan meeting the following requirements shall be
submitted as part of the landscape documentation package.
(A) Plant Selection and Grouping
(i) Any plants may be used in the landscape, providing the Estimated
Applied Water Use recommended does not exceed the Maximum
Applied Water Allowance and that the plants meet the specifications set
forth in (ii), (iii) and (iv).
(ii) Plants having similar water use shall be grouped together in dis-
tinct hydrozones.
(iii) Plants shall be selected appropriately based upon their adaptabil-
lity to the climatic, geologic, and topographical conditions of the site.
Protection and preservation of native species and natural areas is encour-
aged. The planting of trees is encouraged wherever it is consistent with
the other provisions of this ordinance.
(iv) Fire prevention needs shall be addressed in areas that are fire
prone. Information about fire prone areas and appropriate landscaping
for fire safety is available from local fire departments or the California
Department of Forestry.
(B) Water Features
(i) Recirculating water shall be used for decorative water features,
(ii) Pool and spa covers are encouraged.
(C) Landscape Design Plan Specifications
The landscape design plan shall be drawn on project base sheets at a
scale that accurately and clearly identifies:
(i) Designation of hydrozones.
(ii) Landscape materials, trees, shrubs, groundcover, turf, and other
vegetation. Planting symbols shall be clearly drawn and plants labeled by
botanical name, common name, container size, spacing, and quantities
of each group of plants indicated.
(iii) Property lines and street names.
(iv) Streets, driveways, walkways, and other paved areas.
(v) Pools, ponds, water features, fences, and retaining walls.
(vi) Existing and proposed buildings and structures including eleva-
tion if applicable.
(vii) Natural features including but not limited to rock outcroppings,
existing trees, shrubs that will remain.
(viii) Tree staking, plant installation, soil preparation details, and any
other applicable planting and installation details.
(ix) A calculation of the total landscaped area.
(x) Designation of recreational areas.
(6) Irrigation Design Plan
An irrigation design plan meeting the following conditions shall be
submitted as part of the Landscaped Documentation Package.
(A) Irrigation Design Criteria
(i) Runoff and Overspray. Soil types and infiltration rate shall be con-
sidered when designing irrigation systems. All irrigation systems shall be
designed to avoid runoff, low head drainage, overspray, or other similar
conditions where water flows onto adjacent property, non-irrigated
areas, walks, roadways, or structures. Proper irrigation equipment and
schedules, including features such as repeat cycles, shall be used to close-
ly match application rates to infiltration rates therefore minimizing run-
off.
Special attention shall be given to avoid runoff on slopes and to avoid
overspray in planting areas with a width less than ten feet, and in median
strips.
No overhead sprinkler irrigation systems shall be installed in median
strips less than ten feet wide.
(ii) Irrigation Efficiency. For the purpose of determining the maxi-
mum applied water allowance, irrigation efficiency is assumed to be
0.625. Irrigation systems shall be designed, maintained, and managed to
meet or exceed 0.625 efficiency.
(iii) Equipment.
Water meters. Separate landscape water meters shall be installed for
all projects except for single family homes or any project v/ith a land-
scaped area of less than 5,000 square feet.
Controllers. Automafic control systems shall be required for all irriga-
tion systems and must be able to accommodate all aspects of the design.
Valves. Plants which require different amounts of water shall be irri-
gated by separate valves. If one valve is used for a given area, only plants
with similar water use shall be used in that area. Anti-drain (check)
•
•
Page 38.4
Register 92, No. 32; 8-7-92
Title 23
Department of Water Resources
§492
valves shall be installed in strategic points to minimize or prevent low-
head drainage.
Sprinkler heads. Heads and emmitters shall have consistent applica-
tion rates within each control valve circuit. Sprinkler heads shall be se-
lected for proper area coverage, application rate, operating pressure, ad-
justment capability, and ease of maintenance.
Rain Sensing Override Devices. Rain sensing override devices shall
be required on all irrigation systems.
Solid Moisture Sensing Devices. It is recommended that soil moisture
sensing devices be considered where appropriate.
(B) Recycled Water
(i) The installation of recycled water irrigation systems (dual distribu-
tion systems) shall be required to allow for the current and future use of
recycled water, unless a written exemption has been granted as described
in the following section (B)(ii).
(ii) Irrigation systems shall make use of recycled water unless a written
exemption has been granted by the local water agency, stating that re-
cycled water meeting all health standards is not available and will not be
available in the foreseeable future.
(iii) The recycled water irrigation systems shall be designed and oper-
ated in accordance with all local and state codes.
(C) Irrigation Design Plan Specifications
Irrigation systems shall be designed to be consistent with hydrozones.
The irrigation design plan shall be drawn on project base sheets. It
shall be separate from, but use the same format as the landscape design
plan. The scale shall be the same as that used for the landscape design
plan described in Section 492(c)(5)(C).
The irrigation design plan shall accurately and clearly identify:
(i) Location and size of separate water meters for the landscape.
(ii) Location, type, and size of all components of the irrigation system,
including automatic controllers, main and lateral lines, valves, sprinkler
heads, moisture sensing devices, rain switches, quick couplers, and back-
flow prevention devices.
(iii) Static water pressure at the point of connection to the public water
supply.
(iv) Flow rate (gallons per minute), application rate (inches per hour),
and design operating pressure (psi) for each station.
(v) Recycled water irrigation systems as specified in the Section
492(c)(4)(B).
(7) Irrigation Schedules
Irrigation schedules satisfying the following conditions shall be sub-
mitted as part of the Landscape Documentation Package.
(A) An annual irrigation program with monthly irrigation schedules
shall be required for the plant establishment period, for the established
landscape, and for any temporarily irrigated areas.
(B) The irrigation schedule shall:
(i) include mn time (in minutes per cycle), suggested number of cycles
per day, and frequency of irrigation for each station; and
(ii) provide the amount of applied water (in hundred cubic feet, gal-
lons, or in whatever billing units the local water supplier uses) recom-
mended on a monthly and annual basis.
(C) The total amount of water for the project shall include water desig-
nated in the Estimated Total Water Use calculation plus water needed for
any water features, which shall be considered as a high water using hy-
drozone.
(D) Recreational areas designated in the landscape design plan shall
be highlighted and the irrigation schedule shall indicate if any additional
water is needed above the Maximum Applied Water Allowance because
of high plant factors (but not due to irrigation inefficiency.)
(E) Whenever possible, irrigation scheduling shall incorporate the use
of evapotranspiration data such as those from the California Irrigation
Management Information System (CIMIS) weather stations to apply the
appropriate levels of water for different climates.
(F) Whenever possible, landscape irrigation shall be scheduled be-
tween 2:00 a.m. and 10:00 a.m. to avoid irrigating during limes of high
wind or high temperature.
(8) Maintenance Schedules
A regular maintenance schedule satisfying the following conditions
shall be submitted as part of the Landscape Documentation Package:
(A) Landscapes shall be maintained to ensure water efficiency. A reg-
ular maintenance schedule shall include but not be limited to checking,
adjusting, and repairing irrigation equipment; resetting the aulonutic
controller; aerating and dethatching turf areas; replenishing mulch; fertil-
izing; pruning, and weeding in all landscaped areas.
(B) Whenever possible, repair of irrigation equipment shall be done
with the originally specified materials or their equivalents.
(9) Landscape Irrigation Audit Schedules
A schedule of landscape irrigation audits, for all but single family resi-
dences, satisfying the following conditions shall be submitted to the city
or county as part of the Landscape Documentation Package.
(A) At a minimum, audits shall be in accordance with the State of Cali-
fornia Landscape Water Management Program as described in the Land-
scape Irrigation Auditor Handbook, the entire document, which is hereby
incorporated by reference. (See Landscape Irrigation Auditor Handbook
(June 1990) version 5.5 [formerly Master Auditor Training].)
(B) The schedule shall provide for landscape irrigation audits to be
conducted by certified landscape irrigation auditors at least once every
five years.
(10) Grading Design Plan
Grading design plans satisfying the following conditions shall be sub-
mitted as part of the Landscape Documentation Package.
(A) A grading design plan shall be drawn on project base sheets. It
shall be separate from but use the same format as the landscape design
plan.
(B) The grading design plan shall indicate finished configurations and
elevations of the landscaped area, including the height of graded slopes,
drainage patterns, pad elevations, and finish grade.
(11) Soils
(A) A soil analysis satisfying the following conditions shall be sub-
mitted as part of the Landscape Documentation Package.
(i) Determination of soil texture, indicating the percentage of organic
matter.
(ii) An approximate soil infiltration rate (either measured or derived
from soil texture/infiltration rate tables.) A range of infiltration rates shall
be noted where appropriate.
(iii) Measure of pH, and total soluble salts.
(B ) A mulch of at least three inches shall be applied to all planting areas
except turf.
(12) Certification
(A) Upon completing the installation of the landscaping and the irriga-
tion system, an irrigation audit shall be conducted by a certified land-
scape irrigation auditor prior to the final field observation. (See Land-
scape Irrigation Auditor Handbook as referenced in Section
492(c)(9)(A)).
(B) A licensed landscape architect or contractor, certified irrigation
designer, or other licensed or certified professional in a related field shall
conduct a final field observation and shall provide a certificate of sub-
stantial completion to the city or county. The certificate shall specifically
indicate that plants were installed as specified, that the irrigation system
was installed as designed, and that an irrigation audit has been performed,
along with a list of any observed deficiencies.
(C) Certification shall be accomplished by completing a Certificate of
Substantial Completion and delivering it to the city or county, to the retail
water supplier, and to the Owner of Record. A sample of such a form,
which shall be provided by the city or county is:
Page 38.5
Register 92, No. 32; 8-7-92
§492 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
SAMPLE CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Site: Project Number:
Project Location:
Preliminary Project Documentation Submitted: (check indicating submittal)
1. Maximum Applied Water Allowance:
(gallons or cubic feet per year)
2. Estimated Applied Water Use:
(gallons or cubic feet/year)
* 2a. Estimated Amount of Water Expected from Effective Precipitation:
(gallons or cubic feet/year)
3. Estimated Total Water Use:
(gallons or cubic feet/year)
Note: *If the design assumes that a part of the Estimated Total Water Use will be provided by precipitation, the Effective Precip-
itation Disclosure Statement in Section 495 shall be completed and submitted. The Estimated Amount of Water Expected from
Effective Precipitation shall not exceed 25 percent of the local annual mean precipitation (average rainfall.)
4.
Landscape Design Plan
5.
hrigation Design Plan
6.
hrigation Schedules
7.
Maintenance Schedule
8.
Landscape Irrigation Audit Schedule
9.
Grading Design Plan
10.
Soil Analysis
Post-Installation Inspection: (Check indicating substantial completion)
A. Plants installed as specified
B. Irrigation system installed as designed
dual distribution system for recycled water
minimal run off or overspray
C. Landscape Irrigation Audit performed
Page 38.6 Register 92, No. 32; 8-7-92
Title 23 Department of Water Resources § 492
(Certificate of Substantial Completion, continued)
Project submittal package and a copy of this certification has been provided to owner/manager and local water agency
Comments:
I/we certify that work has been installed in accordance with the contract documents:
Contractor Signature Date State License Number
I/we certify that based upon periodic site observations, the work has been substantially completed in accordance with the Water
Efficient Landscape Ordinance and that the landscape planting and irrigation installation conform with the approved plans and
specifications.
Landscape Architect Signature Date State License Number
or Irrigation Designer/Consultant
or Licensed or Certified Professional in a Related Field
I/we certify that I/we have received all of the contract documents and that it is our responsibility to see that the project is maintained
in accordance with the contract documents.
Owner Signature Date
Note: Authority cited: Section 65594, Government Code. Reference: Section
65597, Government Code.
Page 38.7 Register 92, No. 32; 8-7-92
§493
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(d) Public Education
( 1 ) Publications.
(A) Local agencies shall provide information to owners of all new,
single family residential homes regarding the design, installation, and
maintenance of water efficient landscapes.
(B) Information about the efficient use of landscape water shall be pro-
vided to water users throughout the community.
(2) Model Homes.
At least one model home that is landscaped in each project consisting
of eight or more homes shall demonstrate via signs and information the
principles of water efficient landscapes described in this ordinance.
(A) Signs shall be used to identify the model as an example of a water
efficient landscape and featuring elements such as hydrozones, irrigation
equipment and others which contribute to the overall water efficient
theme.
(B) Information shall be provided about designing, installing, and
maintaining water efficient landscapes.
NOTE: Authorioty cited: Section 63594, Government Code. Reference: Section
65597, Government Code.
History
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
§ 493. Provisions for Existing Landscapes.
(a) Water management
All existing landscaped areas to which the city or county provides wa-
ter that are one acre or more, including golf courses, green belts, common
areas, multi-family housing, schools, businesses, parks, cemeteries, and
publicly owned landscapes shall have a landscape irrigation audit at least
every five years. At a minimum, the audit shall be in accordance with the
California Landscape Water Management Program as described in the
Landscape Irrigation Auditor Handbook, the entire document which is
hereby incorporated by reference. (See Landscape Irrigation Auditor
Handbook, Dept. of Water Resources, Water Conservation Office (June
1990) version 5.5.)
( 1 ) If the project's water bills indicate that they are using less than or
equal to the Maximum Applied Water Allowance for that project site, an
audit shall not be required.
(2) Recognition of projects that stay within the Maximum Applied
Water Allowance is encouraged.
(b) Water Waste Prevention
Cities and counties shall prevent water waste resulting from inefficient
landscape irrigation by prohibiting runoff, low head drainage, overspray,
or other similar conditions where water flows onto adjacent property,
non-irrigated areas, walks, roadways, or structures. Penalties for viola-
tion of these prohibitions shall be established locally.
NOTE: Authority cited: Section 65594, Government Code; Reference: Section
65597, Government Code.
History
I. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
§ 494. Effective Precipitation.
If effective precipitation is included in the calculation of the Estimated
Total Water Use, an Effective Precipitation Disclosure Statement (simi-
lar to the following Sample Effective Precipitation Disclosure State-
ment) shall be completed, signed, and submitted with the Landscape
Documentation Package. No more than 25 percent of the local annual
mean precipitation shall be considered effective precipitation in the cal-
culation of the Estimated Total Water Use.
Page 38.8
Register 92, No. 32; 8-7-92
Title 23 Department of Water Resources § 494
SAMPLE EFFECTIVE PRECIPITATION DISCLOSURE STATEMENT
I certify that I have informed the project owner and developer that this project depends on (gallons or cubic feet) of
effective precipitation per year. This represents percent of the local mean precipitation of inches per
year.
I have based my assumptions about the amount of precipitation that is effective upon:
I certify that I have informed the project owner and developer that in times of drought, there may not be enough water available to
keep the entire landscape alive.
Licensed or Certified Landscape Professional
I Certify that I have been informed by the licensed or certified landscape professional that this project depends upon
(gallons or cubic feet) of effective precipitation per year. This represents percent of the local mean precipitation
of inches per year.
I certify that I have been informed that in times of drought, there may not be enough water available to keep the entire landscape
alive.
Owner Developer
Page 38.9 Register 92, No. 32; 8 - 7 - 92
§495
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 495. Reference Evapotranspiration.
REFERENCE EVAPOTRANSPiRATiON
In inches (Historical Data, extrapolated from 12-Month Normal Year
ETo Maps and U.C. publication 21426)
Ann.
County
City
Jan
Feb
Mar
Apr
May
Jun
Jut
Aug
Sep
Oct
Nov
Dec
Eto
Alameda
Livermore
1.2
1.5
2.9
4.4
5.9
6.6
7.4
6.4
5.3
3.2
1.5
0.9
47.2
Oakland
1.5
1.5
2.8
3.9
5.1
5.3
6.0
5.5
4.8
3.1
1.4
0.9
41.8
Alpine
Markleeville
0.7
0.9
2.0
3.5
5.0
6.1
7.3
6.4
4.4
2.6
1.2
0.5
40.5
Amador
Jackson
1.2
1.5
2.8
4.4
6.0
7.2
7.9
7.2
5.3
3.2
1.4
0.9
48.9
Butte
Chico
1.2
1.8
2.9
4.7
6.1
7.4
8.5
7.3
5.4
3.7
1.7
1.0
51.7
Gridley
1.2
1.8
3.0
4.7
6.1
7.7
8.5
7.1
5.4
3.7
1.7
1.0
51.9
Oroville
1.2
1.7
2.8
4.7
6.1
7.6
8.5
7.3
5.3
3.7
1.7
1.0
51.5
Calaveras
San Andreas
1.2
1.5
2.8
4.4
6.0
7.3
7.9
7.0
5.3
3.2
1.4
0.7
48.8
Colusa
Colusa
1.1
1.7
2.8
4.8
6.6
7.4
8.2
7.0
5.7
3.5
1.7
1.0
51.4
Williams
1.2
1.7
2.9
4.5
6.1
7.2
8.5
7.3
5.3
3.4
1.6
1.0
50.8
Contra Costa
Benlcia
1.3
1.4
2.7
3.8
4.9
5.0
6.4
5.5
4.4
2.9
1.2
0.7
40.3
Brentwood
1.0
1.5
2.9
4.5
6.1
7.1
7.9
6.7
5.2
3.2
1.4
0.7
48.3
Courtland
0.9
1.5
2.9
4.4
6.1
6.9
7.9
6.7
5.3
3.2
1.4
0.7
48.0
Concord
1.1
1.4
2.4
4.0
5.5
5.9
7.0
6.0
4.8
3.2
1.3
0.7
43.4
Martinez
1.2
1.4
2.4
3.9
5.3
5.6
6.7
5.6
4.7
3.1
1.2
0.7
41.8
Pittsburg
1.0
1.5
2.8
4.1
5.6
6.4
7.4
6.4
5.0
3.2
1.3
0.7
45.4
Del Norte
Crescent City
0.5
0.9
2.0
3.0
3.7
3.5
4.3
3.7
3.0
2.0
0.9
0.5
27.7
El Dorado
Camino
0.9
1.7
2.5
3.9
5.9
7.2
7.8
6.8
5.1
3.1
1.5
0.9
47.3
Fresno
Clovis
1.0
1.5
3.2
4.8
6.4
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.4
Coalinga
1.2
1.7
3.1
4.6
6.2
7.2
8.5
7.3
5.3
3.4
1.6
0.7
50.9
Five Points
0.9
1.7
3.3
5.0
6.6
7.7
8.5
7.3
5.4
3.4
1.5
0.9
52.1
Fresno
0.9
1.7
3.3
4.8
6.7
7.8
8.4
7.1
5.2
3.2
1.4
0.6
51.1
Friant
1.2
1.5
3.1
4.7
6.4
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.3
Kerman
0.9
1.5
3.2
4.8
6.6
7.7
8.4
7.2
5.3
3.4
1.4
0.7
51.2
Kingsburg
1.0
1.5
3.4
4.8
6.6
7.7
8.4
7.2
5.3
3.4
1.4
0.7
51.6
Reedley
1.1
1.5
3.2
4.7
6.4
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.3
Glenn
Orland
1.2
1.7
3.1
4.8
6.7
7.4
8.8
7.3
5.8
3.8
1.7
1.1
53.3
Willows
1.2
1.7
2.9
4.7
6.1
7.2
8.5
7.3
5.3
3.6
1.7
1.0
51.3
Humboldt
Eureka
0.5
1.1
2.0
3.0
3,7
3.7
3.7
3.7
3.0
2.0
0.9
0.5
27.5
Ferndale
0.5
1.1
2.0
3.0
3.7
3.7
3.7
3.7
3.0
2.0
0.9
0.5
27.5
Garberviile
0.6
1.2
2.2
3.1
4.5
5.0
5.5
4.9
3.8
2.4
1.0
0.7
34.9
Hoopa
0.5
1.1
2.1
3.0
4.4
5.4
6.1
5.1
3.8
2.4
0.9
0.7
35.6
Imperial
Brawley
2.8
3.8
5.9
8.0
10.4
11.5
11.7
10.0
8.4
6.2
3.5
2.1
84.2
Calipatria
2.9
3.9
6.1
8.3
10.5
11.8
12.0
10.4
8.6
6.5
3.8
2.3
86.9
El Centre
2.7
3.5
5.6
7.9
10.1
11.1
11.6
9.5
8.3
6.1
3.3
2.0
81.7
Holtville
2.8
3.8
5.9
7.9
10.4
11.6
12.0
10.0
8.6
6.2
3.5
2.1
84.7
Yuma
3.1
4.1
6.6
8.7
11.0
12.4
12.7
11.0
8.9
6.6
4.0
2.6
91.5
Inyo
Bishop
1.7
2.7
4.8
6.7
8.2
10.9
7.4
9.6
7.4
4.8
2.5
1.6
68.3
Death Valley
2.2
3.3
5.4
7.7
9.8
11.1
11.4
10.1
8.3
5.4
2.9
1.7
79.1
Independence
1.7
2.7
3.4
6.6
8.5
9.5
9.8
8.5
7.1
3.9
2.0
1.5
65.2
Lower Haiwee
1.8
2.7
4.4
7.1
8.5
9.5
9.8
8.5
7.1
4.2
2.6
1.5
67.6
Oasis
2.7
2.8
5.9
8.0
10.4
11.7
11.6
10.0
8.4
6.2
3.4
2.1
83.1
Kern
Arvin
1.2
1.8
3.5
4.7
6.6
7.4
8.1
7.3
5.3
3.4
1.7
1.0
51.9
Bakersfield
1.0
1.8
3.5
4.7
6.6
7.7
8.5
7.3
5.3
3.5
1.6
0.9
52.4
Buttonwillow
1.0
1.8
3.2
4.7
6.6
7.7
8.5
7.3
5.4
3.4
1.5
0.9
52.0
Delano
0.9
1.8
3.4
4.7
6.6
7.7
8.5
7.3
5.4
3.4
1.4
0.7
52.0
Grapevine
1.3
1.8
3.1
4.4
5.6
6.8
7.6
6.8
5.9
3.4
1.9
1.0
49.5
China Lake
2.1
3.2
5.3
7.7
9.2
10.0
11.0
9.8
7.3
4.9
2.7
1.7
74.8
Inyokern
2.0
3.1
4.9
7.3
8.5
9.7
11.0
9.4
7.1
5.1
2.6
1.7
72.4
Isabella Dam
1.2
1.4
2.8
4.4
5.8
7.3
7.9
7.0
5.0
3.2
1.7
0.9
48.4
Lost Hills
0.5
1.1
2.6
4.4
7.0
7.7
8.5
7.1
5.0
3.9
0.8
0.4
49.0
Shatter
1.0
1.7
3A
5.0
5.6
7.7
8.3
7.3
5.4
3.4
1.5
0.9
52.1
"^ --*
' "
■^
— . o
;^ -\
~7 "^
1.5
7 ^.
?.■-
- 7
1 -1
5^.2
""_',-; ~ - •; - ■
' . 1
- C
2.Z
= ^.
c .'
T T
~.3
• ■ C-
5.:?
3.4
~ •
• 7
5 2 . 9 (
Page 38.10
Register 92, No. 32; 8-7-92
Title 23
Department of Water Resources
§495
Ann.
County
City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Eto
Kings
Corcoran
0.9
1.5
3.3
5.2
7.2
7.9
8.4
7.3
5.8
3.4
1.4
0.7
53.1
Hanford
0.9
1.5
3.4
5.0
6.6
7.7
8.3
7.2
5.4
3.4
1.4
0.7
51.5
Kettleman City
1.0
1.8
3.4
5.3
7.2
7.9
8.4
7.4
5.9
3.7
1.7
1.0
54.6
Lemoore
0.9
1.5
3.4
5.0
6.6
7.7
8.3
7.3
5.4
3.4
1.4
0.7
51.7
Lake
Lakeport
1.1
1.3
2.6
3.5
5.1
6.0
7.3
6.1
4.7
2.9
1,2
0.9
42.8
Lower Lake
1.2
1.4
2.7
4.5
5.3
6.3
7.4
6.4
5.0
3.1
1.3
0.9
45.4
Lassen
Ravendale
0.6
1.1
2.3
4.1
5.6
6.7
7.9
7.3
4.7
2.8
1.2
0.5
44.9
Susanville
0.7
1.0
2.2
4.1
5.6
8.5
7.8
7.0
4.6
2.8
1.2
0.5
44.0
Los Angeles
Burbank
2.1
2.8
3.7
4.7
5.1
6.0
6.6
6.7
5.4
4.0
2.6
2.0
51.7
Glendora
2.0
2.5
3.6
4.9
5.4
6.1
7.3
6.8
5.7
4.2
2.6
2.0
53.1
Gorman
1.6
2.2
3.4
4.6
5.5
7.4
7.7
7.1
5.9
3.6
2.4
1.1
52.4
Lancaster
2.1
3.0
4.6
5.9
8.5
9.7
11.0
9.8
7.3
4.6
2.8
1.7
71.1
Los Angeles
2.2
2.7
3.7
4.7
5.5
5.8
6.2
5.9
5.0
3.9
2.6
2.0
50.1
Long Beach
2.2
2.5
3.4
3.8
4.8
5.0
5.3
4.9
4.5
3.4
2.4
2.0
44.0
Palmdale
2.0
2.7
4.2
5.1
7.6
8.5
9.9
9.8
6.7
4.2
2.6
1.7
64.8
Pasadena
2.1
2.7
3.7
4.7
5.1
6.0
7.1
6.7
5.6
4.2
2.6
2.0
52.3
Pearblossom
1.7
2.4
3.7
4.7
7.3
7.7
9.9
7.9
6.4
4.0
2.6
1.6
59.9
Redondo Beach
2.2
2.4
3.3
3.8
4.5
4.7
5.4
4.8
4.4
2.8
2.4
2.0
42.6
San Fernando
2.0
2.7
3.5
4.6
5.5
5.9
7.3
6.7
5.3
3.9
2.6
2.0
52.0
Madera
Chowchilla
1.0
1.4
3.2
4.7
6.6
7.8
8.5
7.3
5.3
3.4
1.4
0.7
51.4
Madera
0.9
1.4
3.2
4.8
6.6
7.8
8.5
7.3
5.3
3.4
1.4
0.7
51.5
Raymond
1.2
1.5
3.0
4.6
6.1
7.6
8.4
7.3
5.2
3.4
1.4
0.7
50.5
Marin
Novato
1.3
1.5
2.4
3.5
4.4
6.0
5.9
5.4
4.4
2.8
1.4
0.7
39.8
San Rafael
1.2
1.3
2.4
3.3
4.0
4.8
4.8
4.9
4.3
2.7
1.3
0.7
35.8
Mariposa
Couiterviiie
1.1
1.5
2.8
4.4
5.9
7.3
8.1
7.0
5.3
3.4
1.4
0.7
48.8
Mariposa
1.1
1.5
2.8
4.4
5.9
7.4
8.2
7.1
5.0
3.4
1.4
0.7
49.0
Yosemite Villaae
0.7
1.0
2.3
3.7
5.1
6.5
7.1
6.1
4.4
2.9
1.1
0.6
41.4
Mendocino
Fort Bragg
0.9
1.3
2.2
3.0
3.7
3.5
3.7
3.7
3.0
2.3
1.2
0.7
29.0
Point Arena
1.0
1.3
2.3
3.0
3.7
3.9
3.7
3.7
3.0
2.3
1.2
0.7
29.6
Hopland
1.1
1.3
2.6
3.4
5.0
5.9
6.5
5.7
4,5
2.8
1.3
0.7
40.9
Ukiah
1.0
1.3
2.6
3.3
5.0
5.8
6.7
5.9
4.5
2.8
1.3
0.7
40.9
Merced
Merced
1.0
1.5
3.2
4.7
6.6
7.9
8.5
7.2
5.3
3.4
1.4
0.7
51.5
Los Bancs
1.0
1.5
3.2
4.7
6.1
7.4
8.2
7.0
5.3
3.4
1.4
0.7
50.0
Mono
Bridgeport
0.7
0.9
2.2
3.8
5.5
6.6
7.4
6.7
4.7
2.7
1.2
0.5
43.0
Monterey
Castroville
1.6
1.8
2.7
3.5
4.4
4.4
4.5
4.2
3.8
2.8
1.8
1.3
36.7
King City
1.7
2.0
3.4
4.4
4.4
5.6
6.1
6.7
6.5
5.2
2.2
1.3
49.6
Long Valley
1.5
1.9
3.2
4.1
5.8
6.5
7.3
6.7
5.3
3.6
2.0
1.2
49.1
Monterey
1.7
1.8
2.7
3.5
4.0
4.1
4.3
4.2
3.5
2.8
1.9
1.5
36.0
Salinas
1.6
1.9
2.7
3.8
4.8
4.7
5.0
4.5
4.0
2.9
1.9
1.3
39.1
Soledad
1.7
2.0
3.4
4.4
5.5
5.4
6.5
6.2
5.2
3.7
2.2
1-5
47.7
Napa
St. Helena
1.2
1.5
2.8
3.9
5.1
6.1
7.0
6,2
4.8
3.1
1.4
0.9
44.1
Yountville
1.3
1.7
2.8
3.9
5.1
6.0
7.1
6.1
4.8
3.1
1.5
0.9
44.3
Nevada
Grass Valley
1.1
1.5
2.6
4.0
5.7
7.1
7.9
7.1
5.3
3.2
1,5
0.9
48.0
Nevada City
1.1
1.5
2.6
3.9
5.8
6.9
7.9
7.0
5.3
3.2
1.4
0.9
47.4
Orange
Santa Ana
2.2
2.7
3.7
4.5
4.6
5.4
6.2
6,1
4.7
3.7
2.5
2.0
48.2
Laguna Beach
2.2
2.7
3.4
3.8
4.6
4.6
4.9
4.9
4.4
3.4
2.4
2.0
43.2
Placer
Auburn
1.2
1.7
2.8
4.4
6.1
7.4
8.3
7.3
5.4
3.4
1.5
1.0
50.6
Blue Canyon
0.7
1.1
2.1
3.4
4.8
6.0
7.2
6.1
4.6
2.9
0.9
0.6
40.5
Colfax
1.1
1.5
2.6
4.0
5.8
7.1
7.9
7.0
5.3
3.2
1.4
0.9
47.9
Soda Springs
0.7
0.7
1.8
3.0
4.3
5.3
6.2
5.5
4.1
2.5
0.7
0.7
35.4
Tahoe City
0.7
0.7
1.7
3.0
4.3
5.4
6.1
5.6
4.1
2.4
0.8
0.6
35.5
Truckee
0.7
0.7
1.7
3.2
4.4
5.4
6.4
5.7
4.1
2.4
0.8
0.6
36.2
Page 38.11
Register 92, No. 32; 8-7-92
§495
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Ann.
County
City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Eto
Plumas
Quincy
0.7
0.9
2.2
3.5
4.9
5.9
7.3
5.9
4.4
2.8
1.2
0.5
40.2
Portola
0.7
0.9
2.0
3.5
4.9
5.9
7.3
5.9
4.3
2.7
0.9
0.5
39.4
Riverside
Beaumont
2.0
2.3
3.4
4.4
6.1
7.1
7.6
7.9
6.0
3.9
2.6
1.7
55.0
Biythe
3.2
4.2
6.7
8,9
11.1
12.4
12.8
11.1
9.1
6.7
4.0
2.7
92.9
Coachetia
2.9
4.4
6.2
8.4
10.5
11.9
12.3
10.1
8.9
6.2
3.8
2.4
88.1
Desert Center
2.9
4.1
6.4
8.5
11.0
12.1
12.2
11.1
9.0
6.4
3.9
2.6
90.0
Eisinora
2.1
2.8
3.9
4.4
5.9
7.1
7.6
7.0
5.8
3.9
2.6
2.0
55.0
Indio
2.9
4.0
6.2
8.3
10.5
11.9
12.3
10.0
8.9
6.4
3.8
2.4
87.6
Palm Desert
2.0
3.5
4.9
7.7
8.5
10.6
9.8
9.2
8.4
6.1
2.7
1.8
75.1
Palm Springs
2.0
2.9
4.9
7.2
8.3
8.5
11.6
8.3
7.2
5.9
2.7
1.7
71.1
Riverside
2.1
2.9
4.0
4.1
6.1
7,1
7.9
7.6
6.1
4.2
2.6
2.0
56.6
Sacramento
Roseville
1.1
1.7
3.1
4.7
6.2
7.7
8.5
7.3
5.6
3.7
1.7
1.0
52.2
Sacramento
1.0
1.8
3.2
4.7
6.4
7.7
8.4
7.2
5.4
3.7
1.7
0.9
51.9
San Benito
Hollister
1.5
1.8
3.1
4.3
5.5
5.7
6.4
5.9
5.0
3.5
1.7
1.1
45.1
San Bernardino
Baker
2.7
3.9
6.1
8-3
10.4
11.8
12.2
11.0
8.9
6.1
3.3
2.1
86.6
Barstow
2.6
3.6
5.7
7.9
10-1
11.6
12.0
10.4
8.6
5.7
3.3
2.1
83.6
Chino
2.1
2.9
3.9
4.5
5.7
6.5
7.3
7.1
5.9
4.2
2.6
2.0
54.6
Crestline
1.5
1.9
3.3
4.4
5.5
6.6
7.8
7.1
5.4
3.5
2.2
1.6
50,8
Needles
3.2
4.2
6.6
8,9
11.0
12.4
12.8
11.0
8.9
6.6
4.0
2.7
92.1
Lucerne Yalley
2.2
2.9
5.1
6.5
9.2
11.0
11.4
9.9
7.4
5.0
3.0
1.8
75.3
San Bernardino
2.0
2.7
3.8
4.6
5.7
6.9
7.9
7.4
5.9
4.2
2.6
2.0
55.5
Twentynina Palms
2.6
3.6
5.9
7.9
10.1
11-2
11.2
10,3
8.6
5.9
3.4
2.2
82.9
Victorville
2.3
3.1
4.9
6.7
9.3
10.0
11.2
9,8
7.4
5.1
2-8
1.8
74.6
San Diego
Chula Vista
2.2
2.7
3.4
3.8
4.9
4.7
5.5
4.9
4.5
3.4
2.4
2.0
44.2
Escondido
2.1
2.8
3.8
4-7
5.6
6.7
6.8
6.5
5.4
3.8
2.5
2.0
52.5
Oceanside
2.2
2.7
3.4
3.7
4.9
4.6
4.6
5.1
4.1
3.3
2,4
2.0
42-9
Pine Valley
1.5
2.4
3.8
5.1
6.0
7.0
7.8
7.3
6.0
4.0
2.2
1.7
54.8
Ramona
2.1
2.5
4.0
4.7
5.6
6.5
7.3
7.0
5.6
3.9
2.5
1.7
53.4
San Diego
2.2
2.5
3.3
3.4
4.4
4.0
4.6
4.6
3.9
3.3
2.2
2.0
40.6
Santee
2.1
2.7
3.7
4.5
5.5
6.1
5.6
6.2
5.4
3.8
2.6
2.0
51.1
Warner Springs
1.6
2.7
3.7
4.7
5.7
7.6
8.3
7.7
6.3
4-0
2.5
1.3
56.0
San Francisco
San Francisco
1.5
1.3
2.4
3.0
3.7
4.6
4.9
4.8
4.1
2.8
1.3
0.7
35,1
San Joaquin
Farmington
1.5
1.5
2.9
4.7
6.2
7.6
8.1
6.8
5.3
3.3
1.4
0.7
50.0
Lodt
0.9
1.5
2.9
5.1
6.5
7.0
7.7
7.7
5.2
3.1
1.3
0.7
49.5
Manteca
1.5
1.5
3.0
4.7
6.4
7.6
8.1
6.8
5.3
3.3
1.4
0.6
50.1
Stockton
0.8
1-5
2.9
4.7
6.2
7.4
8.1
6.8
5.3
3.2
1.4
0.6
49.1
Tracy
1.0
1.5
2.9
4.5
6.1
7.3
7.9
6.7
5.3
3.2
1.3
0.7
48,5
San Luis Obispo
Aaoyo Grande
2.0
2.2
3,2
3,8
4.3
4.7
4.3
4.6
3.8
3.2
2.4
1.7
40.0
Atascadero
1.2
1.5
2.8
3.9
4.5
6.0
6.7
6.2
5.0
3.2
1.7
1.0
43.7
Morro Bay
2.0
2.2
3.1
3.5
4.3
4.5
4.6
4.6
3.8
3.5
2.1
1.7
39-9
Paso Robles
1.6
2.0
3.2
4.3
5.5
6.3
7.3
6.7
5.1
3.7
2.1
1.4
49.0
San Luis Obispo
2.0
2.2
3.2
4.1
4.9
5.3
4.6
5.5
4.4
3.5
2.4
1.7
43.8
San Miguel
1.6
2.0
3.2
4.3
5.0
6.4
7.4
6.8
5.1
3.7
2.1
1,4
49.0
San Simeon
2.0
2.0
2.9
3.5
4.2
4.4
4.6
4.3
3.5
3.1
2.0
1.7
38.1
San Mateo
Half Moon Bay
1.5
1.7
2.4
3.0
3.9
4.3
4.3
4.2
3.5
2.8
1.3
1.0
33.7
Redwood City
1.5
1.8
2.9
3.8
5.2
5.3
6.2
5.6
4.8
3.1
1.7
1.0
42,8
Santa Barbara
Carpenteria
2.0
2.4
3.2
3.9
4.8
5.2
5.5
5.7
4.5
3.4
2.4
2.0
44.9
Guadalupe
2.0
2.2
3.2
3.7
4.9
4.6
4.5
4.6
4.1
3.3
2,4
1.7
41.1
Los Alamos
1.8
2.0
3.2
4.1
4.9
5.3
5.7
5.5
4-4
3.7
2.4
1.6
44,6
Lompoc
2.0
2-2
3.2
3.7
4.8
4.6
4.9
4.8
3.9
3.2
2.4
1.7
41.1
Santa Barbara
2.0
2.5
3.2
3.3
4.6
5.1
5.5
4.5
3.4
2.4
1.8
1.8
40.6
Santa Maria
1.8
2.2
3.2
4.0
5.0
5.1
5.1
5.1
4.5
3.5
2.4
1.7
43.7
Sciv--.-
9 "
<^
r\ t^
J ^
5.Z
S.-
:; i
?.T
• (
3.7
2.2
V?
^S.6
Page 38.12
Register 92, No. 32; 8-7-92
Title 23
Department of Water Resources
§495
■I^^M
m^mm
wmtmmm
mm^^m
Ann.
County
City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Eto
Santa Clara
Gilroy
1.3
1.8
3.1
4.1
5.3
5.6
6.1
5.5
4.7
3.4
1.7
1.1
43.6
Los Gatos
1.5
1.8
2.8
3.9
5.0
5.6
6.2
5.5
4.7
3.2
1.7
1.1
42.9
PaloAfto
1.5
1.8
2.8
3.8
5,2
5.3
6.2
5.6
5.0
3.2
1.7
1.0
43.0
San Jose
1.5
1.8
3.1
4.1
5.5
5.8
6.5
5.9
5.2
3.3
1.8
1.0
45.3
Santa Cruz
Santa Cruz
1.5
1.8
2.6
3.5
4.3
4.4
4.8
4.4
3.8
2.8
1.7
1.2
36.6
Watsonville
1.5
1.8
2.7
3.7
4.6
4.5
4.9
4.2
4.0
2.9
1.8
1.2
37.7
Shasta
Burney
0,7
1.0
2.1
3.5
4,9
5.9
7.4
6.4
4.4
2.9
0.9
0.6
40.9
Fall River Mills
0.6
1.0
2.1
3.7
5.0
6.1
7.8
6.7
4.6
2.8
0.9
0.5
41.8
Glenbum
0.6
1.0
2.1
3.7
5.0
6.3
7.8
6.7
4.7
2.8
0.9
0.6
42.1
Redding
1.2
1.4
2.6
4.1
5.6
7.1
8.5
7.3
5.3
3.2
1.4
0.9
48.8
Sierra
Downieviile
0.7
1.0
2.3
3.5
5.0
6.0
7.4
6.2
4.7
2.8
0.9
0.6
41,3
Sierraville
0.7
1.1
2.2
3.2
4.5
5.9
7.3
6.4
4.3
2.6
0.9
0.5
39.6
Siskiyou
Happy Camp
0.5
0.9
2.0
3.0
4.3
5.2
6.1
5.3
4.1
2.4
0.9
0.5
35.1
Mt. Shasta
0.5
0.9
2.0
3.0
4.5
5.3
6.7
5.7
4.0
2.2
0.7
0.5
36.0
Tulelake
0.5
0.9
2.1
3.4
5.3
5.9
7.9
6.7
4.4
2.7
0.9
0.5
41.2
Weed
0.5
0.9
2.0
2.5
4.5
5.3
6.7
5.5
3.7
2.0
0.9
0.5
34.9
Yreka
0.6
0.9
2.1
3.0
4.9
5.8
7.3
6.5
4.3
2.5
0.9
0.5
39.2
Soiano
Fairfield
1.1
1.7
2.8
4.0
5.5
6.1
7.8
6.0
4.8
3.1
1.4
0.9
45.2
Rio Vista
0.9
1.7
2.8
4.4
5.9
6.7
7.9
6.5
5.1
3.2
1.3
0.7
47.0
Sonoma
Cloverdale
1.1
1.4
2.6
3.4
5.0
5.9
6.2
5.6
4.5
2.8
1.4
0.7
40.7
Fort Ross
1.2
1.4
2.2
3.0
3.7
4.5
4.2
4.3
3.4
2.4
1.2
0.5
31.9
Hearldsburg
1.2
1.5
2.4
3.5
5.0
5.9
6,1
5.6
4.5
2.8
1.4
0.7
40,8
Lincoln
1.2
1.7
2.8
4.7
6.1
7.4
8.4
7.3
5.4
3.7
1.9
1.2
51.9
Petaluma
1.2
1.5
2.8
3.7
4.6
5.6
4.6
5.7
4.5
2.9
1.4
0.9
39.6
Santa Rosa
1.2
1.7
2.8
3.7
5.0
6,0
6.1
5.9
4.5
2.9
1.5
0.7
42.0
Stanislaus
La Grange
1.2
1.5
3.1
4.7
6.2
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.2
Modesto
0.9
1.4
3.2
4.7
6.4
7.7
8.1
6.8
5.0
"3.4
1.4
0.7
49.7
Newman
1.0
1.5
3.2
4.6
6.2
7.4
8.1
6.7
5.0
3.4
1.4
0.7
49.3
Oakdale
1.2
1.5
3.2
4.7
6.2
7.7
8.1
7.1
5.1
3.4
1.4
0.7
50.3
Turlock
0.9
1.5
3.2
4.7
6.5
7.7
8.2
7.0
5.1
3.4
1.4
0.7
50.2
Sutter
Yuba City
1.3
2.1
2.8
4.4
5.7
7.2
7.1
6.1
4.7
3.2
1.2
0.9
46.7
Tehama
Red Bluff
1.2
1.8
2.9
4.4
5.9
7,4
8.5
7.3
5.4
3.5
1.7
1.0
51.1
Coming
1.2
1.8
2.9
4.5
6.1
7.3
8.1
7.2
5.3
3.7
1.7
1.1
50.7
Trinity
Hay Fork
0.5
1.1
2.3
3.5
4.9
5.9
7.0
6.0
4.5
2.8
0.9
0.7
40.1
Weaverville
0.6
1.1
2.2
3.3
4.9
5.9
7,3
6.0
4.4
2.7
0.9
0.7
40.0
Toutomme
Groveland
1.1
1.5
2.8
4.1
5.7
7.2
7.9
6.6
5.1
3.3
1.4
0.7
47.5
Sonora
1.1
1.5
2.8
4.1
5.8
7.2
7.9
6.7
5.1
3.2
1.4
0.7
47.6
Tulare
Alpaugh
0.9
1.7
3.4
4.8
6.6
7.7
8.2
7.3
5.4
3.4
1.4
0.7
51.6
Badger
1.0
1.3
2.7
4.1
6,0
7.3
7.7
7.0
4.8
3.3
1.4
0.7
47.3
Oinuba
1.1
1.5
3.2
4.7
6.2
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.2
Porterville
1.2
1.8
3.4
,4.7
6.6
7.7
8.5
7.3
5.3
3.4
1.4
0.7
52,1
Visalia
1.0
1.8
3.4
5.4
7.0
8.2
8.4
7.2
5.7
3.8
1.7
0.9
54.3
Ventura
Oxnard
2.2
2.5
3.2
3.7
4.4
4.6
5.4
4.8
4.0
3.3
2.4
2.0
42.3
Thousand Oaks
2.2
2.7
3.4
4.5
5.4
5,9
6.7
6.4
5.4
3.9
2.6
2.0
51.0
Ventura
2.2
2.7
3.2
3.8
4.6
4.7
5.5
4.9
4.1
3.4
2.5
2.0
43.5
Yolo
Davis
1.0
1.9
3.3
5.0
6.4
7.6
8.2
7.1
5.4
4.0
1.8
1.0
52.5
Winters
1.7
1.7
2.9
4.4
5.8
7.1
7.9
6.7
5.3
3.3
1.6
1.0
49.4
Woodland
1.0
1.8
3.2
4.7
6,1
7.7
8,2
7.2
5.4
3.7
1.7
1.0
51.6
Yuba
Brownsville
1.1
1.4
2.6
4.0
5.7
6.8
7.9
6.8
5.3
3.4
1.5
0.9
47.4
Average
1.4
1.9
3.2
4.6
6.0
6.9
7.6
6.8
5.3
3.6
1.8
1.1
50.2
Max
3.2
4.4
6.7
8.9
11,1
12.4
12,8
11.1
9.1
6.7
4.0
2.7
92.9
Min
0.5
0.7
1.7
2.5
3.7
3.5
3.7
3.7
3.0
2,0
0.7
0.4
27.5
History
1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
Page 38.13
Register 2003, No. 34; 8-22-2003
§ 497.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Chapter 2.7.1 . Flood Protection Corridor
Program of the Costa-Machado Water Act of
2000
§497.1. Scope.
(a) These regulations implement Sections 79035 through 79044, and
79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code,
which Division is the Costa-Machado Water Act of 2000. They establish
a process for funding acquisition of property rights and related activities
for flood protection corridor projects undertaken by the Department of
Water Resources directly or through grants to local public agencies or
nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope.
Within the geographic scope of the CALFED Bay-Delta Program, funds
in the subaccount for this program shall be used for projects that, to the
greatest extent possible, are consistent with the CALFED long-term plan
identified in the Programmatic Record of Decision of August 28, 2000.
NOTI-: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal.
Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106, Item No.
3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No.
3860-101-6003. Reference: Sections 79037, 79043, 79044 and 79044.9, Water
Code
History
1 . New chapter 2.7. 1 (sections 497. 1-497. 12) and section filed 8-1 9-2003; opera-
tive 8-19-2003 pursuant to Government Code section 1 1343.4 (Register 2003,
No. 34).
§ 497.2. Definitions.
The words used in this chapter have meanings set forth as follows:
(a) "A List" means the preferred priority list of projects described in
Section 497.6.
(b) "Applicant" means an entity that is acting as the principal party
making an application for funding under the provisions of the Costa-Ma-
chado Water Act of 2000.
(c) "B List" means the reserve priority list of projects described in Sec-
tion 497.6.
(d) "CEQA" means the California Environmental Quality Act, Public
Resources Code Sections 21000 et seq.
(e) "Department" means the California Department of Water Re-
sources.
(f) "Director" means the Director of the Department of Water Re-
sources.
(g) "FEMA" means the Federal Emergency Management Agency.
(h) "Fully funded" with respect to a grant project means funded to the
full amount of the requested funds or to the funding limit, whichever is
less.
(i) "Grant application form" means the Department's form entitled
"Flood Protection Corridor Program Project Evaluation Criteria and
Competitive Grant Application Form" dated April 9, 2003 and incorpo-
rated herein by this reference.
(j) "Local public agency" means any political subdivision of the State
of CaUfomia, including but not limited to any county, city, city and
county, district, joint powers agency, or council of governments.
(k) "Milestone" means a time when a significant portion of a project
is completed, as defined in the contract as a time for disbursement of
grant funds.
(/) "Nonprofit organization" means an organization that does not oper-
ate for profit and has no official governmental status, including but not
limited to clubs, societies, neighborhood organizations, advisory coun-
cils, conservation organizations and privately run local community con-
servation corps.
(m) "Program" means the Flood Protection Corridor Program estab-
lished by Water Code Division 26, Chapter 5, Article 2.5.
(n) "Property interest" means any right in real property, including
easement, fee title, and any other kind of right acquired by legally binding
means.
(0) "Project" means all planning, engineering, acquisition of real prop-
erty interests, construction and related activities undertaken to imple-
ment a discrete action undertaken under the program pursuant to Water
Code Section 79037.
(p) "Sponsor" means an applicant who has received grant funding
through the application process described in these regulations.
(q) "Subaccount" means the Flood Protection Corridor Subaccount
created by Water Code Section 79035(a).
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Sections 79035, 70937, 79038(a) and 79043, Water Code; and Sections
21000 el seq.. Public Resources Code.
History
I. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 113434 (Register 2003, No. 34).
§ 497.3. Program Management Process.
The Department selects, approves, funds, and monitors projects
funded by grants under the program. The process of manag: ng the pro-
gram includes these steps:
(a) The Department shall appoint and maintain a Project Evaluation
Team composed of Department staff and other consulting governmental
agencies. The Department may request consultation with any appropriate
government agency, including but not limited to the Department of Con-
servation, the Department of Fish and Game, the Department of Food and
Agriculture, the Office of Emergency Services, and the CALFED Bay-
Delta Program.
(b) Local public agencies or nonprofit organizations qualified under
Section 497.4 may apply for program grants for projects at such times as
the Department may designate. Applications for proposed projects shall
be submitted in response to a solicitation issued by the Department. As
long as uncommitted funds remain available to fund new projects, the
Department shall solicit proposals at least once per calendar year. The
time period for submitting applications shall be 90 days from the date no-
tice is given by the Department that project proposals are being solicited.
Notices shall be provided to cities, counties, flood control districts, recla-
mation districts, and other local government entities that manage flood
plains and flood control projects. The Department will also provide no-
tice to nonprofit organizations with interest in flood management issues,
and shall send nofice to all individuals and organizations that have re-
quested notice of the opportunity to submit applications. Notices may be
given by mail, electronic mail, website posting, or any other method that
provides easy access and prompt availability. Projects shall meet the re-
quirements of Section 497.5. Applications shall meet the requirements
of Section 497.7.
(c) The Project EvaluaUon Team shall review each application and
evaluate the subject project within 60 days of the close of the specified
submittal period, or within 60 days of receipt of requested additional in-
formation, whichever is later.
(d) The Project Evaluation Team shall notify the Department to re-
quest the applicant to provide additional information within 30 days of
the Department' s request if:
(1) The project appears potentially eligible but is missing information
needed to evaluate the merits of the project, or
(2) Additional information is needed to evaluate the merits of the proj-
ect in comparison to others received.
(e) If the requested additional information cannot be provided in 30
days, the applicant may refile its application with the additional informa-
tion at the Department's next solicitation of proposals.
(f) When a proposal that meets minimum qualifications is complete
and all requested additional information has been supplied, the Project
Evaluafion Team shall complete the evaluation of the project including
recommending its place on a priority list as described in Section 497.6.
(g) After each solicitation of proposals, Department staff, using the
evaluations and recommended priorities of the Project Evaluation Team,
shall recommend projects, priority, and amounts per project to be funded
and submit the recommendations to the Director for approval of the prior-
ity lists. Department staff may recommend:
Page 38.14
Register 2003, No. 34; 8-22-2003
Title 23
Department of Water Resources
§ 497.5
•
( 1 ) Allocating any portion of the available funds to projects managed
and funded directly by the Department.
(2) Allocating any or all of the remaining available funds to grants for
projects on the A List, until all A List projects are fully funded.
(3) Allocating the remaining available funds to grants for projects on
the B List, provided all A List projects are fully funded.
(4) Allocating partial funding to one or more of the projects on the
priority list currently being funded.
(h) Department staff will apply a maximum funding guideline of
$5,000,000 per project in its recommendations to the Director, although
the staff may recommend funding above the guideline and the Director
may increase the amounts for individual projects if necessary to achieve
the goals of the program.
(i) The Director will determine the final content and priority order of
the lists and the amount of funding for each project. The total funding of
all projects on the Director-approved priority lists may be less than or
more than the funding available.
(j) If the total funding for all projects on the Director-approved prior-
ity lists is less than available funds, staff will wait until the next solicita-
tion of proposals to resubmit unfunded projects or submit new projects
to the Director for listing.
(k) After the establishment of satisfactory Director-approved priority
lists, the Department shall hold public hearings, if required by Section
497.8 or the Department deems advisable, on the projects to be funded.
After consideration of the results of the public hearing, if the unfunded
project first in priority order still meets the requirements of Section
497.5, if program funds remain, and if the applicant desires to pursue the
project. Department staff will recommend the Director award a grant to
the applicant. When the Director approves grant funding for the project,
the applicant becomes the project sponsor.
(/) Prior to expending any funds, the Department and the sponsor shall
enter into a grant contract as specified in Section 497.9.
(m) Grant funds will be disbursed as provided in the contract to reim-
burse costs incurred by the sponsor, but not for the following:
(1) Project activities that could affect the environment, until the spon-
sor complies with all applicable requirements of CEQA and other envi-
ronmental laws, and
(2) Project activities requiring permits, until the permits are obtained.
(3) Property rights for which the public hearing required in Section
497.8 has not been held.
(n) The Department may withhold up to 10 percent of each disburse-
ment, as specified in the contract, to ensure completion of the project.
(o) When the project is completed to the satisfaction of the Department
and the sponsor has provided a completion report as described in Section
497.10 and a maintenance plan as described in Section 497. 11, the De-
partment will notify the sponsor that the project is accepted and will pay
any withheld funds.
(p) The sponsor shall provide for permanent maintenance of the proj-
ect until the Department determines that maintenance is no longer neces-
sary. The Department will monitor and enforce project maintenance as
described in Section 497. 1 1 .
(q) In rare cases, the need for project maintenance may end. The spon-
sor may present evidence in writing that maintenance will no longer be
necessary after a certain date or after certain conditions occur. The De-
partment, at its sole discretion, may determine in advance that mainte-
nance will no longer be necessary after the specified date or after the oc-
currence of the specified conditions.
(r) If the Department determines that maintenance is now no longer
necessary or will no longer be necessary after a certain future date, the
sponsor after such determination or such future date, whichever is appli-
cable, shall return to the State the principal and unused proceeds of any
maintenance trust funds originating from a grant under this program.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Sections 79038(a), 79042, 79044(a) and 79044(b), Water Code; and Califor-
nia Code of Regulations, Title I, Section 15004(b).
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 1 L343.4 (Register 2003, No. 34).
§ 497.4. Qualifications of Applicants; Disbursement of
Program Funds.
(a) An applicant for grant funds for a project may be a local public
agency, a nonprofit organization, or an organization representing more
than one local public agency or nonprofit organization. On approval of
the application and granting of funds, such organization may remain a
sponsor, or may transfer such approval to another eligible organization
to sponsor the project, subject to concurrence from the Department.
(b) The Department may perform projects using program funds, or
may transfer program funds to other State agencies to perform projects
pursuant to an interagency agreement.
(c) The Department may participate with local agencies, nonprofit or-
ganizations, other State agencies, and federal agencies in performing
projects. The Department shall not award grants to participants in such
projects, but shall contribute program funds directly for payment of its
share of the costs.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Section 79037(a), Water Code.
History
I. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 34).
§ 497.5, Eligible Projects and Priorities for Grant Funding.
(a) Grant funding will be available for projects that:
(1) Meet or will meet statutory requirements, as follows:
(A) The California Conservation Corps or community conservation
corps is used when feasible (Water Code Section 79038(b)).
(B) No proposed acquisitions of property interests for the purpose of
protecting or enhancing flood protection corridors while preserving or
enhancing agricultural use are fee interests unless the Department has
considered all practical alternatives (Water Code Section 79039(a)).
(C) All proposed acquisitions of property interests are from willing
sellers (Water Code Section 79040).
(D) If the project includes acquisitions of property interests, it also in-
cludes a plan to minimize the impact on adjacent landowners (Water
Code Section 79041).
(E) If the project includes acquisitions of property interests, a public
hearing has been held or will be held before acquiring the property inter-
est (Water Code Section 79042).
(F) The applicant certifies that it can maintain the project, using a trust
fund established with grant funds if necessary (Water Code Section
79044).
(2) Are designed to do one or more of the following (Water Code Sec-
tion 79037(b)):
(A) Acquire property interests to protect or enhance a flood protection
corridor or floodplain while preserving or enhancing agricultural use.
(B) Set back existing levees and strengthen or modify related levees.
(C) Acquire property interests in a floodplain that cannot reasonably
be protected from floods.
(D) Acquire property interests to protect or enhance a flood protection
corridor while preserving or enhancing wildlife value.
(3) Are located at least partially in one or more of the following:
(A) A FEMA Special Flood Hazard Area.
(B) An area that would be inundated if the project were completed and
an adjacent FEMA Special Flood Hazard Area were inundated.
(C) A floodway designated by The Reclamation Board under Water
Code Section 8402(f).
(D) An area below the elevation of the 100-year recurring flood,
shown on a locally adopted base flood elevation map based on a hydro-
logic and hydraulic analysis prepared by a civil engineer registered pur-
suant to California law or a Professional Hydrologist-Surface Water cer-
tified by the American Institute of Hydrology.
Page 38.15
Register 2003, No. 34; 8-22-2003
§ 497.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(E) An area demonstrated to the satisfaction of the Department of Wa-
ter Resources to be hydrologically equivalent to one of those described
in Subparagraphs (A), (B), or (D).
(b) Highest priority under the program will be given to projects that
meet the requirements of Subsection (a), that the Department has given
high priority for purposes of flood protection, and that:
(1) The Department of Conservation has given high priority for pur-
poses of preserving agricultural land under the California Farmland Con-
servancy Program, or
(2) The Department of Fish and Game has given high priority for pur-
poses of wildlife habitat protection or restoration.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Sections 8402(f), 79037(b), 79038(b), 79039(a), 79040, 79041, 79042,
79044(a) and 79044(b), Water Code.
History
1 . New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 34).
§ 497.6. Priority Lists and Criteria for Setting Project
Priority.
(a) The Department shall establish two priority lists of projects after
each solicitation of proposals. The preferred list (A List) will contain
those projects qualifying for highest priority in Section 497.5(b), and the
reserve list (B List) all other projects qualified under Section 497.5(a).
Within those lists, the Department will prioritize projects on a project val-
ue derived from a numeric evaluation of applications as set forth in the
grant application form.
(b) To assist in evaluating individual project applications, the Depart-
ment may consult with the applicant, interested stakeholders, local agen-
cies. State agencies or federal agencies with an interest in or jurisdiction
over any of the items listed in Subsection (c).
(c) In establishing the project value, the Department will consider the
criteria in Sections IV, V and VI of the grant application form, giving
approximately equal weight to each section.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Section 79038(a), Water Code.
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 34).
§ 497.7. Application for Grant Funding.
Applicants for grant funding under the program shall file a complete
grant application with the Department including a grant application
form. The Department shall not revise the grant application form during
any period in which project proposals are being solicited. A complete ap-
plication shall contain the completed grant application form and at least
the following information:
(a) A description of the proposed project including:
( 1) A statement of the problem being addressed.
(2) A discussion of the ways that the project addresses the problem and
satisfies the purposes described in Section 497.5(a)(2).
(3) A description of the project approach.
(4) A discussion of the expected outcome and benefits of the project.
(5) A description of the geographic boundaries of the project.
(6) Verification that the project is located at least partially in one of the
qualifying areas listed in Section 497.5(a)(3).
(7) A description and justification of any proposed use of program
funds for flood control system or water system repairs performed as part
of an easement program or a project developed or financed under the pro-
gram (Water Code Section 79043).
(8) A demonstration that the project is technically feasible.
(9) A hydrologic and hydraulic analysis prepared by a civil engineer
registered pursuant to California law or a Professional Hydrologist-Sur-
face Water certified by the American Institute of Hydrology.
(10) A complete initial study environmental checklist as required by
Section 15063(f), Title 14, California Code of Regulations, and if avail-
able, a completed Environmental Impact Report or other environmental
documentation as required by CEQA.
(1 1) A list of required permits for the project and an implementation
plan for their procurement.
(b) Maps and drawings as necessary to describe the project, including:
(1) A vicinity map.
(2) A map indicating location of project features and boundaries of af-
fected property.
(3) Drawings or sketches of project features as necessary to describe
them.
(c) A financial summary including:
( 1 ) The estimated cost of the project broken down by task.
(2) The estimated flood control benefits of the project.
(3) The amount of the grant requested.
(4) The estimated amount to be funded by the applicant.
(5) Identification of any other parties contributing to the cost, and the
amounts and activities to be funded by them.
(d) A summary of proposed property acquisition rights including:
(1) Identification of each property.
(2) Names, addresses and telephone numbers of the property owners
and lessees or tenants.
(3) The type of property rights to be acquired (such as easement or fee
tifle).
(4) Evidence that affected landowners are willing participants in any
proposed real property transactions.
(5) A justification of any proposed acquisition of fee interest in proper-
ty to protect or enhance a flood protection corridor or floodplain while
preserving or enhancing agricultural use (Water Code Section
79037(b)(1)) which includes:
(A) Reason for the fee tifle acquisition.
(B) Alternatives considered to fee tifle acquisiflon for each property.
(C) Proposed final disposition of the property.
(D) Effect on county property tax revenue.
(e) A tentaUve work plan for the project including:
(1) A timetable for execution of the project.
(2) A task breakdown for the project.
(3) A description of how services of the California Conservation
Corps, or local community conservation corps will be used in the project.
(f) A list of names and addresses of owners of all property interests in
parcels adjacent to those for which acquisition of property rights is pro-
posed.
(g) If property rights are to be acquired for the project, or if a need is
indicated in environmental review documentaflon prepared for the proj-
ect pursuant to CEQA, a plan to minimize the impact of the project on
adjacent property owners, including but not limited to the following (Wa-
ter Code Section 79041):
(1) An evaluation of the impact on floodwaters.
(2) The structural integrity of affected levees.
(3) Diversion facilities.
(4) Current and historic agricultural practices on the project site and
in the vicinity.
(5) Timber extraction operations.
(6) An evaluation with regard to maintenance.
(h) A description of the input and participation that local groups and
affected parties provided in the preparation of the work plan and applica-
tion.
(i) A statement relative to the use of a trust fund for maintenance, or
any proposed alternative, as specified in Water Code Section 79044.
(j) Either or both of the following, depending on applicability:
(1) An analysis of the project benefits to wildlife habitat.
(2) A description of project actions to preserve agricultural land,
(k) A statement of qualifications for the project team.
(/) A written statement by an attorney certifying that the applicant is
authorized to enter into a grant agreement with the State of California.
Note: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Sections 79037(b), 79038(b), 79039(a), 79040, 79041, 79043, 79044(a) and
79044(b), Water Code; Sections 21000 et seq.. Public Resources Code; and
California Code of Regulations, Title 14, Section 15063(f)-
Page 38.16
Register 2003, No. 34; 8-22-2003
Title 23
Department of Water Resources
§497.10
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 34).
§ 497.8. Public Hearings.
Public hearings for projects shall conform to the following:
(a) The Deparlmenl shall hold public hearings for all projects requiring
acquisition of property rights, prior to acquisition of those rights, and
may hold public hearings for other projects as it deems advisable.
(b) Hearings shall be held in the county or one of the counties where
the project is located. If all or a portion of the project is in a municipality,
the hearing shall be held in the municipality or one of the municipalities
where the project is located.
(c) The Department shall give notice of the hearing in accordance with
the following:
( 1 ) Notice shall be given by mail at least 10 days before the hearing to
the Board of Supervisors of the affected county or counties, adjacent
landowners, affected water districts, local municipalities, individuals
and organizations that have requested notice, and other interested parties
as determined by the Department.
(2) Notice of the hearing shall be given to the general public by publi-
cation in at least one newspaper of general circulation in the local com-
munity for at least once a week for two successive weeks.
(3) The notice shall set the time and place of the hearing which shall
be not less than 10 days following the completion of publication. The no-
tice shall state that the purpose of the hearing is to inform and obtain com-
ment from the public on the proposed acquisition of property rights for
the project or projects. The notice may include other specific subjects
pertaining to the project.
(4) Additionally, notice may be circulated by electronic mail, web site
posting or other methods that provide easy access and prompt availabil-
ity.
(d) Any owner of land in or adjacent to the project or other interested
person may offer and the Department shall receive any relevant evidence
or testimony concerning the proposed property acquisitions or other sub-
ject specified in the hearing notice or by the hearing officer.
(e) The Department shall prepare a summary of comments made at the
hearing.
(f) Within 30 working days after the public hearing, the Department
shall make the summary of cominents available.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Section 79042, Water Code.
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 11 343 .4 (Register 2003, No. 34).
§ 497.9. Grant Contract Requirements.
(a) Before the Department will enter into a grant contract, the sponsor
shall develop a work plan satisfactory to the Department. To assist the
sponsor to develop a work plan, the Department may visit the project site
to assess its conditions and needs and may confer with the project spon-
sor, project supporters, and other local officials, agencies, and organiza-
tions with an interest in the project. The Department may convey recom-
mendations and information obtained from these efforts to the sponsor.
The work plan shall reflect the specific schedule and components of the
project. The sponsor may revise the work plan from time to time during
project execution with the approval of the Department.
(b) The project sponsor, and all members of a joint sponsoring orga-
nization, shall provide copies of resolutions from their organizations ac-
cepting the grant and authorizing specific individuals to sign the contract
on behalf of each.
(c) The Department may enter into a contract before the sponsor has
obtained all applicable permits, but may not disburse any funds to be used
for project construction until the sponsor has comphed with all applica-
ble federal. State, and local laws, rules and regulations, and obtained all
required permits.
(d) If a contract is not signed within six months of the dale the grant
is awarded, the grant may be withdrawn.
(e) All contracts shall be signed by the sponsor, and, if the sponsor is
a joint sponsoring organization, all the member organizations. If the
sponsor is a nonprofit organization that is not incorporated, it must desig-
nate a fiscal agent satisfactory to the Department to act on its behalf, and
provide evidence that the fiscal agent agrees to so act.
(f) The contract shall require the sponsor to make a progress report to
the Department, as described in Section 497. 10, as a prerequisite to each
grant disbursement. The Department will monitor progress and may
withhold up to 100 percent of the currently requested grant payment if
progress is not satisfactory.
(g) The contract shall require the sponsor to submit a written comple-
tion report as described in Section 497.10.
(h) The contract shall provide that during planning and construction
the Department may inspect the project at any reasonable time to ensure
it is being carried out in accordance with the work plan, and after comple-
tion to ensure that it is being properly maintained.
(i) The contract shall specify the percentage of each payment, not to
exceed 10 percent, to be withheld to ensure completion of the project.
(j) The contract shall either define project completion milestones, at
which time payment of grant funds will be made for completed work, or
state that payment will be made quarterly in arrears upon receipt of in-
voices.
(k) The contract shall require the sponsor to prepare a maintenance
plan as described in Section 497.1 1.
(/) The contract shall provide, but not be limited to the following:
(1) The sponsor will assure that the project will be operated, main-
tained, repaired, replaced and rehabilitated until the Department deter-
mines that it is no longer necessary.
(2) The sponsor will perform the maintenance with its own forces, or
will employ another agency or organization satisfactory to the Depart-
ment.
(3) The sponsor will control encroachments on the project facilities
and properties, whether unauthorized or permitted, and will not permit
any encroachments that will adversely affect the function or maintenance
of the project facilities and properties.
(4) The Department shall have access at all times to monitor the effec-
tiveness of maintenance of the completed facilities and the properties for
which interests were purchased.
(5) If the Department deems maintenance measures, repairs, replace-
ments or rehabilitation necessary, and the sponsor does not, in the opin-
ion of the Department, provide these services promptly, the Department
may upon 30 days' written notice enter upon the property and perform
the required work, and bill the sponsor and the sponsor will pay the cost
of any work so performed.
(6) The sponsor will hold and save the State free and harmless from
any and all claims or damages arising out of or in connection with the
planning, design, construction, operation, maintenance, repair, replace-
ment, or rehabilitation of the project facilities and properties.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Section 79044(a), Water Code.
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 11 343 .4 (Register 2003, No. 34).
§497.10. Progress Reports.
(a) The sponsor shall submit project progress reports to the Depart-
ment that include the following:
(1) Records of expenditures.
(2) Description of project activities since the previous report.
(3) Status of the project relative to the progress schedule.
(4) Key issues that must be resolved.
(5) Results of project monitoring.
(b) The first progress report shall be made three months after contract
award or upon submittal of the first invoice, whichever comes first.
Page 38.17
Register 2007, No. 21; 5-25-2007
§ 497.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(c) Intermediate progress reports shall be made quarterly or upon
reaching a milestone, whichever the contract requires.
(d) The sponsor shall submit a completion report that shall constitute
the final progress report and must include:
(1 ) All items required in Subsections (a)(1) through (a)(3).
(2) Photographs of the before-project condition.
(3) Photographs of planning and restoration activities and techniques.
(4) Photographs of the completed condition.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9. Water Code. Refer-
ence: Sections 79037 and 79043, Water Code.
History
1. New section filed 8-19-2003: operative 8-19-2003 pursuant to Government
Code section 11 343.4 (Register 2003, No. 34).
§ 497.1 1 . Maintenance Plan.
The sponsor shall provide a maintenance plan satisfactory to the De-
partment that shall include;
(a) A description of the facilities and properties to be maintained.
(b) The name of the maintaining agency.
(c) A description of periodic maintenance activities that will be per-
formed, and the frequency and timing of performance.
(d) A statement about the source of funds for the maintenance. If a trust
fund is established for maintenance under the provisions of Water Code
Section 79044, the statement shall include information about the ex-
pected sufficiency of the trust fund proceeds and the need for and source
of additional funding.
(e) A certification under penalty of perjury that the sponsor can pay for
maintenance of the land to be acquired and the project facilities from
funds available to the sponsor, including any trust fund proceeds.
(f) A provision requiring the sponsor to provide annual pictorial re-
ports to the Department each year between July 1 and July 15, describing
the maintenance activities performed during the year and any mainte-
nance problems that currently exist.
(g) A provision that the sponsor assures that the maintenance measures
or repairs that the Department deems necessary will be promptly taken
or made.
NOTE; Authority cited: Sections 8300, 12580 and 79044.9. Water Code. Refer-
ence: Sections 79044(a) and 79044(b), Water Code.
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 11 343.4 (Register 2003, No. 34).
§ 497.12. Audits and Record Keeping.
(a) All sponsor records and documents pertaining to the grant shall be
maintained by the sponsor until three years after the final payment of
grant funds is made.
(b) All sponsor records and documents pertinent to the grant shall be
available for inspection and audit by the Department or the State Auditor
during normal business hours.
(c) The Department or the State Auditor may audit the records of the
project at any time within three years after final payment of grant funds.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Sections 79037 and 79044(a), Water Code.
History
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 11 343 .4 (Register 2003, No. 34).
Chapter 2.5.2. Yuba Feather Flood
Protection Program of the Safe Drinking
Water, Clean Water, Watershed Protection,
and Flood Protection Act
§ 499.1 . Scope.
(a) These regulations implement Article 8 of Chapter 5 of Division 26
of the Water Code, which is the Yuba Feather Flood Protection Program
of the Safe Drinking Water, Clean Water, Watershed Protection, and
Flood Protection Act of 2000, approved by voters March 7, 2000. They
establish a process for funding feasibility studies, designs, and imple-
mentation of flood protection projects that may be performed by local
public entities under the Yuba Feather Flood Protection Program.
(b) Administrative costs of not more than 5 percent of the total amount
deposited in the subaccount for this program as set forth in Water Code
Section 79068. 1 8 shall be allocated to the Department of Finance for the
purpose of issuing bonds and auditing the program.
(c) Department of Water Resources costs for administering this pro-
gram shall also be funded by the subaccount, but are not included in the
amount set forth in Water Code Section 79068. 1 8.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 79068.6 and 79068.18, Water Code; and 2000 Cal. Stat. Ch.
52, Item No. 3860-101-6010.
History
1. New chapter 2.5.2 (sections 499.1-499.8) and section filed 9-26-2000 as an
emergency; operative 9-26-2000 (Register 2000, No. 39). A Certificate of
Compliance must be transmitted toOAL by 1-24-2001 oremergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of subsection (a) and amendment of Note filed 2-25-2003: opera-
tive 2-25-2003 pursuant to Government Code section 1 1343.4 (Register 2003,
No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-18-2005 oremergency language will be repealed by operafion of law on the
following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend-
ment by operafion of Government Code secfion 1 1346.1(0 (Register 2006, No.
7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1 ). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.2. Definitions.
The words used in these regulations have the meanings set forth as fol-
lows:
(a) "Applicant" means a local public entity which has legal authority
and jurisdiction to implement flood control programs in the area of con-
sideration and files an application for funding under the provisions of the
Bond Law and these regulations.
(b) "Bond Law" means the Yuba Feather Flood Protection Program of
the Safe Drinking Water, Clean Water, Watershed Protection, and Flood
Protection Act, as set forth in Article 8 of Chapter 5 of Division 26 of the
Water Code (commencing with Section 79068).
(c) "Department" means the California Department of Water Re-
sources.
(d) "CEQA" means the California Environmental Quality Act.
(e) "CPM diagram" means a Critical Path Method diagram, which is
a schedule that is derived by calculating the total duration of a project
based on individual task durations and their interdependencies. A CPM
diagram is usually depicted in a bar graph format, graphically showing
the task durations and interdependencies.
(f) "Design" means all activities following a feasibility study leading
to physical definition of the project in sufficient detail to facilitate project
implementation.
(g) "Economic feasibility" is determined by calculating the ratio of
economic benefits to economic costs for a given alternative. A project is
"economically feasible" when this ratio is greater than or equal to one.
(h) "Feasibility study" means an investigation resulting in a report that
provides the information for design and implementation of a project, and
demonstrates whether the described approach is economically and tech-
nically feasible and appropriate for implementation.
(i) "Implementation" means those actions taken to put a designed proj-
ect into effect, including both the construction of project works and car-
rying out a program for flood damage reduction that does not require
construction.
(j) "Local public entity" means any political subdivision of the State
of California, including, but not limited to, any county, city, city and
Page 38.18
Register 2007, No. 21; 5-25-2007
Title 23
Department of Water Resources
§ 499.4
county, district, joint powers agency, or council of governments within
the area of consideration.
(k) "Recipient" means an applicant who has received grant funding
through the feasibility study, design, or implementation funding applica-
tion process.
(/) "Tributaries" means those watercourses that currently flow to the
Yuba River, the Feather River or the Colusa Drain.
(m) "Unit", unless context indicates otherwise, means all or a desig-
nated portion of a flood protection project that constitutes either:
( 1 ) "Design unit": the whole or a portion of a plan selected in a feasibil-
ity study, designated for design, or
(2) "Implementation unit": the whole or a portion of a design or aggre-
gate of designs, designated for implementation.
NOTE; Authority cited: Sections 8300. 12580, 12609 and 79068.20, Water Code.
Reference: Sections 79068.6, 79068.8, 79068.10 and 79068.14, Water Code.
History
1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec-
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No.
10).
3. Amendment of section and NoTK filed 2-25-2003; operative 2-25-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0- 1 8-2005 or emergency language will be repealed by operation of law on the
following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend-
ment by operation of Government Code section 1 1346.1(0 (Register 2006, No.
7).
6. Amendment filed 1-5-2007 as an emergency; operadve 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.3. Area of Consideration.
Only applicants with flood control jurisdiction in the following areas
will be considered eligible for feasibility study, design, or implementa-
tion funding:
(a) Yuba and Feather Rivers and their tributaries; and/or
(b) The Colusa Drain and its tributaries; and/or
(c) Sutter County, for the purposes of implementing Water Code Sec-
tion 79068.12.
Note: Authority cited: Secdons 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Secdons 79068.6 and 79068.10(g) and (i) and 79068.12, Water Code.
History
1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Cerdficate of Compliance as to 9-26-2000 order transmitted to OAL
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of first paragraph and Note filed 2-25-2003; operative
2-25-2003 pursuant to Government Code secdon 1 1343.4 (Register 2003, No.
9).
4. Amendment of secdon heading and secdon filed 6-20-2005 as an emergency;
operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance
must be transmitted to OAL by 10-18-2005 or emergency language will be re-
pealed by operation of law on the following day.
5. Reinstatement of section heading and section as they existed prior to 6-20-2005
emergency amendment by operadon of Government Code section 11346.1(f)
(Register 2006, No. 7).
6. Amendment of secdon heading and section filed 1-5-2007 as an emergency;
operadve 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must
be transmitted to OAL by 5-7-2007 or emergency language will be repealed by
operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.4. Feasibility Studies.
(a) The Department shall administer a grant program to fund feasibil-
ity studies consistent with the Bond Law and these regulations. Feasibil-
ity studies funded under this Chapter shall determine the engineering, hy-
drogeologic, environmental, economic and financial feasibility of a
flood protection project proposed for implementation. The proposed
project must be consistent with Water Code Section 79068.6.
(b) Feasibility study results will provide the information needed to de-
velop a design and/or implementation funding application. This informa-
tion includes, but is not limited to:
(1) A description of the selected plan and alternatives considered, in-
cluding illustrations and maps showing project features as appropriate to
the type of project, signed by an engineer registered pursuant to Califor-
nia law.
(2) Information demonstrating the engineering feasibility of the proj-
ect.
(3) Information regarding the economic feasibility of the alternatives
considered, including a detailed discussion of the types of benefits
derived and their associated costs.
(4) A discussion of the least cost alternative compared to the proposed
project. The least cost alternative should produce similar results and must
also be economically, technically, financially and environmentally feasi-
ble.
(5) Information regarding the physical and financial need for the proj-
ect.
(6) A schedule for project completion in a bar graph format.
(7) An estimated total cost of the project showing details of project
costs.
(8) Information that demonstrates how recipients would comply with
all local, state, and federal requirements, including but not hmited to: the
regulatory requirements of the Federal Energy Regulatory Commission,
the U.S. Army Corps of Engineers and others; CEQA; state and federal
Endangered Species Acts; and the federal Clean Water Act. Recipients
must comply with CEQA and the California Endangered Species Act be-
fore implementation funding can be secured.
(9) A list of all permits which will be required for project implementa-
tion, with a plan and schedule for obtaining those permits and disclosure
of any anticipated problems.
(10) A statement listing all relevant local land use plans or general
plans, and describing the proposed project's consistency with those
plans.
(11) The amount of state funding identified for implementation, the
sources and amounts of other funds to be applied toward the project, and
other information regarding the financial feasibility of project imple-
mentation.
(12) A disclosure of all known public support and opposition to the
project at the time of applicaUon. This includes comments received dur-
ing the public review process from all interested individuals in the area
impacted by the project.
(c) Studies to be funded may be conducted by a single local public enti-
ty or a local public entity jointly with other federal or state agencies or
local public entities.
(d) The Department may reimburse up to 100 percent of eligible study
costs.
(e) The Department may require the recipient to submit an "Alterna-
tives Report" early in the process of preparing the feasibility study. This
report shall describe all potential structural and nonstructural alternatives
of a proposed project, discuss criteria for screening potential alternative
projects and describe how the screening criteria are to be applied. The re-
port shall contain discussions of interim coordination and outreach pro-
grams. For those alternatives being carried forward for more detailed
evaluation, the report shall discuss the economic and technical feasibility
and the environmental benefits of each alternative as well as potential ad-
verse environmental impacts.
(f) Feasibility studies shall incorporate multi-objecdve watershed per-
spectives. As a guideline for an acceptable approach, the recipient should
Page 38.19
Register 2007, No. 21; 5-25-2007
§ 499.4.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
consider the analytical methods described in Economic and Environmen-
tal Principles and Guidelines/or Water and Related Land Resources Im-
plementation Studies, promulgated by the United States Water Resource
Council, 1983 (U.S. Government Printing Office, Washington D.C.
March 10, 1983). Copies of this document are available through the De-
partment.
(g) Funding of a feasibility study under this chapter does not obligate
the Department to fund design or implementation of a proposed project.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 8300, 12580, 79068.6 and 79068.10, Water Code.
History
1. New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec-
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No.
10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur-
suant to Government Code section 11 343 .4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0-1 8-2005 or emergency language will be repealed by operation of law on the
following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend-
ment by operation of Government Code section 1 1 346. 1 (f) (Register 2006, No.
7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
7 . Certificate of Compliance as to 1 -5-2007 order transmitted to OAL 4-1 0-2007
and filed 5-21-2007 (Register 2007, No. 21).
§499.4.1. Designs.
(a) The Department shall administer a grant program to fund designs
for projects consistent with the Bond Law and these regulations. Designs
funded under this Chapter shall use information from a feasibility study
accepted by the Department to develop a set of plans and specifications
that could be used to advertise for construction and/or to develop an im-
plementation package for non-constructed features of a project. The re-
cipient may subdivide an accepted feasibility study into more than one
unit for design but the aggregate of all design units shall conform to and
include all of the plan selected in the accepted feasibility study, as
amended by any changes subsequently accepted in writing by the Depart-
ment.
(b) Designs will provide the information needed to begin project im-
plementation. This information includes, but is not limited to:
(1) For constructed works:
(A) Drawings showing project features, with enough specificity and
completeness so that a general contractor could understand the intent of
and bid on the project. All drawings shall be signed by an engineer regis-
tered pursuant to California law.
(B) Project specifications complementing the drawings and providing
the written description of project needs. All specifications shall be certi-
fied by an engineer registered pursuant to California law.
(C) A detailed cost estimate showing the total project costs by line
item, and including labor and material costs. The estimate shall be certi-
fied by an engineer registered pursuant to California law.
(D) A design analysis or report showing the engineering calculations
that were used to determine the size and types of materials used in the de-
sign.
(2) For programs not requiring construction;
(A) A full description of all actions to be taken to implement the pro-
gram, including drawings, charts or diagrams where appropriate, with
enough specificity and completeness so that a person or agency knowl-
edgeable in the appropriate field could understand and carry out the pro-
gram.
(B) A full description of the results expected from actions taken.
(C) A detailed cost estimate, broken down into individual tasks or sub-
tasks to the satisfaction of the Department.
(D) A design analysis or report describing how each action was deter-
mined and substantiating its expected effectiveness.
(3) For projects that include mitigation or enhancement measures
funded by the Department of Fish and Game under Water Code Section
79068.14:
(A) Identification of items considered mitigation or enhancement,
separate from the remainder of the project and from each other, and esti-
mates of their implementation costs.
(B) Evidence that, for lands acquired solely for mitigation or enhance-
ment purposes, any required property rights could be acquired from will-
ing sellers.
(4) For all projects, a schedule for project implementation showing the
time in calendar days required to complete the project as determined by
use of a CPM diagram.
(c) Designers shall follow all apphcable federal, state, local and indus-
try standards. For projects which will, if implemented, fall under the ju-
risdiction of The Reclamation Board, applicable state standards include
the Reclamation Board standards, as found in Title 23, Division 1 , Chap-
ter 1 , Article 8, of the California Code of Regulations.
(d) The recipient shall provide to the Department an information copy
of the design criteria, standards or guidelines used by its designer. This
information will be provided before the final design is submitted to the
Department for review.
(e) Designs to be funded may be conducted by a single local public en-
tity or a local public entity jointly with other federal or state agencies or
local public entities.
(f) The Department may reimburse up to 100 percent of eligible design
costs.
(g) Funding of a design under this Chapter does not obligate the De-
partment to fund the implementation of a proposed project.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20. Water Code.
Reference: Sections 8300, 12580, 79068, 79068.6, 79068.10 and 79086. 14, Water
Code.
History
1. New secfion filed 2-25-2003; operative 2-25-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 9).
2. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0- 1 8-2005 or emergency language will be repealed by operation of law on the
following day.
3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen-
cy amendment by operation of Government Code section 11346.1 (f) (Register
2006, No. 7).
4. Amendment of section and Note filed 1-5-2007 as an emergency; operative
1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be trans-
mitted to OAL by 5-7-2007 or emergency language will be repealed by opera-
tion of law on the following day.
5 . Certificate of Compliance as to 1 -5-2007 order transmitted to OAL 4- 1 0-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.4.1 .1 . Early Allocation of Implementation Funds.
A design grant recipient may apply for early allocation of the State
share of implementation funds for an implementation unit.
(a) Early allocation of implementation funds may be made on the basis
of a written statement that contains the following:
(1) Description of the unit for which early allocation is requested.
(2) Description of the progress of the design in detail.
(3) Demonstration that design of the unit is 65% complete based on to-
tal funds expended and current estimates of design cost, including con-
tributions and items to be funded by entities other than the Department.
(b) Funds will be available to reimburse eligible implementation costs
only after the Department and the applicant have entered into an imple-
mentation grant contract as provided in Section 499.7 of these regula-
tions.
NOTE: Authority cited: Secfions 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 8300, 12580 and 79068.6, Water Code.
Page 38.20
Register 2007, No. 21; 5-25-2007
Title 23
Department of Water Resources
§ 499.5
History
1 . New section filed 6-20-2005 as an emergency; operati\ e 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-1 8-2005 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2006,
No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 1-5-2007 order, including amendment of sub-
sections (aHa)(3), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Reg-
ister 2007, No. 21).
§ 499,4.1 .2. Advance Preparation for Right of Way
Acquisition.
A design grant recipient may use design grant funds to perform work
in preparation for acquisition of right of way and other real property
rights.
(a) Design grant funds may be used to pay staff salaries, staff expenses,
and equipment and materials costs for performing work leading to ac-
quisition of property rights.
(b) Design grant funds may not be used to fund payments to holders
of the rights to be acquired.
(c) The recipient will account for all property rights acquisition ex-
penses as an item in the design task breakdown.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 8300, 12580, 79068.6 and 79086.14, Water Code.
History
L New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-18-2005 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 2006,
No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.4.2. Implementation.
(a) The Department shall administer a grant program to fund imple-
mentation of projects consistent with the Bond Law and these regula-
tions. Implementation of projects funded under this Chapter shall use in-
formation from one or more designs accepted by the Department to put
the project into effect. For the purposes of this section, the design or ag-
gregate of designs is identified as "the accepted design".
(1) Before implementation of the accepted design, the recipient may
subdivide it into more than one implementation unit.
(2) Whether or not the design is subdivided, the recipient shall provide
a written statement to the Department that shall:
(A) Describe each unit and its estimated costs.
(B) Substantiate that the unit, or a group of units that includes the unit,
is economically feasible.
(C) Identify or provide a financing plan that includes the identified
economically feasible unit or group.
(D) Declare that the recipient intends to implement all the units of any
such group.
(3) The recipient may implement separately any unit that conforms to
Section 499.4.2(a)(2) of these regulations, provided that either
(A) The unit is economically feasible, or
(B) The Department, in writing, at its sole discretion, waives economic
feasibility for the unit.
(4) Implementation of constructed projects or project elements shall
conform to the drawings, specifications, and design report contained in
the accepted design and to any changes subsequently accepted in writing
by the Department.
(5) Implementation of projects or project elements not requiring
construction shall conform to the description of actions to be taken, in-
cluding drawings, charts and diagrams, contained in the accepted design,
and to any changes subsequentiy accepted in writing by the Department.
(6) Tlie cost estimates in the accepted design and in the statement doc-
umenting selection of the unit, if any, will be used to estabHsh funding.
(A) The initial amount of funding to be granted for implementation
will be based on the unit prices and quantities in the accepted design and
in any statement documenting selection of the unit, information provided
in the implementation grant application about the cost share to be borne
by the applicant, and circumstances of the funding process including
availability of funds.
(B) When a contractor performs the work, funding may be adjusted to
correspond to the contractor's bid prices, at the discretion of the Depart-
ment.
(C) When the recipient performs the work directiy, the unit prices in
the accepted design will apply.
(D) Funding may be further adjusted to correspond to changes subse-
quently accepted by the Department.
(E) All increases in funding pursuant to Sections 499.4.2(a)(6)(B) or
499.4.2(a)(6)(D) of these regulations are subject to the availability of
funds.
(b) Implementation will result in a complete, sustainable and main-
tainable project completed according to the accepted design and ac-
cepted changes. The project will comply with all applicable permits,
standards, laws, and other local. State, and federal requirements. These
include but are not limited to the regulatory requirements of the Federal
Energy Regulatory Commission, the U.S. Army Corps of Engineers, The
Reclamation Board, the State Water Resources Control Board, and other
agencies. Recipients shall also comply with CEQA, State and federal En-
dangered Species Acts, and the federal Clean Water Act.
(c) The initial schedule for implementation shall be derived from the
CPM diagram in the accepted design, updated as to starting date when
such date has been determined. The schedule may be adjusted to reflect
changes acceptable to the Department.
(d) The recipient shall obtain any permits required for any feature of
the work before commencing implementation of that feature.
(e) Projects to be funded may be implemented by a single local public
entity or a local public entity jointiy with other federal or state agencies
or local public entities. Actual implementation may be performed by a
contractor under a contract conforming to the contracting laws of the
State of California.
(f) The Department may reimburse up to 70 percent of eligible imple-
mentation costs, except that eligible costs for implementation of en-
hancements funded by the Department of Fish and Game under Water
Code Section 79068.14 may be reimbursed up to 100 percent.
Note: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 8300, 12580, 79068, 79068.6, 79068.8, 79068.10 and
79068.14, Water Code.
History
1 . New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0-1 8-2005 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2006,
No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Comphance as to 1-5-2007 order, including amendment of sub-
section (a)(2), transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register
2007, No. 21).
§ 499.5. Costs Eligible for Grant Funding or Credit.
(a) Costs that the Department has not approved before the expenditure
through a contract or other written document will not be reimbursed, ex-
cept as provided in Sections 499.5(e)(3), 499.5(f)(2) and 499.5(g)(2) of
these regulations.
Page 38.21
Register 2007, No. 21; 5-25-2007
§ 499.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(b) Costs incurred before March 7, 2000 will not be reimbursed.
(c) Feasibility studies or designs for projects identified in Water Code
Section 79068.6 (a)-(i) are eligible for up to 100 percent grant funding.
(d) Eligible implementation costs, including mitigation funded by the
Department of Fish and Game under Water Code Section 79068.14, are
eligible for reimbursement of up to 70 percent. The remaining 30 percent
is to be paid by the recipient. Eligible implementation costs for enhance-
ment, funded by the Department of Fish and Game under Water Code
Section 79068. 14, are eligible for up to 100 percent reimbursement.
(e) Eligible study costs include only those costs directly related to:
(1 ) Conducting the feasibility studies;
(2) Preparing related documentation in accordance with CEQA; and
(3) Preparing the feasibility study grant application, provided the ap-
plication is approved for grant funding.
(f) Eligible design costs include only those costs directly related to:
(1) Conducting the design in accordance with an accepted feasibility
study and Environmental Impact Report or Negative Declaration pre-
pared in accordance with CEQA; and
(2) Preparing the design grant application, provided the application is
approved for grant funding.
(g) Eligible implementation costs include only those costs directly re-
lated to:
(1 ) Implementing the project, including the costs of mitigation and en-
hancement pursuant to Water Code Section 79068.14, project manage-
ment, and other supplementary costs approved by the Department. Prop-
erty rights purchased solely with funds provided under Water Code
79068. 14 for mitigation or enhancement features must be acquired from
willing sellers; and
(2) Preparing the implementation grant application, provided the ap-
plication is approved for grant funding.
(h) The Bond Law funds may be used for feasibility study, design, or
implementation activities identified in Sections 499.5(e) through (g) of
these regulations only if the recipient demonstrates that it will be able to
ensure the operation and maintenance of the completed project.
(i) Other provisions of these regulations notwithstanding, entities with
flood control jurisdiction within Sutter County are eligible for reimburse-
ment and funding under the provisions of Water Code Section 79068. 12.
Reimbursement and funding shall be accomplished pursuant to letter
agreements between the Department and each local entity. The agree-
ments will provide for payment upon receipt of invoices for costs in-
curred for the local share of Federal and State cost shared projects.
(j) For projects that have been awarded feasibility study, design or im-
plementation grants under this program, costs otherwise eligible but ac-
cruing prior to award of the grant and on or after March 7, 2000 may be
credited as payment of the recipient's share of implementation costs for
the same project.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 12585.5, 79068.6, 79068.8, 79068.10, 79068.12 and
79068.14, Water Code,
History
1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec-
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 200L No.
10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur-
suant to Government Code section 11 343 .4 (Register 2003, No. 9).
4. Amendment of section heading, section and Note filed 6-20-2005 as an emer-
gency; operative 6-20-2005 (Register 2005, No. 25). A Certificate of Com-
pliance must be transmitted to OAL by 10-18-2005 or emergency language
will be repealed by operation of law on the following day.
5. Reinstatement of section heading, section and Note as they existed prior to
6-20-2005 emergency amendment by operation of Government Code section
11346.1(f) (Register 2006, No. 7).
6. Amendment of section heading, section and Note filed 1-5-2007 as an emer-
gency; operative 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance
must be transmitted to OAL by 5-7-2007 or emergency language will be re-
pealed by operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, includine amendment of sub-
section (j), transmitted to OAL 4- 10-2007 and filed 5-21-2007 (Register 2007,
No. 21).
§ 499.6. Feasibility Study Application.
Applicants for feasibility study funding shall file a complete applica-
tion with the Department. A complete application shall contain the fol-
lowing technical information:
(a) A description of the feasibility study, and alternatives with illustra-
tions or maps indicating project features as appropriate to the type of
project, signed by an engineer registered pursuant to California law.
(b) A map indicating the study areas.
(c) A task breakdown for the feasibility study.
(d) A schedule for execution of the feasibility study, showing the time
in calendar days required to complete each task of the study as deter-
mined by use of a CPM diagram.
(e) An estimated total cost for the study, including a breakdown of the
study costs.
(f) The amount of State funding requested, the sources and amounts
of any other funds to be applied toward the study, and other information
regarding the financial feasibility of the proposed project.
(g) Information regarding each of the factors identified in California
Water Code Section 79068.10.
(h) Copies of any studies previously prepared that support an applica-
tion for a feasibility study grant.
(i) Citations of the applicant's statutory enabling laws and authority to
contract with the State, including a brief description of procaiural steps
required by the applicant's enabling laws to contract with the State.
(j) A resolution of the applicant's governing body authorizing a desig-
nated representative to sign and submit the application.
(k) Any additional engineering, technical, financial, economic, envi-
ronmental and legal analyses and justifications required by the Depart-
ment during administration of this program and evaluation of the applica-
tions.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 790684, 79068.6, 79068.8 and 79068.10. Water Code.
History
1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of subsection (d) and Note filed 2-25-2003; operative 2-25-2003
pursuant to Government Code section 11 343.4 (Register 2003, No. 9).
4. Amendment of subsections (a), (d) and (f) filed 6-20-2005 as an emergency;
operative 6-20-2005 (Register 2005, No. 25). A Certificate of Compliance
must be transmitted to OAL by 1 0-1 8-2005 or emergency language will be re-
pealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend-
ment by operafion of Government Code section 11346.1(f) (Register 2006, No.
7).
6. Amendment of subsections (a), (d) and (f) filed 1-5-2007 as an emergency; op-
erauve 1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be
transmitted to OAL by 5-7-2007 or emergency language will be repealed by
operation of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§499.6.1. Design Application.
(a) Applicants for design funding shall file a complete application with
the Department. A complete application shall contain the following tech-
nical information:
( 1 ) A description of the project.
(2) A feasibility study meeting the requirements set forth in Section
499.4 of these regulations accepted in writing by the Department, dem-
onstrating that the project is economically feasible.
(3) Documentation of compliance with CEQA as required in Section
499.6.1(b) of these regulations.
(4) A task breakdown for the design showing all activities expected to
occur during the design process, and including separate tasks for design
of any mitigation or enhancement measures to be implemented under
Water Code Section 79068.14.
Page 38.22
Register 2007, No. 21; 5-25-2007
Title 23
Department of Water Resources
§ 499.6.3
(5) A schedule for execution of the design, showing the time in calen-
dar days required to complete each task of the design as determined by
use of a CPM diagram.
(6) An estimated total cost for the design, including a detailed break-
down of design costs by task within each project feature.
(7) The amount of State funding requested and the sources and
amounts of any other funds to be applied toward the design.
(8) Citations of the applicant's statutory enabling laws and authority
to contract with the State, including a brief description of procedural
steps required by the applicant's enabling laws to contract with the State.
(9) A resolution of the applicant' s governing body authorizing a desig-
nated representative to sign and submit the application.
(10) Any additional engineering, technical, financial, economic, envi-
ronmental and legal analyses and justifications required by the Depart-
ment during administration of this program and evaluation of the applica-
tions.
(b) If an Environmental Impact Report or Negative Declaration is re-
quired for the project, a copy of that document must be included with the
application for design funding. If the final document has not been
adopted by the lead agency at the time the application is submitted, a copy
of the public draft may be submitted and the final document substituted
for it as soon as it is available. A final document adopted by the lead
agency, together with a Notice of Determination, must be submitted
within six months after filing the application and within three months af-
ter entering into an ensuing design contract.
(c) If CEQA compliance has not been completed at the time an applica-
tion for design funding is filed, the task breakdown submitted with the
application shall include all activities necessary to comply with Section
499.6. 1 (b) of these regulations.
(d) If CEQA compliance has not been completed prior to entering into
a design contract, the task breakdown in the contract shall include all acti-
vities necessary to comply with Section 499.6.1(b) of these regulations.
(e) Notwithstanding their performance during design, all activities
necessary to comply with Section 499.6. 1 (b) of these regulations and eli-
gible for grant funding may be reimbursed only with feasibility study
grant funds as provided in Section 499.5(e) of these regulations.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 79068.4, 79068.6, 79068.8, 79068.10 and 79068.14, Water
Code.
History
1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 9).
2. Amendment of section, including renumbering and amendment of former sec-
tion 499.6. 2(a)-(c) as section 499.6. l(b)-(d) and amendment of Note, filed
6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A
Certificate of Compliance must be transmitted to O AL by 1 0- 1 8-2005 or emer-
gency language will be repealed by operation of law on the following day.
3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen-
cy amendment by operation of Government Code section 1 1346.1(f) (Register
2006, No. 7).
4. Amendment of section, including renumbering and amendment of former sec-
tion 499.6. 2(a)-(c) as section 499.6. l(b)-(d) and amendment of Note, filed
1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1 ). A Cer-
tificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency
language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.6.2. Environmental Compliance.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 79068.4, 79068.6, 79068.8 and 79068.10, Water Code.
History
1. New section filed 2-25-2003; operative 2-25-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 9).
2. Renumbering of former section 499.6.2(a)-(c) as section 499.6. l(b)-(d) filed
6-20-2005 as an emergency; operative 6-20-2005 (Register 2005, No. 25). A
Certificate of Compliance must be transmitted to OAL by 1 0- 1 8-2005 or emer-
gency language will be repealed by operation of law on the following day.
3. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen-
cy amendment by operation of Government Code section 1 1 346. 1 (f) (Register
2006, No. 7).
4. Renumbering of former section 499.6. 2(a)-(c) as section 499.6.1 (bHd) filed
1-5-2007 as an emergency; operative 1-5-2007 (Register 2007, No. 1 ). A Cer-
tificate of Compliance must be transmitted to OAL by 5-7-2007 or emergency
language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4- 10-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.6.3. Implementation Application.
Applicants for implementation funding shall file a complete applica-
tion with the Department. A complete application shall contain the fol-
lowing technical information. Any item previously submitted to the De-
partment in conjunction with the project design, and which is completely
in accord with the current application, may be applied toward fulfillment
of these requirements:
(a) A description of the project.
(b) Documents produced by a design accepted in writing by the De-
partment, meeting the requirements set forth in Section 499.4. 1 of these
regulations, and providing sufficient information to begin project imple-
mentation.
(1) For constructed projects or project features, required documenta-
tion includes drawings, specifications, cost estimate, and design report.
(2) For projects or project features not requiring construction, required
documentation includes description of actions to be taken with appropri-
ate drawings, charts or diagrams, description of the results expected, cost
estimate, and design report.
(3) For projects that include mitigation or enhancement measures
funded by the Department of Fish and Game under Water Code Section
79068.14:
(A) Identification of items considered mitigation and enhancement,
separate from the remainder of the project and from each other, and esti-
mates of their implementation costs.
(B) Evidence that, for lands acquired solely for mitigation or enhance-
ment purposes, any required property rights could be acquired from will-
ing sellers.
(c) A copy of the final Environmental Impact Report or Negative Dec-
laration, adopted by the lead agency, together with a Notice of Deter-
mination.
(d) Documentation demonstrating that the project is in compliance
with the California Endangered Species Act.
(e) A task breakdown for implementation showing all activities ex-
pected to occur during the implementation process.
(0 A schedule for execution of project implementation, showing the
time in calendar days required to complete each task of the project imple-
mentation as determined by use of a CPM diagram.
(g) An estimate of the costs of project management and other supple-
mentary costs not included in the design documentation.
(h) The amount of State funding requested, schedule of expenditures,
and the sources and amounts of any other funds to be applied toward the
implementation.
(i) Citations of the applicant's statutory enabling laws, authority to im-
plement the project, and authority to contract with the State, including a
brief description of procedural steps required by the applicant's enabling
laws to contract with the State.
(j) A resolution of the applicant's governing body authorizing a desig-
nated representative to sign and submit the application.
(k) Any additional engineering, technical, financial, economic, envi-
ronmental and legal analyses and justifications required by the Depart-
ment during administration of this program and evaluation of the applica-
tions.
NOTE: Authority cited: Secfions 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 79068, 79068.6, 79068.8 and 79068.10, Water Code.
History
1. New section filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-18-2005 or emergency language will be repealed by operation of law on the
following day.
2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2006,
No. 7).
3. New section filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL b)
Page 38.23
Register 2007, No. 21; 5-25-2007
§ 499.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 1-5-2007 order transmitted to OAL 4-1 0-2007
and filed 5-21-2007 (Register 2007, No. 21).
§ 499.7. Application and Funding Process.
(a) Applications for grant funding for feasibility studies received by
November 1 5 will be eligible for funding in the following fiscal year, and
will be processed on a first-come first-served basis. Applications re-
ceived after November 15 will be eligible for funding in the next fiscal
year after the following fiscal year. Award of feasibility study contracts
will be subject to availability of funds.
(b) Applications for grant funding for design or implementation may
be submitted at any time during the year. Applications will be processed
on a first-come first-served basis. Award of design or implementation
contracts will be subject to availability of funds.
(c) The Department shall acknowledge receipt of a complete applica-
tion in writing within 30 days of receipt.
(d) If the appHcation is not complete, the Department shall send the ap-
plicant a letter within 30 days of receipt requesting the additional in-
formation.
(e) The applicant may resubmit the application as soon as the addition-
al information is obtained.
(f) Prior to expending any funds, the Department and the applicant
shall enter into a grant contract.
( 1 ) All feasibility study contracts shall include a detailed workplan and
CPM diagram, agreed to by the Department, which plan shall be attached
to and become a part of the contract.
(2) All design contracts shall include a task breakdown for the design
and CPM diagram, agreed to by the Department, showing all activities
expected to occur during the design process, which shall be attached to
and become a part of the contract.
(3) All implementation contracts shall include:
(A) A task breakdown and CPM diagram, agreed to by the Depart-
ment, showing all activities expected to occur during project imple-
mentation.
(B) A cost-sharing formula that provides that the recipient pays at
least that portion of the eligible implementation costs of the project re-
quired by Section 499.5(d) of these regulations.
(C) A requirement that the recipient assures operation and mainte-
nance of the completed project and any associated environmental mitiga-
tion and/or enhancement measures.
(D) A requirement that the recipient indemnifies and holds the State,
its agencies, officers and employees free and harmless from any and all
liability arising out of the design, implementation, operation and mainte-
nance of the project.
(E) Any other requirements deemed necessary by the Department in-
cluding increased requirements with regard to indemnification.
(4) If a contract is not signed within six months of the date the applica-
tion is approved, the grant may be withdrawn or the application revised.
(5) Grant funds shall be paid on a reimbursable basis at least quarterly
but no more often than monthly at the Department's discretion, subse-
quent to submittal and approval of study, design, or implementation cost
invoices.
(6) If the applicant fails to meet the requirements of Section 499.6. 1 (b)
of these regulations, no further payments will be made pursuant to a de-
sign contract until a final CEQA document has been adopted and a Notice
of Determination has been filed. Payments may be reinstated at the De-
partment's discretion at that time.
NOTE: Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Sections 12585.5, 79068.4, 79068.6, 79068.8 and 79068.10, Water
Code.
History
1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-26-2000 order, including amendment of sec-
tion, transmitted to OAL 1-24-2001 and filed 3-6-2001 (Register 2001, No.
10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 9).
4. Amendment of section and Note: filed 6-20-2005 as an emergency; operative
6-20-2005 (Register 2005, No. 25). A Certificate of Compliance must be trans-
mitted to OAL by 10-1 8-2005 or emergency language will be repealed by op-
eration of law on the following day.
5. Reinstatement of section and Note as they existed prior to 6-20-2005 emergen-
cy amendment by operation of Government Code section 11346. 1(f) (Reaister
2006. No. 7).
6. Amendment of section and Note filed 1-5-2007 as an emergency; operative
1-5-2007 (Register 2007, No. 1). A Certificate of Compliance must be trans-
mitted to OAL by 5-7-2007 or emergency language will be repealed by opera-
tion of law on the following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of sub-
sections (a) and (0(3)(C), transmitted to OAL 4-10-2007'and filed 5-21-2007
(Register 2007, No. 21).
§ 499.8. Recordkeeping.
(a) The recipient shall maintain all records and documents pertaining
to a feasibility study grant for three years after completion of the study.
(b) The recipient shall maintain all records and documents pertaining
to a design grant for three years after completion of the design.
(c) The recipient shall maintain all records and documents pertaining
to an implementation grant for three years after completion of the project.
(d) All grant recipients shall submit a feasibility study, design, or im-
plementation progress report that includes a record of expenditures to the
Department quarterly, commencing three months from the date of grant
award and ending with the acceptance of the completed feasibility study,
design, or implementation.
(e) All recipients' records and documents pertinent to the grant shall
be available for inspection and audit by the Department during normal
business hours.
NOTE; Authority cited: Sections 8300, 12580, 12609 and 79068.20, Water Code.
Reference: Section 8546.7, Government Code; and Sections 79068.4, 79068.6
and 79068.8, Water Code.
History
1 . New section filed 9-26-2000 as an emergency; operative 9-26-2000 (Register
2000, No. 39). A Certificate of Compliance must be transmitted to OAL by
1-24-2001 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-26-2000 order transmitted to OAL
1-24-2001 and filed 3-6-2001 (Register 2001, No. 10).
3. Amendment of section and Note filed 2-25-2003; operative 2-25-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 9).
4. Amendment filed 6-20-2005 as an emergency; operative 6-20-2005 (Register
2005, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0- 1 8-2005 or emergency language will be repealed by operation of law on the
following day.
5. Reinstatement of section as it existed prior to 6-20-2005 emergency amend-
ment by operation of Government Code section 1 1 346. 1 (f) (Register 2006, No.
7).
6. Amendment filed 1-5-2007 as an emergency; operative 1-5-2007 (Register
2007, No. 1). A Certificate of Compliance must be transmitted to OAL by
5-7-2007 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 1-5-2007 order, including amendment of Note,
transmitted to OAL 4-10-2007 and filed 5-21-2007 (Register 2007, No. 21).
Chapter 3. Regulations for Implementation
of the California Environmental Quality Act
of 1970
§ 500. Purpose and Authority.
These regulations are adopted by the Department of Watei' Resources
pursuant to Public Resources Code Section 21082 to implement, inter-
pret, and make specific those provisions of the California Environmental
Quality Act (Division 13, Public Resources Code, commencing with
Section 21000) which supplement the requirements of the Rules and
Regulations promulgated by the Secretary of the Resources Agency
(Title 14, Cal. Admin. Code, commencing with Section 15000, hereinaf-
ter cited as the "State CEQA Guidelines").
Page 38.24
Register 2007, No. 21; 5-25-2007
Title 23
Department of Water Resources
§504
•
NOTl;: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tions 21 001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code,
Section 15050.
History
1 . New Subchapter 3 (Sections 500 through 630, not consecutive) filed 4-13-73;
effective thirtieth day thereafter (Register 73, No. 15).
2. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
4).
3. Repealer of Article 1 (Section 500) and new Section 500 filed 8-9-83; effective
thirtieth day thereafter (Register 83, No. 33).
§ 501 . Incorporation of State CEQA Guidelines.
(a) The State CEQA Guidelines (Title 14, Division 6, Chapter 3) are
hereby incorporated by reference as if fully set forth in this subchapter.
(b) The words used in this subchapter have the same meaning given
them in the State Guidelines, unless the context clearly requires a differ-
ent meaning.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tion 21001(f) and 21082, Public Resources Code; and Title 14, Cal. Admin. Code,
Section 15050.
History
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
4).
2. Repealer of Article 2 (Section 501 ) and new Section 501 filed 8-9-83; effective
thirtieth day thereafter (Register 83, No. 33).
§ 502. Additional Definitions.
In addition to the terms used in the State CEQA Guidelines, the follow-
ing terms used in this regulation have the following meanings:
(a) Department. Department means the Department of Water Re-
sources.
(b) Director. Director means the Director of Water Resources or the
person to whom he has delegated the authority to carry out the activities
referred to in the State CEQA Guidelines and this subchapter.
(c) Project Proponent. Project Proponent means the person who under-
takes an activity which involves Department financing or regulation.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tions 21001(0 and 2 1082, Public Resources Code; and Title 14, Cal. Admin. Code,
Section 15050.
History
1 . Repealer of Article 2 (Section 502) and new Section 502 filed 8-9-83; effective
thirtieth day thereafter (Register 83, No. 33). For prior history, see Register 79,
No. 4.
§ 503. Fees for Preparation of Negative Declaration or EiR.
(a) The Department may charge and collect a reasonable fee from a
person proposing a project for which the Department must prepare an
EIR or Negative Declaration. The fee will be an amount which will re-
cover the costs incurred by the Department in preparing such EIR or Neg-
ative Declaration.
(b) Where the Department will charge a fee for preparation of an EIR,
it shall charge and collect a deposit as provided in this section. The
amount of the deposit shall be calculated as follows:
(1) The minimum deposit shall be $600 for projects with estimated
capital costs of $20,000 or less. The maximum deposit shall be $150,000
for projects with estimated capital costs of $160,000,000 or more. The
scale of other deposits is set forth in the tabulation below:
Estimated Capital Cost
of Proposed Project
From To
$ 20,000 $ 100,000
$ 100,000 $ 1,000,000
$ 1,000,000 $ 10,000,000
$ 10,000,000 $100,000,000
Deposit
$ 600h-3.0O% of excess over $ 20,000
$ 3,000-^1.00% of excess over $ 100.000
$ 12,000+0.20% of excess over $ 1,000,000
$ 30,000-f0.10% of excess over $ 10,000,000
$ 100,000.000 $160,000,000 $120,000-^0.05% of excess over $100,000,000
(2) The Department shall separately account for the deposit collected
and the charges thereto. The status of the account shall be provided to the
project proponent at regular periodic intervals estabUshed by mutual
agreement. A final accounting shall be rendered by the Department after
the Final EIR is considered and adopted.
(3) If in the final accounting the deposit exceeds the actual costs in-
curred by the Department for the preparation and processing of the EIR,
the excess shall be refunded. If the actual costs exceed the amount of the
deposit, the project proponent shall be billed for the difference.
(4) The Director may adjust or waive deposits for minor projects. For
projects with an estimated capital cost of more than $1 ,000,000, the Di-
rector may permit payment of the deposit in increments.
(5) No such EIRs shall be presented to the Department for approval or
adoption until the project proponent has reimbursed the Department for
the costs of preparation and processing of the EIR.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tion 21089, Public Resources Code.
History
1 . Repealer of Article 4 heading and former Section 503, and renumbering and
amendment of Section 552 toSection 503 filed 8-9-83; effective thirtieth day
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
§ 504. Categorically Exempt Activities.
In compliance with the requirements of the State CEQA Guidelines,
the following list of categorically exempt activities of the Department has
been compiled. This list is subject to the limitations on categorical ex-
emptions set forth in the State CEQA Guidelines. This list does not pre-
clude categorical exemptions of other activities that come within the
State CEQA Guidelines.
(a) Class I consists of the operation, repair, maintenance or minor al-
teration of the following facilities where there is negligible or no expan-
sion of use beyond that previously existing:
( 1 ) Conservation Facilities of the State Water Project;
(2) Transportation Facilities of the State Water Project;
(3) Power Facilities of the State Water Project;
(4) Recreation Facilities of the State Water Project;
(5) Flood Control Facilities which are direct responsibility of the De-
partment or which are the responsibility of the Department as "Mainte-
nance Area";
(6) Data Collection Facilities of the Department;
(7) Dams subject to the jurisdiction of the Department's Division of
Safety of Dams;
(b) Class II includes replacement or reconstruction of existing struc-
tures and facilities where required at the facilities listed in Class I.
(c) Class III includes the location and construction of minor accessory
structures and the installation of new equipment where required at the fa-
cilities listed in Class I.
(d) Class IV includes minor public or private alterations to land, water
or vegetation which do not involve the removal of mature, scenic trees
where required at the facilities listed in Class I.
(e) Class V includes the issuance of minor encroachment permits to fa-
cilities of the State Water Project in areas with less than a twenty percent
slope which do not result in changes in land use or density.
(f) Class VI includes the coUecdon of basic data, research and experi-
ments carried out by the Department which are necessary for planning
and feasibility studies, investigations and preparation of environmental
documents.
(g) Class IX includes the inspection of dams and flood control facili-
ties.
(h) Class XI includes the construction or placement of minor structures
accessory to the facilities listed in Class I.
(i) Class XII includes the sale of surplus property of the Department,
as limited by the State CEQA Guidelines.
(j) Class XIII includes acquisition of land by the Department for fish
and wildlife conservation purposes where the land will be preserved in
its natural condition. This class also includes the transfer of such land to
the Department of Fish and Game.
(k) Class XVI includes the acquisition of land in order to establish a
park as limited by the State EIR Guidelines. This class also includes the
transfer of such land to the Department of Parks and Recreation.
(1) Class XXI includes the enforcement of the orders or terms and con-
ditions of certificates of approval issued by the Department including but
not Umited to those issued by the Division of Safety of Dams, the revoca-
tion or enforcement of permits and licenses issued under the California
Page 38.25
Register 2007, No. 21; 5-25-2007
§505
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Weather Resources Management Act and the enforcement or revocation
of encroachment permits or easements.
(m) Class XXII includes the Department's training programs which
involve no physical alteration of the area affected.
(n) Class XXV includes the acquisition of land by the Department or
transfer of such land in order to preserve open-space, as limited by the
State CEQA Guidelines.
(o) Class XXVII includes the leasing of privately-owned office space
by the Department, as limited by the State CEQA Guidelines.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tion 21082, Public Resources Code.
History
1. New section filed 1-25-79; effective thirtieth day thereafter (Register 79, No.
4).
2. Repealer and new section filed 8-9-83; effective thirtieth day thereafter (Regis-
ter 83. No. 33).
§ 505. State Guidelines.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tions 21082, 21083, Public Resources Code.
History
1 . Renumbering from Section 505 to Section 503 filed 1-25-79; effective thirtieth
day thereafter (Register 79, No. 4).
2. Renumbering from Section 506 to Section 505 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§ 506. Department.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tions 21000-21 176, Public Resources Code.
History
1. Renumbering from Section 506 to Section 505 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79. No. 4).
2. Renumbering from Section 507 to Section 506 filed 1-25-79; effective thirtieth
day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83. No. 33).
§ 507. Director.
Note: Authority cited: Section 21082. Public Resources Code. Reference: Sec-
tions 21000-21 176, Public Resources Code.
History
1 . Renumbering from Section 507 to Section 506 filed 1-25-79; effecfive thirtieth
day thereafter (Register 79, No. 4).
2. Renumbering from Section 508 to Section 507 filed 1-25-79; effective thirtieth
day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
§ 508. Environmental Documents.
Note: Authority cited: Section 21082 Public Resources Code. Reference: Sec-
tions 21082, 21061, 21064, 21092, 21 108, 21 161.
History
1 . Renumbering from Section 508 to Section 507 filed 1-25-79; effective thirtieth
day thereafter (Register 79, No. 4).
2. Renumbering from Section 509 to Secfion 508 and amendment filed 1-25-79;
effecfive thirtieth day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
[The next page is 39.]
Page 38.26
Register 2007, No. 21; 5-25-2007
Title 23
Department of Water Resources
§511
•
§ 509. Project Proponent.
NOTI-: Authority cited: Section 21082. Public Resources Code. Reference: Sec-
tions 21000-21 176, Public Resources Code.
History
1 . Renumbering from Section 509 to Section 508 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
2. Renumbering from Section 5 1 to Section 509 filed 1 -25-79; effective thirtieth
day thereafter (Register 79, No. 4).
3. Repealer filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
Article 5. General Responsibilities
History
1. Repealer of Article 5 (Sections 510-519) filed 8-9-83; effective thirtieth day
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 6. Nonapplicability of CEQA or
Exemptions from Initial Study and EIR
Preparation
History
1. Repealer of Article 6 (Sections 520-529) filed 8-9-83; effective thirtieth day
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 7. Initial Study
History
1. Repealer of Article 7 (Sections 530-536) filed 8-9-83; effective thirtieth day
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 8. Lead Agency
History
1 . Repealer of article 8 (sections 540-541 ) filed 8-9-83; operative 9-8-83 (Regis-
ter 83, No. 33). For prior history of sections 542-549, see Register 79, No. 4.
Article 9. Environmental Impact Reports
(EIRs)
History
1 . Repealer of article 9 (sections 55 1-552) filed 8-9-83; operative 9-8-83 (Regis-
ter 83, No. 33).
Article 10. EIR Preparation and Processing
History
1. Repealer of Article 10 (Sections 560-569) filed 8-9-83; effective thirtieth day
thereafter (Register 83, No. 33. For prior history, see Register 79, No. 4.
Article 1 1 . Review Procedures for EIRs and
Negative Declarations
History
1 . Repealer of Article 1 1 (Sections 570-575) filed 8-9-83; effective thirtieth day
thereafter (Register 83, No. 33). For prior history, see Register 79, No. 4.
Article 12. Appendix
History
1. Repealer of article 12 (section 580) filed 8-9-83; operative 9-8-83 (Register
83, No. 33). For prior history of sections 581-592, see Register 79, No. 4.
Chapter 4. Revenue Requirement and Just
and Reasonable Determination
§510. Applicability.
This chapter establishes procedures for public participation in the de-
termination of a revenue requirement and standards for whether the reve-
nue requirement is just and reasonable. The regulations in this chapter are
not intended to implement, interpret, or make specific any other duties
or responsibilities of the department under the Act.
NOTE: Authority cited: Section 80014, Water Code. Reference: Sections 80003,
80004, 80100, 80102, 801 10, 80134 and 80200(d), Water Code.
History
1. New chapter 4 (sections 510-517) and section filed 6-7-2002 as an emergency;
operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section
80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346. 1(g) (Register 2002,
No. 49).
3. New chapter 4 (sections 510-517) and section filed 12-5-2002 as an emergen-
cy; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code
section 80014 a Certificate of Compliance must be transmitted to OAL by
6-9-2002 or emergency language will be repealed by operation of law on the
following day.
4. Cerfificate of Compliance as to 12-10-2002 order transmitted to OAL
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§511. Definitions.
(a) "Act" means Chapter 4 of the First Extraordinary Session of 2001
of the California Legislature (commonly known as "ABIX"), as
amended by Chapter 9 of the First Extraordinary Session of 2001 of the
California Legislature, and as codified in part as Division 27 of the
California Water Code.
(b) "Comment" means any written communication to the department
regarding a proposed determination, including additional material pro-
posed for consideration by the department, submitted in accordance with
this chapter, and excluding information received at a workshop, if one is
held.
(c) "Commission" means the California Public Utilities Commission.
(d) "Department" means the State of California Department of Water
Resources, acting under the authority and powers granted by the Act, and
not under its powers and responsibilities with respect to the State Water
Resources Development System or with respect to any other program it
administers.
(e) "Determination" means a determination by the department of a rev-
enue requirement of a certain amount that, together with any moneys on
deposit in the Electric Power Fund, is sufficient to provide the amounts
necessary to pay obligations authorized by the Act, and that such revenue
requirement is just and reasonable.
(0 "Electric Power Fund" means the Department of Water Resources
Electric Power Fund established by Water Code section 80200.
(g) "Mailed" means deposited with the United States Postal Service
with postage prepaid. If agreed to by the recipient, the mailing of any no-
tice under this chapter may be accomplished by electronic-mail.
(h) "Material" means data and other factual information, technical,
theoretical, and empirical studies or reports.
(i) "Notice" means a notice of opportunity to submit comments, unless
otherwise specified.
(j) "Proposed determination" means a department proposal to issue a
determination, presented for public comment as described in this chapter.
(k) "Rate Agreement" means the rate agreement between the depart-
ment and the commission approved pursuant to Decision 02-02-05 1 of
the commission.
(/) "Record" means, with respect to any given determination, the no-
tices issued under this chapter with respect to the determination, written
comments submitted in response to the notices, material relied on by the
department, the proposed determination, requests for reconsideration.
Page 39
Register 2003, No. 27; 7-4-2003
§512
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
and the determination. "Record" does not include information submitted
in any form at a workshop, if one is held.
(m) "Revenue requirement" means an amount, or a revision to the
amount, to be established by the department, and of which the depart-
ment is to notify the commission, in compliance with Water Code sec-
tions 80 1 1 and 80 1 34. Each revenue requirement shall relate to the peri-
od of time specified in the determination.
NOTl:; Authority cited: Section 80014, Water Code. Reference: Sections 80004,
801 10, 80134 and 80200(d), Water Code.
History
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register
2002. No. 23). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 12^-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Re2ister2002,
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code secfion 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order, including amendment of
subsection (e), transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register
2003, No. 27).
§ 512. Notice of Opportunity to Submit Comments.
(a) The department shall provide to interested parties an opportunity
to submit comments on each proposed determination made by the depart-
ment as provided in this chapter.
(b) At least 21 calendar days prior to the close of the opportunity to
submit comments on a proposed determination, or upon such shorter or
longer time period as the department deems reasonably necessary under
the circumstances, a notice shall be:
( 1 ) mailed to every person who has filed a request for notice,
(2) electronically mailed to every person who requests to be notified
by electronic e-mail, and
(3) posted on the department's website.
(c ) For the purposes of subsection (b), seven calendar days prior to the
close of the opportunity to submit comments shall be deemed to be the
time period necessary under the circumstances with respect to any reve-
nue requirement required to be filed with the commission pursuant to the
second sentence of section 4.1(b) of the Rate Agreement. For the pur-
poses of subsection (b), one business day prior to the close of such oppor-
tunity shall be deemed to be the time period necessary under the circum-
stances with respect to any revenue requirement required to be filed with
the commission pursuant to the last sentence of section 4.1(b) of the Rate
Agreement.
(d) If, after any notice, the department subsequently provides addition-
al time to submit comments, the department shall provide notice of the
additional time by posting a notice on its website, mailing a notice to ev-
ery person who has filed a request for notice, and electronically mailing
a notice to every person who has requested to be notified by electronic
mail.
(e) A notice under this section shall include the following:
(1) The mailing and electronic-mail address at which comments must
be received, and the deadline for receipt of comments.
(2) A statement explaining where a copy of the proposed determina-
tion is available for review. The proposed determination shall include the
amount of the proposed revenue requirement, a written explanation of the
assumptions and methodologies underlying the proposed determination,
a written explanation of how the department reached the proposed deter-
mination, and reference to the material relied upon by the department to
support the proposed determination.
(3) A statement explaining the process under section 514 for disclo-
sure of certain proprietary or confidential information.
(4) The time and place of a workshop on the revenue requirement if
the department, at its discretion, decides to hold a workshop.
(5) The amount of time to be allowed, after the date of electronic publi-
cation of the determination, for requests for reconsideration. A reason-
able lime period shall be allowed, taking into consideration the time
constraints for submitting a determination to the commission.
(f) If a notice is given substantially in the manner described in this sec-
tion, a deficiency in its content or delivery shall not be a basis for invali-
daUng a determination.
NOTK: Authority cited: Section 80014. Water Code. Reference: Sections 801 10,
80134 and 80200(d), Water Code.
History
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 12-4-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1346. 1(g) (Resister 2002,
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§ 513. Notice of Significant Additional Material Relied
Upon.
(a) If following a notice pursuant to section 5 1 2 the department identi-
fies significant material that it intends to rely upon in making its deter-
mination, but which was not identified in the proposed determination, the
department shall provide notice of such additional material to those per-
sons who received the original notice by the same means as the original
notice. The notice will also explain how the material will be made avail-
able for review.
(b) A notice of significant additional material shall set a reasonable pe-
riod of time for receipt of comments on that additional mater al and state
the mailing and electronic-mail addresses at which the comments must
be received.
NOTE: Authority cited: Section 80014, Water Code. Reference: Sections 801 10,
80134 and 80200(d), Water Code.
History
1 . New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 1 2-4-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1346. 1(g) (Register 2002,
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
§514. Confidential Information.
The department shall not disclose any proprietary information or other
information in the record that the department must keep confidential pur-
suant to contract or law, but, if such contract or law permits, the depart-
ment shall make such information available upon receipt, from the per-
son requesting disclosure, of (a) a valid and binding nondisclosure
agreement in a form that the department has determined meets the re-
quirements of the applicable contractual or legal confidentiality require-
ments, and (b) a showing that the disclosure is necessary in order to pre-
pare comments on a determination.
Note: Authority cited: Section 80014, Water Code. Reference: Sections 80004,
801 10, 80134 and 80200(d), Water Code.
History
1 . New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 12-4-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11 346. 1(g) (Register 2002,
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
•
Page 40
Register 2003, No. 27; 7-4-2003
Title 23
Department of Water Resources
§517
§515. Comments.
(a) Conmicnls must he in typewritten form and may be submitted by
electronic-mail, U.S. mail, or iiand delivery, subject to the requirements
set forth in this section. All copies must be clear and permanently legible.
(b) Comments must identify the determination that is the subject of the
comment by referencing the deadline stated in the notice under section
512 or section 513.
(c) Comments submitted to the department must be signed. Comments
submitted on behalf of a business or organization must be signed by a per-
son authorized to comment, and must include the name and title of the
signatory, the date of signing, the signatory's business address, and the
signatory's business telephone number. Signatures for comments sub-
mitted by electronic-mail shall be delivered to the department pursuant
to section 515(f).
(d) A signature on submitted comments certifies that the signatory has
read the comment and knows its contents; that to the signatory's best
knowledge, information, and belief, formed after diligent inquiry, the
facts are true as stated; that any legal contentions are warranted by exist-
ing law or by a good faith argument for the extension, modification, or
reversal of existing law; that the comments are not tendered for any im-
proper purpose; and that the signatory has full power and authority to sign
the document.
(e) No documents or records submitted as comments which purport to
be statements of fact shall be considered by the department, unless the
documents or records have been certified to the best of knowledge by the
person preparing or in charge of preparing them as being true and correct.
(f) Comments submitted through electronic-mail shall be considered
by the department only if an original, signed copy of the comment is also
received within three working days after the comment is received elec-
tronically.
NOTE; Authority cited: Section 80014, Water Code. Reference: Sections 801 10,
80134 and 80200(d), Water Code.
History
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register
2002, No. 2.3). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 1 2-4-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2002,
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL
6-4-2003 and filed 7-1-2003 (Register 2003. No. 27).
§ 516. Determination on the Record.
(a) After considering comments timely received in response to a notice
and otherwise in conformance with the requirements of this chapter, the
department shall issue a determination on the record. Upon issuance, the
department shall post a copy of a determination on its website and mail
or electronically mail a notice of posting to all persons requesting such
notification, to all persons who submitted comments on the proposed de-
termination, and to all persons who submitted requests for reconsidera-
tion.
(b) Requests for reconsideration shall be considered by the department
if submitted within the time set forth in the notice issued pursuant to sec-
tion 512.
(c) If the department proposes to revise a determination or a revised
determination, before or after it is submitted to the commission but prior
to the time that the commission order implementing the determination is
adopted, the department shall give notice of the proposed revision in the
manner specified in section 513. The department shall consider com-
ments received in response to the notice of proposed revision and specifi-
cally directed at the proposed revision. The department shall issue a re-
vised determination on the record in the manner specified in section
516(a). A determination revised in accordance with this section, 516(c),
shall not be subject to requests for reconsideration.
(d) Each determination, including any revised determination, shall be
effecUve upon issuance pursuant to section 5 15(a). including for the pur-
pose of submission to the commission at such time as may be determined
by the department, notwithstanding any subsequent reconsideration or
proposed revision.
NOTE: Authority cited: Section 80014, Water Code. Reference: Sections 801 10,
80134 and 80200(d), Water Code.
History
1. New section filed 6-7-2002 as an emergency: operative 6-7-2002 (Register
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 12-4-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2002,
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order, including amendment of
section, transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003. No.
27).
§517. Standards.
(a) To protect ratepayer interests, the record of the determination must
demonstrate by substantial evidence that the revenue requirement is just
and reasonable, considering the circumstances existing or projected to
exist at the respecfive times of the department's decisions concerning
whether to incur the costs comprising such revenue requirement, and the
factors which under the Act are relevant to such determination and such
decisions, including but not limited to the following:
( 1 ) The development and operafion of the program as provided in the
Act is in all respects for the welfare and the benefit of the people of the
state, to protect the public peace, health, and safety, and constitutes an
essenfial governmental purpose;
(2) The department must do those things necessary and authorized un-
der chapter 2 of the Act to make power available directly or indirectly to
electric consumers in California; provided that except as otherwise
stated, nothing in the Act authorizes the department to take ownership of
the transmission, generation, or distribution assets of any electrical cor-
poration in the State of California;
(3) Upon those terms, limitations, and condifions as it prescribes, the
department may contract with any person, local publicly owned electric
utility, or other entity for the purchase of power on such terms and for
such periods as the department determines and at such prices the depart-
ment deems appropriate taking into account all of the factors listed in sec-
tion 80100 of the Water Code;
(4) The department may sell any power acquired by the department
pursuant to the Act to retail end use customers, and to local publicly
owned electric utilities, at not more than the department's acquisition
costs, including transmission, scheduling, and other related costs, plus
other costs as provided in section 80200 of the Water Code;
(5) The department must, at least annually, and more frequently as re-
quired, establish and revise revenue requirements sufficient, together
with any moneys on deposit in the Electric Power Fund, to provide for
all of the amounts listed in section 801 34(a) of the Water Code, including
but not limited to the repayment to the General Fund of appropriations
made to the Electric Power Fund for purposes of the Act; and
(6) Obligations of the department authorized by the Act shall be pay-
able solely from the Electric Power Fund.
NOTE: Authority cited: Section 80014, Water Code. Reference: Section 80()()().
80003, 80100, 80102(b). 801 16, 801 34 and 80200. Water Code.
History
1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register
2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 1 2-4-2002 or emergency language will
be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1 346. 1(g) (Register 2002.
No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Regis-
ter 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Com-
pliance must be transmitted to OAL by 6-9-2002 or emergency language will
be repealed by operation of law on the following day.
Page 40.1
Register 2004, No. 14; 4-2-2004
§595
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL
6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).
Chapter 5. Department of Water
Resources — Conflict of Interest Code
§ 595. General Provisions,
NOTE: Pursuant to a regulation of the Fair Political Practices Com-
mission (Title 2, CCR, section 18750(k)(2)), an agency adopting a con-
flict of interest code has the options of requesting that the code either be
( 1 ) printed in the CCR in its entirety or (2) incorporated by reference into
the CCR. Here, the adopting agency has requested incorporation by ref-
erence. However, the full text of the regulations is available to the public
for review or purchase at cost at the following locations:
DHPARTMENT 0¥ WATl-:K RESOURCtiS
141 f. NINTH STREHT
SACRAMENTO, CALIFORNIA 95814
FAIR POLITICAL PRACTICES COMMISSION
!1(K1"K" STRt-;i;T
SACRAMENTO. CALIFORNIA 95814
ARCHIVES
SECRI-TARY OF STATE
1020 "O" strhi:t
SACRAMENTO. CALIFORNIA 95814
The Conflict of Interest Code is designed as Chapter 5 of Division 2
of Title 23 of the California Code of Regulations, and consists of sections
numbered and titled as follows:
Chapter 5. Department of Water Resources —
Conflict of Interest Code
Section
595.
General Provisions
Appendix
NOTE: Authority cited: Sections 87300, and 87306, Government Code. Refer-
ence: Sections 87300-87302 and 87306, Government Code.
History
1. New subchapter 4 (articles 1-5, sections 700-760, not consecutive) filed
7-1 3-77; effective thirtieth day thereafter. Approved by Fair Political Practices
Commission 4-21-77 (Register 77, No. 29).
2. Renumbering of subchapter 4 (articles 1-5: sections 700-760. not consecutive)
to subchapter 4 (sections 595-599, not consecutive) filed 1-25 — 79; effective
thirtieth day thereafter (Register 79, No. 4).
3. New section 595.3, amendment of sections 596.5 (a)(2) and (b)(2), 596.9 (a)(2),
596. 10(b), and new Appendices A-G filed 3-9-79; effective thirtieth day there-
after. Approved by Fair Political Practices Commission 1-3-79 (Register 79,
No. 10).
4. Repealerof subchapter 4 (articles 1-5, sections 595-599 and Appendices A-G)
and new subchapter 4 (section 595 and Appendix ) filed 2-26-8 1 ; effective thir-
tieth day thereafter. Approved by Fair Political Practices Commission 12-1-80
(Register 81, No. 9).
5. Amendment of section filed 9-20-90; operative 10-20-90 (Register 90, No.
46).
6. Amendment filed 3-20-92; operadve 4-20-92. Submitted to OAL for printing
only. Approved by Fair Political Practices Commission 2-3-92 (Register 92,
No. 13).
7. Amendment filed 7-1 1-95; operative 8-10-95. Submitted to OAL for printing
only. Approved by Fair Political Practices Commission 4-26-95 (Register 95,
No. 28).
8. Amendment of Appendix filed 9-14-98; operative 10-14-98. Submitted to
OAL for printine only. Approved by Fair Political Practices Commission
6-30-98 (Register 98, No. 38).
9. Renumbering of former chapter 4 to new chapter 5 filed 6-7-2002 as an emer-
gency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code
section 80014 a Certificate of Compliance must be transmitted to OAL by
1 2-4-2002 or emergency language will be repealed by operation of law on the
following day.
20. Reinstatement of section as it existed prior to 6-7-2002 emergency action by
operation of Government Code section 11346.1(f) (Register 2002, No. 49).
1 1 . Renumbering of former chapter 4 to new chapter 5 filed 1 2-5-2002 as an emer-
gency; operadve 12-1 0-2002 (Register 2002, No. 49). Pursuant to Water Code
secfion 80014 a Certificate of Compliance must be transmitted to OAL by
6-9-2002 or emergency language will be repealed by operation of law on the
following day.
12. Amendment of section and Appendix filed 4-2-2004; operative 5-2-2004.
Approved by Fair Political Practices Commission 12-18-2003 (Register 2004,
No. 14).
§ 600. Draft EIR Procedures.
History
1. Renumbering from Section 600 to Section 561 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 601 . Notice of Completion.
History
1 . Renumbering from Section 601 to Section 562 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 602. Review of Draft EIR.
History
1. Renumbering from Section 602 to Section 563 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 603. Final EIR Preparation.
History
1. Renumbering from Section 603 to Section 564 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 604. Processing of Final EIR.
History
1 . Renumbering from Section 604 to Section 565 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 605. Notice of Determination.
History
1 . Renumbering from Section 605 to Section 566 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 606. Final EIR to Local Planning Agencies.
History
1 . Renumbering from Section 606 to Section 567 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 620. General.
History
1 . Renumbering from Section 620 to Secfion 570 filed 1-25-79; effective thirtieth
day thereafter (Register 79, No. 4).
§ 621. Consultation As an Approval Agency.
History
1 . Renumbering from Section 621 to Section 571 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 622. Consultation As a Jurisdictional Agency.
History
1 . Renumbering from Section 622 to Section 572 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 623. Consultation As an Agency with Expertise.
History
I. Renumbering from Section 623 to Section 573 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 624. Review of Sufficiency.
History
1. Renumbering from Section 624 to Section 574 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 625. Designation of Contact Person.
History
1 . Renumbering from Section 625 to Section 575 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 630. Categorical Exemptions.
History
1 . Renumbering from Section 630 to Section 580 and amendment filed 1-25-79;
effective thirtieth day thereafter (Register 79, No. 4).
§ 649.6. Authority (Conflict of Interest Code).
History
1 . Renumbering of sections within Subchapter 4 from Secfions 700-750, not con-
secutive, to Sections 595-599, not consecutive, filed 1-25-79; effective thir-
tieth day thereafter (Register 79, No. 4).
Page 40.2
Register 2004, No. 14; 4-2-2004
Barclays Official
California
Code of
Regulations
Title 23. Waters
Division 3. State Water Resources Control Board
Vol. 32
XHOIVISOIM
^
MVEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 23
State Water Resources Control Board
Table of Contents
Division 3. State Water Resources Control Board
Table of Contents
Page
Page
Chapter 1 . General Provisions 41
Article 1 . Definitions 41
§ 640. Definitions.
Article 2. Purpose, Use and Effect of
Regulations 41
§641. Purpose.
§641.1. Use and Effect.
Article 3. Official Records 41
Article 4. Meeting Notice and Agenda
Requirements 41
Article 5. Conflict of Interest 41
§ 644. State Board Membership.
§ 644. 1 . Regional Water Quality Control
Board Membership.
§ 644.2. Significant Portion of Income.
§ 644.3. Persons Subject to Requirements
and Applicant.
§ 644.4. Income.
§ 644.3. Direct or Indirect Income.
§ 644.6. Board Member's Statement of
Employment.
Article 6. State Water Resources
Control Board — Conflict of
Interest Code 42
Chapter 1 .5. Rules of Practice and Procedure 42
Article 1 . Meetings 42
§ 647. Purpose.
§647.1. Scheduling.
§ 647.2. Notice and Agenda Requirements.
§ 647.3. Public Conmients.
§ 647.4. Recording of Meetings.
§ 647.5. Minutes of Meetings.
Article 2. Adjudicative Proceedings 43
§ 648. Laws Governing Adjudicative
Proceedings.
§ 648. 1 . Parties and Other Interested
Persons.
§ 648.2. Official Notice.
§ 648.3. Evidence by Reference.
§ 648.4. Identification of Witnesses;
Presubmission and Presentation of
Testimony and Exhibits.
§ 648.5. Order of Proceedings.
§ 648.5. 1 . Rules of Evidence.
§ 648.6. Alternative Dispute Resolution.
§ 648.7. Informal Hearings.
§ 648.8. Enforcement Orders and Sanctions.
Article 3. Rulemaking and Informational
Proceedings 46
§ 649. Scope.
§649.1. Rulemaking Proceedings.
§ 649.2. Notice of Informational
Proceedings.
§ 649.3. Order of Procedure.
§ 649.4. Prepared Written Evidence.
§ 649.5. Questioning.
Article 4. Subpoenas 46
§ 649.6. Subpoenas.
Chapter 2. Appropriation of Water 47
Article 1 . General Provisions 47
§ 650. Application for Water.
§651. Policy.
§ 652. Application Must Be Accompanied
by Minimum Eiling Fee.
§ 652.5. Application Fees for Small
Hydroelectric Projects.
§ 653. Applications for Water Where an
Existing Right Is Claimed.
§ 654. Documents That Must Be Sworn
To.
§ 654.4. Policy.
Article 2. Definitions 47
Subarticle 1 . General 47
§ 655. Application.
§ 656. Complete and Incomplete
Applications.
§657. Regulation of Water.
§ 657.1. Recreational Reservoirs for
Subdivisions.
§ 657.2. Stockwatering Reservoirs.
§658. Storage of Water.
Subarticle 2. Beneficial Uses 48
§ 659. Beneficial Use of Water.
§ 660. Domestic Uses.
§ 661. Irrigation Use.
§ 662. Power Use.
§ 662.5. Frost Protection Use.
§ 663. Municipal Use.
§ 664. Mining Use.
§ 665. Industrial Use.
§ 666. Fish and Wildlife Preservation and
Enhancement Use.
§ 667. Aquaculture Use.
§ 667.5. Fish and Wildlife Protection and
Enhancement.
§ 668. Recreational Use.
§ 668.5. Water Quality Use.
§ 669. Stockwatering Use.
§ 669.5. Name and Address of Applicant.
§ 670. Water Quality Use.
§ 670.5. Supplement to Application May Be
Required.
§ 670.6. Instream Beneficial Use
Assessment.
§ 671. Frost Protection Use.
§ 672. Heat Control Use.
§ 673. General Requirements.
§ 674. Requirements for Irrigation
Purposes.
Article 3. How Applications Are
Processed 50
§ 675. Substantial Compliance.
§ 676. Filing Fees.
§ 677 . AppUcalion Fees for Small
Hydroelectric Projects.
§ 678. Detennination of Completeness.
§ 679. Cancellation of Application.
Page i
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
Page
§680.
Application.s Not Made in a Bona
Fide Attempt to Conform to Rules
and Law.
§681.
Time to Complete and Extensions
Thereof.
§682.
Additional Information.
§ 683.
Supplemental Information.
§684.
Issuance of Notice.
§ 685.
Effect of Issuance of Notice.
icle 4. R
equirements for Separate
Applications and Joint
Applications 51
§ 686. Separate Applications for
Consumptive and Nonconsumptive
Uses.
§ 687. Separate Application for Each
Diversion.
§ 688. Separate Applications for Separately
Owned Places of Use.
§ 689. Separate Application for Frost
Protection.
§ 690. Application by an Agency
Representing Users Within a
Combined Place of Use.
§691. Joint Applications.
§ 692. Definitions.
§ 692.3. Determination of Completeness.
§ 692.5. Additional Information.
§ 692.7. Supplemental Information.
§ 693. Statement of Reasons and Request
for Time to Complete.
§ 694. Time to Complete and Extensions
Thereof.
Article 5. Amounts for Which to Apply 52
§ 695. Unappropriated Water.
§ 696. Applications Reasonably Necessary
for Beneficial Use — How Stated.
§ 697. Examples of Amounts Considered
Reasonably Necessary.
§ 698. Action upon an Application for an
Excessive Amount.
§ 698.5. Separate Application for Frost
Protection.
§ 699. Limitation upon Application and
Right Obtained.
§ 700. Approval of Applications for Partial
Season of Use.
§701. Application by an Agency
Representing a Combined Use.
§ 702. Joint Applications.
§ 703. Joint Ownership of Places of Use.
Article 6. Contents of Application and
Instream Beneficial Use
Assessment 54
§ 705. Form of Application.
§ 706. General Requirements.
§ 707. Legal Nature, Name and Address of
Applicant.
§ 708. Supplement to Application May Be
Required.
§ 709. Instream Beneficial Use
Assessment.
§ 7 1 0. Signature of Applicant.
§711. Documents That Must Be Sworn
To.
§ 7 1 2. Issuance of Notice by Board.
§ 713. Effect of Issuance of Notice.
§ 714. Application for Permit to
Appropriate Water from Wild and
Scenic Rivers.
Article 7. Map Requirements 56
§ 715. General Requirements.
§ 716. Maps for Minor Projects.
§ 7 1 7. Maps for Larger Projects.
§718. Requirements for Municipal
Purposes.
§719. Requirements for hTigal ion
Purposes.
§ 719.5. Claim of Right Without Compliance
with Statutory Procedure.
§ 720. Requirements for Power Purposes.
§721. Requirements for Mining Purposes.
§ 722. Maps for Underground Storage.
§722.5. Abandonment of Protest.
§ 723. Requirements for Other Purpo.ses.
§ 724. Filing and Application Without
Maps — When Allowed.
§ 725. Deferral of CEQA Documents.
§ 728. Board May
Conduct — Co-Operation by Parties.
§ 729. Benefits and Detriments; Alternative
Projects.
Article 8. Special Situation
Applications 58
§ 730. Adding Power Plants to Existing
Works.
§731. Applications for Water Where an
Existing Right Is Claimed.
§ 732. Relationship of Applicant and User.
§ 733. Underground Storage.
§ 733.5. Witnesses and Exhibits.
§ 734. Applications Within the California
Wild and Scenic Rivers System.
§ 735. Napa River, Special.
§ 736. Petitions for Assignment or Release
from Priority of Applications Filed
Pursuant to Part 2, of Division 6,
Sections 10500 et seq. of the Water
Code.
§ 736. 1 . Hearings in Response to Drought
Emergency Conditions.
§ 737. Time of Filing Petitions.
§ 737. 1 . Reconsideration of Board Decisions
and Orders.
§ 737.2. Petition for Reconsideration.
§ 737.4. Board Action.
§ 737.5. Procedure Relating to Hearings.
§ 738. Protests to Petitions.
§ 738.5. Nature of Action.
§ 739. Hearings of Petitions for Release
from Priority.
§ 740. Maps and Data Required.
§ 741. Notice of Petition.
§ 742. Procedure on Petitions.
§ 743. Changes Prior to Notice of an
Application.
§ 744. Changes to Cover Incidental Uses of
a Reservoir.
Article 9. Protests and Answers 61
§ 745. Protest Requirements.
§ 746. Claim of Right Without Compliance
with Statutory Procedure.
§ 747. Time for Filing.
§ 748. Service of Supplements and
Correspondence.
§ 749. Rejection of Protest.
§ 750. Abandonment of Protest.
§751. Answers to Protests.
§ 752. Content of Answers.
§ 753. Extension of Time for Negotiation.
§ 754. Establishment of Relationship.
Article 10. Investigations 62
§ 755. Board May Conduct — Cooperation
by Parties.
§ 756. Benefits and Detriments; Alternative
Projects.
§ 757. Filing for Service of a Subdivision
(Leasing).
Page
(7-11-2008)
Title 23
State Water Resources Control Board
Table of Contents
Page
Article 1 1 . Hearings and Proceedings in
Lieu of Hearing 62
Hearings on Water Right
Applications and Other Water Right
Matters.
Procedure at Hearings.
Witnesses and Exhibits.
Passage of Water for Fish.
Subpoenas.
Release of Stored Water.
Combined Hearings.
Investigation of Complaints.
Action by the Board.
Action on the Board's Own Motion.
Licenses.
Policy.
Investigations.
Notifications and Orders.
Noncompliance with Order:
Revocation of Entitlement.
Noncompliance with Order:
Enforcement by Attorney General.
Alternative Procedure.
Conservation and Protection of
Water Within the Sacramento-San
Joaquin Delta and Its Tributary
Streams.
Hearings to Be Held Promptly.
Failure to Appear — Effect.
Hearings in Response to Drought
Emergency Conditions.
Article 12. Reconsideration and
Amendments of Board Water
Right Decision and Orders 64
§ 768. Reconsideration of Board Decisions
and Orders.
Page
794.
Petition Information and Map
Requirements.
§ 760.
§761.
§762.
§ 762.5.
§ 76."^.
§ 763.5.
S764.
§ 764.5.
§ 764.6.
§ 764.7.
§ 764.8.
§ 764.9.
§764.10.
§764.11.
§764.12.
§764.13.
§ 764.14.
§ 764.20.
§ 765.
§766.
§767.
§ 795.
Notice of Change Petitions.
§796.
Protest Procedure on Change
Petitions.
§797.
Changes Prior to Notice of an
Application.
§798.
Changes to Cover Incidental Uses of
a Reservoir.
§799.
Petition for Change to Add a Power
Plant to Existing Works.
icle 16.
Temporary Changes Due to
Transfer or Exchange of
Water
or Water Rights
§800.
Temporary Changes.
§801.
Notice of Temporar) Change.
§802.
Map Requirements.
§ 803.
Action by the Board Regarding
Temporary' Changes.
§804.
Public Notice and Objections to
Proposed Temporary Changes.
icie 16.5.
Temp(
Drary Urgency Changes
§ 805.
Petition lor Temporan, Urgency
69
70
806.
Article 17.
§811.
§812.
§813.
§814.
§815.
§769.
Petition for Reconsideration.
§770.
Board Action.
§771.
Procedure Relating to Hearings.
§772.
Issuance of Separate Permits and
Licenses.
Article 13.
Right of Access
§775.
Right of Access Over Lands Not
Owned by Applicant.
§776.
Where Public Agency Permission or
Approval Is Required.
§ 776.5.
Requests for Extension of Time
Under Permit.
§777.
Right of Access over Lands Where
Title Is Disputed.
§778.
Request for Extension of Time
Under Permits.
§ 778.5.
Notice of Petitions and Protests.
§779.
Cause for Elxtension of Time.
Article 14.
Standard Permit Terms and
Conditions
§780.
Standard Permit Terms.
§781.
Public Access for Fishing.
§782.
Passage of Water for Fish.
§783.
Waste Discharge Requirements.
§784.
Release of Stored Water.
§785.
Surface Diversion or Storage.
§786.
Underground Storage.
§790.
Revocation Hearings.
Article 15.
Changes in Point of
Diversion, Place of Use, or
Purpose of Use
§791.
Change Petitions.
§792.
Nature of Approval Action.
§793.
Filing Fee When Multiple Changes
or Rights Involved.
§816.
Article 18.
Change.
Notification of and Objections to
Temporary Urgency Changes.
Changes Involving a Long-
term Transfer of Water or
Water Right
Long Term Transfer.
Petition for Long-term Transfer.
Map Requirements.
Notice of Long-term Petitions.
Protest Procedure on Long-term
Transfer Petitions.
Action of the Board Regarding
Long-term Transfers.
Enforcement of Terms and
Conditions
70
71
§820.
§821.
§822.
§823.
Article 19.
66
§ 830.
§831.
§832.
§833.
§834.
§835.
§836.
Complaints of Violations.
Investigation of Complaints.
Action by the Board.
Action on the Board's Own Motion.
Changes of Ownership and of
Address-Notices 71
Procedure on Change of Address.
Notice to Board of Changes in
Ownership.
Contests As to Ownership.
Presumption Based on Ownership of
Place of Use.
Presumption That Water Right
Passes upon Foreclosure Sale.
Presumption upon Termination of an
Option or Lease Relative to Real
Property.
Issuance of Separate Permits and
Licenses.
72
67
Article 20.
Diligence Required —
Exten
sions of Time
§840.
Reasonable Promptness Required.
§841.
Time for Completion.
§842.
Requests for Extension of Time
Under Permits.
§843.
Notice of Petitions and Protests.
§844.
Cause for Extension of Time.
§845.
Withholding Issuance of Permit.
§846.
Measuring Devices and Statements.
§847.
Progress Report.
§848.
Contents.
Page iii
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
Article 21.
Revocation of Permits and
Licenses
.. 73
§ 850.
Revocation Hearings.
§851.
Notice of Hearing.
§ 852.
Procedure Relating to Hearings.
Article 22.
Prevention of Waste and
Unreasonable Use
.. 74
§ 855.
Policy and Definition.
§ 856.
Investigations.
§ 857.
Notifications, Hearings and Orders.
§ 858.
Noncompliance with Order
Regarding Misuse Under Water
Right Entitlement.
§ 859.
Noncompliance with Other Order
§860.
Alternative Procedure.
Article 23.
Stream Systems Declared to
Be Fully Appropriated
.. 74
§870.
Purpose of this Article.
§871.
Revocation or Revision of a
Declaration.
§872.
Addition of Stream Systems to the
Declaration.
§ 873.
Applications Pending at Time of
Revision or Addition.
§874.
Notice of Hearings and Hearing
Rules of Procedure.
Ihapter 2.5.
Water Rights for Stockponds
.. 76
Article 1.
Definitions
.. 76
§880.
Board.
§881.
Stockpond.
Article 2.
Claims of Water Rights and
Applications for
Certification
.. 76
§885.
Forms.
§886.
Refusal to Accept Claims.
§887.
Number of Claims Required.
§888.
Penalty for Perjury.
Article 3.
Fees
. . 77
§890.
Fees.
Article 4.
Notice of Claims and
Protests
. . 77
§895.
Notices.
§896.
Protests.
§897.
Content of Protests.
§898.
Ground for Protest.
Article 5.
Investigation, Hearing, and
Certification of Claims
. . 77
§900.
Investigation.
§901.
Hearing.
§902.
Certification.
Article 6.
Continued Use of the
Stockpond and Revocation of
the Certification
§905.
Continued Use of the Stockpond.
§906.
Revocation of the Certification.
§907.
Number of Claims Required.
§908.
Penalty for Perjury.
§910.
Fees.
§915.
Notices.
§916.
Protests.
§917.
Contents of Protests.
§918.
Ground for Protest.
§920.
Investigation.
§921.
Hearing.
§922.
Certification.
§925.
Continued Use of the Stockpond.
77
Page
§ 926. Revocation of the Certification.
Chapter 3. Determination of Right to the
Use of Water 78
Article 1 . Definitions 78
§ 940. Board.
Article 2. Adjudications Under Water
Code Sections 2500 Through
2900 78
§ 945. Petition.
§ 946. Public Interest and Necessity.
§ 947. Proof of Claim of Water Right
§ 948. Signature of Deponent Claimaat.
§ 949. Objections.
§ 950. Other Applicable Regulations.
§951. Inspection of Records.
§ 952. Separate Proof for Each Purpose of
Use.
§ 953. Separate Proof for Each Diversion.
§ 954. Single Proof for Claim Initiated
Under the Water Commission Act or
Water Code.
§ 955. Claims to Water Supplied by
District or Water Company.
§ 956. Divided Interests.
§ 957. Undivided Interests.
§ 958. General Requirements for Proofs of
Claims.
§ 959. Specific Requirements for Irrigation
Proofs.
§ 960. Uses Other Than Irrigation.
§961. Signature of Deponent.
§ 962. Objections.
§ 963. Subpoenas.
§ 964. Procedure at Hearings.
§ 965. Official Notice.
§ 966. Evidence by Reference.
§ 967. Oral Arguments and Briefs.
§ 968. Attorneys or Agents.
§ 969. Inspection of Records.
Chapter 4. Recordation of Water Extractions
and Diversions 78.2
Article 1 . Notices of Water Extractions
and Diversions 78.2
§1000. Use of Forms.
§1001. Separate Notices.
§1002. Contents of Notices.
Article 2. Fees 78.2
§1010. Filing Fees.
§ 1011. Effect of Failure to Pay Filing Fees.
§1012. Investigation Charges.
Article 3. Investigation and
Determination of Facts 78.3
§ 1020. Notice of Investigation.
§ 1021. Service of Proposed Findings.
§ 1022. Hearing.
§ 1023. Further Procedure.
§1024. Shortening of Time.
Chapter 4.5. Procedures for Protecting
Instream Beneficial Uses 78.3
Chapter 5. Fees 78.3
§ 1061. Definitions.
§ 1062. Filing Fees for Water Right
Applications.
§ 1063. Annual Fees for Water Right
AppUcations.
§ 1064. Fihng Fees for Petitions or
Requests.
Page iv
(7-11-2008)
Title 23
State Water Resources Control Board
Table of Contents
Page
Page
§ 1065. Annual Fees for Petilions or
Requests.
§1066. Annual Fees for Permits or
Licenses.
§1067. Water Leases.
§ 1068. Registration Fees for Small
Domestic and Livestock Stockpond
Uses.
§ 1069. Proof of Claim.
§ 1070. Notice of Extraction and Diversion
of Water.
§ 1071. Hydroelectric Projects.
§ 1072. Joint and Several Liability.
§ 1073. Allocation of Fees and Expenses.
§1074. Administration of Fees and
Expenses.
§ 1075. Collection of Fees and Expenses.
§ 1076. Cancellation for Nonpayment of
Fees.
§ 1077. Petition for Reconsideration.
§ 1078. Objection to Determination of
Expenses.
Chapter 6. Review by State Board of Action
or Failure to Act by Regional
Board 78.8
§ 2050. Petition for Review by State Board.
§ 2050.5. Complete Petitions; Responses;
Time Limits.
§ 2050.6. Supplemental Evidence.
§ 2051. Defective Petitions.
§ 2052. Action on a Petition.
§2052.1. Intervention.
§ 2053. Stay Orders.
§ 2054. Consolidation of Proceedings.
§ 2055. Notice of Review.
§ 2056. Subpoenas.
§2057. Conduct of Hearing.
§ 2058. Additional Parties.
§ 2059. Evidence Rules.
§ 2059. 1 . Review of Septic Tank Prohibitions.
§ 2060. Official Notice.
§ 2061 . Order of Testimony.
§ 2062. Cross-Examination.
§ 2063. Oral Argument.
§ 2064. Record.
§ 2065. Informal Disposition.
§ 2066. Workshop Meeting.
§ 2067. Formal Disposition.
§ 2068. Notice of Right to Petition.
Chapter 7. Clean Water Grant Program 81
Chapter 8. Other Federal Grant Programs 81
Chapter 9. Waste Discharge Reports and
Requirements 81
Article 1 . Fees 81
§ 2200. Annual Fee Schedules.
§2200.1.
§ 2200.2.
§ 2200.3.
§ 2200.4.
§ 2200.5. No Exposure Certification.
§ 2200.6. Annual Waiver Fee Schedules.
§ 2201 . Special Fees for Discharge of
Hazardous Waste to Surface
Impoundments. [Repealed]
Article 2. Waste Discharge Requirements
for Discharges Other Than
from Point Sources to
Navigable Waters 84.2
§ 2205. Preliminary Procedures.
§2206
Elffective Filing Date.
§2207
Criteria for Filing Reports.
§ 2208
Projects Deemed Approved.
§2210
Definition of a Material Change.
§ 2230
Monitoring Program Reports.
§2231
Time Schedules.
§ 2232
Ensuring Adequate Capacity.
§ 2232
1 . Certification of Supervisors and
Operators of Municipal Wastewater
Treatment Plants.
§2232
2. Periodic Review of Waste Dischai^gt
Requirements.
§ 2233
Other Terms and Conditions to Be
Included in Waste Discharge
Requirements.
§ 2234
Inspections.
Article 3.
§ 2235.
§2235.1.
§ 2235.2.
§ 2235.3.
§ 2235.4.
Article 5.
Waste Discharges from Point
Sources to Navigable
Waters 85
Definitions.
F'iling and Processing of a Report of
Waste Discharge.
Compliance with Regulations of the
U.S. Environmental Protection
Agency.
Additional Requirements.
Continuation of Expired Permits.
Waste Discharges from Point
Sources to Navigable
Waters 85
Article 6.
Bay Protection Toxic Cleanup
Prosram
§ 2236.
Bay Protection and Toxic Cleanup
Annual Fees.
Chapter 9. 1 . Enforcement Procedures
Article 1.
Cease and Desist Orders
85
86
86
§ 2240. When Issued.
§2241. Compliance Requirements.
§ 2242. Threatened Violations of Time
Schedules.
§ 2243. Time Schedules.
§ 2244. Prohibitions or Restrictions on
Additional Discharges to
Community Sewer Systems.
§ 2244. 1. Exclusions from Prohibitions and
Restrictions on Additional
Discharges to Community Sewer
Systems.
§ 2244.2. Means of Obtaining Exclusions
Provided for by Section 2244.1(b).
§ 2244.3. Removal of Prohibitions and
Restrictions on Additional
Discharges to Community Sewer
Systems.
§ 2245. Immediate Corrective Measures.
Chapter 9.2. Reportable Quantities and
Reporting Requirements 86.1
§ 2250. Reportable Quantity for Sewage.
§ 2251. Reportable Quantities for Hazardous
Wastes or Hazardous Substances.
Article 2. Reporting Requirements 87
§ 2260. Reporting Requirements.
Chapter 10. Licensing and Regulation of Use
of Oil Spill Cleanup Agents 87
Article 1 . General Provisions 87
§ 2300. Statement of Intent.
§ 2301. Pohcy on the Cleanup of Oil Spills.
Page
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
Page
§ 2302.
Scope of Regulations.
§ 2303.
Revision of Regulations.
§ 2304.
Definitions.
Article 2.
Licensing of Oil Spill
Cleanup Agents
§2310.
Licensing Requirement.
§2310.1,
Application Fee and Deposit.
§2311.
Contents of Application.
§2311.1.
Standardized Tests and Product
Testing.
§2312.
Responsibility of an Applicant.
§2313.
Standardized Tests and Product
Testing.
§2314.
Licensing Criteria.
§2315.
Issuance of License.
§2316.
Term of License.
§2317.
Labeling Requirement.
§2318.
Legal Responsibility.
§ 2320.
Use of an OSCA Prior to Licensing.
§2321.
Interim Toxicity Criterion.
Article 3.
Use of Oil Spill Cleanup
Agents
§ 2330.
Supervision and Enforcement of
Use.
§2331.
Applicabilitv of Regulations for
Use.
§ 2332.
Requirements for the Use of OSCA.
§ 2333.
Observance of Manufacturer's
Recommendations.
§ 2334.
Emergency Authorization for Use of
Unlicensed OSCA.
§ 2335.
Experimental Use of OSCA.
§ 2336.
OSCA Endorsement.
§ 2533.
Class 111: Landfills for
Nonhazardous Solid Waste.
87
Chapter 1 1 .
Chapter 12.
Chapter 13.
Chapter 14.
Chapter 15.
Certification of Conformance
with Water Quality Standards
Certification Under Section 1 69
of the Internal Revenue Code of
1954, As Amended
Registration and Regulation of
Liquid Waste Haulers
Article 1.
§ 2510.
§2511.
Article 2.
§ 2520.
§2521.
§ 2522.
§ 2523.
§ 2524.
Article 3.
§ 2530.
§2531.
§ 2532.
Classification of Wastewater
Treatment Plants and Operator
Certification
Discharges of Hazardous Waste to
Land
General
Applicability.
Exemptions.
Waste Classification and
Management
Applicability and Classification
Criteria.
Hazardous Waste.
Designated Waste.
Nonhazardous Solid Waste.
Inert Waste.
Waste Management Unit
Classification and Siting
Classification and Siting Criteria.
Class I: Waste Management Units
for Hazardous Waste.
Class II: Waste Management Units
for Designated Waste.
Article 4.
Construction Standards for
Class I Units 92
§ 2540.
General Construction Criteria.
§2541.
General Criteria for Containment
Structures.
§ 2542.
Liners.
§ 2543.
Leachate Collection and Removal
Systems.
§ 2544.
Interim Cover.
§ 2545.
Subsurface Barriers.
§ 2546.
Precipitation and Drainage
Controls.
§ 2547.
Seismic Design.
§ 2548.
Special Requirements for Surface
Impoundments.
§ 2549.
Special Requirements for Land
Treatment Facilities.
Article 5.
Water
Quality Monitoring and
Respc
inse Programs for Waste
Mana,
gement Units 96
§ 2550.
Applicability.
§ 2550.0.
Applicability.
§2550.1.
Required Programs.
§ 2550.2.
Water Quality Protection Standard.
§ 2550.3.
Constituents of Concern.
§ 2550.4.
Concentration Limits.
§ 2550.5.
Monitoring Points and the Poim of
Compliance.
§ 2550.6.
Compliance Period.
§ 2550.7.
General Water Quality Monitoring
and System Requirements.
§ 2550.8.
Detection Monitoring Program.
§ 2550.9.
Evaluation Monitoring Program.
§2550.1C
).
Corrective Action Program.
§2550.11
Unsaturated Zone Monitoring and
Response Provisions for Class I
Land Treatment Units.
§ 2550.12
Corrective Action Where Hazardous
Waste Has Been Discharged at
Areas Other Than Waste
Management Units.
§2551.
Required Programs.
§ 2552.
Water Quality Protection Standards.
§ 2553.
Points of Compliance.
§ 2554.
Compliance Period.
§ 2555.
General Ground Water Monitoring
Requirements.
§ 2556.
Detection Monitoring Program.
§ 2557.
Verification Monitoring Program.
§ 2558.
Corrective Action Program.
§ 2559.
Unsaturated Zone Monitoring
Program.
Article 6.
Confined Animal Facilities 108
90
91
§ 2560. Applicability.
§ 2561. General Standards.
§ 2562. Wastewater Management.
§ 2563. Use or Disposal Field Management.
§ 2564. Management of Manured Areas.
§ 2565. Monitoring.
Article 7. Mining Waste Management
§ 2570. Applicability.
§ 257 1 . Groups of Mining Waste.
§ 2572. Mining Waste Management Unii:
Siting and Construction Standards.
§ 2573. Water Quality Monitoring for
Mining Waste Management Units.
§ 2574. Closure and Post-Closure
Maintenance of Mining Waste
Management Units.
Article 8. Closure and Post-Closure
Maintenance
109
109
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State Water Resources Control Board
Table of Contents
Page
Page
•
•
§ 2580. General Closure Requirements.
§ 2581 . Landfill Closure Requirements.
§ 2582. Surface Impoundment Closure
Requirements.
§ 2583. Waste Pile Closure Requirements.
§ 2584. Land Treatment Facility Closure
Requirements.
Article 9. Compliance Procedures 109
§ 2590. Reporting Requirements for Waste
Discharge to Land.
§ 2591. Waste Discharge Requirements.
§ 2592. Public Participation.
§ 2593. Mandatory Closure (Cease and
Desist Orders).
§ 2594. Waste Characteristics.
§ 2595. Waste Management Unit
Characteristics.
§ 2596. Design Report and Operations Plan.
§ 2597. Closure and Post-Closure
Maintenance Plan.
Article 10. Definitions 114
§ 2600. Statutory Definitions.
§2601. Technical Definitions.
Appendix 1 117
Chapter 16. Underground Tank Regulations 120
Article 1 . Definition of Terms 120
§ 2610. Definitions/Applicability of
Definitions.
§2611. Additional Definitions.
Article 2. General Provisions 123
§ 2620. General Intent, Content,
Applicability and Implementation of
Regulations.
§ 2621. Exemptions to the Regulations.
Article 3. New Underground Storage Tank
Design, Construction, and
Monitoring Requirements 124
§ 2630. General Applicability of Article.
§ 263 1 . Design and Construction
Requirements for New Underground
Storage Tanks.
§ 263 1.1. Compatibility and Permeability
Testing Requirements for All New
Underground Storage Tanks.
§ 2632. Monitoring and Response Plan
Requirements for New Underground
Storage Tanks Constructed Pursuant
to Section 2631.
§ 2633. Alternate Construction
Requirements for New Underground
Storage Tanks Containing Motor
Vehicle Fuel.
§ 2634. Monitoring and Response Plan
Requirements for New Underground
Storage Tanks Containing Motor
Vehicle Fuel and Constructed
Pursuant to Section 2633.
§ 2635. Installation and Testing
Requirements for All New
Underground Storage Tanks.
§ 2636. Design, Construction, Installation,
Testing, and Monitoring
Requirements for Piping.
§ 2636.1. Final Division Decisions Regarding
Under-Dispenser Spill Containment
or Control Systems.
§ 2636.2. Petition for Board Review
Regarding Under-Dispenser Spill
Containment or Control Systems.
§ 2636.3. Defective Petitions.
§ 2636.4. Action by the Board Regarding
Under-Dispenser Spill Containment
or Control Systems.
§ 2637.
Secondary Containment Testing.
§ 2638.
Annual Certification of Monitoring
Equipment.
Article 4.
Existing Underground Storage
Tank Monitoring
Requirements
§ 2640.
General Applicability of Article.
§2641.
Monitoring Program Requirements.
§ 2642.
Visual Monitoring.
§ 2643.
Non- Visual
Monitoring/Quantitative Release
Detection Methods.
§2643.1.
Tank Integrity Testing
Requirements.
§ 2644.
Non-Visual Monitoring/Qualitative
Release Detection Methods.
§2644.1.
Enhanced Leak Detection.
§ 2645.
Manual Tank Gauging and Testing
for Small Tanks.
§ 2646.
Manual Inventory Reconciliation.
§2646.1.
Statistical Inventory Reconciliation.
§ 2647.
Vadose Zone Monitoring
Requirements.
§ 2648.
Ground Water Monitoring
Requirements.
§ 2649.
Well Construction and Sampling
Requirements.
132
Article 5. Release Reporting and
Initial Abatement
Requirements 145
§ 2650. Reporting and Recording
Applicability.
§ 2651. Recording Requirements for
Unauthorized Releases.
§ 2652. Reporting. Investigation and Initial
Response Requirements for
Unauthorized Releases.
§ 2653. Initial Abatement Action
Requirements.
§ 2654. Initial Site Characterization
Requirements.
§ 2655. Free Product Removal
Requirements.
Article 6. Underground Storage Tank
Repair and Upgrade
Requirements 147
§ 2660. General Applicability of Article.
§ 2661. Requirements for Repairing
Underground Storage Tank.
§ 2662. Requirements for Upgrading
Underground Storage Tanks.
§ 2663. Interior Tank Lining Requirements.
§ 2664. Requirements for Using Bladder
Systems.
§ 2665. Spill and Overfill Prevention
Equipment Upgrade Requirements.
§ 2666. Requirements for Upgrading
Underground Piping.
Article 7. Underground Storage Tank
Closure Requirements 150
§ 2670. General Applicability of Article.
§ 2671. Temporary Closure Requirements.
§ 2672. Permanent Closure Requirements.
Article 8. Site-Specific Variance
Procedures 152
§ 2680. General Applicability of Article.
§2681. Site-Specific Variances.
§ 2682. Site-Specific Variances.
Page vii
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
152.1
Article 9. Local Agency Requests for
Additional Design and
Construction Standards
§ 2690. General Applicability of Article.
§ 2691. Procedures for Requesting
Additional Standards.
Article 10. Permit Application,
Quarterly Report and Trade
Secret Request
Requirements 152.1
§ 2710. General Applicability of Article.
§ 271 1. Information and Application for
Permit to Operate an Underground
Storage Tank.
§ 2712. Permit Conditions.
§ 2712.1. Content of Upgrade Compliance
Certificates.
§ 2712.2. Issuing Upgrade Compliance
Certificates.
§ 2712.3. Displaying Upgrade Compliance
Certificates.
§ 2712.4. Replacing Upgrade Compliance
Certificates.
§ 2712.5. Lists of Underground Storage Tank
Facilities.
§ 2712.6. Prohibitions.
§2712.7. Sunset Provisions.
§2713. Local Agency Reporting
Requirements.
§2714. Trade Secret Provisions.
Appendix I 152.4
Appendix II 1 52.5
Appendix III 152.5
Appendix IV 152.5
Appendix V 152.6
Appendix VI 152.7
§ 2715. Certification, Licensing, and
Training Requirements for
Underground Storage Tank Owners,
Operators, Installers, Service
Technicians, and Inspectors.
Article 10.5.
§2717.
§2717.1.
§2717.2.
§2717.3.
§ 2717.4.
§2717.5.
Red Tag Authority 152.12
Additional Definitions.
Affixing Red Tags.
Removing Red Tags.
Removal of Red Tag from
Emergency Generator Tank Systems
Prior to Correction of Significant
Violation.
Notice of Correction of Significant
Violation.
Significant Violations Exempt From
Red Tags.
§2717.6.
Content of Red Tags.
§2717.7.
Enforcement Scope of Article.
Article 1 1 .
Corrective Action
Requirements 152.13
§ 2720.
Additional Definitions.
§2721.
General Applicability of Article.
§ 2722.
Scope of Corrective Action.
§ 2723.
Preliminary Site Assessment Phase.
§ 2724.
Conditions That Require Soil and
Water Investigation.
§ 2725.
Soil and Water Investigafion Phase.
§ 2726.
Corrective Action Plan
Implementation Phase.
§ 2727.
Verification Monitoring Phase.
§ 2728.
Public Participation.
Page
Article 12. Electronic Submission of
Laboratory Data for UST
Reports 152.16
§ 2729. Definitions.
§2729.1. Electronic Submission of
Laboratory Reports.
Chapter 17. Underground Tank Tester
Regulations 152.16
Article 1. General Provisions 152.16
§ 2730. Purpose.
§2731. Definifions.
Article 2. Administration 152.17
§ 2740. Record of Licensees.
§ 2741 . Record of Disciplinary Actions.
Article 3. Application of Regulations 153
§2750. Necessity of License.
§ 2751. Local Regulations; Ordinances.
Article 4. Licensing 153
§ 2760. License Requirements.
§2761. Apphcation for Licensure.
§ 2762. Examination.
§ 2763. Issuance of License, Renewal and
Reinstatement.
Article 5. Conduct of Business and
Prohibited Acts 154
§ 2770. Nofice of Change of Address.
§ 2770.5. Name and license number on tank
test reports.
§ 277 1 . Liability of Licensee; Employee
Records; Completion of Training for
Testing Method Used.
§ 2772. Record Retention Period.
§ 2773. Grounds for disciplinary action.
Article 6. Appeals Regarding
Disciplinary Action 155
§ 2780. Disciplinary proceedings.
§ 2781. Action by Division.
§ 2782. Requests for review by the State
Water Board.
§ 2783. Deficient requests for review.
§ 2784. Recommendation by the Division
Chief.
§ 2785. Action by the State Water Board.
§ 2790. Disciplinary Proceedings.
Article 7. Revenue 156
§ 2800. Fees.
§ 280 1 . Copies of Laws, Rules, etc. ;
Disposition.
§2802. Refund of Fees.
Chapter 18. Petroleum Underground Storage
Tank Cleanup Fund Regulations 1 57
Article L General Provisions 157
§ 2803. Applicability.
Article 2. Definition of Terms 157
§ 2804. Definitions.
Article 3. Financial Responsibility
Requirements 158.1
§ 2805. Applicability.
§ 2806. General Responsibility to Meet
Federal Requirements.
§ 2806. 1 . Current Federal Compliance Dates.
§ 2806.2. Demonstration of Compliance with
Financial Responsibility
Requirements by Owners and
Operators.
•
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State Water Resources Control Board
Table of Contents
Page
Page
§ 2807. Required Financial Responsibility
Amounts.
§ 2808. Demonstration of Financial
Responsibility Through Compliance
with Federal Requirements.
§ 2808. 1 . Use of Fund to Meet Financial
Responsibility Requirements.
§ 2808.2. Fund Coverage.
§ 2808.3. Fund Coverage.
§ 2809. Reporting by Owner or Operator.
§2809.1. Recordkeeping.
§ 2809.2. Additional Financial Information.
Article 4. The Fund 158.4
§ 2810. Types of Costs Reimbursed.
§2810.1. Fligible Claimants.
§ 2810.2. Ineligibility of Cost Prior to January
1. 1988.
§ 281 0.3. Intentional or Reckless Acts;
Ineligibility of Costs.
§ 281 1 . Permitting and Other Eligibility
Requirements.
§2811.1. Claim Priority Classes.
§ 281 1 .2. Fund Application Requirements;
Reimbursement Requests for
Corrective Action Costs.
§ 281 1 .3. Fund Application Requirements;
Reimbursement Requests for Third
Party Compensation Costs.
§2811.4. Pre-Approval of Corrective Action
Proposals or Bids; Assistance with
Contractor and Consultant
Selection.
§2812. General Procedures for
Reimbursement.
§ 2812.1. Compliance with Laws; Bid
Requirements.
§ 2812.2. Eligible and IneHgible Costs.
§ 2812.3. Double Payment.^
§ 2812.4. Intentional or Reckless Acts;
Ineligiblity of Costs.
§ 2812.5. Reimbursement Limitations.
§ 28 1 2.6. Verification of Claims.
§ 2812.7. Submission and Receipt of Claims.
§ 2812.8. Disqualification of Claims.
§ 2813. Creation of Priority Lists.
§ 28 1 3. 1 . Effect of Placement on Priority List.
§ 2813.2. Management of Priority Lists.
§ 2813.3. Removal from the Priority List;
Suspension and Rejection of
Claims.
§ 281 3.4. Removal from the Priority List.
Article 5. Request for Review, Appeal,
and Petition Process 158.12(a)
§ 2814. Fund Manager Decisions.
§ 2814.1. Final Division Decisions.
§ 2814.2. Petition for Board Review and
Response by the Division Chief.
§ 2814.3. Defective Petitions.
§ 2814.4. Action by the Board.
§ 2814.5. Board Workshop and Meeting.
Article 6. Petitions for Site Closure 158.12(b)
§2814.6. Filing of Petition.
§ 2814.7. Action by the Board.
§ 2814.8. Board Workshop and Meeting.
Article 7. Orphan Site Cleanup
Account 158.12(c)
§ 2814.20. Definitions.
§2814.21. Other Definitions.
§2814.22. Types of Grants.
§ 2814.23. Eligible Applicants.
§ 2814.24. Eligibility Requirements.
§ 28 14.25. Grant Conditions and Limitations.
§ 28 14.26. Double Payment.
§ 2814.27.
Priority Ranking.
§ 2814.28.
OSCA Application Requirements.
§2814.29.
Priority List.
§ 2814.30.
General Procedures for Payment.
§ 2814.31.
Bidding Requirements.
§ 2814.32.
Effect of Placement on Priority List
Management of Priority List and
Payments.
§ 2814.33.
Removal from the Priority List and
Resubmission of Applications.
§ 2814.34.
Verification of Applications.
§ 2814.35.
Intentional or Reckless Acts;
Disqualification of Applications.
§ 2814.36.
Overpayment; Repayment.
§ 2814.37.
Appeals.
Chapter 19.
Chapter 20.
Certification Under the
California Pollution Control
Financing Authority Act ...
158.12(j)
Article 1.
Article 2.
§2815.
§ 2816.
§2817.
§2819
§ 2820
§2821
§2822
§2823
§ 2824.
Article 3.
§ 2827.
§ 2828.
§ 2829.
Chapter 20.1.
Standards for the Removal of
Sewage from Vessels I58.i2(j)
General I58.i2(j)
Authority and Purpose.
Definitions.
Application of Regulations.
Design and Construction I58.i2(i)
Pumpout Facility Design and Use.
Prevention of Leakage and Spillage.
Pump Design Requirements.
Storage Tank Design Requirements.
Design Requirements for Piping and
Hoses.
Pumpout Facility Water Supply
Required.
Operation and Maintenance I58.l2(k)
Operation and Maintenance
Instructions.
Prevention of Leakage and Spillage.
Inspection and Maintenance
Requirements.
Designation of Marine Terminals
to Provide Adequate Sewage
Retention Device Pumpout
Article 1.
General Provisions 158 I2(k)
§2831.
General.
§ 2832.
Definitions.
Article 2.
Administrative Procedures I58.l2(k)
§ 2833.
Regional Board Request.
§2833.1.
Contents of Regional Board Request
for Pumpout Facilities.
§ 2833.2.
Notice of Pumpout Facility Need.
§ 2833.3.
Hearings by Regional Boards.
§ 2833.4.
Hearings by State Board.
§ 2834.
Further Procedures.
§2834.1.
Guidelines for Marine Terminal
Selection.
§ 2835.
Installation Time.
§ 2836.
Design, Construction, Operation,
and Maintenance.
Chapter 21.
Certification for Small Business
Concerns Applying for Small
Business Act Loans to Meet
Water Pollution Control
Requirements
Chapter 22.
State Policy for Water Quality
Control
158.13
158.13
Page ix
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
Page
§ 2900. Nondegradation: Statement of
Policy with Respect to Maintaining
High Quality of Waters in
California
§ 2907. Policies and Procedures for
Investigation and Cleanup and
Abatement of Discharges Under
Water Code Section 13304.
§ 2908. Policy for Regulation of Discharges
of Municipal Solid Waste.
§ 2909. Concise Summary of Regulatory
Provisions Amendment to the Water
Control Policy for the Enclosed
Bays and Estuaries of California.
§ 2910. Concise Summary of Regulatory
Policy on Water Quality
Enforcement.
§2911. Summaiy of Containment Zone
Amendment of Resolution No.
92-49: Policies and Procedures for
Investigation and Cleanup and
Abatement of Discharges Under
Water Code Section 1 3304.
§2912. Concise Summary of the Water
Quality Control Policy for Guidance
on Development of Regional Toxic
Hot Spot Cleanup Plans.
§ 291 3. Concise Summary of the
Consolidated Toxic Hot Spots
Cleanup Plan.
§ 2914. Policy for Implementation of Toxics
Standards for Inland Surface Waters,
Enclosed Bays, and Estuaries of
California.
§ 2914.5. Policy for Implementation of Toxics
Standards for inland Surface Waters,
Enclosed Bays, and Estuaries.
§ 2915. Policy for the Implementation and
Enforcement of the Nonpoint
Source Pollution Control Program.
§ 2916. Water Quality Control Policy for
Developing California's Clean
Water Act Section 303(d) List.
§ 2917. Water Quality Control Policy for
Addressing Impaired Waters:
Regulatory Structure and Options.
§ 2918. Policy for Compliance Schedules in
National Pollutant Discharge
Elimination System (NPDES)
Permits.
§ 2919. A Site Specific Exception to the
Sources of Drinking Water Policy
for Old Alamo Creek.
Chapter 23. Water Quality Control Plans 158.16(b)
§ 3000. Inland Surface Waters,
Amendments.
§3001. Enclosed Bays and Estuaries.
Amendments.
§ 3002. Clear and Concise Summary of
Revised Water Quality Control Plan
for the San Francisco
Bay/Sacramento-San Joaquin Delta
Estuary.
§ 3003. Amendments to the Water Quality
Control Plan for Ocean Waters of
California, the "California Ocean
Plan."
§ 3004. Clear and Concise Summary of
Amendments to the California
Ocean Plan Adopted by the State
Water Resources Control Board on
November 16, 2000.
§ 3005.
Clear and Concise Summary of
Amendments to the California
Ocean Plan Adopted by the State
Water Resources Control Board on
January 20, 2005 and April 21 ,
2005.
Chapter 24. Grant and Loan Programs
Article 1. Pesticide Research,
Identification of Source,
158.16(c)
Article 2.
and Mitigation Grant
Program 158.16(c)
§ 3410.
Scope of Regulations.
§3410.1.
Definitions.
§ 3410.2.
Applications.
§ 3410.3.
Evaluation Criteria.
§3410.4.
Selection Process.
§3410.5.
Project Implementation.
Replacing, Removing, or
Upgrading Petroleum
Underground Storage Tanks
Grant and Loan Program 158.16(d)
§ 3420.
Definitions.
§3421.
Grant and Loan Purposes.
§ 3422.
Eligibility.
§ 3423.
Loan Terms.
§ 3424.
Loan Application Content.
§ 3425.
Grant Application Content.
§ 3426.
Loan Application Process.
§ 3427.
Grant Application Process.
§ 3428.
Misrepresentation; Repayment.
Chapter 25. Clean Water Grant Program 158.16(g)
Article 1. General Provisions 158.16(g)
§ 3610. Purpose.
§ 3611. Implementation and Objectives.
§ 3612. Other State and Federal Program
Requirements.
Article 2. Definitions 158.16(g)
§ 3615. Definitions. (In Alphabetical Order)
Article 3. State Project Priority
System 158.16(h)
§ 3618. Development of Regional Board
Project Priority Lists.
Development of Statewide Project
Priority List.
Amendment of Statewide Project
Priority List.
Priority Classes.
Project Ranking.
Restrictions and Adjustments.
Management of the Priority List
Project Removal and Changes.
Direcfion to Prepare a Plan of
Study.
Article 4. Grant Applications 158.17
§ 3630. Step 1: Facilities Planning.
§ 3631. Step 2: Preparation of Construction
Plans and Specifications.
§ 3632. Step 3: Construction of Treatment
Works.
§ 3619.
§ 3620.
§3621.
§ 3622.
§ 3623.
§ 3624.
§ 3625.
§ 3626.
Article 5. Requirements and Limitations
of Treatment Works
§ 3635. Capacity Requirements.
§ 3636. Capacity Funding Limitations.
§ 3637. Treatment Limitations.
158.17
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(7-11-2008)
Title 23
State Water Resources Control Board
Table of Contents
Page
§ 3638. Reclamation Outfall Limitations.
Article 6. Grants Contracts and
Modifications, Payments,
and Grantee
Responsibilities 158.17
Article 7.
Article 8,
Article 9,
Chapter 26.
§ 3642.
State Grant Contract.
§ 3643.
§ 3644.
Project Changes.
Amendment of Grant Contracts.
§ 3645.
§ 3646.
Grant Payments.
Accounting.
§ 3647.
§ 3648.
§ 3649.
§ 3650.
§3651.
Grantee Responsibility.
Operation and Maintenance.
Reservation by State Board.
Application of Regulations.
Interpretation of Regulations.
Review of Action by the
Division
158 18
§ 3655.
Final Decision of the Division.
§ 3656.
Petition for Review by the State
Board.
§ 3657.
Defective Petitions.
§ 3658.
Action by State Board.
Waivers
. 158.18
§ 3659.
Waivers.
Eligible State-Assisted
Projects
158 18
§ 3663.
Funding.
Classification of Wastewater
Treatment Plants and Operator
Certification
158.18
Article 1.
§ 3670.
§ 3670.1.
§ 3670.2.
§ 3671.
Article 2.
§ 3675.
§ 3676.
Article 3.
§ 3680.
General Provisions 158.18
Purpose.
Certification Requirements for
Operation of Wastewater Treatment
Plants.
Certification Requirement for
Operation of Water Recycling
Treatment Plants.
Definitions.
Classification of Wastewater
Treatment Plants and Agency
Reporting Requirements 158.20
Classification of Wastewater and
Water Recycling Treatment Plants.
Reporting Requirements by
Agencies to the Division.
Grades of Operator
Certification for the
Operation of Wastewater
Treatment Plants 158.20
Grades of Operator Certification.
Article 4.
§ 3683.
§ 3684.
§ 3685.
§ 3686.
§ 3687.
§ 3688.
§ 3689.
S 3690.
§ 3691.
§ 3692.
§3692.1
Minimum Qualifications
Education and Experience
Requirements.
Experience Credits.
Educational Points.
High School Equivalence.
Fees.
Issuance and Renewal of
Certificates.
Posting of Certificate.
Reciprocity with Other States.
Certificate Revocation.
Protests and Appeals.
Limitation on Time for Appeal.
158.20
Page
§ 3692.2. Action by Division.
§ 3692.3. Petition for Review by State Board.
§ 3692.4. Defective Petitions.
§ 3692.5. Recommendation by Chief of the
Division.
§ 3692.6. Action by State Board.
Article 5. Examination and
Certification of Wastewater
Treatment Plant Operators 158.22
§ 3700. Application for Examination.
§ 3701. Examinations.
§ 3702. Application for Certification.
§ 3702. 1 . Issuance of Certificates.
§ 3702.2. Application for Certificate Renewal.
§ 3702.3. Issuance of Renewal Certificate.
§ 3702.4. Reinstatement.
§ 3702.5. Replacement.
§ 3703. Posting Certificates.
§ 3704. Reciprocity with Other States.
§ 3705. Advisory Committee.
Article 6. Operators-in-Training 158.25
§ 3707. Employment of an
Operator-in-Training.
§ 3708. Application for
Operator-in-Training Examination
and Certification.
§ 3709. Issuance. Renewal, and
Replacement of
Operator-in-Training Certificates.
Article 7. Prohibited Acts,
Disciplinary Action, and
Appeal Process 158.26
§ 3710. Grounds for Discipline.
§3711. Appeals.
§3712. Action by Division.
§ 3713. Petition for Review by Board.
§ 3714. Defective Pefitions.
§ 3715. Action by Board.
§3716. Appeal of Division Processing
Times.
Article 8. Fees 158.27
§ 3717. Operator and Operator-In-Training
Fees.
Article 9. Advisory Committee 158.27
§ 3718. Advisory Committee Membership
and Responsibilities.
Article 10. Wastewater Treatment Plant
Contract Operators 158.28
§ 3719. Registration Requirement.
§ 3719.10. Term of Registration.
§ 3719.11. Application for Registration.
§ 3719.12. Issuance/Content of Certificate of
Registration.
§3719.13. Renewal of Registration.
§ 3719.14. Issuance/Content of Renewed
Certification of Registration.
§ 37 19. 15. Replacement of Certificate of
Registration.
§ 3719.16. Posting the Certificate of
Registration.
§ 3719.17. Prohibited Acts and Disciplinary
Action.
§3719.18. Appeals.
§ 3719.19. Wastewater Treatment Plant
Contract Operator Registration
Fees.
Chapter 27. Regulations for Imipicmenlalion
of the Environmental Quality
Act of 1970 158.29
Page xi
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
Page
Article 1 . General 158.29
§ 3720. Purpose.
§3721. Definitions.
§ 3722. Compliance with Time Limitations.
§ 3723. Master Environmental As.sessment.
Article 2. Exemptions 158.30
§ 3730. Ministerial Project Exemption.
§ 3733. Waste Discharge Requirements
Under Water Code Chapter 5.5.
Article 3. Applications for Waste
Discharge, Water
Reclamation Requirements,
or Other Entitlements lor
Use 158.30
§ 3740. Submission of Information.
§ 3741 . Additional Information
Requirements.
§ 3742. Denial or Limitation of
Requirements.
Article 4. Applications for Funding 158.31
§ 3750. Submission of Information.
§ 3751 . Limitation of Funding
Article 5. Processing of Environmental
Documents 158.33
§ 3760. Time Limits in Action by
Responsible Agency.
§ 3761 . Determination As to Completeness
of Application.
§ 3762. Availability of Environmental
Documents.
§ 3763. Public Participation and Hearings.
§ 3764. Charges for Preparation of
Environmental Documents.
Article 6. Exempt Regulatory Programs 158.33
§ 3775. Applicability.
§ 3776. Documentation Required for
Issuance of a Permit, License.
Certificate, or Other Entitlement for
Use.
§ 3777. Documentation Required for
Adoption or Approval of Standards,
Rules, Regulations, or Plans.
§ 3778. Consultation.
§ 3779. Response to Comments.
§ 3780. Approval.
§3781. Notice of Decision.
§ 3782. Exempt Regulatory Programs.
Appendix A 158.34
Appendix B 158.35
Appendix C 158.35
Chapter 28. Certifications 158.36
Article 1. General Provisions 158.36
§ 3830. Purpose and Review of Regulations.
§3831. Definitions.
§ 3832. Number of Copies.
§ 3833. Application Fees and Refunds.
§ 3833. 1 . Annual Fees for FERC Licensed
Hydroelectric Projects.
§ 3834. Amendments to Applications.
§ 3835. Complete, Incomplete, and Valid
Applications.
§ 3836. Additional Information.
§ 3837. Denial of Certification.
§ 3838. Authority of Executive Director,
Executive Officers, and Regional
Boards.
Article 2. Tax Certifications 158.39
§3841.
Application Forms; Comphance
with Federal Regulations.
Article 3,
Article 4.
Article 5.
§ 3842.
Filing of Application.
§ 3843.
Reports of Waste Discharge.
§ 3844.
Regional Board Action.
§ 3845.
Issuance of Certification.
Small Business
Certifications
§ 3848.
Federal Regulations; Delegaticn.
§ 3849.
Filing of Applications.
§ 3850.
Content of Applications.
§3851.
Review and Issuance of
Certifications.
§ 3852.
Utilization of Certification.
Water Quality Certification
§ 3855.
Filing of Application.
§ 3856.
Contents of a Complete
Application.
§ 3857.
Waste Discharge Requirements.
§ 3858.
Public Notice and Hearings.
§ 3859.
Action on an Application.
§ 3860.
Standard Conditions.
§3861.
Water Quality Certification for
Classes of Acfivities.
Pollution Control
Certifications
158.39
158.40
§ 3862.
§ 3863.
§ 3864.
Article 6.
§ 3867.
§3867.1.
§ 3868.
§ 3869.
158.42
Filing of Applications.
Contents of Application.
Review of Applications, Issuance of
Certifications.
Petitions to State Board 158.42
Petitions for State Board
Reconsideration.
Response to Complete Petitions.
Defective Petitions.
Action on a Petition.
Chapter 29. Contracting with Private
Architectural, Landscape
Architectural, Engineering,
Environmental, Land Surveying,
or Construction Project
Management Firms
158.43
§ 3870.
§3871.
§ 3872.
§ 3873.
§ 3874.
§ 3875.
§ 3876.
§ 3877.
§ 3878.
§ 3879.
§ 3880.
Definitions.
Establishment of Criteria.
Announcement.
Selection of Qualified Firms.
Estimate of Value of Services.
Contract Negotiation.
Statewide Participation Goals.
Contract Amendments.
Contracting in Phases.
Prohibited Practices.
Application of Chapter.
Chapter 30.
Article 1.
Article 2.
Electronic Submittal of
Information
158.46
3890.
§3891.
§ 3892.
§ 3893.
§ 3894.
§ 3895.
General Provisions 158.46
General Intent, Content, and
Applicability of Regulations.
Electronic Submittal of
Information 158.46
Definifion of Terms.
Reports.
Electronic Submittal of Reports.
Timing of Electronic Reporting
Requirements.
Submittal of Alternate Forms of
Reports.
Page xii
(7-11-2008)
Title 23
State Water Resources Control Board
§ 644.4
Division 3. State Water Resources Control
Board and Regional Water Quality Control
Boards
Chapter 1. General Provisions
Article 1. Definitions
§ 640. Definitions.
(a) "Board" when used in this chapter and chapter 1.5. unless other-
wise designated, means either the State Water Resources Control Board
or any California Regional Water Quality Control Board.
(b) "State Board" when used in this chapter and chapter 1.5 means the
State Water Resources Control Board.
(c) "Regional Board" when used in this division means any California
Regional Water Quality Control Board.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13203, Water Code.
History
1 . Renumbering of Subchapter 1 (from Sections 600-649, not consecutive, to Sub-
chapter 1, Sections 640-645.9, not consecutive — see Cross Referencing Table
preceding Detailed Analysis filed 5-23-79 as procedural and organizational;
effective upon filing (Register 79, No. 21).
2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
3. Amendment of division heading and repealer and new section filed 3-26-98 as
an interim regulation pursuant to Government Code section 1 1400.20; opera-
tive 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless
earlier amended or repealed.
4. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of pennanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Article 2. Purpose, Use and Effect of
Regulations
§ 641 . Purpose.
The regulations contained in this chapter are adopted for the purpose
of implementing and carrying out provisions of Parts 1 , 2, 3, 5 and 5. 1
of Division 2, Part 2 of Division 6, Division 7 and Division 7.5 of the Wa-
ter Code.
Note-. Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
185 and 1058, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
3. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
§641.1. Use and Effect.
Note: Authority and reference cited: Section 1058, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Repealer filed 8-6-81 ; effective thirtieth day thereafter (Register 81, No. 32).
Article 4. Meeting Notice and Agenda
Requirements
NOTE: Authority cited: Section 1058. Water Code. Reference: Section 1 1 125.
Government Code.
History
1 . New Article 4 (Sections 620-623) filed 3-8-74; effective thirtieth day thereaf-
ter (Register 74, No. 10).
2.RepealerofArticle4(Sections643-643.3) filed 12- 1-80: effective thirtieth day
thereafter (Register 80, No. 49).
Article 3. Official Records
NOTH: Authority and reference cited: Section 1058, Water Code.
History
1. Repealer of Article 3 (Sections 642 and 642.1) filed 8-6-81 ; effective thirtieth
day thereafter (Register 81, No. 32). For prior history, see Register 60, No. 5.
Article 5. Conflict of Interest
§ 644. State Board Membership.
Pursuant to Water Code Section 13388, no person shall he a member
of the State Board if he receives or has received during the previous two
years a significant portion of his income directly or indirectly from any
person subject to waste discharge requirements or an applicant for waste
discharge requirements under the provisions of Chapter 5.5, Division 7,
California Water Code (NPDES permits).
NOTE: Authority cited: Section 1058, Water Code. Reli-rence: Section 11125,
Government Code.
History
1 . New Article 5 (Sections 625-631 ) filed 5-22-75; effective thirtieth day thereaf-
ter (Register 75, No. 21).
§ 644.1 . Regional Water Quality Control Board
Membership.
Pursuant to Water Code Section 13388, no person shall be a member
of a Regional Board if he receives or has received during the previous two
years a significant portion of his income directly or indirectly from any
person subject to waste discharge requirements or an applicant for waste
discharge requirements under the provisions of Chapter 5.5, Division 7.
California Water Code (NPDES permits).
NOTE: Authority cited: Sections 1058, 13370 and 13371, Water Code. Reference:
Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 3.3 IJSC
Section 1314(i)(2)(D) and 40 CHI Section 123.25(c)(l)(i), (ii), (iii), (iv) and
(c)(2).
History
1. New NOTE filed 10-1-85; effecti\e thirtieth day thereafter (Register 85, No.
40).
§ 644.2. Significant Portion of Income.
The term "significant portion of his income" shall mean ten percent of
gross personal income for a calendar year except that it shall mean 50 per-
cent of gross personal income for a calendar year if the recipient is over
60 years of age and is receiving such portion pursuant to retirement, pen-
sion or similar arrangement.
NOTE: Authority cited: Sections 1058, 13370and 13371, Water Code. Reference:
Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D). 33 USC
Section 13 14(i)(2)(D) and 40 CHi Section 123.25(c)(l)(ii).
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 644.3. Persons Subject to Requirements and Applicant.
The terms "persons subject to waste discharge requirements" and
"applicant for waste discharge requirements" shall apply only to persons
regulated under Chapter 5.5, Division 7, California Water Code (NPDES
permits) but shall not include any department or agency of the state gov-
ernment including the University of California and the State University
and Colleges.
NOTE: Authority cited: Sections 1058, 1.3370and 13371. Water Code. Reference:
Sections 13388, Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC
Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(l )(iii).
History
1. New NOTE filed 10-1-85; effective thirtieth dav thereafter (Register 85, No.
40).
§ 644.4. Income.
The word "income" includes, but is not limited to, retirement benefits,
consultant fees, and stock dividends.
Page 41
Register 2007, No. 18; 5-4-2007
§ 644.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTK: Authority cited: Sections 1 058, 1 3370 and 1 337 1 , Water Code. Reference:
Sections 1 3388. Water Code: and Clean Water Act Section 304(i)(2)(D), 33 USC
Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)( 1 )(iv).
History
1. New NOTK filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 644.5. Direct or Indirect Income.
Income is not received "directly or indirectly" which is derived from
mutual fund payments, or from other investments which are so diversi-
fied that the recipient does not know the identity of the primary sources
of income.
NOTE; Authority cited: Sections 1058. 13370and 13371, Water Code. Reference:
Sections 1 3388. Water Code; and Clean Water Act Section 304(i)(2)(D), 33 USC
Section 1314(i)(2)(D) and 40 CFR Section 123.25(c)(2).
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85. No.
40).
§ 644.6. Board Member's Statement of Employment.
By July 15, 1 975, and by April 30 ofeach year thereafter, each member
of the State Board and each memberof a Regional Water Quality Control
Board shall file with the Executive Director of the State Board a state-
ment under penalty of perjury containing the following information:
(a) The names of any persons who are applicants for waste discharge
requirements, or who are subject to waste discharge requirements, from
which the Board member has received any income.
(b) If the total of income from persons listed under (a) is in excess of
ten percent of his gross personal income for the current year or for either
of the two previous calendar years.
(c) If the Board member is over 60 years of age, whether the total of
income from persons listed under (a) from retirement, pension or similar
arrangement is in excess of 50 percent of his gross personal income for
the current year or for either of the two previous calendar years.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
111 25, Government Code, Section 13388, Water Code.
History
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Recister 81, No.
32). ^
Article 6. State Water Resources Control
Board — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1409(a). that the printing of the regulations constituting the Con-
flict of Interest Code is impractical and these regulations being of limited
and particular application, these regulations are not published in full in
the California Code of Regulations. The regulations are available to the
public for review or purchase at cost at the following locations:
STATE water RESOURCES CONTROL BOAKD
PERSONNta. OFITCER
1001 1 stri-:i-;t. isth h.oor
P.O. BOX 100 [9.5812-0100]
SACRAMENTO, CAITFORNIA, 95X14
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET. SUITE 620
SACRAMENTO. CALIFORNIA 95814
ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO. CALIFORNIA 95814
The Conflict of Interest Code is designated as Article 6, Chapter 1 , Di-
vision 3 of Title 23 of the California Code of Regulations and consists of
sections numbered and titled as follows:
Article 6
est Code
Section
645.
State Water Resources Control Board — Conllicl of Inter-
General Provisions
Appendix
NOTE: Authority cited: Sections 87300 and 87304. Government Code. Reference:
Section 87300 et seq.. Government Code.
History
1 . New article 6 (sections 640-649) filed 2-14-78; effective thirtieth day thereaf-
ter. Approved by Fair Political Practices Commission 6-8-77 ( Register 78. No.
7).
2. Amendment filed 1 1-2-79; effective thirtieth day thereafter. Approved by Fair
Political Practices Commission 6-5-79 (Register 79. No. 44).
3. Repealer of article 6 (sections 645-645.9) and new article 6 (section 645 and
Appendix) filed 2-26-81 ; effective thirtieth day thereafter. Approved by Fair
Political Practices Commission 1-12-81 (Register 81. No. 9).
4. Amendment of Appendix filed 2-24-93; operative 3-26-93. Approved by Fair
Political Pracfices Commission 1 1-13-92 (Register 93. No. 9).
5. Editorial coiTection of printing errors updating addresses (Register 94. No. 3).
6. Amendment of addresses and Appendix filed 2-14-94; operative 3-16-94.
Submitted to OAL for printing only. Approved by Fair Political Practices Com-
mission 12-28-93 (Register 94. No. 7).
7. Amendment of general provisions, addresses and Appendix filec 1-9-96; op-
erative 2-8-96. Submitted to OAL for printing only. Approved by Fair Political
Practices Commission 10-31-95 (Register 96, No. 2).
8. Amendment of Appendix filed 12-9-97; operative 1-8-98. Appi'oved by Fair
Political Practices Commission 10-31-97 (Register 97, No. 50).
9. Amendment of Appendix filed 12-31-99; operative 1-30-2000. Approved by
Fair Political Practices Commission 1 1-5-99 (Register 99, No. 53).
10. Amendment of section and Appendix filed 4-17-2002; operative 5-17-2002.
Approved by Fair Political Practices Commission 2-8-2002. For prior history
of former article 7 (section 645), "'Verification of Alien Eligibilit^'," see Regis-
ters 2000, No. 5; 99, No. 2; 98, No. 37 and 98, No. 20 (Register 2002, No. 16).
1 1 . Change without regulatory effect ainending address filed 9-25-2002 pursuant
to section 100, title 1, Cahfomia Code of Regulations (Register 2002. No. .39).
12. Amendment of Appendix filed 5-17-2005; operative 6-16-2005. Approved
by Fair Political Practices Commission 3-8-2005 (Register 2005, No. 20).
13. Amendment of Appendix filed 5-1-2007; operative 5-31-2007. Approved by
Fair Political Practices Commission 2-26-2007 (Register 2007, No. 18).
Chapter 1.5. Rules of Practice and
Procedure
Article 1 . Meetings
§ 647. Purpose.
Provisions of this article are intended to govern procedures of the State
Water Resources Control Board (State Board) and the Regional Water
Quality Control Board (Regional Boards) in public meetings of the State
and Regional Boards. This subchapter is intended to establish minimum
requirements of practice and procedure. It is a supplement to the require-
ments of Article 9 (commencing with Section 1 1 120), Chapter 1, Part 1,
Division 3 of the Government Code, also known as the Bagley Act. To
the extent that other sections of this chapter establish more detailed and
specific procedures, those sections shall apply. Unless otherwise speci-
fied, use of the word "Board" in this subchapter shall mean both the State
Board and the Regional Boards.
NOTE: Authority cited: Sections 185 and 1058. Water Code. Reference: Sections
1 1 120, et seq.. Government Code.
History
1. New Subchapter 1.5 (Articles 1-4, Sections 647-649.6).
§647.1. Scheduling.
State and Regional Boards shall meet at least six times a year. Addi-
tional meetings may be held at any time.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
11 120, et seq.. Government Code.
Page 42
Register 2007, No. 18; 5-4-2007
Title 23
State Water Resources Control Board
^64H
§ 647.2. Notice and Agenda Requirements.
(a) Purpose. Government Code Section 1 1 125 requires state agencies
to provide notice at least one week in advance of any meeting to any per-
son who requests such notice in writing except that emergency meetings
may be held with less than one week's notice when such meetings are
necessary to discuss unforeseen emergency conditions as defined by
published rule of the agency. The purpose of this section is to establish
procedures for compliance with Government Code Section 1 11 25 by the
State Board and the Regional Boards.
(b) Contents of Meeting Notice. The notice for all meetings of the State
Board and Regional Boards shall specify the date, time and location of
the meeting and include an agenda listing all items to be considered. The
agenda shall include a description of each item, including any proposed
action to be taken.
(c) Time of Notice. Notice shall be given at least one week in advance
of the meeting. When the notice is mailed, it shall be placed in the mail
at least eight days in advance of the meeting.
(d) Emergency Conditions. The provisions of this section do not apply
when an item must be considered or a meeting held because of unfore-
seen emergency conditions. Unforeseen emergency conditions exist
when there have been unexpected circumstances requiring immediate
action by the State Board or Regional Boards to regulate the water re-
sources of the state so as to protect the public health, welfare, or safety.
It is not necessary that the emergency conditions be such that they could
not have been anticipated or prepared for but only that in the normal
course of events they would seldom be expected. Notice of such consid-
eration or meeting shall be given by mail, telephone, telegram, or other
available means to persons known to be interested in the matter.
(e) Distribution. Notice shall be given to all persons directly affected
by proceedings on the agenda and to all persons who request in writing
such notice. Notice shall be given to any person known to be interested
in proceedings on the agenda.
(f) Uncontested Items Calendar. The agenda may include an item des-
ignated "the uncontested items calendar."
( 1 ) The uncontested items calendar shall include only those matters for
which there appears to be no controversy.
(2) At the request of any Board member or other interested person, any
matter shall be removed from the uncontested items calendar and may be
considered at the same meeting as a separate item of business.
(3) Late revisions and/or corrections to items on the uncontested items
calendar shall be specified for inclusion prior to considering a vote on the
uncontested items calendar. If such revisions constitute a significant
change in the proposed action on any item, action shall be deferred until
a later meeting of the Board.
(4) After an opportunity for requests to remove any matters from the
uncontested items calendar has been given, a vote shall be taken on the
uncontested items calendar. Upon a vote to approve the uncontested
items calendar, each matter on the uncontested items calendar shall be
approved and shall have the same force and effect as it would have if ap-
proved as a separate agenda item.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
1 11 25, Government Code.
§ 647.3. Public Comments.
(a) Any person may submit comments in writing on any agenda item.
Any person submitting such comments shall provide the Board with a
copy of the comments in advance of the meeting at which it is to be con-
sidered. Such comments may be inspected by any interested person.
(b) Persons present shall be given an opportunity to make relevant oral
comments on any agenda item; provided, however, that the Chairperson
or other presiding member may limit or preclude such comments as nec-
essary for the orderly conduct of business. The provisions of this section
are limited to meetings and shall not apply to adjudicatory hearings as de-
fined and provided for in Article 2.
NoTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
1 1 120, et seq.. Government Code.
§ 647.4. Recording of Meetings.
(a) State and Regional Board public meetings shall be recorded by
stenographic reporter or electronic recording or both. Such recc^rdings
shall be available for public review and copying at the appropriate State
or Regional Board office.
(b) The cost of copying the record of any meeting shall be borne by the
requester. Staffing needs may require that copying be performed at
another location by persons other than the staff of the Board.
(c) The recordings shall be retained for the period of time required by
applicable law governing the retention of records of state agency public
proceedings, or until conclusion of administrative or judicial proceed-
ings, whichever is later.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
1 1 120, et seq.. Government Code.
§ 647.5. Minutes of Meetings.
(a) The State and Regional Boards shall keep minutes of their meet-
ings.
(b) Minutes shall be approved by each Board.
(c) Approved minutes shall be the official record of actions taken at
any meeting.
NOTE: Authority cited: Sections 1 85 and 1058, Water Code. Reference: Sections
1 1 120, et seq.. Government Code.
Article 2. Adjudicative Proceedings
§ 648. Laws Governing Adjudicative Proceedings.
(a) For purposes of this article, "adjudicative proceeding" means an
evidentiary hearing for determination of facts pursuant to which the State
Board or a Regional Board formulates and issues a decision.
(b) Incorporation of Applicable Statutes. Except as otherwise pro-
vided, all adjudicative proceedings before the State Board, the Regional
Boards, or hearing officers or panels appointed by any of those Boards
shall be governed by these regulations, chapter 4.5 of the Administrative
Procedure Act (commencing with secfion 11400 of the Government
Code), sections 801-805 of the Evidence Code, and secfion 11513 of the
Government Code.
(c) Portions of Administrative Procedure Act Not Applicable. The fol-
lowing articles and sections of chapter 4.5 of the Administrative Proce-
dure Act (commencing with secfion 1 1400 of the Government Code) are
specifically not included in the procedures governing the conduct of
hearings before the State Board, any of the Regional Boards, or hearing
officers or panels appointed by those Boards:
Article 8. Language Assistance (except that the procedures for lan-
guage assistance shall apply to an adjudicative proceeding pursuant to
Article 6 [commencing with secfion 25299.50] of Chapter 6.75 of Divi-
sion 20 of the Health and Safety Code)
Article 13. Emergency Decision
Article 1 4. Declaratory Decision
Article 16. Administrafive Adjudication Code of Ethics
Except as provided in subdivision (b) of this section, chapter 5 of the
Administrafive Procedure Act (commencing with secfion 11500 of the
Government Code) does not apply to hearings before the State Board,
any of the Regional Boards, or hearing officers or panels appointed by
those Boards.
(d) Waiver of Nonstatutory Requirements. The presiding officer may
waive any requirements in these regulations pertaining to the conduct of
adjudicative proceedings including but not limited to the introduction of
evidence, the order of proceeding, the examination or cross-examination
of witnesses, and the presentafion of argument, so long as those require-
ments are not mandated by state or federal statute or by the state or federal
consfitutions.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183, 13263 and 13378, Water Code.
History
1 . Amendment of article 2 heading and repealer and new section filed 3-26 98 as
an interim regulation pursuant to Govemmcnt Code section 1 1400.20; opera-
Page 43
Register 2003, No. 14; 4-4-2003
§ 648.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
live 3-26-98 (Register98, No. 13). Interim regulations expire 12-31-98 unless
earlier amended or repealed.
2. Pursuant to Govemment Code section 1 1400.20(b)(2). interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1 -1 2-99; resubmitted
by the State Water Resources Control Board on 3- 1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
3. Amendment of subsection (c) filed 4-1-2003; operative 5-1-2003 (Register
2003. No. 14).
§ 648.1 . Parties and Other Interested Persons.
(a) The party or parties to an adjudicative proceeding before the Board
shall include the person or persons to whom the agency action is directed
and any other person whom the Board determines should be designated
as a party. The hearing notice may specify a procedure for designation
of the parties to a particular adjudicative proceeding.
(b) In a water right proceeding, the party or parties shall include the
water right applicant or petitioner, persons who have filed unresolved
protests, persons who have filed unresolved objections to a temporary
change petition, persons who have filed an unresolved written complaint
with the Board concerning the subject matter of the hearing, and any oth-
er persons who are designated as parties in accordance with the proce-
dure specified in the hearing notice.
(c) Persons who fail to comply with the procedural requirements speci-
fied in the hearing notice for participation as parties in a proceeding may
be dismissed as parties to the proceeding.
(d) The Board or presiding officer may provide an opportunity for pre-
sentation of policy statements or comments, either orally or in writing,
by interested persons who are not participating as parties in the proceed-
ing. Persons presenting nonevidentiary policy statements will not be sub-
ject to cross-examination but may be asked to respond to clarifying ques-
tions from the Board, staff, or others, at the discretion of the Board or
presiding officer. The criteria and procedures applicable to participation
in a Board adjudicative proceeding as an interested person may be estab-
lished in the hearing notice or by the presiding officer. Interested persons
will not normally be required to serve copies of their statements on the
parties to the proceeding nor will they normally be allowed to participate
in cross-examination. The hearing nofice may require that any written
policy statements proposed to be submitted to the Board, be submitted
prior to the hearing. If the requirement for prior submittal of policy state-
ments applies to persons who address the Board or a subcommittee of the
Board at a meeting subject to the Bagley-Keene Open Meeting Act (ar-
ticle 9 [commencing with section 11110] of chapter 1 of ardcle 1 of divi-
sion 3 of title 2 of the Govemment Code), the requirement should be in-
cluded in the notice of the meeting. Interested persons are not entitled to
receive service of exhibits, testimony, or other documents served on the
parties to the proceeding unless specifically so provided in the hearing
notice or by the presiding officer.
NOTH: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183, 13263, and 13378, Water Code.
History
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Govemment Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Govemment Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-3 1-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§ 648.2. Official Notice.
The Board or presiding officer may take official notice of such facts
as may be judicially noticed by the courts of this state. Upon notice to the
parties, official notice may also be taken of any generally accepted tech-
nical or scientific matter within the Board's field of expertise, provided
parties appearing at the hearing shall be informed of the matters to be not-
iced. The Board or presiding officer shall specify the matters of which
official notice is to be taken. ParUes shall be given a reasonable opportu-
nity on request to refute officially noticed technical or scientific matters
in a manner to be determined by the Board or presiding officer.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183, 13263 and 13378, Water Code.
History
1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Govemment Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13).
Interiin regulations expire 12-31-98 unless eailier amended or repealed.
2. Pursuant to Governinent Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99: resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retaiy of State on 3-31-99. effective upon filing (Register 99, No. 14).
§ 648.3. Evidence by Reference.
Public records of the Board that are relevant to the subject of the hear-
ing, and books, reports, and other evidence that have been prepared and
published by a public agency, if otherwise admis.sible, may in the discre-
tion of the Board be received in evidence as exhibits by reference without
the necessity of supplying copies to the Board and other parties, provided
the original or a copy is in the possession of the Board and the specific
file folder or other exact location where it can be found is identified. The
party offering an exhibit by reference shall designate the parlicular por-
tions on which the party relies. Each exhibit shall be appropriately identi-
fied and designated in the record as an exhibit of the party offering the
exhibit or an exhibit of Board staff.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183, 13263 and 13378, Water Code.
History
1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Govemment Code section 1 1400.20: operaUve 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-1 2-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed v/ith the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§ 648.4. Identification of Witnesses; Presubmission and
Presentation of Testimony and Exhibits.
(a) It is the policy of the State and Regional Boards to discourage the
introducfion of surprise testimony and exhibits.
(b) The hearing notice may require that all parties intending to present
evidence at a hearing shall submit the following information to the Board
prior to the hearing: the name of each witness whom the party intends to
call at the hearing, the subject of each witness' proposed testimony, the
estimated time required by the witness to present direct testimony, and
the qualifications of each expert witness. The required information shall
be submitted in accordance with the procedure specified in the hearing
notice.
(c) The hearing notice may require that direct testimony be submitted
in writing prior to the hearing. Copies of written testimony and exhibits
shall be submitted to the Board and to other parfies designated by the
Board in accordance with provisions of the hearing notice or other writ-
ten instructions provided by the Board. The hearing notice may require
multiple copies of written testimony and other exhibits for use by the
Board and Board staff. Copies of general vicinity maps or large, nontech-
nical photographs generally will not be required to be submitt(;d prior to
the hearing.
(d) Any witness providing written testimony shall appear at the hear-
ing and affirm that the written testimony is true and correct. Written testi-
mony shall not be read into the record unless allowed by the presiding
officer.
(e) Where any of the provisions of this section have not been complied
with, the presiding officer may refuse to admit the proposed testimony
or the proposed exhibit into evidence, and shall refuse to do so where
there is a showing of prejudice to any party or the Board. This rule may
be modified where a party demonstrates that compliance would create se-
vere hardship.
Page 44
Register 2003, No. 14; 4-4-2003
Title 23
State Water Resources Control Board
5} 648.8
(0 Rebuttal testimony generally will not be required to be submitted
in writing, nor will rebuttal testimony and exhibits be required to be sub-
mitted prior to the start of the hearing.
Noii;-. Authority cited: Sections 185 and 1058, WaterCode. Reference: Sections
183. 13263 and 13378, Water Code.
History
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3- 1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§ 648.5. Order of Proceedings.
(a) Adjudicative proceedings shall be conducted in a manner as the
Board deems most suitable to the particular case with a view toward se-
curing relevant information expeditiously without unnecessary delay
and expense to the parties and to the Board. Adjudicative proceedings
generally will be conducted in the following order except that the chair-
person or presiding officer may modify the order for good cause:
( 1 ) An opening statement by the chairperson, presiding member, or
hearing officer, summarizing the subject matter and purpose of the hear-
ing;
(2) Identification of all persons wishing to participate in the hearing;
(3) Administration of oath to persons who intend to testify;
(4) Presentation of any exhibits by staff of the State or Regional Board
who are assisting the Board or presiding officer;
(5) Presentation of evidence by the parties;
(6) Cross-examination of parties' witnesses by other parties and by
Board staff assisting the Board or presiding officer with the hearing;
(7) Any permitted redirect and recross-examination;
(b) Questions from Board members or Board counsel to any party or
witness, and procedural motions by any party shall be in order at any
time. Redirect and recross-examination may be permitted.
(c) If the Board or the presiding officer has determined that policy
statements may be presented during a particular adjudicative proceeding,
the presiding officer shall determine an appropriate time for presentation
of policy statements.
(d) After conclusion of the presentation of evidence, all parties appear-
ing at the hearing may be allowed to present a closing statement.
NOTE: Authority cited: Sections 185 and 1058, WaterCode. Reference: Section
1 1 126, Government Code.
History
1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§ 648.5.1 . Rules of Evidence.
Adjudicative proceedings will be conducted in accordance with the
provisions and rules of evidence set forth in Government Code section
11513. Hearsay evidence is admissible subject to the provisions of Gov-
ernment Code section 11513.
NotK; Authority cited: Secrions 185 and 1058, WaterCode. Reference: Sections
183, 13263 and 13378, WaterCode.
History
1 . New section filed 3-26-98 as an interim regulation pursuant to Government
Code section 1 1400.20; operafive 3-26-98 (Register 98, No. 13). Interim regu-
lations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations ex-
tended to .3-3 1-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent reguladons disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effecfive upon filing (Register 99, No. 14).
§ 648.6. Alternative Dispute Resolution.
Pursuant to article 5, commencing with section 1 1420.10, of chapter
4.5 of the Administrative Procedure Act, the State Board or any Regional
Board may refer a dispute in a proceeding before it to mediation or non-
binding arbitration to resolve any adjudicative issues pending before it.
Under no circumstances may any Board refer an issue to arbitration that
is binding upon it with respect to adjudicative issues pending before that
Board.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
11420.10, Government Code; and Sections 183, 13263 and 13378, WaterCode.
History
1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20: operative 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulalions ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1 25 98.
Adoption ofpermanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§ 648.7. Informal Hearings.
Unless the hearing notice specifies otherwise, the presiding officer
shall have the discretion to determine whether a matter will be heard pur-
suant to the informal hearing procedures set forth in article 1 0. commenc-
ing with section 1 1445.20, of chapter 4.5 of the Administrative Proce-
dure Act.
Among the factors that should be considered in making this determina-
tion are:
The number of parties.
The number and nature of the written comments received.
The number of interested persons wishing to present oral comments
at the hearing.
The complexity and significance of the issues involved, and
The need to create a record in the matter.
An objection by a party, either in writing or at the time of the hearing,
to the decision to hold an informal hearing shall be resolved by the presid-
ing officer before going ahead under the informal procedure. Failure to
make a timely objection to the use of informal hearing procedures before
those procedures are used will constitute consent to an informal hearing.
A matter shall not be heard pursuant to an informal hearing procedure
over fimely objection by the person to whom agency action is directed
unless an informal hearing is authorized under subdivision (a), (b), or (d)
of section 1 1445.20 of the Government Code.
NOTE: Authority cited: Sections 185 and 1058, WaterCode. Reference: Sections
183, 13263 and 13378, WaterCode.
History
1 . Repealer and new secfion filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20; operative 3-26-98 (Register 98. No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption ofpermanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
§ 648.8. Enforcement Orders and Sanctions.
(a) The presiding officer or Board shall have the power to impose sanc-
tions as specified in Sections 1 1455. 10 and 1 1455.30 of the Government
Code.
(b) If the Board cites a person for contempt for any of the actions listed
in Section 1 1455.10 of the Government Code, then the matter shall be
certified to the superior court for contempt proceedings without further
review by the Board. If the Board orders payment of costs pursuant to
Secfion 1 1455.30 of the Government Code, then the order is effective
upon issuance.
(c) Board Review of Enforcement Orders and Sanctions Imposed by
Hearing Officers and Hearing Panels.
( 1 ) If the presiding officer is a Board member or other hearing officer
or hearing panel authorized by the Board to conduct the hearing, a cita-
tion for contempt issued pursuant to Section 1 1455. 1 of the Government
Code or an order for payment of costs issued pursuant to Section
Page 45
Register 2003, No. 14; 4-4-2003
§649
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
1 1455.30 of the Government Code is subject to review by the Board as
provided in this subdivision.
(2) The person or persons subject to the citation or order may request
a hearing before the Board within 1 days of entry of the citation or order.
The hearing will take place at the next regularly scheduled meeting of
that Board, subject to the limitations of the Bagley-Keene Open Meeting
Act (Article 9 [commencing with Section 1 1 120] of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code). If the Board determines
that the actions listed in Section 1 1455.10 of the Government Code oc-
curred, then the matter shall be certified to the superior court for contempt
proceedings. The Board may affirm, set aside, or modify as appropriate
an order entered to pay reasonable expenses pursuant to the provisions
of Section 1 1455.30 of the Government Code.
(3) If the person or persons subject to a citation or order fails to request
a hearing before the Board within 1 days of entry of the citation or order,
then the citation or order is final and subject to enforcement pursuant to
Sections 1 1455.20 and 1 1455.30 of the Government Code.
(d) A determination by a Regional Board pursuant to this section is not
subject to review by the State Board under Water Code Section 13320.
NOTi:: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183, 13263 and 13378, Water Code.
History
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20; operative 3-26-98 (Register 98. No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted
by the State Water Resources Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Article 3.
Rulemaking and Informational
Proceedings
§ 649. Scope.
(a) "Rulemaking proceedings" shall include any hearings designed for
the adoption, amendment, or repeal of any rule, regulation, or standard
of general application, which implements, interprets or makes specific
any statute enforced or administered by the State and Regional Boards.
(b) "Informational proceedings" shall include any hearings designed
to gather and assess facts, opinions, and other information relevant to any
matters within the jurisdiction of the Boards and whose primary purposes
are to assist the Boards in the formulation of policy or guidelines for fu-
ture Board action; to inform the public of Board policies, reports, orders,
plans, or findings; and to obtain public comment and opinion with respect
to such policies, reports, orders, plans, or findings, or to adopt such poli-
cies, reports, orders plans, or findings.
NOTE; Authority cited: Sections 185 and 1058, Water Code. Reference: Section
183, Water Code, and Sections 1 1340 et seq.. Government Code.
§ 649.1. Rulemaking Proceedings.
Proceedings to adopt regulations, including notice thereof, shall, as a
minimum requirement, comply with all applicable requirements estab-
lished by the Legislature (Government Code Section 1 1 340, et seq.). This
section is not a limitation on additional notice requirements contained
elsewhere in this chapter.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
183, Water Code, and Sections 1 1340 et seq.. Government Code.
§ 649.2. Notice of Informational Proceedings.
The notice of informational proceedings shall include:
( 1 ) A statement of the nature and purpose of the proceedings;
(2) A statement of the time, date, and place of each proceeding.
Notice of informational proceedings shall, as a minimum requirement,
comply with applicable requirements of Section 647.2. This section is
not a limitation on additional notice requirements contained elsewhere
in this chapter.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
183, Water Code, and Sections 1 1340 et seq.. Government Code.
§ 649.3. Order of Procedure.
Rulemaking or informational proceedings shall be conducted in the
following order; provided, however, that the Chairperson or presiding
member may modify the order for good cause:
(1) An opening statement by the Chairperson or presiding member
summarizing the subject matter and purpose of the proceeding.
(2) Presentation of comments or evidence by the staff of the Regional
or State Board.
(3) Presentation of comments or evidence by interested persons.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
1 83, Water Code, and Sections 1 1340 et seq.. Government Code.
§ 649.4. Prepared Written Evidence.
The State or Regional Board may require that prepared vv-ritten testi-
mony or other evidence be subinitted in advance of any rulemaking or
informational proceeding for the purpose of the orderly consideration of
issues at the proceeding.
NOTE: Authority cited: Sections 185 and 1058. Water Code. Reference: Section
183, Water Code, and Sections 1 1340 et seq.. Government Code.
§ 649.5. Questioning.
Questions from Board members, staff or legal counsel are in order at
any time. Persons wishing to have prior evidence or comments clarified
should request the Chairperson, presiding member, or hearing officer, to
obtain the answer or clarification. The Chairperson, presiding member,
or hearing officer, may allow additional answers to be given as appropri-
ate based on, but not limited to, the following considerations:
(1 ) The need to accommodate all the various interests within the time
allotted for the proceeding;
(2) The area of inquiry to be pursued by further questioning;
(3) The adequacy of questioning already provided in covering the area
of inquiry; and
(4) The alternative of permitting the questions to be submitted in writ-
ing, with such questions and answers becoming part of the record.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
183, Water Code, and Sections 1 1340 et seq.. Government Code.
Article 4. Subpoenas
§ 649.6. Subpoenas.
(a) Upon its own motion or upon request of any person, the Board may
issue subpoenas and subpoenas duces tecum for attendance at a proceed-
ing and for production of documents at any reasonable dme and place or
at a hearing.
(b) Article 11 (commencing with section 11450.05) and ardcle 12
(commencing with section 1 1455.10) of chapter 4.5 of part 1 of division
3 of title 2 of the Government Code shall apply to the issuance of a sub-
poena or subpoena duces tecum in an adjudicative proceeding. The
Board may also compel attendance, testimony, or the production of evi-
dence as provided in article 3 (commencing with section 1090) of chapter
3 of part 1 of division 2 of the Water Code.
(c) Section 1086 of the Water Code does not apply to any witness re-
quired to attend an adjudicative proceeding pursuant to article 1 1 (com-
mencing with section 1 1450.05) of chapter 4.5 of part 1 of division 3 of
title 2 of the Government Code.
(d) Article 5 (commencing with secfion 1 105) of chapter 3 of part 1 of
division 2 of the Water Code applies to any person required to testify or
produce any evidence pursuant to a subpoena or subpoena duces tecum
or pursuant to a notice issued under section 1 1450.50 of the Government
Code.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
1080 and 13221, Water Code.
History
1 . Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 1 1400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99, resubmitted
Page 46
Register 2003, No. 14; 4-4-2003
Title 23
State Water Resources Control Board
§656
by ihc State Water Resourees Control Board on 3-1 0-99; and filed with the Sec-
retary of State on 3-31-99, effective upon filing (Register 99, No. 14).
Chapter 2. Appropriation of Water
Article 1. General Provisions
§ 650. Application for Water.
Any person who wishes to appropriate unappropriated water pursuant
to Water Code Section 1 202 shall file an application and comply with the
provisions of the subchapter.
NOTK: Authority cited: Section 1038 and 1252, Water Code. Reference: Sections
1200, 1260 and 1375, Water Code.
History
1 . Amendment filed 5-9-74 as procedural and organizational; effective upon fil-
ing (Register 74, No. 19). For prior history, see Register 60, No. 5.
2. Renumbering and amendment of former section 650 to section 705 and new sec-
tion 650 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
3. Editorial correction of section (Register 92, No. 21 ).
§651. Policy.
In acting on applications, petitions for changes, and petitions for ex-
tensions of time where reclaimed water is available or water can be re-
used or reclaimed, the amount of water specified in the appHcation or per-
mit shall be reduced to the extent and in the quantity that, and so long as,
the use of reclaimed water or reuse of water is reasonable.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 275, 461 ,
1253 and 1257, Water Code.
History
1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
3. Renumbering and amendment of former Section 65 1 to Section 675, and renum-
bering and amendment of former Section 654.4 to 651 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77,
No. 5.
§ 652. Application Must Be Accompanied by Minimum
Filing Fee.
History
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Renumbering from 651 filed 3-10-60; effective thirtieth day thereafter (Regis-
ter 60, No. 5).
3. Renumbering and amendment of Section 652 to Section 676 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 652.5. Application Fees for Small Hydroelectric Projects.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1525.5,
Water Code.
History
1 . New section Schedule 1 filed 6-1 7-83; effective thirtieth day thereafter (Regis-
ter 83, No. 25).
2. Renumbering and amendment of former Section 652.5 and Schedule 1 to Sec-
tion 677 filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 653. Applications for Water Where an Existing Right Is
Claimed.
NOTH: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
1201, 1202, 1253, 1255 and 1375, Water Code.
History
1. New section filed 3-23-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Amendment filed 3-1 1-81 ; effective thirtieth day thereafter (Register 81, No.
11).
3. Renumbering and amendment of Section 653(a) to Section 695, and renumber-
ing and amendment of Section 653(b)-(g) to Section 731 filed 1-16-87; effec-
tive thirtieth day thereafter (Register 87, No. 10).
§ 654. Documents That Must Be Sworn To.
NotK: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2,
Water Code.
History
1 . New section filed 1 0-9-73 as procedural; effective upon filing ( Register 73, No.
41).
2. Renumbering and amendment of Section 654 to Section 711 filed 1 16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 654.4. Policy.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, Chap-
ter 2.5. Division 1 and Part 2, Division 2, Water Code.
History
1 . New section filed 1-28-77; effective thirtieth day thereafter (Register 77, No.
5).
2. Renumbering and amendment of former Section 654.4 to Section 651 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 2. Definitions
Subarticlel. General
§ 655. Application.
"Application" means the form entitled "Application to Appropriate
Water," the "Environmental Information Form." applicable fees, and the
maps required by this subchapter. "Application" includes the form en-
titled "Supplement to Application" when:
(a) The purpose of use is municipal, industrial, mining, power, temper-
ature control or any other use that is not listed in paragraph 5 of the appli-
cation; or
(b) The applicant applies to store 25 acre-feet or more of water. These
forms are provided by the board.
NOTE: Authority cited: Sections 1058, 1252 and 1530. Water Code. Reference:
Sections 1260, 1375 and 1525, Water Code; and Sections 21080, 21080.1 and
21 160, Public Resources Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 655 to Section 696, and new
Section 655 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
4. Amendment of first paragraph and NoTi-; filed 12-23-2003 as an emergency;
operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section
1530 this rulemaking action remains in effect until revised by the State Water
Resources Control Board.
§ 656. Complete and Incomplete Applications.
(a) Complete Application. An application shall be considered com-
plete when the board has certified, in writing, that the applicant has fully
and completely disclosed all information required in the "application"
according to instructions set forth in the form and this subchapter, and has
paid the applicable fees.
(b) Incomplete Application. An incomplete application is one that is
substantially complete except that it fails in some manner to fully con-
form to the law or the regulations of the board. It includes an application
determined to be incomplete pursuant to Sections 65920 et seq. of the
Government Code and an application determined to be defective pur-
suant to Section 1270 of the Water Code. See Section 675 regarding sub-
stantial compliance.
NOTE: Authority cited: Sections 1058, 1252 and 1530. Water Code. Reference:
Sections 1270 and 1525, Water Code; and Sections 65940, 65941 and 65943. Gov-
ernment Code.
History
1 . Renumbering and amendment of former Section 656 to Section 698, and renum-
bering and amendment of Section 692 to 656 filed 1-16-87; effective thirtieth
day thereafter (Register 87, No. 10). For prior history, see Registers 78, No. 31
and 17, No. 5.
2. Amendment of subsection (a) and NoTi-; filed 12-23-2003 as an emergency; op-
erative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530
this rulemaking action remains in effect until revised by the State Water Re-
sources Control Board.
Page 47
Register 2005, No. 17; 4-29-2005
§657
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 657. Regulation of Water.
Regulation of water means the direct diversion of water to a tank or
reservoir in order that the water may be held for use at a rate other than
the rate at which it may be conveniently diverted from its source. For li-
censing purposes, refill, in whole or in part, held in a lank or reservoir for
less than 30 days shall be considered regulation of water.
NOTH: Authority cited: Section 1058, Water Code. Reterence: Sections 1240,
12.50, 1253 and 1260, Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
6).
3. Renumbering and amendment of former Section 657 to Section 697, and new
Section 657 filed 1-16-87; effective thirtieth day thereafter (Reeister 87, No.
10).
§ 657.1 . Recreational Reservoirs for Subdivisions.
NOTIi: Authority cited: Section 1058, Water Code. Reference: Part 2 (commenc-
ing with Section 1200) of Division 2. Water Code.
History
1. New section filed 2-27-73; effective thirtieth day thereafter (Register 73, No.
9).
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 657.2. Stockwatering Reservoirs.
NOTK: Authority cited: Section 1058, Water Code. Reference: Part 2 (commenc-
ing with Section 1200) of Division 2. Water Code.
History
1 . New section filed 3-8-74; effective thirtieth day thereafter (Register 74, No.
10).
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 658. Storage of Water.
Storage of water means the collection of water in a tank or reservoir
during a time of higher stream flow which is held for use during a time
of deficient stream flow. For licensing purposes all initial collections
within the collection season plus refill, in whole or in part, held in a tank
or reservoir for more than 30 days shall be considered water diverted for
storage except as provided in Section 735(c).
History
1. Amendment filed 12-1-55; effective thirtieth dav thereafter (Register 55, No.
17).
2. Renumbering and amendment of former Section 658 to Section 699, and new
Section 658 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
Subarticle 2. Beneficial Uses
§ 659. Beneficial Use of Water.
Beneficial use of water includes those uses defined in this subarticle.
The board will determine whether other uses of water are beneficial when
considering individual applications to appropriate water.
NOTE: Authority cited: SecUons 1058 and 1252, Water Code. Reference: Section
1240, Water Code.
History
1. Repealer of Section 659 and new Ardcle 2.5 (Sections 659-660) filed
10-12-79; effective thirtieth day thereafter (Register 79, No. 41).
2. Renumbering and amendment of former Section 659 to Section 735, and new
Section 659 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 660. Domestic Uses.
Domestic use means the use of water in homes, resorts, motels, organi-
zation camps, camp grounds, etc., including the incidental watering of
domestic stock for family sustenance or enjoyment and the irrigation of
not to exceed one-half acre in lawn, ornamental shrubbery, or gardens
at any single establishments. The use of water at a camp ground or resort
for human consumption, cooking or sanitary purposes is a domestic use.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1254 and
1260, Water Code.
History
1 . Renumbering and amendment of former Section 660 to Section 735, and renum-
bering and amendment of Section 661 to Section 660 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§661. Irrigation Use.
Irrigation use includes any application of water to the production of
irrigated crops or the maintenance of large areas of lawns, shrubbery, or
gardens.
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1254 and
1260. Water Code.
History
1 . Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55. No.
17).
2. Renumbering and amendment of former Section 661 to Section 660. and renum-
bering and amendment of Section 662 to 661 filed 1-16-87; effective thirtieth
day thereafter (Register 87. No. 10).
§ 662. Power Use.
Power use means the use of water for hydroelectric and hydromechan-
ical power.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and
1263, Water Code.
History
1 . Renumbering and amendment of former Section 662 to Section 661 , and renum-
bering and amendment of Section 663 to Section 662 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 662.5. Frost Protection Use.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
1253, Water Code.
History
1 . New section filed 1 0-1 2-79; effective thirtieth day thereafter (Reeister 79. No.
41).
2. Renumbering and amendment of Secfion 662.5 to Section 671 filed 1-16-87;
effecUve thirtieth day thereafter (Register 87, No. 10).
§ 663. Municipal Use.
Municipal use means the use of water for the municipal water supply
of a city, town, or other similar population group, and use incidental
thereto for any beneficial purpose.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1260 and
1264, Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Renumbering and amendment of former Section 663 to Section 662, and renum-
bering and amendment of Section 664 to Section 663 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 664. Mining Use.
Mining use means any use of water is for mining processes such as hy-
draulicing, drilling, and on concentrator tables.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 1260 and
1265, Water Code.
History
1. Amendment filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No.
17).
2. Renumbering and amendment of former Section 664 to Section 663, and renum-
bering and amendment of Section 665 to 664 filed 1-16-87; effecfive thirtieth
day thereafter (Register 87, No. 10).
§ 665. Industrial Use.
Industrial use means the use of water for the purposes, not more specif-
ically defined herein, of commerce, trade or industry.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 1260, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 665 to Section 664, and renum-
bering and amendment of Secfion 666 to Section 665 filed 1 — 16-^7; effective
thirtieth day thereafter (Register 87, No. 10).
2. Editorial correcfion amending section (Register 2005, No. 17).
§ 666. Fish and Wildlife Preservation and Enhancement
Use.
For purposes of specifying a beneficial use in an application to appro-
priate unappropriated water, fish and wildlife preservation and enhance-
Page 48
Register 2005, No. 17; 4-29-2005
Title 23
State Water Resources Control Board
§673
niLMit use means using water to maintain or provide Iiabitat or other bene-
lll for fisli and wildlife by taking water under control as in the following
examples:
(a) The collection or diversion of water to storage for either retention
in the reservoir or release downstream for the purpose of preservation or
enhancement of fish or wildlife; or
(b) Direct diversion of water for the purpose of preservation or en-
hancement of fish or wildlife.
This category of water use includes the use of water for the raising of
fish or other organisms for scientific purposes or release in the waters of
the state.
NOTE: Authority cited: Section 1058, Water Code. Reference: California Trout.
Inc. V. SWRCB, 90 Cal.App.3d 816, 153, Cal.Rptr. 672 ( 1979); Fiillerton v. State
Water Resources Control Board. 90 Cal.App.3d 590; 153 Cal.Rptr. 518 (1979);
and Sections 1243 and 1260, Water Code.
History
1 . Renumbering and amendment of former Section 666 to Section 665, and renum-
bering and amendment of Section 667.5 to Section 666 fded 1-16-87; effective
thirtieth day thereafter ( Register 87, No. 10).
§ 667. Aquaculture Use.
Aquaculture use means the use of water for raising fish or other organ-
isms for commercial purposes, or large scale private use in which the fish
or organisms will not be released in waters of the state.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1260. Wa-
ter Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 1 1-24-71 ; effective thirtieth day thereafter (Register 71, No.
48).
3. Renumbering and amendment of former Section 667 to Section 668, and new
Section 667 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 667.5. Fish and Wildlife Protection and Enhancement.
NOTE: Authority cited: Section 1058, Water Code.
History
1. Renumbering and amendment of former Section 667.5 to Section 666 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 668. Recreational Use.
Recreational use means the use of water for resorts or other recreation-
al establishments, boating, swimming, and fishing, and may include wa-
ter which is appropriated by storage and either retained in the reservoir
or released downstream to support these purposes. Use of water at a camp
ground or resort for human consumption, cooking or sanitary purposes
is a domestic use and irrigation of golf courses is an irrigation use.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfions 1243 and
1260, Water Code.
History
1. Amendment filed 12-1-55 effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 668 to Section 669, and renum-
bering and amendment of Section 667 to Section 668 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 668.5. Water Quality Use.
NOTE: Authority cited: Section 1058, Water Code.
History
1 . New section filed 1 1-24-7 1 ; effective thirtieth day thereafter (Register 7 1 , No.
48).
2. Renumbering and amendment of former Section 668.5 to Section 670 filed
1-16-87; effecfive thirtieth day thereafter (Register 87, No. 10).
§ 669. Stockwatering Use.
Stockwatering use means the use of water for commercial livestock.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1260, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 669 to Section 706, and renum-
bering and amendment of Section 668 to Section 669 filed 1 — 16-87; effective
thirtieth dav thereafter (Register 87, No. 10). For prior history, see Registers 60,
No. 5 and 55, No. 17.
§ 669.5. Name and Address of Applicant.
History
1. New section filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No.
6),
2. Renumbering and amendment of former Section 669.5 to Section 707 filed
1-16-87; effective thirtieth day therealter (Register 87, No. 10).
§ 670. Water Quality Use.
Water quality use includes appropriation of water by storage to be re-
leased for the purpose of protecting or enhancing the quality of other wa-
ters which are put to beneficial uses.
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1242.5
and 1260, Water Code.
History
1. Renumbering and amendment of former Section 668.5 to Section 670 filed
1-16-87: effective thirtieth day thereafter (Register 87, No. 10). For history of
former Section 670, see Registers 74, No. 19 and 71, No. 48.
§ 670.5. Supplement to Application May Be Required.
History
1. New secdon filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
6).
2. Renumbering and amendment of former Section 670.5 to Section 708 filed
1-16-87; effective thirtieth day thereafter ( Register 87, No. 10).
§ 670.6. Instream Beneficial Use Assessment.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and
1250.5, Water Code, and Section 21069. Public Resources Code.
History
1. New secfion filed 12-13-82 as an emergency; effective upon filing (Register
82, No. 51).
2. Order of Repeal of 1 2-1 3-82 order filed 1 2-1 3-82 by OAL pursuant to Govern-
ment Code Section 1 1349.6 (Register 82. N. 51).
3. New section filed 3-2-83 as an emergency; effective upon filing (Register 83,
No. 1 1). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 6-30-83.
4. Order of Repeal of subsection (h)(2) filed 3-1 0-83 by OAL pursuant to Govern-
ment Code Section 1 1349.6 (Register 83, No. 1 1).
5. Emergency language filed 3-2-83 repealed by operation of Government Code
Section II 346.1 (Register 83, No. 32).
6. New section filed 8-1-83; effective upon filing pursuant to Government Code
Secfion 11364.2(d) (Register 83, No. 32).
7. Renumbering and amendment of former Section 670.6 to Section 709 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 671. Frost Protection Use.
Frost protection use means the application of water to crops by fine
sprays,mists, or sprinklers for the purpose of preventing damage by frost.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and
1260, Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment of subsecfions (c) and (e), and new subsections (g) and (h) filed
5-18-79; effecfive thirtieth day thereafter (Register 79, No. 20).
3. Renumbering and amendment of former Section 67 1 to Section 7 1 0, and renum-
bering and amendment of former Secfion 662.5 to Section 671 filed 1-16 87;
effective thirtieth day thereafter (Register 87, No. 10). For prior hislorj', see
Register 19, No. 41.
§ 672. Heat Control Use.
Heat control use means the application of water to crops by fine sprays,
mists, or sprinklers for the purpose of preventing damage by high temper-
atures.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and
1260, Water Code.
History
1. New secfion filed 1-16-87; effecfive thirtieth day thereafter (Register 87, No.
10).
§ 673. General Requirements.
History
1. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No.
5).
Page 49
Register 2005, No. 17; 4-29-2(KJ5
§674
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2. Renumbering and amendment of Seetion 673 to Section 715 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 674. Requirements for Irrigation Purposes.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Reeister 60, No.
5).
2. Renumbering and amendment of Section 674 to Section 719 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 3. How Applications Are Processed
§ 675. Substantial Compliance.
Upon receipt, an application will be reviewed for compliance with the
requirements of the Water Code and this subchapter. An application will
be accepted for filing when it substantially complies with the require-
ments. Substantial compliance means that the application is made in a
good faith attempt to conform to the rules and regulations of the board
and to the law, and the information submitted and the form of submission
are sufficient in view of the particular circumstances to fulfill the purpose
of the requirements.
NOTE: Authority cited: Section 1058 and 1252. Water Code. Reference: Section
1270, Water Code.
History
1. Amendment filed 3-3-78 as procedural and organizational; effective upon fil-
mg (Register 78, No. 9).
2. Renumbering and amendment of former Section 675 to Section 720, and renum-
bering and amendment of Section 651 to Section 675 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 67,
No. 49 and 60, No. 5.
§ 676. Filing Fees.
An application will not be accepted for initial review or filing unless
it is accompanied by the filing fee required by chapter 5 (commencing
with section 1061 ) of this division. If after the initial review of an applica-
tion described in section 675 the board does not accept the application for
filing, the board shall refund the application filing fee, minus the $250
non-refundable initial review fee. The board may cancel an application
for failure to pay any annual fee for the application when due.
NOTE: Authority cited: Sections 1058, 1252 and 1530, Water Code. Reference:
Section 1525, Water Code.
History
1 . Renumbering and amendment of former Section 676 to Section 72 1 , and renum-
bering and amendment of Secfion 652 to Section 676 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79,
No. 20; 60, No. 5; and 55, No. 17.
2. Amendment of section and NoTEi filed 12-23-2003 as an emergency; operative
1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this
rulemaking action remains in effect until revised by the State Water Resources
Control Board.
3. Amendment filed 10-14-2004 as an emergency; operative 10- 14-2004 (Regis-
ter 2004, No. 42). Pursuant to Water Code section 1530, this rulemaking action
remains in effect until revised by the State Water Resources Control Board.
§ 677. Application Fees for Small Hydroelectric Projects.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1525.5,
Water Code.
History
1. New section and Schedule 1 filed 6-17-83 effective thirtieth day thereafter
(Register 83, No. 25). For prior history, see Register 82, No. 51 .
2. Renumbering and amendment of former Secfion 677 to Secfion 718, and renum-
bering and amendment of Section 652.5 to Section 677 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 83,
No. 25).
3. Repealer of section and schedule 1 filed 12-23-2003 as an emergency; opera-
tive 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530
this rulemaking action remains in effect until revised by the State Water Re-
sources Control Board.
§ 678. Determination of Completeness.
(a) Upon acceptance of an application to appropriate water, the board
staff shall, within 30 days, determine whether an application is complete
by applying the criteria set forth in this subchapter.
(b) In the event that the board staff determines that the application is
incomplete, it shall, in writing, notify the applicant of such determina-
tion, shall specify those parts of the application that are incomplete, and
shall indicate the manner in which they can be made complete.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 1270, Wa-
ter Code; Section 65943, Government Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Renumbering and amendment of former Section 678 to Section 723, and renum-
bering and amendment of Section 692.3 to Section 678 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history; see Register 78.
No. 3).
§ 679. Cancellation of Application.
Upon receiving an incomplete application made in a bona fide attempt
to conform to the rules of the board and to the law. the board will notify
the applicant in what respect his application is incoinplete and that unless
within 60 days an amended and completed application is filed or good
cause is shown for extension of time, following the notice required in
Section 678. the application will be subject to cancellation without fur-
ther notice. Unless within the time prescribed, or such further time as may
be allowed for good cause consistent with the provisions of Section 680,
an amended and completed application is filed with the boarc, the appli-
cation may be cancelled without further notice.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1270 and
1271, Water Code.
History
1. Renumbered from former Section 680. Former Section 679 repealer filed
12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Reg:ster 60, No.
5).
3. Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
4. Renumbering and amendment of former Secfion 679 to Section 7 1 6. and renum-
bering and amendment of Section 695 to 679 filed 1-16-87; effective thirtieth
day thereafter (Register 87, No. 10).
§ 680. Applications Not Made in a Bona Fide Attempt to
Conform to Rules and Law.
Applications which are not made in a bona fide attempt to conform to
the rules of the board and to the law. including those in which no effort,
or only a token effort, is made to supply one or more of the items of infor-
mation required by Sections 1260 through 1266 of the Water Code, will
not be accepted for filing. When the board's staff determines not to accept
such an application, it shall notify the applicant within 30 days of receipt
of the application.
Note: Authority cited: Section 1058 and 1252, Water Code. Reference: Sections
1260 and 1270, Water Code.
History
1. Renumbering of former Secfion 681 and amendment filed 12-1-55; effective
thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No.
6).
3. Amendment filed 1 1-24-71 ; effective thirtieth day thereafter (Register 71, No.
48).
4. Amendment filed 1 1-25-80; effecfive thirtieth day thereafter (Register 80, No.
48).
5. Renumbering and amendment of former Secfion 680to Secfion 717, and renum-
bering and amendment of Section 696 to Secfion 680 filed 1 — 16-87; effecfive
thirtieth day thereafter (Register 87, No. 10).
§ 681 . Time to Complete and Extensions Thereof.
Upon receipt of a request for an extension of time to complete an appli-
cation, if good cause is shown the board will grant such time as appears
reasonably necessary. Good cause requires a satisfactory shov/ing that a
diligent effort has been made to complete the application within the time
previously allowed and that failure to do so has been occasioned by ob-
stacles which could not reasonably be avoided. Lack of finances, occupa-
tion with other work, physical disability, and other conditions incident to
the person and not the enterprise will not generally be accepted as good
cause for delay. The board may, in its discretion, require such showing
of good cause to be made at a hearing upon notice to the applicant and
other interested parties.
Page 50
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Title 23
State Water Resources Control Board
§688
Noil.: Authority cited: Section 1058. WaterCode. Reference: Sections 1270 and
1271. Water Code.
History
1 . Renumbering of former Section 682 and amendment filed 12-1-55; effective
thirtieth day thereafter (Register 55. No. 17).
2. Renumbering and amendment of former Section 68 1 to Section 724, and renum-
bering and amendment of Section 614 to Section 681 filed 1 — 1 6-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60,
No. 5.
§ 682. Additional information.
After an application lias been determined to be complete, the applicant
shall not be required to submit any new or added information which is not
set forth or required in or by this Subchapter. An applicant may, however,
submit any new or added information on his own behalf, and the board
may, in its discretion, hear or consider such information in deciding
whether to approve the application.
NOTH: Authority cited: Section 1058, Water Code. Reference: Section 65944,
Government Code.
History
1. Renumbering and amendment of former Section 692.5 to Section 682 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, .see Register 78, No. 31.
§ 683. Supplemental Information.
(a) Notwithstanding the provisions of Section 682 the board may, in
the course of processing the application, and at any time prior to render-
ing a decision on the application, request an applicant to clarify, amplify,
correct, or otherwise supplement the information required in or by this
Subchapter and to obtain information necessary to comply with the Pub-
lic Resources Code Section 21000 et seq.
(b) Failure by an applicant to comply with a written request for infor-
mation pursuant to subdivision (a) of this section within a reasonable
time and in a responsive manner may be cause for the board to cancel or
reject the application pursuant to Government Code Section 65956(c) or
the State Administrative Manual Permit Guidelines Section 1099,
adopted on January 31. 1978.
NOTH: Authority cited: Section 1058, WaterCode. Reference: Sections 65944 and
65956(b), Government Code; and Section 1255, Water Code.
History
1. Renumbering and amendment of former Section 692.7 to Section 683 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 1 0). For prior histo-
ry, see Register 78, No. 31.
§ 684. Issuance of Notice.
(a) As soon as practicable after receipt of a complete application and,
if an instream beneficial use assessment is required by Water Code Sec-
tion 1250.5 (for a project which proposes the development of a small hy-
droelectric project) as soon as practicable after the determination that the
instream beneficial use assessment is adequate, a notice will be issued by
the board. The applicant will be directed to post or publish it.
(b) If a hearing on an application is delayed for more than one year af-
ter the close of the protest period, the board may issue a new notice and
direct the applicant to post or publish it. The board will take such action
when, in its judgment, the record does not reflect up-to-date circum-
stances because of changes in the project or in the circumstances of af-
fected downstream water users or other interested persons. The board
will mail a copy of the new notice to all persons who filed a protest to the
application in response to the original notice and will inform them that
they may either submit a new protest or stand on their existing protest.
NOTK: Authority cited: Section 1058, Water Code. Reference: Sections 1300,
1310 and 1320, Water Code.
History
1. Renumbering and amendment of former Section 712 to Secfion 684 filed
1-1 6-87 ; effective thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, see Registers 73, No. 10 and 60, No. 5.
§ 685. Effect of Issuance of Notice.
Issuance of a notice of application shall not be construed as a final de-
termination that the application is complete in all details.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 65941,
65943 and 65944, Government Code; and Section 1270, Water Code.
History
1 . Renumbering and amendment of former Section 701 and amendment to Subsec-
tion 685 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Reeister 64, No.
6).
3. Amendment of subsections (b) and (c) filed 3-3-78 as procedural and organiza-
tional; effective upon filing (Register 78, No. 9).
4. Repealer of former Section 685 and renumbering and amendment of Section
7 1 3 to Section 685 filed 1 -1 6-87; effective thirtiet^h day thereafter ( Register 87.
No. 10).
Article 4. Requirements for Separate
Applications and Joint Applications
§ 686. Separate Applications for Consumptive and
Nonconsumptive Uses.
Separate applications shall be filed for consumptive and nonconsump-
tive uses except that an appHcation for either consumptive or noncon-
sumptive purposes may include water for strictly incidental domestic,
power, industrial, stockwatering, recreational, fish and wildlife enhance-
ment, or water quality uses. For the purpose of this section, nonconsump-
tive use is one which returns substanfially all of the water to a surface
streain or other surface body of water. Incidental power is generated
when operation of the turbine is incidental to the movement of water to
meet requirements for other purposes. Notice of a petition to add inciden-
tal uses may be given at the board's discretion, in accordance with Sec-
tion 795, Article 15 of this subchapter.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Secfion 1252, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 698 to Section 686 filed
1-16-87; effecfive thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, see Register 80, No. 48.
§ 687. Separate Application for Each Diversion.
When water is to be diverted at two or more places, a separate applica-
tion shall be filed for each, except that one application will be accepted
when:
(a) Successive diversions are made of water from the same stream sys-
tem for a nonconsumptive use,
(b) The water will be used for common purposes at adjoining places
of use and when the works required for each diversion will be constructed
simultaneously with all the other units of the project. Units of a project
to be constructed by stages at different times which involve separate di-
versions of water shall be covered by separate applications, or
(c) Water will be stored in several reservoirs in the same watershed or
general locality, provided there shall not be included in one application
more than 5 reservoirs.
Note: Authority cited: Secfion 1058, Water Code. Reference: Section 1252, Wa-
ter Code.
History
1 . Renumbering and amendment of former Secfion 699 to Section 687 filed
1-1 6-87; effecfive thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, see Registers 64, No. 6 and 55, No. 17.
2. Editorial correction amending subsection (b) (Register 2005, No. 17).
§ 688. Separate Applications for Separately Owned Places
of Use.
Separate applications shall be filed when two or more parties desire to
cooperate in the construction and operafion of a common system for di-
rect diversion of water (not proposing the use of water stored in a reser-
voir) but will use water on separately owned parcels. Such applications
may be filed simultaneously and thereby establish an equal priority, ei-
ther by personal delivery of the applications or by forwarding them in the
same envelope.
NOTE; Authority cited: Secfion 1058, Water Code. Reference: Section 1252. Wa-
ter Code.
History
1 . New article 7 (§§688 and 689) filed 12-1 55; effective thirtieth day thercatter
(Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter ( Register 60, No.
5).
Page 51
Register 2005, No. 17; 4-29-2005
§689
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
3. Amendment of subseetion (b) filed 3-3-78 as procedural and organizational;
ctTective upon filing (Register 78, No. 9).
4. Renumbering and amendment of former Section 688 to Section 733. and renum-
bering and amendment of Section 700 to Section 688 filed 1 — 16-87; effective
thiitieth day thereafter (Register 87, No. 10).
§ 689. Separate Application for Frost Protection.
Direct diversion for frost protection shall be the subject of a separate
application, except where such uses are clearly incidental to other uses
is areas other than in Napa Valley. Existing permits for frost protection
direct diversion combined with other uses may be separated into separate
permits when an order is issued allowing an extension of time or a change
in the permit. Separate licenses or a permit and a license may be issued
upon completion of the separate portions of the project if appropriate.
NOTH: Authority cited: Section 1058, Water Code. Reference: Section 1252, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 689 to Section 722, and renum-
bering and amendment of Section 648.5 to Section 689 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 79,
No, 41.
§ 690. Application by an Agency Representing Users
Within a Combined Place of Use.
An application by an agency proposing to serve water to several sepa-
rately owned parcels of land will be accepted when that agency is compe-
tent to take title to the water right (for example, an irrigation district or
a mutual water company).
Note: Authority cited: Section 1058. Water Code. Reference: Section 1 252, Wa-
ter Cod.
History
1. Renumbering and amendment of former Section 701 to Section 690 filed
1-1 6-87; effective thirtieth day thereafter (Register 87, No. 10). For prior hi.sto-
ry, see register 55, No. 17.
§ 691 . Joint Applications.
(a) Two or more persons proposing to share in the use of water stored
in a reservoir or proposing a common place of use (such as the irrigation
of jointly owned property), shall file a joint application.
(b) A joint application shall clearly indicate the nature and extent of
the respective rights of each applicant in the ownership and operation of
the proposed reservoir and to any water right received. Joint applicants
shall designate one person to receive correspondence from the board and
to act for them in all matters pertaining to the usual processing of the
application.
NOTI:: Authority cited: Section 1058, Water Code. Reference: Section 1252, 1260
and 1775, Water Code.
History
1. Renumbering and amendment of former Section 702 to Section 691 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, see Registers 74. No. 48 and 55, No. 17.
§ 692. Definitions.
NOTE: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif-
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water
Code; and Divisions 1-2, Title 7, Government Code.
History
1. Renumbering of former Sections 685, 686, 687 and 688 to 692, 693, 694 and
695, respectively, and amendments of 694 and 695 filed 12-1-55; effecfive thir-
tieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Amendment filed 9-3-76; effective thirtieth day thereafter (Register 76, No.
36).
4. Amendment of Article title and Section 692 filed 8-1-78; effective thirtieth day
thereafter (Register 78, No. 31).
5. Renumbering and amendment of Section 692 to Section 656 filed 1-1 6-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 692.3. Determination of Completeness.
NOTE; Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif-
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water
Code; and Divisions 1-2, Title 7, Government Code.
History
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No.
31).
2. Renumbering and amendment of Section 692.3 to Section 678 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10).
§ 692.5. Additional Information.
Note; Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif-
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Division 7, Water
Code; and Divisions 1-2, Title 7, Government Code.
History
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No.
31).
2. Renumbering and amendment of Section 692.5 to Section 682 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10).
§ 692.7. Supplemental information.
NOTE: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif-
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and 14, Diviiiion 7, Water
Code; and Divisions 1-2, Title 7, Government Code.
History
1. New section filed 8-1-78; effective thirtieth day thereafter (Register 78, No.
31).
2. Renumbering and amendment of Section 692.7 to Section 683 filed 1-16-87;
effecfive thirtieth day thereafter (Register 87, No. 10).
§ 693. Statement of Reasons and Request for Time to
Complete.
History
1 . Repealer filed 1-16-87; effecfive thirtieth day thereafter (Register 87, No. 10).
§ 694. Time to Complete and Extensions Thereof.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of Section 694 to Section 681 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 5. Amounts for Which to Apply
§ 695. Unappropriated Water.
A permit can be issued only for unappropriated water. Unappropriated
water does not include water being used pursuant to an existing right,
whether the right is owned by the applicant, or by another person. (For
the relationship between new applications and existing rights, see Sec-
tion 731.)
NOTE; Authority cited: Section 1058, Water Code. Reference: Secfions 1202 and
1375, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Secfion 695 to Section 679, and renum-
bering and amendment of Secfion 653(a) to Secfion 695 filed 1-16-87; effec-
five thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers
81, No. 11 and 73, No. 12.
§ 696. Applications Reasonably Necessary for Beneficial
Use— How Stated.
The amount of water for which to apply is governed by the estimated
amount which can be put to beneficial use including reasonable convey-
ance losses, and shall be stated in the definite terms of some established
unit of measurement, such as cubic feet per second, gallons per minute
or per day, or acre-feet per annum.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240,
1241, 1252 and 1260, Water Code.
History
1 . New secfion filed 3-10-0; effecfive thirtieth day thereafter (Register 60, No. 5).
2. Editorial correction (Register 60, No. 8).
3. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
6).
4. Renumbering and amendment of former Secfion 696 to Section 680, and renum-
bering and amendment of Section 655 to Secfion 696 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
Page 52
Register 2005, No. 17; 4-29-2005
Title 23
State Water Resources Control Board
§702
•
§ 697. Examples of Amounts Considered Reasonably
Necessary.
The amount of water considered reasonably necessary for certain uses
when the appropriation will be by direct diversion shall be determined in
the following manner:
(a) Irrigation Use.
( 1 ) In most portions of the central valley of California and elsewhere
in the State where similar conditions prevail a duty of one cubic foot per
second continuous flow to each 80 acres shall be considered a reasonable
headgate duty for most crops. Where there is a greater abundance of wa-
ter and a heavy transportation loss, or the land to be irrigated is of a po-
rous, sandy or gavelly character a continuous flow allowance of one cu-
bic foot per second to each 50 acres may be considered reasonable. Under
other conditions where water supply is less abundant and conditions are
favorable to a more economical use a duty of one cubic foot per second
to 150 acres may be considered reasonable for most crops. For the irriga-
tion of rice the customary allowance shall be one cubic foot per second
continuous flow to each 40 acres of irrigated land.
(2) The equivalent of these continuous flow allowances for any
30 — day period may be diverted in a lesser time at a greater rate so long
as there is no interference with other users, and a clause allowing such
rotation will be included in a permit issued for irrigation purposes.
(b) Domestic Use. Allowances for domestic use are variable, depend-
ing upon the character of the place of use, method of use, character of use
and availability of water. The quantities considered reasonable for the re-
spective domestic uses are as follows:
Homes, Resorts, Motels, Organization Camps, etc.
Fully plumbed 55 to 75 gallons per day per person
Sink and flush toilet only 40 gallons per day per person
Sink and shower only 35 gallons per day per person
Sink only 25 gallons per day per person
Outside supply only 15 gallons per day per person
Cafe, fountain, etc 2.5 gallons per day per person
Camp Grounds
Depending upon facilities provided, allowances range from 5 gallons per day
per person, where faucets only are provided, to 30 gallons per day per person
where washbowls, showers, flush toilets and laundry trays are provided.
Lawn, Garden, Orchard and Grounds
Irrigation 18.5 gallons per day per 100 square feet
Sprinkling to allay dust 7.5 to 10 gallons per day per 100 square feet
Livestock
Milch cows 30 gallons per day per head
Horses 15 gallons per day per head
Goats and hogs 2.5 gallons per day per head
Poultry, rabbits, etc 0.25 gallon per day per head
(c) Stockwatering Use. For use for watering commercial livestock, the
quantities considered reasonable are as follows:
Range cattle and horses 15 gallons per day per head
Hogs and goals 2.5 gallons per day per head
Sheep 1 .5 gallons per day per head
Milch cows 30 gallons per day per head
Hosing out dairy bam 35 gallons per day per head
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, 1240
and 1252, Water Code.
History
1. Renumbering and amendment of Section 657 to Section 697 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
isters 64, No. 6 and 55, No. 17.
2. Editorial correction amending subsection (a)(2) (Register 2005, No. 17).
§ 698. Action upon an Application for an Excessive
Amount.
An application for an amount of water clearly in excess of the capacity
of the proposed diversion works or in excess of an amount reasonably
necessary for the proposed use will not be approved and shall be reduced.
In the event of uncertainty, a showing of need for and ability to divert ad-
ditional water will be required of the applicant.
NOTK: Authority cited: Sections 1058, Water Code. Reference: Section 2. Article
X, California Constitution; and Section 275. Water Code.
History
1 . Renumbering and amendment of former Section 695 and amendment to Section
695 filed 12- 1 -55; effective thirtieth day thereafter. Former Section 696 repeal-
er filed 12-1-55; effective thirtieth day thereafter (Register 55. No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Resister 60, No.
5).
3. Amendment filed 1 1-25-80; effective thirtieth day thereafter (Register 80, No.
48).
4. Renumbering and amendment of former Section 698 to Section 686, and renum-
bering and amendment of Section 656 to Section 698 tiled 1 — 16-87: effective
thirtieth day thereafter (Register 87, No. 10).
5. Fditorial correcdon amending section (Register 2005. No. 17).
§ 698.5. Separate Application for Frost Protection.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
1253, Water Code.
History
1. New section filed 10-12-79; effective thirtieth day thereafter (Register 79, No.
41).
2. Renumbering and amendment of Section 698.5 to Section 689 filed 1 16 87;
effective thirtieth day thereafter (Register 87, No. 10).
§ 699. Limitation upon Application and Right Obtained.
Neither the amount of water applied for, not the season of di\ersion,
as stated in the application as first filed can subsequently be increased in
the application or in a permit or license issued on the application.
NOTE: Authority cited: Section 1 058, Water Code. Reference: Section 1 450. Wa-
ter Code.
History
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55. No.
17).
2. Amendment filed 3-19-64; effecfive thirtieth day thereafter ( Register 64. No.
6).
3. Renumbering and amendment of former Section 699 to Section 687, and renum-
bering and amendment of Section 658 to Section 699 filed 1 - 16-87: cffectixc
thirtieth day thereafter (Register 87, No. 10).
§ 700. Approval of Applications for Partial Season of Use.
When unappropriated water is not available to the applicant during the
entire season for which the use of water is needed, an application may be
approved for the portion of the season during which unappropriated wa-
ter is available, provided the applicant first supplies to the board reason-
able assurance that water can and will be obtained from an alternate
source during the remainder of the season without impairing the prior
rights of others.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1202, Wa-
ter Code.
History
1. Renumbering of former Section 756 and amendment filed 12-1-55; effective
thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of former Section 700 to Section 688. and renum-
bering and amendment of Section 760 to Section 700 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 71 ,
No. 48.
§ 701 . Application by an Agency Representing a
Combined Use.
History
1 . Renumbering and amendment of former Section 697 and amendment to Section
701 filed 12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Renumbering and amendment of Section 701 to Section 690 filed 1 16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 702. Joint Applications.
History
1. Repealer and new secfion filed 12-1-55; effective thirtieth day thereafter (Reg-
ister 55, No. 17).
2. Repealer and new secfion filed 11-24-71; effective thirtieth day thereafter
(Register 71, No. 48).
3. Renumbering and amendment of Section 702 to Section 61 1 filed 1 16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Page 53
Register 2005, No. 17; 4-29-2005
§703
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 703. Joint Ownership of Places of Use.
History
1. Rcnuinbcrinii of former Section 755 and amendment filed 12-1-55: effective
thirtieth day thereafter (Register 55, No. 17).
2 . Repealer filed 1 1 -24-7 1 ; effecti ve thirtieth day thereafter ( Register 7 1 , No. 48 ).
Article 6. Contents of Application and
Instream Beneficial Use Assessment
§ 705. Form of Application.
An application for a permit to appropriate water shall be typewritten
or legibly written in black ink, and filed in duplicate upon a printed form
furnished by the board.
NOTK: Authority cited: Section 1058, Water Code. Reference: Section 1252, Wa-
ter Code.
History
1 . Renumbering and amendment of Section 650 to Section 705 filed 1-1 6-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 19.
§ 706. General Requirements.
(a) Applicants shall fill in each blank in the application. Supplements
may be attached if there is insufficient space in the blanks of the printed
form. If supplement is used it should be attached to the application and
inarked "Supplement." The data included should be segregated into para-
graphs with numbers corresponding to the paragraph numbers and titles
of the printed form and should be properly cross-referenced to the form.
The application and supplement should include all data and information
required to describe the proposed appropriation and use of water.
(b) The board may require the applicant to furnish a brief description
of the project and its operation.
(c) General statements and data other than as indicated on the form are
not desired as a part of the application but can be submitted in an accom-
panying letter which will be filed and made a part of the record.
NoTE: Authority cited: Section 1058, Water Code. Reference: Section 1252, Wa-
ter Code.
History
1 . Renumbering and amendment of Section 669 to Section 706 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 707. Legal Nature, Name and Address of Applicant.
If the applicant is other than a natural person, its legal nature shall be
given (corporation, partnership, or other entity.) If the application is
made by two or more persons, the name of each shall be given, and the
address shall be supplied to which notices and other correspondence con-
cerning any matter relating to the application may be mailed. Thereafter,
notice mailed to that address will be considered notice to all.
NOTE: Authority cited: Section 1 1058, Water Code. Reference: Sections 1252 and
122.5, Water Code.
History
1. Repealer of former Section 707, and renumbering and amendment of Section
669.5 to Section 707 filed 1-16-87; effective thirtieth day thereafter (Register
87, No. 10). For prior history; see Register 64, No. 6.
§ 708. Supplement to Application May Be Required.
When directed by the board, the applicant shall supplement the appli-
cation with a statement showing the maximum quantity of water, in acre-
feet or other unit of measurement prescribed by the board, that will be
beneficially used each month during the proposed season of use.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 275, 1240,
1252 and 1253, Water Code.
History
1. Renumbering and amendment of Section 670.5 to Section 708 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 64, No. 6.
§ 709. Instream Beneficial Use Assessment.
(a) The instream beneficial use assessment required by Water Code
Section 1250.5 shall provide information including but not limited to:
(1) design, construction and operation of the project;
(2) in the area affected by the project: identification, and quantifica-
tion, to the extent possible, of fish, wildlife and botanical resources;
aquatic, riparian and terrestrial habitats; hydrology, including water
quality and quantity relationships; geologic and soil resources; recre-
ational demand; cultural resources; aesthetic values; specially desig-
nated or protected species, habitats, areas, or stream sections; and lan-
duse plans;
(3) the applicant's preliminary findings on the flow regime necessary
to protect existing resources and beneficial use levels, and assumptions
and methodologies used to make this determination;
(4) the applicant's assessment of the effect of the proposed project on
existing resources and current beneficial use levels, and assumptions and
methodologies used to make this determination.
(h) The board shall develop a maiHng list in connection with such
applications and make it available to the applicant within 30 days after
the application is accepted and given a priority of right (as defined in Wa-
ter Code Section 1450) so that applicants may contact the panics on the
board's mailing list prior to beginning work on the instream beneficial
use assessment to obtain their opinion as to the appropriate scope and
content of the instream beneficial use assessment.
(c) Applicants for water rights for small hydroelectric projects who are
required by Water Code Section 1250.5 to do an instream beneficial use
assessment must complete the Instream Beneficial Use Assessment
Form. Tlie enUre Instream Beneficial Use Assessment Form for Small
Hydroelectric Facilities, adopted by the board in June 1 98? is incorpo-
rated by reference in this section. It may be obtained from the Division
of Water Rights of the board.
(1) The applicant should determine the depth of analysis required to
complete the "Instream Beneficial Use Assessment Form" after an initial
investigation that includes consultation with the appropriate local, state
and federal agencies and other interested parties and organizations,
which are identified on the board's mailing list. The applicant may also
know other interested or potentially affected parties, who should be con-
sulted.
(2) Following consultation with resources management agencies and
other interested parties, the applicant should develop a wriiten copy of
work for completion of the "Instream Beneficial Use Assessment Form."
The written scope of work must be submitted to the Division of Water
Rights for staff review. Based upon the staff review, the Division may
agree that the applicant should proceed with the instream beneficial use
assessment, or alternatively, the Division may schedule a meeting or
scoping session to enable the applicant, the responsible resource agen-
cies and other interested and concerned parties to discuss informafion
needs and make recommendations for a revised scope of work acceptable
to the Division.
(3) The following definitions are applicable to the Instream Beneficial
Use Assessment Form:
(A) "Bedload" refers to the particles in a stream channel that mainly
move by jumping, sliding or roUing on or near the bottom of the stream.
(B) "Bank-full capacity" refers to the rate of water flow that complete-
ly fills a channel; i.e., the rate at which the water surface is level with the
flood plain. The bank-full state is the most effecdve or dominate chan-
nel-forming flow.
(C) "Change in streamflow regime" see (CC) "Streamflow Regime,
Change In," below.
(D) "Critical area" refers to the terrestrial or riparian area on either side
of the critical reach that is influenced by the amount of streamflow.
(E) "Crifical reach" refers to that section of the stream extending either
from the point of diversion or, if the project includes an impoundment,
the most upstream point of the impoundment to the point of return.
(F) "Critical riparian/wetland area" is the area on either side of the wa-
ter course that is influenced by the amount of streamflow, and extends
from the point of diversion or uppermost point of the impoundment,
whichever is the highest upstream point, to the point of retu m. This area
also includes stream influenced wetlands, including but not limited to
wet meadows, marshes, swamps and overflow areas.
Page 54
Register 2005, No. : 7; 4-29-2005
Title 23
State Water Resources Control Board
§709
(G) "Deposition" refers to the laying down of materia! by erosion or
transport by water.
(H) "Ecosystem" refers to a complex system composed of a communi-
ty of fauna and flora taking into account the chemical and physical envi-
ronment with which the system is interrelated.
(I) "Erosion" refers to a group of processes whereby earth or rock ma-
terial is worn away, loosened or dissolved and removed from any part of
the earth's surface. It includes the process of weathering, solution, corro-
sion and transportation.
(J) "Flood frequency curve" refers to a curve that plots over time the
probability that floods of given magnitudes will recur.
(K) "Full length of the stream," as used in the "Instream Beneficial Use
Assessment Form," will vary with individual site settings and will be de-
termined on a case-by-case basis.
(L) "Groundwater recharge" refers to the addition to the water within
the earth that occurs naturally from infiltration of rainfall and from water
flowing over the earth materials that allow water to infiltrate below the
land surface.
(M) "Habitat" or "primary habitat" refers to the place where an organ-
ism lives.
(N) "Habitat, migration" refers to that area which individuals periodi-
cally visit or through which individuals periodically pass on their way to
another destination.
(O) "Habitat type" refers to a naturally occurring assemblage of plants.
(For example: aspen, grove, white alder/willow forest, willow thicket,
meadow.)
(P) "International Whitewater scale" refers to a scale developed by the
American Whitewater affiliation which is used to rate the boating diffi-
culty of a river. Sections of a river are rated on a scale of I to VI, with VI
being the most difficult.
(Q) "International scale of river difficulty": (If rapids on a river gener-
ally fit into one of the following classifications, but if the water tempera-
ture is below 50 degrees Fahrenheit, or if the trip is an extended trip in
a wilderness area, the river should be considered one class more difficult
than normal.)
CLASS I. Moving water with a few riffles and small waves. Few or no
obstructions.
CLASS II. Easy rapids with waves up to 3 feet, and wide, clear chan-
nels that are obvious without scouting. Some maneuvering is required.
CLASS III. Rapids with high, irregular waves often capable of
swamping an open canoe. Narrow passages that often require complex
maneuvering. May require scouting from shore.
CLASS IV. Long, difficult rapids with constricted passages that often
require precise maneuvering in very turbulent waters. Scouting from
shore is often necessary, and conditions make rescue difficult. Generally
not possible for open canoes. Boaters in covered canoes and kayaks
should be able to Eskimo roll.
CLASS V. Extremely difficult, long, and very violent rapids with
highly congested routes which nearly always must be scouted from
shore. Rescue conditions are difficult and there is significant hazard to
life in event of mishap. Ability to Eskimo roll is essential for kayaks and
canoes.
CLASS VI. Difficulties of Class V carried to the extreme of navigabil-
ity. Nearly impossible and very dangerous. For teams of experts only, af-
ter close study and with all precautions taken.
(R) "Key species" refers to the species of concern in any given circum-
stances.
(S) "Landslides" refers to the failure of a slope in which the movement
of the soil mass takes place along an interior surface of sliding.
(T) "Mudflows" refers to a moving mass of almost liquid material or
wet earth caused by rain.
(U) "Nutrient transfer" refers to the transfer of nutrients from land to
water through leaching and from water to land in times of floods.
(V) "Primary habitat" refers to the primary place where an organism
lives.
(W) "Productivity" refers to the amount of living matter actually pro-
duced by the unit being discussed.
(X) "Change in streamflow regime" see (CC) "Streamflow Regime,
Change In," below.
(Y) "Riparian vegetation" refers to moisture-loving vegetation along
a watercourse which is distinguished from other vegetation by its depen-
dence on the combination of soil moisture and other environmental fac-
tors provided by a permanent or intermittent stream.
(Z) "Sediment transfer" refers to the quanUty of sediment measured in
dry weight or by volume, transported through a stream cross section in
a given time. Consists of both suspended load and bedload.
(AA) "Slope stability" refers to an evaluation (almost always qualita-
tive and expressed as a probability) of the tendency for the materials on
or constituting a slope (e.g., rocks, soil, snow) to either remain in place
or to move downhill.
(BB) "Spoils" refers to loose rock, solid and vegetation debris, left
from construction activities.
(CC) "Streamflow regime, cange in" refers to the criteria which shall
be considered in determining whether or not the project will change the
streamflow regime, including but not limited to, the following:
1 . Will the rate and volume of flow be changed?
2. Will the water temperature be changed?
3. Will there be changes in the concentration of dissolved oxygen?
4. Will there be changes in the timing of water releases from any exist-
ing water diversion or storage facility?
(DD) "Structural characteristics" refers to the physical or life — form
characteristics of the habitat type described in terms of the vertical pat-
tern, including but not limited to overstory, understory or seedling tree,
tall or low shrub, perennial or annual herb, and moss or lichen, and the
horizontal pattern described in terms of age-class.
(EE) "Suspended solids" refers to the small, solid particles in water
that cause a cloudy condition. Particles of suspended sediment tend to
settle at the channel bottom (settleable solids), but upward currents in tur-
bulent flow counteract gravitational settling.
(FF) "Substrate" refers to the base on which an organism lives.
(GG) "Tailrace" refers to the channel, downstream of the draft tube,
that carries the water discharged from the turbine. The draft tube is the
discharge section of the turbine.
(HH) "Turbidity" refers to a measure of the extent to which light pass-
ing through water is reduced due to suspended materials. Excessive tur-
bidity may interfere with light penetration and minimize photosynthesis,
thereby causing a decrease in primary productivity. It may interfere di-
rectly with essential physiological functions offish and other aquatic or-
ganisms, making it difficult for fish to locate a good food source, and al-
tering water temperature.
(d) An instream beneficial use assessment shall be considered ade-
quate when the Division of Water Rights has certified in writing, that:
( 1 ) The applicant has filed with the Division of Water Rights 10 copies
of the "Instream Beneficial Use Assessment Form," legibly typed, prop-
erly executed, and has fully and adequately provided the information re-
quired in the form as determined by the Division of Water Rights.
(2) Within 10 days of the date the form is submitted to the board ( 1 )
the Division of Water Rights shall make copies available to resource
management agencies, and (2) interested parties shall be notified of the
availability of copies for examination at locations open to the public. This
will include, at a minimum, two locations in the general area of the proj-
ect, the Resources Agency Library, and Division of Water Rights head-
quarters. Copies also may be purchased from the Division at the cost of
reproduction.
(3) The applicant has filed final and complete maps as required by the
"Instream Beneficial Use Assessment Form," as determined by the Divi-
sion of Water Rights.
(e) Upon receipt of an instream beneficial use assessment, the division
shall, within 90 calendar days, determine whether the assessment is ade-
quate, taking into account the written scope of work, the discussion at the
Page 55
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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scoping session, if one is lield, comments from other agencies and inter-
ested parties, and uhetiier the assessment has met procedural require-
ments. Board approval of tiie adequacy of the assessment does not consti-
tute endorsement of the assessment's preliminary findings on
streamflow regime. (0 When the division determines that an instream
beneficial use assessment is adequate, it shall inform the applicant, in
writing, of such determination.
(g) If the division determines that an instream beneficial use asses-
sment is inadequate, it shall, in writing, inform the applicant of that deter-
mination, shall specify those parts of the assessment that are inadequate,
and shall indicate the manner in which they can be made adequate.
(h) To harmonize the provisions of Water Code Section 1250.5 with
Article 5 of the Permit Streamlining Act (beginning with Government
Code Section 65950) and the California Environmental Quality Act (be-
ginning with Section 21000 of the Public Resources Code.):
( 1 ) When an instream beneficial use assessment is required because a
proposed project would change the streamflow regime, the one (or two)
year time period within which the board must act pursuant to Water Code
Section 1250.5 shall begin when a complete application has been filed
and the Division of Water Rights has determined that the instream benefi-
cial use assessment is adequate.
(i) An instream beneficial use assessment form shall not be accepted
for filing unless it is filed concurrently with or after the application for
the water right permit for the project.
(j) If there is a disagreement regarding any of the following which can-
not be resolved at the division level:
( 1 ) whether the streamflow regime will be changed and, therefore an
instream beneficial use assessment required;
(2) the scope or content of the instream beneficial use assessment re-
quired from the applicant;
(3) the adequacy of an instream beneficial use assessment submitted
by an applicant; then, within 30 days from the date of the staff determina-
tion any person may petition the board in writing to resolve the matter.
Within 30 days following receipt of the pefition, the Division of Water
Rights shall schedule the matter for a workshop for a determination by
the board. The board may either resolve the issue at the workshop or
schedule a hearing on the matter.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 106.7 and
1250.5, Water Code; and Section 21069, Public Resources Code.
History
1. Renumbering and amendment of Section 670.6 to Section 709 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 83, No. 32.
2. Editorial correction amending subsections (c)(2), (c)(3)(N), (c)(3)(W),
(c)(3)(Z), (d)(1), (d)(2) and (h)(r) (Register 2005, No. 17).
§ 71 0. Signature of Applicant.
The applicafion and all other wriUngs shall be signed by the applicant
or an authorized agent. The board shall presume that any person, other
than an applicant, who signs an application or other writing is an autho-
rized agent. The presumpfion shall be overcome if the board may be
charged with actual knowledge that the person signing has no authority
to do so.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1252 and
1260, Water Code.
History
1. Renumbering and amendment of Section 671 to Section 710 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior histoi7, see Reg-
ister 79, No. 20.
§ 71 1 . Documents That Must Be Sworn To.
Applications and accompanying statements, including information re-
quired by Section 731, reports required of permittees and licensees and
petitions for extension of time and for changes, shall be certified as true
under penalty of perjury in accordance with Section 2015.5 of the Code
of Civil Procedure.
NoTE: Authority cited: Section 1058, Water Code. Reference: Section 1051,
1075, 1080, 1100, 1105 and 1252, Water Code.
History
1 . Renumbering and amendment of Section 654 to Section 7 1 1 filed 1-1 6-87: ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 73, No. 41.
§712. Issuance of Notice by Board.
History
1. Amendment filed 3-10-60: effective thirtieth day thereafter (Resister 60. No.
5).
2. New subsection (b) filed 3-7-73; effective thirtieth day thereafter Register 73,
No. 10).
3. Renumbering and amendment of Section 712 to Section 684 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§713. Effect of Issuance of Notice.
History
1. New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of Section 713 to Section 685 filed 1 -16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 714. Application for Permit to Appropriate Water from
Wild and Scenic Rivers.
History
1. New section filed 5-1 1-73; effective thirtieth day thereafter (Register 73. No.
19). For history of former section, see Register 64, No. 6.
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Article 7. Map Requirements
§715. General Requirements.
(a) A general project map and one copy of suitable scale on a sheet not
larger than 28 inches by 40 inches or smaller than 8-1/2 inches by 1 1 in-
ches shall be filed in connection with each apphcafion. This map shall be
neatly and accurately drawn and should show the source from which wa-
ter is to be taken, all dams, main conduits, reservoirs and other facilities,
the important streams and tributaries in the area, the place of use, and any
other features necessary for ready identification and understanding of the
project.
(b) The map shall show the lines of the public land survey by 40 — acre
subdivision, secUon and township if the area is secUonalized. If the area
is not secUonized the nearest lines of the public land survey tc or across
the project area should be extended as if it were surveyed. The lines of
any other recorded survey may be used to describe the project, provided,
the relaUon to the lines of the nearest adjacent public land survey is
shown.
(c) Points of original diversion, and of rediversion from any natural
stream, must be shown either by ( 1 ) bearing and distance or co-ordinate
distances from some comer of a recorded survey if such a corner exists
within a distance of two miles; (2) bearing and distance or co-ordinate
distances from some permanent monument or a natural object which can
be readily found and recognized, such as the confluence of tv/o known
streams; or (3) co-ordinates and zone of the California Co-ordinate Sys-
tem.
(d) The place of use shall be identified by reference to 40-acre subdivi-
sion, section, township, range and meridian of the public land survey or
projection thereof, or by reference to the smallest subdivision of some
other recorded survey if more commonly used within the project area ex-
cept as otherwise provided in Secfion 719. If described by reference to
some other recorded survey, the lines of the public land survey, or projec-
tion thereof, should be shown. The 40-acre subdivisions of tie public
land survey will be assumed regular unless it be shown otherv/ise.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261, Water Code.
History
1 . Renumbering and amendment of former Section 7 1 5, and renumbering and
amendment of Section 673 to Section 715 filed 1-16—87; effective thirtieth
day thereafter (Register 87, No. 10). For prior history, see Registers 73, No. 19
and 60, No. 5.
2. Editorial correction amending subsection (c) (Register 2005, No. 17).
Page 56
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Title 23
State Water Resources Control Board
^721
§ 71 6. Maps for Minor Projects.
For minor projects smaller than those specified in Section 717, the
hoard will provide blank township plats upon which the maps may be
submitted or the required information may be submitted on U.S.G.S.
quadrangle or topographic maps.
NOTH; Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261. Water Code.
History
1 . Repealer of former Section 716, and renumbering and amendment of Section
679 to Section 7 1 6 filed 1-1 6-87; effective thirtieth day thereafter (Register 87,
No. 10). For prior history, see Register 73, No. 19 and 67, No. 49.
§ 71 7. Maps for Larger Projects.
The following additional maps are required for ( 1 ) appropriating more
than three cubic feet per second, or (2) constructing a dam which will be
under the jurisdiction of the Department of Water Resources for safety,
as defined in Sections 6002 and 6003 of the Water Code, or (3) creating
a reservoir with a surface area in excess often acres, or (4) appropriating
more than 1 ,000 acre-feet per annum by underground storage. (For good
cause, the Chief, Division of Water Rights may waive the following re-
quirements for projects defined in (3) above.)
(a) Maps shall be submitted which were prepared by a civil engineer
or land surveyor registered or licensed in the State of California.
(b) An original map and one copy are required. The original shall be
accurately and permanently rendered to a suitable scale on linen, mylar
or equivalent material; the other may be a print thereof.
(c) All maps shall be titled, show the meridian and scale and bear the
California certificate and registration number of the engineer or survey-
or. The certificate shall: state the name and address of the person making
the certificate and whether the map was prepared by him or under his su-
pervision; indicate the source of the information shown thereon, includ-
ing the dates of actual surveys if such were made; certify that it correctly
represents the works described in the accompanying application, the lo-
cation of streams and ditches in the immediate vicinity, and the acreage
to be irrigated; be concluded by the date, signature, and California certifi-
cate number of the engineer or surveyor. The following example is a typi-
cal cerfificate:
CERTIFICATE OF ENGINEER (SURVEYOR)
I, John Doe, of 100 Main Street, Sacramento, California, do hereby
cerfify that this map was prepared by me from notes taken during an ac-
tual survey made by me (or under my immediate supervision) on
, 20 , (and/or from U.S. Geological Sur-
vey 7.5-minute Lincoln and Roseville Topographic quadrangles,) and
that it correctly represents the project described in the accompanying
application and shows the location of streams and ditches in the immedi-
ate vicinity.
/s/ John Doe
(date)
California Civil Engineer (Surveyor) Certificate No.
(d) Contour maps of surface reservoirs shall be submitted with contour
intervals not greater than:
Height of dam Maximum contour interval
300 feet or over 40 feet
100 feet or over, but less than 300 feet 20 feet
30 feet or over, but less than 100 feet 10 feet
Less than 30 feet 5 feet
For dams less than five feet high, the high water contour shall be
shown and the elevation of the maximum and minimum water surfaces
shall be stated.
(e) All contour maps shall show the high water line and state the eleva-
tion thereof, and include an area-capacity curve or table.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261, Water Code.
History
1 . Repealer of former Section 717, and renumberine and amendment of Section
680 to 7 17 filed 1-1 6-87; effective thirtieth day thereafter (Register 87. No. 10).
For prior history, see Registers 80, No. 48 and 7.3. No. 19.
2. Change without regulatory effect amending subsection (c) filed 9-25-2002 pur-
suant to section 100, title 1, Caiifomia Code of Regulations (Register 2002. No.
39).
§ 718. Requirements for Municipal Purposes.
Maps accompanying applicafions for municipal purposes shall show
the location of the place of use by outer boundaries. Sections and town-
ships of the public land survey or projections shall be superimpo.sed upon
the map.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261, Water Code.
History
1. Renumbering and amendment of Section 677 to Section 718 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 55, No. 1 7.
§ 719. Requirements for Irrigation Purposes.
Where irrigation is proposed by a public district organized under stat-
ute, a public utility, or a mutual water company, the exterior boundaries
of the general service area may be shown in lieu of compliance with the
provisions of Section 715(d). Where irrigation of very large areas is pro-
posed, the board may, in its discretion, waive compliance with the provi-
sions of Section 715(d) and accept as sufficient an identification of the
exterior boundaries of the general area to be irrigated.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261, Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55. No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Editorial correction (Register 60, No. 8).
4. Amendment of subsection (e) filed 5-9-74; effective thirtieth day thereafter
(Register 74, No. 19).
5. Renumbering and amendment of former Section 7 1 9 to Section 745. and renum-
bering and amendment of former Section 674 to Section 7 1 9 filed 1 - 1 6 87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 719.5. Claim of Right Without Compliance with Statutory
Procedure.
History
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Renumbering and amendment of former Section 719.5 to Section 746, filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 720. Requirements for Power Purposes.
(a) Maps accompanying applications for power purposes shall show
the point of diversion, the conduit, penstock and power house and, the
point at which the water is returned to the stream.
(b) Applicants applying for more than 3 cubic feet per second direct
diversion or 200 acre-feet per annum, shall submit a profile of the pen-
stock on which appears in figures, the elevafion of the nozzle if an im-
pulse wheel is to be used, or the elevation of the water surface at the draft
tube if a reaction wheel is to be used, and the elevation of the first free
water surface above the penstock. The difference between these two ele-
vations must equal the total fall to be ufilized.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260, 1261 and 1531, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Section 720 to Section 747 and 753,
and renumbering and amendment of Section 675 to Section 720 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 78, No. 9.
§ 721. Requirements for Mining Purposes.
Maps accompanying applicafions for mining purposes shall show the
location of the claims and of the mill if water is to be used in a mill. If
water is returned to the stream, the point of return shall be shown.
Page 57
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§722
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTi;: Authority cited: Section 1058, Water Code. Reference: Sections 1232,
1260 and 1261, Water Code.
History
1 . Renumbering and amendment of former Section 72 i to Section 748, and renum-
bering and amendment of Section 676 to Section 721 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Registers 79,
No.2 and 76, No. 36.
§ 722. Maps for Underground Storage.
Maps accompanying applications for underground storage shall show
the location of points of diversion or rediversion to underground storage,
the conduit system, the areas, estimated capacities and locations of
spreading grounds, the areas, capacities, and locations of underground
reservoirs, and the places of measurement of water diverted to under-
ground storage, and the place of use.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261, Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Resister 55, No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Reeister 60, No.
5).
3. Renumbering and amendment of former Section 722 to Section 749, and renum-
bering and amendment of Section 689 to Section 722 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 722.5. Abandonment of Protest.
NOTE: Authority cited: Section 1058, Water Code. Reference: Part 2, Division 2,
Water Code.
History
1. New section filed 9-3-76, effective thirtieth day thereafter (Reeister 76, No.
36).
2. Renumbering and amendment of former Section 722.5 to Section 750 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 723. Requirements for Other Purposes.
(a) Maps for applications for industrial purposes outside of a munici-
pality or for domestic, recreational, stockwatering, or other purposes not
named herein, shall show the location of the place of use by sections,
township and range of the public land survey and the 40-acre subdivision
thereof
(b) Maps accompanying applications for domestic use within subdivi-
sions, forest service tracts, etc., shall show the place of use by tract name
or number and lot numbers as well as by 40-acre subdivision, section,
township, and range.
(c) If the place of use is in an area not covered by a public land survey,
the nearest lines of the public land survey should be extended and shown
on the map.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
1260 and 1261, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5)
2. Renumbering and amendment of former Section 723 to Section 751 , and renum-
bering and amendment of Section 678 to Section 723 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
3. Editorial correcfion amending subsection (b) (Register 2005, No. 17).
§ 724. Filing and Application Without Maps — When
Allowed.
For preliminary purposes, the application may be filed without maps
or with such maps as are within the present ability of applicant to supply.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1052,
1260 and 1261, Water Code.
History
1. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No.
6).
2. Renumbering and amendment of former Section 724 to Section 752, and renum-
bering and amendment of Section 681 to Section 724 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 725. Deferral of CEQA Documents.
NOTH: Specific authority cited: Sections 1058 and 13991(g), Water Code. Specif-
ic reference cited: Part 2, Division 2, Chapters 3-5, 8 and \^. Division 7, Water
Code; and Divisions 1-2. Title 7, Government Code.
History
1. New section filed 8-1-78; effective thirtieth day thereafter (Redster 78, No.
31).
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 728. Board May Conduct — Co-Operation by Parties.
History
1 . Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60: effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of Section 728 to Section 755 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 729. Benefits and Detriments; Alternative Projects.
NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2,
Division 2, Water Code.
History
1 . New section filed 3-27-75; effective thirtieth day thereafter (Register 75, No.
13).
2. Renumbering and amendment of Section 729 to Section 756 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 8. Special Situation Applications
§ 730. Adding Power Plants to Existing Works.
(a) Persons having a permit or hcense for the use of water may petition
the board to add power use to the permit or license as a beneficial use
when the use of water for power can be accomplished v/ith no change in
the streamflow regime.
See Section 799 concerning petition for change to allow the addition
of power plants to existing works.
(b) A new application must be filed when:
(1 ) Use of the water for power will change the stream flow regime; or
(2) The applicant does not have a permit, license or other legal right
to the water to be appropriated; or
(3) The applicant has a permit or license, but additional water will be
used above the maximum amount of water allowed under the existing
permit or license.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secuons 106.7,
110, 1200, 1250.5, 1252, 1490 and 1491, Water Code.
History
1 . New Section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10). For history of former Section 730, see Register 60, No. 8.
§ 731. Applications for Water Where an Existing Right Is
Claimed.
(a) A person who claims an existing right to the use of water shall be
granted a permit or license to appropriate no more water than is needed
over that which is available under the existing right to meet the beneficial
use requirements of the project. In implementing this requirement, the
board will accept an application for an amount of water equal to the total
reasonable requirements of a project where the existing right asserted for
a common place of use has not been adjudicated or otherwise finally de-
termined. Any permit or license issued by the board pursuant to such an
application shall contain a condition which will limit the quantity of wa-
ter appropriated under the permit or license to the face value of the permit
or license less any water available under an existing right subsequently
determined to exist for the same place of use in any adjudication or other
legally binding proceeding.
(b) Where an applicant claims an existing right to the use of water
within the proposed place of use, the applicant shall describe the nature,
amount, season, points of diversion and place of use of such claim togeth-
er with the priority asserted. If the exisfing right is evidenced by a court
decree or other legally binding document, the applicant shall submit a
copy of such document unless the board already has a copy in i:s records.
(c) Any person who obtains a permit or license for a particular place
of use and thereafter transfers an existing water right for the same place
Page 58
Register 2005, No. 17; 4-29-2005
Title 23
State Water Resources Control Board
§735
•
of use to another place of use without the prior approval of the board shall
forfeit all rights under the permit or license.
(d) Any person who obtains a permit or license for a particular place
of use without claiming an existing water right for the same place of use
and who thereafter exercises a claimed existing right for that place of use
without the prior approval of the board shall forfeit all rights under the
permit or license.
(e) Any permit or license issued to a person who claims an existing wa-
ter right for the same place of use shall contain a term requiring the per-
mittee or licensee to take and use water under the existing right only in
accordance with law. The permittee or licensee will then be subject to en-
forcement action by the board for violation of this permit term if the per-
mittee or licensee takes water for there is no entitlement under the exist-
ing right in combination with the permit or license.
(0 Any person who has previously obtained a permit or license con-
taining a term obligating the permittee or licensee to waive an existing
right for so long as the permit or license remains in effect may have this
term deleted upon agreement to be subject to the provisions of subsec-
tions (a) through (e) of this section.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
2. Article X, California Constitution; and Sections 100, 275, 1201, 1202, 1253,
1255, 1375, 1410, 1675 and 1701, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth dav thereafter (Register 60, No.
5).
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Reeister 64, No.
6).
3. Renumbering and amendment of former Section 73 1 to Section 766, and renum-
bering and amendment of Section 653(b) to Section 731 filed 1-16-87; effec-
tive thirtieth day thereafter (Register 87, No. 10). For prior history, see Register
81, No. 11.
§ 732. Relationship of Applicant and User.
(a) Filing for Service of a Subdivision. If the applicant is the owner of
a subdivision and intends merely to construct and operate the diversion
system pending the time that the purchasers of the lots can themselves
take over and manage the diversion system, the conditions under which
title to the water right shall pass to the purchasers must be clearly estab-
lished.
(b) Establishment of Relationships. When the applicant will not use
the water to be appropriated, but will distribute or supply it to others, the
relationship between applicant and the water users must be clearly estab-
lished.
(c) Jurisdiction of Public Utilities Commission. The board may require
sufficient information to indicate whether a proposed distribution of wa-
ter will be subject to the jurisdiction of the Public Utilities Commission.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1253 and
1375, Water Code.
History
1. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No.
5).
2. Amendment filed 12-15-72; effecfive thirtieth day thereafter (Register 72, No.
51).
3. Renumbering and amendment of former Secfion 732 to Section 763, and renum-
bering and amendment of Sections 754, 755 and 756 to Sections 732 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
4. Editorial correcfion amending subsecfion (a) (Register 2005, No. 17).
§ 733. Underground Storage.
Applications proposing underground storage shall include the follow-
ing information upon a form that will be supplied by the board:
(a) The location of each point where it is proposed to divert or redivert
water from a natural channel to spreading grounds away from the stream,
or to take water under control for direct percolation into the stream chan-
nel. All locations shall be described in the manner detailed in Section
715(c).
(b) A description of the physical works used to divert and convey the
water and to accomplish the underground storage, including the head-
works, conduits and spreading grounds; the capacities of the conduits and
spreading grounds; the underground reservoirs, including the projected
surface areas and capacities thereof; and the method and points of mea-
surement of the water diverted to and withdrawn from underground stor-
age.
(c) In event an application proposes both surface diversion and under-
ground storage, the appropriate paragraph of the regular form shall be
completed regarding surface diversion and in addition the underground
features shall be described in the special form as provided in this section.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252.
1260 and 1261, Water Code.
History
1 . Amendment of subsection (0 filed .5-1 1-73; effective thirtieth day thereafter
(Register 73, No. 19). For prior history, see Register 71, No. 48.
2. Amendment of subsection (a) filed 3-3-78; effective thirtieth day thereafter
(Register78, No. 9).
3. Repealer of subsection (0 filed 7-6-79; effective thirtieth day thereafter (Regis-
ter 80, No. 3).
4. Renumber of subsections (g), (h), (i), (j), and (k) to (f). (g), (h), (i), and (j) filed
1-16-80 as procedural and organizafional, effective thirtieth day thereafter
(Register 80, No. 3). 5. Renumbering and amendment of ibrmer Section 733 to
Section 761, and renumbering and amendment of Secfion 688 to Secfion 733
filed 1 — 16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 733.5. Witnesses and Exhibits.
NOTE: Authority cited: Secfion 185 and 1058, Water Code. Reference: Sections
183 and 1051, Water Code.
History
1. New secfion filed 7-6-79; effective thirtieth day thereafter (Reeister 79, No.
27).
2. Renumbering and amendment of Secfion 733.5 to Secfion 762 filed 1-16 87;
effecfive thirtieth day thereafter (Register 87, No. 10).
§ 734. Applications Within the California Wild and Scenic
Rivers System.
(a) No application which proposes an appropriation of water in con-
nection with construction of a dam, reservoir, or other water impound-
ment facility on any river designated in Public Resources Code Section
5093.54 will be accepted for filing.
(b) An application which proposes an appropriation of water which
could affect any river designated in Pubhc Resources Code Section
5093.54. will be accepted for filing. The Secretary of the Resources
Agency will be provided special notice of any such application.
No permit shall be issued if the board finds that the appropriation
would impair the extraordinary scenic, recreational, fishery, or wildlife
values of any such designated river.
(c) An application which proposes an appropriation of water in con-
nection with construction of a water diversion facility on any river desig-
nated in Public Resources Code Section 5093.54, other than a dam, reser-
voir, or other water impoundment facility, will be accepted for filing;
provided, no permit shall be issued on any such application unless the
Secretary of the Resources Agency first determines ( 1 ) that such facility
is needed to supply domestic water to the residents of the county or coun-
ties through which the river flows, and (2) that such facility will not ad-
versely affect its free-flowing condition or natural character. Such deter-
mination shall be in addition to other findings which the board is required
by law to make.
NOTE; Authority cited: Secfion 1058, Water Code. Reference: Sections 5093.55,
5093.56 and 5093.61, Public Resources Code; and Secfion 1252, Water Code.
History
1. New Secfion filed 1-16-87; effective thirtieth day thereafter (Register 87. No.
10). For history of former Secfion 734, see Registers 78, No. 9, 7l No. 43, and
60,No. 5.
2. Editorial correcfion of Note (Register 2002, No. 39).
§ 735. Napa River, Special.
(a) Budding grape vines and certain other crops in the Napa Valley
may be severely damaged by spring frosts. During a frost, the high instan-
taneous demand for water for frost protection by numerous vineyardists
and other water users frequently exceeds the supply in the Napa River
stream system. This results in uncoordinated diversions and possible in-
fringements upon other rights. Therefore, all diversions of water from the
stream system between March 15 and May 15 determined lo be signifi-
cant by the board or a court of competent jurisdiction shall be considered
unreasonably and a violation of Water Code Section 100 unless con-
Page 59
Register 2007, No. 14; 4-6-2007
§736
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
trolled by a watcrmastcr administering a board or court approved distri-
bution program. Diversions for frost protection and irrigation during this
period shall be restricted to: (I) replenishment of reservoirs filled prior
to March \5 under an appropriative water right permit, or (2) diversions
permitted by the court.
(b) The service area of the distribution program may be revised at any
time by order of the board or the court. The board will retain jurisdiction
to revise terms and conditions of all frost protection permits should future
conditions warrant.
(c) Under this section diversion of water during the spring frost season
from March 15 to May 1 5 to replenish water stored in reservoirs prior to
the frost season is "regulation," as defined in Article 2. Section 657: Re-
plenishment diversion must be to reservoirs for which a permit or license
authorizing winter storage prior to the frost season has been issued.
Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article
X, California Constitution: and Sections 100, 275 and 1051 .5. Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Amendment filed 7-6-79; effective thirtieth day thereafter (Reeister 79, No.
27).
3. Repealer of former Section 735, and renumbering and amendment of former
Sections 659 and 660 to Section 735 filed 1-16-87; effective thirtieth day there-
after (Register 87, No. 10). For prior history, see Register 79, No. 41.
4. Editorial cortection amending subsection (a) (Register 2005, No. 17).
§ 736. Petitions for Assignment or Release from Priority of
Applications Filed Pursuant to Part 2, of
Division 6, Sections 10500 et seq. of the Water
Code.
(a) Petitions for assignment or release from priority of an application
filed pursuant to Section 10500 of the Water Code need not be in any par-
ticular form.
(b) Petitions for assignment must be submitted in duplicate and, if the
application is not complete, must include a proposed completed applica-
tion which complies with the requirements set forth in Articles 1 through
7 and Article 10 of this subchapter, to the extent each is applicable.
(c) A petition for assignment or release from priority will not be ac-
cepted for filing unless it is accompanied by the filing fee required by
chapter 5 (commencing with section 1061) of this division.
(d) If the proposed completed application fails to conform with legal
requirements, it will be returned to the petitioner with a statement of the
defects.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1252, 1260, 1525, 19594 and 10504.1. Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Section 736 to Section 765, and renum-
bering and amendment of Section 800 to Section 736 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 78,
No. 9.
3. Amendment of subsection (c) and Note filed 1 2-23-2003 as an emergency; op-
erative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530
this rulemaking action remains in effect until revised by the State Water Re-
sources Control Board.
§ 736.1 . Hearings in Response to Drought Emergency
Conditions.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275 and Di-
vision 2, Water Code.
History
1 . New section filed 1-31-77 as an emergency; effective upon filing (Register 77,
No. 6).
2. Certificate of Compliance filed 4-20-77 (Register 77, No. 17).
3. Renumbering and amendment of Section 736.1 to Section 767 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10).
§ 737. Time of Filing Petitions.
Two or more petitions for assignment or release from priority of the
same application will be considered on their merits without regard to
which was filed first.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 10504.01,
Water Code.
History
1. Amendment filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 737 to Section 760, and renum-
bering and amendment of former Section 801 to Secfion 737 filec 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 65. No. 20.
4. Bditorial connection amending section (Register 2005. No. 17).
5. Change without regulatory effect amending secfion filed 4-6-2007 pursuant to
sectio^n 100, title h California Code of Regulations (Register 2007, No. 14).
§ 737.1. Reconsideration of Board Decisions and Orders.
History
1. Renumbering and amendment of Secfion 737.1 to Section 768 filed 1-16-87;
effective thirtieth day thereafter (Register 87, N. 10). For prior his.ory, .see Reg-
ister 75. No. 21.
§ 737.2. Petition for Reconsideration.
History
1. Renumbering and amendment of former Secfion 737.2 to Section 769 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, see Register 75, No. 21.
§ 737.4. Board Action.
History
1. Renumbering and amendment of Secfion 737.4 to Secfion 770 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register75, No. 21.
§ 737.5. Procedure Relating to Hearings.
History
1. Renumbering and amendment of Secfion 737.5 to Section 771 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 75, No. 21.
§ 738. Protests to Petitions.
Protests to either a pefifion for assignment or release from priority or
to a proposed completed applicadon must be submitted within the dme
stated in the notice issued by the board or such further time as may be al-
lowed for cause by the board.
NOTE: Additional authority cited: Section 1058, Water Code. Reference: Section
10504.01, Water Code.
History
1. Amendment filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 738 to Section 79 1 , and renum-
bering and amendment of Section 802 to Section 738 filed 1 — 16-87; effective
thirtieth day thereafter (Reeister 87, No. 10). For prior history, sec Register 65,
No. 20.
§ 738.5. Nature of Action.
History
1 . New secfion filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No.
6).
2. Renumbering and amendment of former Secfion 738.5 to Secfion 792 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 739. Hearings of Petitions for Release from Priority.
Whenever pracficable, the hearing of a petition for release from prior-
ity will be combined with the hearing of the application in favor of which
the release is requested.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252,
10504.01, 10504.02 and 10504.1, Water Code.
History
1. New secfion filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No.
17).
2. Renumbering from 738.5 and amendment filed 3-10-60; effective thirtieth day
thereafter (Register 60, No. 5).
3. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No.
6).
4. Renumbering and amendment of former Secfion 739 to Secfion 793, and renum-
bering and amendment of Secfion 803 to Secfion 739 filed 1 — 16-87; effective
Page 60
Register 2007, No. 14; 4-6-2007
Title 23
State Water Resources Control Board
§ 750
thirtieth dav thereafter (Reeister 87, No. 10). For prior history, see Reeister 65,
No. 20.
§ 740. Maps and Data Required.
History
1. Amendinent tiled 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Renumbering from 739 and amendment filed 3-10-60; effective thhiieth day
thereafter (Register 60, No. 5).
3. Renumbering and amendment of Section 740 to Section 714 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 741 . Notice of Petition.
History
1 . Renumbering from 740 and amendment filed 3-10-60; effective thirtieth day
thereafter ( Register 60, No. 5). For history of former Section 741, see Register
60. No. 5.
2. Amendment filed 1-28-76; effective thirtieth day thereafter (Register 76, No.
5).
3. Renumbering and amendment of Section 741 to Section 795 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 742. Procedure on Petitions.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of Section 742 to Secfion 796 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 743. Changes Prior to Notice of an Application.
History
1 . New section filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of Section 743 to Section 797 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 744. Changes to Cover Incidental Uses of a Reservoir.
History
1. New section filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
6).
2. Amendment filed 1 2-7-67 as organizational and procedural; effecdve upon fil-
ing (Register 67, No. 49).
3. Renumbering and amendment of Section 744 to Section 798 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 9. Protests and Answers
§ 745. Protest Requirements.
Protests shall be submitted in writing with a duplicate copy to the
applicant and shall substantially comply with the following require-
ments.
(a) Each protest shall include the naine and address of the protestant
and show that the protestant has read either the application or the related
notice.
(b) If the protest is based on interference with a prior right, there shall
be an allegation of specific injury to protestant which will result from the
proposed appropriation. The protest shall state the basis of protestant' s
claim of right to use water and when the use began, the use which has
been made in recent years, and present use. The location of protestant' s
point of diversion shall be described with sufficient accuracy so that the
position thereof relative to the point of diversion proposed by applicant
may be determined.
(c) The allegation that the proposed appropriation would not be within
the board's jurisdiction, would not best conserve the public interest or
public trust uses, would have an adverse environmental impact, or would
be contrary to law shall be accompanied by a statement of facts support-
ing the allegation.
(d) Protestant should call attention to any amendment of the applica-
tion or other grounds for settlement which, if agreed upon, would result
in withdrawal of the protest.
(e) The protest shall indicate the manner in which service upon the
applicant of a duplicate copy of the protest has been made.
NOTE; Authority cited: Section 1058. Water Code. Reference: Sections 1330 and
1331, Water Code; and National Audubon Society' v. Superior Court of Alpine
County. 33 Cal.3d 419, 1 89 Cal.Rptr. 346, 658 P.2d 709 (1983).
History
1. Renumbering and amendment of Section 7 19 to Section 745 filed 1-16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 19.
§ 746. Claim of Right Without Compliance with Statutory
Procedure.
A protest based upon a claim of interference with an alleged appropria-
tive or prescriptive right which has not been adjudicated and which is
based solely upon use of water commenced since December 19, 1914,
without compliance with statutory procedure, will not be accepted.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 1 330 and
1331, Water Code; and People v. Sliirokow, 26 Cal.3d 301, 162 Cal.Rptr. 30, 605
P.2d 859 (1980).
History
1. Renumbering and amendment of Section 719.5 to Section 746 filed 1- 16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Registers 60. No. 5 and 55, No. 17.
§ 747. Time for Filing.
Protests shall be filed within the time stated in the notice of the applica-
tion or such further time as may, for good cause, be allowed by the board.
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1 33 1 and
1331. Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 747 to Section 775, and renum-
bering and amendment of Section 720 to Section 747 filed 1 — 16-87; effecti\'e
thirtieth day thereafter (Register 87, No. 10).
§ 748. Service of Supplements and Correspondence.
A copy of any supplement to the protest or letter concerning the protest
shall be served upon the opposing party.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1330,
1331, 1340, 1341, 1350 and 1352, Water Code.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55. No.
17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 748 to Section 776, and renum-
bering and amendment of Section 721 to Section 748 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 76,
No. 36.
§ 749. Rejection of Protest.
A protest will not be accepted if it fails substantially to comply with
the requirements of Section 745, fails to state a valid ground of protest,
or is based upon issues which are not within the jurisdiction of the board;
provided, however, that the board will allow reasonable opportunity to
correct a protest or to reach a settlement with the applicant. Since an up-
stream water user can take water before it reaches a downstream appli-
cant, a protest based upon interference with a prior right of such upstream
user normally will not be accepted.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 304 and
1331, Water Code.
History
1. Amendment filed 12-1-55, effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60 effective thirtieth day thereafter (Register 60. No.
5).
3. Renumbering and amendment of former Section 749 to Section 777, and renum-
bering and amendment of Section 722 to Section 749 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 750. Abandonment of Protest.
Failure of a protestant to respond to correspondence from the board
concerning the protest may be interpreted as an abandonment of interest
therein. Should such failure occur, the board may, by certified mail, di-
rect the protestant to respond. Failure to respond to such direction within
Page 61
Register 2007, No. 14; 4~6-2(K)7
§751
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
30 days from the date upon which the letter is received shall be deemed
an abandonment of the protest and the protest shall be dismissed without
further notice.
NOTF.: Authority cited: Section 1058, Water Code. Reference: Sections 1304,
1331, 1331, 1340. 1341, 1342, 1351 and 1352, Water Code.
History
1. Renumbering and amendment of Section to Section 750 filed 1 — 16-87; effec-
tive thirtieth day thereafter (Reeister 87, No. 10). For prior history, see Reeister
76, No. 36.
§ 751 . Answers to Protests.
The applicant should file an answer to each protest. To facilitate reso-
lution of protests, answers shall be filed not later than 15 days following
notification of acceptance of the protest, unless additional time is allowed
by the board. A copy of the answer shall be served on the protestant. A
statement that protestant has been served shall be filed with the answer
together with an indication of the manner of service.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252 and
1330, Water Code.
History
1 . Renumbering and amendment of Section 724 to Section 752 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 64. NO. 6.
§ 752. Content of Answers.
If the applicant files an answer to a protest, the answer shall be respon-
sive to the allegations contained in the protest. It should indicate the line
of defense which will be presented and any possibilities for settlement of
the protest which the applicant may suggest.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1252 and
1330, Water Code.
History
1. Renumbering and amendment of Section 724 to Section 752 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 64. No. 6.
§ 753. Extension of Time for Negotiation.
A request for extension of time within which to file a protest or answer
thereto in order to enable negotiation of conflicting claims shall be ac-
companied by a showing of diligent good faith efforts to reach an agree-
ment between the parties with reasonable prospects of success.
NoTE: Authority cited: Section 1058, Water Code. Reference: Sections 1220 and
1331. Water Code.
History
1. Renumbering and amendment of Section 720 to Secfion 753 filed 1 — 16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 60. No. 5.
§ 754. Establishment of Relationship.
History
1. Amendment filed 12-1-55; effective thirtieth day thereafter (Register 55, No.
17).
2. Amendment filed 3-10-60; effective thirtieth dav thereafter (Register 60. No.
5).
3. Renumbering and amendment of Section 754 to Section 762 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 10. Investigations
§ 755. Board May Conduct — Cooperation by Parties.
The board may, in its discretion, conduct a field investigation of the
water and other resources affected by an application. The parties may be
requested to confer and cooperate with the engineer and other representa-
tives of the board designated to carry our such investigations.
Note; Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051,
1250, and 1251, Water Code; and Sections 21082, 21082.2 and 21 100, Public Re-
sources Code.
History
1. Renumbering of former Section 760 to Section 755 and amendment filed
12-1-55; effective thirtieth day thereafter (Register 55, No. 17).
2. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 755 to Section 732. and renum-
bering and amendmenl of Section 728 to Section 755 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 756. Benefits and Detriments; Alternative Projects.
(a) Analysis. The board shall at the request of any party or on its own
motion, to the extent practicable, identify and evaluate the benefits and
detriments, including but not limited to economic and enviro:imental fac-
tors, of the present and prospective beneficial uses of the waters involved
and alternative means of satisfying or protecting such uses, and make
findings with respect thereto. For example, if releases of stored water
may be required in connection with a project, any party may request that
the board analyze the potential benefits and detriments, if any, of such
releases. These benefits and detriments may be both economic and envi-
ronmental. Some examples are possible enhancement or mitigation of
flows and enhancement or mitigation of water quality downstream which
may. in turn, result in economic benefit or economic mitigation to down-
stream water users and cause a reduction in economic benefit to direct
users of project water by reducing the amount of water available for their
use.
(b) Source of Information. The applicant may be required, and other
parties may be requested, to provide such information as is determined
necessary by the board to prepare the evaluafion provided for by this sec-
tion. The board will use the environmental documents prepared for the
project and evidence received in any proceeding relative to ihe applica-
fion as sources of information to the fullest extent possible.
(c) Time for Filing Request. Any request by a party that the board make
the evaluation called for by this section must be received prior to the date
of nofice of hearing or notice that the board will conduct proceedings in
lieu of hearing.
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 100. 174.
275, 1242.5, 1243, 1251, 1253, 1256. 1257, 1258, 1391, 1394, 13000, 13001.
13050. 13140. 13141, 13142, 13170 and 1 3240, Water Code.
History
1 . Renumbering of former Section 758 filed 12-1-55; effective thirtieth day there-
after (Register 55. No. 17).
2. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
3. Renumbering and amendment of former Section 756 to Section 732, and renum-
bering and amendment of Section 729 to Section 756 filed 1 — 16-87; effecfive
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75,
No. 13.
§ 757. Filing for Service of a Subdivision (Leasing).
History
1. Repealer filed 12-1-55; effecfive thirtieth day thereafter (Register 55, No. 17).
Article 11.
Hearings and Proceedings in
Lieu of Hearing
§ 760. Hearings on Water Right Applications and Other
Water Right Matters.
Adjudicative hearings on water right applicaUons and other water
right matters shall be conducted in accordance with the procedures set
forth in arUcle 2 of chapter 1.5 of this division. Nothing in this section
shall limit the Board's authority to conduct nonadjudicative information-
al hearings.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183, 1051. 1342, 1345, 1346, 1347. 1348, 1350, 1391 and 1394, Water Code.
History
1. New Article 17.1 (Section 760) filed 11 -24-71; effective thirtieth day thereafter
(Register 71. No. 48).
2. Renumbering and amendment of former Section 760 to Secfion 700. and renum-
bering and amendment of Secfion 737 to Section 760 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87. No. 10).
3. Repealer and new section filed 3-26-98 as an interim regulation pursuant to
Government Code section 1 1400.20; operative 3-26-98 (Register 98, No. 13).
Interim regulations expire 12-31-98 unless earlier amended or repealed.
4. Pursuant to Government Code section 1 1 400.20(b)(2), interim regulations ex-
tended to 3-31-99 by filing of permanent regulations with OAL on 1 1-25-98.
Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted
Page 62
Register 2007, No. U; 4-6-2007
Title 23
State Water Resources Control Board
§ 764.12
by the State Water Resourees Control Board on 3-10-99; and filed with the Sec-
retary of State on 3-31-99, el'feetive upon filing (Register 99, No. 14).
?} 761 . Procedure at Hearings.
NOTI'.: Authority cited: Section 1058. Water Code. Reference: Sections 183, 1051,
1251 and 1353, Water Code.
History
1 . New Article 17.2 (§§761, 762, 763) filed 3-23-73; effective thirtieth day there-
after (Register 73, No. 12). 2. Amendment of subsection (a) filed 3-27-75; ef-
fective thirtieth day thereafter (Register 75, No. 13).
2. Amendment of subsection (a) filed 1-28-77; effective thirtieth day thereafter
(Register 77, No. 5).
3. Amendment filed 8-1-78; effective thirtieth day thereafter (Register 78, No.
31).
4. Renumbering and amendment of former Section 761 to Section 780, and renum-
bering and amendment of Section 733 to Section 761 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 80,
No. 3.
5. Editorial correction amending numerical sequence of Histories (Register 98,
No. 13).
6. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code
section 1 1400.20; operative 3-26-98 (Register 98, No. 13). Interim reguladons
expire 12-31-98 unless earlier amended or repealed.
7. Permanent repealer filed 3-31-99 (Register 99, No. 14).
§ 762. Witnesses and Exhibits,
NOTfc: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
183 and 1051, Water Code.
History
1 . Renumbering and amendment of former Section 762 to Section 78 1 , and renum-
bering and amendment of Section 735.5 to Section 762 filed 1-16-87; effecUve
thirtieth day thereafter (Register 87, No. 10). For prior history, see Registers 79,
No. 27 and 78, No. 12.
2. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code
section 1 1400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations
expire 12-31-98 unless earlier amended or repealed.
3. Permanent repealer filed 3-31-99 (Register 99, No. 14).
§ 762.5. Passage of Water for Fish.
NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2,
Division 2, Water Code.
History
1 . New section filed 4-24-75; effective thirtieth day thereafter (Register 75, No.
17).
2. Renumbering and amendment of Section 762.5 to Section 782 filed I-I6-87;
effective thirtieth day thereafter (Register 87, No. 10).
§ 763. Subpoenas.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Secfions
183, 1080, 1082, 1083, 1084, 1085, 1086 and 1090, Water Code.
History
1. Amendment filed 2-28-75; effecfive thirtieth day thereafter (Register 75, No.
9). For prior history, see Register 73, No. 12.
2. Renumbering and amendment of former Section 763 to Section 783, and renum-
bering and amendment of Section 732 to Section 763 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
3. Repealer filed 3-26-98 as an interim regulation pursuant to Government Code
section 1 1400.20; operafive 3-26-98 (Register 98, No. 13). Interim reguladons
expire 12-31-98 unless earlier amended or repealed.
4. Permanent repealer filed 3-31-99 (Register 99, No. 14).
§ 763.5. Release of Stored Water.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 6, Part 2,
Division 2, Water Code.
History
1 . New section filed 3-27-75; effective thirtieth day thereafter (Register 75, No.
13).
2. Amendment of subsection (b) filed 10-1-75; effecfive thirtieth day thereafter
(Register 75, No. 40).
3. Renumbering and amendment of Section 763.5 to Secfion 784 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10).
§ 764. Combined Hearings.
The board may hold a hearing to obtain evidence necessary to allow
it to adopt or amend a water quality control plan pursuant to Water Code
Section 13170 in combination with a hearing regarding a specific water
right application or petition for a change, or in connection with a hearing
regarding an exercise of the board's reserved jurisdiction. Whenever the
board decides to hold a combined hearing and to make only one record
for the combined proceeding, the board's hearing shall meet all of the re-
quirements of Part 2 (commencing with Section 1200) of Division 2 of
the Water Code.
Note: Authority cited: Section 1058, WaterCode. Reference: Sections 1 79, 1 79.6
and 183, WaterCode.
History
1. New Article 17.3 (Sections 764, 764.5-764.8) filed 1-25-74; effective thirtieth
day thereafter (Register 74, No. 4).
2. Amendment filed 6-26-75; effective thirtieth day thereafter (Register 75. No.
26).
3. Renumbering and amendment of former Section 764 to Section 820, and new
Secfion 764 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 764.5. Investigation of Complaints.
History
1. Renumbering and amendment of Section 764.5 to Section 821 filed 1 16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 74, No. 4.
§ 764.6. Action by the Board.
History
1. Renumbering and amendment of Secfion 764.6 to Secfion 822 filed 116 87;
effective thirtieth day thereafter (Register 87, No. 10). For prior historj', see
Register 74, No. 4.
§ 764.7. Action on the Board's Own Motion.
History
1. Renumbering and amendment of Secfion 764.7 to Secfion 823 filed 1 16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 74, No. 4.
§ 764.8. Licenses.
History
1 . Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
For prior history, see Register 74, No. 4.
§ 764.9. Policy.
NOTE: Authority cited: Secfion 1058, WaterCode. Reference: Secfion 275, Chap-
ter 2.5, Division 1 and Part 2, Division 2, Water Code.
History
1. New secfion filed 1-28-77; effective thirtieth day thereafter (Register 77, No.
5).
2. Renumbering and amendment of Secdon 764.9 to Secfion 855 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10).
§764.10. Investigations.
Note: Authority cited: Secfion 1058, WaterCode.
History
1. New Article 17.4 (Sections 764.10-764.13) filed 5-22-75; effective thirtieth
day thereafter (Register 75, No. 21).
2. Amendment filed 6-24-77; effecfive thirtieth day thereafter (Register 77, No.
26).
3. Renumbering and amendment of Section 764.10 to Section 856 filed 1 16-87;
effecfive thirtieth day thereafter (Register 87, No. 10).
§ 764.1 1 . Notifications and Orders.
History
1. Amendment filed 6-24-77; effecfive thirtieth day thereafter (Register 77, No.
26). For prior history, see Register 75, No. 21.
2. Renumbering and amendment of Section 764.1 1 to Section 857 filed 1-16-87;
effecfive thirtieth day thereafter (Register 87, No. 10).
§ 764.12. Noncompliance with Order: Revocation of
Entitlement.
History
1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No.
26).
2. Change without regulatory effect repealing section filed 3-26-98 pursuant to
section 100, title I, California Code of Reguladons (Register 98, No. 13).
Page 63
Register 2007, No. 14; 4-5-2007
§ 764.13
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 764.13. Noncompliance with Order: Enforcement by
Attorney General.
History
1. Amendment filed 6-24-77; effective thirtieth day thereafter (Register 77, No.
26).
2. Change without regulatory effect repealing section filed 3-26-98 pursuant to
section 100, title 1, California Code of Regulations (Register 98, No. 13).
§ 764.14. Alternative Procedure.
The procedures established in this article shall be constmed as alterna-
tive to. and not exclusive of, the procedures established in Chapter 5 of
Title 23, California Administrative Code, in accordance with Section
4007 therein.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
275, Water Code.
History
1. New section filed 7-6-79; effective thirtieth day thereafter (Register 79, No.
27).
§ 764.20. Conservation and Protection of Water Within the
Sacramento-San Joaquin Delta and Its
Tributary Streams.
NOTE: Additional authority cited: Sections 100, 275, 13000-13001 and 13140,
Water Code. Reference: Chapters 1 and 3, Division 7, Water Code.
History
1. Repealer filed 2-9-78 as an emergency; effective upon filing (Register 78, No.
6). For prior history, see Register 77, Nos. 24, 33 and 51.
2. Certificate of Compliance as to 2-9-78 repealer filed 4-14-78 (Register 78, No.
15).
§ 765. Hearings to Be Held Promptly.
Protested applications will be heard as promptly as practicable in light
of all the circumstances. Requests for mordinate delay of hearings or in
conducting stipulated proceedings in lieu of hearing will be denied.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 179.6, 183
and 1051, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Section 765 to Section 830, and renum-
bering and amendment of Section 736 to Section 765 filed 1 — 16-87; effecdve
thirtieth day thereafter (Register 87, No. 10).
§ 766. Failure to Appear— Effect.
Any party who fails to appear at a hearing will not be entitled to a fur-
ther opportunity to be heard unless good cause for such failure is shown
to the board within five days thereafter. The lack of such showing of good
cause may, in the discretion of the board, be interpreted as an abandon-
ment of interest in the application.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 183 and
1352, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Section 766 to Secdon 83 1 , and renum-
bering and amendment of Secfion 731 to Section 766 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 64,
No. 6.
§ 767. Hearings in Response to Drought Emergency
Conditions.
(a) Any hearing held to consider the taking of action in response to
drought emergency conditions shall receive calendar priority over other
matters pending hearing before the board.
(b) The board shall give notice of any hearing to consider action in re-
sponse to drought emergency conditions at least seven days prior to the
hearing. The provisions of Section 648.4 of Article 2, relating to submit-
ting proposed exhibits, shall not apply to any such hearing. The time for
submitting such materials shall be as specified in the hearing notice.
(c) In addition to any other issues specified in the hearing notice as is-
sues upon which the parties should submit information, the parties to any
such hearing shall address the following issues: (1) Existence of a bona
fide drought emergency, including information to enable evaluation of
the seriousness of the emergency; (2) water conservation measures
which have been iinplemented in the area being served; and (3) availabil-
ity of alternative sources of water supply, including reclaimed water.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, 1425,
1427, 1428. 1430 and 1431, Water Code.
History
1 . Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60 , No.
5). (Ed. Note-Similar to former Secfion 766.)
2. Renumbering and amendment of former Section 767 to Section 832, and renum-
bering and amendment of Section 736.1 to Section 767 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 77,
No. 17.
3. Change without regulatory effect amending subsection (b ) filed 9-25-2002 pur-
suant to section 1 00, title 1 . California Code of Regulations (Register 2002, No.
39).
4. Editorial correcfion amending subsection (a) (Register 2005, No. 17).
Article 12. Reconsideration and
Amendments of Board Water Right Decision
and Orders
§ 768. Reconsideration of Board Decisions and Orders.
No later than thirty (30) days after adoption by the board of a decision
or order, any person interested in any application, permit oi" license af-
fected by the decision or order may petition the board for reconsideration
of the matter upon any of the following causes:
(a) Irregularity in the proceedings, or any ruling, or abuse of discre-
tion, by which the person was prevented from having a fair hearing;
(b) The decision or order is not supported by substantial evidence;
(c) There is relevant evidence which, in the exercise of reasonable dili-
gence, could not have been produced;
(d) Error in law.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfions 1 122 and
1 123, Water Code.
History
1 . Repealer of former Section 768, and renumbering and amendment of Section
737.1 to Section 768 filed 1-16-87; effective thirtieth day thereafter (Register
87, No. 10). For prior history, see Register 75, No. 21.
2. Change without regulatory effect amending Note filed 4-6-2007 pursuant to
section 100, title 1, California Code of Regulations (Register 2007, No. 14).
§ 769. Petition for Reconsideration.
(a) Any petition for reconsideration of a decision or order shall be sub-
mitted in writing and shall contain the following:
( 1 ) Name and address of the petitioner.
(2) The specific board action of which petitioner requests reconsidera-
tion.
(3) The date on which the order or decision was made by the board.
(4) The reason the action was inappropriate or improper.
(5) The specific action which petitioner requests.
(6) A statement that copies of the petition and any accompanying ma-
terials have been sent to all interested parties.
(b) If reconsideration is requested based in whole or in part on Section
768, subdivision (c), the petition shall include an affidavit or declaration
under penalty of perjury stating that additional evidence is available that
was not presented to the board and the reason it was not presented. A gen-
eral statement of the nature of the evidence and of the facts to be proved
shall also be included.
(c) The petition shall be accompanied by a statement of points and au-
thorities in support of legal issues raised in the petition.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 122 and
1123, Water Code.
History
1 . Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Secfion 769 to Section 833, and renum-
bering and amendment of Section 737.2 to Section 769 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75,
No. 21.
Page 64
Register 2007, No. 14; 4-6-2007
Title 23
State Water Resources Control Board
§779
3. Cliangc without regulator}' effect amending subsection (b) and NoTi; filed
4 6-2007 pursuant to section 100, title l,CalifomiaCodeofReeulations (Reg-
ister 2007. No. 14).
§ 770. Board Action.
(a) The board may:
(1 ) Refuse to reconsider the decision or order if tlie petition fails to
raise substantial issues related to the causes for reconsideration set out in
Section 768; or
(2) After review of the records, including any hearing transcript and
any material submitted in support of the petition:
(A) Deny the petition upon a finding that the decision or order was ap-
propriate and proper; or
(B) Set aside or modify the decision or order; or
(C) Take other appropriate action.
Before taking final action, the board may, in its discretion, hold a hear-
ing for the purpose of oral argument or receipt of additional evidence or
both.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1 122
and 1123, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Section 770 to Section 834, and renum-
bering and amendment of Section 737.4 to Section 770 filed 1-16-87; effecdve
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75,
No. 21.
3. Kditorial correction amending subsection (a)( 1 ) (Register 2005, No. 17).
4. Change without regulatory effect amending NoTH filed 4-6-2007 pursuant to
section 100. title 1, California Code of Regulations (Register 2007, No. 14).
§ 771 . Procedure Relating to Hearings.
The provisions of Article 1 1 of the subchapter insofar as they are appli-
cable shall govern hearings under this article.
NOTI-.: Authority cited: Section 1058. Water Code. Reference: Sections 183, 1051,
1080. 1 122 and 1 123, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth dav thereafter (Register 60, No.
5).
2. Renumbering and amendment of former Section 77 1 to Section 835, and renum-
bering and amendment of Section 737.5 to Section 77 1 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75,
No. 21.
3. Change without regulatory effect amending NoTi-: filed 4-6-2007 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2007, No. 14).
§ 772. Issuance of Separate Permits and Licenses.
History
1. New section filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
2. Renumbering and amendment of Section 772 to Section 836 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 13. Right of Access
§ 775. Right of Access Over Lands Not Owned by
Applicant.
When the applicant will need to occupy property or to use existing
works not owned by him, it will generally be sufficient for the applicant
to state in writing that the consent of the owner has been obtained, pro-
vided there is no denial. When the owner will not consent, the board may
require satisfactory evidence of the applicant's ability through condem-
nation proceedings or otherwise to secure the necessary right of access
before the application will be approved. For good cause shown, the board
may allow reasonable time for the applicant to negotiate with the owner
for the necessary right of access.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1250,
1252, 1253. 1257 and 1260, Water Code.
History
1. Renumbering and amendment of Section 747 to Section 775 filed 116 87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, sec Reg-
ister 60, No. 5. ^
2. Kditorial correction amending section (Register 2005, No. 17).
§ 776. Where Public Agency Permission or Approval Is
Required.
If the proposed project will require a permit, license, or approval from
another public agency or officer and it become evident that regardless of
the action taken by the board, such permit, license, or approval could not
be secured from the proper agency, the application will be rejected.
NOTE; Authority cited: Section 1058. Water Code. Reference: Sections 1250 and
1255, Water Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5). (Hd. Note — Similar to former Section 778.)
2. Amendment filed 3-19-64; effective thirtieth day thereafter (Register 64, No.
6).
3. Renumbering and amendment of former Section 776 to Section 840, and renum-
bering and amendment of Section 748 to Section 776 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 776.5. Requests for Extension of Time Under Permit.
HiSTCmY
1. New section filed 12-1-55; effective thirtieth day thereafter (Register 55. No.
17).
2. Repealer filed 3-10-60; effective thirtieth day thereafter (Register 60. No. 5).
§ 777. Right of Access over Lands Where Title Is Disputed.
The board will not undertake to determine title to land or the right to
occupy or use land or other property. A dispute concerning applicant's
title or right to occupy or use land or other property necessary for con-
summation of the proposed appropriaUon is not cause for denial of an
application. A protest based solely upon such disputed title or right will
ordinarily be rejected as not presenting an issue within the board's juris-
diction; provided that the board may temporarily defer action on an appli-
cation pending judicial determination of applicant's fitle or right to
occupy or use property when in the board's judgment such action is justi-
fied.
NOTE; Authority cited: Section 1058, Water Code. Reference: Secfion 1250, Wa-
ter Code.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5). (Ed. Note - Similar to former Secfion 776.)
2. Renumbering and amendment of former Secfion 777 to Section 841 , and renum-
bering and amendment of Section 749 to Section 777 filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 778. Request for Extension of Time Under Permits.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5). (Ed. Note — Similar to former Section 776.5.)
2. Renumbering and amendment of Secfion 778 to Section 842 filed 1-16-87; ef-
fective thiitieth day thereafter (Register 87, No. 10).
§ 778.5. Notice of Petitions and Protests.
History
1. New secfion filed 5-9-74; effective thirtieth day thereafter (Register 74. .No.
19).
2. Amendment of subsecfion (a) filed 1-28-76; effective thirtieth day thereafter
(Register 76, No. 5).
3. Renumbering and amendment of Section 778.5 to Secfion 843 filed 1-16-87
effecfive thirtieth day thereafter (Register 87, No. 10).
§ 779. Cause for Extension of Time.
History
1. Amendment filed 3-10-60; effecfive thirtieth day thereafter (Register 60, No.
5).
2. Amendment filed 3-19-64; effecfive thirtieth day thereafter (Register 64, No.
6).
3. Amendment filed 12-24-7 1 ; effective thirtieth day thereafter (Register 7 1 , No.
48).
4. Editorial correction (Register 72, No. 27).
Page 65
Register 2007, No. 14; 4-6-2007
§780
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
5. Renumbering and amendment of Section 779 to Section 844 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 14. Standard Permit Terms and
Conditions
§ 780. Standard Permit Terms.
The board maintains a list of Standard Permit Terms, applicable por-
tions of which are included in all permits. Copies of the Standard Permit
Terms are available upon request. In addition to the applicable standard
terms which are included in each permit, the following terms shall be in-
cluded in every water right permit issued by the board, and shall be in-
cluded in every existing permit as a condition for granting an extension
of time to commence or to complete construction work or to apply the
water to full beneficial use:
(a) Continuing Authority. Pursuant to California Water Code Sections
1 00 and 275 and the common law public trust doctrine, all rights and priv-
ileges under this permit and under any license issued pursuant thereto,
including method of diversion, method of use, and quantity of water di-
verted, are subject to the continuing authority of the State Water Re-
sources Control Board in accordance with law and in the interest of the
public welfare to protect public trust uses and to prevent waste, unreason-
able use, unreasonable method of use or unreasonable method of diver-
sion of said water.
The continuing authority of the board may be exercised by imposing
specific requirements over and above those contained in this permit with
a view to eliminating waste of water and to meeting the reasonable water
requirements of permittee without unreasonable draft on the source. Per-
mittee may be required to implement a water conservation plan, features
of which may include but not necessarily be limited to: ( 1 ) reusing or re-
claiming the water allocated; (2) using water reclaimed by another entity
instead of all or part of the water allocated; (3) restricting diversions so
as to eliminate agricultural tailwater or to reduce return flow; (4) sup-
pressing evaporation losses from water surfaces; (5) controlling phreato-
phytic growth; and (6) to installing, maintaining, and operating efficient
water measuring devices to assure compliance with the quantity limita-
tions of this permit and to determine accurately water use as against rea-
sonable water requirements for the authorized project. No action will be
taken pursuant to this paragraph unless the board determines, after notice
to affected parties and opportunity for hearing, that such specific require-
ments are physically and financially feasible and are appropriate to the
particular situation. The continuing authority of the board also may be
exercised by imposing further limitations on the diversion and use of wa-
ter by the permittee in order to protect public trust uses. No action will
be taken pursuant to this paragraph unless the board determines, after no-
tice to affected parties and opportunity for hearing, that such action is
consistent with California Constitution Article X, Sec. 2; is consistent
with the public interest and is necessary to preserve or restore the uses
protected by the public trust.
(b) ( 1 ) Water Quality Objectives. The quantity of water diverted under
this permit and under any license issued pursuant thereto is subject to
modification by the State Water Resources Control Board if, after notice
to the permittee and an opportunity for hearing, the board finds that such
modification is necessary to meet water quality objectives in water quali-
ty control plans which have been or hereafter may be established or modi-
fied pursuant to Division 7 of the Water Code. No action will be taken
pursuant to this paragraph unless the board finds that ( 1 ) adequate waste
discharge requirements have been prescribed and are in effect with re-
spect to all waste discharges which have any substantial effect upon wa-
ter quality in the area involved, and (2) the water quality objectives can-
not be achieved solely through the control of waste discharges.
(c) Automatic Approval of Permits. Permits approved in accordance
with the provisions of Government Code Section 65956 which provides
for automatic approval of development applications under certain condi-
tions shall contain terms (a) and (b) of this section and all other applicable
Standard Permit Terms, and the season of diversion authorized by the
permit shall be consistent with past decisions of the board concerning
availability of unappropriated water in the watershed in question.
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 100. 106,
275, 1243.5. 1250, 1252. 1253, 1391, 1 394. and Division 7. Water Code; M(r/w(//
Audubon Socien' v. Superior Court of Alpine County 33 Cal.3d 419. 1 89 Cai.Rptr.
346, 658 P.2d 709 (1983): and Section 2, Article X, California Corstilution.
History
1 . Renumbering and amendment of Section 766 to Section 780 filed 1-16-87; ef-
fective thirtieth day thereafter (Reeister 87, No. 10). For prior history, see Reg-
ister 78, No. 31.
§781. Public Access for Fishing.
In compliance with Fish and Game Code Section 5943, all permits for
storage of water on a stream naturally frequented by fish shall require the
permittee to accord to the public, for the purpose of fishing, reasonable
right of access to the waters impounded by the dam under the permit dur-
ing the open season for the taking of fish, subject to the regulations of the
Fish and Game Commission and, for domestic water supply reservoirs,
subject to applicable public health requirements contained in Title 17 of
the California Administrative Code.
NOTE; Authority cited: Section 1058. Water Code. Reference: Section 1253, Wa-
ter Code.
History
1 . New section filed 8-24-73; effective thirtieth day thereafter (Reeister 73, No.
34).
2. Renumbering and amendment of former Section 78 1 to Section 845, and renum-
bering and amendment of Section 762 to Section 781 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 73,
No. 12.
§ 782. Passage of Water for Fish.
In compliance with Section 5937 of the Fish and Game Code, all per-
mits for diversion of water from a stream by means of a darn which do
not contain a more specific provision for the protection of fish shall re-
quire the permittee to allow sufficient water at all times to pass through
a fishway, or in the absence of a fishway, allow sufficient water to pass
over, around, or through the dam to keep in good condition any fish that
may be planted or exist below the dam; provided that during a period of
low flow in the stream, upon approval of the Department of Fish and
Game, this requirement will be satisfied if sufficient water is passed
through a culvert, waste gate, or over or around the dam to keep in good
condition any fish that may be planted or exist below the dam if it is im-
practicable or detrimental to pass the water through a fishway. In the case
of a reservoir, this provision shall not require the passage or release of
water at a greater rate than the unimpaired natural inflow into the reser-
voir.
NotE: Authority cited: Section 1058, Water Code. Reference: Sections 1390 and
1394, Water Code.
History
1 . New Article 20 (§782) filed 3-1 0-60; effective thirtieth day thereafter (Register
60, No. 5). (Ed. Note — Similar to former Section 779.)
2. Renumbering and amendment of former Section 782 to Section 847, and renum-
bering and amendment of Section 762,5 to Section 782 filed 1-16- S7; effective
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 75,
No. 17.
§ 783. Waste Discharge Requirements.
When the permittee is or will be required to file a report of waste dis-
charge pursuant to Section 13260 of the Water Code, the permit shall
contain the following term: No water shall be used under this permit until
the permittee has filed a report of waste discharge with the California Re-
gional Water Quality Control Board, R(;gion, pur-
suant to Water Code Section 1 3260, and the regional board or State Water
Resources Control Board has prescribed waste discharge requirements
or has indicated that waste discharge requirements are not required.
Thereafter, water may be diverted only during such times as all require-
ments prescribed by the regional board or state board are being met. No
discharges of waste to surface water shall be made unless wast(i discharge
requirements are issued by a regional board or the state board. A dis-
charge to groundwater without issuance of a waste discharge require-
ment may be allowed if after filing the report pursuant to Section 13260:
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§792
( 1 ) The regional board issues a waiver pursuant to Section 13269, or (2)
The regional board fails to act within 120 days of the filing of the report.
No permittee shall be required to file a report of waste discharge pur-
suant to Section 13260 of the Water Code for percolation to the ground-
water of water resulting from the irrigation of crops.
History
1 . New section filed 1-28-77; effective thirtieth day thereafter (Register 77, No.
3).
2. Renumbering and amendment of former Section 783 to Section 848, and renum-
bering and amendment of Section 763 to Section 783 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Registers 75,
No. 9 and 73, No. 12.
§ 784. Release of Stored Water.
(a) In exercising its discretionary authority respecting applications to
appropriate water, including prescribing or modifying permit terms and
conditions, the board may require releases of water diverted and stored
whenever such releases are determined by the board to be in the public
interest or are needed to protect public trust uses of water, if such require-
ment is reasonable under Article X, Section 2 of the California Constitu-
tion.
(b) Notwithstanding subsection (a) of this section, after a permit has
been issued and construction has commenced or substantial financial
commitment for construction has been undertaken by the permittee, the
board will not require a release or bypass of water authorized to be appro-
priated by such permit unless the permittee agrees to such bypass or re-
lease or unless the board at the time the permit was issued expressly re-
served jurisdiction to require such bypass or release. This subsection
shall not apply to the continuing authority of the board to regulate appro-
priations of water so as to conform with Section 780 of this subchapter,
or to revoke permits as provided in Article 5, Chapter 6, Part 2, Division
2 of the California Water Code. This subsection shall not apply to actions
required to implement the provisions of Article 3 (commencing with Sec-
tion 1 1460) of Chapter 3, Part 3, Division 6. or Part 4.5 (commencing
with Section 12200) of Division 6 of the California Water Code.
(c) Before requiring releases of water pursuant to subsection (a) of this
section over the objection of the applicant or permittee, the board will
hold a hearing and make findings with respect thereto. The hearing will
be limited to a consideration of ( 1 ) the basis of any recommendation of
the Department of Fish and Game pursuant to Water Code Section 1 243;
(2) whether such releases are necessary to maintain or enhance beneficial
uses or to meet water quality objectives in the relevant water quality con-
trol plan; (3 ) the probable effect of releases upon the applicant's proposed
project; (4) evidence to assist in the preparation of dry and critical year
relief provisions related to releases; and (5) any other issues which may
be relevant to the appropriateness of a release requirement.
(d) The quantity of water required to be released from storage shall be
reduced in dry and critical years as defined by the board on a basis deter-
mined by the board to be equitable after considering and balancing the
effect of reduced quantity upon downstream conditions and upon permit-
tee's project.
NoTt-.: Authority cited: Section 1058, Water Code. Reference: Section 100, 174,
275,2142.5, 1253, 1256, 1257, 1258, 1391, 13000, 13001, 13050, 13140, 13141,
1 3 1 42, 1 3 1 70 and 1 3240, Water Code; and National Audubon Society v. Superior
Court of Alpine County, 33 Cal.3d 419, 189 Cal.Rptr. 346, 658 P.2d"709 (1983).
History
1. Renumbering and amendment of Section 763.5 to Section 783 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 75, No. 40.
§ 785. Surface Diversion or Storage.
History
1 . New Article 20 (§§785 and 786) filed 12-1-55; effective thirtieth day thereafter
(Register 5.5, No. 17).
2. Renumbering to Article 21 and amendment filed 3-10-60; effective thirtieth
day thereafter (Register 60, No. 5).
3. Renumbering and amendment of Secdon 785 to Secfion 846 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 786. Underground Storage.
History
1. Amendment filed 3-10-60; effective thirtieth day thereafter (Register 60, No.
5).
2. Renumbering and amendment of Section 786 to Section 846 filed 1-16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 790. Revocation Hearings.
History
1 . New Article 22 (§§ 790, 79 1 , 792) filed 3-10-60; effective thirtieth day thereaf-
ter (Register 60, No. 5).
2. Renumbering and amendment of Section 790 to Section 850 filed i-16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Article 15. Changes in Point of Diversion,
Place of Use, or Purpose of Use
§ 791 . Change Petitions.
(a) After notice of an application to appropriate water has been given
pursuant to Article 3, changes in point of diversion, place of use, or pur-
pose of use as stated in the application, permit, or license may be allowed
only upon petition and provided that the petitioner establishes that the
proposed change(s) will neither in effect initiate a new right nor injure
any other legal user of water.
(b) Upon petition under Water Code Section 1 740, the board may ap-
prove changes in point of diversion, place of use or purpose of use in a
water right determined by a court decree issued pursuant to Water Code
Section 2500 et seq. after January 1 , 1981 . The petitioner shall provide
the same factual basis for a temporary, long-term, or permanent change
in a water right determined under Water Code Section 2500 et scq. as
would be required for a temporary, long-term, or permanent change un-
der a permit or license.
(c) See Sections 686, 730 and 799 regarding the addition of generation
of power as a purpose of use.
(d) For purposes of Article 15 and 16, "petition" shall be deemed to
include the notice or notification provided by the water right holder under
Water Code Sections 1726 and 1727.
(e) The procedures set forth in Articles 15, 16, 1 6.5 and 17 shall be fol-
lowed as nearly as possible when filing and processing petitions for
changes in permits or licenses other than changes in point of diversion,
place of use, and purpose of use.
(f) A petition will not be accepted for initial review or filing unless it
is accompanied by the filing fee required by chapter 5 (commencing with
section 1061 ) of this division. If after the initial review of a petition de-
scribed in this section the board does not accept the pefition for filing, the
board shall refund the petition filing fee, minus the $250 non-refundable
initial review fee.
(g) The board may cancel a pedfion for failure to pay any annual fee
for the petition when due.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1525, 1701, 1702, 1725, 1726, 1727, 1735 and 1740, Water Code.
History
1 . Renumbering and amendment of former section 79 1 to section 85 1 , and renum-
bering and amendment of Section 738 to Section 791 filed 1-16-87; effecti\e
thirtieth day thereafter (Register 87, No. 10). For prior history, see Register 60,
No. 5.
2. Amendment of section and Noth filed 12-13-93; operative 1-12-94 (Register
93, No. 51).
3. Amendment of subsection (c),new subsection (f) and amendment of Nori. filed
12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
Pursuant to Water Code section 1530 this rulemaking action remains in effect
until revised by the State Water Resources Control Board.
4. Amendment of subsection (f) and new subsection (g) filed 10-14-2004 as an
emergency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water
Code section 1530, this rulemaking action remains in effect until revised by the
State Water Resources Control Board.
5. Editorial correction amending subsection (a) (Register 2005, No. 17).
§ 792. Nature of Approval Action.
(a) Prior to issuance of a permit, a petition for change shall set forth
amendments to the application or be accompanied by an amended appli-
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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cation reflecting the proposed change(s). Thereafter consideration of the
application will be based upon the amended application.
( 1 ) If the petition is filed prior to issuance of the notice of application
(See Article 3). amendments to the application shall be reflected in the
application notice.
(2) If the petition is filed after issuance of the notice of application and
prior to issuance of a permit, the application shall be renoticed using the
procedures in Article 3.
(b) A proposed change in an existing permit or license, or a proposed
change pursuant to Water Code Section 1 740 in a water right determined
by a court decree issued pursuant to Water Code Section 2500 et seq. after
January 1, 1981, may be approved in an order. Any order approving a
change will consist of an order designating the new point of diversion,
place of use or purpose of use. and any terms and conditions, to be at-
tached to the permit or license as a part thereof. At its option, the board
may issue an amended permit or license. For temporary changes, the
terms and conditions shall be those necessary to avoid or mitigate adverse
impacts that would result from the transfer or to ensure reasonable and
beneficial use of water by the transferee during the period of the transfer.
(c) Any order approving a change under Articles 15, 16, 16.5, or 17
shall (1) identify existing rights and current uses of water, (2) designate
the amount(s) of water involved in the change, (3) designate the quanti-
ties of current and new or temporary beneficial uses of water, (4) desig-
nate the existing and new or temporary point(s) of diversion, places(s) of
use, and purpose(s) of use, (5) include any required statutory findings,
and (6) include any terms and conditions to which approval of the change
is subject. Any order approving a change under Articles 15, 16.5, or 17
shall include compliance with any applicable requirements of Division
13 (commencing with Secfion 21000) of the Public Resources Code.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1435,
1438(a), 1547, 1547.1, 1701, 1702, 1705, 1725, 1726. 1727, 1735 and 1740, Water
Code.
History
1 . Renumbering and amendment of former section 792 to section 852. and renum-
bering and amendment of Section 738.5 to Section 792 filed 1-16-87; effective
thirtieth day thereafter (Register 87. No. 10). For prior history, see Registers 64,
No. 6 and 60, No. 5.
2. Amendment of section heading, text and Note filed 12-13-93; operative
1-12-94 (Register 93, No. 51).
§ 793. Filing Fee When Multiple Changes or Rights
Involved.
NoTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1436 and 1525, Water Code.
History
1. Renumbering and amendment of section 739 to section 793 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87. No. 10). For prior history, see Reg-
ister 64. No. 6.
2. Amendment of section and Note filed 12-13-93; operative 1-12-94 (Register
93. No. 51).
3. Amendment of section and Note filed 12-23-2003 as an emergency; operative
1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this
rulemaking action remains in effect until revised by the State Water Resources
Control Board.
4. Repealer filed 10-21-2005 as an emergency; operative 10-21-2005 (Register
2005. No. 42). Adopted by the State Water Resources Control Board
9-22-2005. Submitted to OAL for printing only on 10-11-2005 pursuant to
Water Code sections 1525 and 1530. which provides that the regulations shall
be deemed an emergency and shall not be subject to OAL review.
§ 794. Petition Information and Map Requirements.
(a) A petition for change(s) submitted by a permittee or licensee, or
submitted pursuant to Water Code Secfion 1740 by a holder of a water
right determined under Water Code Secfion 2500 et seq. after January 1 ,
1981 shall idenfify the amount(s) and holder(s) of the right(s) involved
and shall include the following informafion and map(s):
( 1 ) The amount(s) of water which would have been diverted, con-
sumptively used, or stored under the water right in the absence of the pro-
posed change(s), (a) during the period for which the change is requested,
or (b) in a maximum year if the change is permanent;
(2) The amount(s) of water proposed for change, transfer or exchange;
(3) The exisfing and the proposed purpose(s) of use of water;
(4) The existing and the proposed point(s) of diversion and rediver-
sion, and the existing and proposed locafion(s) of any return flow;
(5) The existing and the propo.sed place(s) of use of the water for vari-
ous purposes of use;
(6) The exisfing and the proposed diversion, release and return flow
schedules if stored water is involved or if the streamflow regime will be
changed;
(7) Any changes in property ownership(s) involved, and the point(s)
of diversion and place(s) of use of other known users of water who may
be affected by the proposed change(s);
(8) Information idenfifying any effects of the proposed change(s) on
fish, wildlife, and other instream beneficial uses;
(9) Information identifying any effects of the proposed change(s) on
other known users of water, including idenfification in quantitative terms
of any projected change in water quanfity, water quality, timing of diver-
sion or use, consumptive use of the water, reduction in return flows, or
reducfion in the availability of water within the streams affected by the
proposed change(s);
(10) The parties involved in the proposed change, transfer or ex-
change;
(11) Map(s) prepared in accordance with Arficle 7 which describe the
proposed change(s), delineate any additional information required by
Items (4), (5), and (7) above, and show the hydrologic basin of origin and
the streams which could be affected by the proposed change(s).
(12) The proposed place(s) of use for irrigafion may be listed as net
acreage(s) within gross area(s) shown on a map submitted with the peti-
fion.
(b) Water right holders proposing a change in point of diversion, place
of use or purpose of use shall provide preliminary informafion and
map(s) required by subdivision (a) to, and shall request consultafion
with, the Department of Fish and Game and the appropriate Regional
Water Quality Control Board regarding the potenfial effects of the pro-
posed change(s) on water quality, fish, wildlife, and other instream bene-
ficial uses.
(c) Before approval of a change petition, any water right holder peti-
fioning for a change in point of diversion, place of use or purpose of use
shall provide to the board all comments of the Department of Fish and
Game and the Regional Water Quality Control Board in response to the
request for consultafion required by subsection (b).
(d) The pefition for change(s) will not be accepted for filing unless it
contains all of the informafion required by subdivision (a) and proof that
a copy of the petition has been served on the Department of Fish and
Game.
NOTE: Authority cited: Sections 1058, 1436 and 1726, Water Code. Reference:
Sections 1435, 1436, 1437. 1438(a). 1702, 1726. 1727 and 1740. Water Code.
History
1 . Repealer and new section filed 12-13-93; operafive 1-12-94 (Register 93, No.
51). For prior history, see Register 87, No. 10.
§ 795. Notice of Change Petitions.
(a) After a pefifion has been filed for change(s) in point of diversion,
place of use, or purpose of use, the pefifioner shall cause notice to be giv-
en or published if and as required by the board. The board's nofice re-
quirements shall be based on the potential effects of the proposed
change(s) on legal users of water and on fish, wildlife, and other instream
beneficial uses of water. The board will not ordinarily require that notice
be given or published in cases where the proposed change(s) do not have
the potenfial to impair the water supply of other legal users of water or
instream beneficial uses, except that in all cases the petitioner shall notify
the Department of Fish and Game in writing of the proposed change(s).
Examples of petitions for which notice will not ordinarily be required, in-
clude the following:
(1 ) Petition for a change in point of diversion which does aot change
the point relative to diversion points of others and tributary sources on
the same stream;
(2) Petition for a change of place of irrigation use from one parcel to
another provided that the return flow is unchanged;
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State Water Resources Control Board
§804
(3) Petition for a change in purpose of which would add clearly inci-
dental uses to. or substitute incidental uses for, permitted or licensed uses
which are themselves incidental to the principal use of water stored in a
reservoir. For the purpose of this section, incidental uses are limited to
the following beneficial uses of water: stockwatering; fire protection;
ncm-commercial recreation; non-commercial wildlife preservation or
enhancement; generation of power; non-industrial dust control; or soil
conservation.
(b) At any time any person may file with the board a written request
to receive notice of the filing of change petitions. Thereafter the board
shall mail or deliver a copy of each such notice to the person filing the
request, including a statement of the time within which any protest, com-
ment, or objection must be filed.
NOTE: Authority cited: Section 1058 and 1726. Water Code. Reference: Sections
106.7, 110, 1250.5. 1312, 1491, 1703, 1704. 1736 and 1740, Water Code.
History
1. Renumbering and amendment of seetion 741 to section 795 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 76, No. 5.
2. Amendment of section heading, text and NOTH filed 12-13-93; operative
1-12-94 (Register 93, No. 51).
§ 796. Protest Procedure on Change Petitions.
The provisions of Articles 9, 10, and 1 1 , insofar as they are applicable,
shall govern protests, answers to protests, investigations, and hearings of
petifions for change(s) under Articles 15 and 17, including minor pro-
tested petitions for change. The procedures for noUfication of and objec-
tion to temporary changes due to transfer or exchange of water or water
rights, or temporary urgency changes are provided in Articles 16 and
16.5 respecfively.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 1438,
1703, 1704, 1704.1, 1704.2, 1704.3. 1725. 1736 and 1 740, Water Code.
History
1. Renumbering and amendment of section 742 to section 796 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 60, No. 5.
2. Amendment of section heading, text and NOTH filed 12-13-93; operative
1-12-94 (Register 93, No. 51).
§ 797. Changes Prior to Notice of an Application.
Note: Authority cited: Section 1058, Water Code. Reference: Section 1701, Wa-
ter Code.
History
1. Renumbering and amendment of section 742 to section 796 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 60, No. 5.
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§ 798. Changes to Cover Incidental Uses of a Reservoir.
When an applicant, permittee or licensee proposes incidental use of a
reservoir for stockwatering, fire protection, recreation, fish culture, or
other similar purposes which consume a minimal quantity of water and
(a) such purposes are not listed in the application, permit or license, or
(b) the reservoir is not described as a place of use, or
(c) the reservoir covers land not included in the described place of use,
then no petition need be filed to correct such an omission, provided that
the board finds that no person would be adversely affected by such cor-
recfions. The board may make such corrections at any fime such omis-
sions are discovered.
Note:: Authority cited: Section 1058, Water Code. Reference: Sections 1700,
1701 and 1702, Water Code.
History
1 . Renumbering and amendment of Section 744 to Section 798 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 67, No. 49.
§ 799. Petition for Change to Add a Power Plant to
Existing Works.
(a) Persons having a permit or license for the use of water may petition
the board to add generation of power to the permit or license as a benefi-
cial use when the water can be used for the generation of power without
changing the streamfiow regime. The criteria that shall be considered in
determining whether there would be a change in the streamfiow regime
include, but are not limited to, the following: ( 1 ) Will the rate and volume
of flow be changed? (2) Will the water temperature be changed? ( 3 ) Will
there be changes in the concentration of dissolved oxygen or turbidity?
(4) Will there be changes in the timing of water releases from any existing
water diversion or storage facility? (5) Will there be a change in the point
of discharge or will any additional section ofwatercour.se be bypassed?
(b) See Section 730 concerning when a new application must be filed.
Note: Authority cited: Section 1058. Water Code. Reference: Sections 106.7,
110, 1250.5. 1381, 1394, 1396, 1397, 1490, 1491, 1611, 1700. 1701. 1702. 1703.
1704, 1704.1, 1704.2, 1704.3, 1704.4, 1705, 1705.5 and 1706. Water Code.
History
1. New section filed 1-16-87; effective thirtieth day thereafter (Register S7. .\'n.
10).
2. Amendment filed 12-13-93; operative 1-12-94 (Register 93, Nt). 51 ).
Article 16. Temporary Changes Due to
Transfer or Exchange of Water or Water
Rights
§ 800. Temporary Changes.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1 726 and
1727, Water Code.
History
1. New article 23 (sections 800 thi-ough 803) filed 10-25-65; effective thirtieth
day thereafter (Register 65, No. 20).
2. Amendment of subsection (c) filed 3-3-78 as procedural and organizational;
effective upon filing (Register 78, No. 9).
3. Renumbering and amendment of former section 800 to seetion 736, and new
section 800 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
4. Amendment of article heading and repealer of section filed 12-13 -93; operative
1-12-94 (Register 93, No. 51).
§ 801 . Notice of Temporary Change.
The petition for temporary change submitted by the water right holder
under Water Code Section 1726 shall include the information required
by Section 794.
NOTE: Authority cited: Section 1058. Water Code. Reference: Section 1726. Wa-
ter Code.
History
1. Renumbering and amendment of former section 801 to section 737, and new
section 801 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10). For prior historj', see Register 65, No. 20.
2. Amendment filed 12-13-93; operative 1-12-94 (Register 93, No. 51 ).
§ 802. Map Requirements.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 1726. Wa-
ter Code.
History
1. Renumbering and amendment of former section 802 to section 738. and new
section 802 filed 1-16-87; effective thirtieth day thereafter (Register 87. No.
10). For prior history, see Register 65, No. 20.
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§ 803. Action by the Board Regarding Temporary
Changes.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1725 and
1727, Water Code.
History
1. Renumbering and amendment of former section 803 to section 739, and new
section 803 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10). For prior history, see Register 65. No. 20.
2. Repealer filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
§ 804. Public Notice and Objections to Proposed
Temporary Changes.
(a) Within ten days after the receipt of a petition meeting the require-
ments of Section 801 , the board will send notice of the petition or contact
all legal users of water known to the board who may be affected by the
proposed temporary change(s).
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(b) Any interested person may file an ohjeetion to the proposed
change(s) with the board not later than 1 5 days after the date of the notice
required by subsection (a). The objection shall indicate the manner in
which service upon the applicant of a duplicate copy of the protest has
been made.
(c) The board shall give prompt consideration to any objection, and
may hold a hearing thereon, after notice to all interested persons known
to the board.
(d) Notice of hearing on a proposed temporary change may be given
by mailing notice to the water right holder, the Department of Fish and
Game and persons known to the board who might be affected by the pro-
posed change, not less than 20 days before the date of hearing by certified
mail or personal delivery.
(e) Any order approving a temporary change under this Article shall
meet the requirements of section 792(c).
NOTE: Authority cited: Sections 1058, 1438(a)and 1726. WalerCode. Reference:
Sections 1725, 1726 and 1727, Water Code.
History
1. New section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Article 16.5. Temporary Urgency Changes
§ 805. Petition for Temporary Urgency Change.
(a) A petition for a temporary urgency change will not be accepted for
filing until the minimum fee required by Water Code Section 1436 is re-
ceived and the applicable information specified by Section 794 has been
submitted to the board.
(b) Prior to issuance of any temporary urgency change order pursuant
to Water Code Section 1435, there shall be compliance with any applica-
ble requirements of Division 13 (commencing with Section 21000) of the
Public Resources Code, payment of any additional fees, and submittal to
the board of any additional information or maps necessary to make the
findings required by Water Code Section 1435.
NOTE; Authority cited: Sections 1058, 1436 and 1438(a), WaterCode. Reference:
Sections 1435, 1436 and 1437, WaterCode.
History
1. New article 16.5 and section filed 12-13-93; operative 1-12-94 (Register 93,
No. 51).
§ 806. Notification of and Objections to Temporary
Urgency Changes.
(a) As soon as practicable after receipt of a petition meeting the infor-
mation and map requirements of Section 794 and compliance with Water
Code Section 1437 the board shall cause notice to be given pursuant to
WaterCode Sections 1438(b) and 1438(c).
(b) Any interested person may file an objection to the petidon with the
board prior to adoption of a board order or validation of any temporary
urgency change order. The objecuon shall indicate the manner in which
service upon the applicant of a duplicate copy of the protest has been
made.
(c) Any objections to a temporary urgency change petition will be
heard by the board during its validadon meedng or at a hearing after no-
dce to all interested persons known to the board.
NOTE: Authority cited: Sections 1058, 1436 and 1438(a), WaterCode. Reference:
Sections 1435, 1437 and 1438, WaterCode.
History
1. New section filed 12-13-93; operative 1-12-94 (Register 93, No. 51).
Article 17. Changes Involving a Long-term
Transfer of Water or Water Right
§ 81 1 . Long Term Transfer.
(a) A permittee, licensee, or holder of a water right determined under
a court decree issued pursuant to Water Code Secdon 2500 et seq. after
January 1, 1981 who is filing a peddon pursuant to Water Code Secdon
1740, may petition the board for a long-term transfer of water or water
rights involving change(s) in point of diversion, place of use, or purpose
of use specified in the permit, license, or water right for any period of time
in excess of one year.
(b) Any long-term transfer requested under Water Code Section 1735
shall be subject to the applicable requirements of Ardcles 15 and 16 and
any applicable requirements of Division 13 (commencing with Section
2 1 000) of the Public Resources Code.
NOTE: Authority cited: Secdon 1058, WaterCode. Reference: Secdon 1735, 1736
and 1740, WaterCode.
History
1. New section filed 1-16-87; effective thirtieth day thereafter (Reizister 87, No.
10).
2. Amendment of article heading, section and Noth filed 12-13-93; operative
1-12-94 (Register 93, No. 51).
§ 812. Petition for Long-term Transfer.
A petidon for a long-term transfer of water or water rights will not be
accepted for filing unless it is accompanied by the filing fee required by
chapter 5 (commencing with secdon 1061 ) of this division and the infor-
madon and maps specified in Secdon 794 have been submitted to the
board. The board may cancel a petition for failure to pay anj' annual fee
for the pedtion when due.
NOTE: Authority cited: Secdons 1058 and 1530, WaterCode. Refere ice: Sections
1525, 1735, 1736 and 1740, Water Code.
History
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
2. Amendment of section heading, text and Note filed 12-13-93; operative
1-12-94 (Register 93, No. 51).
3. Amendment of section and Note filed 12-23-2003 as an emergency; operative
1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this
rulemaking action remains in effect until revised by the State Water Resources
Control Board.
§813. l\/lap Requirements.
Note: Authority cited: Secdon 1058, Water Code. Reference: Secdcm 1735, Wa-
ter Code.
History
1 . New secdon filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
2. Repealer filed 12-13-93; operadve 1-12-94 (Register 93, No. 51 ).
§ 814. Notice of Long-term Petitions.
After a completed pedtion has been filed for a long-term transfer of
water or water rights involving a change in point of diversion, place of
use or purpose of use, the board shall give nodce to the Department of
Fish and Game, all persons requesting notice of change pedtions, and all
legal users of water known to the board who may be affected by the pro-
posed change. A hearing will be held upon request of the petitioner or a
protestant.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1736 and
1740, WaterCode.
History
1. New secdon filed 1-16-87; effecdve thirtieth day thereafter (Register 87, No.
10).
2. Amendment of section heading, text and Note filed 12-13-93; operadve
1-12-94 (Register 93, No. 51 ).
§ 815. Protest Procedure on Long-term Transfer Petitions.
The provisions of Article 9, 10 and 1 1 insofar as they are applicable,
shall govern protests, answers, invesdgadons, and hearings of peddons
under this Article.
NOTE: Authority cited: Secdon 1058, Water Code. Reference: Secdons 1735,
1736 and 1740, Water Code.
History
1. New secdon filed 1-16-87; effecdve thirtieth day thereafter (Register 87, No.
10).
2. Amendment of section heading, text and Note filed 12-13-93; operadve
1-12-94 (Register 93, No. 51).
Page 70
Register 2007, No. 14; 4-6-2007
Title 23
State Water Resources Control Board
§833
•
§ 816. Action of the Board Regarding Long-term
Transfers.
If the board determines that a long-term transfer of water or water
rights as described in Section 811 is appropriate, and meets the require-
ments of Water Code Section 1 736, an order will be issued in accordance
with Section 792 authorizing the long-term transfer, subject to appropri-
ate terms and conditions for the period requested or such lesser period
found by the board to be appropriate.
NOTH; Authority cited: Section 1058, Water Code. Reference: Sections 173.5,
17.36 and 1740, Water Code.
History
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
2. Amendment of section heading, text and NoTi-; filed 12-1.3-93; operative
1-12-94 (Register 93, No. 51). ^
Article 18.
Enforcement of Terms and
Conditions
§ 820. Complaints of Violations.
Any person affected by a violation of any term or condition of a permit
or license may file a complaint with the board. The complaint shall con-
tain the following:
(a) Name and address of the complainant.
(b) The nature and location of the alleged violation.
(c) The manner in which the complainant was affected.
(d) A statement of whether complainant is required by Part 5.1 (com-
mencing with Section 5 100) of Division 2 of the Water Code to file with
the board a statement of his water diversion and use, and if complainant
is so required, a statement:
( 1 ) That complainant has filed with the board a statement of water di-
version and use; or
(2) Setting forth the reason for complainant's failure to file such a
statement of water diversion and use.
(e) The specific action which complainant requests.
Any person may complain of a violation of a condition intended for the
benefit of the public.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1391,
1393 and 1394, Water Code.
History
1. Renumbering and amendment of Section to Section filed 1 — 16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 821 . Investigation of Complaints.
If, after investigation, the board's staff finds that a violation of the
terms and conditions of a permit or license has occurred which might be
cause for enforcement action by the board, the matter may be referred to
the board for hearing in accordance with the provisions of Water Code
Sections 1410etseq., 1675etseq. or 1825 etseq. If the board's staff finds
that no such violation has occurred, the complainant will be notified and
no further action will be taken unless the complainant requests a hearing,
in which event the board will determine whether to hold a hearing based
on information supplied by the complainant and the staff.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1051,
1391, 1393, 1394, 1610 and 161 1, Water Code.
History
1. Renumbering and amendment of Section 764.5 to Section 821 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 74, No. 4.
2. Editorial correction amending section (Register 2005, No. 17).
§ 822. Action by the Board.
After notice in accordance with Water Code Sections 1410 and
1410.1, 1675 and 1675.1, or 1831 and 1 834 and hearing if a hearing is
requested, if the board finds that a violation has occurred, it may revoke
the permit or license or take such other action as appears appropriate un-
der the circumstances.
Note; Authority cited: Section 1058, Water Code. Reference: Sections 1391 and
1611, Water Code.
History
1. Renumbering and amendment of Section 764.6 to Section 822 filed 1-16 87;
effective thirtieth day thereafter (Register 87. No. 10). For prior hislor>', sec
Register 74, No. 4.
§ 823. Action on the Board's Own Motion.
The board may on its own motion investigate possible violations of
permit or license terms or conditions and proceed in accordance with
Section 822.
Note; Authority cited: Section 1058, Water Code. Reference: Sections 1051,
1391, L393. 1394, 1610 and 161 1, Water Code.
History
1. Renumbering and amendment of Section 764.7 to Section 823 filed 1- 16 87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, .see
Reeister 74, No. 4.
Article 19.
Changes of Ownership and of
Address-Notices
§ 830. Procedure on Change of Address.
Parties interested in applications, permits, and licenses shall promptly
advise the board of changes of address. Whenever a notice is required by
law or these regulations to be sent to a party, such notice will be mailed
to the party at the most recent address supplied to the board by or on be-
half of such party unless a different procedure is expressly required by
law.
NOTE; Authority cited: Section 1058. Water Code. Reference: Sections 1250,
1302, 1303, 1304, 1320, 1321 and 1322, Water Code.
History
1 . Renumbering and amendment of Section 765 to Section 830 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 60, No. 5.
§ 831 . Notice to Board of Changes In Ownership.
When rights under an application, permit, or license are transferred,
a statement to that effect, signed by the previous owner, shall be filed im-
mediately with the board, referring to the number of the application and
stating the name and address of the new owner. Thereafter, notices and
correspondence concerning the application, permit, or license will be
sent to the new owner designated in such statement.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1250 and
1252, Water Code.
History
1. Renumbering and amendment of Section 766 to Section 831 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60, No. 5.
§ 832. Contests As to Ownership.
The board will not undertake to determine contests as to ownership of
rights initiated by applications to appropriate water. The board will ordi-
narily accept any claim asserted to ownership of an application, permit
or license unless the record title holder, or an asserted successor in inter-
est, objects. When a contest develops as to ownership the board will not
ordinarily change its record until the matter is either determined by a
court or adjusted to the mutual satisfaction of the parties, unless evidence
of continued occupation, use, or control justifies a different course.
NOTE; Authority cited: Secfion 1058, Water Code. Reference: Sections 1 250 and
1252, Water Code.
History
1. Renumbering and amendment of Section 767 to Section 832 filed 1 16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior historj', see Reg-
ister 60, No. 5.
§ 833. Presumption Based on Ownership of Place of Use.
When an application, permit, or license stands upon the records of the
board in the name of the owner of the place of use the right will be consid-
ered appurtenant to the land unless there is evidence to the contrary. It
will generally be presumed that the water right passes with a transfer of
the land unless expressly excepted.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and
1252, Water Code.
Page 71
Register 2007, No. 14; 4-6-2007
§834
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
HlSTOF^Y
1 . Renumbering and amendment of Section 769 to Section 833 filed 1-1 6-87; ef-
fective thirtietii day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60. No. 5.
§ 834. Presumption That Water Right Passes upon
Foreclosure Sale.
It will be presumed that a water right, upon a foreclosure sale of the
land where the water is used, passes with the land whether the water right
was initiated before or after the lien was established, unless there is a
showing that the water right is not appurtenance or incident to the real
property.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and
1252, Water Code.
History
1 . Renumbering and amendment of Section 770 to Section 834 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60, No. 5.
§ 835. Presumption upon Termination of an Option or
Lease Relative to Real Property.
In the case of an option to purchase or a lease of land, it will be pre-
sumed, unless there is a showing to the contrary, that any water right initi-
ated by the optionee or the lessee is personal and that such water right
does not belong to the owner of the real property where use of the water
is made, upon forfeiture, abandonment, or expiration of the option or
lease.
NOTI{: Authority cited: Section 1058, Water Code. Reference: Sections 1250 and
1252, Water Code.
History
1. Renumbering and amendment of Section 771 to Section 835 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60, No. 5.
§ 836. Issuance of Separate Permits and Licenses.
(a) When the place of use described in an application, permit, or license
is divided into two or more ownerships and each of the owners succeeds
to a separate interest in the application, permit or license, the board may
issue separate permits or licenses covering the interest held by each own-
er. The separate permits or licenses shall replace any existing permit or
license previously issued for the same use and shall contain the same
terms to the extent they are applicable. The existing permit or license will
then be revoked. The priority of the rights will not be affected and each
of the permits or licenses will bear the same number as the replaced in-
strument plus a distinguishing letter designation.
(b) Issuance of separate permits and licenses in accordance with sub-
section (a) shall not be construed as a determination by the board that the
water right has necessarily been fully maintained by continuous benefi-
cial use and by observance of the law and provisions of the permit or li-
cense.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1250,
1380 and 1382 and 1610, Water Code.
History
1. Renumbering and amendment of Section 722 to Section 836 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 67, No. 49.
Article 20.
Diligence Required — Extensions
of Time
§ 840. Reasonable Promptness Required.
An application will be denied when it appears after hearing or a pro-
ceeding in lieu of hearing that (a) the applicant does not intend to initiate
construction of the works required for the contemplated use of water
within a reasonable time and thereafter diligently prosecute the construc-
tion and use of water to completion, or (b) the applicant will not be able
to proceed within a reasonable time, either because of absence of a feasi-
ble plan, lack of the required financial resources, or other cause.
NOTE; Authority cited: Section 1 058, Water Code. Reference: Section 1 255, Wa-
ter Code.
History
1 . Renumbering and amendment of Section 776 to Section 8^0 filec 1-16-87: ef-
fective thirtieth day thereafter ( Register 87, No. 1 0). For prior history, see Reg-
ister 4, No. 6.
2. Editorial correction amending section (Register 2005, No. 17).
§ 841 . Time for Completion.
In determining the period of time to be allowed to build diversion
works and apply the water to full beneficial use, the particular conditions
surrounding each case will govern. In every case the matter must be
pressed with due diligence considering the size of the project and the ob-
stacles to be overcome.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1250,
1252 and 1260, Water Code.
History
1 . Renumbering and amendment of Section 777 to Section 841 filed 1-16-87; ef-
fective thirtieth day thereafter ( Register 87, No. 1 0). For prior history, .see Reg-
ister 60, No. 5.
§ 842. Requests for Extension of Time Under Permits.
A request for extension of time within which to commence or com-
plete construction work or apply the water to full beneficial use may be
submitted upon forms supplied by the board. A request for t;xtension of
time will not be accepted for filing unless it is accompanied by the filing
fee required by chapter 5 (commencing with section 1061) of this divi-
sion. The board may cancel a request for extension of time far failure to
pay any annual fee for the request when due.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1250, 1252, 1398 and 1525, Water Code.
History
1 . Renumbering and amendment of Section 778 to Section 842 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60, No. 5.
2. Amendment of section and Note filed 12-23-2003 as an emergency; operative
1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this
rulemaking action remains in effect until revised by the State Water Resources
Control Board.
§ 843. Notice of Petitions and Protests.
(a) After filing a petition for an extension of time under a permit, the
pefifioner, in case the board so requires, shall cause notice thereof to be
given or published in such manner as may be prescribed by the board.
(1) The board will not ordinarily require that the pefifioner cause no-
tice to be given or published where the permitted project meets each of
the following criteria:
(A) Construction of the project has commenced or a substantial finan-
cial commitment for construcfion or for land acquisifion has been under-
taken; and
(B) the project is not in an area where there is unusual compefifion for
or interest in water; and
(C) the project is not a large mulfi-stage project which may be behind
schedule.
(b) At any fime any person may request in wrifing special notice of the
filing of petitions for extension of fime. Thereafter the board shall mail
a copy of each such notice to such person, together with a statement of
the fime within which any protest must be filed.
(c) Protests to a pefition may be filed within the fime fixed by the
board, which shall be stated in the nofice. or such further fime as the board
may, for good cause, allow. Protests shall be submitted in writing with
a copy to the petitioner and shall include the following information:
( 1 ) The name and address of the protestant.
(2) The reasons for protestant' s objection to the petition anc any condi-
tions on which the objection could be satisfied.
(3) If protestant claims a right to the use of water affected by the per-
mit, the basis of the claim and protestant' s use of water shall be described.
The board may require such other information as it deems necessary
to resolve the issues, with or without a hearing.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1250,
1300, 1320, 1330, 1331, 1398 and 1546. Water Code.
•
•
Page 72
Register 2007, No. 14; 4-6-2007
Title 23
State Water Resources Control Board
§852
History
1. Renumbering and amendment of Seetion 778.5 to Section 843 filed 1-16-87;
ctTcetixe thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 76, No. 5.
2. Hditorial correction amending seetion (Register 2005, No. 17).
§ 844. Cause for Extension of Time.
An extension of time witliin which to complete an application, to com-
mence or complete construction work or apply water to full beneficial use
will be granted only upon such conditions as the board determines to be
in the public interest and upon a showing to the board's satisfaction that
due diligence has been exercised, that failure to comply with previous
time requirements has been occasioned by obstacles which could not rea-
sonably be avoided, and that satisfactory progress will be made if an ex-
tension of time is granted. Lack of finances, occupation with other work,
physical disability, and other conditions incident to the person and not to
the enterprise will not generally be accepted as good cause for delay. The
board may, in its discretion, require a hearing upon notice to the permittee
and such other parties as the board may prescribe.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 2, Article
X, California Constitution; Sections 100, 104, 105, 275, 1250, 1253, 1255, 1257,
1394. 1395, 1396, 1397, 1398, 1410, 1546, 1675, Water Code; Sections 21000,
2 1 065 and 2 1 08 1 , Public Resources Code; Johnson Rancho County Water District
V. State Water Rights Board, 235 Cal. App.2d 863, 45 Cal.Rptr. 589 '( 1 965); and Na-
tional Audubon Society v. Superior Court of Alpine Countw 33 Cal. 3d 419, 189
Cal.Rptr. 345, 658 P.2d 709 (1983).
History
1 . Renumbering and amendment of Section 779 to Section 844 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87. No. 10). For prior history, see Reg-
ister 72, No. 27.
§ 845. Withholding Issuance of Permit.
(a) When approval of an application will be conditional upon the appli-
cant undertaking certain measures, issuance of the permit shall be with-
held until the applicant has notified the board that the conditions have
been met.
(b) The board may cancel any application and refuse to issue a permit
if the applicant fails to comply with the conditions or to notify the board
of his compliance within a reasonable time. The board first gives the
applicant written notice of the proposed action and 30 days in which to
comply and to notify the board of compliance or to request a hearing.
(c) After a permit is issued subject to continual compliance with one
or more specified conditions, permittee shall certify under penalty of per-
jury at such intervals as specified in the permit or as the board may speci-
fy that each condition is being met. If permittee fails to so certify or if it
is discovered that permittee is not complying with a specified condition,
the board may revoke the permit, provided the board gives the permittee
written notice of such possible revocation and 30 days in which to com-
ply and to notify the board of his compliance or to request a hearing.
NOTK: Authority cited: Section 1058, Water Code. Reference: Sections 1250,
1255, 1391, 1393, 1394, 1395, 1396, 1397, 1398, 1410 and 1412, Water Code.
History
1. Renumbering and amendment of Section 781 to Section 845 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 73, No. 34.
§ 846. Measuring Devices and Statements.
After issuance of a permit for surface diversion or storage or under-
ground storage the permittee may be required to establish suitable mea-
suring and recording devices and to obtain and furnish to the board such
records as may be needed to determine with reasonable accuracy:
the quantity of water beneficially used; or
the quantity of water placed in storage and the quantity later recovered
under the provisions of the permit. Permittee may also be required to de-
termine and submit a written statement of the quantities beneficially
used.
Note: Authority cited: Section 1058, Water Code. Reference: Section 2, Article
X, California Constitution; and Sections 100, 275 and 1240, Water Code.
History
1. Renumbering and amendment of Sections 785 and 786 to Section 846 filed
1 - 1 6-87 ; effective thirtieth day thereafter ( Register 87, No. 10). For prior histo-
ry, see Register 60, No. 5.
§ 847. Progress Report.
Prior to issuance of license, annual progress reports shall he filed
promptly by perinittee upon forms provided by the board. After the is-
suance of license, reports shall be made when requested by the board
upon the forms provided.
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 1395.
1396 and 1397, Water Code.
History
1. Renumbering and amendment of Section 782 to Section 847 filed 1-16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, sec Reg-
ister 60, No. 5.
§ 848. Contents.
(a) In addition to such other informafion as may be required, all reports
shall contain permittee's or hcensee's evaluation of the current potential
for using reclaimed water or reusing water to satisfy all or part of the wa-
ter needed.
(b) If the terms of the permit or license require water conservation
measures, the extent of implementation of such measures shall be re-
ported.
NOTE: Authority cited: Secfion 1058. Water Code. Reference: Section 275. Water
Code; and Section 2, Article X, California Constitution.
History
1. Renumberingandamendmentof Section 783 to Section 848 filed 1-16 87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, .see Reg-
ister 77, No. 5.
Article 21.
Revocation of Permits and
Licenses
§ 850. Revocation Hearings.
When it appears to the board that a permittee may have failed to com-
mence or complete construction work or beneficial use of water with due
diligence in accordance with terms of the permit, the regulations of the
board and the law, or that a permittee or licensee may have ceased benefi-
cial use of water, or that he may have failed to observe any of the terms
or condifions of the permit or license, the board may consider revocation
of the permit or license. The board will nofify the permittee or licensee
of the proposed revocafion. The noUce will state the reasons for the pro-
posed revocation and provide an opportunity for hearing upon request of
the permittee or licensee. In the case of a permit, a request for extension
of Ume may also be considered at such hearing. Nothing in this section
shall be construed as limiting the board's authority to take action pur-
suant to Water Code Section 1831.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1410 and
1411, Water Code.
History
1 . Renumbering and amendment of Section 790 to Section 850 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60, No. 5.
2. Editorial correcUon amending secfion (Register 2005, No. 17).
§ 851 . Notice of Hearing.
At least 10 days prior to hearing, a notice specifying the time, place,
and purpose of such hearing and grounds for possible revocation shall be
sent by registered or certified mail to the permittee or licensee. The notice
shall consfitute a sufficient statement of the issues to be heard.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Section 1410. Wa-
ter Code.
History
1. Renumbering and amendment of Secfion 791 to Secfion 851 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior histor>', see Reg-
ister 60, No. 5.
§ 852. Procedure Relating to Hearings.
The provisions of Chapter 1.5, Article 2 of this subchapter insofar as
they are applicable shall govern hearings under this article.
Page 73
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§855
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTH; Authority cited: Section 1058, Water Code. Reference: Sections 1410,
1411, 1412, 1413, 1414 and 1413. Water Code.
History
1 . Renumbering and amendment of Section 792 to Section 852 tiled 1-1 6-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 60, No. 5.
2. Change without regulatory effect amending section filed 4-6-2007 pursuant to
section 100, title 1, California Code of Resulalions (Register 2007, No. 14).
Article 22. Prevention of Waste and
Unreasonable Use
§ 855. Policy and Definition.
(a) In investigating any uses of water and making the determinations
required by this article, the board shall give particular consideration to
the reasonableness of use of reclaimed water or reuse of water.
(b) As used in this article, "misuse of water" or "misuse" means any
waste, unreasonable use, unreasonable method of use, or unreasonable
method of diversion of water.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 100, 275,
1240, 1251, 1253 and 1257, Water Code; and Section 2, Article X, California Con-
stitution.
History
1. Renumbering and amendment of Section 764.9 to Section 855 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 77, No. 5.
§ 856. Investigations.
The board staff shall investigate an allegation of misuse of water:
(1) when an interested person shows good cause, or
(2) when the board itself believes that a misuse may exists.
Note: Authority cited: Secdon 1058, Water Code. Reference: Sections 100, 183,
275 and 1051, Water Code; and Section 2, Article X, California Constitution.
History
1. Renumbering and amendment of Section 764.10 to Section 856 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 77, No. 26.
§ 857. Notifications, Hearings and Orders.
(a) If the investigation indicates that a misuse of water has occurred,
the board staff shall notify interested persons and allow a reasonable peri-
od of time in which to terminate such misuse or demonstrate to the satis-
faction of the board staff that misuse has not occurred.
(b) At the end of the time set by the board staff, and upon application
of any interested person or upon its own motion, the board may hold a
hearing to determine if misuse has occurred or continues to occur.
(c) If the misuse is alleged to have occurred or to continue to occur in
connection with exercise of rights evidenced by a permit or Hcense issued
by the board, the board shall notice the hearing as a permit revocation
hearing pursuant to Water Code Section 1410.1, or as a license revoca-
tion hearing pursuant to Water Code Section 1675.1, as appropriate; or
as a preliminary cease and desist order hearing pursuant to Water Code
Section 1834.
(d) The board may issue an order requiring prevention or termination
thereof.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 100, 275,
183, 1051, 1401, 1675.1 and 1834, Water Code.
History
1. Renumbering and amendment of Section 764.1 1 to Section 857 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 77, No. 26.
§ 858. Noncompliance with Order Regarding Misuse Under
Water Right Entitlement.
If a permittee or licensee does not comply with any order issued pur-
suant to Section 857 within such reasonable period of time as allowed by
the board, or such extension thereof as may for good cause be allowed
by the board, and if such order includes a finding that waste, unreason-
able use, method of use, or method of diversion has occurred in connec-
tion with exercise of a right evidenced by a permit or license issued by
the board, a revocation action may be commenced by the board:
(a) If the hearing has been noticed as a permit or license revocation
hearing, and if the board finds that misuse has occurred or continues to
occur, the board may order the permit or license revoked or impose ap-
propriate additional or amended terms or conditions on the entitlement
to prevent recurrence of the misuse;
(b) If the hearing pursuant to Section 857 has been noticed as a prelimi-
nary cease and desist order hearing, and if the board finds that misuse has
occurred or continues to occur, the board may issue a preliminary cease
and desist order.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1410,
1675 and 1831, Water Code.
History
1 . Renumbering and amendment of Section 764.12 to Section 858 filed 1-16-87;
effecfive thirtieth day thereafter (Register 87, No. 10). For prior histoi^, see
Register 77, No. 26.
§ 859. Noncompliance with Other Order.
If a person other than a permittee or licensee does not comply with any
order issued pursuant to Section 857 within such reasonab e period of
time as allowed by the board, or such extension thereof as may for good
cause be allowed, and if such order includes a finding that such person
has misused or continues to misuse water, the board may rec|uest appro-
priate legal action by the Attorney General.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 275, Water
Code.
History
1 . Renumbering and amendment of Section 764.13 to Section 859 filed 1-16-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior history, see
Register 77, No. 26.
§ 860. Alternative Procedure.
The procedure established in this article shall be construed as alterna-
tive to, and not exclusive of, the procedures established in Chapter 5 of
Title 23, California Administrative Code, in accordance with Section
4007 therein.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secdon 275. Water
Code.
History
1 . Renumbering and amendment of Section 764. 14 to Section 860 filed 1-1 6-87;
effective thirtieth day thereafter (Register 87, No. 10). For prior histor>', see
Register 79, No. 27.
Article 23. Stream Systems Declared to
Be Fully Appropriated
§ 870. Purpose of this Article.
By Order WR 89-25, adopted on November 16, 1989, pursuant to Wa-
ter Code Sections 1 205 through 1 207, the board initially declared various
stream systems in this state to be fully appropriated either year-round or
during specified months. Order WR 89-25 included a listing of these
stream systems and specified the seasons during which water is unavail-
able for appropriation therefrom. The purpose of this article is to provide
procedures (1) for revoking or revising the status of stream systems de-
clared to be fully appropriated by the initial declaration or any revised
declaration, (2) for adding stream systems to the initial or any revised
declaration, and (3) for public participation in the process through which
a declaration is changed.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1205,
1206 and 1207, Water Code.
History
1. New article 23 and section filed 4-7-93; operadve 5-7-93 (Register 93, No.
15).
§ 871 . Revocation or Revision of a Declaration.
(a) The board may, upon its own motion or upon petition of any inter-
ested person, revoke or revise a declaration, as hereinafter provided.
(b) Upon recommendation of the Chief, Division of Water Rights, and
following notice and hearing, the board may adopt an order revoking the
fully-appropriated status of a stream system which has previously been
Page 74
Register 2007, No. 14; 4-6-2007
Title 23 State Water Resources Control Board § 871
declared fully appropriated, or revising any condition specified in a dec- or revision may be based upon any relevant factor, including but not lim-
laration upon which applications to appropriate unappropriated water ited to a change in circumstances from those considered in a previous \va-
will be accepted for filing and registrations of small domestic use appro- ter right decision determining that no water remains available for appro-
priations will be accepted. The Chiefs recommendation for revocation
[The next page is 75.]
Page 74.1 Register 2007, No. 14; 4-6-2007
Title 23
State Water Resources Control Board
;j873
priulion, or upon reasonable cause derived from hydrologic data, water
usage data, or other relevant information acquired by the Division of Wa-
ter Rights in the course of any investigation conducted by it.
(c) Any person may petition the be)ard to revoke or revise the fully ap-
propriated status of a stream system included in a declaration. The Chief,
Division of Water Rights, shall give notice of receipt of any such petition
to all persons known by the Chief to be interested in the fully-appro-
priated status of the stream system.
( 1 ) The petition shall include hydrologic data, water usage data, or oth-
er relevant information based upon which the Chief, Division of Water
Rights, may determine that reasonable cause exists to conduct a hearing
on the question whether the fully appropriated status of the stream system
should be revoked or revised.
(2) The petition may also be accompanied, depending upon the magni-
tude of the proposed appropriation, either (A) by a proposed application
to appropriate unappropriated water, or (B) by a proposed registration of
small domestic use, notwithstanding that the proposed application or reg-
istration is unacceptable because it proposes appropriation from a stream
system declared to be fully appropriated and does not meet existing con-
ditions for acceptance. Any such proposed application or registration
should be complete pursuant to the law and the rules of the board, includ-
ing payment of the filing fee. The board may cancel the application for
failure to pay any annual fee for the application when due.
(3) A proposed application or registration submitted pursuant to sub-
section (c)(2) will not be accepted but will be retained by the board.
Should the board thereafter act in response to the petition to change the
declaration in a manner which would make the proposed application or
registration acceptable, the proposed application or registration will, if
otherwise complete pursuant to the law and the rules of the board, be ac-
cepted. A proposed application or registration accepted pursuant to this
subsection shall be assigned a priority superior to that assigned to any
subsequently retained or accepted application or registration, respective-
ly, proposing to appropriate from a source included in the earlier pro-
posed application or registration; provided that, in proceeding upon com-
peting applications accepted because of a change in the declaration
pursuant to this section, the board will implement all provisions of law
governing approval and rejection of applications including, but not lim-
ited to. Water Code section 1255 relating to public interest.
(4) If the Chief determines that the petition shows reasonable cause to
conduct a hearing on the question whether the declaration should be
changed, the Chief shall notice a hearing on the issue. The board may
thereafter adopt an order changing the declaration or declining to do so.
(5) If the Chief determines that the petition does not show reasonable
cause to conduct a hearing on the question whether the declaration should
be changed, the Chief shall notify the petitioner, and all persons given no-
tice pursuant to subsection (c) of this section, of such determination. The
petitioner may, within 30 days of the date of the notice, file a request that
the board review the Chiefs determination. Following receipt of any
such request timely filed, the board will review the Chiefs determina-
tion. The board's review shall be limited to the information provided by
petitioner to the Chief, pursuant to subsection (c)(1) of this section. Fol-
lowing its review, the board may affirm the Chief s determination, direct
the Chief to reconsider the determination, or direct the Chief to notice a
hearing on the question whether the declaration should be changed.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1205, 1206, 1207 and 1525, Water Code.
History
1. New section filed 4-7-93; operative 5-7-93 (Register 93. No. 15).
2. Amendment of subsections (c)(2)-(3) and amendment of Note filed
12-23-2003 as an emergency; operative 1-1-2004 (Register 2003, No. 52).
Pursuant to Water Code section 1530 this rulemaking action remains in effect
until revised by the State Water Resources Control Board.
§ 872. Addition of Stream Systems to the Declaration.
(a) The board may order that a stream system be added to the declara-
tion, and the order may specify conditions upon which applications will
nevertheless be accepted for filing. Any such order shall contain a finding
that the supply of water in the stream system is being fully applied to
beneficial uses and that a previous water right decision has determined
that no water remains available for appropriation.
(b) For the purposes of this section, the term "water right decision"
shall mean (1) any decision, order, resolution, staff analysis of a minor
protested application, or similar document issued by the board based on
evidence taken at an adjudicatory proceeding or investigation, including
but not limited to a decision issued pursuant to subsection (c); (2) any fi-
nal order, judgment, decree, decision, opinion, writ, or similar document
issued by a court of this state or of the United States; or (3) any statute
of this state or of the United States; provided that, in any case, the water
right decision contains findings of fact or conclusions of law. or both,
relevant to the question of availability of unappropriated water in the
stream system at issue.
(c)The annual report of the Chief, Division of Water Rights, made pur-
suant to Water Code Section 1 228.2(c). shall identify any .stream system
or systems which the Chief has reasonable cause to believe may become
fully appropriated within the next reporting period. Any person believ ing
that any stream system or systems should be declared to be fully appro-
priated may furnish information to the Chief Division of Water Rights,
to show that reasonable cause exists to conduct further hearing on the
matter. Following issuance of the annual report, the Chief may notice a
hearing or hearings to determine whether water remains available for ap-
propriation from any such identified stream system or systems. F'ollow-
ing the hearing, the board may issue a decision determining that no water
remains available for appropriation. The board may thereafter adopt an
order declaring that any such stream system is fully appropriated, pur-
suant to Water Code Section 1205.
(d) Any person may file a request for special notice of the annual report
made by the Chief, Division of Water Rights, pursuant to Water Code
Section 1 228.2(c). The Chief shall mail a copy of the annual report to all
persons filing such request.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1205,
1206, 1207 and 1228.2, Water Code.
History
1. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
§ 873. Applications Pending at Time of Revision or
Addition.
(a) Whenever the board adopts an order revising any conditions speci-
fied in a declaration or declaring an additional stream system to be fully
appropriated, the Chief, Division of Water Rights, shall review all pend-
ing applications, except applications identified in subsection (e). to ap-
propriate unappropriated water from a stream system affected by any
such revision or declaration.
(b) Applications determined by the Chief to be consistent with a re-
vised or additional declaration shall be processed normally. In the case
of applications determined by the Chief to be inconsistent in any material
respect with the conditions of the revised declaration, the Chief shall pro-
vide the applicant a notice, entitled "Notice of Potential Cancellation of
Water Right Application". The notice shall specify the following ele-
ments:
(1) The manner in which the application is inconsistent with the re-
vised declaration.
(2) A reasonable time within which the applicant may withdraw the
application.
(3) A reasonable time within which the applicant may amend the appli-
cation to make it consistent with the conditions of the declaration. An
application so amended shall be processed normally.
(4) A reasonable time within which the applicant may provide infor-
mation to show that the appropriation proposed by the application is en-
titled to the benefit of any area-of-origin protection principle. Any such
information shall be provided in a form which complies with the formal
requirements for information presented in an application to appropriate
unappropriated water.
Page 75
Register 2005, No. 17; 4-29-2005
§874
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(5) A reasonable time within which the applicant may provide infor-
mation to show that hydrologic circumstances have changed within the
stream system declared to be fully appropriated, or that other circum-
stances exist which justify the continued processing of the application.
Such information shall be in sufficient detail to support a prima facie
finding that unappropriated water is available to supply the applicant.
Any such information shall be provided in a form which complies with
the formal requirements for information presented in an application to
appropriate unappropriated water.
(c) If an applicant fails to respond to the Notice of Potential Cancella-
tion of Water Right Application within the time specified therein, the
Chief shall order cancellation of the application.
(d) If an applicant responds to the Notice of Potential Cancellation of
Water Right Application within the specified time by providing informa-
tion pursuant to subsection (b)(4), the Chief shall provide the board with
a recommendation concerning disposition of the application. The recom-
mendation shall be in the form of a proposed order which the board shall
thereafter consider and act upon.
(e) The following classes of applications shall not be reviewed for con-
sistency with a revised declaration and shall be processed normally:
( 1 ) Applications filed by the Department of Water Resources or its
predecessors pursuant to Water Code Section 10500 and held by the
board.
(2) Proposed completed applications accompanying petitions for as-
signment of all or a portion of any application held by the board pursuant
to Water Code Section 10504.
(3) Any application in favor of which a petition for release from prior-
ity of an application filed pursuant to Water Code Section 10500 is pend-
ing before the board.
(4) Protested applications, other than minor applications within the
meaning of Water Code Section 1345 et seq., which have been noticed
for hearing as of the date of adoption of the board's order.
(5) Protested applications, other than minor applications within the
meaning of Water Code Section 1 345 etseq.. upon which the parties have
stipulated to proceeding in lieu of hearing pursuant to section 760(a) as
of the date of adoption of the board's order.
(6) Protested minor applications, within the mearung of Water Code
Section 1345 et seq., with respect to which the Division of Water Rights
has substantially commenced a field investigation as of the date of the
board's order.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1205,
1206. 1207 and 1228.2, Water Code.
History
1. New section filed 4-7-93; operative 5-7-93 (Register 93. No. 15).
§ 874. Notice of Hearings and Hearing Rules of Procedure.
(a) The Chief, Division of Water Rights, shall give notice of any hear-
ing scheduled pursuant to this arficle in accordance with Water Code Sec-
tion 1 207 and shall in addition mail notice at least 60 days prior to the date
of the hearing to all persons interested in any pending application to ap-
propriate unappropriated water from any stream which is the subject of
the hearing.
(b) Hearings pursuant to this ardcle shall be governed by sections 761 ,
762, and 763, except that any person who observes the pre-hearing sub-
mittal requirements specified in the hearing notice shall be recognized as
an interested party.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1205,
1206, 1207 and 1228.2, Water Code.
History
I. New section filed 4-7-93; operative 5-7-93 (Register 93, No. 15).
Chapter 2.5. Water Rights for Stockponds
Article 1. Definitions
§ 880. Board.
"Board" when used in this subchapter means the State Water Re-
sources Control Board.
Note; Authority cited: Section 1058, Water Code. Reference: Sections 1003.5
and 1226.1. Water Code.
History
1 . Renumbering and amendment of Section 900 to Section 880 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history of Sub-
chapter 2.5 (Sections 900-926, not consecutive), see Register 74. No. 48.
§881. Stockpond.
"Stockpond" when used in this subchapter means a pond having a ca-
pacity not in excess of 10 acre-feet that is used primarily f(3r watering
livestock.
NOTE; Authority cited: Section 1058, Water Code. Reference: Section 1226.1,
Water Code.
History
1 . Renumbering and amendment of Section 901 to Section 881 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
Article 2. Claims of Water Rights and
Applications for Certification
§ 885. Forms.
A claim of water right for a stockpond and application for certificafion
of the right pursuant to Article 2.5 (commencing with Section 1226) of
Chapter 1 of Part 2 of Division 2 of the Water Code shall be filed in dupli-
cate with the board upon a printed form furnished by the board.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1226,
1226.1 and 1226.3, Water Code.
History
1 . Renumbering and amendment of Section 905 to Section 885 filed 1 -16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 886. Refusal to Accept Claims.
A claim which does not contain the required information, which is il-
legible or which is not accompanied by the required filing fee will be re-
turned to the sender as unacceptable.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 1226.1,
1226.2 and 1226.3, Water Code.
History
1 . Renumbering and amendment of Section 906 to Section 886 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
2. Editorial correction amending section (Register 2005, No. 17).
§ 887. Number of Claims Required.
A separate claim must be filed for each stockpond.
NOTE; Authority cited: Section 1058. Water Code. Reference: Sections 1226.1
and 1226.3, Water Code.
History
1. Renumbering and amendment of Section 907 to Section 887 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 888. Penalty for Perjury.
All claims shall be certified as true under penalty of perjury in accor-
dance with Section 2015.5 of the Code of Civil Procedure.
Page 76
Register 2005, No. 17; 4-29-2005
Title 23
State Water Resources Control Board
§906
Non:: Authoritv cited: Section 1058, Water Code. Reference: Sections 1226.1
and 1 226..'^, Water Code.
History
1 . Renumbering and amendment of Section 908 to Section 888 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Res-
ister 74. No. 48.
Article 3. Fees
§ 890. Fees.
Each claim shall be accompanied by a filing fee often dollars ($ 1 0.00).
NoiH: Authority cited: Section 1058, Water Code. Reference: Section 1226.3.
Water Code.
History
I . Renumbering and amendment of Section 910 to Section 890 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Ree-
ister 74. No. 48.
Article 4. Notice of Claims and Protests
§ 895. Notices.
The board shall issue and deliver a notice of each claim to the board
of supervisors of the county wherein the stockpond is located and to each
person who has filed with the board a written request for notices and may
send a notice of any claim to water users in the vicinity of the stockpond
who in its judgment might be affected by the use of water as set forth in
the claim.
Note: Authority cited: Section 1058. Water Code. Reference: Sections 1226.1
and 1226.3. Water Code.
History
1. Renumbering and amendment of Section 915 to Section 895 filed 1-1 6-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 896. Protests.
Any person affected may, within the time allowed in the notice or such
further time as the board may allow, file with the board a written protest
to the claim. The protestant shall send a copy of the protest to the claim-
ant.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1225,
1226,1226.1 and 1330, Water Code.
History
1. Renumbering and amendment of Section 916 to Section 896 filed 1-16-87: ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 897. Content of Protests.
A protest shall state the name and address of the protestant, the loca-
tion of his point of diversion of water with respect to the claimant' s stock-
pond, the grounds for protest, and that a copy of the protest has been
mailed or delivered to the claimant.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1225,
1226, 1226.1, 1330 and 1331, Water Code.
History
1. Renumberingandamendmentof Section 917 to Section 897 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 898. Ground for Protest.
The only ground for a protest is that the claim contains a misstatement
of a material fact. Material facts are: (1) The date of construction of the
stockpond, (2) its capacity on January 1, 1975, (3) the primary purpose
for which it was constructed and is used in watering livestock, and (4) that
it was not the subject of water rights litigation between private parties
prior to January 1, 1974.
NOTI:: Authority cited: Section 1058, Water Code. Reference: Sections 1225,
1226, 1226.1, 1330 and 1 33 1 , Water Code.
History
1. Renumberingandamendmentof Section 918 to Section 898 filed 1-1 6-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 74. No. 48.
Article 5. investigation, Hearing, and
Certification of Claims
§ 900. Investigation.
Upon receipt of a claim, the board will conduct .such investigation as
in its judgment is necessary to certify the water right. Such investigation
may, but need not. include an inspection of the stockpond.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1051.
1225, 1226 and 1251, Water Code.
History
1 . New Subchapter 2.5 (Sections 900-926, not consecutive) filed 1 1-27 74: des^
ignated effective 1-1-75 (Register 74. No. 48).
2. Renumbering and amendment of former Section 900 to Section 880. and rcnuni
bering amendment of Section 920 to .Section 900 filed i 16 87; effcctix c thir-
tieth day thereafter (Register 87, No. 10).
§901. Hearing.
When requested by a claimant or protestant, the board will hold a hear-
ing to determine any material fact which is in dispute. The board may
hold a hearing on its own motion. The provisions of Subchapter 2. Article
1 1 . insofar as they are applicable, shall govern hearings regarding claims
filed under this subchapter.
NOTE: Authority cited: Section 1058. Water Code. Reference: Section 1226.4.
Water Code.
History
1 . Renumbering and amendment of former Section 901 to Section 88 1 . and renum-
bering and amendment of Section 921 to Section 901 filed 1-16-87: effective
thirtieth day thereafter (Register 87. No. 10). For prior history, see Register 74.
No. 48.
§ 902. Certification.
The board will issue a certification of the water right if it appears that
the material facts stated in the claim are true and entitle the claimant to
a water right for the stockpond. The water right shall be subject to all prior
rights.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1226.1,
1226.2 and 1226.3, Water Code.
History
1. Renumbering and amendment of Section 922 to Section 902 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
2. Editorial correction amending section (Register 2005, No. 17).
Article 6. Continued Use of the Stockpond
and Revocation of the Certification
§ 905. Continued Use of the Stockpond.
At such other times as the board determines to be appropriate, the
board will request certificate holders to furnish a statement under penalty
of perjury that the water is continuing to be used primarily for stockwa-
tering.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1226.4
and 1241, Water Code.
History
1 . Renumbering and amendment of former Section 905 to Section 885, and renum-
bering and amendment of Section 925 to Section 905 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Register 74,
No. 48.
§ 906. Revocation of the Certification.
The board may, after notice to the certificate holder and opportunity
for hearing, revoke any certification upon a finding that the water has
ceased to be used primarily for stockwatering.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 1226.4
and 1241, Water Code.
History
1 . Renumbering and amendment of former Section 91)6 to Section 886, and renum-
bering and amendment of Section 926 to Section 906 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10). For prior histor>', see Register 74,
No. 48.
Page 77
Register 2005, No. 17; 4-29-2005
§907
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Tide 23
§ 907. Number of Claims Required.
History
1. Renumbering and amendment of Seetion 907 to Section 887 tiled 1-16-87; ef-
fective thirtieth day thereafter (Register 87. No. 10). For prior hi.storv, see Reg-
ister 74. No. 48.
§ 908. Penalty for Perjury.
History
1 . Renumbering and amendment of Section 908 to Section 888 filed 1-16-87; ef-
fective thirtieth day thereafter (Reaister 87. No. 1 0). For prior histoi-y, see Reg-
ister 74, No. 48.
§910. Fees.
History
1. Renumbering and amendment of Section 910 to Section 890 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 47, No. 48.
§915. Notices.
History
1 . Renumbering and amendment of Section 915 to Section 895 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 91 6. Protests.
History
1. Renumbering and amendment of Section 916 to Section 896 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 1 0). For prior history, see Reg-
ister 74, No. 48.
§ 91 7. Contents of Protests.
History
1. Renumbering and amendment of Section 917 to Section 897 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 49.
§ 91 8. Ground for Protest.
History
1. Renumbering and amendment of Section 918 to Section 897 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 920. Investigation.
History
1 . Renumbering and amendment of Section 920 to Section 900 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87. No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 921 . Hearing.
History
1 . Renumbering and amendment of Section 921 to Section 901 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 922. Certification.
History
1 . Renumbering and amendment of Section 922 to Section 902 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
§ 925. Continued Use of the Stockpond.
History
1 . Renumbering and amendment of Section 925 to Section 905 filed 1-1 6-87; ef-
fective thirtieth day thereafter (Register 8. No. ] 0). For prior history, see Regis-
ter 74, No. 48.
§ 926. Revocation of the Certification.
History
1 . Renumbering and amendment of Section 926 to Section 905 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 74, No. 48.
Chapter 3.
Determination of Right to the
Use of Water
Article 1. Definitions
§ 940. Board.
"Board" when used in this subchapter means the State Water Re-
sources Control Board.
NOTE: Authority cited: Section 1058, Water Code.
History
1 . Repealer of Sections 950 through 98.S. 989, 992, 993 and 996; new Sections 940
and 950 through 969 filed 6-1 2-56; effective thirtieth day thereafter (Register
56, No. 12).
2. Amendment tiled 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
3. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
Article 2. Adjudications Under Water Code
Sections 2500 Through 2900
§ 945. Petition.
A petition requesting a determination of the rights to water from a
stream system, pursuant to Water Code Section 2523, shall be submitted
to the board and shall contain the following:
(a) The petitioner's naine and address.
(b) A description of the stream system of which the determination of
all rights to water is sought.
(c) A statement of the nature of the right or rights claimed by the peti-
tioner.
(d) A statement of facts and conditions showing why the public inter-
est and necessity will be served by a determination of all rights to water
of the stream system.
(e) Petitioner's signature.
If a petition is signed by more than one petitioner, the information re-
quired by (a) and (c) above shall be provided as to each petitioner.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 2501 and
2525, Water Code.
History
1. Renumbering and amendment of Section 950 to Section 945 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history of Section
950, see Registers 67, No. 49 and 56, No. 12.
§ 946. Public Interest and Necessity.
In making its determination pursuant to Water Code Section 2525 that
the public interest and necessity will be served by a determination of the
water rights involved, the board will consider, together with other rele-
vant facts and conditions, the following:
(a) The degree to which the waters of the stream system are fully used.
(b) Existence of uncertainty as to the relative priorities of rights to the
use of waters of the stream system.
(c) Unsuitability of less comprehensive measures, such as private liti-
gation or agreements, to achieve certainty of rights to the use of waters
of the stream system.
(d) Need for a system-wide decree or watermaster service, or both, to
assure fair and efficient allocation of the waters of the stream system.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 2525, Wa-
ter Code.
History
1. New section filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 947. Proof of Claim of Water Right.
(a) Proofs of claims shall be typewritten or legibly written : n ink upon
forms furnished by the board. The proofs shall be certified as true under
penalty of perjury in accordance with Section 2105.5 of the Code of Civil
Procedure.
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Title 23
State Water Resources Control Board
§959
(b) A separate proof shall be filed for each purpose of use, including
public trust use, except that water for incidental domestic, stock watering
and recreational use may be claimed in the same proof with any other use,
and except that public trust uses must be claimed in a single proof.
(c) A separate proof shall be filed for each diversion from the stream,
except where one or more supplemental diversions are used as a conve-
nience to convey water from the same source, under the same claim of
right, to the same place of use.
(d) Whenever a claim is based upon a pending application, permit or
license to appropriate water, pursuant to the Water Commission Act or
the Water Code, a single proof of claim may be submitted.
(e) Where water is supplied by a public agency or private business or
non-profit association, the required proofs shall be filed by the agency
or association covering all water diverted by such entity from the source.
Those supplied with water need not submit separate proofs, but may do
so if they claim separate rights.
(f) Where a water right is held by two or more parties and the interests
in said water right have been divided among the respective parties, each
party shall file a separate proof covering his individual interest in the wa-
ter right.
(g) Where a water right is held by two or more parties and the interests
in said water right are undivided, one proof may be filed to cover the
claim of the several parties.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 2501,
2526, 2528, 2553, 2555. 2575 and 2576, Water Code; and National Audubon Soci-
ety' V. Superior Court of Alpine County, 33 Cal.3d 41 9, 189 Cal.Rptr. 346, 658 P.2d
709(1983).
History
1. Renumbering and amendment of Sections 951-957 to Section 947 filed
1-1 6-87; effective thirtieth day thereafter (Register 87, No. 10). For prior histo-
ry, see Register 67, No. 49.
§ 948. Signature of Deponent Claimant.
The proof shall be signed by the claimant or authorized agent. The
board shall presume that any person other than a claimant, who signs a
proof of claim is an authorized agent. The presumption is overcome if the
board may be charged with actual knowledge that the person signing has
no authority to do so.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 2553,
2554, 2555, 2575 and 2576, Water Code.
History
1. Renumbering and amendment of Section 961 to Section 948 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 949. Objections.
Objections to the board's report, abstract of claims or water right, or
preliminary order of determination shall be submitted in writing and shall
state the specific objections and the grounds upon which the objections
are based.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 2604 and
2628, Water Code.
History
1. Renumbering and amendment of Section 962 to Section 949 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 77, No. 10.
§ 950. Other Applicable Regulations.
The following provisions of Article 1 1 of Subchapter 2 apply to hear-
ings held in connection with adjudication of water rights, except that all
references to "applicants," "petitioners" or "protestants" shall be read as
referring to claimants, other holders of rights included in the preliminary
order of determination and objectors in the adjudication proceeding: Sec-
tion 76 1 , Procedure at Hearings; Section 762, Witnesses and Exhibits;
Section 763, Subpoenas; Section 766, Failure to Appear.
NoTE: Authority cited: Section 1058, Water Code. Reference: Sections 183, 1051
and 2650, Water Code.
History
1 . Renumbering and amendment of former Section 988 to Section 950 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
2. Amendment filed 12-7-67 as procedural and organizational; effective upon fil-
ing (Register 67, No. 49).
3. Renumbering and amendment of former Section 950 to Section 945, and new
section 950 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
4. Editorial con^ecfion amending section (Register 2005, No. 17).
§ 951 . Inspection of Records.
No proofs or documents relating thereto shall be taken from the custo-
dy of the board prior to filing same with the clerk of the superior court,
as provided in Section 2750 of the Water Code. Access to the same, and
inspection thereof, will be permitted during regular office hours.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 2625,
2626 and 2750, Water Code.
History
1 . Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Renumbering and amendment of former Section 95 1 to Section 947, and renum-
bering and amendment of Secfion 969 to Section 951 filed 1-16-87; effective
thirtieth day thereafter (Register 87, No. 10).
§ 952. Separate Proof for Each Purpose of Use.
History-
1. Amendment filed 12-7-67 as organizafional and procedural; effective thirtieth
day thereafter (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Renumbering and amendment of former Secfion 952 to Section 947 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 953. Separate Proof for Each Diversion.
History
1 . Renumbering and amendment of Section 953 to Section 947 filed 1 -1 6-87; ef-
fecfive thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 954. Single Proof for Claim Initiated Under the Water
Commission Act or Water Code.
History
1. Renumbering and amendment of Section 954 to Section 947 filed 1-16-87; ef-
fecfive thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 955. Claims to Water Supplied by District or Water
Company.
History
1. Renumbering and amendment of Section 955 to Section 947 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 956. Divided Interests.
History
1. Renumbering and amendment of Section 956 to Section 947 filed 1-16-87; ef-
fecfive thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 957. Undivided Interests.
History
1. Renumbering and amendment of Section 957 to Secfion 947 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 958. General Requirements for Proofs of Claims.
History
1 . New section (renumbered from former Secfion 990(a) amended) filed 6-12-56;
effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment of subsections (b) and (c) filed 4-25-72; effecfive thirtieth day
thereafter (Register 72, No. 18).
3. Repealer filed 3^^-77; effecfive thirtieth day thereafter (Register 77, No. 10).
§ 959. Specific Requirements for Irrigation Proofs.
History
1. New section (renumbered from former Section 990(b), (c) and (d), amended)
filed 6-12-56; effecfive thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizafional and procedural; effective upon fil-
ing (Register 67, No. 49).
3. Repealer and new secfion filed 4-25-72; effecfive thirtieth day thereafter (Reg-
ister 72, No. 18).
4. Repealer filed 3^-77; effecfive thirtieth day thereafter (Register 77, No. 10).
Page 78.1
Register 2005, No. 17; 4-29-2005
§960
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 960. Uses Other Than Irrigation.
History
1. Amendment of subsection (b) filed 4-25-72; effective thirtieth day thereafter
(Register 72, No. 18). For prior history, see Register 56, No. 12.
2. Repealer filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
§ 961 . Signature of Deponent.
History
1 . Renumbering and amendment of Secdon 961 to Section 948 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10). For prior history, see Reg-
ister 56, No. 12.
§ 962. Objections.
History
1. New section (renumbered from former Section 991 amended) filed 6-12-56;
effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizafional and procedural; effecdve upon fil-
ing (Register 67, No. 49).
3. Amendment filed 3-4-77; effecfive thirtieth day thereafter (Register 77, No.
10).
4. Renumbering and amendment of Section 962 to Section 749 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 963. Subpoenas.
History
1 . Amendment filed 12-7-67 as organizafional and procedural; effecfive upon fil-
ing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Amendment filed 12-15-72; effective thirtieth day thereafter (Register 72, No.
51).
3. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 964. Procedure at Hearings.
History
1. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
For prior history, see Register 56, No. 12.
§ 965. Official Notice.
History
1 . Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 966. Evidence by Reference.
History
1 . Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 967. Oral Arguments and Briefs.
History
1 . Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49). For prior history, see Register 56, No. 12.
2. Repealer filed 1-16-87, effective thirtieth day thereafter (Register 87, No. 10).
§ 968. Attorneys or Agents.
History
1. New section (renumbered from former Section 994 amended) filed 6-12-56;
effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
3. Repealer filed 1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
§ 969. Inspection of Records.
History
1. New section (renumbered from former Section 995 amended) filed 6-12-56;
effective thirtieth day thereafter (Register 56, No. 12).
2. Amendment filed 12-7-67 as organizational and procedural; effective upon fil-
ing (Register 67, No. 49).
3. Renumbering and amendment of Section 961 to Section 951 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
Chapter 4. Recordation of Water
Extractions and Diversions
Article 1
Notices of Water Extractions and
Diversions
§1000. Use of Forms.
Notices filed with the board pursuant to Part 5, Division 2, of the Water
Code shall be submitted upon forms furnished by the board.
Note: Authority cited: Sections 1052 and 1058, and 5002 and 5008, Water Code.
Issuing agency: State Water Rights Board. Additional authority and reference
cited: Sections 5006 and 5007, Water Code.
History
1. New Subchapter 4 (§§1000, 1001, 1002, 1006, 1010, 1011, 1015, 1020, 1021
and 1022) filed 10-18-56; effective thirtieth day thereafter (Register 56, No.
19).
2. Repealer of Sections 1000, 1001, 1005. 1006 1010, 1011 and 1015. and new
Sections 1000, 1001 and 1002, filed 12-27-57; effective thirtieth day thereafter
(Register 58, No. 1).
3. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 1 001 . Separate Notices.
A separate First Notice and Annual Notice shall be filed for each well
or surface diversion.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 5101,
5102 and 5104, Water Code.
History
1 . New Note filed 1-1 6-87; effective thirtieth day thereafter (Register 87, No. 1 0).
§ 1002. Contents of Notices.
The notices shall contain the available information requii'ed by the
forms provided by the board and shall be prepared in accordance with the
instructions contained therein.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sectior. 5103, Wa-
ter Code.
History
1. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
Article 2. Fees
§1010. Filing Fees.
Notices of ground water extraction or surface water diversions shall
be accompanied by a filing fee required by section 1070 of this division.
NOTE: Authority cited: Sections 1058, 1530 and 5006, Water Code. Reference:
Sections 1529 and 5006, Water Code.
History
1. Renumbering from Section 1020. and amendment filed 12-27-57; effective
thirtieth day thereafter (Register 58, No. 1).
2. Amendment filed 1 1-25-59; effective thirtieth day thereafter (Register 59, No.
20).
3. Amendment filed 5-24-74; designated effective 7-1-74 (Register 74, No. 21).
4. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
5. Amendment of section and Note filed 12-23-2003 as an emergency; operative
1-1-2004 (Register 2003, No. 52). Pursuant to Water Code section 1530 this
rulemaking action remains in effect until revised by the State Water Resources
Control Board.
§ 1 01 1 . Effect of Failure to Pay Filing Fees.
Notices not accompanied by the required fees will not be acc;epted for
filing.
NOTE: Authority cited: Sections 1058 and 5006, Water Code. Reference: Section
5006, Water Code.
History
1. Renumbering from Section 1021 filed 1 2-27-57; effective thirtieth diy thereaf-
ter (Register 58, No. 1).
2. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
Page 78.2
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Title 23
State Water Resources Control Board
§1061
§1012. Investigation Charges.
Requests for investigations and determinations under Section 5007 of
the Water Code shall be accompanied by a payment of twenty-five dol-
lars ($25). The board will then estimate the total cost of the investigation
and determination, and will send a statement thereof to the applicant. Any
part of such estimate in excess of twenty-five dollars ($25) must be paid
before the investigation is commenced. The estimated total cost of the in-
vestigation and determination shall not be exceeded by more than 20 per-
cent without prior notice to the applicant and until his written consent to
proceed is obtained and such further payment as the board requires is re-
ceived.
Note. Authority cited: Section 1058, Water Code. Reference: Section 5007, Wa-
ter Code.
History
1 . Renumbering fiom Section 1022 filed 12-27-57; effective thirtieth day thereaf-
ter (Register 58, No. 1 ).
2. Amendment filed 10-25-65; effective thirtieth day thereafter (Register 65, No.
20).
3. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
4. Editorial correction amending section (Register 2005, No. 17).
Article 3. Investigation and Determination
of Facts
§1020. Notice of Investigation.
After a request for an investigation and determination of facts pursuant
to Section 5007 of the Water Code has been received and the estimated
cost has been paid, all persons known to have a direct interest in the mat-
ter will be notified of the pendency of the investigation and that they are
allowed 30 days within which to submit relevant information concerning
the facts to be determined.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 5007, Wa-
ter Code.
History
1. New Article 3 (Sections 1020 through 1023) filed 10-25-65; effective thirtieth
day thereafter (Register 65, No. 20).
2. Amendment filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 1 021 • Service of Proposed Findings.
After the board's investigation has been completed, a copy of the pro-
posed findings will be mailed to the person who filed the notice, the per-
son who requested the investigation, and any other person who has sub-
mitted information. The proposed findings will be accompanied by a
notice that objections to them may be filed within 60 days. The board will
specify the persons on whom a copy of any objections shall be served.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 5007, Wa-
ter Code.
History
I. New noted filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§ 1022. Hearing.
If deemed advisable by the board, a hearing will be held to determine
any facts which are in dispute. The provisions of Subchapter 2, Article
I I , insofar as they are applicable, shall govern hearings held pursuant to
this subchapter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 5007, Wa-
ter Code.
History
I . Renumbering and amendment of former Section 1022 to Section 1023, and new
Section 1022 filed 1-16-87; effective thirtieth day thereafter (Register 87, No.
10).
§1023. Further Procedure.
After the time for filing objections has expired, and after any necessary
hearing has been held, a draft of the board's finding and determinations
will be prepared and mailed to interested persons who have appeared in
the proceeding together with a notice of the time when final action will
be taken, which time will not be less than 30 days from the date of mailing
the notice. Exceptions to the draft may be filed and served on opposing
parties prior to the time stated in the notice and will be considered by the
board in making its final determination. The board may cause such fur-
ther investigation to be made as it deems necessary and for such purpose
may defer making its final determination.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 5007, Wa-
ter Code.
History
1 . Renumbering and amendment of former Section 1023 to Section 1024, and re-
numbering and amendment of Section 1022 to Section 1023 filed 1-16-87; ef-
fective thirtieth day thereafter (Register 87, No. 10).
§ 1 024. Shortening of Time.
The board may for cause and consistent with Section 5007 of the Water
Code shorten any of the times stated in this article.
Note: Authority cited: Section 1058. Water Code. Reference: Sections 1020.
1021, 1022 and 1023, Water Code.
History
1. Renumbering and amendment of former Section 1023 to Section 1024 filed
1-16-87; effective thirtieth day thereafter (Register 87, No. 10).
Chapter 4.5. Procedures for Protecting
Instream Beneficial Uses
NOTE: Authority cited: Sections 185, 1058 and 1252, Water Code. Reference:
Sections 174, 183,275, 1051, 1243, 1243.5, 1253, 1255, 1257, 13140, 13142 and
13170, Water Code; and Sections 21000, et seq.. Public Resources Code.
History
1. New Subchapter 4.5 (Articles 1-3, Sections 1050-1060, not consecutive) filed
5-29-81; effecdve thirtieth day thereafter (Register 81, No. 22).
2. Repealer of Subchapter 4.5 (Sections 1050-1060, not consecutive) filed
9-27-85; effecdve thirtieth day thereafter (Register 85, No. 40).
Chapter 5. Fees
§1061. Definitions.
(a) "Annual fee" means a fee for the twelve-month fiscal year begin-
ning July 1 and ending June 30, that is described in sections 1063, 1065,
1066, 1067, and 3833.1 of this title, and that the State Board of Equaliza-
tion is required to collect pursuant to Water Code section 1537.
(b) "Assessment" means an amount owing as included in a notice of
determination or similar billing document issued by the State Board of
Equalization to a person identified by the board as owing an annual fee,
unpaid fee, or expense.
(c) "Board" means the State Water Resources Control Board.
(d) "Fee payer" means any person liable for the payment of fees or ex-
penses collected pursuant to this chapter.
(e) "Person" means a person, individual, trust, joint stock company,
business concern, firm, association, organization, partnership, business
trust, corporation, limited liability company, company, or entity or orga-
nization capable of holding an interest in real property in California.
"Person" also includes a city, county, city and county, district, commis-
sion, the state or any department, agency, or political subdivision thereof,
interstate body, and the United States, to the extent authorized by federal
law.
(f) "Unpaid fee" means any fee provided for under this chapter or
chapter 28 of this title that was not timely paid to the board and that the
State Board of Equalization is required to collect pursuant to Water Code
section 1537.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
19, 25, 1252.5, 1525, 1536, 1537 and 13050(c), Water Code.
History
1. New chapter 5 (sections 1061-1078) and section filed 12-23-2003 as an emer-
gency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code
section 1530 this rulemaking action remains in effect until revised by the State
Water Resources Control Board. For prior history of chapter 5, sections
2001-2022, see Register 81, No. 36.
Page 78.3
Register 2005, No. 42; 10-21-2005
§1062
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 1062. Filing Fees for Water Right Applications.
(a) A person who files a water right application shall pay to the board
a filing fee as follows:
( 1 )( A) Except as provided in subparagraph (B ), the fee for a water right
application shall be $ 1 ,000, plus $ 1 5 for each acre-foot that the applicant
seeks to divert in excess of 10 acre-feet. The total fee shall not exceed
$410,000, plus any additional fee due pursuant to subparagraphs (2) and
(3).
(B) At a facility where a small hydroelectric generating facility meets
the criteria for a Class 28 categorical exemption under the California En-
vironmental Quality Act, as established in California Code of Regula-
tions, title 14, section 15328, the fee shall be $1,000.
(2) If a water right application is accompanied by a petition to revise
a declaration of fully appropriated stream systems, then $10,000 shall be
added to the fee.
(3) If a water right application is accompanied by a petition for assign-
ment of a state-filed application pursuant to Water Code section 10504,
then $5,000 shall be added to the fee.
(b) A person who filed a water right application on or after July 1 ,
2003, and prior to January 1, 2004, shall pay a supplemental filing fee
equal to the difference between the fihng fee already paid and the amount
due pursuant to the regulation in effect on January 1 , 2004.
(c) The application filing fee includes a non-refundable $250 initial
review fee.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1525 and 1535, Water Code.
History
1 . New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a)(1) and (b) and new subsection (c) filed
10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42).
Pursuant to Water Code section 1 530, this rulemaking action remains in effect
until revised by the State Water Resources Control Board.
3. Redesignation and amendment of former subsection (a)(1) as new subsection
(a)( 1 )(A) and new subsection (a)( 1 )(B) filed 10-21-2005 as an emergency; op-
erative 10-21-2005 (Register 2005, No. 42). Adopted by the State Water Re-
sources Control Board 9-22-2005; submitted to OAL for printing only on
10-1 1-2005 pursuant to Water Code sections 1525 and 1530, which provides
that the regulation shall be deemed an emergency, shall not be subject to OAL
review, and shall remain in effect until revised by the state board.
§ 1063. Annual Fees for Water Right Applications.
Under any of the following circumstances, a water right applicant shall
pay an annual fee, as set forth in section 1066:
(a) The diversion of water, the construction of diversion works, or the
clearing of land where the diverted water will be used or stored, has been
initiated before a permit is issued authorizing the diversion.
(b) The applicant requests the board to delay processing the water right
application.
(c) The applicant is a lead agency under the California Environmental
Quality Act (CEQA) (commencing with Public Resources Code section
21000) and has not adopted or certified a final environmental document
for the project for which the application is filed, as may be required under
CEQA, within two years after the board first provides notice of the water
right application.
(d) The applicant fails to provide supplemental informafion requested
pursuant to Water Code section 1275 within the fime period provided.
(e) The Chief, Division of Water Rights, has determined that a permit
may be issued for the project, but the applicant has not paid filing fees
required under Public Resources Code secdon 10005, Fish and Game
Code section 71 1.4, or other law.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference; Sections
1525, 1536 and 1537, Water Code.
History
1 . New section filed 1 2-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsection (c) filed 10-21-2005 as an emergency; operative
10-21-2005 (Register 2005, No. 42). Adopted by the State Water Resources
Control Board 9-22-2005; submitted to OAL for printing only or 10-1 1-2005
pursuant to Water Code sections 1 525 and 1 530, which provides that the regula-
tion shall be deemed an emergency, shall not be subject to OAL review, and
shall remain in effect until revised by the state board.
§ 1064. Filing Fees for Petitions or Requests.
(a) A person who files a petition or a request for release from priority
shall pay to the board a filing fee for each water right application, permit
or license covered by the petition or request in accordance with this sec-
don.
( 1 ) For purposes of calculating the filing fee, a pedtion to change one
or more terms of a single applicadon, permit, license, or other water right
shall be considered a single petidon, provided that acdon can be taken on
the changes simultaneously, except that a petition for an extension of
dme shall be considered a separate petidon, subject to a separate fee,
from a peddon to change one or more other terms in a water right. A peti-
doner requesdng changes to more than one application, permit, license,
or other water right shall file a separate petidon or peddons for each water
right and a filing fee shall be required for each pedtion. A separate filing
fee shall be required for each change peddon subsequendy filed on a wa-
ter right that is already the subject of a pending peddon for change.
(A) Except as provided in subparagraphs (i), (ii), and (iii), the fee for
a petidon to change the terms of an applicadon, permit or license shall be
as follows. The fee shall be a minimum of $1,000. If the total annual
amount of diversion sought by the pending applicadon or authorized by
the permit or license, as calculated in accordance with secdon 1 066, is
greater than 10 acre-feet, then the peddoner shall pay an additi onal $0.30
for each acre-foot in excess of 1 acre-feet. The total fee shall not exceed
$5,150.
(i) The fee for a petition for change pursuant only to Water Code sec-
tion 1707 shall be $850.
(ii) The fee for a change peddon involving a transfer of water pursuant
to Water Code secdon 382, 1701, 1725, or 1735 shall be $2,000, plus
$0.30 for each acre-foot that the peddoner seeks to transfer in excess of
10 acre-feet. The fee shall be based on the maximum amount of water
proposed to be transferred annually, not the amount of watei- proposed
to be transferred over the entire term of the transfer. The total fee shall
not exceed $410,000.
(iii) The fee for a peddon for extension of dme shall be $1,000.
(2) The fee for a peddon to change the point of discharge, place of use,
or purpose of use of treated wastewater pursuant to Water Code secdon
1211 shall be $1,000.
(3) The fee for a request for release from priority of a stat£;-filed ap-
plicadon pursuant to Water Code secdon 10504 shall be $5,000.
(4) The fee for a petidon filed pursuant to Water Code secdon 1228.7
to change the point of diversion or place of use under a registration of an
appropriadon for small domestic or livestock stockpond use shall be
$250.
(b) A person who filed a petidon or a request for release from priority
on or after July 1 , 2003, and prior to January 1 , 2004, shall pay a supple-
mental filing fee equal to the difference between the filing fee already
paid and the amount due pursuant to the regulation in effect on January
1,2004.
(c) The peddon filing fee includes a non-refundable $250 inidal re-
view fee.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
386, 1525 and 1535, Water Code.
History
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment filed 10-14-2004 as an emergency; operative 10-14-2004 (Regis-
ter 2004, No. 42). Pursuant to Water Code section 1 530, this rulema-cing action
remains in effect until revised by the State Water Resources Control Board.
3. Repealer and new subsection (a)(1), new subsection (a)(1)(A), subsection re-
numbering, amendment of newly designated subsection (a)(l)(A)(ii) and new
subsecdon (a)(4) filed 10-21-2005 as an emergency; operative 10-21-2005
(Register 2005, No. 42). Adopted by the State Water Resources Control Board
9-22-2005; submitted to OAL for printing only on 10-11-2005 pursuant to
Water Code sections 1 525 and 1530, which provides that the regulation shall be
Page 78.4
Register 2005, No. 42; 10-21-2005
Title 23
State Water Resources Control Board
§1068
deemed an emergency, shall not be subject to OAL review, and shall remain in
effect until revised by the state board.
§ 1065. Annual Fees for Petitions or Requests.
If any of the following circumstances occurs, a person filing a petition
or request for release from priority shall pay an annual fee of $ 1 ,000 for
each water right application, permit or license covered by the petition or
request. This annual fee is in addition to any annual fee required under
section 1066.
(a) The person requests the board to delay processing the petition or
request.
(b) The person diverts or uses water, before the board approves the re-
quested cliange, in a manner that is not authorized without approval of
the requested change.
(c) The person is a lead agency under the California Environmental
Quality Act (CEQA) (commencing with Public Resources Code section
21000) and has not adopted or certified a final environmental document
for the project for which the petition or request is filed, as may be required
under CEQA, within two years after the board first provides notice of the
petition or request.
(d) The person fails to provide supplemental information requested
pursuant to Water Code section 1701.3 within the time period provided.
NOTE: Authority cited: Sections 1058 and 1530. WaterCode. Reference: Sections
1525, 1536 and 1537, Water Code.
History
1. New section filed 12-2.3-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of section heading, first paragraph and subsections (a) and (c) filed
10-21-2005 as an emergency; operative 10-21-2005 (Register 2005, No. 42).
Adopted by the State Water Resources Control Board 9-22-2005; submitted to
OAL for printing only on 10-1 1-2005 pursuant to Water Code sections 1525
and 1 530, which provides that the regulation shall be deemed an emergency,
shall not be subject to OAL review, and shall remain in effect until revised by
the state board.
§ 1066. Annual Fees for Permits or Licenses.
(a) A person who holds a water right permit or license shall pay a mini-
mum annual fee of $100. If the total annual amount of diversion autho-
rized by the permit or license is greater than 10 acre-feet, then the permit-
tee or licensee shall pay an additional $0.03 for each acre-foot in excess
of 10 acre-feet.
( 1 ) For permits or licenses issued prior to the beginning of the year for
which the fee is imposed, the board shall calculate annual fees according
to the total annual amount of diversion authorized by the permit or license
as of the beginning of the year.
(2) The board shall calculate annual fees for permits issued on or after
the beginning of the year according to the total annual amount of diver-
sion authorized by the permit as issued by the board.
(b) The board shall calculate the annual fee based on the total annual
amount of diversion authorized by the permit or license, without regard
to the availability of water for diversion or any bypass requirements or
other conditions or constraints that may have the practical effect of limit-
ing diversions but do not constitute a condition of the permit or license
that expressly sets a maximum amount of diversion.
( 1 ) If the permit or license does not expressly identify the total annual
amount of diversion, the board shall calculate the total annual amount
based on the rate of authorized diversion multiplied by the length of time
in the authorized season of diversion.
(2) If the permit or license contains an annual diversion limitation that
is applicable only to that permit or license, and the limitation is less than
the calculated diversion volume, the fee shall be based on the amount
specified in the limitation.
(3) If a person holds multiple water rights that contain an annual diver-
sion limitation that is applicable to the combination of those rights, but
the person may still divert the full amount authorized under a particular
right, then the fee shall be based on the total annual amount for that indi-
vidual right.
NOTE: Authority cited: Sections 1058 and 1530, WaterCode. Reference: Sections
1525, 1536 and 1537, WaterCode.
History
1 . New section filed 12-23-2003 as an emergency; operative 1-1- 2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a), (b)(2) and (b)(3) filed 10-14-2004 as an emer-
gency; operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code
section 1530, this rulemaking action remains in effect until revised b} the State
Water Resources Control Board.
3. Amendment of subsection (a) filed 10-21-2005 as an emergency; operative
10-21-2005 (Register 2005, No. 42). Adopted by the State Water Resources
Control Board 9-22-2005; submitted to OAL for printing only on 10 1 1-2005
pursuant to Water Code sections 1 525 and 1 530, which provides that the regula-
tion shall be deemed an emergency, shall not be subject to OAL re\ie\\, and
shall remain in effect until revised by the state board.
§1067. Water Leases.
(a) A person who files an application for approval of a water lease
agreement pursuant to Water Code section 1025.5 shall pay to the board
a filing fee equal to an amount calculated in accordance with the fee
schedule in section 1062 of this chapter, except that the fee shall be based
on the amount of water proposed to be leased over the entire term of the
lease instead of the amount proposed to be diverted per year, and the fee
shall not be subject to any limit imposed under that section. The tiling fee
shall constitute all annual fees for the term of the lease.
(b) A person who provides notice of a water lease to the board shall pay
to the State Board of Equalization an annual fee determined by the board
pursuant to this subdivision.
( 1 ) When a water district submits a notice to the board under Water
Code section 1025, the water district shall include in the notice sufficient
information for the board to determine the maximum amount of water to
be leased for each year the lease will be in effect. The board shall deter-
mine the annual fees for the lease in an amount equal to the fee set forth
in section 1062 of this chapter for the first year of the lease, and the fee
set forth in section 1062 for each additional year the lease agreement is
in effect, except that the fee for each year shall not be subject to any limit
imposed under that section. In applying section 1062 to calculate the
amount of the fee for the lease, the board shall calculate a separate annual
fee for each year based on the amount of water proposed to be leased each
year instead of calculating the fee based on the amount of water proposed
to be diverted per year.
(2) The water district shall notify the board that it has approved a lease
agreement, and shall provide the board a copy of the notice of determina-
tion submitted in compliance with the California Environmental Quality
Act (commencing with section 21000 of the Public Resources Code),
within ten days after the water district approves the lease agreement.
(3) The water lease shall not take effect until the first annual fee is paid,
and the water lease shall not continue in effect in any subsequent year un-
less the annual fee for that year is paid.
(c) The board may collect additional fees to cover its costs of com-
pliance with Water Code sections 1026 and 1029.
NOTE: Authority cited: Sections 1058 and 1530, WaterCode. Reference: Sections
1025, 1025.5, 1031 and 1525, Water Code.
History
1 . New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a) and (b)(1) filed 10-14-2004 as an emergency;
operative 10-14-2004 (Register 2004, No. 42). Pursuant to Water Code section
1530, this rulemaking action remains in effect until revised by the State Water
Resources Control Board.
3. Amendment of subsections (a) and (b)(1) filed 10-21-2005 as an emergency;
operative 10-21-2005 (Register 2005, No. 42). Adopted by the State Water Re-
sources Control Board 9-22-2005; submitted to OAL for printing only on
10-1 1-2005 pursuant to Water Code sections 1525 and 1 530, which provides
that the regulation shall be deemed an emergency, shall not be subject to OAL
review, and shall remain in effect until revised by the state board.
§ 1068. Registration Fees for Small Domestic and
Livestock Stockpond Uses.
(a) A person who registers an appropriation of water for small domes-
tic or livestock stockpond use pursuant to Water Code section 1 228.3
shall pay to the board a registration fee of $250.
Page 78.5
Register 2(X)5, No. 42; 10-21-2CXJ5
§1069
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(b) A person who renews such registration pursuant to Water Code
section 1228.5 shall pay to the board a renewal fee of $100.
NOTK: Authority cited: Sections 1 058 and 1 530, Water Code. Reference: Sections
1228.3. 1228.5 and 1525, Water Code.
History
1 . New section filed 1 2-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1 530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
§1069. Proof of Claim.
A person who files a proof of claim under division 2, part 3, chapter
3. article 4 (commencing with section 2575 ) of the Water Code, shall pay
to the board a filing fee of $500.
NOTH: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1528, 1535 and 2850. Water Code.
History
1 . New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
§ 1070. Notice of Extraction and Diversion of Water.
A person who files a notice under division 2. part 5 (commencing with
section 4999) of the Water Code, shall pay to the board a filing fee of
$115.
NOTH: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1529, 1535 and 5006, Water Code.
History
1 . New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
§1071. Hydroelectric Projects.
(a) Except as provided in subdivision (b), a fee imposed under this
chapter for an activity involving the diversion or use of water for the pur-
pose of diverting water for hydropower generation shall be calculated as
follows:
( 1 ) At a facility licensed, or subject to licensing, by the Federal Energy
Regulatory Commission, the fee shall be the greater of either 30 percent
of the fee calculated in accordance with the other applicable provisions
of this chapter or $100.
(2) At all other hydropower generation facilities, the fee shall be the
greater of either 50 percent of the fee calculated in accordance with the
other applicable provisions of this chapter or $100.
(b) Subdivision (a) does not apply to the following:
( 1 ) Any permit, license, application, petition or other filing that autho-
rizes or proposes an irrigation use, municipal use, or other consumptive
use unless that permit, license, application, petition or other filing is pri-
marily for power use and specifically identifies the consumptive use as
an incidental use.
(2) Any fee or portion of a fee imposed pursuant to paragraph (1)(B),
(2) or (3) of subdivision (a) of section 1062, subdivision (d) of section
1063, subdivision (d) of section 1065, or section 1069.
(3) Any expense imposed under part 3 (commencing with section
2000) of division 2 of the Water Code or to any fee imposed under chapter
28 of this division.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Section
1525, Water Code.
History
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsection (b)(2) filed 10-21-2005 as an emergency; operative
10-21-2005 (Register 2005, No. 42). Adopted by the State Water Resources
Control Board 9-22-2005; submitted to OAL for printing only on 1 0-1 1-2005
pursuant to Water Code sections 1525 and 1 530, which provides that the regula-
tion shall be deemed an emergency, shall not be subject to OAL review, and
shall remain in effect until revised by the state board.
§ 1072. Joint and Several Liability.
If more than one person is liable for a fee under this chapter, then that
liability shall be joint and several.
NotH: Authority cited: Sections 1058 and 1530, Water Code. Reference: Section
1525. Water Code.
History
1 . New section filed 12-23-2003 as an emergency; operative 1-1-2304 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the Slate Water Resources Contrjl Board.
§ 1073. Allocation of Fees and Expenses.
(a) The Chief, Division of Water Rights (Division Chief), is delegated
the authority to apply Water Code section 1560, subdivision (b).
(b) The Division Chiefs determination under Water Code section
1540 whether the United States Bureau of Reclamation (USF5R) is likely
to decline to pay fees or expenses for projects within the Central Valley
Project, and any allocation of those fees or expenses, shall be consistent
with the following criteria:
( 1 ) The Division Chief first shall consult with the L SBR to ascertain
whether the USER will pay the applicable amount or agree to contractual
arrangements that, in the opinion of the Division Chief, prox'ide an ade-
quate substitute for payment of the fee or expense.
(2) If the USBR declines or is likely to decline to pay the fee or expense
or to agree to contractual arrangements acceptable to the Division Chief,
the Division Chief shall allocate the fee or expense to the USSR'S water
supply contractors in accordance with subdivision (b)(2) of Water Code
section 1560. The fee or expense for projects of the Central Valley Proj-
ect shall be prorated among the contractors for the Central Valley Project
based on either the contractor's entitlement under the contract or. if the
contractor has a base supply under the contract, the contractor's supple-
mental supply entitlement. This formula is expressed mathematically as
follows:
Fee,- =
PeeusBR
Where: i = individual contractor
X = supplemental water entitlement under the contract or to-
tal contract amount if there is no base supply under the con-
tract n = number of contractors
FeeusBR = fee or expense apportioned to the USBR for the
Central Valley Project
(c) If a fee or expense or portion thereof is allocated, pursuant to subdi-
vision (b)(2) of Water Code section 1560 or subdivision (b) of this sec-
tion, to an individual water supply contractor that is a federal agency or
Indian tribe who has declined, or is likely to decline, to pay the fee or ex-
pense, the Division Chief may apply subdivision (b) of Wate" Code sec-
tion 1560 to the fee or expense or portion thereof allocated to that con-
tractor.
(d) If a water supply contractor allocated a portion of an annual fee pur-
suant to subdivision (b)(2) of section 1560 of the Water Code or subdivi-
sion (b) of this section successfully petitions the board to reduce or elimi-
nate that allocation, the board's action on the petition .shall not provide
a basis for recalculation or reapportionment of the annual fee for that fis-
cal year as apportioned to any other contractor that has not filed a petiUon
for reconsideration of its allocation.
(e) The following definitions apply to this section:
( 1 ) "Base supply" means the amount of water delivered to s water user
by USBR from the Central Valley Project that is designated as base sup-
ply in a water supply contract between the user and the USBR.
(2) "Supplemental supply entitlement" means the amount of water ex-
ceeding base supply delivered from the Central Valley Project to a water
user.
NOTE: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1525, 1540 and 1560, Water Code.
History
1 . New secdon filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
Page 78.6
Register 2005, No. 42; 10-21-2005
Title 23
State Water Resources Control Board
§ 1076
§ 1 074. Administration of Fees and Expenses.
(a) Annual tees shall be imposed based on the fiscal year (July 1
through June 30). Annual fees shall be based on the regulations in effect
at the time of assessment. Except as otherwise provided in section 1062.
subdivision (b) and section 1064, subdivision (b), filing fees shall be
based on the regulations in effect at the time of filing. All references in
this chapter to the beginning of the year or to circumstances occuning
during the year shall be construed to refer to the fiscal year.
(b) Except as provided in this subdivision, if the circumstances estab-
lishing a requirement for payment of an annual fee occur during a year,
the entire annual fee shall be imposed for that year, even if those circum-
stances occur for only a portion of the year. The board may decide not to
assess an annual fee if a permittee or licensee requests revocation of the
permit or license before the annual fee is assessed and the board deter-
mines that revocafion likely would be appropriate.
(c) If the idenfity of a fee payer changes before an assessment is issued,
the previous fee payer remains responsible for payment of the assess-
ment, unless the fee payer notifies the board of the name and address of
the new fee payer at least 10 days before the assessment is issued. The
noUce must comply with section 831 of this division, if applicable.
(d) An annual fee shall be due and payable thirty days after the State
Board of Equalization issues an assessment.
(e) Expenses and unpaid fees are due on the date that they should have
been paid to the board.
(f) Whenever, while acting within the scope of its authority under
chapter 8 (commencing with section 1 525), part 2, division 2 of the Water
Code, the board notifies the State Board of Equalizadon of an assess-
ment, decision on a petition for reconsideration, decision on a claim for
refund, cancellation, or adjustment, the State Board of Equalizadon shall,
without further review, collect, refund, cancel or adjust the assessment
or other amount in accordance with the instrucfions of the board.
(g) If a fee payer files a pefidon for reconsideradon of an assessment
with the board pursuant to section 1077 or secdon 1078 of this chapter,
then the fee payer may either (i) dmely pay the assessment to the State
Board of Equalizadon and include a request for refund in the peddon for
reconsideradon filed with the board or (ii) postpone payment of the as-
sessment while the peddon for reconsideration is pending.
( 1 ) If payment of the assessment is postponed until the board decides
the petidon for reconsideration, interest will continue to accrue from the
date the assessment was inidally due at the rate specified in Revenue and
Taxadon Code section 55042.
(2) The board shall prompdy notify the State Board of Equalizadon of
its decision on a pedtion for reconsideration.
(3) Any amount to be refunded or cancelled shall be credited by the
State Board of Equalization on any amounts then due from the person
from whom the amount to be refunded or cancelled was collected or by
whom it was paid, and the balance shall be refunded to the person, or his
or her successors, administrator, or executors.
(h) If the board denies the petition for reconsideradon in whole or in
part, then the assessment shall become final for purposes of the Fee
Collecdon Procedures Law, part 30 (commencing with secdon 55001 ) of
division 2 of the Revenue and Taxadon Code, thirty days after the State
Board of Equalizadon issues a reassessment implemendng the board's
decision. Interest shall be due from the date that the assessment was origi-
nally due and penalties shall accrue commencing on the date that the reas-
sessment becomes final for purposes of the Fee Collection Procedures
Law. This paragraph does not affect the deadline for filing a peddon for
writ of mandate under secdon 1 126 of the Water Code. For purposes of
section 1 1 26 of the Water Code, the board's order or decision on a peti-
tion for reconsideration is final on the date that the board issues the order
or decision.
(i) Thirty-one days following the date of assessment or reassessment
by the State Board of Equalization, amounts assessed by the State Board
of Equalization that were not the subject of a dmely peddon for reconsid-
eration by the board, and amounts that were the subject of a dmely ped-
don for reconsideradon that have been decided by the board to be owing.
shall be treated as final liabilities under the F^ee Collection Procedures
Law.
(j) A person may not maintain a suit in any court for the recoxery of
a fee assessed by the State Board of Equalization unless the person has
filed a petition for reconsideration in accordance with this chapter and
has either paid the fee in accordance with subdivision (d) or pays the fee
within 30 days of the issuance of a reassessment of the fee pursuant to
subdivision (h). The petidon and payment of the fee in accordance with
this subdivision consdtute a claim for refund within the meaning of sec-
don 55242 of the Revenue and Taxation Code.
NOTh: Authority cited: Sections 1058 and 1530, Water Code. Reference: Caiilor-
nia Constitution, Article XIII. Section 32; and Sections 1525. 1535. 1536 and
1537, Water Code.
History
1. New section filed 12-23-2003 as an emergency; operative 1-1"2()()4 (Reiii>tLT
2003, No. 52). Pursuant to Water Code section L'S30 this rulcmakinj: action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a)-(c). (f) and (g). new subsection (j) and amend-
ment of NoTF. filed 10-14-2004 as an emergency; operative 10-14 2004 (Reg-
ister 2004, No. 42). Pursuant to Water Code section 1530. this rulemaking ac-
tion remains in effect until revised by the State Water Resources Control Board.
3. Editorial correction of subsection (j) (Register 2004, No. 46).
§ 1075. Collection of Fees and Expenses.
(a) The State Board of Equalizadon shall collect the annual fees estab-
lished under secdons 1063, 1065, 1066, 1067, and 3833.1 of this divi-
sion, and any unpaid fees or expenses that the board refers to the State
Board of Equalization for collection. The expenses that the State Board
of Equalization is required to collect pursuant to Water Code section
1537 shall be considered fees for purposes of the Fee Collection Proce-
dures Law, part 30 (commencing with secdon 55001 ) of division 2 of the
Revenue and Taxadon Code. On referral by the board, a person owing
a fee or expense that must be collected by the State Board of Equalization
is deemed to have registered with the State Board of Equalization for pur-
poses of the Fee Collecdon Procedures Law and entry into the State
Board of Equalization registration system.
(b) The board may request from a fee payer any additional information
necessary for the board to determine the appropriate fee or expense or for
the State Board of Equalization to collect the fee or expense pursuant to
the Fee Collecdon Procedures Law.
(c) For purposes of collecdon, the board shall provide the State Board
of Equalizadon with the name and address of the fee payer or the fee
payer's authorized representadve. The board may designate the person
from whom the State Board of Equalization shall collect the fee. The
State Board of Equalization's issuance of an assessment to a fee payer's
authorized representadve shall be deemed to be nodce to each fee payer.
(d) The State Board of Equalization may rely on the fee payer informa-
don provided by the board until the board nodfies the State Board of
Equalizadon of a change in the fee payer' s information. A fee payer shall
prompdy notify the board of any changes or corrections to the fee payer' s
identifying information. The board shall promptly nodfy the State Board
of Equalizadon of changes or corrections to the identifying information.
NOTK: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1525, 1535, 1536 and 1537, Water Code.
History
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1 530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
§ 1 076, Cancellation for Nonpayment of Fees.
The board may cancel an application, petition, or request fi)r release
from priority for failure to pay either a filing fee required under section
1062 or 1064 or an annual fee required under section 1063 or 1065 of this
chapter. Before canceling the application, petition, or request, the board
first shall nodfy the fee payer that nonpayment of the fee may result in
cancellation of the application, petition or request. If the fee payer does
not submit the required fee within 60 days after such notification, the
board may cancel the application, petition, or request.
NOTE: Authority cited: Sections 1058 and 1 530. Water Code. Reference: Sections
1270, 1271, 1525 and 1535, Water Code.
Page 78.7
Register 2005, No. 42; 10-21-2005
§1077
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1 . New section filed 1 2-23-2003 as an emergency: operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this ruleinaking action re-
mains in effect until revised by the State Water Resources Control Board.
§ 1077. Petition for Reconsideration.
(a) The board's determination that a person is required to pay a fee, or
determination regarding the amount of the fee, shall be subject to recon-
sideration under chapter 4 (commencing with Section 1 1 20) of part 1 of
division 2 of the Water Code. Any petition for reconsideration shall be
submitted by the fee payer in accordance with that chapter and article 1 2
(commencing with section 768) of chapter 2 of division 3 of this title. The
petition also shall specify why the petitioner believes that no fee is due
or how the petitioner believes that the amount of the fee has been miscal-
culated. A petition for reconsideration of a fee assessed by the State
Board of Equalization must include a copy of the notice of assessment.
(b) If the subject of a petition for reconsideration relates to an assess-
ment by the State Board of Equalization, the board's decision regarding
an annual fee shall be deemed adopted on the date of assessment by the
State Board of Equalization. A petition for reconsideration is timely filed
only if the board receives the petition within 30 days of the date the as-
sessment is issued.
(c) The State Board of Equalization shall not accept a petition for re-
consideration of the board' s determination that a person is required to pay
a fee, or the amount of the fee. If the State Board of Equalization receives
any petition for reconsideration, it shall promptly forward the petition to
the board.
NOTI-.: Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1120and 1537, Water Code.
History
1 . New section filed 1 2-23-2003 as an emergency; operative 1-1-2004 (Register
2003. No. 52). Pursuant to Water Code section 1530 this lailemaking action re-
mains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (a) and (b) and amendment of Note filed
10-14-2004 as an emergency; operative 10-14-2004 (Register 2004, No. 42).
Pursuant to Water Code section 1530, this rulemaking action remains in effect
until revised by the State Water Resources Control Board.
3. Amendment of subsection (b) filed 10-21-2005 as an emergency; operative
10-21-2005 (Register 2005, No. 42). Adopted by the State Water Resources
Control Board 9-22-2005; submitted to OAL for printing only on 1 0-1 1-2005
pursuant to Water Code sections 1 525 and 1 530, which provides that the regula-
tion shall be deemed an emergency, shall not be subject to OAL review, and
shall remain in effect until revised by the state board.
§ 1078. Objection to Determination of Expenses.
(a) In a proceeding under chapter 3 (commencing with section 2500)
of part 3 of division 2 of the Water Code, any objection to the board's
collection of a filing fee for proof of claim or of interim or partial pay-
ments pursuant to Water Code section 2865, shall be subject to reconsid-
eration under chapter 4 (commencing with Section 1 1 20) of part 1 of di-
vision 2 of the Water Code. Any petition by an aggrieved person to the
board for reconsideration shall be submitted in accordance with that
chapter and article 12 (commencing with section 768) of chapter 2 of di-
vision 3 of this title. The petition also shall specify why the petitioner be-
lieves that no fee is due or how the petitioner believes that the amount of
the fee has been miscalculated.
(b) Any objection to the final determination of expenses, or apportion-
ment thereof, made by the board and filed with the court shall be made
in accordance with the provisions of article 1 3 (commencing with Water
Code section 2850) of chapter 3 of part 3 of division 2 of the Water Code.
NoTE; Authority cited: Sections 1058 and 1530, Water Code. Reference: Sections
1 120, 1525 and 2850, Water Code.
History
1. New section filed 12-23-2003 as an emergency; operative 1-1-2004 (Register
2003, No. 52). Pursuant to Water Code section 1530 this rulemaking action re-
mains in effect until revised by the State Water Resources Control Board.
Chapter 6. Review by State Board of Action
or Failure to Act by Regional Board
§ 2050. Petition for Review by State Board.
(a) Any petition by an aggrieved person to the state boarc for review
under Water Code Section 1 3320(a) of an action or failure to act by a re-
gional board shall be submitted in writing and received by the state board
within 30 days of any action or failure to act by a regional board. The peti-
tion shall contain the following:
( 1 ) Name, address, telephone number and email address (if available)
of the petitioner.
(2) The specific action or inaction of the regional board which the state
board is requested to review and a copy of any order or resolution of the
regional board which is referred to in the petition, if available. If the order
or resolution of the regional board is not available, a statement shall be
included giving the reason(s) for not including the order or resolution.
(3) The date on which the regional board acted or refused i:o act or on
which the regional board was requested to act.
(4) A full and complete statement of the reasons the action or failure
to act was inappropriate or improper.
(5) The manner in which the petitioner is aggrieved.
(6) The specific action by the state or regional board which petitioner
requests.
(7) A statement of points and authorities in support of legal issues
raised in the petition, including citations to documents or the transcript
of the regional board hearing where appropriate.
(8) A statement that the petition has been sent to the appropriate re-
gional board and to the discharger, if not the petitioner.
(9) A statement that the substantive issues or objections reised in the
petition were raised before the regional board, or an explanation of why
the petitioner was not required or was unable to raise these substantive
issues or objections before the regional board.
(b) Service of a petition may be made by U.S. mail, by hand delivery,
by facsimile with hard copy to follow, or via e-mail by prior arrange-
ment. [In the case of service by facsimile, only the petition itself shall be
sent. All exhibits shall be included with the hard copy.] The petition must
be received by the state board no later than 5:00 p.m. 30 days following
the date of the action or inaction by the regional board, except that if the
thirtieth day following the date of the action or inaction falls on a Satur-
day, Sunday, or state holiday, the petition must be received by the state
board no later than 5:00 p.m. on the first business day following.
(c) If the action or inaction that is the subject of the petition was taken
by the regional board after notice and opportunity to comment, the peti-
tion to the state board shall be limited to those substantive issues or objec-
tions that were raised before the regional board.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1. Repealer of Subchapter 6 (§§2050 through 2053) and new Subchapter 6
(§§2050 through 2065) filed 8-30-72 as organizational and procedural; effec-
tive upon filing (Register 72, No. 36). For prior history, see Register 71, No. 3.
2. Repealer of Subchapter 6 (§§2050 through 2065) and new Subchapter 6
(§§2050 through 2065) filed 12-15-72; effective thirtieth day thereafter (Reg-
ister 72, No. 51).
3. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
4. Amendment filed 3-16-79 as an emergency; effective upon filing (Register 79,
No. 11).
5. Certificate of CompHance filed 7-13-79 (Register 79, No. 28). 6. y^vmendment
filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
6. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§ 2050.5. Complete Petitions; Responses; Time Limits.
(a) Upon receipt of a petiUon that complies with section 2050 the state
board may either dismiss the pefifion pursuant to section 2052, or may
provide written notification to the petitioner, informing the discharger (if
not the petitioner), the regional board, and other interested persons that
Page 78.8
Register 2005, No. 42; 13-21-2005
Title 23
State Water Resources Control Board
§ 2050.5
they shall have 30 days from the date of mailing such notification to file
a response to the petition with the state board. The regional board shall
file the administrative record within this 3()-day period, including a copy
of the tape recording of the regional board action, or a transcript, if avail-
able. Responses to petitions and any other submissions shall be served
concun"entIy upon the petitioner, the discharger (if not the petitioner) and
the regional board, by any method listed in section 2050(b). Any points
and authorities filed in response to the petition shall include citations to
documents or the transcript of the regional board hearing where appropri-
ate. The time for filing a response or the administrative record may be ex-
tended by the state board. Additional submissions will be allowed only
upon written request and at the discretion of the state board.
(b) Tlie state board shall review and act on the petition within 270 days
from the date of mailing the notification described in (a), unless a hearing
is held by the state board. If a hearing is held, the state board shall act on
the petition within 330 days from the date of mailing the notification de-
[The next page is 79.]
Page 78.9
Register 2005, No. 42; 10-21 -2005
Title 23
State Water Resources Control Board
§ 2053
scribed in (a), or within 1 20 days of the close of the hearing, whichever
is later. If formal disposition is not made by the state board within these
time limits the petition is deemed denied. These time limits may be ex-
tended for a period not to exceed 60 days with written agreement from
the petitioner. The time limits for formal disposition do not apply while
action on a petition is held in abeyance, as provided in section 2050.5(d).
(c) The state board may, on its motion, review a regional board' s action
or failure to act for any reason, including lack of formal disposition by
the state board within the time limits provided in (b).
(d) A petition may be held in abeyance at the request or with the agree-
ment of the petitioner.
(1 ) A request or agreement to hold a petition in abeyance must be in
writing and shall be provided to the state board, the regional board, and
the discharger, if not the petitioner.
(2) Petitions may be held in abeyance unless the regional board pro-
vides reasonable grounds for objection. For petitions challenging the as-
sessment of administrative civil liability or penalties, written agreement
from the regional board is required.
(3) The time limit for formal disposition shall be tolled during the time
a petition is held in abeyance, and shall recommence running when the
petition is removed from abeyance.
NOTF.; Authority cited: Section 1058, Water Code. Reference: Section 13320.
Water Code.
History
1 . New .section filed 3-1 6-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Amendment filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No.
50).
4. Amendment of section heading and section filed 9-23-2003; operative
10-23-2003 (Register 2003, No. 39).
§ 2050.6. Supplemental Evidence.
(a) If any person requests that the state board consider evidence not
previously provided to the regional board, that person shall provide a
statement that additional evidence is available that was not presented to
the regional board or that evidence was improperly excluded by the re-
gional board. Any request by a regional board to present additional evi-
dence shall comply with (a)(1) through (3).
( 1 ) The request to present additional evidence and all supporting argu-
ments shall be provided at the time the petition is filed, or as soon as the
evidence becomes available thereafter.
(2) The request to present additional evidence shall include a detailed
statement of the nature of the evidence and of the facts to be proved. If
the evidence was not presented to the regional board, the person request-
ing consideration of the evidence shall provide a detailed explanation of
the reasons why the evidence could not previously have been submitted.
If the person presenting the evidence contends that the evidence was im-
properly excluded, the request shall include a specific statement of the
manner in which the evidence was improperly excluded.
(3) If the state board, in its discretion, approves a request to present
additional evidence, the proponent must submit the evidence in writing
and must also provide it to the petitioner, the discharger (if not the peti-
tioner) and the regional board. The state board may prescribe a time Hmit
for submission of the additional evidence.
(b) The petitioner may request that the state board conduct a hearing
to consider testimony, other evidence, and argument. Such request shall
be supported by a summary of contentions to be addressed or evidence
to be introduced and a showing of why the contentions or evidence have
not been previously or adequately presented. A request to conduct a hear-
ing shall be submitted at the time the petition is filed or as soon as possible
thereafter.
NOTi:: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1. New section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§ 2051 . Defective Petitions.
(a) Upon receipt of a petition that does not comply with Section 2050,
the state board shall notify the petitioner of the manner in which the peti-
tion is defective and the time within which an amended petition may be
filed, unless the petition is dismissed pursuant to section 2052.
(b) If a properly amended petition is not received by the state board
within the time allowed, the pefifion shall be dismissed unless cause is
shown for an extension of time.
NoTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 29).
3. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§ 2052. Action on a Petition.
(a) The state board may:
( 1 ) At any time, refuse to review the action or failure to act of the re-
gional board if the petition fails to raise substantial issues that are appro-
priate for review, or
(2) After review of all or part of the regional board's records pertaining
to the matter, including the transcript of any hearing held by the regional
board:
(A) Deny the petition upon a finding that the action or failure to act of
the regional board was appropriate and proper or that the petition fails to
raise substanfial issues that are appropriate for review; or
(B) Set aside or modify the regional board order; or
(C) Direct the regional board to take appropriate action.
(b) The executive director may, on behalf of the state board, refuse to
review the action or failure to act of the regional board if the petition fails
to raise substantial issues that are appropriate for review. The execuUve
director's refusal to review a pefifion shall be in writing.
(c) Before taking final acfion, the state board may, in its discretion,
hold a hearing for the purpose of oral argument or receipt of additional
evidence or both.
(1) If a hearing is held, the state board shall give reasonable notice of
the time and place and of the issues to be considered to the petifioner, the
discharger (if not the pefifioner), the regional board, any interested per-
sons who have filed a response to the petifion pursuant to section 2050.5
and such other persons as the board deems appropriate.
(2) If a hearing is held, the state board in its discretion may require that
all interested parfies intending to parficipate shall submit to the state
board in writing the name of each witness who will appear, together with
a statement of the qualificafions of each expert witness, the subject of the
proposed tesfimony, and the esfimated time required by the witness to
present his direct testimony. The state board may also require that copies
of proposed exhibits be supplied to all parties and to the state board.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. New subsection (c) filed 6-26-75; effective thirtieth day thereafter ( Register 75,
No. 26.
3. Amendment of subsection (b) and new subsection (d) filed 3-16-79 as an emer-
gency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
5. Amendment of section heading and section filed 9-23-2003; operative
10-23-2003 (Register 2003, No. 39).
§2052.1. Intervention.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New section filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. Repealer filed 3-16-79 as an emergency; effective upon filing (Register 79, No.
11).
3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
§ 2053. Stay Orders.
(a) A stay of the effect of an acfion of a regional board shall be granted
only if petifioner alleges facts and produces proof of all of the following:
Page 79
Register 2007, No. 36; 9-7-2007
§2054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
( 1 ) substantial harm to petitioner or to the public interest if a stay is not
granted,
(2) a lack of substantial harm to other interested persons and to the pub-
lic interest if a stay is granted, and
(3) substantial questions of fact or law regarding the disputed action.
A petition for a stay shall be supported by a declaration under penalty
of perjury of a person or persons having knowledge of the facts alleged.
(b) Upon a documented showing by petitioner that the request com-
plies with the prerequisites for a stay, the state board shall issue a notice
to all interested persons that a stay is being considered.
( 1 ) The state board must hold a hearing prior to issuing a stay if re-
quested by any of the following: the petitioner, the discharger (if not the
petitioner), the regional board, any person designated as a party by the
regional board, or any person designated pursuant to subparagraph (2).
A hearing may be held by the state board or a member of the state board.
(2) Any interested person may request that the board designate him or
her as a party consistent with section 648. 1 , subdivision (a). The request
shall include a statement explaining the basis for requesting designated
party status, including why the petitioner, discharger (if not the petition-
er), regional board, or any other designated party does not adequately
represent the person's interests.
(3) If a hearing is held, notice shall be given in such manner and to such
persons, in addition to the petitioner, as the board deems appropriate.
(4) A request for a stay may be denied without a hearing.
(5) If no hearing is held, the state board may issue a stay only after pro-
viding all interested persons with notice and an opportunity to comment
on the request for stay.
(c) Nothing in subsection (a) shall preclude the state board from issu-
ing a stay of the effect of an action of a regional board, upon its own mo-
tion. The requirement of a declaration under penalty of perjury may be
waived by the board in case of an emergency.
(d) The state board shall review and act on the request for a stay within
60 days from the date of mailing the notification described in section
2050.5(a). This limit may be extended by written agreement from the pe-
titioner.
NOTE: Authority cited: Section 1 058, Water Code. Reference: Sections 1 3320 and
13321, Water Code.
History
1 . Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. Amendment of format and new NOTE filed 3-1 6-79 as an emergency ; effective
upon filing (Register 79, No. 1 1).
3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
4. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
5. Amendment of section and Note filed 9-4-2007; operative 10-4-2007 (Regis-
ter 2007, No. 36).
§ 2054. Consolidation of Proceedings.
The board may order two or more proceedings which are legally or
factually related to be considered or heard together unless any party
thereto makes a sufficient showing of prejudice.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
§ 2055. Notice of Review.
When a review is undertaken on the board's own motion, all affected
persons known to the board shall be notified and given an opportunity to
submit information and comments, subject to such conditions as the
board may prescribe.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secfion 13320,
Water Code.
History
1. New NOTE filed 3-16-79 as an emergency; effecdve upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
§ 2056. Subpoenas.
NOTE: Authority cited: Section 1058. Water Code. Reference: Section 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filing ^Resister 79,
No. II).
2. Certificate of Compliance filed 7-1.3-79 (Register 79. No. 28).
3. Repealer filed 1 2-7-81; effective thirtieth day thereafter (Registet 81, No. 50).
§ 2057. Conduct of Hearing.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filine ( Reeister 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No. 50).
§ 2058. Additional Parties.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sec:tion 13320,
Water Code.
History
1 . New NOTE filed 3-1 6-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 1 2-7-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 50).
§ 2059. Evidence Rules.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filine (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 1 2-7-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 50).
§ 2059.1 . Review of Septic Tank Prohibitions.
Whenever the board reviews waste discharge requirement.'; which in-
clude a determination that the discharge of waste from existing or new
individual disposal systems or from community collection ar d disposal
systems which utilize subsurface disposal shall not be permitted, evi-
dence of alternatives shall be considered by he board as provided in Sub-
chapter 9.1, Article 2 of this chapter.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Secfion 13283,
Water Code.
History
1 . New section filed 1 1-21-78; effective thirtieth day thereafter (Register 78, No.
47).
§ 2060. Official Notice.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filing (l^egister 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No. 50).
§ 2061 . Order of Testimony.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Section 13320,
Water Code.
History
1. New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No. 50).
§ 2062. Cross-Examination.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Sec:ion 13320,
Water Code.
History
1 . New NOTE filed 3-16-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
3. Repealer filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No. 50).
§ 2063. Oral Argument.
Note: Authority cited: Section 1058, Water Code. Reference: Sec ion 13320,
Water Code.
Page 80
Register 2007, No. 36; 9-7-2007
Title 23 State Water Resources Control Board §2064
History be based on that evidence and testimony in the record of the hearing.
1 . New NOTK filed 3-1 6-79 as an emergeney ; effective upon filing (Register 79, When no hearing is held, the decision of the state board will be based on
_ „"■ .^ " f„ ,. f-, J-, ,-, ^o /n •. -rn TVT '^o^ tlic record bcforc thc regional board. Exceot that in clthcr casc thc rccord
2. Certificate of Compliance filed 7-13-79 (Register 79. No. 28). , , ^° , • . , ■
3. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50). "^^^ ^e supplemented by any other evidence and testimony accepted by
s onfiA R H ^^^ ^^^^^ board pursuant to Section 2050.6. Upon the close of a hearing.
When a state board hearing is held the decision of the state board will
[The next page is 81.]
Page 80.1 Register 2007, No. 36; 9-7-2007
Title 23
State Water Resources Control Board
§ 2200
•
Ihc presiding officer may keep the hearing record open for a definite time,
not to exceed thirty days, to allow any party to file additional exhibits,
reports or affidavits.
NOTH: Authority cited: Section 1058, Water Code. Rclerence: Section 13320,
Water Code.
History
1. Amendment filed 9-1-77 as procedural and organizational; effective upon fil-
ing (Register 77, No. 36).
2. Amendment filed 3-16-79 as an emergency; effective upon filing (Register 79,
No. 11).
3. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
4. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§ 2065. Informal Disposition.
Informal disposition may be made of any petition by stipulation,
agreed settlement, consent or default. However, any such disposition will
not become effective until acted upon by the state board in a public meet-
ing.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
§ 2066. Workshop Meeting.
(a) The state board may discuss a proposed order in response to a peti-
tion for review of an action of a regional water quality control board in
a public workshop meeting prior to formal action at a board meeting.
Comments may be submitted in writing prior to the workshop meeting.
At the workshop meeting, the state board may invite comments on the
proposed order from interested persons. All comments shall be based
solely upon evidence contained in the record or upon legal argument.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New section filed 9-1-77 as procedural and organizational; effective upon fil-
ing (Register 77, No. 36).
2. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§ 2067. Formal Disposition.
Unless denied by the executive director pursuant to section 2052(b),
formal disposition by the state board of any pending petition will be taken
at a regularly or specially scheduled board meeting. At the meeting the
board may invite comments on the matter from interested persons. These
comments shall be based solely upon evidence contained in the record or
legal argument.
No new evidence shall be submitted at the state board meeting. Written
arguments submitted after the workshop meeting shall be limited to revi-
sions to the proposed order that was considered by the state board at the
workshop meeting. Such written arguments shall be filed at least two
working days prior to the state board meeting, unless otherwise specified
by the state board.
NOTE; Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1. New section filed 9-1-77 as procedural and organizational; effective upon fil-
ing (Register 77, No. 36).
2. Amendment filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
§ 2068. Notice of Right to Petition.
Each regional board shall inform persons attending each of its business
meetings of the right to petition the state board to review an action or in-
action of the regional board and of the availability of copies of the state
board's regulations regarding such petitions. This announcement may be
made orally or by printing in the regional board's agenda or both.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13320,
Water Code.
History
1 . New section filed 7-1 3-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 28).
Chapter 7. Clean Water Grant Program
NOTE: Authority cited: Sections 1058, 13962(g), 13976(h), 13991(g), Water
Code. Reference: Chapter 12.5 (commencing with Section 13955), Chapter 13
(commencing with Section 13970), Chapter 14 (commencing with Section
13985), Division 7, Water Code.
History
1. Repealer of Subchapter 7 (Articles 1-12, Sections 2100-2156) and new Sub-
chapter 7 (Articles 1-1 3, Sections 2 100-2 158) filed 6-24-77; effective thirtieth
day thereafter (Register 77, No. 26).
2. Repealer of Subchapter 7 (Articles 1-13, Sections 2100-2158) and new Sub-
chapter 7 (Articles 1-10, Sections 2 100-2 137) filed 7-1 8-79; effective thirtieth
day thereafter (Register 79, No. 29). For prior history, see Registers 77, No. 32,
77. No. 43, 78, No. 18 and 78, No. 31.
3. Repealer of Subchapter 7 (Articles 1-10, Sections 2100-2137) filed 1 12-81;
effective thirtieth day thereafter (Register 81 , No. 45). See Chapter 4, Subchapt-
er 13, Sections 3610-3663.
Chapter 8. Other Federal Grant Programs
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13600,
Water Code.
History
1. New Subchapter 8 (§§2190, 219K 2192) filed 1 1-10-71 ;effective thirtieth day
thereafter (Register 71, No. 46). For history of former Subchapter, see Register
71, No. 27.
2. Amendment filed 4-3-74 as procedural and organizational; effective upon fil-
ing (Reaister 74, No. 14).
3. Repealer of Subchapter 8 (Article 1, Sections 2190-2192) filed 8-6-81; effec-
tive thulieth day thereafter (Register 81, No. 32).
Chapter 9. Waste Discharge Reports and
Requirements
Article 1 . Fees
§ 2200. Annual Fee Schedules.
Each person for whom waste discharge requirements have been pre-
scribed pursuant to section 13263 of the Water Code shall submit, to the
State Board, an annual fee in accordance with the following schedules.
The fee shall be submitted for each waste discharge requirement order
issued to that person.
An ambient water monitoring surcharge will be added to each individ-
ual fee as required. The ambient water monitoring surcharge for all dis-
charges pursuant to subdivisions (a) and (c) is 9% of the calculated fee;
the surcharge for all discharges pursuant to subdivision (b) is 18.5% of
the calculated fee. The surcharge shall be applied to all permits prior to
other surcharges prescribed herein.
(a) The annual fees for persons issued waste discharge requirements
(WDRs), except as provided in subdivisions (a)(3), (b), and (c), shall be
based on the discharge's threat and complexity rating according to the
following fee schedule, plus applicable surcharge(s).
Annual Fee Schedule for Waste Discharge Requirements
Threat to Water
Complexitx
(CPLX) '
Type (ifDisi
■liari>e
Qualm
Discharge to Ixiiul
Land
(TTWQ)
or Surface Waters^
Disposal-
1
A
$41,800
$26,000-^
1
B
$26,400
$21,000
1
C
$14,245
$13,500
2
A
$9,515
$11,2.50
2
B
$5,720
$9,000
2
C
$4,290
$6,750
3
A
$3,380
$4,500
3
B
$1,800
$3,375
3
C
$800
$1,500
(1) Threat to water quality TTWQ and complexity CPLX of the dis-
charge is assigned by the Regional Board in accordance with the follow-
ing definitions:
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§2200
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Threat to Water Quality
Category "' 1" — Those discharges of waste that could cause the long-
term loss of a designated beneficial use of the receiving water. Examples
o\' long-term loss of a beneficial use include the loss of drinking water
supply, the closure of an area used for water contact recreation, or the
posting of an area used for spawning or growth of aquatic resources, in-
cluding shellfish and migratory fish.
Category "2" — Those discharges of waste that could impair the des-
ignated beneficial uses of the receiving water, cause short-term viola-
tions of water quality objectives, cause secondary drinking water stan-
dards to be violated, or cause a nuisance.
Category "3" — Those discharges of waste that could degrade water
quality without violating water quality objectives, or could cause a minor
impairment of designated beneficial uses as compared with Category 1
and Category 2.
Complexity
Category "A" — Any discharge of toxic wastes, any small volume dis-
charge containing toxic waste or having numerous discharge points or
ground water monitoring, or any Class 1 waste management unit.
Category "B" — Any discharger not included above that has physical,
chemical, or biological treatment systems (except for septic systems with
subsurface disposal), or any Class 2 or Class 3 waste management units.
Category "C" — Any discharge for which waste discharge require-
ments have been prescribed pursuant to Section 13263 of the Water Code
not included as a Category "A" or Category "B" as described above. In-
cluded would be discharges having no waste treatment systems or that
must comply with best management practices, discharges having passive
treatment and disposal systems, or dischargers having waste storage sys-
tems with land disposal.
(2) For dischargers covered under Statewide General WDRs for Sani-
tary Sewer Systems (Water Quality Order No. 2006-0003), the TTWQ
and CPLX designations are assigned based on the population served by
the sanitary sewer system. The table below describes the correlation be-
tween population served and TTWQ and CPLX designations to deter-
mine the appropriate annual fee:
Population Sei-ved^ Threat and Complexity Desigtiation
Less than 50,000
-50,000 or more
3C
2C
(3) The fees for discharges of dredge and fill material shall be as fol-
lows, not to exceed $40,000, plus applicable surcharge(s)^.
Type of Discharge
(A) Fill & Excavation^ Discharges.
Size of the discharge area expressed in acres to
two decimals (0.01 acre) (436 square feet) rounded up.
(B ) Dredging Discharges^
Dredge volume expressed in cubic yards.
(C) Dredging Discharges (Sand Mining).
Aggregate extraction in marine waters where
source material is free of pollutants and the dredging
operation will not violate any basin plan provisions.
(D) Channel and Shoreline Discharges
Includes linear discharges to drainage features and
shorelines, e.g., bank stabilization, revetment and
channelization projects.
(Note): The fee for channel and shoreline linear
discharges will be assessed under the "Fill and
Excavation" or "Channel and Shoreline" schedules,
whichever results in the higher fee.
(E) Discharges to Non-federal (e.g. "Isolated") Waters.
Discharges to waters or portions of waterbodies
not regulated as "waters of the United States," including
waters determined to be "isolated" pursuant to the
findings of Solid Waste Agency of Northern Cook
County V. U.S. Army Corps of Engineers (2001) 121 S.
Ct. 675.
Fees
$500 Base Price +
(Discharge area in
acresx $2150)
$500 Base Price +
(Dredge volume in
cubic yards x $0.08)
$500 Base Price +
(Discharge length in
feet X $5.00)
Double the
applicable fee
schedules except
for (G) restoration
projects
Type of Discharge
(F) Low Impact Dischaiges.
Projects may be classified as low impact discharges if
they meet all of the following criteria:
1 . The discharge size is less than all of the following:
(a) for fill, 0.1. acre, and 200 linear feet, and (b) for
dredging, 25 cubic yards.
2. The discharger demonstrates that: (a) all practicable
measures will be taken to avoid impacts: (b) where
unavoidable temporary impacts take place, waters and
vegetation will be restored to pre-prqject conditions as
quickly as practicable; and (c) where unavoidable
permanent impacts take place, there will be no net loss
of wetland, riparian area, or headwater functions,
including onsite habitat, habitat connectivity, floodwater
retention, and pollutant removal.
3. The discharge will not do any of the following:
(a) directly or indirectly destabilize a bed of a receiving
water; (b) contribute to significant cumulative effects;
(c) cause pollution, contamination, or nuisance;
(d) adversely affect candidate, threatened, or endangered
species; (e) degrade water quality or beneficial uses;
(f) be toxic; or (g) include "hazardous" or "designated"
material.
4. Discharge is to be a waterbody regulated as "Waters
of the United States."
(G) Restoration Projects.
Projects undertaken for the sole
purpose of restoring or enhancing the beneficial uses
of water. This schedule does not apply to projects
required under a regulatory mandate or to projects
that include a non-restorative component, e.g., land
development, property protection, or fiood
management.
(H) General Orders.
Projects which are required to submit notification of a
proposed discharge to the State and/or Regional Board
pursuant to a general water quality certification
permitting discharges authorized by a federal
general permit or license, (e.g., a U.S. Army Corps
of Engineers nationwide permit).
Applies OIVLY if general water quality certification
was previously granted.
(I) Amended Orders
Amendments of WDRs or water quality certifications
previously issued for one-time discharges not
subject to annul billings.
(a) Minor project changes, not requiring technical
analysis and involving only minimal processing
time.
(b) Changes to projects eligible for flat fees (fee
categories C, F, G and H) where technical analysis
is needed to assure continuing eligibility for flat fee
and that beneficial uses are still protected.
(c) Project changes not involving an increased
discharge amount, but requiring some technical
analysis to assure that beneficial uses are still protected
and that original conditions arc still valid, or need to
be modified.
(d) Project changes involving an increase discharge
amount and requiring some technical analysis to
assure that beneficial uses are still protected and
that original conditions are still valid, or need to
be modified.
(e) Major project changes requiring an essentially
new analysis and re-issuance of WDR's or water
quality certification.
Fees
$500 Flat Fee.
$500 Flat Fee
$60 Flat 1-ee
(a) No fe(; required
(b) Appropriate flat
fee
(c) $500 flat fee
(d) Additional fee
assessed per
increased amount of
discharge(s) per
Section 2200(a)(3)
(plus $500 base
price).
(e) New lee assessed
per Section
2200(a)(3).
(b) The annual fees for persons issued NPDES permits, except as pro-
vided in subdivision (c), shall be based on the following schedules, plus
applicable surcharge(s).
( 1 ) Each public entity that owns and/or operates a storm water convey-
ance system, or part of such a system, that is subject to a NPDES permit
for storm water discharges from a municipal separate storm sewer system
(MS4) shall pay an annual fee according to the following schedule, plus
•
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Title 23
State Water Resources Control Board
§ 2200
applicable surcharge(s). The fee shall be based on the population of the
public entity according to the most recently published United States Cen-
sus. For public entities other than cities or counties, the population figure
shall be the number of people using the entity's facilities on a daily basis.
Mood control districts or other special districts named as co-permittees
to MS4 permits and school districts, serving students between kindergar-
ten and fourteenth grade, shall not pay an annual fee if the city or county
within whose jurisdiction the district lies, pays an annual fee.
Annual Fee Schedule for Areawkle Municipal Storm Water Sewer
System Permits and Co-Permittees
Population equal to or greater than 250,000
Population between 200,000 and 249,999
Population between 150,000 and 199,999
Population between 100.000 and 149,999
Population between 75,000 and 99,999
Population between 50,000 and 74,999
Population between 25,000 and 49,999
Population between 10,000 and 24,999
Population between 1,000 and 9,999
Less than 1 .000 population
Statewide Permit Holders
$25,000
$21,875
$18,875
$15,625
$12,500
$ 9,375
$ 6,250
$ 3,750
$ 2,500
$ 1,250
$100,000
(2)( A) Facilities that discharge storm water associated with industrial
activities that are regulated by a State Board or Regional Board general
NPDES storm water permit shall pay an annual fee of $700, plus applica-
ble surcharge(s). An amount equal to the fee prescribed shall be sub-
mitted with the discharger's Notice of Intent (NOI) to be regulated under
a general NPDES permit and will serve as the first annual fee. For the pur-
poses of this section, an NOI is considered to be a report of waste dis-
charge.
Storm water industrial permit holders who have filed a complete
Annual Report electronically prior to July 1 st for fiscal years 2006-07,
2007-08 and 2008-09 shall receive a credit of $100 for each of those
same fiscal years.
(B) Facilities that satisfy the conditions of a State Board certified Qual-
ity Assurance Program, adopted as part of a general NPDES storm water
permit or by special resolution of the State Board, may receive up to a 50
percent fee reduction.
(3) Storm water discharges associated with construction activities that
are regulated by a general NPDES storm water permit other than those
covered under (b)(4), including those issued by a Regional Board, shall
pay an annual fee of $200 plus $20 per acre (rounded to the nearest whole
acre and dollar amount), to a maximum fee of $2,200, plus any applicable
surcharge, based on the total acreage to be disturbed during the life of the
project as listed on the NOI. An amount equal to the fee prescribed shall
be submitted with the discharger's NOI to be regulated under a general
NPDES permit and will serve as the first annual fee. For the purposes of
this section, an NOI is considered to be a report of waste discharge.
(4) Storm water discharges associated with small linear underground
and overhead construction projects, that include but are not limited to,
any conveyance, pipe or pipeline for the distribution of any gaseous liq-
uid (including water for domestic municipal services or wastewater), li-
quescent, or slurry substance; any cable line or wire for the transmission
of electrical energy; and any cable line or wire for communications, that
are regulated by a general NPDES storm water permit are subject to the
following annual fees, plus applicable surcharge(s):
Tier 1 — $5,000 for each region in which acfivities subject to the per-
mit are conducted, or
Tier 2 — A fee as prescribed by (b)(3), based on the area covered by
the project.
(5) Discharges associated with mosquito and vector control activities
that are regulated by an individual or general NPDES permit adopted ex-
clusively for these purposes, including those issued by a Regional Board,
shall pay a fee of $100. A mosquito and vector control activity involves
discharge of pesticides into a designated area for the maintenance and
control of mosquito larva for the protection of public health from the out-
break of lethal diseases. A mosquito and vector control agency dis-
charges pesticides into surface waters for the control of mosquito larva.
Dischargers filing an application for a mosquito and vector control per-
mit shall pay a fee of $ 1 00. The fee shall be paid each time an application
for initial certification or renewal is submitted. Mosquito and vector con-
trol fees are not subject to ambient water monitoring surcharges.
(6) All NPDES permitted discharges with permitted fiows of less than
100 million gallons per day (mgd), except as provided in (b)(7), (b)(H),
(b)(9), and (c), shall pay a fee according to the following formula:
Fee = $1,000 plus 3418 multiplied by the permitted fiow, in mgd, to
the maximum plus any applicable surcharge(s).
If there is no permitted effluent flow specified, the fee shall be based
on the design flow of the facility.
The maximum fee for NPDES permitted industrial discharges^ is
$35,000, plus any applicable surcharge(s). NPDES permitted industrial
discharges with a threat/complexity*^ rating of lA. IB, or IC arc subject
to a surcharge as follows:
Threat/Complexity Rafing lA — $15,000
Threat/Complexity Rafing IB — $10,000
Threat/Complexity Rating IC — $5,000
The maximum fee for NPDES permitted public wastewater treatment
facilifies is $50,000, plus applicable surcharge(s). Public wastewater
treatment facilities with approved pretreatment programs are subjeci to
a surcharge of $10,000. Agencies with multiple facilities under one ap-
proved pretreatment program shall pay a $ 1 0,000 surcharge per program.
(7) All NPDES discharges with permitted flows of 1 00 mgd or greater
shall pay a fee of $100,000, plus applicable surcharges. The fee shall be
based on permitted effluent flow specified in the discharge permit, except
as provided in (b)(8) and (b)(9). NPDES permitted industrial discharges
with a threat/complexity rafing of 1 A. 1 B, or 1 C are subject to a surcharge
as specified in (b)(6). If there is no permitted effluent flow specified, the
fee shall be based on the design flow of the facility.
(8)(A) Flow for wet weather municipal facilities will be based on the
previous five years actual monthly average flow, as of the date the permit
is issued. Wet weather municipal facilities are intermittently operated fa-
cilifies that are designed specifically to handle flows during wet weather
conditions. The actual monthly average flow is defined as the average of
the flows during each of the months that the discharge occurred during
the previous five-year period.
(B) Notwithstanding paragraph 1. the minimum annual fee for wet
weather municipal facilities shall be $20,000.
(9) All other general NPDES permits and de minimis discharges that
are regulated by an individual or general NPDES permit, including those
issued by a Regional Board, shall pay a fee as follows, plus applicable
surcharge(s):
Category 1 — Discharges that require treatment systems to meet prior-
ity toxic pollutant limits and that could impair beneficial uses if limits are
violated: $4,800.
Category 2 — Discharges that require treatment systems to meet non-
priority pollutant limits, but are not expected to impair beneficial uses if
limits are violated. Examples of non-priority pollutants include, but are
not limited to, nutrients, inorganic compounds, pH, and temperature:
$2,900.
Category 3 — Discharges that require minimal or no treatment sys-
tems to meet limits and pose no significant threat to water quality:
$1,000.
De minimis discharge acfivifies include the following: aquaculture ac-
fivities (as defined in Chapter 40, Secfion 122.25(b) of the Code of Feder-
al Regulations) defined as managed water areas that use discharges of
pollutants into that designated area for maintenance or reproduction of
harvestable freshwater, estuarine, or marine plants or animals including
fish hatcheries; geothermal facilities that ufilize, extract, or produce ener-
gy from geothermal fluids for heating, generafing power, or other benefi-
cial uses, and discharge geothermal fluids to surface waters; aquatic pes-
ficide applicafions; evaporative condensate; swimming and landscape
pool drainage; discharges from fire hydrant testing or flushing: dis-
charges resulfing from construcfion dewatering; discharges associated
with supply well installation, development, test pumping, and purging;
discharges resulting from the maintenance of uncontaminated water sup-
ply wells, pipelines, tanks, etc.; discharges resulting from hydrostatic
Page 83
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§2200
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
testing of water supply vessels, pipelines, tanks, etc.; discharges resulting
from the disinfection of water supply pipelines, tanks, reservoirs, etc.;
discharges from water supply systems resulting from system failures,
pressure releases, etc.; discharges of non-contact cooling water, not in-
cluding steam/electric power plants; discharges resulting from diverted
stream flows; water treatment plant discharges; and other similar types
of wastes that have low pollutant concentrations and are not likely to
cause or have a reasonable potential to cause or contribute to an adverse
impact on the beneficial uses of receiving waters yet technically must be
regulated under an NPDES permit.
(c) The annual fees for discharges from confined animal facilities shall
be based on the following schedules, plus applicable surcharge(s).
FEEDLOTS
TYPE OF FA CILITY FEE
Cattle or cow/calf pairs
Number of animals
100,000 or more
10,000 to 99,999
5,000 to 9,999
1,000 to 4,999
Less than 1,000
10,000 or more
5,000 to 9,999
1,000 to 4,999
300 to 999
Less than 300
10,000 or more
5,000 to 9,999
1,000 to 4,999
300 to 999
Less than 300
Calves
Heifers (not at a dairy)
1 ,000 or more
300 to 999
Less than 300
Finishing Yards/Auction Yards
DAIRIES
TYPE OF FACILITY
Mature dairy cattle
S3.000
$1,500
$800
$400
$200
$3,000
$1,500
$800
S400
$200
$3,000
$1,500
$800
$400
$200
$800
$400
$200
Number of animals
3.000 or more
1,500 to 2,999
700 to 1,499
300 to 699
Less than 300
1,000 or more
Less than 1,000
5,000 or more
2.500 to 4,999
750 to 2,499
Less than 750
20,000 or more
10,000 to 19,999
3,000 to 9,999
Less than 3,000
500 or more
150 to 499
Less than 150
10,000 or more
3,000 to 9,999
Less than 3,000
Goat Dairies
HOGS
Swine (> 55 pounds)
Swine (< 55 pounds)
OTHER
Horses
Sheep or Lambs
FEE
$4,000
$2,500
$1,200
$600
$300
$400
$200
$1,500
$800
$400
$200
$1,500
$800
$400
$200
$800
$400
$200
$800
$400
$200
POULTRY
Number of Animals On-Site Discharge Fee Off-Site Discharge Fee
Layers or Broilers (liquid manure system)
120,000 or more $2,000 S700
60,000 to 119,999 $1,000 $500
30,000 to 59,999 $750 $350
9.000 to 29,999 $400 $200
Less than 9,000 $200 $0
Non—la\ers (other than liquid manure system)
500.000 of more ' $2,000 ' $700
250.000 to 499.999 $1,000 $500
125.000 to 249.999 $7.50 $350
37,500 to 124.999 $400 $200
Less than 37.500 $200 $0
Layers (other than liquid manure system)
350.000 or more ' $2,000 S700
165.000 to 349.999 $1,000 S500
82,000 to 164.999 $750 $350
25.000 to 81.999 $400 $200
Less than 25,000 $200 $0
Ducks (other than liquid manure system)
$700
S500
$350
$200
$0
20,000 or more
5,000 to 19,999
1,500 to 4,999
Le.ssthan 1.500
200.000 or more
100,000 to 199,999
55,000 to 99,999
16.500 to 54.999
Less than 16.500
$700
$500
$350
$200
$0
120.000 or more $2,000
60.000 to 119.999 $1,000
30.000 to 59.999 $750
10.000 to 29,999 $400
Less than 10,000 $200
Ducks (liquid manure system)
$1,000
$750
$400
$200
Turkeys
$2,000
$1,000
$750
$400
$200
( 1 ) Facilities that are certified under a quality assurance program ap-
proved by the State Board or under a County regulatory program ap-
proved by the appropriate Regional Board, will receive a 50 percent fee
reduction. Any facility that is issued a notice of violation by a regional
board for an off-property discharge shall not be eligible to receive this
fee reduction for a minimum of one billing cycle, and for all subsequent
billing cycles until recertification and all corrective actions are complete
as determined by the Regional Board.
(2) Facilities that pose no potential to discharge, as determined by a
Regional Board, shall pay a fee of $200. The fee shall be paid each time
an application for initial certification or renewal is submitted and shall
not be subject to ambient water monitoring surcharges.
(3) Facilities that are required to submit a report of waste discharge
(ROWD) while the facility is under construction and remains so subse-
quent to the billing cycle will have the annual fee waived until tne facility
is in operation and animals are present at the facility.
(4) Facility closures that are required to maintain a permit until all re-
quirements are met shall continue to be assessed a fee based at the same
rate as when the facility was in operation.
1 For this table, discharges to land or surface waters are those discharges of waste
to land or surface waters not covered by NPDES permits that are regulated pur-
suant to Water Code Section 1 3263 that do not implement the requirements of Title
27 of the California Code of Regulations (CCR). Examples include, but are not
limited to, wastewater treatment plants, erosion control projects, and septic tank
systems. It does not include dischaige of dredge or fill material or discharge from
animal feeding operations.
WDRs for municipal and domestic discharges with permitted flows of less than
50,000 gallons per day in categories 2-B, 2-C, 3-B and 3-C will receive a 50%
fee discount. The design flow shall be used where no permitted flow is present.
Municipal and domestic discharges receiving the discount are defined as dis-
charges from facilities that treat domestic wastewater or a mixture of wastewater
that is predominantly domestic wastewater. Domestic wastewater consists of
wastes from bathroom toilets, showers, and sinks from residential kitchens and
residential clothes washing. It does not include discharges from food preparation
and dish washing in restaurants or from commercial laundromats.
2 For this table, land disposal discharges are those discharges of waste to land that
are regulated pursuant to Water Code Section 13263 that implement the require-
ments of CCR Title 27. Examples include, but are not limited to, active and closed
landfills and surface impoundments.
3 A surcharge of $12,000 will be added for Class 1 Landfills. Class I lajidfills are
those that, during the time they are. or were, in operation, are so classified by the
RWQCB under 23 CCR Chapter 15, have WDRs that allow (or, for closed units,
allowed) them to receive hazardous waste, and have a permit issued by the Depart-
ment of Toxic Substance Control under 22 CCR Chapter 10. §66270.1 et seq.
■* Assumes 2.5 persons per equivalent dwelling unit (EDU).
5 i. For "excavation" the area of the discharge is the area of excavation, if the exca-
vated material is then discharged to waters, an additional "fill" fee will be assessed.
ii. When a single project includes multiple discharges within a single dredge and
fill fee category, the fee for that category shall be assessed based on the :ot£d area.
Page 84
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Title 23
State Water Resources Control Board
§ 2200.4
volume, or length of discharge (as applicable) of the multiple discharges. When
a single project includes discharges that are assessed under multiple fee categories,
the total fee shall be the sum of the fees assessed under each applicable fee catego-
ry; ht)\\ever a $500 base fee, if required, shall be charged only once.
iii. Fees shall be based on the largest discharge size specified in the original or re-
\ ised report of waste discharge or Clean Water Act (CWA) section 401 waterqual-
ity certification application, or as reduced by the applicant without any State Board
or Regional Board intervention.
iv. If water quality certification is issued in conjunction with dredge or fill WDRs
or is issued for a discharge regulated under such preexisting WDRs, the cuiTent
annual WDR fee as derived from this dredge and fill fee schedule shall be paid in
advance duiing the application for water quality certification, and shall comprise
the fee for water quality certification.
v. Discharges requiring water quality certificaUon and regulated under a federal
permit orlicense other than a US Army Corps of Engineers CWA section 404 per-
mit or a Federal Energy Regulatory Commission License shall be assessed a fee
determined from CCR 23, Section 2200(a).
^ '"Excavation" refers to moving sediment or soil in shallow waters or under no-
flow conditions where impacts to beneficial uses are best described by the area of
the discharge. It typically is done for purposes other than navigation. Examples in-
clude trenching for utility lines, other earthwork preliminary to construction, and
removing sediment to increase channel capacity.
■^ "Dredging" generally refers to removing sediment in deeper water to increase
depth. The impacts to beneficial uses are best described by the volume of the dis-
charge and typically occur to facilitate navigation. For fee purposes it also includes
aggregate extraction within stream channels where the substrate is composed of
course sediment (e.g., gravel) and is reshaped by normal winter flows (e.g., point
bars), where natural flood disturbance precludes establishment of significant
riparian vegetation, and where extraction timing, location and volume will not
cause changes in channel structure (except as required by regulatory agencies for
habitat improvement) or impair the ability of the channel to support beneficial
uses.
^ NPDES permitted industrial discharger(s) means those industries identified in
the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as
amended and supplemented, under the category "Division D — Manufacturing"
and such other classes of significant waste producers as, by regulation, the U.S.
EPA Administrator deems appropriate. (33 USC See. 1362).
^ Threat/complexity categories are listed under (a)(1) of this document.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13260, Water Code.
History
1 . New subchapter 9 (sections 2200, 2205 through 2207 and 2210) filed 1 2-5-69;
effective thirtieth day thereafter (Register 69, No. 49).
2. Amendment filed 7-2-71; effective thirtieth day thereafter (Register 71, No.
27).
3. Editorial correction (Register 72, No. 41).
4. Amendment filed 5-22-74; effective thirtieth day thereafter (Register 74, No.
21).
5. Amendment filed 10-31-74; effective thirtieth day thereafter (Register 74, No.
44).
6. Amendment filed 1-24—75 as procedural and organizational: effective upon fil-
ing (Register 75, No. 4).
7. Amendment filed 12-7-76; effecfive thirtieth day thereafter (Register 76, No.
50).
8. Amendment filed 4—1 6-82; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 82, No. 16).
9. Repealer and new section filed 2-25-88; operative 2-25-88 (Register 88, No.
10).
10. Repealer and new section filed 8-1-90 as an emergency; operative 8-1-90.
Submitted to OAL for printing only pursuant to Water Code section 13260
(Register 90, No. 39).
11. Amendment filed 12-16-91 as an emergency; operative 12-16-91. Text re-
mains in effect uninterrupted pursuant to Water Code section 1 3260 (Register
92, No. 12).
12. Editorial correction of printing errors in History 1 1 (Register 92, No. 43).
13. Amendment of subsection (a)( 1 ) and NoTi-. filed 2-1 8-94 as an emergency ; op-
erative 2-18-94. Certificate of Compliance filed concurrently. Exempt from
OAL review pursuant to Water Code secfion 13260 (Register 94, No. 7).
14. Editorial correction of subsection (a)(1) (Register 94, No. 7).
15. Amendment of section and Note, including renumbering of former subsec-
tions (c), (d), (g) and (h) to new sections 22(X).l, 2200.2, 2200.3, and 2200.4,
respectively, filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
16. Repealer and new sccdon filed 10-29-2002 as an emergency; operative
10-29-2002. Submitted to OAL for printing only pursuant to Water Code sec-
tion 13620 which provides that the regulations shall not be subject to OAL re-
view and shall remain in effect until revised by the state board (Register 2002,
No. 44).
17. Amendment filed 10-27-2003 as an emergency; operative 10-28-2003 (Reg-
ister 2003, No. 44). Pursuant to Water Code section 13260(f) the emergency
amendments remain in effect until revised by the state board.
1 8. Amendment filed 8-3 1-2004 as an emergency; operative 7-1-2004. Adopted
by the State Water Resources Control Board 5-20-2004; submitted to OAL for
printing only on 8-24-2004 pursuant to Water Code section 1 3260 which pro-
vides that the regulations shall be deemed an emergency, shall not be subject to
OAL review, and shall remain in effect until revised by the Board (Register
2004, No. 36).
19. Amendment filed 10-13-2005 as an emergency; operative 7-1-2005.
Adopted by State Water Resources Control Board 5-19-2005. Submitted to
OAL for printing only 1O-3-2005 pursuant to Water Code .section 13260(f)
which provides that the regulations shall be deemed an emergency, shall not be
subject to OAL review, and shall remain in effect until revised by the Slate
Board (Register 2005, No. 41).
20. Amendment filed 8-27-2007 as an emergency: operative 8-27-2007. Sub-
mitted to OAL for printing only pursuant to Water Code section 1 326()( f), w hich
provides that the regulation shall be deemed an emergency, shall not be subject
to OAL review, and shall remain in effect until revised by the State Board ( Reg-
ister 2007, No. 35).
§2200.1.
The State Board shall notify each discharger annually of the fee to be
submitted, the basis upon which the fee was calculated, and the date upon
which the fee is due.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13260, Water Code.
History
1 . Renumbering of former subsection 2200(c) to new section 2200. 1 filed 6-5 95;
operative 7-5-95 (Register 95, No. 23).
§ 2200.2.
Persons proposing a new discharge shall submit to the State Board or
Regional Board a report of waste discharge. Unless specifically
instructed otherwise by the State Board, a fee equal in amount to the an-
nual fee based on the fee schedules in Section 2200 shall be submitted
with the discharger's report of waste discharge. This fee shall serve as the
first annual fee. If the submittal of this first annual fee does not coincide
with the current fiscal year billing cycle, then the next, and only the next,
fiscal year billing shall be adjusted to account for the payment of a full
annual fee that accompanied the discharger's report of waste discharge.
Persons proposing a material change in an existing discharge are not re-
quired to submit a fee with the report of waste discharge.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13260, Water Code.
History
1 . Renumbering and amendment of former subsecfion 2200(d) to new section
2200.2 filed 6-5-95; operative 7-5-95 (Register 95, No. 23).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Sub-
mitted to OAL for prindng only pursuant to Water Code section 1 3260( f), which
provides that the regulation shall be deemed an emergency, shall not be subject
to OAL review, and shall remain in effect until revised by the State Board (Reg-
ister 2007, No. 35).
§ 2200.3.
Failure to pay the annual fee is a misdemeanor and will result in the
State Board or Regional Board seeking the collection of fees through the
enforcement provisions provided pursuant to Water Code section 1 326 1 .
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13260, Water Code.
History
1 . Renumbering of former subsection 2200(g) to new section 2200.3 filed 6-5-95;
operative 7-5-95 (Register 95, No. 23).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Sub-
mitted to OAL for printing only pursuant to Water Code section 1 3260( 0- which
provides that the regulation shall be deemed an emergency, shall not be subject
to OAL review, and shall remain in effect until revised by the State Board (Reg-
ister 2007, No. 35).
§ 2200.4.
Any refund made pursuant to secfion 1 3260(e) or for any other reason,
shall withhold sufficient funds to cover actual staff time spent in review-
ing the report of waste discharge, which shall be calculated using a rate
of $50.00 per hour.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13260, Water Code.
History
1 . Renumbering of former subsection 2200(h) to new section 2200.4 filed 6-5-95;
operative 7-5-95 (Register 95, No. 23).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Sub-
mitted to OAL for printing only pursuant to Water Code section \ 326t)i f ), w hich
provides that the regulation shall be deemed an emergency, shall not be subject
to OAL review, and shall remain in effect until revised by the State Board ( Reg-
ister 2007, No. 35).
Page 84.1
Register 2007, No. 35; 8-31 -2007
§ 2200.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 2200.5. No Exposure Certification.
Dischargers filing an application for a No Exposure Certification
(NEC) shall pay a fee of $200 for each facility for which an application
is submitted, as prescribed in a general industrial storm water permit. The
fee shall be paid each time an application for initial certification or re-
newal is submitted. NEC fees are not subject to ambient water monitor-
ing surcharges.
NOTI:: Authority cited: Sections 18? and 1058, Water Code. Reference: Section
13260.2. Water Code.
History
1 . New section filed 1 0-27-2003 as an emergency: operative 1 0-28-2003 ( Regis-
ter 2003, No. 44). Pursuant to Water Code section 13260(f) the emergency
adoption remains in effect until revi.sed by the state board.
§ 2200.6. Annual Waiver Fee Schedules.
(a) Any person for whom waste discharge requirements have been
waived pursuant to section 13269 of the Water Code shall submit an
annual fee to the State Board if a fee is specified for the waiver in this sec-
tion.
No Ambient Water Monitoring surcharge shall apply to annual fees for
waivers as specified in this section.
(b) Annual fees for waivers for discharges from agricultural land
adopted by the Regional Water Quality Control Boards for the Central
Coast, Central Valley, or Los Angeles Regions shall be $100 per farm
plus $0.30 per acre of land.^ If a discharger is a member of a group that
has been approved by the State Board to manage fee collection and pay-
ment, then the fee shall be $100 per group plus $0. 12 per acre of land. If
a discharger is a member of a group that has been approved by the State
Board but that does not manage fee collection and payment, then the fee
shall be $100 per farm plus $0.20 per acre of land.
(c) For purposes of this section, the word "farm" and the word "dis-
charger" refer to any person who is subject to Order No. R3-2004-01 17
issued by the Central Coast Regional Water Quality Control Board, Or-
der No. R4-2005-0080 issued by the Los Angeles Regional Water Qual-
ity Control Board, or Order No. R5-2()06-0053 and Order No.
R5-2006-0054 issued by the Central Valley Regional Water Quality
Control Board.
' As used in this section, the acreage on which the fee is based refers to the area
that has been irrigated by the farmer or discharger at any time in the previous five
years.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13269, Water Code.
History
1 . New section filed 10-13-2005 as an emergency; operative 7-1-2005. Adopted
by State Water Resources Control Board 6-16-2005. Submitted to OAL for
printing only 10-3-2005 pursuant to Water Code section 13269, which grants
emergency authority for this section pursuant to Water Code section 13260(f).
The emergency adoption remains in effect until revised by the State Board (Reg-
ister 2005, No. 41).
2. Amendment filed 8-27-2007 as an emergency; operative 8-27-2007. Sub-
mitted to OAL for printing only pursuant to Water Code section 1 3260(f), which
provides that the regulation shall be deemed an emergency, shall not be subject
to OAL review, and shall remain in effect until revised by the State Board (Reg-
ister 2007, No. 35).
§ 2201 . Special Fees for Discharge of Hazardous Waste to
Surface Impoundments. [Repealed]
NOTE; Authority cited: Section 25028.3, Health and Safety Code. Reference: Sec-
tion 25028.3, Health and Safety Code.
History
1 . New secfion filed 8-9-85 as an emergency; effecfive upon filing. Text remains
in effect uninterrupted pursuant to Health and Safety Code Secfion 25208.3(b)
(Register 85, No. 32). For history of former Secfion 2201, see Register 81, No.
50.
2. Editorial correction of History Note No. 1 and reinstatement of emergency
language filed 8-9-85 which was repealed in error on Register 87, No. 2 (Regis-
ter 87, No. 7).
3. Repealer filed 8-27-2007 as an emergency; operative 8-27-2007. Submitted
to OAL for printing only pursuant to Water Code section 1 3260(f), which pro-
vides that the regulation shall be deemed an emergency, shall not be subject to
OAL review, and shall remain in effect until revised by the State Board (Regis-
ter 2007, No. 35).
Article 2. Waste Discharge Requirements
for Discharges Other Than from Point
Sources to Navigable Waters
§ 2205. Preliminary Procedures.
Each waste discharge report together with the required filing fee shall
be submitted to the appropriate regional board on forms supplied by the
board. Relevant supplemental information as required by the board shall
also be provided. The report shall contain all the available information
required by the form and shall be sworn to or submitted unde'- penalty of
perjury. The board shall determine the adequacy of a report and fee with-
in the time limits set forth in Government Code Section 65943. Pursuant
to Section 13260 of the Water Code, the board may waive tae filing of
a report, in which case it will notify the sender and return any fee that has
been paid.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13260,
Water Code.
History
\. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No.
27).
2. Amendment filed 10-26-88; operative 11-25-88 (Register 88, No. 45).
§ 2206. Effective Filing Date.
When the discharger has submitted all the information reqi.ired by the
regional board and the full fee that is due, the report will be deemed filed.
The discharger will be notified to that effect.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13260(d), Water Code.
History
L Amendment filed 12-7-81 ; effective thirtieth day thereafter (Reg ster 81, No.
50).
§ 2207. Criteria for Filing Reports.
Separate reports shall be filed for discharges to different disposal
areas. One report may include two or more discharges by the same person
to the same disposal area unless in the judgment of the regional board
separate reports should be filed.
§ 2208. Projects Deemed Approved.
(a) Whenever a project is deemed approved pursuant to Government
Code Section 65956, due to a regional board failure to act on a report of
waste discharge, the applicant may discharge waste as proposed in the
report of waste discharge until such time as the regional board adopts
waste discharge requirements applicable thereto. No such discharge of
waste shall create a vested right to continue such discharge.
(b) The regional board shall adopt appropriate waste discharge re-
quirements pursuant to California Water Code Section 1 3263 or waive
the adoption of such requirements pursuant to Section 13269 as soon as
possible for any project deemed approved pursuant to Govemnent Code
Section 65956.
(c) No application for waste discharge requirements pursuant to Chap-
ter 5.5 of Division 7, California Water Code, shall be subject to the time
limits specified in Government Code Title 7, Chapter 4.5, Article 5.
NOTE: Authority cited: Secfions 185 and 1058, Water Code. Reference: Sections
13263 and 13377, Water Code.
History
1. New secfion filed 8-1-78; effecfive thirtieth day thereafter (Register 78, No.
31).
2. Amendment of subsection (c) filed 4-16-82; effecfive upon filing pursuant to
Government Code Secfion 1 1346.2(d) (Register 82, No. 16).
§ 2210. Definition of a Material Change.
A material change in the character, location, or volume of the dis-
charge requiring a waste discharge report includes, but is not limited to,
the following:
(a) Addition of a major industrial waste discharge to a discharge of es-
sentially domestic sewage, or the addition of a new process or product by
an industrial facility resulting in a change in the character of the waste.
Page 84.2
Register 2007, No. 35; 8-31-2007
Title 23
State Water Resources Control Board
§ 2233
(b) Significant change in disposal method, e.g.. change from a land
disposal t a direct discharge to water, or change in the method of treat-
ment which would significantly alter the characteristics of the waste.
(c) Significant change in the disposal area, e.g., moving the discharge
to another drainage area, to a different water body, or to a disposal area
significantly removed from the original area potentially causing different
water quality or nuisance problems.
(d) Increase in flow beyond that specified in the waste discharge re-
quirements.
(e) Increase in area or depth to be used for solid waste disposal beyond
that specified in the waste discharge requirements.
NOTH: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
13260, 13263 and 13264. Water Code.
History
1. Amendment filed 12-3-70; effective thirtieth day thereafter (Register 70, No.
49).
2. Amendment filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No.
50).
§ 2230. Monitoring Program Reports.
(a) The results of any monitoring shall be reported to the regional
board as specified in the waste discharge requirements, but in no case less
than once per year.
(b) The regional board may require the discharger to submit an annual
report summarizing the monitoring data for the previous year.
NOTK: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
13165 and 13267. Water Code.
History
1. New Article 5 (Sections 2230, 2231 and 2232) filed 12-3-70; effective thirtieth
day thereafter (Register 70, No. 49).
2. Renumbering of Article 5 to 4 filed 3-10-72; effective thirtieth day thereafter
(Register 72, No. 11).
3. Amendment of subsections (f) and (g) filed 5-22-75; effective thirtieth day
thereafter (Register 75. No. 21).
4. Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No.
27). For prior history, see Registers 70, No. 49; and 72, No. 11.
5. Amendment filed 12-7-81; effective thirtieth day thereafter (Register 81, No.
50).
6. Repealer of subsection (c) filed 10-26-88; operative 1 1-25-88 (Register 88,
No. 45).
§ 2231 . Time Schedules.
(a) Time schedules should be included in requirements for existing
discharges when it appears that the discharger cannot immediately meet
the requirements.
(b) Time schedules shall not permit any unnecessary time lag, and pe-
riodic status reports should be required.
(c) Time schedules should include only dates for complete design,
complete financial arrangements, start of construction, 50 percent com-
pletion of work, and full compliance with requirements.
(d) Time schedules should be periodically reviewed and should be up-
dated, when necessary, to assure the most rapid compliance.
§ 2232. Ensuring Adequate Capacity.
(a) Whenever a regional board finds that a publicly owned wastewater
treatment plant will reach capacity within four years, the board shall
notify the discharger. Such notification shall inform the discharger that
the regional board will consider adopting a time schedule order pursuant
to Section 13300 of the Water Code or other enforcement order unless
the di.scharger can demonstrate that adequate steps are being taken to ad-
dress the capacity problem. The notification shall require the discharger
to submit a technical report to the regional board within 120 days show-
ing how flow volumes will be prevented from exceeding existing capac-
ity or how capacity will be increased. A copy of such notification shall
be sent to appropriate local elected officials, local permitting agencies
and the press. The time for filing the required technical report may be ex-
tended by the regional board. An extension of 30 days may be granted by
the executive officer. Longer extensions may be granted by the regional
board itself.
(b) The required technical report shall be reviewed, approxed and
jointly submitted by all planning and building departments having juris-
diction in the area served by the waste collection, treatment, or disposal
facilities.
(c) Public pardcipation shall be required during the preparation of the
technical report. The report shall be accompanied by a statement outlin-
ing how interested persons were involved in the preparation of the techni-
cal report.
(d ) Whenever a regional board finds that the waste treatment or dispos-
al facilities of a discharger will reach capacity within four years and that
adequate steps are not being taken to address the capacity problem, it
shall adopt a time schedule or other enforcement order. Such action shall
be preceded by notice and a hearing.
(e) A technical report need not be required if the regional board finds
that the burden of preparing the report does not bear a reasonable rela-
tionship to its need and to the benefits of the report. If a discharger ques-
tions that the cost of preparing the technical report bears a reasonable re-
lationship to the need for such a report or the benefits to be obtained
therefrom, the discharger may appeal to the regional board for relief
within 30 days of the date of the notice.
NOTH: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections
13225, 13267. 13300 and 13301. Water Code.
History
1 . Repealer of subsection (c) filed 3-10-72: effective thirtieth dav thereafter ( Res;-
ister72. No. 11).
2. Amendment filed 4-16-82; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 82. No. 16).
§ 2232.1 . Certification of Supervisors and Operators of
Municipal Wastewater Treatment Plants.
NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 9 (com-
mencing with Section 13625 of Division 7), Water Code.
History
1. New section filed 9-24-75; effective thirtieth day thereafter (Register 75. No.
39).
2. Repealer filed 12-7-81 ; effective thirtieth day thereafter (Register 8 1 . .No. 50).
§ 2232.2. Periodic Review of Waste Discharge
Requirements.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13263(e), Water Code.
History
1. New section filed 6-30-80; effecfive thirtieth day thereafter (Register 80, No.
27).
2. Amendment of section heading filed 12-7-81 ; effective thirtieth day thereafter
(Register 81, No. 50).
3. Repealer filed 10-26-88; operafive 1 1-25-88 (Register 88, No. 45).
§ 2233. Other Terms and Conditions to Be Included in
Waste Discharge Requirements.
(a) A condifion shall be included for a publicly owned treatment
works, treating or designed to treat, an average dry weather flow of 5 mgd
or more of community wastewater that the operating entity shall ha\ e and
enforce an adequate pretreatment program approved by the appropriate
regional board. A condition requiring a local pretreatment program may
be included for a publicly owned treatment works treating or designed to
treat an average dry weather flow of less than 5 mgd of community w aste-
water where deemed appropriate by the state board or regional board.
(b) In cases where an operating entity does not have an adequate pre-
treatment program, a time schedule shall be included with the waste dis-
charge requirements for adoption and implementation of the necessary
program.
(c) The regional board in prescribing waste discharge requirements for
a publicly owned treatment works shall require an annual report of effec-
tiveness of the local pretreatment program.
(d) Conditions shall be included in waste discharge requirements for
all publicly owned wastewater treatment plants requiring the following:
(I ) That supervisors and operators of plants shall possess a certificate
of appropriate grade in accordance with Title 23, California Administra-
tive Code Section 3680.
Page 84.3
Register 2007, No. 35; 8-31-2007
§2234 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
(2) That each plant shall be operated and maintained in accordance § 2234. Inspections.
with the operation and maintenance manual prepared by the municipality Notk; Authority cited: Section 1 058, Water Code. Reference: Sections 1 3263 and
through the Clean Water Grant Program. 1 -''267, Water Code.
NoTIv. Authority cited: Sections 1 83 and 1058, Water Code. Reference: Sections Hlstory
13000, 13263 and 13627, Water Code '• ^^"^ section filed 6-30-80; effective thirtieth day thereafter (Register 80, No.
History -^*-
1 . Amendment filed 6-30-80; effective thirtieth day thereafter (Register 80, No. -■ Repealer filed 10-26-88; operative 1 1-25-88 (Register 88, No. 45).
27). For prior history, see Register 76, No. 26.
2. New subsection (d) filed 4-16-82; effecfive upon filing pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 82, No. 16).
[The next page is 85.]
Page 84.4 Register 2007, No. 35; 8-31-2007
Title 23
State Water Resources Control Board
§ 2236
Article 3. Waste Discharges from Point
Sources to Navigable Waters
§ 2235. Definitions.
Note: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (com-
mencing with Section 13370) of Division 7, Water Code.
History
1 . Amendment and redesignation of Sections 2235-2235.4 from Article 5 to Ar-
ticle 3 filed 6-30-80: effective thirtieth day thereafter (Register 80, No. 27). For
prior history, see Registers 73, No. 6; 73, No. 14; and 73, No. 24.
2. Repealer filed 10-26-88; operative 1 1-25-88 (Register 88, No. 45).
§ 2235.1 . Filing and Processing of a Report of Waste
Discharge.
Each report of waste discharge related to discharges of pollutants from
point sources to navigable water shall be filed and processed in com-
pliance with the applicable federal regulations governing the NPDES
permit program promulgated by EPA.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Chapter 5.5 (com-
mencing with Section 13370) of Division 7, Water Code.
History
1 . Repealer of suhscctions (a) and (b) and amendment of remaining subsection
filed 10-26-88; operative 11 -25-88 (Register 88, No. 45).
§ 2235.2. Compliance with Regulations of the U.S.
Environmental Protection Agency.
Waste discharge requirements for discharge from point sources to nagivable wa-
ters shall be issued and administered in accordance with the currently applicable
federal regulations for the National Pollutant Discharge Klimination System
(NPDHS) program.
NOTE; Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (com-
mencing with Section 13370) of Division 7, Water Code.
§ 2235.3. Additional Requirements.
In addition to the federal regulations, waste discharge requirements
prescribed for discharges to navigable water shall be in compliance with
applicable state regulations, including, when appropriate, the require-
ments of Sections 2230(c), 2232 and 2233.
NOTE; Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13263, Water Code.
History
1 . Amendment filed 4-16-82; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 82, No. 16).
§ 2235.4. Continuation of Expired Permits.
The terms and conditions of an expired permit are automatically con-
tinued pending issuance of a new permit if all requirements of the federal
NPDES regulations on continuation of expired permits are complied
with.
NOTE; Authority cited: Section 1058, WaterCode. Reference: Sections 1 3376 and
13377, Water Code.
Article 5. Waste Discharges from Point
Sources to Navigable Waters
NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 5.5 (com-
mencing with Section 13370) of Division 7, Water Code.
History
1. Amendment and redesignation of Sections 2235-2235.4 from Article 5 to Ar-
ticle 3 and repealer of Sections 2235.5-2235.19 filed 6-30-80; effective thir-
tieth day thereafter (Register 80, No. 27). For prior histor>', see Registers 73, No.
14; 73, No. 24; 74. No. 14; 75, No. 39; and 76, No. 26.
Article 6.
Bay Protection Toxic Cleanup
Program
§ 2236. Bay Protection and Toxic Cleanup Annual Fees.
(a) All point and nonpoint dischargers who discharge directly into en-
closed bays, as defined in Water Code Section 13391.5(a), estuaries, as
defined in Water Code Section 13391.5(b), or adjacent waters in the con-
tiguous zone or the ocean, as defined in Section 502 of the Federal Clean
Water Act (33 U.S.C. Sec. 1362), shall be subject to an annual fee pur-
suant to Section 1 3396.5 of the Water Code. This fee is in addition to the
fees required in Title 23. Section 2200, California Code of Regulations,
(b) Dischargers for whom National Pollutant Discharge Elmiination
System (NPDES) permits or waste discharge requirements have been
prescribed except as noted in Subsection (c) below, who discharge into
waters described in Subsection (a), shall be subject to an annual fee in ac-
cordance with the following .schedule:
BAY PROTECTION AND TOXIC CLEANUP ANNUAL FEE
SCHEDULE NPDES PERMIT AND NON-CHAPTER 15 WASTE
DISCHARGE REQUIREMENTS
Rating
Fee
I-a
$11,000
I-b
S 8,000
I-c
S 5.000
Il-a
S 4,000
Il-b
$ 2.000
II-c
S 1,000
Ill-a
S 500
Ill-b
S 400
III-c
S 300
( 1 ) Rating is based on the relative threat of the discharge to water quali-
ty and complexity, as defined in Title 23. Section 2200(a)(2), California
Code of Regulations.
(2) Discharges from public and private educational institutions result-
ing from the use of seawater to maintain marine organisms for education-
al and research purposes that are rated III-c, shall be subject to an annual
fee of $0.
(c) The following categories of dischargers shall pay the amount of fee
specified below. This schedule supersedes those set forth in (b) above if
a discharger falls under both sections.
( 1 ) NPDES permits for an area-wide urban storm water system which
discharges into waters described in Subsection (a) shall be subject to an
annual fee based on the population served by the drainage system in ac-
cordance with the following schedule:
Population
Fee
Less than 10,000
10,000 to 99,999
100,000 to 249,999
250,000 and greater
$ 1,000
$ 2,500
$ 5,000
$10,000
Each county, incorporated city or entity which operates a municipal
stormdrain which is not part of an NPDES permit for an area-wide storm-
water discharge shall pay a fee based on the population served by the
drainage system in accordance with the schedule shown in this para-
graph.
(2) Discharges from agricultural practices into waters described in
Subsection (a) shall be subject to an annual fee based on the number of
acres drained in accordance with the following schedule:
Irrigated Acres
Less than 100
100 to 999
1,000 to 9,999
10,000 to 50,000
Fee
$ 500
$ 1,500
$ 5,000
Owners, operators, or representatives of more than 50,000 irrigated
acres shall pay $5,000 for the first 50,000 acres and $0. 10 for each addi-
tional acre.
A. Annual fees for discharges from agricultural practices may be paid
by regional entities. Regional entities must meet the following require-
ments:
i. The regional entity shall be the same group created to comply with
Chapter III, Section I, of the California Enclosed Bays and Estuaries
Plan.
ii. The regional entity shall demonstrate legal, institutional and mana-
gerial capabihty to pay annual fees for member growers.
Page 85
Register 97, Nos. 1-2; 1-10-97
§2240
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
B. If regional entities have not been identified to tiie State Board the
fees shall be assessed on individual agricultural discharges.
(3) Each boat construction facility or repair facility or hull cleaning op-
eration which discharges to waters described in Subsection (a) shall be
subject to an annual fee of $300.
(4) Each operator of a boat marina or other recreational vessel launch-
ing or docking facility which discharges to waters described in Subsec-
tion (a) shall be subject to an annual fee based on number of vessel slips
or moorings, in accordance with the following schedule:
Slips/Moorini^s
Fee
Less than 300
$
300 to 499
S 300
500 to 999
$ 500
1000 and greater
$1,000
(5) Each harbor or port facility which discharges to waters described
in Subsection (a) and wliich is used for commercial shipping purposes
shall be subject to an annual fee of $5,000.
(6) Each dredging operation in waters described in Subsection (a) for
which a Water Quality Certification (33 U.S.C. Section 1341 ) has been
issued by the State Water Resources Control Board shall be subject to a
fee based on the cubic yards of dredge material authorized in the Water
Quality Certification, in accordance with the following schedule:
Cubic Yards
Authorized in
Maintenance
New
Beach
Certification
Dredging
Dredging
Replenishment
Less than 30,000
$
$
S
30,000 - 99,999
$ 1,500
$ 1,000
$
100,000-299,999
$ 4,500
S 3,000
SLOOO
300,000 and greater
$15,000
$10,000
$3,000
If the dredging quantity stated in the Water Quality Certification is less
than the amount of the Section 404 (33 U.S.C. Section 1344) permit, and
the permitted volume is greater than 300,000 cubic yards, the fee shall
be based on the total permitted volume.
(d) Point and nonpoint dischargers who discharge into a water body
described in Subsection (a) which has been identified as a Water Quality
Limited Segment in the current "Water Quality Assessment", prepared
by the State Board pursuant to Section 303(d) of the Federal Clean Water
Act (33 U.S.C. Sect. 1313) shall be subject to a surcharge of 100 percent
of the annual fee specified in Subsections (b) or (c). In no case shall the
annual fee for these discharges exceed the statutory maximum specified
in Subdivision (d) of Section 13396.5 of the Water Code.
(e) The State Board shall notify each discharger of the amount of the
fee to be submitted, the basis upon which the fee was calculated, and the
date upon which the fee is due.
(f) Any person faiUng to pay the fee established under this Section,
when so requested by the State Board, may be liable civilly in accordance
with Subdivision (d) of Section 13261 of the Water Code.
(g) In the event the amount collected under this Section exceeds the
maximum allowed by Subdivision (b) of Section 13396.5 of the Water
Code, an amount equal to the over collection will be credited against the
next year's fees. The amount of the over collection will be prorated
among dischargers who submitted the full amount of the fees by the date
specified pursuant to Subsection (e) of this Section. The prorated amount
shall be reduced from the next year' s fee, based on the following equa-
tion:
Excess Collected X
Fee Paid
Total of All Fees
Paid by Dischargers
who Made Full and
Timely Payments
Reductions Amount
tions (b) or (c) prorated for the number of months remaining in the billing
cycle.
(i) The annual fees in Subsection (b) and (c) shall be reviewed by the
State Board regularly, but in no case less than once every three years. The
annual fees may be adjusted on the basis of monitoring information col-
lected as a part of the Bay Protection and Toxic Cleanup Program and in-
formation from any other programs deemed appropriate.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections
13396.5(a), 13396.5(b), 13396.5(d) and 13396.5(e), Water Code.
History
1. New section fded 12-2-91; operative 1-2-92 (Register 92, No. 9).
(h) Any new discharger identified as being subject to this section shall
pay a fee based on the amount specified with the fee schedules in Subsec-
Chapter 9.1. Enforcement Procedures
Article 1. Cease and Desist Orders
§ 2240. When Issued.
NOTE: Authority cited: Section 185 and 1058, Water Code. Reference: Section
13283 and Chapters 4, 5 and 8 of Division 7. Water Code.
History
1. New Subchapter 9.1 (§§2240 through 2245) filed 12-3-70; effective thirtieth
day thereafter (Register 70, No. 49).
2. Amendment of title in subchapter 9.1 filed 11-21-78; effective thirtieth day
thereafter (Register 78, No. 47).
3. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 2241. Compliance Requirements.
History
1. Repealer filed 12-7-81 : effective thirtieth day thereafter (Register 81, No. 50).
§ 2242. Threatened Violations of Time Schedules.
NOTE: Authority cited: Sections 185 and 1058, Water Code. Reference: Section
13300, Water Code.
History
1. Amendment filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No.
50).
2. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 2243. Time Schedules.
(a) A time schedule should always be included in a cease and desist
order unless there is a lack of information upon which to base: a schedule
in which case the discharger should be instructed to comph' forthwith.
"Forthwith" means as soon as is reasonably possible.
(b) Time schedules should be periodically reviewed and updated to as-
sure compliance at the earliest possible date.
§ 2244. Prohibitions or Restrictions on Additional
Discharges to Community Sewer Systems.
(a) The purpose of prohibitions or restrictions on additional discharges
is to prevent an increase in violation or likelihood of violation of waste
discharge requirements during a period of violation or threatened viola-
tion of requirements and thereby prevent an increase in unreasonable im-
pairment of water quality or an increase in nuisance.
(b) Prohibitions or appropriate restrictions on additional discharges
should be included in a cease and desist order if the further addition in
volume, type, or concentration of waste entering the sewer system would
cause an increase in violation of waste discharge requirements or in-
crease the likelihood of violation of requirements.
(c) Additional discharges should not be restricted or prohibited when
violation of requirements can be immediately corrected.
(d) Prohibitions or restrictions are not to be used as a punitive measure
for past failure to comply.
(e) Prohibitions or restrictions, when adopted, should include but not
be limited to new residential, commercial, industrial, and/or governmen-
tal connections as deemed appropriate.
(f) Upon adoption of any cease and desist order which contains a pro-
hibition or restriction on additional discharges, the regional board shall
send written notification to all appropriate local agencies.
Page 86
Register 97, Nos. 1-2; 1-10-97
Title 23
State Water Resources Control Board
§2250
History
1 . Amendment filed 3-13-72; effective thirtieth day thereafter (Register 72, No.
12).
§ 2244.1 . Exclusions from Prohibitions and Restrictions
on Additional Discharges to Community Sewer
Systems.
(a) Orders prohibiting or restricting additional discharges should ex-
pressly exclude structures with building permits already issued at the
time the notice of the cease and desist hearing to consider the proposed
prohibition or restriction was given unless special circumstances justify
inclusion of such structures.
Where the governmental entity with jurisdiction normally does not is-
sue a document called a "building permit" but uses another term to refer
to the document which constitutes its final approval of construction, an
order prohibiting or restricting additional discharges should expressly
exclude such structure if this document has been issued. In the event a
structure does not normally require a building permit (e.g., where a gov-
ernment building is exempted from the permit process) an order prohibit-
ing or restricting additional discharges should expressly exclude such
structures if construction has commenced.
(b) The following should also be excluded from prohibitions and re-
strictions:
(1) Discharges from existing dwellings not connected to the sewer sys-
tem which have methods of waste disposal which are causing more se-
vere water quality problems than those caused by the community sewer
system.
(2) Discharges which, by reason of special circumstances, if not al-
lowed to cormect to the community sewer system would result in extreme
public hardship or a public health hazard. This is not intended to mean
that economic loss to a community as a whole or to any public agency or
private person within the community is by itself cause for not prohibiting
additional connections because such loss is the rule rather than the excep-
tion and cannot outweigh the need to prevent an increase in water quality
impairment which is the basic reason for the prohibition.
NOTE: Authority cited: Sections 1058 and 13976(h), Water Code. Reference:
Chapters 3 and 5, of Division 7, Water Code.
History
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No.
12).
2. Amendment of subsection (a) filed 8-24-78 as an emergency; effective upon
filing (Register 78, No. 34).
3. Certificate of Compliance filed 10-20-78 (Register 78, No. 42).
§ 2244.2. Means of Obtaining Exclusions Provided for by
Section 2244.1(b).
(a) Persons wishing to obtain an exclusion from a prohibition or re-
striction as provided for in Section 2244. 1 (b) shall make such request, in
writing, to the regional board.
(b) A request for exclusion under Section 2244. 1 (b) may be made by
any person or public agency.
(c) The board or the executive officer shall act promptly upon all re-
quests for an exclusion and in any event within sixty (60) days of its re-
ceipt.
(d) Exclusions may be determined by the executive officer under an
appropriate delegation order adopted by the regional board pursuant to
Water Code Section 13223.
History
1 . New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No.
12).
§ 2244.3. Removal of Prohibitions and Restrictions on
Additional Discharges to Community Sewer
Systems.
(a) Prohibitions or restrictions on additional discharges shall not be re-
moved until the violations of requirements which were the basis for im-
posing the prohibitions or restrictions have ceased and consistent com-
pliance with those requirements has been achieved.
(b) As an exception to (a), prohibitions or restrictions on additional
discharges may be removed, at the discretion of the Board, if the Board
finds ( 1 ) that consistent compliance with requirements can be achieved
only by construction of a facility which will take a substantial period of
time to complete, and (2) that the discharger has the capacity, authority,
and financial resources to complete the corrective measures necessary to
achieve compliance and is currently proceeding with such corrective
measures, and (3) that the corrective measures necessary to achieve com-
pUance with requirements will be completed and placed into operation
by the discharger in the shortest practicable time, and (4) that all practica-
ble interim repairs and improvements to the treatment process of the dis-
charges which can be made have been made, and (5) that during the inter-
im period of time until compliance with requirements can be fully
achieved the treatment process of the discharges will be so managed, op-
erated, maintained and repaired as to reduce to a minimum the violations
which resulted in the imposition of the prohibitions or restrictions, and
that such minimum violations for the interim period of time involved will
not significantly impair water quality or beneficial uses.
(c) Prohibitions or restrictions, if removed under subsection (b) here-
of, shall be reimposed if the Board finds that the discharger is in violation
of any of the conditions of subsection (b) hereof prior to the time that con-
sistent compliance with requirements has been achieved.
(d) Removal of the prohibition or restriction may be total or by vol-
ume, type, or concentration of waste as improvements to the treatment
and disposal facilities are placed in operation.
History
1. New section filed 3-13-72; effective thirtieth day thereafter (Register 72, No.
12).
2. Amendment filed 2-5-73; effective thirtieth day thereafter (Register 73, No. 6).
§ 2245. Immediate Corrective Measures.
(a) Each discharger should be expected to construct emergency facili-
ties or modify existing plant operation to achieve rapid compliance.
(b) Emergency facilities which should be constructed immediately in-
clude chemical treatment, additional disinfection, ponding with or with-
out aeration, receiving water mixing, aeration, and any other steps which
can be immediately implemented.
(c) Extra cost of such facilities is not a reasonable excuse for failure
to construct them.
(d) If necessary emergency facilities are not immediately provided, the
board should consider further action against the discharger.
Chapter 9.2. Reportable Quantities and
Reporting Requirements
§ 2250. Reportable Quantity for Sewage.
(a) For the purposes of Section 1 327 1 of the Water Code, a reportable
quantity for sewage is defined to be any unauthorized discharge of 1 ,000
gallons or more.
(b) For the purposes of Section 13271, an unauthorized discharge is
defined to be a discharge, not regulated by waste discharge requirements,
of treated, partially treated, or untreated wastewater resulfing from the in-
tentional or unintentional diversion of wastewater from a collection,
treatment or disposal systems.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Section 13271,
Water Code.
History
1 . New section filed 5-22-89; operative 6-21-89 (Register 89, No. 34). For histo-
ry of former Secfion 2250, see Register 81 , No. 50.
Page 86.1
Register 97, Nos. 1-2; 1-10-97
§2251 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
§ 2251. Reportable Quantities for Hazardous Wastes or Response, Compensation and Liability Act of 1980 as contained in 40
Hazardous Substances. CFR Part 302 dated July 1 , 1 987 shall be in effect.
For the purposes of Section 13271 of the Water Code, the reportable Note: Authority cited: Section 1058. Water Code. Reference: Section 13050. ^m^
quantities for hazardous substances developed by the U.S. Environmen- Water Code; and Section 13271. Water Code. ^B
tal Protection Agency pursuant to the Comprehensive Environmental ^^^
[The next page is 87.]
Page 86.2 Register 97, Nos. 1-2; 1-10-97
Title 23
State Water Resources Control Board
§2315
History
1 . New section filed 5-22-89; operative 6-2 1 -89 (Register 89, No. 34). For histo-
ry of former Section 2251, see Register 81, No. 50.
•
Article 2. Reporting Requirements
§ 2260. Reporting Requirements.
Any person responsible for a discharge in excess of the reportable
quantities of this subchapter that could affect the waters of the State shall
immediately report the discharge in accordance with Section 13271 of
the Water Code.
The reporting of discharges in excess of the reportable quantities of
this subchapter shall not apply to discharges in compliance with waste
discharge requirements, conditions of waiver of waste discharge require-
ments, or other provisions of Division 7 of the Water Code.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13271,
Water Code.
History
1 . New section filed 5-22-89; operative 6-21-89 (Register 89, No. 34).
Chapter 10. Licensing and Regulation of
Use of Oil Spill Cleanup Agents
Article 1. General Provisions
§ 2300. Statement of Intent.
NOTE: Authority cited: Sections 185 and 13169, Water Code.
History
1. New Subchapter 10 (Sections 2300-2304, 2310-2321, 2330-2336) filed
1-9-70; effective thirtieth day thereafter (Register 70, No. 2).
2. Repealer filed 12-7-81; effective thirtieth day thereafter (Register 81, No. 50).
§ 2301 . Policy on the Cleanup of Oil Spills.
History
1 . Repealer filed 1 2-7-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 50).
§ 2302. Scope of Regulations.
History
1 . Repealer filed 12-7-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 50).
§ 2303. Revision of Regulations.
History
1 . Amendment filed 12-29-70; effective thirtieth day thereafter (Register 71, No.
1).
2. Repealer filed 12-7-81 ; effective thirtieth day thereafter (Register 81, No. 50).
§ 2304. Definitions.
History
1 . Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 8).
Article 2. Licensing of Oil Spill Cleanup
Agents
§ 2310. Licensing Requirement.
History
1 . Repealer of Section 23 1 and amendment and renumbering of Section 23 1 1 to
Section 23 1 filed 1 2-29-70; effective thirtieth day thereafter (Register 7 1 , No.
1).
2. Change without regulatory effect repealing section filed 2-22-96 pursuant to
secdon 100, title 1 , California Code of Regulations (Register 96, No. 8).
§ 231 0.1 . Application Fee and Deposit.
NOTE: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1. Renumbering of Section 2314 to new Section 2310.1 filed 12-7-81; effective
thirtieth day thereafter (Register 81, No. 50).
2. Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 8).
§ 231 1 . Contents of Application.
NOTE: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1 . New section filed 1 2-29-70; effecfive thirtieth day thereafter (Register 7 1 , No.
1).
2. Amendment ofsubsection(c) filed 1-13-71 as an emergency; designated effec-
five 1-28-71 (Register 71, No. 3).
3. Certificate of Compliance — Section 1 1422.1, Government Code, filed 3-3-71
(Register 71, No. 10).
4. Renumbering and amendment of Section 231 1 to Secfion 2314 and renumber-
ing and amendment of Section 2315 to Secfion 231 1 filed 12-7-81; effective
thirtieth day thereafter (Register 81, No. 50). For history of former Section
2315, see Register 79, No. 10.
5. Change without regulatory effect repealing section filed 2-22-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 8).
§ 231 1 .1 . Standardized Tests and Product Testing.
History
1 . New section filed 1 2-29-70; effective thirtieth day thereafter (Register 7 1 , No.
1).
2. Renumbering and amendment of Section 23 1 1 . 1 to Section 23 1 3 filed 1 2-7-8 1 ;
effective thirtieth day thereafter (Register 81, No. 50).
§ 2312. Responsibility of an Applicant.
NOTE: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1 . Amendment filed 1 2-29-70; effective thirtieth day thereafter (Register 7 1 , No.
1).
2. Renumbering and amendment of Section 2312 to Section 2317 and renumber-
ing and amendment of Section 2316 to Section 2312 filed 12-7-81; effective
thirtieth day thereafter (Register 81, No. 50). For history of former Section
2316, see Register 79, No. 10.
3. Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 8).
§ 2313. standardized Tests and Product Testing.
NOTE: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1 . Amendment filed 1 2-29-70; effective thirtieth day thereafter (Register 7 1 , No.
!)•
2. Renumbering and amendment of Section 2313 to Section 2315 and renumber-
ing and amendment of former Section 2311.1 to Section 2313 filed 12-7-81;
effective thirtieth day thereafter (Register 81, No. 50). For history of former
Section 2311.1, see Register 71, No. 10.
3. Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 8).
§ 2314. Licensing Criteria.
Note: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1. Renumbering and amendment of Section 2314 to new Section 2310.1 and re-
numbering and amendment of former Section 2311 to Section 23 1 4 filed
12-7-81; effective thirtieth day thereafter (Register 81, No. 50). For history of
former Section 2311, see Register 71, No. 10.
2. Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 8).
§ 2315. Issuance of License.
NOTE: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1 . Amendment filed 1 2-29-70; effective thirtieth day thereafter (Register 7 1 , No.
1).
2. Renumbering and amendment of Section 2315 to Section 231 1 and renumber-
ing and amendment of former Section 23 1 3 to Section 23 1 5 filed 1 2-7-8 1 ; ef-
fective thirtieth day thereafter (Register 8 1 , No. 50). For history of former Sec-
tion 2313, see Register 71, No. 10. day thereafter (Register 71, No. 1 ).
Page 87
Register 97, No. 25; 6-20-97
§2316
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
3. Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100. title 1, California Code of Regulations (Register 96, No. 8).
§ 2316. Term of License.
NOTE; Authority cited: Sections 1 85, 1 058 and 13 1 69(a), Water Code. Reference:
Section 13169, Water Code.
History
1. Renumbering and amendment of Section 2316 to Section 2312 and renumber-
ing and amendment of former Section 2317 to Section 2316 filed 12-7-81; ef-
fective thirtieth day thereafter (Register 8 1 , No. 50). For history of former Sec-
tion 2317, see Register 79, No. lO'!
2. Change without regulatory effect repealing section filed 2-22-96 pursuant to
secfion 100, title 1, California Code of Regulations (Register 96, No. 8).
§2317. Labeling Requirement.
NOTE: Authority cited: Sections 185, 1058 and 13169(a), Water Code. Reference:
Section 13169, Water Code.
History
1 . Repealer of Section 23 1 7 and renumbering of Section 23 1 8 to Section 23 1 7 filed
12-29-70; effective thirtieth day thereafter (Register 71. No. 1).
2. Amendment filed 3-7-79 as procedural and organizational; effective upon fil-
ing (Register 79, No. 10).
3. Renumbering and amendment of Section 2317 to Section 2316 and renumber-
ing and amendment of former Section 2312 to Section 2317 filed 12-7-81; ef-
fective thirtieth day thereafter (Register 81, No. 50). For history of former Sec-
tion 2312, see Register 71, No. 10.
4. Change without regulatory effect repealing section filed 2-22-96 pursuant to
secfion 100, title 1, California Code of Regulations (Register 96, No. 8).
§2318. Legal Responsibility.
History
1. Renumbering from §2319 filed 12-29-70; effective thirtieth day thereafter
(Register 71, No. 1).
2. Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, fitle I, California Code of Regulations (Register 96, No. 8).
§ 2320. Use of an OSCA Prior to Licensing.
History
1. Repealer filed 12-29-70; effective thirtieth day thereafter (Register 71, No. 1).
§ 2321 . Interim Toxicity Criterion.
History
1 . Repealer filed 1 2-29-70; effective thirtieth day thereafter (Register 7 1 , No. 1 ).
Article 3. Use of Oil Spill Cleanup Agents
§ 2330. Supervision and Enforcement of Use.
History
1 . Change without regulatory effect repealing section filed 2-22-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 8).
§ 2331 . Applicability of Regulations for Use.
History
1. Change without regulatory effect repealing section filed 2-22-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 8).
§ 2332. Requirements for the Use of OSCA.
NOTE: Authority cited: Sections 1 85, 1058 and 13169(a), Water Code. Reference:
Secfion 13169, Water Code.
History
1. Amendment filed 12-29-70; effecfive thirtieth day thereafter (Register 71, No.
1).
2. Amendment of subsection (d)(2)(A) filed 12-7-81 ; effecfive thirtieth day there-
after (Register 81, No. 50).
3. Change without regulatory effect repealing section filed 2-22-96 pursuant to
secfion 100, tide 1, California Code of Regulafions (Register 96, No. 8).
§ 2333. Observance of Manufacturer's Recommendations.
History
1 . Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 8).
§ 2334. Emergency Authorization for Use of Unlicensed
OSCA.
History
1 . Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 8).
§ 2335. Experimental Use of OSCA.
History
1 . Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 96, No. 8).
§ 2336. OSCA Endorsement.
History
1 . Change without regulatory effect repealing section filed 2-22-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 8).
Chapter 1 1 . Certification of Conformance
with Water Quality Standards
NOTE; Authority cited: Sections 185 and 1058, Water Code. Reference: Secfion
13160, Water Code.
History
1 . Repealer of Subchapter 1 1 (Secfion 2340-2348) filed 9-2-8 1 ; effecfive thirtieth
day thereafter (Register 81 , No. 36). For prior histoiy see Registers 79, No. 34;
78, No. 31; 73, No. 9; and 72, No. 20.
Chapter 12. Certification Under Section 169
of the Internal Revenue Code of 1954, As
Amended
NOTE: Authority cited: Secfion 185, Water Code. Reference: Secfions 13160 and
13320, Water Code.
History
1. Repealer of Subchapter 12 (Secfions 2360-2367) filed 9-2-81; effective thir-
fieth day thereafter (Register 8 1 , No. 36). For prior history see Regi sters 72, No.
24, and 71, No. 3.
Chapter 13. Registration and Regulation of
Liquid Waste Haulers
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Stats. 1979, Chap-
ter 753.
History
1. Repealer of Subchapter 13 (Articles 1-5, Sections 2400-244- 1, not consecufive)
filed 2-8-80 as an emergency; effective upon filing (Register 80, No. 6). For
prior history see Registers 70, No. 51; 71. No. 13; 72, No. 7; and 75, No. 21. A
Certificate of Compliance must be transmitted to OAH within 1 20 days or emer-
gency language will be repealed on 6-8-80.
Chapter 14. Classification of Wastewater
Treatment Plants and Operator Certification
History
1. Repealer of Subchapter 14 (Articles 1-6, Sections 2450-2485, not consecutive)
filed 12-7-81 ; effective thirtieth day thereafter (Register 81 , No. 50). For prior
history, see Registers 79, No. 41 ; 77, No. 20; 75, No. 48; 75, No. 37; 75, No. 35;
75, No. 21; 74, No. 34; 74, No. 30; 74, No. 19; 73, No. 30; and 71, No. 15. Also
refer to Chapter 4, Subchapter 14 (Secfions 3670-3705, not consecutive).
2. Editorial correction renumbering Secfions 2456, 2460, 2465, 2467, 2468, 2474,
2480 and 2481 to Secfions 3676, 3680, 3685-3687, 3692, 3700 and 3701 of
Chapter 4 filed 3-25-82; designated effecfive 1-6-82 pursuant to Government
Code Secfion 11346.2(d) (Register 82, No. 13).
Chapter 15. Discharges of Hazardous
Waste to Land
Article 1. General
§2510. Applicability.
(a) The regulations in this chapter pertain to water quality aspects of
waste discharge to land. The regulations in this chapter establish waste
•
•
Page 88
Register 97, No. 25; 6-20-97
Title 23
State Water Resources Control Board
§2511
and site classifications and waste management requirements for waste
treatment, storage, or disposal in landfills, surface impoundments, waste
piles, and land treatment facilities. Requirements in this chapter are mini-
mum standards for proper management of each waste category. Regional
hoards may impose more stringent requirements to accommodate re-
gional and site-specific conditions. In addition, the requirements of this
chapter apply to cleanup and abatement actions for unregulated dis-
charges to land of hazardous waste (e.g., spills), taken pursuant to
1III.F.2. of SWRCB Resolution No. 92-49 (SecUon 2907, Title 23, of
this code); the SWRCB-promulgated sections of Subdivision 1 , Division
2, Title 27 of this code apply in a corresponding fashion to unregulated
discharges to land of solid waste.
(b) Unless otherwise specified, alternatives to construction or pre-
scriptive standards contained in this chapter may be considered. Alterna-
tives shall only be approved where the discharger demonstrates that:
( 1 ) the construction or prescriptive standard is not feasible as provided
in subsection (c) of this section, and
(2) there is a specific engineered altemadve that
(A) is consistent with the performance goal addressed by the particular
construction or prescriptive standard; and
(B) affords equivalent protecdon against water quality impairment.
(c) To establish that compliance with prescripfive standards in this
chapter is not feasible for the purposes of subsection (b) of this secdon,
the discharger shall demonstrate that compliance with a prescriptive
standard:
(1) is unreasonably and unnecessarily burdensome and will cost sub-
standally more than alternadves which meet the criteria in subsecdon (b)
of this section; or
(2) is impracdcal and will not promote attainment of applicable per-
formance standards.
Regional boards shall consider all relevant technical and economic
factors including, but not limited to, present and projected costs of com-
pliance, potendal costs for remedial acdon in the event that waste or lea-
chate is released to the environment, and the extent of ground water re-
sources which could be affected.
(d) Waste management units which are operating, or have received all
permits necessary for construcdon and operation, on or before November
27, 1984 shall be designated as exisdng waste management units. This
includes disposal sites classified under previous regulations and unclas-
sified waste management units. Dischargers shall continue to operate ex-
isting waste management units under existing classifications and waste
discharge requirements until those classifications and requirements are
reviewed in accordance with Subsection 2591(c) of this chapter. Dis-
chargers who have not filed a report of waste discharge for an existing
waste management unit before the effective date of this chapter shall do
so within 60 days. Existing waste management units shall be closed and
maintained after closure according to Article 8 of this chapter. All other
waste management units, including expansions and reconstructions of
existing waste management units, shall comply with all applicable provi-
sions of this chapter, as summarized in Table 3.1 and in Subsection
2540(d) of this chapter. Pending review and reclassification, the follow-
ing provisions of this chapter shall apply to existing waste management
units:
(1) within six months, dischargers are required to develop monitoring
programs which comply with the requirements of Article 5 of this chapter
for existing waste management units, and shall submit such programs to
regional boards for approval; and
(2) dischargers may be required to submit additional technical and
monitoring reports to regional water quality control boards as determined
to be necessary on a case-by-case basis.
(e) In reviewing waste discharge requirements for existing waste man-
agement units, regional boards shall consider the results of monitoring
programs developed under subsection (d)(1) of this subsection and tech-
nical and monitoring reports submitted under subsection (d)(2) of this
section. Existing waste management units shall be reclassified according
to the geologic sitting criteria in Article 3 of this chapter (as summarized
in Table 3. 1) and shall be required to comply with applicable construc-
tion standards in Article 4 of this chapter (as summarized in subsection
2540(d) of this chapter) as feasible. To establish that retrofitting is not
feasible, the discharger shall be required to make the demonstrations in
subsections (b) and (c) of this section.
(f) Regional boards shall implement the regulations in this chapter
through the issuance of waste discharge requirements for waste manage-
ment units.
(g) Persons responsible for discharges at waste management units
which are closed, abandoned, or inactive on the effective date of these
regulations may be required to develop and implement a monitoring pro-
gram in accordance with Article 5 of this chapter. If water quality impair-
ment is found, such persons may be required to develop and implement
a corrective action program based on the provisions of this chapter.
(h) Discharges of mining waste, as defined in Subsection 2570(a) of
this chapter, shall be regulated only by the provisions of Article 7 of this
chapter and by such provisions of the other articles of this chapter as spe-
cifically referenced in Article 7.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13142,
13260 and 13263, Water Code.
History
1. New chapter 15 (Sections 2500, 2510-2513, 2520-2522, 2530-2536, 2540.
2541. 2550) filed 3-10-72; effective thirtieth day thereafter (Register 72, No.
11).
2. New subsections (i)-(l) filed 6-4-80; effective thirtieth day thereafter (Register
80, No. 23).
3. Repealer of chapter 15 (Sections 2500-2567, not consecutive) and new chapter
15 (Sections 2500-2601, not consecutive) filed 11 -27-84; effective upon filing
pursuant to Government Code Section 11346.2(d) (Register 84, No. 49). For
prior history, see Registers 78, No. 9; 73, No. 48; 73, No. 10 and 72, No. 53.
4. Amendment of subsections (a) and (d)-(h), repealer of subsection (i) and
amendment of NOTE filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§2511. Exemptions.
The following activities shall be exempt from the provisions of this
chapter.
(a) Discharges of domestic sewage or treated effluent which are regu-
lated by waste discharge requirements issued pursuant to Article 9 of this
chapter, or for which waste discharge requirements have been waived,
and which are consistent with applicable water quality objectives, and
treatment or storage facilities associated with municipal wastewater
treatment plants, provided that residual sludges or solid waste from
wastewater treatment facilities shall be discharged only in accordance
with the applicable provisions of this chapter.
(b) Discharges of wastewater to land, including but not limited to
evaporation ponds, percolation ponds, or subsurface leachfields if the
following conditions are met:
(1) the applicable regional board has issued waste discharge require-
ments, reclamation requirements, or waived such issuance;
(2) the discharge is in compliance with the applicable water quality
control plan; and
(3) the wastewater does not need to be managed according to Chapter
30 of Division 4 of Tide 22 of this code as a hazardous waste.
(c) Discharges of waste to wells by injection pursuant to the Under-
ground Injection Control Program established by the United States Envi-
ronmental Protection Agency (USEPA) under the Safe Drinking Water
Act, (42 U.S. Code Section 300[h], see Tide 40 of the Code of Federal
Regulations, Parts 144 to 146, 40 CFR 144 to 146).
(d) Actions taken by or at the direction of public agencies to cleanup
or abate conditions of pollution or nuisance resulting from unintentional
or unauthorized releases of waste or pollutants to the environment; pro-
vided that wastes, pollutants, or contaminated materials removed from
the immediate place of release shall be discharged according to Article
2 of this chapter; and further provided that remedial actions intended to
contain such wastes at the place of release shall implement applicable
provisions of this chapter to the extent feasible.
Page 89
Register 97, No. 25; 6-20-97
§2520
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(e) Discharges of condensate from methane gas recovery operations
at classified waste management units if the following conditions are met:
( 1 ) condensate shall have no chemical additives which could adverse-
ly affect containment features, and shall consist only of water and liquid
contaminants removed from gas recovered at a waste management unit;
(2) condensate shall be discharged to a different landfill waste man-
agement unit with a leachate collection and removal system operated un-
der waste discharge requirements issued by the regional board, or re-
turned to the waste management unit(s) from which it came; and
(3) the discharger shall submit a report of waste discharge to the re-
gional board pursuant to Article 9 of this chapter, and shall discharge con-
densate only in compliance with waste discharge requirements.
(f) Use of nonhazardous decomposable waste as a soil amendment
pursuant to applicable best management practices, provided that regional
boards may issue waste discharge or reclamation requirements for such
use.
(g) Discharges of drilling mud and cuttings from well-drilling opera-
tions, provided that such discharges are to on-site sumps and do not con-
tain halogenated solvents. At the end of drilling operations, the discharg-
er shall either:
(1) remove all wastes from the sump; or
(2) remove all free liquid from the sump and cover residual solid and
semi-solid wastes, provided that representative sampling of the sump
contents after liquid removal shows residual solid wastes to be nonhaz-
ardous. If the sump has appropriate containment features, it may be re-
used.
(h) Recycling or other use of materials salvaged from waste, or pro-
duced by waste treatment, such as scrap metal, compost, and recycled
chemicals, provided that discharges of residual wastes from recycling or
treatment operations to land shall be according to applicable provisions
of this chapter.
(i) Waste treatment in fully enclosed facilities, such as tanks, or in con-
crete-lined facilities of limited areal extent, such a oil-water separators
designed, constructed, and operated according to American Petroleum
Institute specifications.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13142,
13260 and 13269, Water Code.
History
1. Amendment of first paragraph and subsections (a). (b)(l)-(2). (c), (d),
(e)(IH3), {g)(l) and (h), and amendment of NOTE filed 6-18-97; operative
7-18-97 (Register 97, No. 25).
Article 2.
Waste Classification and
Management
§ 2520. Applicability and Classification Criteria.
(a) This article contains a waste classification system which applies to
wastes that cannot be discharged directly or indirectly to waters of the
state and which therefore must be discharged to land for treatment, stor-
age, or disposal in accordance with the requirements of this subchapter.
Wastes which can be discharged directly or indirectly to waters of the
state are regulated under waste discharge requirements which implement
applicable water quality control plans and are not subject to the provi-
sions of this subchapter. This waste classification system shall provide
the basis for determining which wastes may be discharged at each class
of waste management unit. Waste classifications are based on an asses-
sment of the potential risk of water quality degradation associated with
each category of waste.
(1) The waste classifications in this article shall determine where the
waste may be discharged unless the discharger establishes, to the satis-
faction of the regional board, that a particular waste constituent or combi-
nation of constituents presents a lower risk of water quality degradation
than indicated by classification according to this article.
(2) Discharges of wastes identified in Sections 2521, 2522, or 2523 of
this article shall be permitted only at waste management units which have
been approved and classified by the appropriate regional board in accor-
dance with the criteria established in Article 3 of this subchapter, and for
which waste discharge requirements have been prescribed or \vai ved pur-
suant to Article 9 of this subchapter. Table 2. 1 presents a summary of dis-
charge options for each waste category.
(b) The following wastes shall be discharged only at dedicated waste
management units which are designed and constructed to contain such
wastes:
( 1 ) wastes which cause corrosion or decay, or otherwise reduce or im-
pair the integrity of containment stmctures;
(2) wastes which, if mixed or commingled with other wastes under
conditions, produce violent reaction, heat or pressure, fire or explosion,
toxic byproducts, or reaction products which:
(A) require a higher level of containment,
(B) are restricted wastes, or
(C) impair the integrity of containment structures.
(c) Dischargers shall be responsible for accurate characterization of
wastes, including determinations of whether or not wastes will be com-
patible with containment features and other wastes at a waste manage-
ment unit under subsection (b) of this section, and whether or not wastes
are required to be managed as hazardous wastes under Section 66300 of
Title 22 of this code.
(d) Management of liquids at classified waste management units:
(1) No liquid waste, or containers containing free liquid, sfiall be dis-
charged to a Class I landfill or waste pile unless the waste has been treated
to eliminate fee liquids. Liquid waste may be treated by evaporation,
mixture with sorbent solids, chemical reaction, or other means. Excep-
tions to this rule may be granted by regional boards for landfill disposal
of:
(A) Small containers which will not, individually or cumulatively, add
a significant volume of liquid to the landfill, provided that, for tiazardous
waste, the exemption shall be available only for very small containers,
such as ampoules;
(B) Containers designed to hold free liquids for reasons other than
storage (e.g., batteries, capacitors), provided that such containers are
sealed and less than 3 cubic feet (56.5 litres) in volume; or
(C) lab packs, as defined in Section 67424 of Title 22 of this code, pro-
vided that such lab packs are disposed of as required by that section;
(D) bulk or noncontainerized liquids, provided that the regional board
finds that there is no feasible alternative to discharge at a landfill, that a
minimum solids-to-liquids ratio of 5:1 by weight is maintained at the
landfill, that the landfill is equipped with a liner and a leachate collection
and removal system, and provided that such discharges shall no; continue
after December 31, 1989.
(2) Wastes containing free liquids may not be discharged to a Class II
waste pile. Any waste that contains liquid in excess of the moisture-hold-
ing capacity of the waste in the Class II landfill, or which may contain
liquid in excess of the moisture-holding capacity as a result of waste
management operations, compaction, or settlement shall only be dis-
charged to a surface impoundment or to a waste management unit with
containment features equivalent to a surface impoundment.
(3) Liquids or semi-solid waste (i.e., waste containing less than 50per-
cent solids), other than dewatered sewage or water treatment sludge as
described in Subsection 2523(c) of this article, shall not be discharged to
Class in landfills. Exceptions may be granted by the regional board if the
discharger can demonstrate that such discharge will not exceed the mois-
ture-holding capacity of the landfill, either initially or as a result of waste
management operations, compaction, or settlement.
Page 90
Register 97, No. 25; 6-20-97
Title 23
State Water Resources Control Board
§ 2530
NOTI:: Authority cited; Section 1058, Water Code. Reference: Section 13172,
Water Code.
TABLE 2.1. SUMMARY OF WASTE MANAGEMENT STRATE-
GIES FOR DISCHARGES OF WASTE TO LAND'
Waste
Siting
Waste
Management
Piiman
and
Waste
Management
Unit
Contain-
Geologic
Cak'f'oiy — ^
Strategy Class
Type
menf^
Criteria ^
Liquid
Full
I
Surface
Double
(a) Natural fea-
Hazardous 6
Containment
Impoundment
Liners ^
tures capable of
containing waste
and leachate as
backup to primary
containment.
Solid
Full
I
Landfill
Double
Hazardous 6
Containment
Liners ^
Dry
Full
I
Waste
Double
(b) Not located
Solid
Containment
Pile Liners ^- ^
in areas of
unacceptable
risk from
Hazardous ^
geologic or
environmental
hazards.
Liquid
Full
II
Surface
Double
(a) Natural fea-
Designated
Containment
Impoundment
Liners ^•'=
* tures capable
(including
of containing
undewatered
waste and
sludge)
leachate may
satisfy
primary contain-
ment
requirements.
Solid
Full
II
Landfill
Single
Designated
Containment
Dry
Full
II
Waste
Sinele
iner 1(^11
(b) May be loc-
Solid
Containment
Pile L
ated in most
Designated
areas except
high risk
areas.
Nonhazardous
Protect
III
Landfill
None 12
(a) Consider-
Solid Waste
Beneficial
ation of factors
(including de-
Uses
listed in
watered sludge
Subsection
and acceptable
2533(b) ^2
incinerator ash)
(b) May be loc-
ated in most
areas except
high risk areas.
' See Sec. 2510 for apphcability to existing facilities.
~ Waste in any category may be discharged at waste management units with higher
levels of containment ability.
3 Wastes suitable for land treatment in any category may be discharged at land
treatment facilities.
^ See Article 4 of this subchapter.
^ See Article 3 of this subchapter.
^ Certain hazardous wastes may be discharged at Class II waste management
units, see Sec. 2522(a)(2).
^ Leachate collection and removal system (LCRS) required.
^ Single liner may be acceptable, see Table 4.1.
^ Suitable natural features may satisfy requirements for outer liner where double
liners are needed. Single replaceable clay liner (no LCRS) also acceptable.
'^ Suitable natural features may satisfy primary containment requirement.
' ' LCRS required as appropriate.
12 Units at sites not meeting sitting and geologic criteria must have a single liner
and LCRS.
§ 2521 . Hazardous Waste.
(a) Hazardous waste is any waste which, under Section 66261.3 of
Title 22 of this code, is required to be managed according to Chapter 1 1
of Division 4.5 of Title 22 of this code.
(b) Hazardous wastes shall be discharged only at Class I waste man-
agement units which comply with the applicable provisions of this chap-
ter unless wastes qualify for a variance under Section 66260.2 1 of Title
22 of this code.
(c) Wastes which fall under the restrictions of Chapter 18 of Division
4.5 of Title 22 of this code (§66268. 1 et seq.) shall not be discharged for
treatment, storage, or disposal except as provided in that chapter.
NOTE; Authority cited; Section 1058, Water Code. Reference; Sections 1 3050 and
13172, Water Code.
History
1. Amendment of subsections (a), (b) and (c), and repealer of subsections
(c)(l)-(3) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect amending subsection (a) filed 4-1-2003 pur-
suant to section 100, title 1, California Code of Regulations (Register 2003, No.
14).
§ 2522. Designated Waste.
NOTE; Authority cited; Section 1058, Water Code. Reference; Section 13172,
Water Code.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2523. Nonhazardous Solid Waste.
NOTE; Authority cited; Section 1058, Water Code. Reference; Section 13172,
Water Code.
History
1. Repealer filed 6-18-97; operadve 7-18-97 (Register 97, No. 25).
§ 2524. Inert Waste.
NOTE; Authority cited; Section 1058, Water Code. Reference; Section 13172,
Water Code.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 3. Waste Management Unit
Classification and Siting
§ 2530. Classification and Siting Criteria.
(a) Waste management units shall be classified according to their abil-
ity to contain wastes. Containment shall be determined by geology, hy-
drology, topography, climatology, and other factors relating to the ability
of the waste management unit to protect water quality. A waste manage-
ment facility may consist of several waste management units each with
a different classification. [Note: for Units that receive only solid waste,
see §20200-§20260, Subdivision 1, Division 2, Title 27 of this Code].
Classification of waste management units for hazardous waste shall be
based on the criteria contained in this article, on field inspections by
RWOCB and State Water Resources Control Board staffs, and on other
pertinent information. Information used to classify waste management
units shall be submitted according to the provisions of Article 9 of this
chapter. Classified waste management units shall comply with appropri-
ate waste discharge requirements.
(b) Existing waste management units for, or that contain, hazardous
waste shall be reclassified according to applicable criteria in this article,
provided that such units:
(1) comply with siting criteria for each category of existing units in
Section 2531 of this article, and summarized in Table 3.1 of this article;
and
(2) are operating in compliance with Subsection 25 10(d) of this chap-
ter.
(c) All new Class I landfills, waste piles, and surface impoundments
shall be sited, designed, constructed, and operated to ensure that wastes
will be a minimum of 5 feet above the highest anticipated elevation of un-
derlying ground water. Existing landfills, waste piles, and surface im-
poundments shall be operated to ensure that wastes will be a minimum
of 5 feet above the highest anficipated elevation of underlying ground
water. For new and existing land treatment units, the base of the treatment
zone shall be a minimum of 5 feet above the highest anticipated elevation
of underlying ground water and dischargers shall not be entitled to ex-
emption under Subsection 2510(b) of this chapter.
(d) All containment structures at waste management units shall have
a foundation or base capable of providing support for the structures and
Page 91
Register 2003, No. 14; 4-4-2003
§2531
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
capable of withstanding hydraulic pressure gradients to prevent failure
due to settlement, compression, or uplift as certified by a registered civil
engineer or certified engineering geologist.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13 172 and
13360, Water Code.
History
1 . Amendment of subsections (a)-(c) filed 6-18-97; operative 7-18-97 (Register
97, No. 25).
§ 2531 . Class I: Waste Management Units for Hazardous
Waste.
(a) Class I disposal units shall be located where natural geologic fea-
tures provide optimum conditions for isolation of wastes from waters of
the state. The classification criteria for new disposal units in this section
shall be applied to new treatment and storage units, and shall be used for
reclassification of existing waste management units according to the fol-
lowing categories:
( 1 ) existing units at disposal sites approved as Class I under previous
regulations and any expansion or reconstruction thereof (designated as
'T" in Table 3.1);
(2) existing units at disposal sites approved as limited Class I ("I") or
Class II-l ("II-l") under previous regulations;
(3) existing units used for treatment or storage of hazardous wastes
("T/S"), whether or not classified under previous regulations; and
(4) reconstruction ("REC") or Expansion ("EX") of existing units de-
scribed in subsections (a)(2) and (a)(3) of this section.
(b) Geologic Setting
(1 ) New and existing Class I units shall be immediately underlain by
natural geologic materials which have a permeability of not more than 1
X 10~^ cm/sec, and which are of sufficient thickness to prevent vertical
movement of fluid, including waste and leachate, from waste manage-
ment units to waters of the state as long as wastes in such units pose a
threat to water quality. Class I units shall not be located where areas of
primary (porous) or secondary (rock opening) permeability greater than
1 X 10"^ cm/sec could impair the competence of natural geologic materi-
als to act as a barrier to vertical fluid movement. These provisions do not
apply to Class I land treatment facilities.
(2) Natural or artificial barriers shall be used to prevent lateral move-
ment of fluid, including waste and leachate.
(c) Flooding — New disposal units and existing units in Category I oth-
er than existing land treatment units, shall be located outside of flood-
plains subject to inundation by floods with a 1 00-year return period. Oth-
er existing units and new treatment and storage units may be located
within such floodplains provided that such units are designed, con-
structed, operated, and maintained to prevent inundation or washout due
to floods with a 100-year return period.
(d) Ground Rupture — New units and existing units in Categories I, I',
REC, and EX, other than existing land treatment units, shall have a
200-foot setback from any known Holocene fault. Existing units in Cate-
gories II-l and T/S and existing land treatment units may be located
within 200 feet of a known Holocene fault, provided that containment
structures are capable of withstanding ground accelerations associated
with the maximum credible earthquake.
(e) Rapid Geologic Change — New disposal units and existing units in
Categories I, F, and EX, other than existing land treatment units, shall be
located outside areas of potential rapid geologic change. Other units may
be located in such areas if containment structures are designed, con-
structed, and maintained to preclude failure, as a result of such changes.
(f) Tidal Waves — New disposal units shall be located outside areas
subject to tsunamis, seiches, and surges. Other units may be located with-
in these areas if designed, constructed, and maintained to preclude failure
due to such events.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13 172 and
13360, Water Code.
History
1. Amendment of subsections (a)(l)-(3) and (b)(1) and Table 3.1 filed 6-18-97;
operative 7-18-97 (Register 97, No. 25).
Table 3.1 Geologic and Siting Criteria for Class 1
Waste Management Units
Waste Management Unit Classification
Site Charac-
teristics
New Class I
Reclassification of
Existini> Class I'
Geologic
Setting
Maximum attainable isolation
from ground water; see Section
253 Kb) of tliis article.
I II 11-1 T/S l^<^' EX
Yes Yes Yes Yes Yes Yes
Flooding
Outside of 100-year
floodplain.'*
Yes No-^ No-*^ No^ No-^ No-''
Ground
Rupture
200' setback from known
Holocene fault.
Yes Yes No-"^ No^ Yes Yes
Rapid
Geologic
Change
Outside subject area
(potential to impair
containment)-^
Yes Yes No^ No'' No-'' Yes
Tidal
Waves^
Outside subject
coastal areas.**
No siting restriction^
"Yes" means the unit shall comply with requirements for new Class 1 facilities.
' This category is defined in Subsecfion 2531(a) of this article.
- [Reserved.]
^ [Reserved.]
"* Waste management units used only for treatment and storage may be located
within prescribed areas, provided that exemption from applicable siting criteria is
conditioned on protection of treatment and storage from geologic or environmen-
tal hazards involved.
-'' Exemption from siting criteria does not release dischargers from the obligation
to protect waste management units from the geologic or environmental hazards in-
volved. Exemption is conditions on such protection.
^ "Tidal waves" includes tsunamis, seiches, and surge condition.
§ 2532. Class II: Waste Management Units for Designated
Waste.
NOTE: Authority cited: Section 1 058, Water Code. Reference: Sections 1 3 1 72 and
13360, Water Code.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 2533. Class III: Landfills for Nonhazardous Solid Waste.
Note: Authority cited : Section 1 058, Water Code. Reference: Sections 1 3 1 72 and
13360, Water Code.
History
1 . Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
Article 4. Construction Standards for Class
I Units
§ 2540. General Construction Criteria.
(a) Class I waste management units shall be designed and constructed
to prevent migration of wastes from the waste management units to adja-
cent geologic materials, ground water, or surface water, during disposal
operations, closure, and the post-closure maintenance period.
(b) [Reserved.]
(c) [Reserved.]
(d) New Class I landfills, waste piles, and surface impoundments shall
comply with the requirements of this article. Existing Class I waste piles
and surface impoundments shall be fitted with liners and leachate collec-
tion and removal systems as described in Sections 2542 and 2543 of this
article as feasible. Existing Class I landfills and waste piles shall have in-
terim cover as described in Section 2544 of this article. Exisiing Class I
landfills, waste piles, and surface impoundments shall be fitted with sub-
surface barriers as described in Section 2545 of this article as needed and
feasible, and shall have precipitation and drainage control facilities as de-
scribed in Section 2546 of this article. Existing Class I surface impound-
ments shall comply with Section 2548 of this article. New and existing
Page 92
Register 2003, No. 14; 4-4-2003
Title 23
State Water Resources Control Board
§2541
Class I land treatment units shall comply with Section 2549 of this article.
All existing Class I waste management units shall comply with the seis-
mic design criteria in Section 2547 of this article.
(e) Containment structures shall be designed hy and construction shall
be supervised and certified by a registered civil engineer or a certified en-
gineering geologist. Facilities shall receive a final inspection and approv-
al of the construction by regional board or State Board staff before use
of the facility commences.
(f) The integrity of containment stmcmres shall be maintained. Exca-
vations made as part of discharge operations shall not result in removal
of any portion of a containment stmcture.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13360, Water Code.
History
1 . Amendment of article heading and subsections (a)-(d) filed 6-1 8-97; operative
7-18-97 (Register 97, No. 25).
§ 2541. General Criteria for Containment Structures.
(a) Materials used in containment structures shall have appropriate
chemical and physical properties to ensure that such structures do not fail
to contain waste because of pressure gradients (including hydraulic head
and external hydrogeologic forces), physical contact with the waste or
leachate. chemical reactions with soil and rock, climatic conditions, the
stress of installation, and the stress of daily operation.
(b) Permeabilities specified for containment structures other than cov-
er shall be relative to the fluids, including waste and leachate, to be con-
tained. Permeabilities specified for final cover shall be relative to water.
(c) Permeabilities shall be determined primarily by appropriate field
test methods in accordance with accepted civil engineering practice. The
results of laboratory tests with both water and leachate, and field tests
with water, shall be compared to evaluate how the field permeabilities
will be affected by leachate. Appropriate compaction tests may be used
in conjunction with laboratory permeability tests to determine field per-
meabilities as long as a reasonable number of field permeability tests are
also conducted. One acceptable method for testing the compatibility of
leachate and clay liners (including the permeability of the liner to lea-
chate) is given in Appendix I.
(d) Earthen materials used in containment structures other than cutoff
walls and grout curtains shall consist of a mixture of clay and other suit-
able fine-grained soils which have the following characteristics, and
which, in combination, can be compacted to attain the required perme-
ability when installed. Liners made of such materials are referred to as
"clay liners" in this chapter.
(1) At least 30 percent of the material, by weight, shall pass a No. 200
U. S. Standard sieve.
(2) The materials shall be fine-grained soils with a significant clay
content and without organic matter, in the "SC" (clayey sand), "CL"
(clay, sandy or silty clay), or "CH" (clay, sandy clay) classes of the Uni-
fied Soil Classification system.
(e) Constnicfion standards for waste management units other than land
treatment are given on Table 4. 1 and in Figure 4. 1 .
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13360, Water Code.
Table 4.1. Construction Standards for Waste Management Units'
Waste
Mgmt Unit
Classification
Type of Waste
Management
Unit
Clay Liner(^>
Synthetic
Liner
Leachate
Collection and
Removal System
Subsurface Barriers
Interim Cutoff' Grout
Cover Walls Curtains
Capacity of
Precipitation and
Drainage Control Seismic
Facilities Design
Class I Landfill required, required^^^ required, blanket required
< 1 * 1 0"^ cm/sec type
Surface double liner^^^ required^^^ required, blanket
Impoundment <1* 10"^ cm/sec type
Waste Pile optional^"*^ may be*^^ required,
<1* 10"^ cm/sec required blanket type
required
<1*10-'^ <1* 10-'^ cm/sec probable
cm/sec('0) maximum
precipitation
<l*10-'7 <1* 10-7 cm/sec
cm/sec^^^)
<l*10-'7 <1* 10-7 cm/sec
cm/sec^ ^"^^
withstand
maximum
credible
earthquake
' Applicable regulations in this article may provide for exemptions to certain requirements. Subsection 2540(d) of this article describes applicability to existing facilities.
~ All permeabilities specified in this table are maximum allowable permeabilities.
3 Outer liner shall be a clay liner; inner liner may be a synthetic liner instead of a clay liner if inspected according to Subsection 2548(f) of this article.
"^A synthetic liner alone may be allowed based on nature of waste to be contained and duration of the operation. A waste pile with a synthetic liner alone may not be
closed as a landfdl pursuant to Section 2583 of this chapter. The synthetic liner permeability shall be the same or less than that which would be required for a clay liner.
^ [Reserved.]
^ [Reserved.]
^Synthetic inner liner required in addition to a clay outer liner unless exempted pursuant to Subsection25 10(b) of this chapter
^ Synthetic inner Uner required in addition to a clay Uner unless the surface impoundment is closed according to Subsection 2582(b)( 1 )of this chapter, or unless exempted
pursuant to Subsection 2510(b) of this chapter.
^ Synthetic inner liner required unless the pile is closed according to Subsection 2583(a)(1), or unless exempted pursuant to Subsection 2510(b) of this chapter
^'^ Cutoff walls required where there is potential for lateral movement of fluid, including waste or leachate.
Page 93
Register 97, No. 25; 6-20-97
§2542
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
FIGURE 4.1
CLAY & SYNTHETIC LINER REQUIREMENTS FOR
CLASS I LANDFILLS, WASTE PILES, & SURFACE IMPOUNDMENTS
SWRCB APPROACH
FOR WASTE CONTAINMENT
NECESSARY TO COMPIV
WITH HWMS (40 CFR PARTS
264.221. 264.251 AND 264.3011
r
CLAY UNER*
r
SYNTHETIC LINER**
COMBINATION. NEEDED
TO COMPLY WITH REQUIREMENTS
OF THIS CHAPTER
SYNTHETIC LINER
\ CWY LINER
LANOFILl
■ CLAY LINER
^SYNTHETIC LINER'
SYNTHETIC LINER
CLAY UNER
WASTE
PILE
ACCEPTABILITY OF SYNTHETIC
LINER DEPENDS ON:
(1) NATURE OF WASTE
(2) DURATION OF OPERATION
(3) REMOVAL OF LINER AT END
OPERATION
LINER AND WASTE ARE TO
BE REMOVED AT CLOSURE
LINER AND WASTE ARE TO
BE REMOVED AT CLOSURE
LINER AND WASTE ARE TO
BE REMOVED AT CLOSURE
SYNTHETIC LINER
CLAY LINER
SURFACE
IMPOUNDMENT
,LEACHATE COLLECTION AND
>/ REMOVAL SYSTEM
—SYNTHETIC LINER
"—CLAY LINER
"•—NATURAL GEOLOGIC MATERIALS
HEAVY PATTERN SIGNIFIES PERMEAGILITV<U 10 "CM/SEC
LINER AND WASTE ARE TO
BE REMOVED AT CLOSURE
OR
TSYNTHETIC UNER*
*ALL CLAY LINER PERMEABILITIES ARE hlO "CM/SEC OR LESS
•MAY BE EXEMPTED IF IT CAN BE DEMONSTRATED THAT ALTERNATE DESIGN AND OPERATING PRACTICES. TOGETHER WITH LOCATION
CHARACTERISTICS. WILL PREVENT THE MIGRATION OF HAZARDOUS CONStTUENTS INTO SOIL GROUND WATER Oft SURFACE WATER AT ANY
FUTURE TIME (PURSUANT TO 40 CFR PARTS 264.301(1)). 264.2Sl(b), and 264 221(b})
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13360, Water Code.
History
1 . Amendment of Table 4. 1 and new footnotes 7, 8 and 9 filed 6-12-85; effective
upon filing pursuant to Government Code Section 1 1 346.2(d) (Register 85, No.
24).
2. Amendment of subsections (d) and (e). Table 4.1 and Figure 4.1, and repealer
of figure 4.2 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2542. Liners.
(a) Liners shall be designed and constructed to contain the fluid, in-
cluding waste and leachate, as required by Article 3 of this chapter.
(b) Clay liners for a Class I waste management unit shall be a minimum
of 2 feet thick and shall be installed at a relative compaction of at least
90 percent.
(c) Synthetic liners shall have a minimum thickness of 40 mils.
(d) Liners shall be installed to cover all natural geologic naterials at
a waste management unit likely to be in contact with waste or leachate.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13360, Water Code.
History
1 . Amendment of subsections (a)-(c) and repealer of subsection (e) fil(;d 6-18-97;
operafive 7-18-97 (Register 97, No. 25).
§ 2543. Leachate Collection and Removal Systems.
(a) Leachate collection and removal systems are required for Class I
landfills, surface impoundments, and waste piles. The systems shall be
installed directly above underlying containment features for landfills and
waste piles, and installed between the liners for surface impoundments.
Leachate collection and removal systems requirements are summarized
on Table 4. 1 .
Page 94
Register 97, No. :i5; 6-20-97
Title 23
State Water Resources Control Board
§2546
(b) Where leachate collection and removal systems are used, they shall
be installed immediately above the liner, or between the inner and outer
liner of a double-liner system, and shall be designed, constructed, main-
tained, and operated to collect and remove twice the maximum antici-
pated daily volume of leachate from the waste management unit.
(c) Regional boards shall specify design and operating conditions in
waste discharge requirements to ensure that there is no buildup of hy-
draulic head on the liner. The depth of fluid in the collection sump shall
be kept at the minimum needed to ensure efficient pump operation.
(d) Leachate collection and removal systems shall be designed and op-
erated to function without clogging through the scheduled closure of the
waste management unit and during the post-closure maintenance period.
The systems shall be tested at least annually to demonstrate proper opera-
tion. The results of the tests shall be compared with earlier tests made un-
der comparable conditions.
(e) Leachate collection and removal system shall consist of a perme-
able subdrain layer which covers the bottom of the waste management
unit and extends as far up the sides as possible, (i.e., blanket-type). The
collection and removal system shall be of sufficient strength and thick-
ness to prevent collapse under the pressures exerted by overlying wastes,
waste cover materials, and by any equipment used at the waste manage-
ment units.
(f) [Reserved.]
(g) Collected leachate shall be system returned to the waste manage-
ment unit(s) from which it came or discharged in another manner ap-
proved by he regional board. Collected leachate may be discharged to a
different waste management unit if:
( 1 ) the receiving waste management unit has a leachate collection and
removal system, contains wastes which are similar in classification and
characteristics to those in the waste management unit{s) from which lea-
chate was extracted, and has at least the same classification under Article
3 of this chapter as the units from which leachate was extracted; and
(2) the discharge to a different waste management unit is approved by
the regional board; and
(3) the discharge of leachate to a different waste management unit
shall not exceed the moisture-holding capacity of the receiving unit, and
shall comply with Subsection 2520(d) of this chapter.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 13172 and
13360, Water Code.
History
1 . Amendment of subsections (a) and (e), repealer of subsection (f), and amend-
ment of subsections (g)(1) and (g)(3) filed 6-18-97; operative 7-18-97 (Regis-
ter 97, No. 25).
§ 2544. Interim Cover.
(a) Interim cover at landfills is daily cover and intermediate cover as
defined by the California Waste Management Board.
(b) Interim cover over wastes discharged to a landfill shall be designed
and constructed to minimize percolation of precipitation through wastes.
(c) Class I waste piles shall be covered as necessary to prevent percola-
tion of precipitation through wastes.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 13172 and
13360, WaterCode.
History
1 . Amendment of subsection (c) and repealer of subsection (d) filed 6-1 8-97; op-
erative 7-18-97 (Register 97, No. 25).
§ 2545. Subsurface Barriers.
(a) Subsurface barriers are cutoff walls or grout curtains which are
used in conjunction with natural geologic materials to assure that lateral
permeability standards specified in Article 3 of this chapter are satisfied.
Subsections (b) and (c) specify conditions under which cutoff walls and
grout curtains are used.
(b) Cutoff walls
( 1 ) Cutoff walls are required at Class I waste management units where
there is potential for lateral movement of fluid, including waste or lea-
chate.
(2) Cutoff walls shall be:
(A) a minimum of two feet thick for clay materials; or
(B) a minimum of 40 mils thick for synthetic materials; and
(C) keyed a minimum of five feet into natural geologic material which
satisfies the applicable permeability requirements in Article 3 of this
chapter.
(3) If cutoff walls are used, excavations for waste management units
shall be keyed into natural geologic materials which satisfy applicable
permeability requirements in Article 3 of this chapter.
(4) At closure of a waste pile or surface impoundment, all contami-
nated natural geologic materials present between the cutoff walKs) and
the waste shall be removed and disposed of at an authorized location, or
the waste management unit shall be closed as a landfill.
(5) Cutoff walls shall have fluid collection systems installed upgradi-
ent of the structure. The systems shall be designed, constructed, operated,
and maintained to prevent the buildup of hydraulic head against the struc-
ture. The collection system shall be inspected regularly, and accumulated
fluid shall be removed.
(c) Grout Curtains
(1) Grout curtains may be used as needed to prevent lateral waste
movement through fractures in natural geologic materials that otherwise
satisfy applicable permeability requirements in Article 3 of this chapter.
Only fractures that are at or near the surface and are of limited vertical
extent may be grouted.
(2) The acceptability of grout curtains for a waste management unit
shall include consideration of:
(A) depth and nature of fracturing; and
(B) fracture orientation.
(3) Grout characteristics shall not be adversely affected by fluid, in-
cluding waste and leachate, or natural conditions.
(4) Optimum grouting pressure and placement of grout holes shall be
determined by test grouting.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13 172 and
13360, WaterCode.
History
1. Amendment of subsections (a), (b)(1), (b)(2)(C) and (b)(3) filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25).
§ 2546. Precipitation and Drainage Controls.
(a) Class I waste management units and containment structures shall
be designed and constructed to limit, to the greatest extent possible,
ponding, infiltration, inundation, erosion, slope failure, washout, and
overtopping under the precipitation conditions specified in Table 4. 1 of
this article.
(b) Precipitation on Class I landfills or waste piles which is not di-
verted by covers or drainage control systems shall be collected and man-
aged through the leachate collection and removal system, which shall be
designed and constructed to accommodate precipitation conditions spe-
cified in Table 4.1 of this article.
(c) Diversion and drainage facilities shall be designed and constructed
to accommodate the anticipated volume of precipitation and peak flows
from surface runoff under the precipitation conditions specified in Table
4.1 of this article.
(d) Collection and holding facilities associated with precipitation and
drainage control systems shall be emptied immediately following each
storm or otherwise managed to maintain the design capacity of the sys-
tem.
(e) Surface and subsurface drainage from outside of a waste manage-
ment unit shall be diverted from the waste management unit.
(f) Cover materials shall be graded to divert precipitation from the
waste management unit, to prevent ponding of surface water over wastes,
and to resist erosion as a result of precipitation with the return frequency
specified in Table 4. 1 of this article.
Note: Authority cited: Section 1 058, Water Code. Reference: Sections 13172 and
13360, WaterCode.
History
1. Amendment of subsections (a)-(d) and (f) filed 6-18-97; operative 7-18 97
(Register 97, No. 25).
Page 95
Register 97, No. 25; 6-20-97
§2547
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 2547. Seismic Design.
Class I waste management units shall be designed to withstand the
maximum credible earthquake without damage to the foundation or to
the structures which control leachate, surface drainage, erosion, or gas.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13360, Water Code.
History
1 . Amendment filed 6-18-97; operative 7-18-97 (Register 97. No. 25).
§ 2548. Special Requirements for Surface Impoundments.
(a) Surface impoundments shall have sufficient freeboard to accom-
modate seasonal precipitation and precipitation conditions specified in
Table 4.1 of this article but in no case less than 2 feet (measured vertical-
ly), and shall be designed and constructed to prevent overtopping as a re-
sult of wind conditions likely to accompany such precipitation condi-
tions. A freeboard of less than 2 feet may be allowed at interior surface
impoundments of a waste management facility where potential over-
flows would be to exterior surface impoundments, the operation imple-
ments a properly developed water balance plan, and the facility is pro-
vided with a fail-safe emergency retention area solely for the purpose of
containing wastes due to surface impoundment failures.
(b) An operation plan shall be submitted to the regional board which
will provide operation levels and waste input quantities permitted each
month based on anticipated precipitation and on past precipitation condi-
tions for the year.
(c) Direct pipeline discharge to surface impoundments shall be either
equipped with devices or shall have fail-safe operating procedures to
prevent overfilling. Discharges shall be stopped in the event of any con-
tainment system failure which causes a threat to water quality.
(d) There shall be no discharge from a surface impoundment except
as authorized by waste discharge requirements.
(e) Surface impoundments shall be designed and constructed to pre-
vent scouring of containment structures at points of discharge into the im-
poundments and by wave action at the waterline.
(0 All visible portions of synthetic liners shall be inspected weekly un-
til all free liquid is removed from the surface impoundment as part of clo-
sure. If, during the active life of the impoundment, the wastes are re-
moved and the bottom of the impoundment cleaned down to the liner, an
inspection shall be made of the bottom of the liner prior to refilling of the
impoundment.
NOTE: Authority cited: Section 1 058, Water Code. Reference: Sections 13172 and
13360, Water Code.
History
1. Amendment of subsections (a) and (f) filed 6-18-97; operative 7-18-97 (Reg-
ister 97, No. 25).
§ 2549. Special Requirements for Land Treatment
Facilities.
(a) Dischargers operating land treatment faciliUes shall comply with
the general criteria specified in Subsecfions 2541(a) and (d) of this ar-
ticle, with the precipitation and drainage controls specified in Section
2546 of this article, and with the seismic design criteria in Section 2547
of this article.
(b) Dischargers shall design, construct, operate, and maintain land
treatment units to maximize the degradation, transformation, and immo-
bilization of waste constituents in the treatment zone.
NOTE; Authority cited: Section 1058, Water Code. Reference: Secfions 13172 and
13360, Water Code.
History
1. Amendment of subsection (b) filed 6-18-97; operative 7-18-97 (Register 97,
No. 25).
Article 5. Water Quality Monitoring and
Response Programs for Waste Management
Units
§ 2550. Applicability.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 131 72 and
13267, Water Code.
History
1 . Repealer and amendment of Article 5 heading filed 5-24-91 ; operative 7-1-91
(Register 91, No. 22). For prior history see. Register 84, No. 49.
§ 2550.0. Applicability.
(a) The regulations in this article apply to owners or operators of facili-
ties that treat, store, or dispose of hazardous waste at Class I waste man-
agement units. The owner or operator of a surface impoundment, waste
pile, landfill, or land treatment unit that receives or has received waste
(hereinafter referred to as "waste management units") that is subject to
this chapter, pursuant to Article 1 of this chapter, shall comply with the
provisions of this article for purposes of detecting, characteriz: ng, and re-
sponding to releases to ground water, surface water, or the unsaturated
zone. Additionally, notwithstanding any other provision of /^.rticle 1 of
this chapter, the provisions of this article apply to all waste management
units that received hazardous waste between July 26, 1982, aid Decem-
ber 8, 1984. Furthermore, §2550.4 of this article also applies to all deter-
minations of alternative cleanup levels for unpermitted discharges to
land of hazardous waste, pursuant to ^11. G. of SWRCB Resolution No.
92-49 (Section 2907, Title 23 of this code) [§20400 of Title 27 of this
code serves a similar function for unpermitted discharges to land of solid
waste].
(b) Waste discharge requirements shall contain a provision which re-
quires the discharger to obtain and maintain assurances of financial re-
sponsibility for initiating and completing corrective action for all known
or reasonably foreseeable releases from the waste management unit and
for initiating and completing all corrective action required f)ursuant to
subsection (c) of this section and section 2550.12 of this article. The dis-
charger shall obtain financial assurance meeting the requirements of this
subsection in accordance with the following schedule:
(1) all waste management units to which waste has not been dis-
charged as of 7-1-91 shall obtain financial assurances prior to discharg-
ing waste;
(2) waste management units in the following categories shall obtain
financial assurance within six months after 7-1-91:
(A) [Reserved.];
(B) [Reserved]; and
(C) Class I units that received hazardous waste after July 26, 1982.
(c) Dischargers seeking waste discharge requirements for treatment,
storage or disposal of hazardous waste at a facility shall comply with the
provisions of section 2550.12 of this article for all areas at the facility,
other than waste management units, from which hazardous wastes (or
hazardous constituents) have migrated, regardless of the time at which
waste was discharged.
(d) The regulations under this article apply during the active life of the
waste management unit and the closure period of the unit. After closure
of the waste management unit, the regulations in this article apply during
the post-closure maintenance period of the waste management unit and
during any compliance period under section 2550.6 of this article, unless:
( 1 ) the waste management unit has been in compliance witii the water
quality protection standard for a period of three consecutive years; and
(2) all waste, waste residues, contaminated containment system com-
ponents, contaminated subsoils, and all other contaminated materials are
removed or decontaminated at closure.
Page 96
Register 97, No. :25; 6-20-97
Title 23
State Water Resources Control Board
§ 2550.4
(e) For purposes of this article, subsections 2510(b) and (c) of Article
1 of this chapter do not apply.
(f) For waste management units which are operating, or have received
all permits necessary for constmction or operation on or before 7-1-9J ,
the discharger shall propose monitoring programs which comply with the
provisions of this article and submit these proposed programs to the re-
gional board. Owners or operators of Class I units shall make this submit-
tal within six months of 7-1-91 and the regional board shall revise the
waste discharge requirements to implement the provisions of this article
within one year of submittal. The discharger shall begin any necessary
construction within 30 days of regional board approval of the proposed
programs and shall implement the approved monitoring programs ac-
cording to a schedule of compliance established by the regional board.
NOTF: Authority cited: Section 1058, WaterCode. Reference: Sections 13 172 and
13267, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsections (a) and (b), repealer of subsections (a)(2)(A) and
(a)(2)(B), and amendment of subsection (f) filed 6-18-97; operative 7-18-97
(Register 97, No. 25).
§2550.1. Required Programs.
(a) A discharger subject to this article shall conduct a monitoring and
response program, approved by the regional board, for each waste man-
agement unit at the facility as follows.
( 1 ) The discharger shall institute a detection monitoring program un-
der section 2550.8 of this article except as required under Subsections
(a)(2), (a)(3), and (a)(4) of this section;
(2) The discharger shall institute an evaluation monitoring program
under section 2550.9 of this article whenever there is statistically signifi-
cant evidence of a release, pursuant to subsections 2550.8(g) or (i) of this
article, from the waste management unit during a detection monitoring
program;
(3) The discharger shall institute an evaluation monitoring program
under section 2550.9 of this article whenever there is significant physical
evidence of a release from the waste management unit. Significant physi-
cal evidence of a release includes unexplained volumetric changes in sur-
face impoundments, unexplained stress in biological communities, un-
explained changes in soil characteristics, visible signs of leachate
migration, and unexplained water table mounding beneath or adjacent to
the waste management unit and any other change to the environment that
could reasonably be expected to be the result of a release from the waste
management unit; and
(4) The discharger shall institute a corrective action program under
section 2550.10 of this article when the regional board determines pur-
suant to section 2550.9 of this article that the assessment of the nature and
extent of the release and the design of a Corrective Action Program have
been satisfactorily completed and the regional board approves the appU-
cation for an amended report of waste discharge for corrective action sub-
mitted by the discharger during an evaluation monitoring program pur-
suant to subsection 2550.9(d) of this article.
(b) The regional board shall specify in the waste discharge require-
ments the specific type or types of monitoring programs required and the
specific elements of each monitoring and response program. For each
waste management unit, the regional board shall require one or more of
the programs identified in subsection (a) of this section that is appropriate
for the prevailing state of containment at the waste management unit and
shall specify the circumstances under which each of the programs will be
required. In deciding whether to require the discharger to be prepared to
institute a particular program, the regional board shall consider the poten-
tial adverse effects on human health or the environment that might occur
before final administrative action on an amended report of waste dis-
charge to incorporate such a program could be taken.
(c) In conjunction with an evaluation monitoring program or a correc-
tive action program, the discharger shall continue to conduct a detection
monitoring program under section 2550.8 of this article as necessary to
provide the best assurance of the detection of subsequent releases from
the waste management unit.
Note: Authority cited: Section 1058, WaterCode. Reference: Sections 13172,
13263, 13267, and 13304, WaterCode.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§ 2550.2. Water Quality Protection Standard.
(a) For each Class I waste management unit, the regional board shall
estabhsh a water quality protection standard in the waste discharge re-
quirements. This water quality protection standard shall consist of the list
of constituents of concern under section 2550.3 of this article, the con-
centration limits under section 2550.4 of this article, and the point of
compliance and all monitoring points under section 2550.5 of this ar-
ticle.This water quality protection standard shall apply during the active
life of the waste management unit, the closure period, the post-closure
maintenance period, and during any compliance period under section
2550.6 of this article.
(b) If a discharger is conducting a detection monitoring program in
conjunction with an evaluation or corrective action program for a Class
I waste management unit pursuant to section 2550. 1 (c) of this article, the
regional board may establish separate water quality protection standards
for each program.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, and 13267, WaterCode.
History
1 . New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2550.3. Constituents of Concern.
For each Class I waste management unit, the regional board shall spec-
ify in the waste discharge requirements the constituents of concern to
which the water quality protection standard of section 2550.2 of this ar-
ticle applies. Constituents of concern are the waste constituents, reaction
products, and hazardous constituents that are reasonably expected to be
in or derived from waste contained in the waste management unit.
NOTE: Authoritv cited: Section 1058, Water Code. Reference: Sections 13172,
13263, and 13267, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2550.4. Concentration Limits.
[Note: The special applicability of this section is described in
§2550.0(a) of this article; see also §25 10(a) of this chapter.]
(a) For each constituent of concern specified pursuant to section
2550.3 of this article (or for a hazardous constituent that is addressed by
a cleanup and abatement action taken pursuant to SWRCB Resolution
No. 92-49 [section 2907, Title 23 of this code]), the discharger shall pro-
pose one of the following for each medium (including ground water, sur-
face water, and the unsaturated zone) that is monitored pursuant to sec-
tion 2550.7 of this article (or that is included in a cleanup and abatement
action under SWRCB Resolution No. 92^9):
(1) a concentration limit not to exceed the background value of that
constituent as determined pursuant to subsection 2550.7(e)( 1 1 )(A) of
this article;
(2) that the waste discharge requirements include a statement that, at
any given time, the concentration limit for that constituent will be equal
to the background value of that constiment, as determined pursuant to
subsection 2550.7(e)(ll)(B) of this article; or
(3) a concentration limit greater than background established pursuant
to this section for a corrective action program.
(b) The regional board shall review the proposed concentration limits
and statements and shall approve, modify, or disapprove each proposed
Hmit and each proposed statement. Upon final approval by the regional
board, each concentration limit and each statement shall be specified in
waste discharge requirements. The regional board shall approve more
than one concentration limit for different monitoring points in the same
medium only if:
Page 97
Register 97, No. 25; 6-20-97
§ 2550.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
( 1 ) more than one background condition exists within a particular me-
dium;
(2) the statistical method approved for a constituent uses intra-well
comparisons procedures; or
(3) concentration limits greater than background have been estab-
lished for a corrective action program at the monitoring points in the zone
affected by a release from the waste management unit.
(c) For a corrective action program, the regional board shall establish
a concentration limit for a constituent of concern that is greater than the
background value of that constituent only if the regional board finds that
it is technologically or economically infeasible to achieve the back-
ground value for that constituent and that the constituent will not pose a
substantial present or potential hazard to human health or the environ-
ment as long as the concentration limit greater than background is not ex-
ceeded. In making this finding, the regional board shall consider the fac-
tors specified in subsection (d) of this section, the results of the
engineering feasibility study submitted pursuant to subsection 2550.9(c)
of this article, data submitted by the discharger pursuant to subsection
2550.9(d)(2) of this article to support the proposed concentration limit
greater than background, public testimony on the proposal, and any addi-
tional data obtained during the evaluation monitoring program.
(d) In establishing a concentration limit greater than background for
a constituent of concern, the regional board shall consider the following
factors:
( 1 ) potential adverse effects on ground water quality and beneficial
uses, considering:
(A) the physical and chemical characteristics of the waste in the waste
management unit;
(B) the hydrogeological characteristics of the facility and surrounding
land;
(C) the quantity of ground water and the direction of ground water
flow;
(D) the proximity and withdrawal rates of ground water users;
(E) the current and potential future uses of ground water in the area;
(F) the existing quality of ground water, including other sources of
contamination or pollution and their cumulative impact on the ground
water quality;
(G) the potential for health risks caused by human exposure to waste
constituents;
(H) the potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(1) the persistence and permanence of the potential adverse effects; and
(2) potential adverse effects on surface water quality and beneficial
uses, considering:
(A) the volume and physical and chemical characteristics of the waste
in the waste management unit;
(B) the hydrogeological characteristics of the facility and surrounding
land;
(C) the quantity and quality of ground water and the direction of
ground water flow;
(D) the patterns of precipitation in the region;
(E) the proximity of the waste management unit to surface waters;
(F) the current and potential future uses of surface waters in the area;
(G) the existing quality of surface water including other sources of
contamination or pollution and the cumulative impact on surface water
quality;
(H) the potential for health risks caused by human exposure to waste
constituents;
(I) the potential damage to wildlife, crops, vegetation, and physical
structures caused by exposure to waste constituents; and
(J) the persistence and permanence of the potential adverse effects.
(e) In no event shall a concentration limit greater than background es-
tablished under this section for a constituent of concern exceed the lowest
concentration that the discharger demonstrates and the regional board
finds is technologically and economically achievable. No provision of
this section shall be taken to allow a concentration limit greater than
background, for a constituent of concern, to exceed the maximum con-
centration that would be allowed under other applicable statutes or regu-
lations (e.g.. Maximum Concentration Limits established under the fed-
eral Safe Drinking Water Act [P.L. 93-523, codified as chapter XII of the
Public Health Service Act at 42 USC 300f, et. seq.; regulations establish-
ing MCL's are located in 40 CFR Part 141, Subpart B], etc.).
(0 For ground water, in evaluating risk pursuant to subsection (d) of
this section to any biological receptor, the risk shall be evalueled as if ex-
posure would occur at the point of compliance.
(g) Proposals for concentration limits greater than background shall
include a demonstration that the aggregate of hazardous constituents in
the environment will not result in excessive exposure to a sensitive bio-
logical receptor. In the absence of scientifically valid data to tne contrary,
theoretical risks from chemicals associated with the release from the
waste management unit shall be considered additive across all media of
exposure, and shall be considered additive for all chemicals having simi-
lar toxicological effects or having carcinogenic effects.
(h) A concentration limit greater than background may only be applied
during corrective action, or during detection monitoring fol owing cor-
rective action, at monitoring points at which statistically significant evi-
dence of the release has been determined.
(i) When a detection monitoring program incorporating a concentra-
tion limit greater than background is reinstated after a corrective action
program has been terminated, each concentration limit greate r than back-
ground shall be re-evaluated during each review of waste discharge re-
quirements or at least every five years. If the regional board, upon re-eva-
luation, determines that the concentration of a constituent of concern in
ground water, surface water, or the unsaturated zone is lower than its as-
sociated concentration limit by a statistically significant amount, the con-
centration limit for that constituent shall be lowered to reflect current wa-
ter quality.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, and 13267, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. New first paragraph and amendment of subsection (a) filed 6-18-97; operative
7-18-97 (Register 97, No. 25).
§ 2550.5. Monitoring Points and the Point of Compliance.
(a) For each Class I waste management unit, the regional board shall
specify in the waste discharge requirements the point of co:Tipliance at
which the water quality protection standard of section 2550.2 of this ar-
ticle applies. The point of compliance is a vertical surface located at the
hydraulically downgradient limit of the waste management unit that ex-
tends through the uppermost aquifer underlying the unit. Foi each Class
I waste management unit, the regional board shall specify monitoring
points at the point of compliance and additional monitoring ]5oints at lo-
cations determined pursuant to section 2550.7 of this article at which the
water quality protection standard under section 2550.2 of this article ap-
plies and at which monitoring shall be conducted.
(b) If the facility contains contiguous waste management units and
monitoring along a shared boundary would impair the integrity of a con-
tainment or structural feature of any of the units, the point of compliance
may be located at the hydraulically downgradient limit of an area de-
scribed by an imaginary line along the outer boundary of the contiguous
waste management units. This provision only applies to contiguous
waste management units that have operated or have received all permits
necessary for construction and operation before 7-1-91.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, and 13267, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (a) filed 6-18-97; operative 7-18-97 (Register 97,
No. 25).
Page 98
Register 97, No 25; 6-20-97
Title 23
State Water Resources Control Board
§ 2550.7
§ 2550.6. Compliance Period.
(a) The regional board shall specify in waste discharge requirements
a compliance period for each Class I waste management unit. The com-
pliance period is the number of years equal to the active life of the waste
management unit (including any waste management activity prior to the
adoption of the waste discharge requirements) plus the closure period.
The compliance period is the minimum period of time during which the
discharger shall conduct a water quality monitoring program subsequent
to a release from the unit.
(b) The compliance period begins anew each time the discharger initi-
ates an evaluation monitoring program meeting the requirements of sec-
tion 2550.9 of this article.
(c) If the discharger is engaged in a corrective action program at the
scheduled end of the compliance period specified under subsection (a)
of this section, the compliance period shall be extended until the dis-
charger can demonstrate that the waste management unit has been in con-
tinuous compliance with its water quality protection standard of section
2550.2 of this article for a period of three consecutive years.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, and 13267, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
2. Amendment of subsection (a) filed 6-18-97; operative 7-18-97 (Register 97,
No. 25).
§ 2550.7. General Water Quality Monitoring and System
Requirements.
(a) The discharger shall comply with the requirements of this section
for any water quality monitoring program developed to satisfy sections
2550.8, 2550.9, or 2550.10 of this article.
(b) Ground Water Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the dis-
charger shall establish a ground water monitoring system for each waste
management unit. This ground water monitoring system shall include:
(A) for all monitoring and response programs, a sufficient number of
background monitoring points installed at appropriate locations and
depths to yield ground water samples from the uppermost aquifer that
represent the quality of ground water that has not been affected by a re-
lease from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this
article:
1. a sufficient number of monitoring points installed at appropriate lo-
cations and depths to yield ground water samples from the uppermost
aquifer that represent the quality of ground water passing the point of
compliance and to allow for the detection of a release from the waste
management unit;
2. a sufficient number of monitoring points installed at additional loca-
tions and depths to yield ground water samples from the uppermost aqui-
fer to provide the best assurance of the earliest possible detecfion of a re-
lease from the waste management unit;
3. a sufficient number of monitoring points and background monitor-
ing points installed at appropriate locations and depths to yield ground
water samples from portions of the zone of saturafion, including other
aquifers, not monitored pursuant to subsections (b)(l)(B)l. and
(b)(l)(B)2. of this section to provide the best assurance of the earliest
possible detection of a release from the waste management unit;
4. a sufficient number of monitoring points and background monitor-
ing points installed at appropriate locations and depths to yield ground
water samples from zones of perched water to provide the best assurance
of the earhest possible detection of a release from the waste management
unit; and
5. monitoring point locations and depths that include the zone(s) of
highest hydraulic conductivity in each ground water body monitored
pursuant to this subsection.
(C) for an evaluation monitoring program under section 2550.9 of this
article:
1 . a sufficient number of monitoring points installed at appropriate lo-
cations and depths to yield ground water samples from the uppermost
aquifer that represent the quality of ground water passing the point of
compliance and at other locations in the uppermost aquifer to provide the
data needed to evaluate changes in water quality due to the release from
the waste management unit;
2. a sufficient number of monitoring points and background monitor-
ing points installed at appropriate locations and depths to yield ground
water samples from portions of the zone of saturation, including other
aquifers, not monitored pursuant to subsection (b)(l)(C)l. of this section
to provide the data needed to evaluate changes in water quality due to the
release from the waste management unit; and
3. a sufficient number of monitoring points and background monitor-
ing points installed at appropriate locations and depths to yield ground
water samples from zones of perched water to provide the data needed
to evaluate changes in water quality due to the release from the waste
management unit; and
(D) for a corrective action program under section 2550.10 of this ar-
ticle:
1 . a sufficient number of monitoring points installed at appropriate lo-
cations and depths to yield ground water samples from the uppermost
aquifer that represent the quality of ground water passing the point of
compliance and at other locations in the uppermost aquifer to provide the
data needed to evaluate the effectiveness of the corrective action pro-
gram;
2. a sufficient number of monitoring points and background monitor-
ing points installed at appropriate locations and depths to yield ground
water samples from portions of the zone of saturation, including other
aquifers, not monitored pursuant to subsection(b)(l)(D)l. of this section
to provide the data needed to evaluate the effectiveness of the corrective
action program; and
3. a sufficient number of monitoring points and background monitor-
ing points installed at appropriate locations and depths to yield ground
water samples from zones of perched water to provide the data needed
to evaluate the effectiveness of the corrective action program.
(2) The ground water monitoring system may include background
monitoring points that are not hydraulically upgradient of the waste man-
agement unit if the discharger demonstrates to the satisfaction of the re-
gional board that sampling at other monitoring points will provide sam-
ples that are representative of the background quality of ground water or
are more representative than those provided by the upgradient monitor-
ing points.
(3) Copies of drillers' logs which the Department of Water Resources
requires to be submitted pursuant to section 1 375 1 of the California Wa-
ter Code shall be submitted to the regional board.
(4) All monitoring wells shall be cased and constructed in a manner
that maintains the integrity of the monitoring well bore hole and prevents
the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropri-
ately screened and fitted with an appropriate filter pack to enable collec-
tion of representative ground water samples.
(6) For each monitoring well, the annular space (i.e., the space be-
tween the bore hole and well casing) above and below the sampling inter-
val shall be appropriately sealed to prevent entry of contaminants from
the ground surface, entry of contaminants from the unsaturated zone,
cross contamination between portions of the zone of saturation, and con-
tamination of samples.
(7) All monitoring wells shall be adequately developed to enable col-
lection of representative ground water samples.
(c) Surface Water Monitoring Systems.
(1) The discharger shall establish a surface water monitoring system
to monitor each surface water body that could be affected by a release
from the waste management unit.
(2) Each surface water monitoring system shall include:
Page 99
Register 97, No. 25; 6-20-97
§ 2550.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(A) a sufficient number of background monitoring points established
at appropriate locations and depths to yield samples from each surface
water body that represent the quality of surface water that has not been
affected by a release from the waste management unit;
(B) for a detection monitoring program under section 2550.8 of this
article, a sufficient number of monitoring points established at appropri-
ate locations and depths to yield samples from each surface water body
that provide the best assurance of the earliest possible detection of a re-
lease from the waste management unit;
(C) for an evaluation monitoring program under section 2550.9 of this
article, a sufficient number of monitoring points established at appropri-
ate locations and depths to yield samples from each surface water body
that provide the data to evaluate changes in water quality due to the re-
lease from the waste management unit; and
(D) for a corrective action program under section 2550.10 of this ar-
ticle, a sufficient number of monitoring points established at appropriate
locations and depths to yield samples from each surface water body that
provide the data to evaluate compliance with the water quality protection
standard and to evaluate the effectiveness of the corrective action pro-
gram.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section,
the discharger shall establish an unsaturated zone monitoring system for
each waste management unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established
at appropriate locations and depths to yield soil-pore liquid samples or
soil-pore liquid measurements that represent the quality of soil-pore liq-
uid that has not been affected by a release from the waste management
unit;
(B) for a detection monitoring program under section 2550.8 of this
article, a sufficient number of monitoring points established at appropri-
ate locations and depths to yield soil-pore liquid samples or soil-pore liq-
uid measurements that provide the best assurance of the earliest possible
detection of a release from the waste management unit;
(C) for an evaluation monitoring program under section 2550.9 of this
article, a sufficient number of monitoring points established at appropri-
ate locations and depths to yield soil-pore liquid samples or soil-pore liq-
uid measurements that provide the data to evaluate changes in water qual-
ity due to the release from the waste management unit; and
(D) for a corrective action program under section 2550. 10 of this ar-
ticle, a sufficient number of monitoring points established at appropriate
locations and depths to yield soil-pore liquid samples or soil-pore liquid
measurements that provide the data to evaluate compHance with the wa-
ter quality protection standard and to evaluate the effectiveness of the
corrective action program.
(3) Background monitoring points shall be installed at a background
plot having soil characteristics similar to those of the soil underlying the
waste management unit.
(4) Liquid recovery types of unsaturated zone monitoring (e.g., the use
of lysimeters) are required unless the discharger demonstrates to the sat-
isfaction of the regional board that such methods of unsaturated zone
monitoring cannot provide an indication of a release from the waste man-
agement unit. The regional board shall require complimentary or alterna-
tive (non-liquid recovery) types of unsaturated zone monitoring to pro-
vide the best assurance of the earliest possible detection of a release from
the waste management unit.
(5) Unsaturated zone monitoring is required at all new waste manage-
ment units unless the discharger demonstrates to the satisfaction of the
regional board that there is no unsaturated zone monitoring device or
method designed to operate under the subsurface conditions existent at
that waste management unit. For a waste management unit that has oper-
ated or has received all permits necessary for construction and operation
before 7-1-91, unsaturated zone monitoring is required unless the dis-
charger demonstrates to the satisfaction of the regional board that either
there is no unsaturated zone monitoring device or method designed to op-
erate under the subsurface conditions existent at that waste management
unit or that installation of unsaturated zone monitoring devices would re-
quire unreasonable dismantling or relocating of permanent structures,
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed and certified by a regis-
tered geologist or a registered civil engineer.
(2) All monitoring wells and all other borings drilled to satisfy the re-
quirements of this article shall be logged during drilling under the direct
supervision of a registered geologist. These logs shall be submitted to the
regional board upon completion of drilling.
(A) Soil shall be described in the geologic log according to the Unified
Soil Classification System as presented in Geotechnica! Branch Training
Manuals No. 4, 5, and 6, published by the United States Bureau of Recla-
mation in January of 1986 (available from Bureau of Reclamation, Engi-
neering and Research Center, Attention: Code D-7923-A, P.O. Box
25007, Denver, Colorado 80225).
(B) Rock shall be described in the geologic log in a manner appropriate
for the purpose of the investigation.
(C) Where possible, the depth and thickness of saturated zones shall
be recorded in the geologic log.
(3) If a facility contains contiguous waste management units, separate
ground water monitoring systems are not required for each such unit if
the discharger demonstrates to the satisfaction of the regional board that
the water quality monitoring program for each unit will enable the earli-
est possible detection and measurement of a release from that unit.
(4) The water quality monitoring program shall include consistent
sampling and analytical procedures that are designed to ensuni that moni-
toring results provide a reliable indication of water quality at all monitor-
ing points and background monitoring points. At a minimum, the pro-
gram shall include a detailed description of the procedures and
techniques for:
(A) sample collection (e.g., purging techniques, sampling equipment,
and decontamination of sampling equipment);
(B) sample preservation and shipment;
(C) analytical procedures; and
(D) chain of custody control.
(5) The water quality monitoring program shall include appropriate
sampling and analytical methods for ground water, surface water, and the
unsaturated zone that accurately measure the concentration cf each con-
sdtuent of concern and the concentration or value of each moiiitoring pa-
rameter.
(6) For each waste management unit, the discharger shall collect all
data necessary for selecting the appropriate statistical methods pursuant
to subsections (e)(7), (e)(8), and (e)(9) of this section and for establishing
the background values specified pursuant to subsection (e)i; 11) of this
section. At a minimum, this data shall include analytical data obtained
during quarterly sampling of all background monitoring points for a peri-
od of one year, including the times of expected highest and lowest annual
elevations of the ground water surface. For a new waste rrianagement
unit, this data shall be collected before wastes are discharged at the unit
and background soil-pore liquid data shall be collected from beneath the
unit before the unit is constructed.
(7) Based on data collected pursuant to subsection (e)(6) of this sec-
tion, the discharger shall propose one of the statistical methods specified
in subsection (e)(8) of this section for each constituent of concern and for
each monitoring parameter. These methods, upon approval by the region-
al board, shall be specified in the waste discharge requirements and shall
be used in evaluating water quality monitoring data. The specifications
for each statistical method shall include a detailed description of the crite-
ria to be used for determining statistically significant evidence of any re-
lease from the waste management unit and for determining compliance
with the water quality protection standard. Each statistical test specified
for a particular constituent of concern or monitoring parameter shall be
conducted separately for that constituent of concern or monitoring pa-
Page 100
Register 97, No. 25; 6-20-97
Title 23
State Water Resources Control Board
§ 2550.7
rameler at each monitoring point. Where practical quantitation limits are
used in any of the following statistical methods to comply with subsec-
tion (e)(9)(E) of this section, the practical quantitation limit shall be pro-
posed by the discharger for approval by the regional board. The discharg-
er shall demonstrate that use of the proposed statistical methods will
comply with the performance standards outlined in subsection(e)(9) of
this section.
(8) The discharger shall propose one of the following statistical meth-
ods:
(A) a parametric analysis of variance (ANOVA) followed in all in-
stances by a multiple comparisons procedure to identify statistically sig-
nificant evidence of a release from the waste management unit. The
method shall include estimation and testing of the contrasts between each
monitoring point's mean and the background mean value for each con-
stituent or parameter;
(B) an ANOVA based on ranks followed in all instances by a multiple
comparisons procedure to identify statistically significant evidence of a
release from the waste management unit. The method shall include esti-
mation and testing of the contrasts between each monitoring point's me-
dian and the background median values for each constituent of concern
or monitoring parameter;
(C) a tolerance or prediction interval procedure in which an interval
for each constituent of concern or monitoring parameter is established
from the distribution of the background data, and the value for each con-
stituent of concern or monitoring parameter at each monitoring point is
compared to the upper tolerance or prediction limit;
(D) a control chart approach that gives control limits for each constitu-
ent of concern or monitoring parameter; or
(E) any statistical test method submitted by the discharger for approval
by the regional board including, but not limited to, any statistical method
which includes a procedure to verify that there is statistically significant
evidence of a release from the waste management unit. If the statistical
test method includes a verification procedure, this procedure shall in-
clude either a single "composite" retest (i.e., a statistical analysis that
augments and reanalyzes the data from the monitoring point that indi-
cated a release) or shall consist of at least two "discrete" retests (i.e., sta-
tistical analyses each of which analyzes only newly-acquired data from
the monitoring point that indicated a release). The verification procedure
shall comply with the following requirements in addition to the statistical
performance standards under subsection (e)(9) of this section:
1. if the verification procedure consists of discrete retests, rejection of
the null hypothesis for any one of the retests shall be considered confir-
mation of significant evidence of a release;
2. the number of additional samples collected and analyzed for use in
the verification procedure shall be appropriate for the form of statistical
test specified in the waste discharge requirements for that constituent of
concern or monitoring parameter pursuant to subsection (e)(7) of this
section. The number of additional samples shall be greater than or equal
to the number of samples specified in the waste discharge requirements
for that constituent or parameter pursuant to subsection (e)( 1 2)( A) of this
section;
3. if resampling at the interval identified for use in the initial statistical
test pursuant to subsection (e)(12)(B) of this section would cause the en-
tire resampling effort to take longer than 30 days, the sampling interval
for use in the verification procedure shall be reduced to ensure that all
samples are collected and submitted for laboratory analysis within 30
calendar days from the time that the discharger determines statistically
significant evidence of a release pursuant to subsection 2550.8(g) or (i)
of this article;
4. for a verification procedure containing a composite retest, the statis-
tical verification procedure shall be based on all data obtained from the
initial sampling event combined with all data obtained during the resam-
pling event. For a verification procedure containing discrete retests, each
retest shall analyze data obtained during its respective resampling
event(s) and no data shall be shared between retests;
5. the Type I error for statistical methods employing a retest procedure
shall be as follows:
a. for a verification procedure containing a composite retest, the statis-
tical test method used shall be the same as the method used in the initial
statistical comparison, except that the statistical test used in the verifica-
tion procedure shall be conducted at a Type I error rate of no less than
0.05 for both the experiment-wise analysis (if any) and the individual
monitoring point comparisons. Therefore, if a control chart approach is
used to evaluate water quality monitoring data, the upper limit on an X-
Bar or R-Chart must be set at no more than 1.645 standard deviations of
the statistic plotted for a one-sided statistical comparison or at no more
than 1 .96 standard deviations of the statistic plotted for a two-sided sta-
tistical comparison;
b. For a verification procedure containing discrete retests, the statisti-
cal test method used shall be the same as the method used in the initial
statistical comparison. Notwithstanding any provision of subsection
(e)(9) of this section, the critical value for the tests shall be chosen so that
the Type I error rate for all individual monitoring point comparisons is
the same, whether for an initial test or for a retest, and is equal-to-or-
greater-than either
(l-[0.95]
l/M*W*S-)0.5 *
(1/R)'
0.5
or
l-(0.99)l/S,
whichever is larger, where: M = the number of monitoring parameters;
W = the number of monitoring points at the waste management unit; S
= the number of times that suites of monitoring data from the waste man-
agement unit are subjected to initial statistical analysis within a period of
six months (i.e., S > 1); and R = the number of discrete retests that are to
be conducted at a monitoring point whose initial statistical analysis for
a given constituent of concern or monitoring parameter has indicated the
presence of a release (i.e., R > 2);
6. the discharger shall report to the regional board by certified mail the
results of both the initial statistical test and the results of the verification
procedure, as well as all concentration data collected for use in these tests
within seven days of the last laboratory analysis of the samples collected
for the verification procedure; and
7. the verification procedure shall only be performed for the constitu-
ent(s) which has shown statistically significant evidence of a release, and
shall be performed for those monitoring points at which a release is indi-
cated.
(9) Each statistical method chosen under subsection 2550.7(e)(7) of
this article for specification in the waste discharge requirements shall
comply with the following performance standards for each six-month
period:
(A) the statistical method used to evaluate water quality monitoring
data shall be appropriate for the distribution of the constituent of concern
or monitoring parameter to which it is applied and shall be the least likely
of the appropriate methods to fail to identify a release from the waste
management unit. If the distribution of a consUtuent of concern or moni-
toring parameter is shown by the discharger to be inappropriate for a nor-
mal theory test, then the data shall be either transformed so that the distri-
bution of the transformed data is appropriate for a normal theory test or
a distribution-free theory test shall be used. If the distributions for the
constituents of concern or monitoring parameters differ, more than one
statistical method may be needed;
(B) if an individual monitoring point comparison procedure is used to
compare an individual monitoring point constituent concentration or
monitoring parameter value with a concentration limit in the water quali-
ty protection standard or with a background monitoring parameter value,
the test shall be done at a Type I error rate no less than 0.01 . If a multiple
comparisons procedure is used, the Type I experiment-wise error rate
shall be no less than 0.05; however, a Type I error rate of no less than 0.01
for individual monitoring point comparisons shall be maintained. Tliis
Page 101
Register 97, No. 25; 6-20-97
§ 2550.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
performance standard does not apply to tolerance intervals, prediction in-
tervals, or control charts;
(C) if a control chart approach is used to evaluate water quality moni-
toring data, the specific type of control chart and its associated statistical
parameter values (e.g.. the upper control limit) shall be proposed by the
discharger and submitted for approval by the regional board. The region-
al board may approve the procedure only if it finds the procedure to be
protective of human health and the environment. Any control charting
procedure must have a false-positive rate of no less than 1 percent for
each monitoring point charted (e.g., upper control limits on X-bar or R-
Charts used only once every six months must be set at no more than 2.327
standard deviations of the statistic plotted for a one-sided statistical com-
parison or at no more than 2.576 standard deviations of the statistic
plotted for a two-sided statistical comparison);
(D) if a tolerance interval or a prediction interval is used to evaluate
water quality monitoring data, the levels of confidence and, for tolerance
intervals, the percentage of the population that the interval must contain
shall be proposed by the discharger and submitted for approval by the re-
gional board. The regional board may approve the parameters only if it
finds these statistical parameters to be protective of human health and the
environment. These statistical parameters shall be determined after con-
sidering the number of samples in the background data base, the data dis-
tribution, and the range of the concentrations or values for each constitu-
ent of concern or monitoring parameter. The coverage of any tolerance
interval used shall be no more than 95 percent and the confidence coeffi-
cient shall be no more than 95 percent for a six-month period. Prediction
intervals shall be constructed with an experiment-wise error rate of no
less than 5 percent and an individual monitoring point error rate of no less
than 1 percent;
(E) the statistical method shall account for data below the practical
quantitation limit with one or more statistical procedures that are protec-
tive of human health and the environment. Any practical quantitation
hmit approved by the regional board pursuant to subsection (e)(7) of this
section that is used in the statistical method shall be the lowest concentra-
tion (or value) that can be reliably achieved within limits of precision and
accuracy specified in the waste discharge requirements for routine labo-
ratory operating conditions that are available to the facility. The regional
board shall consider the practical quantitation limits listed in Appendix
IX to Chapter 14 of Division 4.5 of Title 22, California Code of Regula-
tions (Appendix IX) for guidance when specifying limits of precision and
accuracy in the waste discharge requirements;
(F) if necessary, the statistical methods shall include procedures to
control or correct for seasonal and spatial variability as well as temporal
correlation in the data; and
(G) any quality control procedure that is approved by the regional
board for application to water quality data from downgradient monitor-
ing points for a monitored medium shall also be applied to all newly-ac-
quired background data from that medium. Any newly-acquired back-
ground monitoring datum that is rejected by an approved quality control
procedure shall be maintained in the facility record but shall be excluded
from use in statistical comparisons with downgradient water quality data.
(10) Based on the data collected pursuant to subsection (e)(6) of this
section and the statistical methods proposed under subsection (e)(7) of
this section, the discharger shall propose and justify the use of a proce-
dure for determining a background value for each constituent of concern
and for each monitoring parameter specified in the waste discharge re-
quirements. These procedures shall be proposed for ground water, sur-
face water, and the unsaturated zone. The discharger shall propose one
of the following for approval by the regional board:
(A) a procedure for determining a background value for each constitu-
ent or parameter that does not display appreciable variation; or
(B) a procedure for establishing and updating a background value for
a constituent or parameter to reflect changes in the background water
quality if the use of contemporaneous or pooled data provides the great-
est power to the statistical method for that constituent or parameter.
(11) Upon approval of the procedures for determining background
values, proposed pursuant to subsection (e)(10) of this seel ion, the re-
gional board shall specify in the waste discharge requirements one of the
following for each constituent of concern and for each monitoring pa-
rameter:
(A) a background value established by the discharger using the proce-
dure proposed pursuant to subsection (e)(10)(A) of this section; or
(B) a detailed description of the procedure to be used by th(^ discharger
for establishing and updating a background value as proposed pursuant
to subsection (e)(10)(B) of this section.
( 1 2) For each constituent of concern and monitoring parameter listed
in the waste discharge requirements, the discharger shall propose, for ap-
proval by the regional board, the sampling methods to be us^d to estab-
lish background values and the sampling methods to be used for monitor-
ing pursuant to this article. Upon approval by the regional board,
sampling methods consistent with the following shall be specified in
waste discharge requirements:
(A) the number and kinds of samples collected shall be appropriate for
the form of statistical test employed, following generally acct;pted statis-
tical principles. The sample size shall be as large as necessary to ensure
with reasonable confidence that:
1 . for a detection monitoring program, a release from the waste man-
agement unit will be detected;
2. for an evaluation monitoring program, changes in water quality due
to a release from the waste management unit will be recognized; and
3. for a corrective action program, compliance with the water quality
protection standard and effectiveness of the corrective action program
will be determined; and
(B) the sampling method (including the sampling frequency and the
interval of time between successive samples) shall be appropriate for the
medium from which samples are taken (e.g., ground water, surface water,
and soil-pore liquid). For ground water, sampling shall be scheduled to
include the times of expected highest and lowest elevations of the poten-
tiometric surface. The sampling method shall assure, to the greatest ex-
tent possible, that independent samples are obtained. In addition to any
pre-sampling purge prescribed in the sampling and analysis plan, ground
water monitoring wells shall be purged immediately after sampling is
completed in order to remove all residual water that was in tfie well bore
during the sampling event so as to assure the independence of samples
from successive sampling events. The volume of well water to be with-
drawn from the well bore for the post-sampling purge shall be deter-
mined by the same method used to determine adequate pre-sampling
purging. The sampling method selected shall include either:
1 . a sequence of at least four samples collected at least semi-annually
from each monitoring point and background monitoring point and statis-
tical analysis carried out at least semi-annually. The regional board shall
require more frequent sampling and statistical analysis whers necessary
to protect human health or the environment; or
2. not less than one sample collected quarterly from each monitoring
point and background monitoring point and statistical analysis per-
formed at least quarterly.
(13) The ground water portion of the monitoring program shall include
an accurate determination of the ground water surface elevation and field
parameters (temperature, electrical conductivity, turbidity, and pH) at
each well each time ground water is sampled.
(14) The discharger shall graph all analytical data from ea:h monitor-
ing point and background monitoring point and shall submit these graphs
to the regional board at least once annually, except that graphs are not re-
quired for constituents for which no new data has been collected since the
previous graph submittal. Graphs shall be at a scale appropriate to show
trends or variations in water quality. All graphs for a given constituent
shall be plotted at the same scale to facilitate visual comparison of moni-
toring data. Unless the discharger receives written approval from the re-
gional board to use an alternate procedure that more effectively illustrates
trends or variations in the data, each graph shall represent data from one
Page 102
Register 97, No 25; 6-20-97
Title 23
State Water Resources Control Board
§ 2550.8
monitoring point or background monitoring point and one constituent of
conceiTi or monitoring parameter.
( 15) In addition to tlie water quality sampling conducted pursuant to
the requirements of this article, the discharger shall measure the water
level in each well and determine ground water flow rate and direction in
the uppermost aquifer and in any zones of perched water and in any addi-
tional portions of the zone of saturation monitored pursuant to subsection
(b)(1) of this section at least quarterly, including the times of expected
highest and lowest elevations of the water levels in the wells.
(16) Water quality monitoring data collected in accordance with this
article, including actual values of constituents and parameters, shall be
maintained in the facility operating record. The regional board shall spec-
ify in the waste discharge requirements when the data shall be submitted
for review.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, and 13267. Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§ 2550.8. Detection Monitoring Program.
(a) A discharger required, pursuant to section 2550.1 of this article, to
establish a detection monitoring program for a waste management unit
shall, at a minimum, comply with the requirements of this section for that
unit.
(b) The discharger shall install water quality monitoring systems that
are appropriate for detection monitoring and that comply with the provi-
sions of section 2550.7 of this article.
(c) The discharger shall establish a background value pursuant to sub-
section 2550.7(e)(l 1) of this article for each monitoring parameter speci-
fied pursuant to subsection (e) of this section and for each constituent of
concern under section 2550.3 of this article.
(d) The regional board shall specify the water quality protection stan-
dard under section 2550.2 of this article in the waste discharge require-
ments.
(e) The discharger shall propose for approval by the regional board a
list of monitoring parameters for each medium (ground water, surface
water, and the unsaturated zone) to be monitored pursuant to section
2550.7 of this article. The list for each medium shall include those physi-
cal parameters, hazardous constituents, waste constituents, and reaction
products that provide a reliable indication of a release from the waste
management unit to that medium. The regional board shall specify each
list of monitoring parameters in the waste discharge requirements after
considering the following factors:
(1) the types, quantities, and concentrations of constituents in wastes
managed at the waste management unit;
(2) the expected or demonstrated correlation between the proposed
monitoring parameters and the constituents of concern specified for the
unit under section 2550.3 of this article;
(3) the mobility, stability, and persistence of waste constituents or their
reaction products;
(4) the detectability of physical parameters, waste constituents, and
reaction products; and
(5) the background values and the coefficients of variation of proposed
monitoring parameters in ground water, surface water, and the unsaturat-
ed zone.
(f) The discharger shall monitor for the monitoring parameters listed
in the waste discharge requirements pursuant to subsection (e) of this sec-
tion. The regional board shall specify the frequencies for collecting sam-
ples and conducting statistical analyses, pursuant to subsection
2550.7(e)(12) of this article.
(g) In addition to monitoring for the monitoring parameters specified
pursuant to subsection (e) of this section, the discharger shall periodically
monitor for all constituents of concern specified in the waste discharge
requirements and determine whether there is statistically significant evi-
dence of a release for any constituent of concern using the statistical pro-
cedure specified pursuant to subsecfion 2550.7(e)(7) of this article. The
regional board shall specify in waste discharge requirements the frequen-
cies and locations for monitoring pursuant to this subsection after consid-
ering the degree of certainty associated with the expected or demon-
strated correlation between values for monitoring parameters and values
for the constituents of concern. Monitoring pursuant to this subsection
shall be conducted at least every five years.
(h) The discharger shall maintain a record of water quality analytical
data as measured and in a form necessary for the determination of statisti-
cal significance pursuant to subsections (g) and (i) of this section.
(i) For each monitoring point, the discharger shall determine whether
there is statistically significant evidence of a release from the waste man-
agement unit for any monitoring parameter specified in the waste dis-
charge requirements pursuant to subsection (e) of this section at a fre-
quency specified pursuant to subsection (f) of this section.
(1) In determining whether staUstically significant evidence of a re-
lease from the waste management unit exists, the discharger shall use the
method(s) specified in the waste discharge requirements pursuant to sub-
secfion 2550.7(e)(7) of this article. This method(s) shall be used to com-
pare data collected at the monitoring point(s) with the background water
quality data.
(2) The discharger shall determine whether there is stafisUcally signifi-
cant evidence of a release from the waste management unit at each moni-
toring point within a reasonable period of time after completion of sam-
pling. The regional board shall specify in the waste discharge
requirements what period of time is reasonable after considering the
complexity of the statistical test and the availability of laboratory facili-
ties to perform the analysis of samples.
(3) The provisions of this section shall not preclude the regional board
from making an independent finding that there is stafistically significant
evidence of a release from the waste management unit. If the regional
board makes such a finding, the discharger shall comply with the provi-
sions of this section that are required in response to statistically signifi-
cant evidence of a release from the waste management unit.
(j) If the discharger determines pursuant to subsection (g) or (i) of
this section that there is evidence of a release from the waste management
unit, the discharger:
( 1 ) shall immediately notify regional board staff verbally of the find-
ing and shall provide written notification by certified mail within seven
days of such determination. The notification shall, for each affected mon-
itoring point, identify the monitoring parameters and constituents of con-
cern that have indicated statistically significant evidence of a release
from the waste management unit; and
(2) may immediately initiate the verification procedure pre-approved
by the regional board, pursuant to subsection 2550.7(e)(8)(E) of this ar-
ticle, to verify that there is statistically significant evidence of a release
from the waste management unit for a parameter or constituent which has
indicated a release at a monitoring point.
(k) If a verification procedure, performed pursuant to subsection 0)(2)
of this section, confirms that there is statistically significant evidence of
a release from the waste management unit or if the discharger does not
resample the discharger shall perform the following:
(1) immediately sample all monitoring points in the affected medium
at that waste management unit and determine the concentration of all
constituents of concern;
(2) immediately sample all monitoring points for that waste manage-
ment unit in the affected medium (ground water, surface water, or the un-
saturated zone) and determine whether constituents in the list of Appen-
dix IX to Chapter 14 of Division 4.5 of Title 22, California Code of
Regulations (Appendix IX) are present, and if so, in what concentra-
tion(s);
(3) for any Appendix IX constituents found at a monitoring point pur-
suant to subsection (k)(2) of this section, that are not found in compara-
ble concentrations to those exhibited at the background monitoring
points for that waste management unit and that are not specified in the list
of constituents of concern for that unit, the discharger may resample
Page 103
Register 97, No. 25; 6-20-97
§ 2550.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
within one month and repeat the analysis for those constituents. Any con-
stituent detected in both analyses shall be added to the list of constituents
of concern specified in the waste discharge requirements for evaluation
monitoring. If the discharger does not resample for the constituents found
pursuant to subsection (k)(2) of this section, each constituent found dur-
ing the initial analysis shall be added to the list of constituents of concern
specified in the waste discharge requirements for evaluation monitoring
unless the discharger can demonstrate to the satisfaction of the regional
board that the concentration at which the constituent is found at the moni-
toring point is comparable to the concentration it exhibits at the back-
ground monitoring points for that unit;
(4) for each Appendix IX constituent added to the list of constituents
of concern pursuant to subsection (k)(3) of this section, the discharger
shall:
(A) collect all data necessary for establishing the background concen-
tration for that constituent and for selecting an appropriate statistical pro-
cedure pursuant to subsection 2550.7(e)(6) of this article;
(B) propose an appropriate statistical procedure pursuant to subsection
2550.7(e)(7) of this article;
(C) propose a procedure to establish the background concentration for
that constituent pursuant to subsection 2550.7(e)(I0) of this article; and
(D) establish the background concentration pursuant to subsection
2550.7(e)(ll) of this article;
(5) within 90 days of determining statistically significant evidence of
a release, submit to the regional board an amended report of waste dis-
charge to establish an evaluation monitoring program meeting the provi-
sions of section 2550.9 of this article. The report shall include the follow-
ing information:
(A) the maximum concentration of each constituent of concern at each
monitoring point as determined during the most recent sampling events,
and an identification of the concentration of each Appendix IX constitu-
ent at each monitoring point for that unit in the affected medium (ground
water, surface water, or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at
the waste management unit necessary to meet the provisions of section
2550.9 of this article;
(C) any proposed additions or changes to the monitoring frequency,
sampling and analytical procedures or methods, or statistical methods
used at the waste management unit necessary to meet the provisions of
section 2550.9 of this article; and
(D) a detailed description of the measures to be taken by the discharger
to assess the nature and extent of the release from the waste management
unit;
(6) within 1 80 days of determining statistically evidence of a release,
submit to the regional board an engineering feasibility study for a correc-
tive action program necessary to meet the requirements of section
2550.10 of this article. At a minimum, the feasibility study shall contain
a detailed description of the corrective action measures that could be tak-
en to achieve background concentrations for all constituents of concern;
and
(7) if the discharger determines, pursuant to subsections (g) or (i) of
tliis section, that there is statistically significant evidence of a release
from the waste management unit at any monitoring point, the discharger
may demonstrate that a source other than the waste management unit
caused the evidence of a release or that the evidence is an artifact caused
by an error in sampling, analysis, or statistical evaluation or by natural
variation in the ground water, surface water, or the unsaturated zone. The
discharger may make a demonstration pursuant to this subsection in addi-
tion to or in lieu of submitting both an amended report of waste discharge
pursuant to subsection (k)(5) of this section and an engineering feasibil-
ity study pursuant to subsection (k)(6) of this section; however, the dis-
charger is not relieved of the requirements specified in subsections (k)(5)
and (k)(6) of this section unless the demonstration made pursuant to this
subsection successfully shows that a source other than the waste manage-
ment unit caused the evidence of a release or that the evidence resulted
from error in sampling, analysis, or evaluation, or from natural variation
in ground water, surface water, or the unsaturated zone. In making a dem-
onstration pursuant to this subsection, the discharger shall:
(A) within seven days of determining statistically significant evidence
of a release, notify the regional board by certified mail that the discharger
intends to make a demonstration pursuant to this subsection;
(B) within 90 days of determining statistically significant evidence of
a release, submit a report to the regional board that demonstrates that a
source other than the waste management unit caused the evidence, or that
the evidence resulted from error in sampling, analysis, or evaluation, or
from natural variation in ground water, surface water, or the unsaturated
zone;
(C) within 90 days of determining statistically significant evidence of
a release, submit to the regional board an amended report of waste dis-
charge to make any appropriate changes to the detection monitoring pro-
gram; and
(D) continue to monitor in accordance with the detection monitoring
program established pursuant to this section.
(1) If the discharger determines that there is significant physical evi-
dence of a release as described in subsection 2550.1(a)(3) of this article
or that the detection monitoring program does not satisfy the require-
ments of this section, the discharger shall:
( 1 ) notify the regional board by certified mail within 7 days of such de-
termination; and
(2) within 90 days of such determination, submit an amended report
of waste discharge to make any appropriate changes to the program.
(m) Any time the regional board determines that the detection moni-
toring program does not satisfy the requirements of this seciion the re-
gional board shall send written notification of such determination to the
discharger by certified mail, return receipt requested; the discharger
shall, within 90 days after receipt of such notification by the regional
board, submit an amended report of waste discharge to make any appro-
priate changes to the program.
(n) For any Class I waste management unit for which a detection moni-
toring program is established after the successful completion of a correc-
tive action program pursuant to subsection 2550.10(g) of this article:
( 1 ) the regional board shall include in the list of monitoring parameters
for each medium (ground water, surface water, and the unsaturated zone)
all hazardous constituents that have been detected in that mecium due to
a release from that waste management unit; and
(2) the discharger shall analyze samples from all ground \\'ater moni-
toring points at the point of compliance for that waste management unit
and determine the concentration of each constituent contained in Appen-
dix IX at least annually during any remaining years of the compliance pe-
riod. If the discharger finds either an Appendix IX constituent at a con-
centration above the concentration limit established in the waste
discharge requirements for that constituent or one that is not ali"eady iden-
tified in the waste discharge requirements as a monitoring parameter, the
discharger may resample within one month of the original sample and re-
peat the analysis for those constituents . If the discharger does not resam-
ple or if the resampling confirms that the concentration limit for a constit-
uent has been exceeded or that a new constituent is present:
(A) the discharger shall report the concentration of these constituents
to the regional board within seven days of the latest analysis;
(B) the regional board shall add each such constituent to the list of
monitoring parameters that are specified in the waste discharge require-
ments for ground water, unless the discharger demonstrates to the satis-
faction of the regional board that the concentration of that co:istituent at
the monitoring point is comparable to the concentration it exWbits at the
background monitoring points for that unit; and
(C) if a constituent is added to the list of monitoring parameters, pur-
suant to subsection (n)(2)(B) of this section, the discharger shall imme-
diately collect samples and conduct statistical tests for each inonitoring
parameter to determine whether there is statistically significant evidence
of a release from the unit.
Page 104
Register 97, No. .25; 6-20-97
Title 23
State Water Resources Control Board
§ 2550.9
NOTH: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263 and 13267, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91. No. 22).
2. Amendment of subsections (k)(2)-(k)(4) and {k)(5)(A) filed 6-18-97; opera-
tive 7-18-97 (Register 97, No. 25).
§ 2550.9. Evaluation Monitoring Program.
(a) A discharger required pursuant to section 2550.1 of this article to
establish an evaluation monitoring program for a waste management unit
shall, at a minimum, comply with the requirements of this section for that
unit. The evaluation monitoiing program shall be used to assess the na-
ture and extent of the release from the waste management unit and to de-
sign a corrective action program meeting the requirements of section
2550. 10 of this article.
(b) The discharger shall collect and analyze all data necessary to assess
the nature and extent of the release from the waste management unit. This
assessment shall include a determination of the spatial distribution and
concentration of each constituent of concern throughout the zone af-
fected by the release. The discharger shall complete and submit this
assessment within 90 days of establishing an evaluation monitoring pro-
gram.
(c) Based on the data collected pursuant to subsections (b) and (e)
of this section, the discharger shall update the engineering feasibility
study for corrective action required pursuant to subsection 2550.8(k)(6)
of this article. The discharger shall submit this engineering feasibility
study to the regional board within 90 days of establishing an evaluation
monitoring program.
(d) Based on the data collected pursuant subsection (b) of this section
and on the engineering feasibility study submitted pursuant to Subsection
(c) of this section, the discharger shall submit an amended report of waste
discharge to establish a corrective action program meeting the require-
ments of section 2550.10 of this article. The discharger shall submit this
report to the regional board within 90 days of establishing an evaluation
monitoring program. This report shall at a minimum include the follow-
ing information:
(1) a detailed assessment of the nature and extent of the release from
the waste management unit;
(2) a proposed water quality protection standard, including any pro-
posed concentration limits greater than background under section 2550.4
of this article, and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that
will be taken to achieve compliance with the water quality protection
standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate
the effectiveness of the proposed corrective action.
(e) In conjunction with the assessment conducted pursuant to subsec-
tion (b) of this section, and while awaiting final approval of the amended
report of waste discharge, submitted pursuant to subsection (d) of this
section, the discharger shall monitor ground water, surface water, and the
unsaturated zone to evaluate changes in water quality resulting from the
release from the waste management unit. In conducting this monitoring,
the discharger shall comply with the following requirements:
( 1 ) the discharger shall install water quality monitoring systems that
are appropriate for evaluation monitoring and that comply with the provi-
sions of section 2550.7 of this article. These water quality monitoring
systems may include all or part of existing monitoring systems;
(2) the discharger shall propose for approval by the regional board a
list of monitoring parameters for each medium (ground water, surface
water, and the unsaturated zone) to be monitored pursuant to section
2550.7 of this article. The list for each medium shall include all hazard-
ous constituents that have been detected in that medium and those physi-
cal parameters, waste constituents, and reaction products that provide a
reliable indication of changes in water quality resulting from any release
from the waste management unit to that medium. The regional board
shall specify each list of monitoring parameters in the waste discharge
requirements after considering the following factors:
(A) the types, quantities, and concentrations of constituents in wastes
managed at the waste management unit;
(B) information that demonstrates, to the satisfaction of the regional
board, a sufficient correlation between the proposed monitoring parame-
ters and the constituents of concern specified for the unit;
(C) the mobility, stability, and persistence of wa.ste constituents or
their reaction products;
(D) the detectability of physical parameters, waste constituents, and
reaction products; and
(E) the background values and the coefficients of variation oi" pro-
posed monitoring parameters in ground water, surface w ater, and the un-
saturated zone;
(3) the discharger shall monitor for the monitoring parameters listed
in the waste discharge requirements pursuant to subsection (e)(2) of this
section. The regional board shall specify in the waste discharge require-
ments the frequencies for collecting samples and for conducting statisti-
cal analyses pursuant to subsection 2550.7(e)( 12) of this article to evalu-
ate changes in water quality due to the release from the waste
management unit;
(4) in addition to monitoring for the monitoring parameters specified
pursuant to subsection (e)(2) of this section, the discharger shall periodi-
cally monitor for all constituents of concern specified in the waste dis-
charge requirements and evaluate changes in water quality due to the re-
lease from the waste management unit. The regional board shall specify
the frequencies for monitoring pursuant to this subsection after consider-
ing the degree of certainty associated with the demonstrated correlation
between values for monitoring parameters and values for the constituents
of concern;
(5) the discharger shall conduct water quality monitoring for each
monitoring parameter and each constituent of concern in accordance
with subsection 2550.7(e)(12) of this article. The discharger shall main-
tain a record of water quality analytical data as measured and in a form
necessary for the evaluation of changes in water quality due to a release
from the waste management unit;
(6) the discharger shall analyze samples from all monitoring points in
the affected medium for all constituents contained in Appendix IX to
Chapter 14 of Division 4.5 of Title 22, California Code of Regulations
(Appendix IX) at least annually to determine whether additional hazard-
ous constituents are present and, if so, at what concentration(s). If the dis-
charger finds Appendix IX constituents in the ground water, surface wa-
ter, or the unsaturated zone that are not already identified in the waste
discharge requirements as constituents of concern, the discharger may
resample within one month and repeat the analysis for those constituents.
If the second analysis confirms the presence of new constituents, the dis-
charger shall report the concentration of these additional constituents to
the regional board by certified mail within seven days after the comple-
tion of the second analysis and the regional board shall add them to the
hst of constituents of concern specified in the waste discharge require-
ments unless the discharger demonstrates to the satisfaction of the re-
gional board that the constituent is not reasonably expected to be in or
derived from waste in the waste management unit. If the discharger docs
not resample, then the discharger shall report the concentrations of these
additional constituents to the regional board by certified mail within
seven days after completion of the initial analysis and the regional board
shall add them to the list of constituents of concern specified in the waste
discharge requirements unless the discharger demonstrates to the satis-
faction of the regional board that the constituent is not reasonably ex-
pected to be in or derived from waste in the waste management unit; and
(7) while awaiting final approval of an amended report of waste dis-
charge to establish a corrective action program, the discharger shall eval-
uate all water quality data obtained pursuant to subsection (e) of this sec-
tion with respect to the design criteria for the corrective action program.
If the evaluation indicates that the plan for corrective action is insuffi-
cient, the discharger shall:
Page 105
Register 97, No. 25; 6-20-97
§ 2550.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(A) notify the regional board by certified mail within 7 days of such
determination; and
(B) within 90 days of such determination, submit for approval by the
regional board any appropriate changes to the amended report of waste
discharge.
(f) The discharger may demonstrate that a source other than the waste
management unit caused the evidence of a release or that the evidence is
an artifact caused by an error in sampling, analysis, or statistical evalua-
tion, or by natural variation in ground water, surface water, or the unsatu-
rated zone. Upon a successful demonstration the regional board shall
specify that the discharger shall reinstitute a detection monitoring pro-
gram meeting the requirements of section 2550.8 of this article. In mak-
ing a demonstration under this subsection, the discharger shall:
( 1 ) notify the regional board by certified mail that the discharger in-
tends to make a demonstration pursuant to this subsection;
(2) submit a report to the regional board that demonstrates that a source
other than the waste management unit caused the evidence of a release
or that the evidence resulted from error in sampling, analysis, or evalua-
tion, or from natural variation in ground water, surface water, or the un-
saturated zone;
(3) submit to the regional board an amended report of waste discharge
to reinstitute a detection monitoring program for the unit. This report
shall propose all appropriate changes to the monitoring program; and
(4) continue to monitor in accordance with the evaluation monitoring
program established pursuant to this section.
(g) The regional board shall require interim corrective action measures
where necessary to protect human health or the environment.
(h) If the discharger determines that the evaluation monitoring pro-
gram does not satisfy the requirements of this section, the discharger
shall, within 90 days, submit an amended report of waste discharge to
make any appropriate changes to the program.
(i) Any time the regional board determines that the evaluation moni-
toring program does not satisfy the requirements of this section, the re-
gional board shall send written notification of such determination to the
discharger by certified mail, return receipt requested. The discharger
shall, within 90 days of such notification by the regional board, submit
an amended report of waste discharge to make appropriate changes to the
program.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263. 13267 and 13304, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91. No. 22).
2. Amendment of subsection (e)(6) filed 6-18-97; operative 7-18-97 (Register
97, No. 25).
§ 2550.10. Corrective Action Program.
(a) A discharger required pursuant to section 2550. 1 of this article to
establish a corrective action program for a waste management unit shall,
at a minimum, comply with the requirements of this section for that unit.
(b) The discharger shall take corrective action to remediate releases
from the waste management unit and to ensure that the waste manage-
ment unit achieves compliance with the water quality protection standard
under section 2550.2 of this article. The regional board shall specify the
water quality protection standard for corrective action in the waste dis-
charge requirements.
(c) The discharger shall implement corrective action measures that en-
sure that constituents of concern achieve their respective concentration
limits at all monitoring points and tliroughout the zone affected by the re-
lease, including any portions thereof that extend beyond the facility
boundary, by removing the waste constituents or treating them in place.
The discharger shall take other action approved by the regional board to
prevent noncompliance with those limits due to a continued or subse-
quent release from the waste management unit, including but not limited
to, source control. The waste discharge requirements shall specify the
specific measures that will be taken.
(d) In conjunction with the corrective action measures, the discharger
shall establish and implement a water quality monitoring program to
demonstrate the effectiveness of the corrective action prograin. Such a
monitoring program may be based on the requirements for an evaluation
monitoring program under section 2550.9 of this article, and shall be ef-
fective in determining compliance with the water quality protijction stan-
dard under section 2550.2 of this article and in determining the success
of the corrective action measures pursuant to subsection (c) of this sec-
tion.
(e) Corrective action measures taken pursuant to this section shall be
initiated and completed by the discharger within a period of time speci-
fied by the regional board in the waste discharge requirements.
(f) Corrective action measures taken pursuant to subsection (c) of this
section may be terminated when the discharger demonstrates ;o the satis-
faction of the regional board that the concentrations of all constituents of
concern are reduced to levels below their respective concentre tion limits.
(g) After suspending the corrective action measures, pursuant to sub-
section (f) of this section, the waste management unit shall remain in the
Corrective Action Program until an approved Detection Monitoring Pro-
gram meeting the requirements of section 2550.8 of this article has been
incorporated into waste discharge requirements and until the discharger
demonstrates to the satisfaction of the regional board that the waste man-
agement unit is in compliance with the water quality protection standard.
This demonstration shall be based on the following criteria and require-
ments:
( 1 ) The concentration of each constituent of concern in each sample
from each monitoring point in the Corrective Action Program for the
waste management unit must have remained at or below its respective
concentration limit during a proof period of at least one year, beginning
immediately after the suspension of corrective action measures; and
(2) The individual sampling events for each monitoring point must
have been evenly distributed throughout the proof period and have con-
sisted of no less than eight sampling events per year per monitoring point.
(h) The discharger shall report, in writing, to the regional board on the
effectiveness of the corrective action program. The discharger shall sub-
mit these reports at least semi-annually. More frequent reporting shall be
required by the regional board as necessary to ensure the protection of
human health or the environment.
(i) If the discharger determines that the corrective action program does
not satisfy the provisions of this section, the discharger shall, within 90
days of making the determination, submit an amended report of waste
discharge to make appropriate changes to the program.
(j) Any time the regional board determines that the corrective action
program does not satisfy the requirements of this section, the discharger
shall, within 90 days of receiving written notification of such determina-
tion by the regional board, submit an amended report of waste discharge
to make appropriate changes to the program.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, 13267 and 13304, Water Code.
History
I. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§ 2550.1 1 . Unsaturated Zone l\/lonitoring and Response
Provisions for Class I Land Treatment Units.
(a) A discharger required pursuant to the provisions of this article to
conduct unsaturated zone monitoring at a land treatment unit shall com-
ply with the unsaturated zone monitoring and response provisions of this
section in conjunction with all other unsaturated zone monitoiing and re-
sponse provisions of this article.
(b) The discharger shall monitor the soil and soil-pore liquid to deter-
mine whether constituents of concern migrate out of the treatment zone.
(c) The regional board shall specify the monitoring para:iieters and
constituents of concern to be monitored in the waste discharge require-
ments. The monitoring parameters to be monitored are those specified
pursuant to subsection 2550.8(e) of this article for detection nonitoring
and subsection 2550.9(e)(2) of this article for evaluation monitoring. The
Page 106
Register 97, No. 25; 6-20-97
Title 23
State Water Resources Control Board
§2550.11
•
conslituents of concern to be monitored are those specified in the water
quality protection standard specified for each monitoring and response
program. The constituents of concern to be monitored shall include the
constituents, including hazardous constituents, that must be degraded,
transformed, or immobilized in the treatment zone of the land treatment
unit.
(d) The regional board may require monitoring for principal hazardous
constituents (PHCs) in lieu of the constituents specified under subsection
(c) of this section. PHCs are hazardous constituents contained in the
wastes to be applied at the unit that are the most difficult to treat consider-
ing the combined effects of degradation, transformation, and immobili-
zation. The regional board may establish PHCs if the regional board finds
based on waste analyses, treatment demonstrations, or other data that ef-
fective degradation, transformation, or immobilization of the PHCs will
assure treatment at at least equivalent levels for the other hazardous con-
stituents in the wastes.
(e) The discharger shall install an unsaturated zone monitoring system
that includes soil monitoring using soil cores and soil-pore liquid moni-
toring using appropriate devices such as lysimeters capable of acquiring
soil-pore liquid samples. The unsaturated zone monitoring system shall
consist of a sufficient number of sampling points at appropriate locations
and depths to yield samples that:
( 1 ) represent the quality of background soil-pore liquid quality and the
chemical makeup of soil that has not been affected by a release from the
treatment zone; and
(2) indicate the quality of soil-pore liquid and the chemical makeup
of the soil below the treatment zone.
(f) The discharger shall establish a background value for each monitor-
ing parameter and each constituent of concern to be monitored under sub-
section (c) of this section. The discharger shall propose, for approval by
the regional board, the background values for each monitoring parameter
and each constituent of concern or the procedures to be used to calculate
the background values according to the provisions of subsection
2550.7(e)(10) of this article. The regional board shall specify the back-
ground values or procedures in waste discharge requirements according
to subsection 2550.7(e)(ll) of this article.
(g) Background soil values may be based on a one-time sampling at
a background plot having characteristics similar to those of the treatment
zone. For new land treatment units, background soil values shall include
data from sampling at the proposed plot for the unit.
(h) Background soil-pore liquid values shall be based on at least quar-
terly sampling for one year at a background plot having characteristics
similar to those of the treatment zone. For new land treatment units, back-
ground soil-pore liquid values shall include data from sampling at the
proposed plot for the unit.
(i) The discharger shall express all background values in a form neces-
sary for the determination of statistically significant increases pursuant
to subsection (n) of this section.
(j) In taking samples used in the determination of all background val-
ues, the discharger shall use an unsaturated zone monitoring system that
complies with subsection (e)(1) of this section.
(k) The discharger shall conduct soil monitoring and soil-pore liquid
monitoring immediately below the treatment zone. The regional board
shall specify the frequency and timing of soil and soil-pore liquid moni-
toring in the waste discharge requirements after considering all other
monitoring provisions of this article, the frequency, timing, and rate of
waste application, the soil permeability, and the maximum anticipated
rate of migration. The discharger shall express the results of soil and soil-
pore liquid monitoring in a form necessary for the determination of statis-
tically significant increases pursuant to subsection (n) of this section.
(/) The discharger shall propose, for approval by the regional board,
consistent sampling and analysis procedures that are designed to ensure
sampling results that provide a reliable indication of soil-pore liquid
quality and the chemical makeup of the soil below the treatment zone. At
a minimum, the discharger shall implement the approved procedures and
techniques for:
(1) sample collection;
(2) sample preservation and shipment;
(3) analytical procedures; and
(4) chain of custody control.
(m) The discharger shall determine whether there is a statistically sig-
nificant increase below the treatment zone using a statistical method that
provides reasonable confidence that migration from the treatment zone
will be identified. The discharger shall propo.se each statistical method
in accordance with the provisions of this subsection and pursuant to the
provisions of subsection 2550.7(e)(7) of this article. The regional board
shall specify each statistical method pursuant to subsection 2550.7(e)(7)
of this article that the regional board finds:
( 1 ) is appropriate for the distribution of the data used to establish back-
ground values; and
(2) provides a reasonable balance between the probability of falsely
identifying migration from the treatment zone and the probability of fail-
ing to identify real migration from the treatment zone.
(n) The discharger shall determine whether there is a statistically sig-
nificant change over background values for each monitoring parameter
and each constituent of concern to be monitored below the treatment
zone each time the discharger conducts soil monitoring and soil-pore liq-
uid monitoring under subsection (k) of this section.
(0) In determining whether a statistically significant increase has oc-
curred, the discharger shall compare the value of each parameter or con-
stituent, as determined pursuant to subsection (n) of this section, to the
background value for that parameter or constituent according to the sta-
tistical procedure specified in the waste discharge requirements pursuant
to this section.
(p) The discharger shall determine whether there has been a statistical-
ly significant increase below the treatment zone within a reasonable time
period after completion of sampling. The regional board shall specify this
time period in the waste discharge requirements after considering the
complexity of the statistical test and the availability of laboratory facili-
ties to perform the analysis of soil and soil-pore liquid samples.
(q) If the discharger determines pursuant to subsection (n) of this sec-
tion, that there has been a statistically significant increase in the value of
a hazardous constituent below the treatment zone the discharger shall;
(1) report to the regional board describing the full extent of the dis-
chargers findings, including the identification of all constituents that
have shown a statistically significant increase, within 72 hours of making
such a determination; and
(2) submit written notification of this finding to the regional board
within seven days of making such a determination.
(r) Upon receiving notice pursuant to subsection (q) of this section or
upon the independent confirmation by the regional board, the regional
board shall order the discharger to cease operating the land treatment
unit. The discharger shall not resume operating the land treatment unit
and shall close the land treatment unit unless one of the following actions
is taken:
(1) the discharger completes appropriate removal or remedial actions
to the satisfaction of the regional board and the discharger submits to the
regional board and the board approves, an amended report of waste dis-
charge to modify the operating practices at the unit to maximize the suc-
cess of degradation, immobilization, or transformation processes in the
treatment zone; or
(2) the discharger completes appropriate removal or remedial actions,
submits to the regional board and the board approves, an amended report
of waste discharge to modify the operating practices at the unit to maxi-
mize the success of degradation, immobilization, or transformation pro-
cesses in the treatment zone, and equips the land treatment unit with lin-
ers, and a leachate collection and removal system that satisfy the
provisions of sections 2542 and 2543 of Article 4 of this chapter.
Page 107
Register 97, No. 25; 6-20-97
§ 2550.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(s) All actions taken by a discharger pursuant to subsections (r)(l) or
(r)(2) of this section shall be completed within a time period specified by
the regional board, which shall not exceed 18 months after the regional
board receives notice pursuant to subsection (q)( I ) of this section. If the
actions are not completed within this time period, the land treatment unit
shall be closed, unless granted an extension by the regional board due to
exceptional circumstances beyond the control of the discharger.
(t) If the discharger determines pursuant to subsection (n) of this sec-
tion that there is a statistically significant increase of hazardous constitu-
ents below the treatment zone, the discharger may demonstrate that the
increase resulted from an error in sampling, analysis, or evaluation.
While the discharger may make a demonstration pursuant to this subsec-
tion in addition to or in lieu of the requirements of subsection (r)(l) or
(r)(2) of this section, the discharger is not relieved of the requirements of
subsections (r) and (s) of this section unless the demonstration made pur-
suant to this subsection successfully shows that the increase resulted
from an error in sampling, analysis, or evaluation. In making a demon-
stration pursuant to this subsection, the discharger shall:
(1) notify the regional board of this finding in writing within seven
days of determining a statistically significant increase beneath the treat-
ment zone that the discharger intends to make a demonstration pursuant
to this subsection;
(2) within 90 days of such determination, submit a report to the region-
al board demonstrating that the increase resulted from error in sampling,
analysis, or evaluation;
(3) within 90 days of such determination, submit to the regional board
an amended report of waste discharge to make any appropriate changes
to the unsaturated zone monitoring program for the land treatment unit;
and
(4) continue to monitor in accordance with the unsaturated zone moni-
toring program established pursuant to this section.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, 13267 and 13304, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22),
2. Amendment of section heading and subsections (d) and (r)(2) filed 6-18-97;
operative 7-18-97 (Register 97, No. 25).
§ 2550.1 2. Corrective Action Where Hazardous Waste Has
Been Discharged at Areas Other Than Waste
JVIanagement Units.
(a) A discharger seeking waste discharge requirements for the treat-
ment, storage or disposal of hazardous waste shall institute corrective ac-
tion as necessary to protect human health and the environment for all re-
leases of hazardous waste or hazardous constituents from any area at the
facility other than a waste management unit regardless of the time waste
was discharged at such an area.
(b) A program of corrective action required under subsection (a) of
this section shall be incorporated into an enforcement order under Chap-
ter 5, commencing with section 13300, of Division 7 of the Water
Code, or into the waste discharge requirements and the program shall
contain time schedules for implementation and completion of such cor-
rective action. A discharger required to undertake corrective action under
this section shall provide assurances of financial responsibility for com-
pleting such corrective action.
(c) The discharger shall implement corrective actions beyond the fa-
cility property boundary where necessary to protect human health or the
environment.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13263, 13267 and 13304, Water Code.
History
1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
§ 2551. Required Programs.
NotE: Authority cited: Section 1058, WaterCode. Reference: Sections 13172 and
13267, Water Code.
History
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§ 2552. Water Quality Protection Standards.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13267, WaterCode.
History
1. Repealer filed 5-24-91; effecfive 7-1-91 (Register 91, No. 22).
§ 2553. Points of Compliance.
NOTE: Authority cited: Section 1 058, Water Code. Reference: Secdons 1 3 1 72 and
13267, WaterCode.
History
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§ 2554. Compliance Period.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Secfions 13172 and
13267, WaterCode.
History
1. Repealer filed 5-24-91; effecfive 7-1-91 (Register 91, No. 22).
§ 2555. General Ground Water Monitoring Requirements.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Secfions 13172 and
13267, WaterCode.
History
1. Repealer filed 5-24-91; effecfive 7-1-91 (Register 91, No. 22).
§ 2556. Detection Monitoring Program.
NoTE: Authority cited: Section 1058, Water Code. Reference: Secfions 13172 and
13267, WaterCode.
History
1. Repealer filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
§ 2557. Verification Monitoring Program.
Note: Authority cited: Section 1058, WaterCode. Reference: Secfions 13172 and
13267, WaterCode.
History
1. Repealer filed 5-24-9 1 ; effective 7-1-91 (Register 91, No. 22).
§ 2558. Corrective Action Program.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Secfions 1 3 1 72 and
13267, WaterCode.
History
1. Repealer filed 5-24-91; effecfive 7-1-91 (Register 91, No. 22).
§ 2559. Unsaturated Zone Monitoring Program.
NOTE: Authority cited: Section 1058, Water Code. Reference: 5>ecfioris 13172 and
13267, Water Code.
History
1. Repealer filed 5-24-91; effecfive 7-1-91 (Register 91, No. 22).
Article 6. Confined Animal Facilities
§ 2560. Applicability.
NOTE: Authority cited: Section 1058, Water Code. Referenc;: Sections
13140-13147, 13260 and 13263, Water Code.
History
1 . Repealer of article 6 (sections 2560-2565) and secfion filed 6-18-97; operafive
7-18-97 (Register 97, No. 25).
§ 2561. General Standards.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections
13140-13174, 13172, 13243 and 13263, Water Code.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25)
§ 2562. Wastewater Management.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Secfion 13172,
Water Code.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 2563. Use or Disposal Field Management.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Secfion 13172,
Water Code.
History
1. Repealer filed 6-18-97; operafive 7-18-97 (Register 97, No. 25)
§ 2564. Management of Manured Areas.
NoTE: Authority cited: Section 1058, Water Code. Reference: Section 13172,
Water Code.
Page 108
Register 97, No. :>5; 6-20-97
Title 23
State Water Resources Control Board
§2590
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2565. Monitoring.
NOTH: Authority eited: Section 1058. Water Code. Reference: Sections 13172 and
13267, Water Code.
History
1 . Repealer filed 6-18-97; operative 7-1 8-97 (Register 97, No. 25).
Article 7. Mining Waste Management
§ 2570. Applicability.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13226, 13260 and 13263, Water Code.
History
1 . Repealer of article 7 (sections 2570-2574) and section filed 6-1 8-97; operative
7-18-97 (Register 97, No. 25).
§ 2571 . Groups of IVlining Waste.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172,
Water Code.
History
1. Repealer of section and Table 7.1 filed 6-18-97; operative 7-18-97 (Register
97, No. 25).
§ 2572. Mining Waste Management Unit Siting and
Construction Standards.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13226 and 13263, Water Code.
History
1. Repealer of section and Tables 7.2 and 7.3 filed 6-18-97; operative 7-18-97
(Register 97, No. 25).
§ 2573. Water Quality Monitoring for Mining Waste
Management Units.
NOTE: Authority cited: Section 1058, Water Code. Reference: Secdons 13172,
13226, 13263 and 13267, Water Code.
History
1. Repealer of section and Figures 7.1 and 7.2 filed 6-18-97; operative 7-18-97
(Register 97, No. 25).
§ 2574. Closure and Post-Closure Maintenance of Mining
Waste Management Units.
NOTE: Authority cited: Secfion 1058, Water Code. Reference: Sections 13172,
13226 and 13263, Water Code.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Article 8. Closure and Post-Closure
Maintenance
§ 2580. General Closure Requirements.
(a) Partial or final closure of new and existing classified waste man-
agement units shall be in compliance with the provisions of this article.
If a unit has been partially closed in accordance with an approved closure
plan by the effective date of these regulations, the cover over the closed
portion does not need to be modified to conform to these regulations, un-
less monitoring data indicate impairment of beneficial uses of ground
water. Classified waste management units shall be closed according to
an approved closure and post-closure maintenance plan which provides
for continued compliance with the applicable standards for waste con-
tainment and precipitation and drainage controls in Article 4 of this chap-
ter, and the monitoring program requirements in Article 5 of this chapter,
throughout the closure and post-closure maintenance period. The post-
closure maintenance period shall extend as long as the wastes pose a
threat to water quality. For land treatment facilities, the postclosure main-
tenance period shall extend until treatment is complete.
(b) Closure shall be under the direct supervision of a registered civil
engineer or a certified engineering geologist.
(c) [Reserved.]
(d) Closed waste management units shall be provided with at least two
permanent monuments installed by a licensed land surveyor or a regis-
tered civil engineer, from which the location and elevation of wastes,
containment structures, and monitoring facilities can be determined
throughout the post-closure maintenance period.
(e) Vegetation for closed waste management units shall be selected to
require minimum irrigation and maintenance, and shall not impair the in-
tegrity of containment structures including the final cover.
(f) Tlie regional board shall require the discharger to establish an irre-
vocable closure fund or provide other means to ensure closure and post-
closure maintenance of each classified waste management unit in accor-
dance with an approved plan.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172,
Water Code.
History
1. Amendment of subsection (a) and repealer of subsections (c)-(c)(4) filed
6-18-97; operafive 7-18-97 (Register 97, No. 25).
§ 2581. Landfill Closure Requirements.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172,
Water Code.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2582. Surface Impoundment Closure Requirements.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13260 and
13263, Water Code.
History
1. Change without regulatory effect of NOTE filed 4-6-88; operative 4-6-88
(Register 88, No. 17).
2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2583. Waste Pile Closure Requirements.
NOTE; Authority cited: Section 1058, Water Code. Reference: Section 13172,
Water Code.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2584. Land Treatment Facility Closure Requirements.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13172,
Water Code.
History
1. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2590.
Article 9. Compliance Procedures
Reporting Requirements for Waste Discharge to
Land.
(a) Any person discharging or proposing to discharge waste to land
where water quality can be affected shall submit to the regional board a
report of waste discharge, unless the report is waived by the regional
board. This reporting requirement also applies to expansion of an exist-
ing waste management unit or development of new units at an existing
site. Dischargers shall submit any applicable information required by this
article to the regional board upon request. Dischargers shall be required
to provide information on waste characteristics, geologic and climato-
logic characteristics of the unit and the surrounding region, installed fea-
tures, operation plans for waste containment, precipitation and drainage
controls, and closure and post-closure maintenance plans as set forth in
Sections 2594 through 2597 of this article.
( 1 ) The discharger may submit a copy of the application for a hazard-
ous waste facility permit, including the closure and post-closure mainte-
nance plan, under Sections 66264.112 (for fully-permitted Units) or
66265. 11 2 (for interim status Units) of Title 22 of this code as a report
of waste discharge, together with the applicable filing fee, provided that
such application includes the information required in this article.
(2) [Reserved.]
(3) [Reserved.]
(4) The discharger shall notify the regional board of changes in infor-
mation submitted under this chapter, including any material change in the
Page 109
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§2591
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
types, quantities, or concentrations of wastes discharged; site operations
and features; or proposed closure procedures, including changes in cost
estimates. The discharger shall notify the regional board a reasonable
time before the changes are made or become effective. No changes shall
be made without regional board approval following authorization for clo-
sure pursuant to the site closure notice required by subsection (c)(5) of
this section.
(b) Deadlines for Reporting.
( 1 ) Dischargers who own or operate existing waste management units
subject to this chapter for which waste discharge requirements were is-
sued before the effective date of this chapter shall, within six months of
the effective date of this section, submit a technical report to the regional
board describing the measures necessary to bring their monitoring pro-
grams into compliance with Article 5 of this chapter, including a sched-
ule for achieving compliance. The regional board shall modify waste dis-
charge requirements accordingly.
(2) Dischargers who own or operate existing waste management units
subject to this chapter for which waste discharge requirements were is-
sued before the effective date of this chapter shall submit a report of waste
discharge which complies with subsection (a) of this section to the re-
gional board, together with the appropriate filing fee, on request. Any
applicable information required by Sections 2594 through 2597 of this
article which has been submitted to the regional board, or another state
agency, may be incorporated by reference, provided that the report shall
not be considered complete until referenced information is received or
obtained by the regional board.
(3) Dischargers who own or operate existing waste management units
subject to this chapter which have not been classified under previous reg-
ulations and for which the discharger has not submitted a report of waste
discharge before the effective date of this chapter, shall submit a report
of waste discharge to the appropriate regional board within 60 days of the
effective date of this chapter as required by Subsection 2510(d) of this
chapter. The report shall be in accordance with subsection (a) of this sec-
tion.
(c) Notification:
( 1 ) The discharger shall notify the regional board in writing of any pro-
posed change of ownership or responsibility for construction, operation,
closure, or post-closure maintenance of a waste management unit sub-
ject to this chapter. This notification shall be given prior to the effective
date of the change and shall include a statement by the new discharger
that construction, operation, closure, and post-closure maintenance will
be in compliance with any existing waste discharge requirements and any
revisions thereof. The regional board shall amend the existing waste dis-
charge requirements to name the new discharger.
(2) The regional board shall be notified immediately of any slope fail-
ure occurring in a waste management unit subject to this chapter. Any
failure which threatens the integrity of containment features or the waste
management unit(s) subject to this chapter shall be promptly corrected
after approval of the method and schedule by the regional board.
(3) The regional board shall be notified within seven days if fluid is
detected in a previously dry leachate collection and removal system or
unsaturated zone monitoring system, or if a progressive increase is de-
tected in the volume of fluid in a leachate collection and removal system.
(4) The discharger shall comply with the notification requirements in
Article 5 of this chapter.
(5) The owner or operator of a waste management unit shall notify the
regional board of units to be closed at least 1 80 days prior to beginning
any partial or final closure activities, provided that the regional board
may specify a shorter interval for particular units in the waste discharge
requirements for such units. The notice shall include a statement that all
closure activities will conform to the most recently approved closure plan
and that the plan provides for site closure in compliance with all applica-
ble federal and state regulations.
(6) The owner or operator of a waste management unit shall notify the
regional board within 30 days after the completion of any partial or final
closure activities. The discharger shall certify under penalty of perjury
that all closure activities were performed in accordance with the most re-
cently approved closure plan and in accordance with all applicable regu-
lations. The discharger shall certify that closed waste management units
shall be maintained in accordance with an approved post-closure mainte-
nance plan unless post-closure maintenance has been waived pursuant
to subsection (a)(3) of this section.
(d) Any report submitted under this section or any amendn-ent or revi-
sion thereto which might affect containment features or monitoring sys-
tems shall be approved by a registered civil engineer or a certified engi-
neering geologist.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13260 and 13267, Water Code.
History
1. Amendment of subsections (a) and (a)(1), repealer of subsections (a)(2) and
{a)(3), and amendment of subsections (b)(l)-(b)(3), (c)(1), (c)(2) and (c)(4)
filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2591. Waste Discharge Requirements.
(a) The regional board shall adopt waste discharge requirements that
implement the appHcable provisions of this chapter.
(b) The regional board shall revise waste discharge requirements as
necessary to implement the provisions of this chapter.
(c) For waste management units subject to this chapter, classifications
and waste discharge requirements for existing units shall tie fully re-
viewed in accordance with schedules established by regional boards. In
no instance shall such review be beyond five years of the eftective date
of this section. The waste discharge requirements shall be revised to in-
corporate reclassification and retrofitting requirements as provided in
Subsecdons 2510(e) and 2540(b) of this chapter, as well as the revised
monitoring program developed under Subsection 2590(b)(i; of this ar-
ticle. The regional board shall specify in waste discharge reiquirements
the schedule for retrofitting of exisfing facilities. All retrofitting shall be
complete within five years from the issuance of the revised waste dis-
charge requirements.
(d) Waste discharge requirements for new waste management units or
for expansion of existing units shall not be effective until the regional
board is notified that all local agencies with jurisdiction to regulate land
use, solid waste disposal, air pollution, and to protect public health have
approved use of the site for discharges of waste to land.
(e) Appropriate classifications and waste discharge requirements for
all waste management units in a single facility may be included in a single
set of waste discharge requirements applicable to the facility as a whole
and to each within the facility. Requirements relating to precipitation and
drainage control systems for two or more adjacent waste management
units may be consolidated provided that consolidated requirements re-
flect standards for the highest level of containment appHcable to any
waste management unit involved.
(f) The discharger shall be required to maintain legible records of the
volume and type of each waste discharged at each waste management
unit and the manner and location of discharge. Such records shall be on
forms approved by the State Board and shall be maintained at the waste
management facility until the beginning of the post-closure maintenance
period. These records shall be available for review by representatives of
the State Board and regional boards at any time during normal business
hours. At the beginning of the post-closure maintenance period, copies
of these records shall be sent to the regional board.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172 and
13263, Water Code.
History
1. Amendment of subsections (a)-(c) filed 6-18-97; operative 7-18-97 (Register
97, No. 25).
§ 2592. Public Participation.
(a) To ensure adequate public participation in regional board proceed-
ings relating to land disposal of wastes, the following persons ;md enfities
shall receive individual notice of any public hearing or board meeting in-
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§2595
•
•
volving classification of waste management units or the issuance of
waste discharge requirements for classified units:
( 1 ) the discharger and responsible public agencies;
(2) news media serving the county as well as communities within five
miles of the waste management unit;
(3) citizens groups representing local residents;
(4) environmental organizations in affected counties; and
(5) interested industrial organizations.
(b) Notice of hearings or meetings related to Class I waste manage-
ment units or discharges of hazardous waste shall be given not less than
45 days before the meeting at which such actions will be taken, and co-
pies of the agenda package shall be available not less than 30 days before
the meeting, provided that enforcement actions involving releases of
hazardous wastes may be taken at meetings which comply with the
10-day notice requirements of the California State Body Open Meetings
Act and that emergency actions (as described in Subsection 647.2(d) of
this Chapter) shall be exempt from public participation and notice re-
quirements.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13260 and 13302, Water Code.
History
1. Amendment of subsections (a)(l)-(a)(4) filed 6-18-97; operative 7-18-97
(Register 97, No. 25).
§ 2593. Mandatory Closure (Cease and Desist Orders).
(a) If the regional board finds that early closure of a waste management
unit is necessary to prevent violation of waste discharge requirements, it
shall adopt a Cease and Desist Order pursuant to Section 13302 of the
Water Code which requires closure according to an approved closure and
post-closure maintenance plan.
(b) The discharger shall submit to the regional board a report including
the closure and post-closure maintenance plan described in Section 2597
of this article, if such a plan was not submitted with the report of waste
discharge; and a revised schedule for immediate termination of opera-
tions and closure.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13301 and
13304, Water Code.
§ 2594. Waste Characteristics.
(a) Dischargers shall provide the following information in the report
of waste discharge about the characteristics of wastes to be discharged
at the waste management units subject to this chapter.
(1) A list of the types, quantities, and concentrations of wastes pro-
posed to be discharged at each unit. Wastes and known waste constitu-
ents shall be specifically identified according to the most descriptive no-
menclature. A listing for hazardous waste constituents shall include
reference numbers for listings established by DHS or USEPA (e.g.. Ap-
pendix IX to §66264 of Title 22 of this code).
(2) A description of proposed treatment, storage, and disposal meth-
ods.
(3) An analysis of projected waste decomposition processes for each
waste management unit indicating intermediate and final decomposition
products and the period during which decomposition will continue fol-
lowing discharge.
NOTE: Authority cited: Section 1058. Reference: Sections 13172, 13260 and
13267, Water Code.
History
1. Amendment of subsections (a)-(a)(l) filed 6-18-97; operative 7-18-97 (Reg-
ister 97, No. 25).
§ 2595. Waste Management Unit Characteristics.
(a) Dischargers shall provide in the report of waste discharge an analy-
sis describing how the ground and surface water may affect the waste
management unit and how the unit may affect ground and surface water.
This information is used to determine the suitability of the unit with re-
spect to ground water protection and avoidance of geologic hazards. It
will also be used to demonstrate that the unit meets the classification cri-
teria set forth in Article 3 of this chapter.
(b) Dischargers shall provide the following data on the physical char-
acteristics of the waste management unit and the surrounding region in
order to demonstrate suitability for the Class I classification. Information
shall be presented in understandable written, tabular, and graphic format
as appropriate, and shall be at a level of detail appropriate for the Class
I Unit classification. Plans, diagrams, and other graphics shall be pre-
pared to appropriate scale and each shall include a legend identifying the
information presented. All sources of data shall be identified.
(c) If a report submitted by a discharger refers to another source, the
relevant information from that source shall be restated in the report. If the
source is not generally available, the relevant portion(s) of the source
shall be included verbatim in the report as an appendix.
(d) Topography
(1) A map of the waste management unit and its surrounding region
within one mile of the unit, showing elevation contours, natural ground
slopes, drainage patterns, and other topographic features.
(2) Identification of whether the facility is located within a 100-year
floodplain. This identification must indicate the source of data for such
determination and include a copy of the relevant Federal Emergency
Management Administration (FEMA) flood map, if used, or the calcula-
tions and maps used where an FEMA map is not available. Information
shall also be provided identifying the 100-year flood plain and any other
special flooding factors (e.g., wave action) which must be considered in
designing, constructing, operating, or maintaining the facility to with-
stand washout from a 100-year flood. Owners and operators of facilities
located in the 100-year floodplain shall provide the following informa-
tion:
(A) Engineering analysis to indicate the various hydrodynamic and
hydrostatic forces expected to result at the site as consequence of a
100-year flood.
(B) Structural or other engineering studies showing the design of
waste management units and flood protection devices (e.g., floodwalls,
dikes) at the facility and how these will prevent washout.
(e) Climatology — Dischargers shall calculate required climatologic
values for Class I waste management units from measurements made at
a nearby climatologically similar station. In addition to the required cal-
culations for each unit, dischargers shall provide the source data from
which such values were calculated, together with the name, location, and
period of record of the measuring station.
(1 ) A map showing isohyetal contours for the proposed waste manage-
ment unit and its surrounding region within ten miles, based on data pro-
vided by the National Weather Service or other recognized federal, state,
local, or private agencies.
(2) Estimated maximum and minimum armual precipitation at the pro-
posed waste management unit.
(3) Maximum expected 24-hour precipitation for storm conditions
specified as design criteria for Class I waste management units, as pre-
scribed in Table 4. 1 of Article 4 of this chapter.
(4) Estimated mean, minimum, and maximum evaporation, with the
months of occurrence of maximum and minimum evaporation, for the
proposed waste management unit.
(5) Projected volume and pattern of runoff for the proposed waste
management unit including peak stream discharges associated with the
storm conditions specified as design criteria for a Class I Unit, as pre-
scribed in Table 4.1 of Article 4 of this chapter.
(6) An estimated wind rose for the proposed waste management unit
showing wind direction, velocity, and percentage of time for the indi-
cated direction.
(f) Geology
(1) A geologic map and geologic cross-sections of the waste manage-
ment unit showing lithology and structural features. Cross-sections shall
be indexed to the geologic map and shall be located to best portray geo-
logic features relevant to discharge operations.
(2) A description of natural geologic materials in the waste manage-
ment unit and its surroundings, including identification of rock types, na-
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§2595
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
ture of alteration depth and nature of weathering, and all other pertinent
lithologic data.
(3) A description of the geologic structure of the waste management
unit, including the attitude of bedding (if any); thickness of beds (if any);
the location, attitude, and condition (tight, open, clay- or gypsum-filled,
etc.) of any fractures; the nature, type (anticlinal, synclinal, etc.). and
orientation of any folds; the location, attitude, and nature (tight, gouge-
filled, etc.) of any faults; and all other pertinent structural data.
(4) The results of a testing program for determination of physical and
chemical properties of soils needed to formulate detailed site design cri-
teria.
(5) A determination of the expected peak ground acceleration at the
waste management unit associated with the maximum credible earth-
quake. The methodology used shall consider regional and local seismic
conditions and faulting. Data and procedures shall be consistent with cur-
rent practice and shall be based on an identified procedure or publication.
The analyses shall include modificafions to allow for site-specific sur-
face and subsurface conditions. The peak ground acceleration so deter-
mined shall be the stability and factors of safety for all embankments, cut
slopes, and associated landfills during the design life of the unit. The
analysis shall include:
(A) the method use to calculate the factors of safety (e.g.. Bishop's mo-
dified method of slices, Fellinius circle method, etc.);
(B) the name of any computer program used to determine the factors
of safety; and
(C) a description of the various assumptions used in the stability analy-
ses (height of fill, slope-and-bench configuration, etc.).
(6) Dischargers who own or operate new Class I waste management
units and expansions of existing units shall demonstrate that no faults
which have had displacement in Holocene time pass within 200 feet of
units. This demonstration may be made using either published geologic
data or data obtained from field investigations carried out by the appli-
cant. The information provided shall be acceptable to geologists experi-
enced in identifying and evaluating seismic activity. The information
submitted shall show that either:
(A) no faults which have had displacement in Holocene time are pres-
ent, or no lineations which suggest the presence of a fault (which have
displacement in Holocene time) within 3,000 feet of a facility are present,
based on data from;
1. published geologic studies,
2. aerial reconnaissance of the area within a 5-mile radius from the fa-
cility,
3. an analysis of aerial photographs covering a 3,000-foot radius of the
facility, and
4. if needed to clarify the above data, a reconnaissance based on walk-
ing portions of the area within 3,000 feet of the facility, or
(B) if faults (to include lineations) which have had displacement in
Holocene time are present within 3,000 feet of a facility, no faults pass
within 200 feet of the portions of the facility where treatment, storage, or
disposal of hazardous waste will be conducted, based on data from a
comprehensive geologic analysis of the site. Unless a site analysis is
otherwise conclusive concerning the absence of faults within 200 feet of
such portions of the facility data shall be obtained from a subsurface ex-
ploration (trenching) of the area within a distance no less than 200 feet
from portions of the facility where treatment, storage, or disposal of haz-
ardous waste will be conducted. Such trenching shall be performed in a
direction that is perpendicular to known faults (which have had displace-
ment in Holocene time) passing within 3,000 feet of the portions of the
facility where treatment, storage, or disposal of hazardous waste will be
conducted. Such investigation shall document with supporting maps and
other analyses, the location of faults found.
(g) Hydrology
(1) An evaluation of the water-bearing characteristics of the natural
geologic materials identified under subsection (f)(2) of this section in-
cluding determination of permeability, delineation of all ground water
zones and basic data used to determine the above.
(2) An evaluation of the in place permeability of soils immediately un-
derlying waste management unit. This evaluation shall include:
(A) permeability data, in tabular form, for selected locations within the
unit;
(B) a map of the unit showing test locations where these permeability
data were obtained; and
(C) an evaluation of the test procedures and rationale used to obtain
these permeability data.
(3) An evaluation of the perennial direction(s) of ground water move-
ment within the uppermost ground water zone(s) within one mile of the
waste management facility perimeter.
(4) Estimates of the height to which water rises due to capillary forces
above the uppermost ground water zone(s) beneath and within one mile
of the waste management facility perimeter. These estimat(is shall in-
clude an evaluation of the methods and rationale used in their develop-
ment.
(5) A map showing the location of all springs in the waste management
facility and within one mile of its perimeter. The map shall be accompa-
nied by tabular data indicating the flow and the mineral quality of the wa-
ter from each spring.
(6) An evaluation, supported by water quality analyses, of the quality
of water known to exist under or within one mile of the was .e manage-
ment facility perimeter including all data necessary to establish water
quality protection standards.
(7) A tabulation of background water quality for all appliccble indica-
tor parameters and waste constituents.
(A) Background water quality for an indicator parameter or a waste
constituent in ground water shall be based on data from quarterly sam-
pling of wells upgradient from the waste management unit fcr one year.
These analyses shall:
1 . account for measurement errors in sampling and analysis; and
2. account for seasonal fluctuations in background water quality, if
such fluctuations are expected to affect the concentration of the hazard-
ous constituent.
(B) In an evaluation monitoring program, background wt.ter quality
may be based on appropriate water quahty data that are available before
waste discharge requirements are issued in lieu of a one-year monitoring
program.
(C) Background water quality of ground water may be based on sam-
pling of wells that are not upgradient from the waste management unit
where:
1 . hydrogeologic conditions do not allow the determination of the up-
gradient direction; or
2. sampling at other wells will provide a representative indication of
background water quahty.
(D) In developing the data base used to determine a background value
for each indicator parameter or waste constituent in ground water, the
discharger shall take a minimum of one sample from each well used to
determine background. A minimum of four samples shiill be taken from
the entire system used to determine background water quality, each time
the system is sampled. Should there be only one background well, the
four measurements per quarter shall be obtained by splitting the sample
from the one well into four aliquots and conducting separate analyses for
each aliquot.
(h) Land and water use
(1 ) A map showing the locations of all water wells, oil wells, and geo-
thermal wells in the waste management unit or within one mil e of its pe-
rimeter.
(2) Name and address of the owner of each well indicated in subsection
(h) of this section.
(3) Well information, where available, for each water well indicated
in subsection (h)(1) of this section including, but not limited to:
•
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§2597
(A) total depth of well;
(B) diameter of casing at ground surface and at total depth;
(C) type of well construction (cable-tool, rotary, etc.);
(D) depth and type of perforations;
(E) name and address of well driller;
(F) year of well construction;
(G) use of well (agricultural, domestic, stock watering, etc.);
(H) depth and type of seals;
(I) lithologic, geophysical, and other types of well logs, if available;
and
(J) water levels, pump tests, water quality, and other well data, if avail-
able.
(4) Current land use within one mile of the perimeter of the waste man-
agement unit, including:
(A) types of land use (e.g., residential, commercial, industrial, agricul-
tural, recreational, etc.);
(B) types of crops;
(C) types of livestock; and
(D) number and location of dwelling units.
(5) Current and estimated future use of ground water within one mile
of the perimeter of the waste management unit.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13172,
13260 and 13267, Water Code.
History
1. Amendment of subsections (a), (b), (d)(2), (e), (e)(3), (e)(5), (0(5) and
(f)(6)(A)4., repealer of subsection (f)(7), and amendment of subsection
(g)(7)(B) filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2596. Design Report and Operations Plan.
(a) Design Report
(1) Dischargers who own or operate classified waste management
units shall submit detailed preliminary and as-built plans, specifications,
and descriptions for all liners, containment structures, leachate collection
and removal system components, leak detection system components,
precipitation and drainage control facilities, and interim covers which
will be installed or used at each unit. Dischargers shall submit a descrip-
tion of and location data for ancillary facilities including roads, waste
handling areas, buildings, and equipment cleaning facilities.
(2) Dischargers who submit information described in subsection (a)( 1)
of this section to DTSC pursuant to Sections 66264. 11 2 (for fully-per-
mitted Units) or 66265. 1 1 2 (for interim status Units) of Title 22 of this
code need not submit this information to the regional board as a separate
submittal. A copy of all information described in subsection (a)(1) of this
section submitted to DTSC shall also be submitted to the regional board.
(3) Dischargers shall submit detailed plans and equipment specifica-
tions for compliance with the ground water and unsaturated zone moni-
toring requirements of Article 5 of this chapter. Dischargers shall provide
a technical report which includes rationale for the spatial distribution of
ground water and unsaturated zone monitoring facilities, for the design
of monitoring points, and for the selection of other monitoring equip-
ment. This report shall be accompanied by:
(A) a map showing the locations of proposed monitoring facilities; and
(B) drawings and data showing construction details of proposed moni-
toring facilities. These data shall include;
1 . casing and test hole diameter;
2. casing materials (PVC, stainless steel, etc.);
3. depth of each test hole;
4. size and position of perforations;
5. method of joining sections of casing;
6. nature of filter material;
7. depth and composition of seals; and
8. method and length of time of development; and
(C) specifications, drawings, and data for location and installation of
unsaturated zone monitoring equipment.
(4) Dischargers shall submit proposed construction and inspection
procedures to the regional board for approval.
(b) Operation Plans
(1) Dischargers shall submit operation plans describing the waste
management unit operation which shall include:
(A) a description of proposed treatment, storage, and disposal meth-
ods;
(B) contingency plans for the failure or breakdown of waste handling
facilities or containment systems, including notice of any such failure, or
any detection of waste or leachate in monitoring facilities, to the regional
board, local governments, and water users downgradient of waste man-
agement units; and
(C) description of inspection and maintenance programs which will be
undertaken regulariy during disposal operations and the post-closure
maintenance period.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13360,
Water Code.
History
1. Amendment of subsections (a)(2), (a)(3) and (a)(3)(B)7.-8. filed 6-18-97; op-
erative 7-18-97 (Register 97, No. 25).
§ 2597. Closure and Post-Closure Maintenance Plan.
(a) The following information shall be included in the closure and
post-closure maintenance plans:
(1) Projected schedule for partial and final closure.
(2) Description of proposed final treatment procedures which may be
used for the wastes in each waste management unit, including methods
for total removal and decontamination, if applicable. If alternative treat-
ment or disposal procedures are under consideration for particular units
or for the entire facility, a description of the alternatives is required.
(3) A topographic map, at appropriate scale, contour interval, and de-
tail showing the boundaries of the unit or facility to be closed and proj-
ected final contours and any changes in natural surface drainage patterns.
(4) A description of the design and the location of all features and sys-
tems which will provide waste containment during the post-closure
maintenance period to the extent that such features and systems differ
from those described under Section 2596 of this article.
(5) A description of the precipitation and drainage control features at
closed units, to the extent that such features differ from those described
under Section 2596 of this article.
(6) A description of the leachate control features and procedures at
closed units, to the extent that such features and procedures described un-
der Section 2596 of this article.
(7) A map and discussion of ground water and unsaturated zone moni-
toring programs for the post-closure maintenance period, including loca-
tion, construction details, and rationale of all monitoring facilities; to the
extent that such systems differ from those described under Section 2596
of this article.
(8) An evaluation of anticipated settlement due to decomposition and
compaction of wastes and subsidence of underlying natural geologic ma-
terials.
(9) A description of the nature of the final cover, including its physical
characteristics, permeability, thickness, slopes, elasticity (shrink and
swell), and erodability, including design details of all proposed landscap-
ing, drainage and irrigation facilities, and other features to be placed over
the final cover.
( 1 0) The post-closure land use of the disposal site and the surrounding
area.
(11) Estimates of costs for closure and post-closure maintenance for
the anticipated post-closure maintenance period.
(b) If the waste management unit is to be used for purposes other than
nonirrigated open space during the post-closure maintenance period, the
discharger shall submit a map showing all proposed structures, landscap-
ing, and related features to be installed and maintained over the final
landfill cover. This map shall be at a scale of 1" = 100' and shall be ac-
companied by:
(1) a description and quantification of water entering, leaving, and re-
maining on-site from all sources to determine potential adverse impacts
due to the proposed use, and corresponding mitigative design features
that will ensure the physical and hydraulic integrity of the final cover; and
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§2600
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(2) detailed design plans and description(s) of the monitoring sys-
tem(s) that will effectively detect penetration of the final cover by precip-
itation or applied inigation waters.
(c) dischargers who submit information described in subsection (a) of
this section to DTSC pursuant to Sections 66264.112 (for fully-per-
mitted Units) or 66265. 112 (for interim status Units) of Title 22 of this
code need not submit this information to the regional board as a separate
submittal. A copy of all information described in subsection (a) of this
section submitted to DTSC shall also be submitted to the regional board.
(d) the regional board shall approve the water quality aspects of clo-
sure and post-closure maintenance plans for Class I waste management
units.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13360,
Water Code.
History
1 . Amendment of subsections (b)( 1 ), (c) and (d) filed 6-1 8-97; operative 7-18-97
(Register97, No. 25).
Article 10. Definitions
§ 2600. Statutory Definitions.
Except as otherwise indicated in this article, definitions of terms used
in this chapter shall be those set forth in Division 7 (commencing with
Section 13000) of the Water Code, or Chapter 6.5 of Division 20 of the
Health and Safety Code (commencing with Section 25100).
History
1. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
§ 2601. Technical Definitions.
"Active life" means the period during which wastes are being dis-
charged to a waste management unit. The active life continues until final
closure of the waste management unit has been initiated pursuant to Ar-
ticle 8 of this chapter. For surface impoundments, the active life includes
any time when the impoundment contains liquid fluid, including waste
and leachate.
"Affected medium" means any medium (e.g., ground water, surface
water, or the unsaturated zone) that has been affected by a release from
a waste management unit.
"Aquifer" means a geologic formation, group of formations, or part of
a formation capable of yielding a significant amount of ground water to
wells or springs.
"Attitude" means the orientation in space of a geologic structural fea-
ture or structural element position of a geologic bed, stratum, fracture, or
surface relative to the horizontal.
"Background" means the concentrations or measures of constituents
or indicator parameters in water or soil that has not been affected by waste
constituents, or leachate from a the waste management unit being moni-
tored.
"Background monitoring point" means a well, device, or location spe-
cified in the waste discharge requirements at which monitoring for back-
ground water quality or background soil quality is conducted.
"Background plot" means an area adjacent to a waste management
unit used for land treatment that can reasonably be expected to have the
same, or similar soil conditions as were present at the waste management
unit prior to discharges of waste.
"Best management practices" means a practice, or combination of
practices, that is the most effective and feasible means of controlling pol-
lution generated by nonpoint sources for the attainment of water quality
objectives.
"Capillary forces" means the adhesive force between liquids and sol-
ids which, in the case of ground water hydrology, causes soil-pore liquid
to move in response to differences in matric potential. This effect causes
water to rise from a saturated zone into the unsaturated zone, thereby
creating a capillary fringe forces that cause ground water to rise above
the surface of the saturated zone into the spaces between soil particles in
the unsaturated zone.
"Classified waste management unit" means a waste management unit
that has been classified by a regional board according to tht; provisions
of Article 3 of this chapter.
"Closure" means termination of waste discharges at a waste manage-
ment unit and operations necessary to prepare the closed uriit for post-
closure maintenance. Closure may be undertaken incrementally.
"Coefficient of variation" means the standard deviation divided by the
mean. It is a statistical measure of the dispersion of individual samples
relative to the mean value of the samples.
"Concentration limit" means the value for a constituent specified in
the water quality protecfion standard including, but not limited to, values
for concentration, temperature, pH, conductivity, and resistivity.
"Confined animal facility" means any place where cattle, calves,
sheep, swine, horses, mules, goats, fowl, or other domestic animals are
corralled, penned, tethered, or otherwise enclosed or held and where
feeding is by means other than grazing.
"Consdtuent" means an element or compound which occurs in or is
likely to be derived from waste discharged to the waste management unit
or a component of waste which is detectable.
"Constituents of concern" means any waste constituents, reaction
products, and hazardous constituents that are reasonably expected to be
in or derived from waste contained in a waste management anit.
"Containment" means the use of waste management unit characteris-
tics or installed systems and structures to prevent or restrict the release
of waste constituents or leachate.
"Containment feature" means any feature, whether natural or artifi-
cial, used to contain waste constituents or leachate.
"Containment structure" means an artificial feature installed to con-
tain waste constituents or leachate.
"Contaminated materials" means materials that contain waste constit-
uents, or leachate.
"Control chart" means a graphical method for evaluating whether a
process is or is not in a state of statistical control.
"Cover" means a membrane or earthen layer placed over the closed
portion of a waste management unit.
"Cross-contamination" means a condifion created when a drill hole,
boring, or improperly-constructed well forms a pathway for fiuid move-
ment between a saturated zone which contains pollutants and a formerly
separated saturated zone containing uncontaminated ground water.
"Cutoff wall" means a subsurface barrier to lateral fluid movement
which extends from in-place natural geologic materials with the required
permeability to ground surface.
"Decomposable waste" means waste which, under suitable natural
conditions, can be transformed through biological and cheimical pro-
cesses into compounds which do not impair the quality of waters of the
state. Incomplete decomposition, may result in some water quality degra-
dation (e.g., hardness, taste, odor, etc.).
"Dedicated" means a waste management unit which is used exclusive-
ly for discharges of particular wastes.
"Dendritic" means a subdrain system that is arranged in a branching
pattern.
"Dewatered sludge" means residual semi-solid waste frorr which free
liquid has been evaporated, or otherwise removed.
"Discharger" means any person who discharges waste which could af-
fect the quality of waters of the state, and includes any person who owns
a waste management unit or who is responsible for the operation of a
waste management unit. When referring to dischargers of hazardous
waste, the terms "discharge" and "waste" in this definition have the same
meaning as they would have under the definitions for these terms pro-
vided in section 66260. 10 of Chapter 1 1 of Division 4.5 of Tit. e 22, CCR,
effective July 1, 1991.
"DTSC" means Department of Toxic Substances Control.
"Electrical conductivity" means the relative ability of wate:: to conduct
electrical current. It depends on the ion concentration of and can be used
Page 114
Register 97, No. 25; 6-20-97
Title 23
State Water Resources Control Board
§2601
to approximate the total filterable residue (total dissolved solids) in the
water.
"Excess exposure" means that, for an organism exposed to a release
from a waste management unit, the combined effect of all hazardous con-
stituents in the organism's environment is such that the organism will
suffer some measureable adverse effect on health or reproductive suc-
cess, which is partly or wholely attributable to the release.
"External hydrogeologic forces'" means seasonal and other fluctua-
tions in ground water levels, and any other hydraulic condition which
could cause a change in the hydraulic stress on a containment staicture.
"Facility" - See "Waste Management Facility."
"Facility wastewater" means all wastewater, from whatever source,
produced at a confined animal facility.
"Floodplain" means the land area which is subject to flooding in any
year from any source.
"Freeboard" means the vertical distance between the lowest point
along the top of a surface impoundment dike, berm, levee, or other simi-
lar feature and the surface of the liquid contained therein.
"Free liquid" means liquid which readily separates from the solid por-
tions of waste under ambient temperature and pressure. Free liquids are
not present when a 100 milliliter representative sample of the waste can
be completely retained in a standard 400 micron conical paint filter for
5 minutes without loss of any portion of the waste from the bottom of the
filter (or an equivalent test approved by DTSC).
"Geologic materials" means in-place naturally occurring surface and
subsurface rock and soil.
"Ground acceleration" means acceleration of earth particles caused by
an earthquake.
"Ground rupture" means disruption of the ground surface due to an
earthquake any structural disruption of the ground surface due to natural
or man-made forces; e.g., faulting, landslides, subsidence.
"Ground water" means (for the purpose of this chapter) water below
the land surface that is at or above atmospheric pressure.
"Grout curtain" means a subsurface barrier to fluid movement, in-
stalled by injecting grout mixtures (such as cement, silicates, synthetic
resins, etc.) to fill and seal fractures in rock.
"Hazardous constituent" means a constituent identified in Appendix
VIII to Chapter 11 ofDivision 4.5 ofTitle 22, CCR, or an element, chemi-
cal compound, or mixture of compounds which is a component of a waste
or leachate and which has a physical or chemical property that causes the
waste or leachate to be identified as a hazardous waste by the California
Department of Toxic Substances Control.
"Hazardous waste" means any waste which, under Article 1 , Chapter
1 1 , Division 4.5 (§6626 1.3 et seq.) of Title 22 of this code, is required to
be managed according to Division 4.5 ofTitle 22 of this code.
"Head" or "hydraulic head" means the pressure exerted by fluid on a
given area. It is caused by the height of the fluid surface above the area.
"Holocene fault" means a fault which is or has been active during the
last 1 1 ,000 years.
"Inactive mining waste management unit" means any area containing
mining wastes which is located at a present or former mining or milling
site, and where all mining operations and discharges of mining waste en-
ded and have not been resumed for 5 years, or more.
"Independent sample" means an individual sample of a monitored me-
dium, obtained from a given monitoring point, that:
(1) does not contain a parcel of the medium that has been previously
sampled at that monitoring point sufficient to cause a measurable effect
in the analytical results; and
(2) has not been otherwise affected differently than any other individu-
al sample or group of samples with which it will be compared.
In applying No. 1 above to ground water monitoring, the parcel of wa-
ter of interest is the parcel of water that was in the well bore at the time
of any previous sampling event.
"Indicator parameters" means measurable physical or chemical char-
acteristics of water or soil-pore moisture which are used to detect the
presence of waste constituents in water or soil-pore moisture, or the ef-
fects of waste constituents on waters of the state.
"Interim cover" means any cover other than the final cover. It includes
daily cover and intermediate cover as defined in Title 14 of this code.
"Landfill" means a waste management unit at which waste is dis-
charged in or on land for disposal. It does not include surface impound-
ment, or waste pile, land treatment, or soil amendments.
"Land treatment unit" or "land treatment facility" means a waste man-
agement unit at which liquid and solid waste is discharged to, or incorpo-
rated into, soil for degradation, transformaUon, or immobilization within
the treatment zone. Such units are disposal units if the waste will remain
after closure.
"Leachate" means any liquid fluid, formed by the drainage of liquids
from waste or by the percolation or flow of liquid through waste. It in-
cludes any constituents extracted from the waste and dissolved or sus-
pended in the fluid.
"Liner" means a continuous layer of natural or artificial material or a
continuous membrane of artificial material installed beneath or on the
sides of a waste management unit, which acts as a barrier to vertical or
lateral fluid movement.
"Liquid waste" means any waste materials which are not spadable.
"Manure" means the accumulated moist animal excrement that does
not undergo decomposition or drying as would occur on open grazing
land or natural habitat. This definition shall include feces and urine which
may be mixed with bedding materials, spilled feed, or soil.
"Maximum credible earthquake" means the maximum earthquake
that appears capable of occurring under the presently known geologic
framework. In determining the maximum credible earthquake, little re-
gard is given to its probabihty of occurrence except that its likelihood of
occurring is great enough to be of concern.
"Maximum probable earthquake" means the maximum earthquake
that is likely to occur during a 100-year interval.
"Mining waste" means all waste materials (solid, semi-solid, and liq-
uid) from the mining and processing of ores and minerals including soil,
waste rock, and other forms of overburden as well as tailings, slag, and
other processed mining wastes.
"Moisture-holding capacity" means the amount of hquid which can
be held against gravity by waste materials without generating free liquid.
"Monitoring parameter" means one of the set of parameters specified
in the waste discharge requirements for which monitoring is conducted.
Monitoring parameters shall include physical parameters, waste constit-
uents, reaction products, and hazardous constituents, that provide a reli-
able indication of a release from a waste management unit.
"Monitoring point" means a well, device, or locafion specified in the
waste discharge requirements at which monitoring is conducted and at
which the water quality protection standard apphes.
"Operating" means waste management units which are currenfly re-
ceiving wastes. It includes temporarily idle units containing wastes and
at which discharges of waste may resume.
"Peak stream flow" means the maximum expected flow of surface wa-
ter at a waste management facility from a tributary watershed for a given
recurrence interval.
"Perched ground water" means a body of unconfined ground water
separated from the zone of saturation by a portion of the unsaturated
zone. Such perched water may be either permanent or ephemeral.
"Permeability" means the ability of natural and artificial materials to
transmit fluid.
"Physical parameter" means any measurable physical characteristic of
a substance including, but not limited to, temperature, electrical conduc-
tivity, pH, and specific gravity.
"Point of compliance" means a vertical surface located at the hydrauli-
cally downgradient limit of a waste management unit that extends
through the uppermost aquifer underlying the unit.
"Post-closure maintenance" means all activities undertaken at a
closed waste management unit to maintain the integrity of containment
Page 115
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§2601
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
features and to monitor compliance with applicable performance stan-
dards.
"Post-closure maintenance period" means the period after closure
during which the waste could have an adverse effect on the quality of the
waters of the state.
"Probable maximum precipitation" means the estimated amount of
precipitation for a given duration, drainage area, and time of year, which
approaches and approximates the maximum that is physically possible
within the limits of contemporary hydrometeorological knowledge and
techniques. These is virtually no risk of its being exceeded.
"P-value" means the smallest significance level for which the null hy-
pothesis would be rejected, based on the data that was actually observed.
"Rapid geologic change" means alteration of the ground surface
through such actions as landslides, subsidence, liquefaction, and fault-
ing.
"R Chart (range chart)" means a control chart for evaluating the vari-
ability within a process in terms of the subgroup range R.
"Reconstruction" means modification to an existing waste manage-
ment unit which entails costs amounting to 50 percent or more of the ini-
tial cost of the unit.
"Relative compacfion" means the degree of compacfion achieved, as
a percentage of the laboratory compaction, in accordance with accepted
civil engineering practices.
"Runoff means any precipitation, leachate, or other liquid that drains
from any part of a waste management unit.
"Runon" means any precipitation, leachate, or other liquid that drains
onto any part of a waste management unit.
"Saturated zone" means an underground zone in which all openings
in and between natural geologic materials are filled with water.
"Semi-solid waste" means waste containing less than 50 percent sol-
ids.
"Sensitive biological receptor of concern" means a member of any
species of organism whose members are likely to be exposed to a release
from a waste management unit and experience some measurable adverse
effect as a result of that exposure.
"Slope failure" means downward and outward movement of ground
slopes (e.g., natural rock, soil, artificial fills, or continuafions of these
materials).
"Sludge" means residual sohds and semi-solids from the treatment of
water, wastewater, and other liquids. It does not include liquid effluent
discharged from such treatment processes.
"Soil-pore liquid" means the liquid contained in openings between
particles of soil in the unsaturated zone.
"Sorbent" means a substance which takes up and holds a liquid either
by absorption or adsorpdon.
"Statistically significant" means that the measured difference between
a sample value (e.g., monitoring samples) and background values (or val-
ues set as water quality objectives, etc.) is greater than the difference that
could be measured between various samples from substances known to
have the same characteristics a statistical test has a p-value that is small
enough for the null hypothesis to be rejected.
"Storage" means the holding of waste for a temporary period, at the
end of which, the waste is either treated or is discharged elsewhere.
"Storm" means the maximum precipitation for a given duration that
is expected during the given recurrence interval.
"Surface impoundment" means a waste management unit which is a
natural topographic depression, excavadon, or diked area, and which is
designed to contain liquid wastes or wastes containing free liquids, and
which is not an injection well.
"Tailings pond" means an excavated or diked area and which is in-
tended to contain liquid and solid wastes from mining and milling opera-
dons.
"Transmissivity" means the rate at which water of the prevailing kine-
matic viscosity is transmitted through a unit width of the aquifer under
a unit hydraulic gradient rate at which fluid will pass through a given area
of the saturated zone.
"Treatment" means any method, technique, or process designed to
change the physical, chemical, or biological characteristics of waste so
as to render it less harmful to the quality of the waters of the state, safer
to handle, easier to contain or manage, including use as fuel, nutrient, or
soil amendment.
"Treatment zone" means a soil area of the unsaturated zone of a land
treatment unit within which consdtuents of concern are degraded, trans-
formed, or immobilized.
"Underlying ground water," for the purposes of waste rranagement
unit siting criteria, includes water which rises above the saturated zone
of saturadon due to capillary forces.
"Unified Soil Classificadon System" means one of the several gener-
ally accepted methods for soil idendfication and classificadon for con-
strucdon purposes presented in Geotechnical Branch Training Manuals
No. 4, 5, and 6, published by the United States Bureau of Reclamation
in January of 1986, which is hereby incorporated by referenc(; (available
from Bureau of Reclamation, Engineering and Research Center, Atten-
don: Code D-7923-A, P.O. Box 25007, Denver, Colorado 80225).
"Unsaturated zone" means the underground zone in which not all
openings in and between natural geologic material are filled ^vith water.
The zone may contain water and other liquids held by capillary forces,
or percolating liquids between the ground surface and the regional water
table or, in cases where the uppermost aquifer is confined, die zone be-
tween the ground surface and the top of the saturated pordon of the con-
fining layer.
"Uppermost aquifer" means the geologic formadon nearest the natural
ground surface that is an aquifer, as well as lower aquifers that are hy-
draulically interconnected with this aquifer.
"Waste consdtuent" means a constituent that is reasonably expected
to be in or derived from waste contained in a waste management unit.
"Waste management facility" or "facility" means the entiie parcel of
property at which waste discharge operadons are conducted. Such a facil-
ity may include one or more waste management units.
"Waste management unit" means an area of land, or a pordon of a
waste management facility, at which waste is discharged. The term in-
cludes containment features and ancillary features for precipitation and
drainage control and monitoring.
"Waste pile" means a waste management unit at which only noncon-
tainerized, bulk, dry solid waste is discharged and piled on the land sur-
face.
"X Bar chart" means a control chart for evaluating the process level
or subgroup differences in terms of the subgroup average.
"Zone of saturation" means the subsurface zone extending downward
from the base of the unsaturated zone in which the interstices are filled
with water under pressure that is equal to or greater than atmospheric
pressure. Although the zone may contain gas-filled intersdc3s or inter-
sdces filled with fluids other than water, it is still considered saturated.
NOTE: Authority cited: Section 1058, Water Code, Reference: Section 13172,
Water Code.
History
1. Amendment of definitions of "Active life," "Attitude," "Background," "Capil-
lary forces," "Consdtuent," "Discharger," "Ground rupture," "Ground water,"
"Landfill," "Land treatment unit," "land treatment facility," "Leacnate," "Rap-
id geologic change," "Statistically significant," "Transmissivity," "Underlying
ground water," "Unified Soil Classification System," "Unsaturated zone"; and
new definitions of "Affected medium," "Aquifer,"' "Background monitoring
point," "Concentration limit," "Excess exposure," "Facility," "Hazardous con-
stituent," "Independent sample," "Monitoring parameter," "Monitoring point,"
"Perched ground water," "Physical parameter," "Point of compliance," "P-va-
lue," "R Chart (range chart)," "Sensitive biological receptor of concern,"
"Treatment zone," "Uppermost aquifer," "Waste constituent," "X Bar chart,"
"Zone of saturation," filed 5-24-91; operadve 7-1-91 (Register 91, No. 22).
2. Editorial correction of Appendix II (Register 95, No. 43).
Page 116
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Title 23
State Water Resources Control Board
§ 2601
3. Amendment of definitions of "Active life," "Classified waste management
unit.'" "Constituent," "Free liquid," "Ground water" and "Hazardous constitu-
ent": new definitions for "DTSC" and "Hazai^dous waste"; and repealer of Ap-
pendices 11 and 111 filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
Appendix I.
Step-By-Step Guide to Clay
Liner-Leachate Compatibility Testing^
' Presented by David Anderson and Gordon Evans of K. W. Brown and Associ-
ates as pait of the Soil Liners workshop. Permit Writers Training Program, con-
ducted by EPA in San Francisco, California, November 14-17, 1983.
There is currently no standard scheme for evaluating clay liner-lea-
chale compatibility. Following is a suggested step-by-step method for
evaluating compatibility.
Step 1 : Obtain Representative Waste Samples
Guidance
The first step in analyzing waste-liner compatibility is to obtain a rep-
resentative sample of the waste to be stored. If any liquids are present in
the waste, make sure that the liquids do not drain out of the waste. The
sample must contain these liquids to adequately indicate waste liner com-
patibility.
Method
Several methods for obtaining samples of hazardous wastes are dis-
cussed in Section One of Test Methods for Evaluating Solid Waste (EPA,
1982b). Data supphed on the wastes should include the following:
a. EPA Hazardous Waste Numbers (D, F, and K numbers)
b. Physical Class of Waste (aqueous-inorganic; aqueous-organic; or-
ganic, or solid, sludge, or slurry) Aqueous-inorganic (AI) and aqueous-
organic (AO) are classes of waste in which water is the solvent (predomi-
nant liquid), and the solutes are mostly inorganic and organic,
respectively. Organic (O) is the class of waste in which the predominant
liquids are organic, and the solutes are mostly other organic chemicals
dissolved in the organic solvent. Solids, sludges, and slurries (S) are
wastes high in solids such as tailings, settled matter, or filter cakes.
c. Waste Stream Description (describe the production and waste treat-
ment processes from which the waste stream is generated)
d. Percent Solids (wet weight basis) (determine by drying
waste at 10"C for 24 hours)
Step 2: Extract Primary Leachate
Guidance
The primary leachate is the liquid that can be extracted from the waste.
It is collected and used to evaluate liner compatibility with liquids present
in a waste. If there is more than one distinct immiscible phase in the pri-
mary leachate, collect enough of each phase (approximately 5 liters per
primary leachate phase) to perform the compatibility testing with each
phase.
Method
The primary leachate is extracted from the waste by vacuum filtration
at 25°C and should be measured as a percentage of the total waste on a
wet weight basis. Attach a large capacity porcelain buchner funnel to a
large capacity sidearm flask. Place a rapid flow rate, glass fiber filter
circle in the buchner funnel. Wet the filter with a few drops of water, and
load the buchner funnel with fresh waste. Connect the flask to an aspira-
tor pump and apply a vacuum to the waste for five minutes or until most
of the liquids are removed from the waste. Remove the solids from the
buchner furmel, place a clean filter circle in the funnel, wet the filter as
before, and reload the funnel with fresh waste. Repeat the above process
until sufficient primary leachate has been collected for testing (approxi-
mately five liters). If no liquids are extractable from the waste, proceed
with step three.
Step 3: Extract Secondary Leachate
Guidance
The secondary leachate is an aqueous extract of the waste, ll is col-
lected and used to evaluate liner compatibility with leachate generated by
water percolating through the waste.
Method
The secondary leachate is collected by thoroughly mixing the waste
with just enough water to obtain the consistency of a saturated paste. (A
saturated paste should be thick enough so that the waste barely fiows to-
gether into a hole made in the paste with a spatula). Filtrate collected from
vacuum filtration of the saturated paste is the secondary leachate to be
used in the liner-leachate compatibility tests.
Secondary leachate can be extracted from the saturated paste in the
same manner in which primary leachate is removed from liquid-hearing
wastes. Enough saturated paste should be subjected to vacuum filtration
to collect approximately five liters of secondary leachate. Do not reuse
waste samples for the collection of additional leachate, as this would re-
sult in an excessively diluted leachate.
Step 4: Analyze Primary Leachate
Guidance
If the waste contained a primary leachate, it should be analyzed to es-
tablish the type and concentration of the organic liquids present. Some
primary leachate may contain two distinct immiscible phases. It is ad\ is-
able to analyze each phase separately. Subsequent routine analysis
should be performed to assure that leachate composition has not changed
in a way that would affect liner performance. While the initial analysis
should be definifive with regard to the liquids and solutes present in the
leachate, the routine analysis need only confirm that leachate composi-
tion has not appreciably changed.
Method
Permit applicants may be able to find analyses of similar wastes in
company files, state regulatory agency files, or in the analyses of wastes
compiled by EPA (EPA, 1980a; EPA, 1980b). It should be noted, howev-
er, that it is leachate analyses that will ultimately be needed for use in
characterizing liner-leachate compatibility. The following information
on the primary leachate should be collected.
a. percent Filtrate (wet weight basis) that would be removed
from waste by vacuum filtration (at 25°C)
b. Predominant liquid consfituents as a percentage of total primary lea-
chate (filtrate) (indicate to 0. 1 percent)
percent Water
percent
percent
percent
percent
c. Predominant solutes as gL"^ of total primary leachate (indicate to
O.lgL-i)
gL-l
gL-i
gL-l
gL-l
gL-l
A two-step method can be used to analyze primary leachate. First,
fracfional distillation can be used to separate and quantify the liquids ac-
cording to the temperature at which each fraction is removed from the
bulk liquid. The mass of each fraction as a percent of the total primary
leachate can then be determined gravimetrically. Secondly, each fracfion
obtained can be identified by gas chromatography and, if necessary, con-
firmed by mass spectrometry.
These methods are discussed in Section Eight of Test Methods for
Evaluafing Solid Waste (EPA, 1982b). After these initial detailed analy-
ses, subsequent routine analyses may be limited to the first step of the
method.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Primary Leachate pH =
Primary Leachate EC =
The pH of the primary leachate can be determined electrometrically
using a saturated paste and a glass electrode in combination with a refer-
ence potential or a combination electrode. The electrical conductivity
(EC) of the primary leachate is determined by using a saturated paste ex-
tract and a self-contained conductivity meter, such as a wheatstone
bridge-type or equivalent.
Step 5: Analyze Secondary Leachate
Guidance
The secondary leachate is an aqueous-based liquid and may have the
following types of solutes: acids, bases, salts, and organic chemicals.
This leachate must be analyzed to determine the concentration of the so-
lutes.
Method
The following information is needed to characterize secondary lea-
chate. Some of the information may be collected by methods that are sim-
ilar to those used for the primary leachate.
a. percent Filtrate (wet weight basis) that could be removed
from the waste made into a saturated paste by addition of distilled water.
b. Predominant solutes as gL~^ of total primary leachate (indicate to
0.1 rL-1)
gL-
gL-
gL-
gL-
gL-
c. Secondary Leachate pH =
Secondary Leachate EC =
The types and concentration of the solutes present in the leachate can
be determined as follows:
Salts may be initially characterized by atomic absorption spectropho-
tometry and electrical conductivity. The method for measuring EC is dis-
cussed above and the methods for atomic absorption spectrophotometry
for various inorganics are found in Section Seven of Test Methods for
Evaluating Solid Waste (EPA, 1982b). Subsequent routine analysis may
usually be limited to EC unless this measurement indicates the leachate
is significantly different from that originally analyzed.
Acids and Bases may be satisfactorily characterized by measuring the
pH of the leachate using a standard pH meter and electrodes, as described
for the primary leachate.
Organic Solutes can be quantified by determining the total organic car-
bon in the leachate by converting organic carbon in the sample to carbon
dioxide (CO2) by catalytic combustion or wet chemical oxidation. The
CO2 formed can be measured directly by an infrared detector or con-
verted to methane (CH4) and measured by a flame ionization detector
(EPA, 1979). The amount of CO2 or CH4 is directly proportional to the
concentration of carbonaceous material in the sample. If low molecular
weight organics are present in the leachate at concentrations of parts per
thousand or greater, it may be advisable to use the fractionation and anal-
ysis technique described above for the primary leachate. For more dilute
solutions, it may be necessary to extract the organic constituents and ana-
lyze them by liquid chromatograpy and gas chromatography. These are
discussed in Section Eight of Test Methods for Solid Waste (EPA,
1982b).
Step 6: Characterize the Clay Liner Guidance
Characterization should include the determination of effective pore
volume and permeability of the clay liner.
Method
Characterization of a clay liner will not, in itself, reveal if a liner has
all the appropriate properties to prevent failure. This characterization
can, however, establish the baseline permeability and effective pore vol-
ume values with a standard aqueous leachate (0.0 1 N CaS04) and nonat-
tenuated ion (bromide), respectively. These baseline values can be com-
pared with the values obtained with the leachates of a waste. Suitable
methods for analyzing soil physical properties are available in the latest
edition of ASTM Standards (part 19: Natural Building Stones; Soil and
Rock), in Black (1965), or in most soil testing manuals. Deiermination
of bromide breakthrough can be accomplished by using a bromide selec-
tive electrode to analyze permeameter outflow. The following informa-
tion should be determined for the clay liner,
a. Particle size distribution and clay minerology
1 . percent Sand (>50 |lm, dry wt. basis)
2. percent Silt (50-2.0 )im, dry wt. basis)
3. percent Clay (<2.0 )lm dry wt. basis)
4. percent of Clay that is coarse (2.0-0.2 |Jm, dry wt. basis)
5. Predominant coarse Clay minerals
percent
percent
percent
percent of Clay that is fine (0.2 |J.m, dry wt. basis)
6.
7. Predominant fine Clay minerals
percent
percent
percent
b. Physical properties
1. g cm~^particle density
-percent in-place (as compacted) water content (dry wt.
basis)
-g cm-^-place (as compacted) density (dry wt. basis)
-percent pore space (percent of total liner volume)
5. Permeability to an aqueous solution of 0.02 N CaSo4 or C'aCL2 after
percolation of:
0.5 pore volume cm/sec
1 .0 pore volume cm/sec
1.5 pore volume cm/sec
2.0 pore volume cm/sec
6. Pore volume values for Bromide breakthrough
percent Bromide at 0. 1 pore volume
percent Bromide at 0.2 pore volume
percent Bromide at 0.3 pore volume
percent Bromide at 0.4 pore volume
percent Bromide at 0.5 pore volume
percent Bromide at 0.6 pore volume
percent Bromide at 0.7 pore volume
percent Bromide at 0.8 pore volume
percent Bromide at 0.9 pore volume
percent Bromide at 1 .0 pore volume
The permeability of the clay liner should first be evaluated using a
standard leachate (such as 0.01 N CaS04 or CaCl2). After the permeabil-
ity has stabilized, the effective pore volume can be estimated by spiking
the standard leachate with bromide and monitoring the breals.through of
bromide in the permeameter outflow. Assuming that a clay liner is pres-
aturated with clean water, nonattenuated leachate constituent;; (e.g., bro-
mide) will be present in the outflow from the permeameter after passage
of leachate equal to approximately 50 percent of the volume represented
by one effective pore volume.
Step 7: Determine Compatibility of the Proposed Clay Liner with the
Expected Leachates
Guidance
A substantial body of data suggests that concentrated organic liquids
may significantly degrade the performance of clay liners; consequently,
clay liner-waste leachate compatibility tests should be conducted to
verify that leachates will not move beyond the clay liner during the active
life of the facility. These organic liquids include polar, nonpolar, basic,
and acidic organic liquids. In all probability, organic liquids will degrade
Page 118
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State Water Resources Control Board
§ 2601
clay liner performance to an extent that these liners will have either a
short lifetime or a large thickness requirement. There are also substantial
data indicating that either strong aqueous salt, acidic, or basic solutions
may degrade clay liner performance. It should be noted, however, that
acids and bases can be neutralized, and certain treated clays may resist
degradation upon exposure to many strong aqueous salt solutions.
Basic and nonpolar organic liquids have shown the potential to signifi-
cantly decrease the effective pore volume of clay liners. Polar organic
liquids appear to degrade clay liner permeability to a greater extent than
they initially degrade effective pore volume. There is substantial evi-
dence that a wide range of organic liquids may degrade clay liner effec-
tiveness.
Method
The permeability and lowest pore volume at which waste constituents
appear in permeameter outflow should be determined with both the pri-
mary and secondary leachates of the wastes if these solutions are appreci-
ably different. These values should be compared with the baseline values
previously determined to see if the leachates are likely to degrade the
ability of a clay liner to meet the leachate containment performance stan-
dard. Whenever either organic liquids or concentrated solutes are present
in leachates, it is suggested that clay liners be tested by passing at least
two full pore volumes of the leachates through the liner. If the primary
leachate of a waste contains two or more immiscible phases, it is advis-
able to test each phase separately and to test the phases sequentially on
the same clay core. The leachates used in the permeability tests should
be at the highest concentration at which they would ever be while in con-
tact with the clay liner. For constant head permeability tests, the follow-
ing equation may be used:
K =-^
AtH
where:
K = permeability constant (cm sec~^);
t = time (sec);
v = volume of leachate passed through the soil (cm^);
A = cross sectional area of hquid flow (cm^); and
H = hydraulic gradient or h -H L where:
L
h = hydraulic head (cm of H2O) and
L = length of soil column (cm)
For failing head permeability tests, the following permeability equa-
tion can be used (Olson and Daniel 1981):
At h(l)
where: K = permeability constant (cm sec~^)
a = cross sectional area of the buret (cm^)
A = cross sectional area of the soil (cm ~^)
L - length of the soil (cm)
t = elapsed time from 5(0) to t(l)(sec)
h(0) = height of water in standpipe above the discharge level at
t(0)(cm)
h(l) = height of water above the discharge level at time t(l)(cm)
This equation can be arranged as follows:
h(l) AL
Thus, the slope of the line obtained by plotting In hydraulic head ver-
sus time may be used to determine the permeability constant:
K= slope -^
A
Permeability (k) should be plotted along the Y-axis, while the cumula-
tive pore volume at which each permeability is obtained should be plotted
along the X-axis. Incremental pore volumes are obtained by dividing the
volume of leachate (v) by the total pore volume of the compacted soil
specimen used in the test. Total pore volume of a specimen is obtained
as follows:
total pore volume = pAL
where porosity (p) is multiplied by the total volume (AL) of the soil
specimen. Porosity is determined as follows:
p=l-^x 100
G
where the bulk density, or unit weight (BD) is divided by the particle
density (Gs).
If elevated hydraulic gradients are to be used and there is a failure in
the clay liner being tested, a rough estimate of the time to failure can be
made by rearranging Darcy's law so that time is isolated as follows:
Vi
til
AKHi
where: tii= laboratory test time increment (sec)
Hi = hydraulic gradient used in the laboratory (unitless)
To convert laboratory time to the corresponding time in the field, the
maximum hydraulic gradient that will occur in the field (H2) may be sub-
stituted for the value used in the laboratory (Hj) as follows:
Vi
ti2 =
AKHo
where: ti2= field time increment (sec)
H2= maximum hydraulic gradient in the field (unitless)
The field time values obtained from the beginning of the test until
waste constituents appear in the permeameter outflow should be summed
together. This total time value should then be multiplied by the rafio of
the field liner thickness to the laboratory liner thickness to arrive at the
useful life of the clay liner as follows:
T=I ti2.Y
i=l
where: T = useful hfe of the clay liner (sec)
n - time increment where leachate constituents are first detected per-
meameter outflow
Y = thickness of field liner (cm)
thickness of laboratory liner (cm)
a. PermeabiUty to primary leachate (where two or more distinct immis-
cible primary leachates are present, test the solutions separately).
0. 1 pore volume cm/sec
0.2 pore volume
cm/sec
0.3 pore volume
cm/sec
0.4 pore volume
cm/sec
0.5 pore volume
cm/sec
0.6 pore volume
cm/sec
0.7 pore volume
cm/sec
0.8 pore volume
cm/sec
0.9 pore volume
cm/sec
1 .0 pore volume
cm/sec
1.1 pore volume
cm/sec
1.2 pore volume
cm/sec
1.3 pore volume
cm/sec
1.4 pore volume
cm/sec
1 .5 pore volume
cm/sec
1.6 pore volume
cm/sec
1.7 pore volume
cm/sec
1.8 pore volume
cm/sec
1.9 pore volume
cnVsec
2.0 pore volume
cm/sec
b. Permeability to secondary leachate
0. 1 pore volume
cm/sec
0.2 pore volume
cm/scc
0.3 pore volume
cm/sec
0.4 pore volume
cm/sec
0.5 pore volume
cm/scc
0.6 pore volume
cra/scc
0.7 pore volume
cm/sec
0.8 pore volume
cm/sec
0.9 pore volume
cm/sec
Page 119
Register 2005, No. 33; 8-19-2005
§2610
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
1 .0 pore volume
1.1 pore volume
1.2 pore volume
1 .3 pore volume
1 .4 pore volume
1 .5 pore volume
1 .6 pore volume
1 .7 pore volume
1.8 pore volume
1 .9 pore volume
2.0 pore volume
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
cm/sec
c. Pore volume values for breakthrough to two mobile waste constitu-
ents (waste constituent in eluate as percent of constituent inleachate).
1. Constituent No. 1
.percent of 0. 1 pore volume .
.percent of 0.2 pore volume .
.percent of 0.3 pore volume .
.percent of 0.4 pore volume .
.percent of 0.3 pore volume .
.percent of 0.6 pore volume .
.percent of 0.7 pore volume .
.percent of 0.8 pore volume ,
.percent of 0.9 pore volume ,
.percent or 1 .0 pore volume _
.percent at 1
.percent at 1
.percent at 1
.percent at 1
.percent at 1
.percent at 1
.percent at 1
.percent at 1
.percent at 1
. 1 pore volume
.2 pore volume
.3 pore volume
.4 pore volume
.5 pore volume
.6 pore volume
.7 pore volume
.8 pore volume
.9 pore volume
.percent at 2.0 pore volume 2.
Constituent References:
Black, C. A. (ed.) (1965). Methods of Soil Analysis, Part 1. Physical
and Mineralogical Properties Including Statistics of Measurement and
Sampling. Am. Soc. Agron., Madison, Wisconsin. 770p. EPA. (1979).
Methods for Chemical Analysis of Water and Wastes. EPA
600/4-79-020 (PB 297-686/8BE).
EPA. (1980a). Listing of Hazardous Waste. RCRA, Office of Solid
Waste. Washington, D. C. Section 261.20 through Section 261.21. May
19, 1980.
EPA. (1980b.) Hazardous Waste Land Treatment. Written for U.S.
EPA by K. W. Brown and Associates, Inc. EPA, Cincinnati, Ohio.
SW-874.
EPA. (1982b). Test Methods for Evaluating Solid Waste. U.S. EPA
Office of Solid Waste and Emergency Response. Washington, D. C.
SW-846.
Chapter 16. Underground Tank
Regulations
Article 1 . Definition of Terms
§ 261 0. Definitions/Applicability of Definitions.
(a) Unless the context requires otherwise, the terms used in this chapter
shall have the definitions provided by the appropriate section of Chapter
6.7 of Division 20 of the Health and Safety Code, or by section 26 11 of
this article.
(b) Except as otherwise specifically provided herein, the following
terms are defined in section 25281 of Chapter 6.7 of Division 20 of the
Health and Safety Code:
Automatic Line Leak Detector
Board
Department
Facility
Federal Act
Local Agency
Owner
Pipe
Primary Containment
Product-Tight
Release
Secondary Containment
Single-Walled
Special Inspector
Storage/Store
SWEEPS
Tank
Tank Integrity Test
Tank Tester
Unauthorized Release
Underground Storage Tank
Underground Tank System/Tank System
NOTE; Authority cited: Sections 25299.3 and 25299.7. Health and Safety Code.
Reference: Section 25281, Health and Safety Code.
History
1 . New subchapter 1 6 (sections 26 1 0-27 1 4, not consecutive) filed 8- 3-85 ; effec-
tive upon filing pursuant to Government Code section 1 1346.2(d) [Register 85,
No. 33). For history of former subchapter 16, see Register 73, Ncs. 24 and 6.
2. Renumbering and amendment of former section 2610 to section 2620 and re-
numbering and amendment of former section 2620 to section 2610 filed 8-9-91
as an emergency; operative 8-9-91. Text remains in effect uninterrupted pur-
suant to Health and Safety Code section 25299.7 (Register 92. No. 14).
3. Editorial correction of printing errors in History 2 (Register 92. No. 43).
4. Amendment of section and NoTi-: filed 4-5-94; operative 5-5-94 (Register 94.
No. 14).
5. Editorial correction restoring History 1 and renumbering remaining History
Notes (Register 95, No. 17).
§2611. Additional Definitions.
Unless the context requires otherwise, the following definitions shall
apply to terms used in tliis chapter.
"Bladder system" means a flexible or rigid material which provides
primary containment including an interstitial monitoring system de-
signed to be installed inside an e.xisting underground storage tank.
"Best management practice'" means any underground storage tank
system management and operation practice that is the most effective and
practicable method of preventing or reducing the probability of a release.
"Cathodic protection tester" means any individual who can demon-
strate an understanding of the principles and measurements of all com-
mon types of cathodic protection systems as applied to buried or sub-
merged metallic piping and underground storage tank systems. Such an
individual shall possess a current certificate from the National Associa-
tion of Corrosion Engineers or the International Code Council, demon-
strating education and experience in soil resistivity, stray current, struc-
ture-to-soil potential, and component electrical isolation measurements
of buried or submerged metallic piping and underground si orage tank
systems.
"Coatings expert" means a person who, by reason of thorough train-
ing, knowledge and experience in the coating of metal surfaces, is quali-
fied to engage in the practice of internal tank lining inspections. The term
includes only those persons who are independent of any lining manufac-
turer or applicator and have no financial interest in the tank or lanks being
monitored.
"Compatible" means the ability of two or more substances to maintain
their respective physical and chemical properties upon contact with one
another for the design life of the tank system under conditions likely to
be encountered in the underground storage tank.
"Connected piping" means all underground piping including valves,
elbows, joints, flanges, and flexible connectors attached to a tank system
through which hazardous substances flow. For the purpose of determin-
ing how much piping is connected to any individual underground storage
tank system, the piping that joins two underground storage tank systems
should be allocated equally between them.
"Continuous monitoring" means a system using equipment which rou-
tinely performs the required monitoring on a periodic or cyclic basis
throughout each day.
"Corrosion specialist" means any individual who, by reas;on of thor-
ough knowledge of the physical sciences and the principles of engineer-
ing and mathematics acquired by a professional education and related
practical experience, is qualified to engage in the practice cf corrosion
control on buried or submerged metallic piping and underground storage
tank systems. Such an individual shall possess a current certificate from
Page 120
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Title 23
State Water Resources Control Board
§2611
•
the National Association of Corrosion Engineers as a corrosion special-
ist, or be a registered professional engineer with a current certificate or
license requiring education and experience in corrosion control of buried
or submerged metallic piping and underground storage tank systems.
"Decommissioned tank'" means an underground storage tank which
cannot be used for one or more of the following reasons: 1 ) the tank has
been filled with an inert solid; 2) the fill pipes have been sealed; or, 3) the
piping has been removed.
"Designated underground storage tank operator" or "designated UST
operator" means one or more individuals designated by the owner to have
responsibility for training facility employees and conducfing monthly
visual inspecfions at an underground storage tank facility. A "designated
UST operator" is not considered the "operator" as defined in Chapter 6.7
of Division 20 of the Health and Safety Code, although the same individ-
ual may hold both positions.
"Dispenser" means an aboveground or underground device that is
used for the delivery of a hazardous substance from an underground stor-
age tank. Dispenser includes metering and delivery devices, and fabri-
cated assemblies located therein.
"Emergency containment" means a containment system for accidental
spills which are infrequent and unpredictable.
"Excavation zone" means the volume containing the tank system and
backfill material bounded by the ground surface, walls, and floor of the
pit and trenches into which the underground storage tank system is
placed at the time of installation.
"Exisfing underground storage tank" means an underground storage
tank installed prior to January 1. 1984. The term also includes an under-
ground storage tank installed before January 1 , 1 987 and which is located
on a farm, has a capacity greater than 1 ,100 gallons, and stores motor ve-
hicle fuel used primarily for agricultural purposes and not for resale.
"Facility employee" means an individual who is employed on-site at
an underground storage tank facility, and who may be called upon to re-
spond to spills, overfills, or other problems associated with the operation
of the underground storage tank system. A "facility employee" is not
considered the "operator" as defined in Chapter 6.7 of Division 20 of the
Health and Safety Code, although the same individual may hold both
positions.
"Fail safe" means that a monitoring system will shut down the turbine
pump in the event of a power outage, or when the monitoring system fails
or is disconnected.
"Farm tank" means any one tank or a combination of manifolded tanks
that: 1) are located on a farm; and, 2) holds no more than 1,100 gallons
of motor vehicle fuel which is used primarily for agricultural purposes
and is not held for resale.
"First ground water" means the uppermost saturated horizon encoun-
tered in a bore hole.
"Free product" refers to a hazardous substance that is present as a non-
aqueous phase liquid (e.g., liquid not dissolved in water).
"Ground water" means subsurface water which will flow into a well.
"Hazardous substance" means a substance which meets the criteria of
either subsecfion (1) or subsection (2) of section 25281(f) of the Health
and Safety Code.
"Heating oil tank" means a tank located on a farm or at a personal resi-
dence and which holds no more than 1,100 gallons of home heating oil
which is used consumptively at the premises where the tank is located.
"Holiday," when used with respect to underground storage tank coat-
ing or cladding, means a pinhole or void in a protective coating or clad-
ding.
"Hydraulic lift tank" means a tank holding hydraulic fluid for a closed
loop mechanical system that uses compressed air or hydraulic fluid to op-
erate lifts, elevators, and other similar devices.
"Inconclusive" means the conclusion of a statistical inventory recon-
ciliation report that is not decisive as to whether a release has been de-
tected.
"Independent testing organization" means an organization which tests
products or systems for compliance with voluntary consensus standards.
To be acceptable as an independent testing organization, the organization
shall not be owned or controlled by any chent, industrial organization, or
any other person or institution with a financial interest in the product or
system being tested. For an organization to certify, list, or label products
or systems in compliance with voluntary consensus standards, it shall
maintain formal periodic inspections of production of products or sys-
tems to ensure that a listed, certified, or labeled product or system contin-
ues to meet the appropriate standards.
"Independent third party" means independent testing organizations,
consulting firms, test laboratories, not-for-profit research organizations
and educational institutions with no financial interest in the matters under
consideration. The term includes only those organizations which are not
owned or controlled by any client, industrial organization, or any other
institution with a financial interest in the matter under consideration.
"Integral secondary containment" means a secondary containment
system manufactured as part of the underground storage tank.
"Interstitial Liquid Level Measurement" Method (as the term is used
in section 25290. 1 of the Health and Safety Code) or "Hydrostatic Moni-
toring" Method means a release detecfion method that continuously
monitors the liquid level within a liquid-filled interstiual space of an un-
derground storage tank. The term includes only those release detection
systems that are capable of detecting a breach in the primary or secondary
containment of the underground storage tank component(s) being moni-
tored before the hazardous substance stored is released to the environ-
ment. To accomplish this, the liquid in the interstifial space shall be main-
tained at a pressure greater than the operating pressure found within the
component(s) being monitored. This pressure may be achieved, for ex-
ample, by adequately elevating the liquid reservoir or by pressurizing the
liquid-filled interstice. Hydrostatic monitoring methods shall meet the
requirements of section 2643, subdivision (f).
"Interstitial space" means the space between the primary and second-
ary containment systems.
"Leak threshold" means the value against which test measurements
are compared and which serves as the basis for declaring the presence of
a leak. The leak threshold is set by the manufacturer in order to meet state
and federal requirements. Leak threshold is not an allowable leak rate.
"Liquid asphalt tank" means an underground storage tank which con-
tains steam-refined asphalts.
"Liquefied petroleum gas tank" means an underground storage tank
which contains normal butane, isobutane, propane, or butylene (includ-
ing isomers) or mixtures composed predominantiy thereof in a liquid or
gaseous state having a vapor pressure in excess of 40 pounds per square
inch absolute at a temperature of 100 degrees Fahrenheit.
"Maintenance" means the normal operational upkeep to prevent an
underground storage tank system from releasing hazardous substances.
"Manufacturer" means any business which produces any item dis-
cussed in these regulations.
"Manual inventory reconciliation" means a procedure for determining
whether an underground tank system is leaking based on bookkeeping
calculations, using measured throughput and a series of daily inventory
records taken manually by the tank owner or operator or recorded elec-
tronically. This terms does not include procedures which are based on
statistical inventory reconciliation.
"Membrane liner" means any membrane sheet material used in a sec-
ondary containment system. A membrane liner shall be compatible with
the substance stored.
"Membrane liner fabricator" means any company which converts a
membrane liner into a system for secondary containment.
"Membrane manufacturer" means any company which processes the
constituent polymers into membrane sheeting from which the membrane
liner is fabricated into a system for secondary containment.
"Motor vehicle" means a self-propelled device by which any person
or property may be propelled, moved, or drawn.
"Motor vehicle fuel tank" means an underground storage tank that
contains a petroleum product. The definition does not include under-
ground storage tanks that contain used oil.
"New underground storage tank" means an underground storage tank
which is not an existing underground storage tank.
"Non-volumetric test" means a tank integrity test method that ascer-
tains the physical integrity of an underground storage tank through re-
Page 121
Register 2005, No. 33; 8-19-2005
§2611
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
view and consideration of circumstances and physical phenomena inter-
nal or external to the tank.
"Operational life" means the period beginning when installation of the
tank system has begun until the time the tank system should be properly
closed.
"Operator" means any person in control of. or having responsibility
for, the daily operation of an underground storage tank system.
"Person", as defined in Chapter 6.7 of Division 20 of the Health and
Safety Code includes any entity defined as a person under the Federal
Act.
"Perennial ground water" means ground water that is present through-
out the year.
"Petroleum" means petroleum including crude oil, or any fraction
thereof, which is liquid at standard conditions of temperature and pres-
sure, which means at 60 degrees Fahrenheit and 14.7 pounds per square
inch absolute.
"Pipeline leak detector" means a continuous monitoring system for
underground piping capable of detecting at any pressure, a leak rate
equivalent to a specified leak rate and pressure, with a probability of de-
tection of 95 percent or greater and a probability of false alarm of 5 per-
cent or less.
"Probability of detection" means the likelihood, expressed as a per-
centage, that a test method will correctly identify a leaking underground
storage tank.
"Probability of false alarm" means the likelihood, expressed as a per-
centage, that a test method will incorrectly identify a "tight" tank as a
leaking underground storage tank.
"Qualitative release detection method" means a method which detects
the presence of a hazardous substance or suitable tracer outside the un-
derground storage tank being tested.
"Quantitative release detection method" means a method which deter-
mines the integrity of an underground storage tank by measuring a re-
lease rate or by determining if a release exceeds a specific rate.
"Release detection method or system" means a method or system used
to determine whether a release of a hazardous substance has occurred
from an underground tank system into the environment or into the inter-
stitial space between an underground tank system and its secondary con-
tainment.
"Repair" means to restore a tank or underground storage tank system
component that has caused a release of a hazardous substance from the
underground storage tank system.
"Septic tank" means a tank designed and used to receive and process
biological waste and storage.
"Service technician" means any individual who installs or tests moni-
toring equipment, or provides maintenance, service, system program-
ming or diagnostics, calibration, or trouble-shooting for underground
storage tank system components.
"Statistical inventory reconciliation" means a procedure to determine
whether a tank is leaking based on the statistical analysis of measured
throughput and a series of daily inventory records taken manually by the
tank owner or operator or recorded electronically.
"Statistical inventory reconciliation provider" means the developer of
a statistical inventory reconciliation method that meets federal and state
standards as evidenced by a third-party evaluation conducted according
to section 2643(f), or an entity that has been trained and certified by the
developer of the method to be used. In either case, the provider shall have
no direct or indirect financial interest in the underground storage tank be-
ing monitored.
"Storm water or wastewater collection system" means piping, pumps,
conduits and any other equipment necessary to collect and transport the
flow of surface water run-off resulting from precipitation, or domestic,
commercial, or industrial wastewater to and from retention areas or any
areas where treatment is designated to occur. The collection of storm wa-
ter and wastewater does not include treatment except where incidental to
conveyance.
"Substantially beneath the surface of the ground" means that at least
10 percent of the underground tank system volume, including the volume
of any connected piping, is below the ground surface or enclosed below
earthen materials.
"Sump," "pit," "pond." or "lagoon" means a depression in the ground
which lacks independent structural integrity and depends on surrounding
earthen material for structural support of fluid containment.
"Tank integrity test" means a test method that can ascertain the physi-
cal integrity of any underground storage tank. The term includes only test
methods which are able to detect a leak of 0. 1 gallons per fiour with a
probability of detection of at least 95 percent and a probability of false
alarm of 5 percent or less. The test method may be either volumetric or
non-volumetric in nature. A leak rate is reported using a volumetric test
method, whereas, a non-volumetric test method reports whether a sub-
stance or physical phenomenon is detected which may indicaie the pres-
ence of a leak.
"Unauthorized release" as defined in Chapter 6.7 of Division 20 of the
Health and Safety Code does not include intentional withdrawals of haz-
ardous substances for the purpose of legitimate sale, use, or disposal.
"Under-Dispenser Containment" means secondary contaiiment that
is located under a dispenser.
"Under-Dispenser spill containment or control system" means a de-
vice that is capable of preventing an unauthorized release from under the
dispenser from entering the soil or groundwater or both.
"Upgrade" means the addition or retrofit of some systems such as ca-
thodic protection, lining, secondary containment, or spill and overfill
controls to improve the ability of an underground storage tank system to
prevent the release of hazardous substances.
"Volumetric test" means a tank integrity test method that ascertains
the physical integrity of any underground storage tank through review
and comparison of tank volume.
"Voluntary consensus standards" means standards that shall be devel-
oped after all persons with a direct and material interest have had a right
to express a viewpoint and, if dissatisfied, to appeal at any point (a partial
list of the organizations that adopt voluntary consensus standards are
shown in Appendix I, Table B).
"Wastewater treatment tank" means a tank designed to treat influent
wastewater through physical, chemical, or biological methods and which
is located inside a public or private wastewater treatment facility. The
term includes untreated wastewater holding tanks, oil water separators,
clarifies, sludge holding tanks, filtration tanks, and clarified water tanks
that do not continuously contain hazardous substances.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25282. 25283, 25284, 25284.1, 25290.1, 25292.3 and
25299.5(a), Health and Safety Code; 40 CFR 280.10 and 280.12.
History
1. Renumbering and amendment of former section 261 1 to section 2621 and re-
numbering and amendment of former 2621 to section 2611 filed 8-9-91 as an
emergency; operative 8-9-9 1 . Text remains in effect uninterrupted pursuant to
Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (F.egister 94,
No. 14).
4. Amendment of definition "Motor vehicle fuel tank" filed 12-26-97 as an emer-
gency; operative 12-26-97 (Register 97, No. 52). A Certificate of Compliance
must be transmitted to OAL by 4-27-98 or emergency language will be re-
pealed by operation of law on the following day.
5. Certificate of Compliance as to 12-26-97 order transmitted to OAL 4-22-98
and filed 6-2-98 (Register 98, No. 23).
6. New definition "Upgrade compliance certificate" and amendment of Note filed
10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Cer-
tificate of Compliance must be transmitted to OAL by 2-24-99 or emergency
language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 2000, No. 24).
8. Reinstatement of section as it existed prior to 10-27-98 emergency amendment
by operation of Government Code secdon 11 346. 1(f) (Register 2000, No. 24).
9. New definitions for ' 'Dispenser," "Under-Dispenser Containment" and "Un-
der-Dispenser spill containment or control system" and amendment of Note
filed 5-14-2001; operative 5-14-2001 pursuant to Government Code section
1 1343.4 (Register 2001, No. 20).
10. New definitions for "Best management practice," "Designated urderground
storage tank operator," "Facility employee," "Fail safe" and "Service techni-
cian" and amendment of definitions for "Cathodic protection tester" and "Cor-
rosion specialist" filed 4-8-2004; operative 5-8-2004 (Register 20G4, No. 15).
•
•
Page 122
Register 2005, No. 33; 8-19-2005
Title 23
State Water Resources Control Board
§2621
•
1 1 . New definition of "Interstitial Liquid Level Measurement" and amendment of
Non-. filed 7-29-2004 as an emergency; operative 7-29-2004 (Register 2004,
No. 31). A Certificate of Compliance must be transmitted to OAL by
1 1 -29-2004 or emergency language will be repealed by operation of law on the
following day.
12. Nev\' definition of "Interstitial Liquid Level Measurement" and amendment of
NoTi; refiled 11-29-2004 as an emergency; operative 11-29-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
3-29-2005 or emergency language will be repealed by operation of law on the
following day.
13. New definition of "Interstitial Liquid Level Measurement" and ainendment of
NoTi; refiled 3-28-2005 as an emergency; operative 3-29-2005 (Register
2005, No. 13). A Certificate of Compliance must be transmitted to OAL by
7-27-2005 or emergency language will be repealed by operation of law on the
following day.
14. Certificate of Compliance as to 3-28-2005 order transmitted to OAL
7-8-2005 and filed 8-19-2005 (Register 2005, No. 33).
Article 2. General Provisions
§ 2620. General Intent, Content, Applicability and
Implementation of Regulations.
(a) The regulations in this chapter are intended to protect waters of the
state from discharges of hazardous substances from underground storage
tanks. These regulations establish construction requirements for new un-
derground storage tanks; establish separate monitoring requirements for
new and existing underground storage tanks; establish uniform require-
ments for unauthorized release reporting, and for repair, upgrade, and
closure of underground storage tanks; and specify variance request pro-
cedures.
(b) Owners and operators shall comply with these regulations except
as otherwise specifically provided herein. If the operator is not the owner,
then the owner shall enter into a written contract with the operator requir-
ing the operator to monitor the underground storage tank; maintain ap-
propriate records; and implement reporting procedures as required by
any applicable permit. Both the owner and operator are responsible for
assuring that the underground storage tank system is repaired or up-
graded in accordance with Article 6, or closed in accordance with Article
7, as appropriate.
(c) Counties shall implement the regulations in this chapter within
both the incorporated and unincorporated areas of the county through the
issuance of underground storage tank operating permits to underground
storage tank owners. A city may, by ordinance, assume the responsibility
for implementing the provisions of this chapter within its boundaries in
accordance with section 25283 of the Health and Safety Code. Local
agencies shall issue an operating permit for each underground storage
tank, for several underground storage tanks, or for each facility, as appro-
priate, within their jurisdiction.
(d) Owners and operators shall comply with the construction and mon-
itoring requirements of Article 3 (new underground storage tanks) or the
monitoring requirements of Article 4 (existing underground storage
tanks). However, owners of existing underground storage tanks which
meet the construction and monitoring requirements of Article 3 may be
issued operating permits pursuant to the requirements of Article 3 in lieu
of the requirements of Article 4. In addition, owners or operators of un-
derground storage tanks shall comply with the release reporting require-
ments of Article 5, the repair and upgrade requirements of Article 6, the
closure requirements of Article 7, the underground storage tank operat-
ing permit requirements of Article 10 and the corrective action require-
ments of Article 1 1 .
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25283, 25284, 25299. 1 and 25299.3, Health and Safety Code;
40 CFR 280.
History
1. Renumbering and amendment of former section 2620 to section 2610 and re-
numbering and amendment of former 2610 to section 2620 filed 8-9-91 as an
emergencv; operative 8-9-91. Text remains in effect uninterrupted pursuant to
Health and Safety Code secfion 25299.7 (Register 92, No. 14).
2. Editorial conection of printing errors in History 1 (Register 92, No. 43).
3. Amendment of subsections (a), (b) and (d) filed 4-5-94; operative 5 5 94
(Register 94, No. 14).
4. Editorial correction deleting former History 1 and renumbering remaining His-
tory NoTBS (Register 95, No. 17).
§ 2621 . Exemptions to the Regulations.
(a) The tenn "underground storage tank" excludes the following, ex-
cept those of the following included in the definition of an underground
storage tank in 40 CFR, part 280.12 as modified by paragraphs (b), (c).
(d), of 40 CFR, part 280.10.
(1) A farm tank.
(2) A heating oil tank.
(3) A hydraulic lift tank in accordance with section 25281 (y) of the
Health and Safety Code.
(4) A liquefied petroleum gas tank.
(5) A Uquid asphalt tank.
(6) A septic tank.
(7) A sump, pit, pond, or lagoon.
(8) A wastewater treatment tank except a tank which is part of an un-
derground storage tank system.
(9) A pipeline located in a refinery or in an oil field unless the pipeline
is connected to an underground storage tank.
(10) Storm water or wastewater collection systems.
(11) Tanks containing radioactive material such as spent fuel pools, ra-
dioactive waste storage tanks, and similar tanks under the Atomic Energy
Act of 1954 (42 USC 201 1) and following.
( 1 2) An emergency containment tank kept empty to receive accidental
spills and approved for such use by the appropriate local agency.
(13) Drums located in basements and which contain 55 gallons or less
of a hazardous substance.
(14) Underground storage tanks containing hazardous wastes as de-
fined in Secfion 253 16 of the Health and Safety Code if the person own-
ing or operating the underground storage tank has been issued a hazard-
ous waste facilities permit for the underground storage tank by the
Department of Toxic Substances Control pursuant to secfion 25200 of
the Health and Safety Code or granted interim status under secfion
25200.5 of the Health and Safety Code.
(15) A tank and associated piping located in a vault or basement and
which meets the requirements of secfion 25283.5 of the Health and Safe-
ty Code.
(16) Any structure specifically exempted by secfion 2528 l(y) of the
Health and Safety Code.
(b) Sumps wliich are a part of a monitoring system required under Ar-
ticle 3 are considered part of the secondary containment or leak detection
system of the primary containment and are required to meet the appropri-
ate construcfion criteria.
(c) The owner of a farm or heafing oil tank or any tank which is exempt
from regulafion as an underground storage tank by virtue of its use shall,
prior to any change which results in the tank becoming subject to regula-
fion, obtain a valid operating permit.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25283.5 and 25299.1, Health and Safety Code; 40
CFR 280.10, 280.12.
History
1. Renumbering and amendment of former section 2621 to section 261 1 and re-
numbering and amendment of former 261 1 of section 2621 filed 8-9-9 1 as an
emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to
Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of prinfing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and Note filed 4-5-94; operafive 5-5-94
(Register 94, No. 14).
4. Amendment of subsections (a)(3) and (a)(16) filed 12-18-2007; operative
1-17-2008 (Register 2007, No. 51).
Page 123
Register 2007, No. 51; 12-21-2007
§2630
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Article 3. New Underground Storage Tank
Design, Construction, and Monitoring
Requirements
§ 2630. General Applicability of Article.
(a) The requirements in this article apply to owners of new under-
ground storage tanks. In addition, the applicable repair and upgrade re-
quirements in Article 6 shall be complied with.
(b) Sections 2631 and 2632 specify design, construction, and monitor-
ing requirements for all new underground storage tanks. Sections 2633
and 2634 specify alternate design, construction, and monitoring require-
ments, in lieu of those specified in sections 2631 and 2632, for under-
ground storage tanks installed before January 1, 1997 which store only
motor vehicle fuel. Underground storage tanks constructed pursuant to
the requirements specified in section 2633 in lieu of those specified in
section 2631 shall be monitored in accordance with section 2634.
(c) All new underground storage tanks, piping, and secondary contain-
ment systems shall comply with sections 2635 and 2636.
(d) All monitoring equipment used to satisfy the requirements of this
article shall meet the requirements of section 2643(f) and shall be
installed and maintained such that the equipment is capable of detecting
a leak at the earliest possible opportunity. Additionally, all monitoring
equipment used to satisfy the requirements of this article shall be in-
stalled, calibrated, operated, and maintained in accordance with section
2638.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25284.1 , 25291 and 25292.3, Health and Safety Code;
40 CFR 280.20.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing en'ors in History I (Register 92, No. 43).
3. Amendment of article heading and section filed 4-5-94; operative 5-5-94
(Register 94, No. 14).
4. Amendment of section and Note filed 5-14-2001; operative 5-14-2001 pur-
suant to Government Code section 11343.4 (Register 2001, No. 20).
5. Amendment of subsection (d) filed 4-8-2004; operative 5-8-2004 (Register
2004, No. 15).
§ 2631 . Design and Construction Requirements for New
Underground Storage Tanks.
(a) All new underground storage tanks including associated piping
used for the storage of hazardous substances shall have primary and sec-
ondary containment. Primary containment shall be product-tight. Sec-
ondary containment may be manufactured as an integral part of the pri-
mary containment or it may be constructed as a separate containment
system. Secondary containment systems shall be designed and
constructed such that the secondary containment system can be periodi-
cally tested in accordance with section 2637(a).
(b) The design and construction of all primary containment including
any integral secondary containment system, shall be approved by an in-
dependent testing organization in accordance with industry codes, volun-
tary consensus standards, or engineering standards. All other compo-
nents used to construct the primary containment system, such as special
accessories, fittings, coatings or linings, monitoring systems and level
controls shall also be approved by an independent testing organization.
This requirement became effective on July 1 , 1 99 1 for underground stor-
age tanks; January 1, 1992 for piping; and shall be effective on January
1, 1995 for all other components. The exterior surface of underground
storage tanks shall bear a marking, code stamp, or label showing the fol-
lowing minimum information:
(1) Engineering standard used;
(2) Nominal diameter in feet;
(3) Nominal capacity in gallons;
(4) Degree of secondary containment;
(5) Useable capacity in gallons;
(6) Design pressure in psig;
(7) Maximum operating temperature in degrees Fahrenheit;
(8) Construction inaterials;
(9) Year manufactured; and
( 1 0) Identity of manufacturer.
(c) A primary containtnent system with or without an integral second-
ary containment system shall have wear plates (striker plates) installed,
center to center, below all accessible openings. The plates shall be made
of steel or other appropriate material if steel is not compatible with the
hazardous substance stored. The width of the plate shall be at least eight
inches on each side, or shall be equal to the area of the access: ble opening
or guide tube, whichever is larger. The thickness of the steel plate shall
be at least 1/8 inch and those made of other materials shall be of sufficient
thickness to provide equivalent protection. The plate, if under 1/4 inch
thick, shall be rolled to the contours of the underground storage tank and
all plates shall be bonded or tack welded in place. A drop tube-mounted
bottom protector may fulfill this requirement.
(d) A secondary containment system which is not an integral part of
primary containment shall be designed and constructed according to an
engineering specification approved by a state registered professional en-
gineer or according to a nationally recognized industry code or engineer-
ing standard. The engineering specification shall include the construc-
tion procedures. Materials used to construct the secondary containment
system shall have sufficient thickness, density, and corrosicin resistance
to prevent structural weakening or damage to the secondary containment
system as a result of contact with any released hazardous substance. The
following requirements apply to these secondary containment systems:
(1) The secondary containment system shall be constructed to contain
at least the following volumes:
(A) One hundred percent of the usable capacity of the primary contain-
ment system where only one primary container is within the secondary
containment system.
(B) In the case of multiple primary containers within a single second-
ary containment system, the secondary containment system shall be large
enough to contain 150 percent of the volume of the largest primary con-
tainer within it, or 10 percent of the aggregate internal volume of all pri-
mary containers within the secondary containment system, whichever is
greater. When all primary containers are completely enclosed within the
secondary containment system, the restricfions of this subsection do not
apply.
(2) If the secondary containment system is open to rainfall, it shall be
constructed to accommodate the volume of precipitation which could en-
ter the secondary containment system during a 24- hour, 2f)-year storm
in addition to the volume specified in subsection (d)(1).
(3) If backfill material is placed in the secondary containment system,
the volumetric requirements for the pore space shall be equal to the re-
quirement in subsection (d)( 1 ). The available pore space in tlie secondary
containment system backfill shall be determined using standard engi-
neering methods and safety factors. The specific retention and specific
yield of the backfill material, the location of any primary container within
the secondary containment, and the proposed method of operation for the
secondary containment system shall be considered in determining the
available pore space.
(4) The secondary containment system shall be equipped with a collec-
tion system to accumulate, temporarily store, and permit removal of any
liquid within the system.
(5) The floor of the secondary containment system shall bi; constructed
on a firm base and, if necessary for monitoring, shall be sloped to a collec-
tion sump. One or more access casings shall be installed in :he sump and
sized to allow removal of collected liquid. The access casing shall extend
to the ground surface, be perforated in the region of the sump, and be cov-
ered with a locked waterproof cap or enclosed in a surface security struc-
ture that will protect the access casing(s) from entry of surface water, ac-
cidental damage, unauthorized access, and vandalism. A facility with
locked gates will satisfy the requirements for protection against unautho-
rized access and vandalism. The casing shall have sufficient thickness to
withstand all anticipated stresses with appropriate engineering safety
Page 124
Register 2007, No. :51; 12-21-2007
Title 23
State Water Resources Control Board
§ 2632
factors and constructed of materials that will not be structurally weak-
ened by the stored hazardous substance and will not donate, capture, or
mask constituents for which analyses will be made.
(6) Secondary containment systems using membrane liners shall be
approved by an independent testing organization in accordance with in-
dustry codes, voluntary consensus standards, or engineering standards.
A membrane liner shall contain no primary nutrients or food-like sub-
stances attractive to rodents and shall meet the requirements in Table 3. 1
after a 30-day immersion in the stored hazardous substance.
Table 3.1
Standards for Membrane Liners
Some Acceptable Test Methods
(See Appendix }, Table A)
Unsupported Supported
Property'
Liners
Liners
Requirement
(A) Tensile strength
Tensile strength
at yield
Tensile strength
at break
ASTM D638
ASTMD751
Procedure B
(Cut Strip Method)
>300 lbs/in
of width
>200 lbs/in
of width
(B) Permeability
ASTM E96
ASTM E96
<0.65 gram/
meter--hr
(C) Seam strength
ASTM D4 13
ASTMD751
= Parent
material
(D) Solubility
ASTMD471
ASTMD47]
<0.10%by
weight
(E) Puncture
FTMS lOlC
Method 2065
FTMS lOlC
Method 2031
350 lbs.
80 lbs.
(F) Tear
ASTM D 1004
ASTMD751
125 lbs.
DIEC
50 lbs.
(7) A membrane liner, if used, shall be installed under the direct super-
vision of a representative of the membrane liner fabricator or a contractor
certified by the fabricator.
(8) The excavation base and walls for a membrane liner shall be pre-
pared to the membrane liner fabricator's specifications and shall be firm,
smooth, and free of any sharp objects or protrusions.
(9) The site shall be assessed to ensure that the secondary containment
is always above the ground water and not in a 25-year flood plain, unless
the containment and monitoring designs are for use under such condi-
tions.
(e) Laminated, coated, or clad materials shall be considered a single
wall and do not fulfill the requirements of both primary and secondary
containment.
(f) Underground storage tanks with integral secondary containment
systems, which satisfy the construction requirements of subsection (b),
fulfill the volumetric requirements for secondary containment specified
in subsection (d)(1).
(g) Underground storage tanks with secondary containment systems
shall be so designed and installed so that any loss of a hazardous sub-
stance from the primary containment will be detected by an interstitial
monitoring device or method.
(h) An underground storage tank which contains motor vehicle fuel
and which is designed with an integral secondary containment system
shall provide 100 percent secondary containment unless it is equipped
with the overfill prevention system in accordance with section
2635(b)(2)(C). In this case, the top portion of the tank, no greater than
two feet wide along the length of the tank, may be single-walled.
(i) Tanks designed and constructed pursuant to the provisions of this
section shall be monitored according to the provisions of section 2632.
NOTK; Authority cited; Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25284.1 and 25291, Health and Safety Code; 40CFR
280.20.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Rcii-
ister92. No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43 ).
3. Amendment of section headina and text filed 4-5-94; operative 5-5-94 ( Reels-
ter94. No. 14).
4. Amendment of subsection (a) and Note filed 5-14-2001 ; operative 5- 14 2()()1
pursuant to Government Code section 1 1343.4 (Register 2001. No. 20).
§ 2631 .1 . Compatibility and Permeability Testing
Requirements for All New Underground
Storage Tanks.
(a) Owners and operators must use an underground storage tank sys-
tem made of or lined with materials that are compatible with the sub-
stance stored in the underground storage tank system.
(b) For underground storage tank system components installed on or
after July 1, 2004, the applicable approvals required in subsections
263 1 (b) and (d) shall include a list of the compatible products tested and
the measured product permeation rates, if such testing is required by the
industry code or engineering standard used to evaluate the component.
These results shall be provided to the local agency upon request.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25284.1, 25286. 25291 and 25299, Health and Safety
Code; and 40 CFR 280.20, 280.32 and 280.40-280.45.
History
1. New section filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
§ 2632. Monitoring and Response Plan Requirements for
New Underground Storage Tanks Constructed
Pursuant to Section 2631 .
(a) This section is applicable only to underground storage tanks con-
structed pursuant to the requirements of section 263 1 .
(b) Owners or operators of underground storage tanks subject to this
section shall implement a monitoring program approved by the local
agency and specified in the underground storage tank operating permit.
The program shall include interstitial space monitoring as described in
subsection (c) and shall include the items listed in subsection (d).
(c) Monitoring of the interstitial space shall include either visual moni-
toring of the primary containment system as described in subsection
(c)(1) or one or more of the methods listed in subsection (c)(2).
(1 ) A visual monitoring program shall incorporate all of the following:
(A) All exterior surfaces of the underground storage tanks and the sur-
face of the floor directly beneath the underground storage tanks shall be
capable of being monitored by direct viewing.
(B) Visual inspections shall be performed daily, except on weekends
and recognized state and/or federal holidays. Inspections may be more
frequent if required by the local agency or the local agency may reduce
the frequency of visual monitoring at facilities where personnel are not
normally present and inputs to and withdrawals from the underground
storage tanks are very infrequent. In these instances, visual inspection
shall be made weekly. The inspection schedule shall take into account the
minimum anticipated time during which the secondary containment sys-
tem is capable of containing any unauthorized release and the maximum
length of time any hazardous substance released from the primary con-
tainment system will remain observable on the surface of the secondary
containment system. The inspection schedule shall be such that inspec-
tions will occur on a routine basis when the liquid level in the tanks is at
its highest. The inspection frequency shall be such that any unauthorized
release will remain observable on the exterior of or the surface immedi-
ately beneath the underground storage tanks between visual inspections.
The evaluation of the length of time the hazardous substance remains ob-
servable shall consider the volatility of the hazardous substance and the
porosity and slope of the surface immediately beneath the tanks.
(C) The liquid level in the tank shall be recorded at the time of each
inspection.
(D) If any liquid is observed around or beneath the primary contain-
ment system, the owner or operator shall, if necessary, have the liquid
analyzed in the field using a method approved by the local agency or in
a laboratory to determine if an unauthorized release has occurred. The
Page 125
Register 2007, No. 51; 12-21-2007
§2633
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
owner or operator shall have a tank integrity test conducted, if necessary,
to determine whether the primary containment system is leaking. If a leak
is confirmed, the owner or operator shall comply with the applicable pro-
visions of Article 5, Article 6, and Article 7.
(2) A monitoring program which relies on the mechanical or electronic
detection of the hazardous substance in the interstitial space shall include
one or more of the methods in Table 3.2. The following requirements
shall apply when appropriate:
(A) Tlie interstitial space of the tank shall be monitored using a contin-
uous monitoring system which meets the requirements of section
2643(f).
(B) The continuous monitoring system shall be connected to an audi-
ble and visual alarm system approved by the local agency.
(C) For methods of monitoring where the presence of the hazardous
substance is not determined directly, for example, where liquid level
measurements in the interstitial space are used as the basis for determina-
tion, the monitoring program shall specify the proposed method(s) for
determining the presence or absence of the hazardous substance in the in-
terstitial space if the indirect methods indicate a possible unauthorized
release.
(d) All monitoring programs shall include the following:
(1) A written procedure for monitoring, submitted on the "Under-
ground Storage Tank Monitoring Plan" in Title 27, Division 3, Subdivi-
sion 1, Chapter 6, which establishes:
(A) The frequency of performing the monitoring;
(B) The methods and equipment, identified by name and model, to be
used for performing the monitoring;
(C) The location(s), as identified on a plot plan, where the monitoring
will be performed;
(D) The name(s) and title(s) of the person(s) responsible for perform-
ing the monitoring and/or maintaining the equipment;
(E) The reporting format;
(F) The preventive maintenance schedule for the monitoring equip-
ment. The maintenance schedule shall be in accordance with the man-
ufacturer's instructions, and;
(G) A description of the training necessary for the operation of both
the tank system and the monitoring equipment.
(2) A response plan which demonstrates, to the satisfaction of the local
agency, that any unauthorized release will be removed from the second-
ary containment system within the time consistent with the ability of the
secondary containment system to contain the hazardous substance, but
not more than 30 calendar days or a longer period of time as approved by
the local agency. The response plan shall include, but is not limited to,
the following:
(A) A description of the proposed methods and equipment to be used
for removing and properly disposing of any hazardous substances, in-
cluding the location and availability of the required equipment if not per-
manently on-site, and an equipment maintenance schedule for the equip-
ment located on-site.
(B) The name(s) and title(s) of the person(s) responsible for authoriz-
ing any work necessary under the response plan.
(e) When implementation of a monitoring program or any other condi-
tion indicates that an unauthorized release may have occurred, the owner
or operator shall comply with the release reporting requirements of Ar-
ticle 5. If the release came from the tank system, the owner or operator
shall replace, repair, or close the tank in accordance with Articles 3, 6,
or 7, respectively.
Table 3.2
Methods of Monitoring for Hazardous
Substances in the Interstitial Space of an Underground Storage Tank System
Wet
Wet
Volatile
Nonvolatile
Condition
of the
Secondary'
System^^i
Methods of Monitoring
Type of Liquid Hazardous
Substance Level Substance
Stored IndicatoA-^ Sensor^^^
Pressure or
Vacuum
Vapor Loss
Monitor Detector^'^^
Dry
Dry
Volatile
Nonvolatile
X
[ ' JA "dry" system does not contain liquid within the secondary containment dur-
ing normal operating conditions while a "wet" system does.
[-llncludes continuously operated mechanical or electronic devices.
t-^llnciudes either qualitative or quantitative determinations of the presence of
the hazardous substance.
[■^iDetects changes in pressure or vacuum in the interstitial space of an under-
ground storage tank with secondary containment.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Slafety Code.
Reference: Sections 25281 and 25291, Health and Safety Code; 40 CFR 280.43.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect unintenupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, Uo. 43).
3. Amendment of section heading, text and table 3.2 filed 4-5-94; operative
5-5-94 (Register 94, No. 14).
4. Amendment of subsection (d)( 1 ) filed 12-1 8-2007; operative 1-1 7 -2008 (Ree-
ister2007,No. 51).
§ 2633. Alternate Construction Requirements for New
Underground Storage Tanks Containing Motor
Vehicle Fuel.
(a) This section sets forth alternate construction requirements for new
underground storage tanks which contain only motor vehicle fuels. Own-
ers or operators of new underground storage tanks which ccntain only
motor vehicle fuels may comply with this section in lieu of section 263 1 .
If the tanks are constructed in accordance with the requiremt;nts of this
section, they shall be monitored in accordance with section 2634.
(b) Underground storage tanks used for storage of motor vehicle fuel
and constmcted in accordance with this section shall be composed of fib-
erglass-reinforced plastic, cathodically protected steel, or steel clad with
fiberglass-reinforced plastic. These tanks shall be installed with the leak
interception and detection system constructed in accordance v/ith the re-
quirements of subsections (d) through (f). The primary containment sys-
tem shall meet the requirements of sections 2631(b) and 2631(c).
(c) Underground storage tanks used for storage of motor vehicle fuel
that are constructed of materials other than those specified in subsection
(b) shall be constructed in accordance with section 2631 and monitored
in accordance with section 2631 and monitored in accordance with sec-
tion 2632.
(d) The floor of a leak interception and detection system shall be con-
structed on a firm base and sloped to a collection sump. Methods of con-
staiction for a leak interception and detection system using nembrane
liners shall comply with the requirement of section 263 1 (d)(()).
(e) Access casings shall be installed in the collection sump o F a second-
ary containment system which has backfill in the interstitial space. The
access casing shall be:
(1) Designed and installed to allow the liquid to flow into the casing;
(2) Sized to allow efficient removal of collected liquid and to with-
stand all anticipated applied stresses using appropriate engineering safe-
ty factors;
(3) Constructed of materials that will not be structurally weakened by
the stored hazardous substances or donate, capture, or mask constituents
for which analyses will be made;
(4) Screened along the entire vertical zone of permeable material
which may be installed between the primary container and the leak inter-
ception and detection system;
(5) Capable of prevenUng leakage of any hazardous substance from
the casing to areas outside the leak interception and detection system;
(6) Extended to the ground surface and covered with a loclced water-
proof cap or enclosed in a secured surface structure that will protect the
access casing(s) from entry of surface water, accidental damage, unau-
thorized access, and vandalism. A facility with locked gates will satisfy
the requirements for protection against unauthorized access aid vandal-
ism; and
Page 126
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§ 2634
(7) Capable of meeting requirements of local well-permitting agen-
cies.
(f) The leak interception and detection system shall prevent the leaked
hazardous substance from entering ground water. The leak interception
and detection system shall be situated above the highest anticipated
ground water elevation. Proof that the leak interception and detection
system will protect ground water shall be demonstrated by the owner or
operator of the underground storage tank to the satisfaction of the local
agency. In determining whether the leak interception and detection sys-
tem will adequately protect ground water, the local agency shall consider
the following:
( 1 ) The containment volume of the leak interception and detection sys-
tem;
(2) The maximum leak which could go undetected under the monitor-
ing method required in section 2634 and the maximum period during
which the leak will go undetected;
(3) The frequency and accuracy of the proposed method of monitoring
the leak interception and detection system;
(4) The depth from the bottom of the leak interception and detection
system to the highest anticipated level of ground water;
(5) The nature of the unsaturated soils under the leak interception and
detection system and their ability to absorb contaminants or to allow
movement of contaminants;
(6) The effect of any precipitation or subsurface infiltration on the
movement of any leak of hazardous substance and the available volume
of the leak interception and detection system; and
(7) The nature and timing of the response plan required by section
2634 to clean up any hazardous substances which have been discharged
from the primary container.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281 and 25291, Health and Safety Code; 40 CFR 280.20.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
§ 2634. Monitoring and Response Plan Requirements for
New Underground Storage Tanks Containing
Motor Vehicle Fuel and Constructed Pursuant
to Section 2633.
(a) This section applies only to underground storage tanks containing
motor vehicle fuel and which are constructed in accordance with section
2633.
(b) Owners or operators of tanks which are constructed pursuant to
section 2633 and which contain motor vehicle fuel shall implement a
monitoring program approved by the local agency and specified in the
tank operating permit.
(c) New tanks which contain motor vehicle fuel and which are con-
structed in accordance with section 2633 shall be monitored as follows:
(1) The leak interception and detection system shall be monitored in
accordance with subsection (d) of this section;
(2) The motor vehicle fuel inventory shall be reconciled according to
the performance requirements in section 2646; and,
(3) All underground piping shall be tested and monitored in accor-
dance with section 2636.
(d) Before implementing a monitoring program, the owner or operator
shall demonstrate to the satisfaction of the local agency that the program
is effective in detecting an unauthorized release from the primary con-
tainer before it can escape from the leak interception and detection sys-
tem. A monitoring program for leak interception and detection systems
shall meet the following requirements:
(1) The system shall detect any unauthorized release of the motor ve-
hicle fuel using either:
(A) One or more of the continuous monitoring methods provided in
Table 3.2. The system shall be connected to an audible and visual alarm
system approved by the local agency; or,
(B) Manual monitoring. If this method is used, it shall be performed
daily, except on weekends and recognized state and/or federal holidays,
but no less than once in any 72 hour period. Manual monitoring may be
required on a more frequent basis as specified by the local agency.
(2) The owner or operator shall prepare a written procedure for routine
monitoring, submitted on the "Underground Storage Tank Monitoring
Plan" in Title 27, Division 3, Subdivision 1 , Chapter 6, which establishes:
(A) The frequency of performing the monitoring;
(B) The methods and equipment to be used for performing the moni-
toring;
(C) The location(s) where the monitoring will be performed;
(D) The name(s) and title(s) of the person(s) responsible for perform-
ing the monitoring and/or maintaining the equipment;
(E) The reporting format;
(F) The preventive maintenance schedule for the monitoring equip-
ment. The maintenance schedule shall be in accordance with the man-
ufacturer's instructions; and
(G) A description of the training necessary for the operation of both
the tank system and the monitoring equipment.
(3) For methods of monitoring where the presence of the hazardous
substance is not determined directly, for example, where liquid level
measurements are used as the basis for determination (i.e., liquid level
measurements), the monitoring program shall specify the proposed
method(s) for determining the presence or absence of the hazardous sub-
stance if the indirect method indicates a possible unauthorized release of
motor vehicle fuel.
(e) A response plan for an unauthorized release shall be developed be-
fore the underground storage tank system is put into service. If the leak
interception and detection system meets the volumetric requirement of
section 263 1 (d), the local agency shall require the owner to develop a re-
sponse plan pursuant to the requirements of subsection 2632(d)(2). If the
leak interception and detection system does not meet the volumetric re-
quirements of section 2631(d)(1) through (5), the response plan shall
consider the following:
(1 ) The volume of the leak interception and detection system in rela-
tion to the volume of the primary container;
(2) The amount of time the leak interception and detection system shall
provide containment in relation to the period of time between detection
of an unauthorized release and cleanup of the leaked substance;
(3) The depth from the bottom of the leak interception and detection
system to the highest anticipated level of ground water;
(4) The nature of the unsaturated soils under the leak interception and
detection system and their ability to absorb contaminants or to allow
movement of contaminants; and
(5) The methods and scheduling for removal all of the hazardous sub-
stances which may have been discharged from the primary container and
are located in the unsaturated soils between the primary container and
ground water, including the leak interception and detection system sump.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25291 and 25292, Health and Safety Code; 40 CFR
280.41.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
4. Amendment of subsection (d)(2) filed 12-18-2007; operative 1-17-2008 (Reg-
ister 2007, No. 51).
Page 127
Register 2007, No. 51; 12-21-2007
§2635
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 2635. Installation and Testing Requirements for All New
Underground Storage Tanks.
(a) Primary and secondary containment systems shall be designed,
constaicted, tested, and certified to comply, as applicable, with all of the
following requirements:
( 1 ) All underground storage tanks shall be tested at the factory before
being transported. The tests shall determine whether the tanks were con-
structed in accordance with the applicable sections of the industry code
or engineering standard under which they were built.
(2) The outer surface of underground storage tanks constructed of steel
shall be protected from corrosion as follows, except that primary contain-
ment systems installed in a secondary containment system and not back-
filled do not need cathodic protection:
(A) Field-installed cathodic protection systems shall be designed and
certified as adequate by a corrosion specialist. The cathodic protection
systems shall be tested by a cathodic protection tester within six months
of installation and at least every three years thereafter. The criteria that
are used to determine that cathodic protection is adequate as required by
this section shall be in accordance with a code of practice developed in
accordance with voluntary consensus standards. Impressed-current ca-
thodic protection systems shall also be inspected no less than every 60
calendar days to ensure that they are in proper working order.
(B) Underground storage tanks protected with fiberglass-reinforced
plastic coatings, composites, or equivalent non-metallic exterior coat-
ings or coverings, including coating/sacrificial anode systems, shall be
tested at the installation site using an electric resistance holiday detector.
All holidays detected shall be repaired and checked by a factory autho-
rized repair service before installation. During and after installation, care
shall be taken to prevent damage to the protective coating or cladding.
Preengineered corrosion protection systems with sacrificial anodes shall
be checked once every three years in accordance with the manufacturer's
instructions.
(3) Before installation, the tank shall be tested for tightness at the in-
stallation site in accordance with the manufacturer's written guidelines.
If there are no guidelines, the primary and secondary containment shall
be tested for tightness with air pressure at not less than 3 pounds per squa-
re-inch (20.68 k Pa) and not more than 5 pounds per square-inch (34.48
k Pa). In lieu of the above, an equivalent differential pressure test, ex-
pressed in inches of mercury vacuum, in the interstitial space of the sec-
ondary containment, is acceptable. The pressure (or vacuum in the inter-
stitial space) shall be maintained for a minimum of 30 minutes to
determine if the tank is tight. If a tank fails the tightness test, as evidenced
by soap bubbles, or water droplets, installation shall be suspended until
the tank is replaced or repaired by a factory authorized repair service. Fol-
lowing repair or replacement, the tank shall pass a tightness test.
(4) All secondary containment systems shall pass a post- installation
test which meets the approval of the local agency.
(5) After installation, but before the underground storage tank is
placed in service, a tank integrity test shall be conducted to ensure that
no damage occurred during installation. The tank integrity test is not re-
quired if the tank is equipped with an interstitial monitor certified by a
third-party evaluator to meet the performance standards of a "tank integ-
rity test" as defined in section 26 11 , or if the tank is tested using another
method deemed by the State Water Resources Control Board to be equiv-
alent.
(6) All underground storage tanks shall be installed according to a
code of practice developed in accordance with voluntary consensus stan-
dards and the manufacturer's written installation instructions. The owner
or operator shall certify that the underground storage tank was installed
in accordance with the above requirements as required by subsection (d)
of this section.
(7) All underground storage tanks subject to flotation shall be an-
chored using methods specified by the manufacturer or, if none exist,
shall be anchored according to the best engineering judgment.
(b) All underground storage tanks shall be equipped with a spill con-
tainer and an overfill prevention system as follows:
(1) The spill container shall collect any hazardous substances spilled
during product delivery operations to prevent the hazardous substance
from entering the subsurface environment. The spill container shall meet
the following requirements:
(A) If it is made of metal, the exterior wall shall be protected from gal-
vanic corrosion.
(B) It shall have a minimum capacity of five gallons (19 liters).
(C) It shall have a drain valve which allows drainage of tfie collected
spill into the primary container or provide a means to keep the spill con-
tainer empty.
(2) The overfill prevention system shall not allow for manual override
and shall meet one of the following requirements:
(A) Alert the transfer operator when the tank is 90 percen . full by re-
stricting the flow into the tank or triggering an audible and visual alarm;
or
(B) Restrict delivery of flow to the tank at least 30 minutes before the
tank overfills, provided the restriction occurs when the tank is filled to
no more than 95 percent of capacity; and activate an audible alarm at least
five minutes before the tank overfills; or
(C) Provide positive shut-off of flow to the tank when the tank is filled
to no more than 95 percent of capacity; or,
(D) Provide positive shut-off of flow to the tank so that none of the
fittings located on the top of the tank are exposed to product due to over-
filling.
(3) The local agency may waive the requirement for overj'ill preven-
tion equipment where the tank inlet exists in an observable area, the spill
container is adequate to collect any overfill, and the tank system is filled
by transfers of no more than 25 gallons at one time.
(c) Secondary containment systems including leak interception and
detection systems installed pursuant to section 2633 shall comply with
all of the following:
(1) The secondary containment system shall encompass the area with-
in the system of vertical planes surrounding the exterior of tiie primary
containment system. If backfill is placed between the primary and sec-
ondary containment systems, an evaluation shall be made of the maxi-
mum lateral spread of a point leak from the primary containment system
over the vertical distance between the primary and secondary contain-
ment systems. The secondary containment system shall extend an addi-
tional distance beyond the vertical planes described above equal to the
radius of the lateral spread plus one foot.
(2) The secondary containment system shall be capable of preventing
the inflow of the highest ground water anticipated into the interstitial
space during the life of the tank.
(3) If the interstidal space is backfilled, the backfill material shall not
prevent the vertical movement of leakage from any part of the primary
containment system.
(4) The secondary containment system with backfill material shall be
designed and constructed to promote gravity drainage of an unauthorized
release of hazardous substances from any part of the primary contain-
ment system to the monitoring location(s).
(5) Two or more primary containment systems shall not ust the same
secondary containment system if the primary containment systems store
materials that in combinafion may cause a fire or explosion, or the pro-
duction of a flammable, toxic, or poisonous gas, or the deterioration of
any part of the primary or secondary containment system.
(6) Drainage of liquid from within a secondary containment system
shall be controlled in a manner approved by the local agency to prevent
hazardous materials from being discharged into the environment. The
hquid shall be analyzed to determine the presence of any of the hazardous
substance(s) stored in the primary containment system prior to initial re-
moval, and monthly thereafter, for any continuous discharge (removal)
to determine the appropriate method for final disposal. The liquid shall
be sampled and analyzed immediately upon any indication of an unau-
thorized release from the primary containment system.
(7) For primary containment systems installed completely beneath the
ground surface, the original excavation for the secondary cc^ntainment
Page 128
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§ 2636
system shall have a water-tight cover which extends at least one foot be-
yond each boundary of the original excavation. This cover shall be as-
phalt, reinforced concrete, or equivalent material which is sloped to
drainways leading away from the excavation. Access openings shall be
constructed as water-tight as practical. Primary containment systems
with integral secondary containment and open vaults are exempt from the
requirements of this subsection.
(8) The actual location and orientation of the tanks and appurtenant
piping systems shall be indicated on as-built drawings of the facility. Co-
pies of all drawings, photographs, and plans shall be submitted to the lo-
cal agency for approval.
(d) Owners or their agents shall certify that the installation of the tanks
and piping, meets the conditions in subdivision (1) through (4) below.
The certification shall be made on an "Underground Storage Tank Certi-
fication of Installation/Modification" form in Title 27, Division 3, Subdi-
vision 1 , Chapter 6.
(1) The installer has met the requirements set forth in section 2715,
subdivisions (g) and (h);
(2) The underground storage tank, any primary piping, and any sec-
ondary containment, was installed according to applicable voluntary
consensus standards and any manufacturer's written installation instruc-
tions;
(3) All work listed in the manufacturer's installation checklist has been
completed; and
(4) The installation has been inspected and approved by the local
agency, or, if required by the local agency, inspected and certified by a
registered professional engineer who has education and experience with
underground storage tank system installations.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25284.1, 25291 and 25299, Health and Safety Code;
40 CPU 280.20 and 280.40-280.45.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect unintemipted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
4. Amendment of subsection (d)(1) and Note filed 5-14-2001; operative
5-14-2001 pursuant to Government Code section 1 1343.4 (Register 2001 , No.
20).
5. Amendment of subsections (d) and (d)(1), repealer of subsection (d)(2) and sub-
section renumbering filed 4-8-2004; operative 5-8-2004 (Register 2004, No.
15).
6. Amendment of subsection (d) filed 12-18-2007; operative 1-17-2008 (Regis-
ter 2007, No. 51).
§ 2636. Design, Construction, Installation, Testing, and
Monitoring Requirements for Piping.
(a) Except as provided below, piping connected to tanks which were
installed after July 1 , 1 987, shall have secondary containment that com-
plies with the requirements of section 263 1 for new underground storage
tanks. This requirement does not apply to piping described as follows:
( 1 ) vent or tank riser piping, provided the primary containment system
is equipped with an overfill prevention system meeting the requirements
specified in sections 2635(b)(2)(B) or (C); or,
(2) vapor recovery piping if designed so that it cannot contain liquid-
phase product; or,
(3) suction piping if the piping is designed, constructed, and installed
as follows:
(A) The below-grade piping operates at less than atmospheric pres-
sure (suction piping);
(B) The below-grade piping is sloped so that the contents of the pipe
will drain back into the storage tank if the suction is released (gravity-
flow piping);
(C) No valves or pumps are installed below grade in the suction line.
Only one check valve is located directiy below and as close as practical
to the suction pump;
(D) An inspection method is provided which readily demonstrates
compliance with subdivisions (A) through (C) above.
(b) All corrodible underground piping, if in direct contact with backfill
material, shall be protected against corrosion. Piping constructed of fib-
erglass-reinforced plastic, steel with cathodic protection, or steel iso-
lated from direct contact with backfill, fulfills this corrosion protection
requirement. Cathodic protection shall meet the requirements of section
2635(a)(2).
(c) Underground primary piping shall meet all o\' the following re-
quirements:
( 1 ) Primary piping in contact with hazardous substances under normal
operating conditions shall be installed inside a secondary containment
system which may be a secondary pipe, vault, or a lined trench. All sec-
ondary containment systems shall be sloped so that all releases will flow
to a collection sump located at the low point of the underground piping.
(2) Primary piping and secondary containment systems shall be in-
stalled in accordance with an industry code of practice developed in ac-
cordance with voluntary consensus standards. The owner or operator
shall certify that the piping was installed in accordance with the above
requirements of section 2635(d). The certification shall be made on the
"Underground Storage Tank Certification of Installation/Modification"
form in Titie 27, Division 3, Subdivision 1, Chapter 6.
(d) Lined trench systems used as part of a secondary containment sys-
tem shall be designed and constructed according to a code of practice or
engineering standard approved by a state registered professional engi-
neer. The following requirements shall also apply:
(1) All trench materials shall be compatible with the substance stored
and evaluated by an independent testing organization for their compati-
bility or adequacy of the trench design, construction, and application.
(2) The trench shall be covered and capable of supporting any ex-
pected vehicular traffic.
(e) All new primary piping and secondary containments systems shall
be tested for tightness after installation in accordance with manufactur-
er's guidelines. Primary pressurized piping shall be tested for tightness
hydrostatically at 150 percent of design operating pressure or pneumati-
cally at 1 10 percent of design operating pressure. If the calculated test
pressure for pressurized piping is less than 40 psi, 40 psi shall be used as
the test pressure. The pressure shall be maintained for a minimum of 30
minutes and all joints shall be soap tested. A failed test, as evidenced by
the presence of bubbles, shall require appropriate repairs and retesting.
if there are no manufacturer's guidelines, secondary containment sys-
tems shall be tested using an applicable method specified in an industry
code or engineering standard. Suction piping and gravity flow piping
which cannot be isolated from the tank shall be tested after installation
in conjunction with an overfilled volumetric tank integrity test or other
test method meeting the requirements of section 2643(f), if approved by
the local agency.
(f) Underground piping with secondary containment, including un-
der-dispenser piping with secondary containment, shall be equipped and
monitored with monitoring systems as follows:
(1) All secondary containment, including under-dispenser contain-
ment, and under-dispenser spill control or containment systems shall be
equipped with a continuous monitoring system that either activates an
audible and visual alarm or stops the flow of product at the dispenser
when it detects a leak.
(2) Automatic line leak detectors shall be installed on underground
pressurized piping and shall be capable of detecting a 3-gallon per hour
leak rate at 10 psi within 1 hour with a probability of detection of at least
95 percent and a probability of false alarm no greater than 5 percent, and
shall restrict or shut off the flow of product through the piping when a
leak is detected.
[Editor's note: Version of (f)(3) in effect prior to 1-1 7-2008. |
(3) Until November 9, 2004, other monitoring methods may be used
in lieu of the requirement in subdivision (2) if il is demonstrated lo the
satisfaction of the local agency that the alternate method is as effective
as the methods otherwise required by this section. Continuous monitor-
Page 129
Register 2007, No. 51; 12-21-2007
§ 2636.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
ing systems as described in subdivision (1), which shut down the pump
in addition to either activating the audible and visual alarm or stopping
the flow of product at the dispenser, satisfy the automatic line leak detec-
tor requirement of subdivision (2).
[Editor's note: Version of (f)(3) effective 1-17-2008.]
(3) Until November 9, 2004, other monitoring methods may be used
in lieu of the requirement in subdivision (2) if it is demonstrated to the
satisfaction of the local agency that the alternate method is as effective
as the methods otherwise required by this section. As an example, contin-
uous monitoring systems as described in subdivision (1), which shut
down the pump in addition to either activating the audible and visual
alarm or stopping the flow of product at the dispenser, satisfy the auto-
matic line leak detector requirement of subdivision (2), for purposes of
this subdivision (f)(3).
(4) Monitoring shall be conducted on all underground pressurized pip-
ing with secondary containment at least annually at a pressure designated
by the equipment manufacturer, provided that the method is capable of
detecting a minimum release equivalent to 0. 1 gallon per hour defined at
150 percent of the normal operating pressure of the product piping sys-
tem at the test pressure with at least a 95 percent probability of detection
and not more than a 5 percent probability of false alarm.
(5) Continuous monitoring systems as described in subdivision (f)(
satisfy the annual tightness testing requirement of subdivision (f)(4) if
both of the following conditions are met:
(A) The monitoring system shuts down the pump or stops the flow of
product at the dispenser when a leak is detected in the under- dispenser
containment.
(B) The monitoring system for all product piping other than that con-
tained in the under-dispenser containment is fail safe, and shuts down the
pump when a leak is detected.
(6) For emergency generator tank systems, continuous monitoring
systems as described in subdivision (1), which activate an audible and
visual alarm in the event of a leak or a malfunction of the monitoring sys-
tem satisfy the automatic line leak detector requirement of subdivision
(2), provided that the monitoring system is checked at least daily by either
remote electronic access or on-site visual inspections. A log of daily
checks shall be available for local agency review upon request.
(g) Under-dispenser containment shall be designed, constructed, and
installed in accordance with the following:
( 1 ) Owners or Operators of a UST system shall have the system fitted
with under-dispenser containment, or an approved under-dispenser spill
containment or control system according to the following schedule:
(A) At the time of installation for systems installed after January 1 ,
2000.
(B) By July 1, 2001, for systems installed after July 1, 1987 that are
located within 1,000 feet of a public drinking water well, as identified
pursuant to the state Geographic Information System mapping database.
(C) By December 31, 2003, for systems not subject to subsection
2636(g)(1)(A) or (B).
(2) Under-dispenser containment shall be designed, constructed,
installed, and monitored in accordance with section 2631, 2636(c)(2),
2636(e), and 2636(f).
(3) A manufacturer of an under-dispenser spill containment or control
system may apply to the Division of Water Quality Underground Storage
Tank Program Manager for approval of the system. Owners or operators
shall not install an under-dispenser spill containment or control system
that has not been approved.
(A) Applications for approval shall be submitted in writing and in-
clude the following:
(i) A description of the proposed system.
(ii) Clear and convincing evidence that the system will protect the soil
and beneficial uses of the waters of the state from unauthorized releases.
(B) The Program Manager shall review the application to determine
if the proposed system adequately protects the soil and beneficial uses of
groundwater before determining whether to approve the proposed sys-
tem.
(C) The Program Manager may modify or revoke a previously issued
approval if it finds that, based on new evidence, the appro^'ed system
does not adequately protect the soil and beneficial uses of groundwater
from unauthorized releases.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and .Safety Code.
Reference: Sections 25281. 25284.1, 25291 and 25299, Health and Safety Code;
and 40 CFR 280.20 and 280.40-280.45.
History
1 . New section filed 4-5-94; operative 5-5-94 (Register 94. No. 14).
2. Amendment of subsections (f)-(f)(3) and (g)-(2)(4), new subsections
(h)-(h)(3)(C) and amendment of Noth filed 5-14-2001 ; operative 5-14-2001
pursuant to Government Code section 11 343.4 (Register 2001, No. 20).
3. Amendment of subsections (f)(2)-(4), new subsections (f)(5H6). repealer of
subsections (g)-(g)(5). subsection relettering and amendment of newly desig-
nated subsections (g)(1)(C) and (s)(3) filed 4-8-2004; operative 5-8-20(34
(Register 2004, No. 15).
4. Amendment of subsections (c)(2) and (f)(3) filed 12-18-200''; operative
1-17-2008 (Register 2007, No. 51).
§ 2636.1. Final Division Decisions Regarding
Under-Dispenser Spill Containment or Control
Systems.
(a) A manufacturer of an under-dispenser spill containmen; or control
system who disagrees with a determination by the Program Manager not
to approve the manufacturer's system under section 2636(g)(3)(B) or to
modify or revoke a previously issued approval of the manufacturer's sys-
tem under section 2636(g)(3)(C) may ask for a review by the Division
Chief
(b) An appeal to the Division Chief must be in writing and must be ac-
companied by all material that the manufacturer wishes to be considered
by the Division Chief and by the Board in any subsequent review by the
Board. The appeal must contain an explanation why the manufacturer be-
lieves the Program Manager's determination is erroneous, ina]3propriate,
or improper.
(c) The Division Chief shall render a Final Division Decision within
30 days of receipt of the appeal. A Final Division Decision is final and
conclusive unless the manufacturer files a petition for review with the
Board that is received by the Board within 30 days from the date of the
Final Division Decision.
(d) The Division Chief may at any time, on the Division Chiefs own
motion, issue a Final Division Decision.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25284.1, Health and Safety Code.
History
1. New section filed 5-14-2001: operafive 5-14—2001 pursuant to (jovemment
Code secdon 11 343.4 (Register 2001, No. 20).
2. Amendment of subsection (a) filed 4-8-2004; operative 5-8-2004 (Register
2004, No. 15).
§ 2636.2. Petition for Board Review Regarding
Under-Dispenser Spill Containment or Control
Systems.
(a) A manufacturer may petition the Board for review of a Final Divi-
sion Decision.
(b) A petition for Board review shall contain the following:
( 1 ) The name and address of the petitioner;
(2) A statement of the date on which the petitioner received the Divi-
sion's final decision;
(3) A copy of the Final Division Decision that the Board is requested
to review;
(4) An explanauon why the petitioner believes the Final Division De-
cision is erroneous, inappropriate, or improper;
(5) A statement describing how the petiuoner is damaged hy the Final
Division Decision; and
(6) A descripfion of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, \vith copies
sent to the Chief Counsel of the Board, and the Division Chief
(d) The petitioner may request a hearing for the purpose of presenting
factual material not presented to the Division Chief or for oral argument
or both. The request to present material that was not presented to the Divi-
Page 130
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§2638
sion Chief must include a description of the factual material that the peti-
tioner wishes to submit, the facts that the petitioner expects to establish,
and an explanation of the reasons why the petitioner could not previously
submit the new material to the Division Chief. Tlie petitioner must in-
clude with the petition a copy of any new documentary material that the
petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the
Board within 30 days of the Board's notification to the petitioner that the
petition is complete. The Division must provide a copy of any response
to the petitioner. The Board may extend the time for filing a response by
the Division Chief.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25284.1, Health and Safety Code.
History
1. New section filed 5-14-2001: operative 5-14-2001 pursuant to Government
Code section 11343.4 (Register 2001, No. 20).
§ 2636.3. Defective Petitions.
Upon the Board' s receipt of a petition which does not comply with sec-
tion 2636.2 of this chapter, the Board, through its Chief Counsel, will ad-
vise the petitioner of the manner in which the petition is defective and al-
low a reasonable time within which an amended petition may be filed. If
the Board does not receive a properly amended petition within the time
allowed, the petition shall be dismissed.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25284. 1 , Health and Safety Code.
History
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 20).
§ 2636.4. Action by the Board Regarding Under-Dispenser
Spill Containment or Control Systems.
(a) In response to the petition, the Board may:
( 1 ) Refuse to review the petition if it is late or fails to raise substantial
issues that are appropriate for Board review;
(2) Affirm the final decision that the Board has been requested to re-
view;
(3) Set aside or modify the final decision that the Board has been re-
quested to review; or
(4) Take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hear-
ing, or provide for an informal meeting between the petitioner, the Divi-
sion Chief, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute.
(c) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3, Chapter 1.5,
article 2.
(d) The Board reserves the right, at its discretion, to consider a petition
upon its own motion.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25284.1, Health and Safety Code.
History
1. New section filed 5-14-2001; operative 5-14—2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 20).
§ 2637. Secondary Containment Testing.
(a) Secondary containment systems installed on or after January 1 ,
2001 shall be tested upon installation, 6 months after installation, and ev-
ery 36 months thereafter. Secondary containment systems installed prior
to January 1, 2001 shall be tested by January 1, 2003 and at least every
36 months thereafter.
(b) By December 3 1 , 2002, the owner or operator of any secondary
containment system that the owner or operator determines cannot be
tested in accordance with this section shall replace the secondary con-
tainment system with a system that can be tested in accordance with this
section. As an alternative, the owner or operator may submit a proposal
and workplan for enhanced leak detection to the local agency in accor-
dance with subdivisions 2644.1(a)(1), (2), (4), and (5) by July 1, 2002;
complete the program of enhanced leak detection by December 3 1 . 2002;
and replace the secondary containment system with a system that can be
tested in accordance with this section by July 1 , 2005. The local agency
shall review the proposed program of enhanced leak detection within 45
days of submittal or re-submittal.
(c) Periodic testing of secondary containment systems shall be con-
ducted using a test procedure that demonstrates that the system performs
at least as well as it did upon installation. For example, if the secondary
containment system was tested upon installation by using a test method
that applied a pressure of 5 psi, then the periodic test must be conducted
using a method that tests the system at an equivalent pressure. These tests
shall be performed in accordance with manufacturer's guidelines or stan-
dards. If there are no manufacturer' s guidelines or standards, secondary
containment systems must be tested using an applicable method speci-
fied in an industry code or engineering standard. If there are no applicable
manufacturers guidehnes. industry codes, or engineering standards a test
method approved by a state registered professional engineer shall be
used.
(d) Secondary containment testing shall be performed by either a ser-
vice technician or a licensed tank tester, both of which must meet the re-
quirements of section 2715, subdivision (i).
(e) Underground storage tank owners and operators shall submit a
copy of the test report to the local agency within 30 days of the comple-
tion of the test.
(f) Owners and operators of underground storage tanks must notify the
local agency at least 48 hours prior to conducting the test, unless this noti-
fication requirement is waived by the local agency.
(g) Secondary containment systems where the continuous monitoring
automatically monitors both primary and secondary containment, such
as systems that are hydrostatically monitored or under constant vacuum,
are exempt from periodic secondary containment testing.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25284.1, 25291 and 25292, Health and Safety Code;
and 40 CFR 280.41.
History
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 20).
2. Amendment of section heading and subsection (a), redesignation of former sub-
sections (a)(l)-(6) as subsections (b)-(g), amendment of newly designated sub-
section (d) and renumbering of former subsections (b)-(b)(6) as new section
2638 filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
3. Amendment of subsection (a) filed 12-18-2007; operaUve 1-17-2008 (Regis-
ter 2007, No. 51).
§ 2638. Annual Certification of Monitoring Equipment.
(a) All monitoring equipment used to satisfy the requirements of this
article shall be installed, calibrated, operated and maintained in accor-
dance with manufacturer's instructions, and certified every 12 months
for operability, proper operating condition, and proper calibration. Writ-
ten records shall be maintained as required in section 2712.
(b) Persons performing installation, repair, maintenance, calibration,
or annual certification of monitoring equipment shall meet the require-
ments set forth in section 2715, subdivision (i).
(c) Annual monitoring equipment certification shall be made on a
"Monitoring System Certification" form (see Appendix VI).
(d) UST owners and operators shall submit a completed "Monitoring
System Certification" form to the local agency within 30 days after
completion of the inspection.
(e) The UST owner or operator shall notify the local agency at least 48
hours prior to conducting the installation, repair, replacement, calibra-
tion, or certification of monitoring equipment unless the notification re-
quirement is waived by the local agency.
(f) A person conducting UST monitoring equipment certification shall
affix a tag/sticker on each monitoring equipment component that is being
certified, repaired, or replaced. The tag/sticker shall be placed in a readily
visible location and shall include the date the UST component was certi-
fied, repaired, or replaced, and the contractor's or tank tester's license
number.
Page 131
Register 2007, No. 51; 12-21-2007
§2640
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281, 25284.1, 25291 and 25292, Health and Safety Code;
and 40 CFR 280.41.
History
1 . Renumbering and amendment of former section 2637(b)-(b)(6) as new section
2638 filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
2. Amendment of subsection (f) filed 12-18-2007; operative 1-17-2008 (Regis-
ter 2007, No. 51),
Article 4. Existing Underground Storage
Tank Monitoring Requirements
§ 2640. General Applicability of Article.
(a) The requirements of this article apply to owners or operators of ex-
isting underground storage tanks.
(b) The requirements of this article apply during the following periods:
( 1 ) Any operating period, including any period during which the tank
is empty as a result of withdrawal of all stored substances before input
of additional hazardous substances;
(2) Any period during which hazardous substances are stored in the
tank, and no filling or withdrawal is conducted; and
(3) Any period between cessation of the storage of hazardous sub-
stances and the actual completion of closure, pursuant to Article 7, unless
otherwise specified by local agency, pursuant to section 2671(b). during
a temporary closure period.
(c) This article shall not apply to underground storage tanks that are
designed, constructed, installed, and monitored in accordance with Ar-
ticle 3.
(d) Owners or operators of tanks monitored pursuant to section
25292(b)(5)(A) of the Health and Safety Code shall comply with the re-
quirements of section 2645. Tank systems having a capacity of more than
2,000 gallons shall not be monitored pursuant to section 25292(b)(5)(A)
of the Health and Safety Code.
(e) An owner or operator of an underground storage tank system with
a single-walled component that is located within 1 ,000 feet of a public
drinking water well, as notified by the board according to its Geographic
Information System mapping database, shall implement a program of en-
hanced leak detection or monitoring for that tank system in accordance
with section 2644. 1 . Additionally, the following conditions for enhanced
leak detection shall apply:
( 1 ) For the purpose of section 2644. 1 , vent or tank riser piping, vapor
recovery piping, and suction piping that meet the definitions of section
2636(a)(1), (2), or (3), are not considered single-walled components.
(2) Owners or operators notified by the board who believe that their
facility is not subject to this requirement may request reconsideration by
the Division of Clean Water Programs Underground Storage Tank Pro-
gram Manager. The request shall be in writing and received by the Under-
ground Storage Tank Program Manager within 60 calendar days of the
date the notification was mailed. The Program Manager shall make a de-
cision on the request, and notify the applicable local agency of this deci-
sion, within 90 calendar days of receipt of the request.
(3) The request for reconsideration must include the name and address
of the subject facility, the name and address of the owner or operator sub-
mitting the request, and the reason(s) why the requester believes the
board notification was in error. If the request is based on evidence that
the UST system in question is greater than 1 ,000 feet from a public drink-
ing water well, the request shall include a demonstration that the center
of the well head is more than 1 .000 ft from the closest component of the
UST system. If the request is based on evidence that the subject UST sys-
tem does not have a single-walled component, the request shall include
supporting documentation. A copy of the request shall be concurrently
submitted to the local agency.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25292 and 25292.4, Health and Safety Code; and 40 CFR
280.40, 280.42 and 280.43(b).
History
1 . Amendment of article and section headings and Note, repealer ol' subsections
(a)-(f), and adoption of subsections (a)-(c) filed 8-9-91 as an emergency; op-
erative 8-9-91. Text remains in effect uninterrupted pursuant to Health and
■ Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, ^o. 43).
3. Amendment of section and Noth filed 4-5-94; operative 5-5-94 (Register 94,
No. 14).
4. Amendment of subsection (c), new subsections {e)-(e)(3) and amendment of
Notf: filed 5-14-2001; operative 5-14-2001 pursuant to Government Code
section 1 1343.4 (Register 2001, No. 20).
§ 2641. Monitoring Program Requirements.
(a) Owners or operators of existing underground storage tanks subject
to this article shall impleinent a monitoring program which is capable of
detecting an unauthorized release from any portion of the underground
storage tank system at the earliest possible opportunity.
(b) Underground piping shall be exempt from monitoring require-
ments if the local agency determines that the piping has been designed
and constructed in accordance with section 2636(a)(3).
(c) All underground piping that operates at less than atmospheric pres-
sure, unless it is exeinpt from monitoring under subsection (b), shall com-
ply with the monitoring requirements of section 2643(d) and shall also
include daily monitoring as described in Appendix II.
(d) All portions of the underground storage tank system sh ill be visu-
ally monitored in accordance with section 2642. A portion of the under-
ground storage tank shall be exempt from visual monitoring if the owner
deiTionstrates to the satisfaction of the local agency that one or more of
the following conditions apply to that portion:
( 1 ) It is not accessible for direct viewing;
(2) Visual inspection would be hazardous or would requirt; the use of
extraordinary personal protection equipment other than nornal protec-
tive equipment such as steel-toed shoes, hard hat, or ear projection; or
(3) The underground storage tank is located at a facility which is not
staffed on a daily basis.
(e) Non-visual monitoring shall be implemented for all portions of the
underground storage tank which are exempt under subsection (d) and, for
the underground storage tank, during periods when visual monitoring re-
quired under subsection (d) is not conducted. This non-visual monitor-
ing shall include a quantitative release detection method as specified in
section 2643 or a qualitative release detection method as specified in sec-
tion 2644 or a combination of these methods as approved by the local
agency.
(f) Non-visual monitoiing for underground pressurized piping shall
include a quantitative release detection method that complies with the
performance requirements in section 2643(c)(1).
(g) The monitoring program shall be approved by the local agency and
shall be in compliance with the requirements of this article and with the
underground storage tank operating permit. The local agency may re-
quire additional monitoring methods specified in the operating permit or
more frequent monitoring as necessary to satisfy the objective in subsec-
tion (a). In deciding whether to approve a proposed monitoring program,
or to require additional methods or more frequent monitoring, the local
agency shall consider the following factors:
(1) The volume and physical and chemical characteristics of the haz-
ardous substance(s) stored in the underground storage tank;
(2) The compatibility of the stored hazardous substance(s) and any
chemical reaction product(s) with the function of monitoring equipment
or devices;
(3) The reliability and consistency of the proposed monitoiing equip-
ment and systems under site-specific conditions;
(4) The depth and quantity of ground water and the direction of ground
water flow;
(5) The patterns of precipitation in the region and any grour d water re-
charge which occurs as a result of precipitation;
(6) The existing quality of ground water in the area, including other
sources of contamination and their cumulative impacts;
Page 132
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§2642
(7) The current and potential future uses (e.g., domestic, municipal,
agricultural, industrial supply) of ground water in the area;
(8) The proximity and withdrawal rates of ground water users in the
area;
(9) The type, homogeneity, and range of moisture content of the back-
fill material and native soils and their probable effects on contaminant
migration and detection;
(10) The presence of contamination in the excavation zone or sur-
rounding soils;
(11) The proximity of the underground storage tank to surface waters;
and
(12) Additional hydrogeologic characteristics of the zone surrounding
the underground storage tank.
(h) The monitoring program shall include written monitoring proce-
dures and a response plan as set forth in section 2632(d).
(i) If the local agency does not approve the monitoring program, the
owner or operator shall replace, repair, upgrade, or close the tank in ac-
cordance with the applicable provisions of this chapter and local agency
approval.
(j) Equipment and devices used to monitor underground storage tanks
shall be installed, calibrated, operated, and maintained in accordance
with section 2638.
(k) When an unauthorized release is indicated during the installation
of a release detection system, the owner or operator shall comply with the
release reporting requirements of Article 5 and, if the release came from
the existing tank, shall cease the installation process until the tank system
is replaced, repaired, upgraded, or closed in accordance with the applica-
ble provisions of this chapter.
(/) When implementation of the monitoring program, or any condition.
indicates that an unauthorized release may have occurred, the owner or
operator shall comply with the release reporting requirements of Article
5 and shall replace, repair, or close the underground storage tank in accor-
dance with the applicable provisions of this chapter.
NOTE: Authoi-ity cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25283, 25284.1, 25291 and 25292. Health and Safety Code;
40 CFR 280.40 and 280.41.
History
1 . Editorial correction of printing errors in Tables 4. 1 and 4.2 (Register 86. No. 23).
2. Change without regulatory effect of Table 4.1 (Register 86, No. 40).
3. Repealer and new section fded 8-9-91 as an emergency; operative 8-9-91.
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
4. Editorial correction of printing errors in History 3 (Register 92, No. 43).
5. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
6. Amendment of subsection (j) and amendment of NoTi-; filed 5-14-2001 ; opera-
tive 5-14-2001 pursuant to Government Code section 1 1343.4 (Register 2001 ,
No. 20).
7. Amendment of subsections (j) filed 4-8-2004; operative 5-8-2004 (Register
2004, No. 15).
§ 2642. Visual Monitoring.
(a) An owner or operator who is required pursuant to section 2641(d)
to implement a visual monitoring program shall comply with all of the
following requirements:
(1) All visible exterior surfaces of an underground storage tank, in-
cluding any visible horizontal surface directly beneath the underground
storage tank, shall be inspected at least daily by direct viewing. The in-
spection schedule shall be established so that some inspections are con-
ducted when the substance in the underground storage tank is at its high-
est level;
[The next page is 133.]
Page 132.1
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§2643
(2) A written statement of the routine monitoring procedure shall be
available at the facility and the record shall include the frequency of visu-
al inspections, the location(s) from which inspections will be made, the
name(s) and title(s) of the person(s) responsible for inspections, and the
reporting format:
(3) Written records shall be maintained according to section 2712 of
Article 10 and shall specify the liquid level in the underground storage
tank at the time of each inspection. These records shall also include a de-
scription of any sampling, analyses, and testing procedures conducted to
satisfy subsection (b) of this section, including any minimum levels of
detection used.
(b) If any liquid is observed around or beneath the underground stor-
age tank system, the owner or operator shall determine if an unauthorized
release has occurred. An underground storage tank integrity test shall be
conducted, if necessary, to determine whether the underground storage
tank system is leaking. If a leak is confirmed, the owner or operator shall
comply with the release reporting requirements in Article 5 and shall re-
place, repair, upgrade, or close the tank in accordance with the applicable
provisions of this chapter.
(c) Visual monitoring of the exposed portion of a partially concealed
underground storage tank shall not relieve an owner or operator from
monitoring the concealed portion of the tank using a non-visual monitor-
ing method as specified in section 264 1 .
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25292 and 25293, Health and Safety Code.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction renumbering Histories (Register 99, No. 7).
§ 2643. Non-Visual Monitoring/Quantitative Release
Detection Methods.
(a) Non-visual quantitative release detection methods shall comply
with the requirements of this section. Subsection (b) contains monitoring
requirements for underground storage tanks; subsection (c) for pressur-
ized piping; subsection (d) for suction piping; and subsection (e) for gra-
vity-flow piping. Examples of release detection methods that may be
used to meet the requirements of this section are in Appendix III.
(b) Quantitative release detection method used to monitor under-
ground storage tanks shall be conducted according to one of the methods
listed in subdivisions (1) through (5) below. These quantitative monitor-
ing methods shall meet the requirements of section 2643(f) and shall be
capable of detecting release rates specified in this section with at least a
95 percent probability of detection and not more than a 5 percent proba-
bility of false alarm.
( 1 ) Automatic tank gauge -
The automatic tank gauge shall test the tank at least once per month
after product delivery or when the tank is filled to within 10 percent of
the highest operating level during the previous month and shall be capa-
ble of detecting a release of 0.2 gallon per hour. The automatic tank gauge
shall generate a hard copy of all data reported including time and date,
tank identification, fuel depth, water depth, temperature, Uquid volume,
and the duration of the test. Automatic tank gauge systems installed on
or after January 1 , 1 995 , shall also generate a hard copy of the calculated
leak rate and leak threshold.
(2) Automatic tank gauge plus manual inventory reconciliation -
The automatic tank gauge shall test the tank at least once per month
when the product level in the tank is at least three feet and shall be capable
of detecting a release of 0. 1 gallon per hour. The automatic tank gauge
shall generate hard copies of data as specified in subdivision (b)(1)
above. In addition, manual inventory reconciliation shall be conducted
in accordance with section 2646 (except for subsection [b]).
(3) Statistical inventory reconciliation plus tank integrity testing -
Statistical inventory reconciliation shall be conducted at least once per
month in accordance with section 2646.1 and shall be capable of detect-
ing a release of 0.2 gallon per hour. In addition, a tank integrity test shall
be conducted once every two years in accordance with section 2643.1.
(4) Manual inventory reconciliation plus tank integrity testing -
Manual inventory reconciliation shall be conducted at least once per
month in accordance with section 2646 and shall be capable of detecting
a release of 1 .0 gallon per hour. In addition, a tank integrity lest shall be
conducted once per year in accordance with section 2643.1.
(5) Other test methods -
Other equivalent test methods may be used following review by the
State Water Board for compliance with this section and section 2643(f).
(c) Piping that conveys hazardous substances under pressure shall be
monitored in accordance with subdivision (c)(1), and either subdivision
(2) or (3).
( 1 ) Monitoring shall be conducted at least hourly at any pressure. The
monitoring method shall be capable ofdetecting a release equivalent to
3.0 gallons per hour defined at 10 pounds per square inch pressure within
one hour of its occurrence with at least a 95 percent probability of detec-
tion and not more than a 5 percent probability of false alarm. The leak
detection method shall restrict or shut off the flow of product through the
piping or trigger a visual and audible alarm if an unauthorized release oc-
curs. If the use of piping is intermittent, leak detection monitoring is re-
quired only at the beginning or end of the period during which the piping
is under pressure, but in any event there shall not be more than one hour
between the time the equipment initiates the test and detection of an un-
authorized release; and
(2) Monitoring shall be conducted at least monthly at any pressure.
The monitoring method shall be capable of detecting a minimuin release
equivalent to 0.2 gallon per hour defined at normal operating pressure;
or,
(3) Monitoring shall be conducted at least annually (once per calendar
year) at a pressure designated by the equipment manufacturer. The moni-
toring method shall be capable ofdetecting a minimum release equiva-
lent to 0. 1 gallon per hour defined at 1 50 percent (one and one half times)
the normal operating pressure.
(d) Piping that conveys hazardous substances under less than atmo-
spheric pressure (suction piping) shall be tested at least every three years
at a pressure designated by the test equipment manufacturer. The test
method shall by capable ofdetecting a minimum release equivalent to 0. 1
gallon per hour defined at a minimum of 40 psi with at least a 95 percent
probability of detection and not more than a 5 percent probability of false
alarm. If the piping cannot be isolated from the tank for testing purposes,
the piping shall be tested using an overfilled volumetric tank integrity test
or other test method meeting the requirements of section 2643(f) if ap-
proved by the local agency. Daily monitoring shall be performed as de-
scribed in Appendix II except for emergency generator systems, which
may be monitored less often, but at least monthly. Written records de-
scribing the results of the monitoring shall be maintained in accordance
with section 2712(b).
(e) Piping that conveys hazardous substances by the force of gravity
(excluding vertical drops) shall be monitored at least once every two
years at a pressure designated by the test equipment manufacturer. The
method shall be capable ofdetecting a minimum release equivalent to 0. 1
gallon per hour defined at 40 psi. If the piping cannot be isolated from the
tank for testing purposes, the piping shall be tested using an overfilled
volumetric tank integrity test or other test method meeting the require-
ments of section 2643(f) if approved by the local agency.
(f) Each quantitative release detection method, with the exception of
manual inventory reconciliation and manual tank gauging, shall be certi-
fied to comply with the performance standard(s) specified in this section
and shall be subject to limitations specified in the certification. This certi-
fication shall be obtained by the equipment manufacturer following one
of the evaluation procedures in subdivisions (1) through (3) below.
Page 133
Register 2004, No. 15; 4-9-2004
§ 2643.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
( 1 ) An independent third party testing laboratory shall evaluate and ap-
prove the method using the appropriate "EPA Standard Test Procedure"
for leak detection equipment in Appendix IV; or,
(2) An independent third party testing laboratory shall evaluate and ap-
prove the method using a voluntary consensus standard that is intended
for the method being evaluated; or,
(3) An independent third party testing laboratory shall evaluate and ap-
prove the method using a procedure deemed equivalent to an EPA proce-
dure. Any resultant certification shall include a statement by the associ-
ation or laboratory that the conditions under which the test was conducted
were at least as rigorous as those used in the EPA standard test procedure.
This certification shall include statements that:
(A) The method was tested under various conditions that simulate in-
terferences likely to be encountered in actual field conditions (no fewer
nor less rigorous than the environmental conditions used in the corre-
sponding EPA test procedure);
(B) Each condition under which the method was tested was varied over
a range expected to be encountered in 75 percent of the normal test cases;
(C) All portions of the equipment or method evaluated received the
same evaluation;
(D) The amount of data collected and the statistical analysis are at least
as extensive and rigorous as the data collected and statistical analysis
used in the corresponding EPA test procedure and are sufficient to draw
reasonable conclusions about the equipment or method being evaluated;
(E) The full-sized version of the leak detection equipment was physi-
cally tested; and
(F) The experimental conditions under which the evaluation was per-
formed and the conditions under which the method was recommended
for use have been fully disclosed and that the evaluation was not based
solely on theory or calculation.
(4) The evaluation results referred to in subsections (f)(2) and (f)(3)
shall contain the same information and shall be reported following the
same general format as the EPA standard results sheet as any correspond-
ing EPA test procedure.
(g) The underground storage tank owner or operator shall notify the
local agency 48 hours before conducting a tank or piping integrity test
unless the notification requirement is waived by the local agency. Within
30 calendar days of completion of an underground storage tank or piping
integrity test, the tank owner or operator shall provide the local agency
with a report. The results of any underground storage tank tests, other
than those required by this article, performed on the underground storage
tank or piping to detect an unauthorized release shall be reported by the
owner or operator to the local agency within 30 calendar days of comple-
tion of the test. The report shall be presented in written and/or tabular for-
mat, as appropriate, and shall be at a level of detail appropriate for the re-
lease detection method used.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292, Health and Safety Code; 40 CFR 280.40-280.45.
History
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91.
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Editorial correction renumbering Histories (Register 99, No. 7).
§ 2643.1 . Tank Integrity Testing Requirements.
Tank integrity testing shall meet the requirements of section 2643(f)
and shall be conducted using one of the two methods in subsections (a)
or (b) below. Tank integrity test methods shall account for the effects of
thermal expansion or contraction of the product, vapor pockets, tank de-
formation, evaporation or condensation, and the presence of water in the
backfill:
(a) A volumetric tank integrity test shall be capable of detecting a re-
lease of 0. 1 gallon per hour from any portion of the tank when the tank
is at least 65% full of product or at any product level if the product-filled
portion of the tank is tested under pressure equivalent to that of a full tank.
If any volumetric tank integrity test is conducted at a product level lower
than the overfill protection device set point, a test meeting (he require-
ments of subsection (b) must be used to test the ullage portion of the tank,
(b) A nonvolumetric tank integrity test shall be capable cf detecting
a release of 0. 1 gallon per hour from any portion of the tank at any product
level.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Secdon 25292, Health and Safety Code; and 40 CFR 280.40-280.45.
History
1 . New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
2. Editorial correction of History 1 (Register 2000, No. 31).
§ 2644. Non-Visual Monitoring/Qualitative Release
Detection Methods.
(a) An owner or operator who is required, pursuant to section 2641 , to
establish a non-visual monitoring program, shall comply with the re-
quirements of this section if a qualitative release detection method is
used. Each qualitative release detection method, including interstitial
monitors, shall have an independent third-party evaluation to certify ac-
curacy and response Ume of the detection method in accordance with
procedures in Appendix IV. Examples of qualitative releas(J detection
methods that may be used are in Appendix III.
(b) If vadose zone monitoring is used as a release detection method,
it shall be conducted in accordance with section 2647.
(c) If ground water monitoring is used as a release detection method,
it shall be conducted in accordance with section 2648.
(d) A qualitative release detection method which includes tie installa-
tion of monitoring wells or drilling other borings shall comply with in-
stallation, construction, and sampling and analysis procedures in section
2649.
(e) Underground pressurized piping that is monitored at least monthly
by a non-visual qualitative release detection method satisfies the annual
tightness test requirement of section 25292(e) of the Health and Safety
Code.
NOTE; Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
History
1. Renumbering and amendment of fonner section 2644 to section 2646 and new
section filed 8-9-9 1 as an emergency; operative 8-9-9 1 . Text remi.ins in effect
uninterrupted pursuant to Health and Safety Code section 25299.7 ( Register 92,
No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, r4o. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14;.
§ 2644.1 . Enhanced Leak Detection.
(a) An owner or operator who is required, pursuant to section 2640(e),
to implement a program of enhanced leak detection or monitDring shall
comply with the requirements of this section as follows:
( 1 ) Enhanced leak detection means a test method that ascertains the in-
tegrity of an underground tank system by introduction, and external
detection, of a substance that is not a component of the fuel formulation
that is stored in the tank system.
(2) The enhanced leak detection test method shall be third ])arty certi-
fied, in accordance with section 2643(f), for the capability oF detecting
both vapor and liquid phase releases from the underground storage tank
system. The enhanced leak detection test method shall be capable of de-
tecfing a leak rate of at least 0.005 gph, with a probability of detection of
at least 95% and a probability of false alarm no greater than 5%.
(3) Owners and operators subject to the requirements of this section
shall have a program of enhanced leak detection reviewed and approved
by the local agency within 6 months following notification bj' the board
The enhanced leak detection shall be implemented no later than 18
months following receipt of notification from the board and repeated ev-
ery 36 months thereafter.
(4) Owners and operators of underground storage tanks subject to the
requirements of this section must notify the local agency at least 48 hours
prior to conducting the enhanced leak detection test unless this notifica-
tion requirement is waived by the local agency.
(5) Owners and operators of underground storage tanks subject to the
requirements of this section shall submit a copy of the enhitnced leak
Page 134
Register 2004, No. 15:; 4-9-2004
Title 23
State Water Resources Control Board
§2645
detection test report to the board and the local agency within 60 days of
completion of the test.
NoTK: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section.s 25283, 25291, 25292 and 25292.4, Health and Safety Code;
and 40 CFR 280.40 and 280.41.
History
1. New section filed 5-14-2001; operative 5-14-2001 pursuant to Government
Code section 1 1.343.4 (Register 2001, No. 20).
§ 2645. Manual Tank Gauging and Testing for Small Tanks.
(a) Manual tank gauging may be used as part of a non-visual monitor-
ing program for existing underground storage tanks which have a total
system capacity of 2,000 gallons or less and which can be taken out of
service for at least 48 or 72 continuous hours each week as indicated in
Table 4.1.
(b) Manual tank gauging shall be conducted weekly in accordance
with subsection (d). Piping testing shall be conducted in accordance with
section 2643(c), (d), or (e). Tanks with a capacity of 1 ,001 to and includ-
ing 2,000 gallons shall also receive a tank integrity test each year. Tanks
with a capacity of 55 1 to and including 1 ,000 gallons shall also have an
annual tank integrity test unless the gauging period is 60 hours or more.
Requirements of section 2643(b) do not apply to tanks which are moni-
tored in accordance with this section.
(c) Manual tank gauging shall not be used on tanks with secondary
containment and shall not be used as a leak detection method after De-
cember 22, 1998, for underground storage tanks with a capacity greater
than 1,000 gallons.
(d) Owners or operators of existing underground storage tanks who
use manual tank gauging as part of a non-visual monitoring program
shall conduct weekly gauging according to the following specifications:
( 1 ) Tank liquid level measurements shall be taken at the beginning and
end of a gauging period which shall be at least 36 or 60 continuous hours
as set forth in Table 4. 1 during which no liquid is added to or remo\ cd
from the tank. The underground storage tank shall be secured to prevent
inputs or withdrawals during the gauging period. No product shall be
added to the tank within the 1 2-hour period preceeding the gauging peri-
od. The liquid level measurements shall be based on an average of two
consecutive stick readings at both the beginning and end of the gauging
period; and,
(2) The equipment used shall be capable of measuring the level of the
product over the full range of the tank's height to the nearest one-eighth
of an inch; and,
(3) If the variation between beginning and ending measurements ex-
ceeds the weekly or monthly standards set forth in Table 4. 1 , a second
36-hour or 60-hour test shall begin immediately and all measurements
and calculations checked for possible errors. If the second test confirms
a variation which exceeds the weekly or monthly standards in Table 4. 1 ,
a tank integrity test shall be conducted within 72 hours of completion of
the second test. The local agency may extend this 72-hour period up to
30 calendar days, if all contents of the underground storage tank are safe-
ly and properly removed within the 72-hour period.
(e) If the results of a tank integrity test confirm an unauthorized re-
lease, the owner or operator shall comply with the release reporting re-
quirements of Article 5 and shall replace, repair, upgrade, or close the un-
[The next page is 141.]
Page 135
Register 2004, No. 15; 4-9-2004
Title 23
State Water Resources Control Board
§2646
derground storage tank in accordance with the applicable provisions of
tliis chapter.
Table 4.1
Manual Tank Gauging Measurement Standards
Weekly
Monthly
Testin;^
Total Time
Standard
Standard
Period
Out ofSerx'ice
Tank Size
One Test
Average of
*(hours)
(hours)
(in Gallons)
(Gallons)
4 tests
(Gallons)
550 or less
10
5
36
48
55 1 to and
including 1,000
12
6
60
72
-*551 toand
including 1,000
13
7
36
48
-* 1,001 to and
including 2,000
26
13
60
72
* The tank must be taken out of service at least 1 2 hours before the test (gauging)
period begins.
** An annual tank integrity test is required.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25292 and 25293, Health and Safety Code; 40 CFR 280.43.
History
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91.
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text, table 4. 1 and Note filed 4-5-94; operative
5-5-94 (Register 94, No. 14).
4. Editorial correction of Table 4.1 (Register 95, No. 43).
§ 2646. Manual Inventory Reconciliation.
(a) Manual inventory reconciliation may be used as part of a non-visu-
al monitoring program set forth in section 2643(b)(4) for existing under-
ground storage tanks which contain motor vehicle fuels.
(b) After January 1 , 1 993, manual inventory reconciliation shall not be
used to comply with the requirements of this article where the existing
ground water level or the highest anticipated ground water level is less
than 20 feet below the bottom of the tank. The ground water level shall
be determined in accordance with the requirements of section 2649(c).
After December 22, 1998, manual inventory reconciliation shall not be
used to satisfy underground storage tank monitoring requirements.
(c) Each underground storage tank shall be individually monitored us-
ing a method that incorporates the following procedures:
( 1 ) Separate daily measurements shall be taken and recorded for both
the motor vehicle fuel and any water layer. For the purpose of this section,
"daily" means at least every day that motor vehicle fuel is added to or
withdrawn from the tank, but no less than five days per week. The num-
ber of days may be reduced by the number of public holidays that occur
during the week if there is no input to or withdrawal from the tank on the
holiday. Local agencies may reduce the frequency of monitoring to not
less than once every three days at facilities that are not staffed on a regular
basis, provided that the monitoring is performed every day the facility is
staffed. Measurements shall be:
(A) taken when no substance is being added to or withdrawn from the
tank;
(B) performed by the owner, operator, or other designated persons
who have had appropriate training;
(C) based on the average of two readings if dipstick or tape measure-
ments are used.
(D) determined by equipment capable of measuring the level of the
product over the full range of the tank's height to the nearest one-eighth
of an inch. If a dipstick is used to determine the product level, a substance
capable of rendering the readings legible shall be applied to the dipstick
before use, if necessary to obtain accurate readings;
(E) determined by equipment capable of measuring, to the nearest
one-eighth of an inch, water present in the bottom of the tank. If a dip-
stick is used, water-finding paste shall be applied to the dipstick. If the
tank is not level, and the measurements are taken manually, the measure-
ments shall be taken at the lowest end of the tank.
(F) measured at the center of the longitudinal axis of the tank if access
is available or measured at the lowest end of the tank with a calibration
measurement at both ends, if possible, to determine if any tank tilt exists,
and. if so, its magnitude; and
(G) converted to volume measurements based on a calibration chart
for the tank. This chart shall, where feasible, take into account the actual
tilt of the tank.
(2) Daily readings shall be taken for input and withdrawals. The
amount of product inputs indicated by delivery receipt shall be compared
with measurement of the tank inventory volume before and after deliv-
ery. Product input shall be determined by a method that introduces the
least amount of error in the monthly inventory reconciliation calcula-
tions. Underground storage tanks that are connected by a manifold may
require time for the level to stabilize before a measurement is taken. Prod-
uct shall be delivered to the tank through a drop tube that extends to with-
in 12 inches of the bottom of the tank.
(d) The daily variation shall be the difference between the physically
measured inventory in storage and the calculated inventory in storage.
The physically measured inventory shall be measured daily by taking a
Hquid level measurement and converting it to gallons using a calibration
chart. The calculated inventory shall be determined daily by adding the
amount of product added to the tank and subtracting the withdrawals
from the inventory measured on the previous day. These variations shall
be algebraically summed for a period of one month. If the absolute value
of the monthly variations exceeds a variation of 1 .0 percent of the total
monthly input to or withdrawals from the tank plus 1 30 gallons, the varia-
tion shall be investigated in accordance with subsection (e).
(e) If the monthly manual inventory reconciliation exceeds the allow-
able variation, the owner or operator shall:
(1) within 24 hours of completing inventory reconciliation which ex-
ceeds the allowable variation, notify the local agency of the suspected un-
authorized release;
(2) within 24 hours of discovering a variation which exceeds the al-
lowable variation, review the inventory records for the preceding 30 days
to determine if an error in calculations was made. If investigation shows
that an error in calculations was made and that variations have not been
exceeded, no further steps need to be taken;
(3) within 24 hours of discovering a variation which exceeds an allow-
able variation, have all readily accessible facilities carefully inspected
for leakage by appropriately trained persons. If an unauthorized release
is detected, the owner or operator shall comply with the requirements of
Article 5. If no unauthorized release is detected, the owner or operator
shall continue with the following steps:
(4) have dispenser meters, which determine the amount of product
withdrawn from the tank, checked and recaHbration, if necessary, within
24 hours of completing the procedure required in subdivision (3) above.
Dispenser meters shall comply with California Code of Regulations,
Title 4, Division 9, "Division of Measurement Standards, Department of
Food and Agriculture." Meters shall be inspected by the County Depart-
ment of Weights and Measures or a device repairman as defined in the
California Business and Professions Code, Division 5, Chapter 5.5. This
subdivision applies to all meters used for determining withdrawals, in-
cluding those at non-retail facilities;
(5) continue to conduct inventory reconciliation according to the re-
quirements of this section. If a second 30-day period of data confirms the
initial results, the owner or operator shall comply with the requirements
of Article 5; and
(6) conduct additional tests or investigations as required by the local
agency and, if applicable, replace, repair, upgrade, or close the tank in ac-
cordance with the applicable provisions of this chapter.
(f) Whenever any of the steps in subsection (e) of this section are per-
formed, the results shall be documented in the monitoring record required
under section 2712. If completion of any of the steps in subsecdon (e) in-
Page 141
Register 95, No. 43; 10-27-95
§ 2646.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
dicates that the apparent excessive variation is not due to a release or tank
failure, the remainder of the steps need not be completed.
(g) On an annual basis, the owner or operator shall submit a written
statement to the local agency verifying under penalty of perjury that all
monthly reports were summarized and that all data are within allowable
variations. If data exceeded allowable variations, the owner or operator
shall provide the local agency with a list of times, dates, and correspond-
ing variations which exceeded allowable variations. This information
shall be signed by the owner or operator under penalty of perjury.
(h) The transfer of hazardous substances into and out of the under-
ground storage tank may continue while the steps in subsection (e) are
being implemented, provided the steps are completed within the speci-
fied periods. Daily inventory readings and monthly reconciliation shall
continue while the steps are being implemented.
(i) Dispenser meters which determines the amount of product with-
drawn from the tank shall comply with the provisions of Title 4, Division
9, "Division of Measurement Standards, Department of Agriculture."
Meters shall be inspected and recalibrated by the County Department of
Weights and Measures or a device repairman as defined in Division 5,
Chapter 5.5 of the Business and Professions Code.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25291 and 25292, Health and Safety Code; 40 CFR 280.43.
History
1. Renumbering and amendment of former section 2644 to section 2646 and re-
pealer of former section 2646 filed 8-9-9 1 as an emergency; operative 8-9-9 1 .
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
§ 2646.1. Statistical Inventory Reconciliation.
(a) When approved by the local agency, statistical inventory reconcili-
ation may be used as part of a non-visual monitoring program, set forth
in section 2643(b)(3), for existing underground storage tanks which con-
tain motor vehicle fuel.
(b) Each underground storage tank shall be individually monitored us-
ing a method prescribed by section 2646(c).
(c) On a monthly basis, the tank owner must provide the minimum
number of data records to the statistical inventory reconciliation provider
as required by that provider. The previous month's data may be included
with the current month's data to total the minimum number of records
necessary to complete the statistical inventory reconciliation. Data sub-
missions to the statistical inventory reconciliation provider and subse-
quent receipt of reports from the provider shall be completed monthly
within 20 calendar days of the end of the data collection period. To give
the owner or operator an opportunity to become proficient in the use of
statistical inventory reconciliation, the requirements in subsection (d) do
not apply if any of the first three reports are inconclusive. The owner or
operator shall inform the local agency of the results of the first three re-
ports, regardless of the results.
(d) If the results of a report are inconclusive or indicate a possible un-
authorized release, the owner or operator shall, within 24 hours of receipt
of the report:
(1) notify the local agency of the possible unauthorized release, and
within 10 calendar days, submit a copy of the report to the local agency.
The local agency may allow up to 10 additional calendar days in which
to submit the report;
(2) inspect the inventory records for errors to determine if data were
collected properly;
(3) have all accessible portions of the underground storage tank sys-
tem inspected for leakage by appropriately trained persons. If an unau-
thorized release is detected, the owner or operator shall comply with the
requirements of Article 5. If no unauthorized release is detected, the own-
er or operator shall continue with the steps in subdivision (4) below:
(4) have dispenser meters, which determine the amount of product
withdrawn from the tank, checked and recalibrated if necessary within
48 hours of receipt of the report. Meters shall be recalibrated by the
County Department of Weights and Measures or a device repair person
as defined in the California Business and Professions Code, Division 5,
Chapter 5.5. This subdivision applies to all meters used for determining
withdrawals, including those at non-retail facilities. Disperiser meters
shall comply with CaHfomia Code of Regulations, Title 4, IDivision 9,
"Division of Measurement Standards, Department of Food and Agricul-
ture."
(e) Daily readings shall continue to be taken and recorded during the
investigation specified in subsection (d) above. If the second statistical
inventory reconciliation report does not indicate a tight system, the own-
er or operator shall comply with the release reporting requirerrents of Ar-
ticle 5.
(f) The owner or operator who reports a suspected release in accor-
dance with subsection (e) above shall conduct additional tests or investi-
gations as required by the local agency and, if necessary, replace, repair,
upgrade, or close the tank in accordance with the applicable provisions
of this chapter.
(g) A tank integrity test meeting the requirements of section 2643.1 is
also required every two years when statistical inventory reconciliation is
used. The first tank integrity test shall be conducted within the first year
of implementation of a monitoring program which includes statistical in-
ventory reconciliation.
(h) The owner or operation shall conduct a piping tightness test and,
if necessary, a tank integrity test within 15 calendar days of receipt of two
successive reports which are inconclusive or which indicate a possible
unauthorized release. The local agency may also require a piping tight-
ness test and, if necessary, a tank integrity test if frequent inconclusive
results are reported.
(i) Piping connected to a tank which is monitored using statistical in-
ventory reconciliation shall be tested in accordance with section 2643(c),
(d), or (e).
(j) On an annual basis, the owner or operator shall submit a written
statement to the local agency which indicates the results from the statisti-
cal inventory reconciliation reports for the previous 12 months.
(k) Dispenser meters which determine the amount of product with-
drawn from the tank shall comply with the provisions of Title 4, Division
9, "Division of Measurement Standards, Department of Agriculture."
Meters shall be inspected and recalibrated by the County Department of
Weights and Measures or a device repair person as defined in Division
5, Chapter 5.5 of the Business and Professions Code.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25291 and 25292, Health and Safety Code; and 40 CFR
280.43.
History
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14 1.
§ 2647. Vadose Zone Monitoring Requirements.
(a) Owners or operators of existing underground storage tanks who
use vadose zone monitoring as part of a non-visual monitoring program
shall comply with the requirements of this section. Vapor monitoring,
soil-pore liquid monitoring, or a combination of these or other vadose
zone monitoring methods may be used.
(b) Vadose zone monitoring shall not be used as the sole release detec-
tion method of non-visual monitoring where the monitoring well cannot
be located within the backfill surrounding the tank, or where the existing
ground water level or the highest anticipated ground water level, includ-
ing intermittent perched ground water, is less than ten feet below the bot-
tom of the tank. Ground water levels shall be determined in accordance
with section 2649(c).
(c) Vadose zone vapor monitoring shall be conducted continuously.
Other vadose zone monitoring shall be conducted at least weekly. All
manual sampling in the vadose zone shall be conducted in accordance
with section 2649(g).
(d) The number, location, and depths of vadose zone monitoring points
shall be selected to achieve the objective specified in secticn 2641(a).
Where possible, monitoring points shall be located within the excavation
Page 142
Register 95, No. 43; 10-27-95
Title 23
State Water Resources Control Board
5} 2649
backfill surrounding the underground storage tank. The owner or opera-
tor shall determine the exact location of the underground storage tank and
associated piping before attempting to install monitoring wells and/or de-
vices pursuant to local agency approved.
(e) Vadose zone vapor monitoring shall comply with the following
minimum requirements:
( 1 ) The vapor characteristics of the stored product, or a tracer com-
pound placed in the underground storage tank system, shall be sufficient-
ly volatile to result in a vapor level that is detectable by the monitoring
devices;
(2) Backfill materials and soils surrounding monitoring points shall be
sufficiently porous to readily allow diffusion of vapors;
(3) The level of background contamination in the excavation zone and
surrounding soils shall not interfere with the method used to delect re-
leases from the underground storage tank;
(4) The monitoring devices shall be designed and operated to detect
any significant increase in concentration above the background of the
hazardous substance stored in the underground storage tank, a compo-
nent or components of that substance, or a tracer compound placed in the
tank system;
(5) The location and depth of each monitoring point shall be placed ac-
cording to the most probable movement of vapor through the backfill or
surrounding soil;
(6) Vapor monitoring wells located in the backfill shall be constructed
so that any unauthorized release that may pond at the horizontal interface
between the backfill and natural soils can be detected in the vapor well;
and
(7) All vapor monitoring wells shall be installed, constructed, and
sampled according to the requirements specified in sections 2649(b), (c),
(e) and (f).
(f) Soil-pore liquid monitoring and other forms of vadose zone moni-
toring shall comply with the following minimum requirements:
( 1 ) The stored substance shall be susceptible to detection by the pro-
posed release detection method;
(2) The stored substance shall not corrode or otherwise attack the ma-
terials from which the detection system is constructed or otherwise ren-
der the detection system inoperable or inaccurate; and
(3) Site-specific conditions (e.g., precipitation, ground water, soil-
moisture, background contamination) shall not interfere with the oper-
ability and accuracy of the release detection method.
(g) Compliance with the requirements of subsections (e) and (f) shall
be based on a site-assessment including assessment of the underground
storage tank excavation zone.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
History
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91.
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§ 2648. Ground Water Monitoring Requirements.
(a) Owners or operators of existing underground storage tanks who
use ground water monitoring as part of a non-visual monitoring program
shall comply with the requirements of this section. Ground water moni-
toring may be used in combination with other quantitative or qualitative
release detection methods or, where permissible under this section, as the
sole release detection method.
(b) Ground water monitoring may be used as the sole release detection
method of non-visual monitoring for existing underground tanks only
where all of the following conditions exist:
(1) The hazardous substance stored is immiscible with water and has
a specific gravity of less than one;
(2) Continuous monitoring devices or manual methods are used which
are capable of detecting the presence of at least one-eighth of an inch of
free product on top of the ground water in the monitoring wells. This ca-
pability shall be certified by an independent third party using an appropri-
ate evaluation procedure. Examples of acceptable evaluation prt)ccdures
are in Appendix IV;
(3) The existing ground water level or the highest anticipated ground
water level, including intermittent perched ground water, is less than 20
feet from the ground surface. These ground water levels shall he deter-
mined according to the requirements of section 2649(c);
(4) The hydraulic conductivity of the soil(s) between the underground
storage tank and the monitoring wells or devices is at least 0.01 cm/sec
(e.g., the soil consists of gravels, coarse to medium sands, or other perme-
able materials);
(3) The ground water proposed for monitoring has no present benefi-
cial uses (e.g., domestic, municipal, industrial, agricultural supply) or is
not hydraulically connected to ground or surface water which has actual
beneficial uses; and
(6) Monitoring wells or devices are located within the excavation /one
or as close to the excavation zone as feasible.
(c) Compliance with the conditions specified in subsection (b) shall be
based on a site-assessment, including assessment of the areas within and
immediately below the underground storage tank excavation /one. If
ground water monitoring is approved as the sole release detection meth-
od of a non-visual monitoring program, the number and location of the
monitoring wells and/or devices as approved by the local agency shall
also be based on this site-assessment with minimum requirements as fol-
lows:
(1) Single tank - two wells, one at each end of the tank.
(2) Two or three tanks - three wells equally spaced.
(3) Four or more tanks - four wells, at least two of which shall be
downgradient and the remainder equally spaced.
(4) Pipelines - additional wells, if needed, as determined by the local
agency.
(d) Ground water monitoring shall be conducted at least monthly or
continuously. Any continuous monitoring system shall be capable of de-
tecting the presence of hazardous substance on top of the ground water
in the monitoring well and shall allow periodic collection of samples.
Ground water samples shall be analyzed by visual observation or field or
laboratory analysis as approved by the local agency depending on the
method of monitoring and the constituents being evaluated. The local
agency may require periodic laboratory analysis where visual observa-
tion or field analysis does not provide an adequate degree of detection as
compared to that of laboratory analysis. Sampling conducted which re-
quires field or laboratory analysis shall comply with the minimum re-
quirements of section 2649(g).
(e) The number, locaUon, and depths of ground water monitoring wells
shall be selected to achieve the objective specified in section 2641(a).
Monitoring wells shall be located as close as possible to the underground
storage tank or the perimeter of the underground storage tank cluster,
subject to the review and approval of the local agency.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292, Health and Safety Code; 40 CFR 280.43.
History
1. Repealer and new section filed 8-9-91 as an emergency; operative 8-9-91.
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§ 2649. Well Construction and Sampling Requirements.
(a) Owners or operators who use a qualitative release detection method
shall comply with the requirements of this section and any applicable re-
quirements of sections 2644, 2647, and 2648.
(b) The installation of all monitoring wells and the drilling of all other
borings shall be in accordance with local permitting requirements or, in
their absence, with the following requirements:
(I) All monitoring wells and all other borings shall be logged during
drilling according to the following requirements:
(A) Soil shall be described in the geologic log according to the Unified
Soil Classification System as presented in Geotechnical Branch Training
Page 143
Register 95, No. 43; 10-27-95
§2649
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Manual Numbers 4, 5, and 6, published in January of 1986 (available
from the Bureau of Reclamation. Engineering and Research Center, At-
tention: Code D-7923-A, Post Office Box ^25007, Denver, Colorado
80225);
(B) Rock shall be described in the geologic log in a manner appropriate
for the purpose of the investigation;
(C) All wet zones above the water table shall be noted and accurately
logged. Where possible, the depth and thickness of saturated zones shall
be recorded in the geologic log; and
(D) Geologic logs shall be prepared by a professional geologist or civil
engineer, who is registered or certified by the Stale of California and who
is experienced in the use of the Unified Soil Classification System. The
geologic logs may also be prepared by a technician trained and experi-
enced in the use of the Unified Soil Classification System who is working
under the direct supervision of one of the aforementioned professionals,
provided that the professional reviews the logs and assumes responsibil-
ity for the accuracy and completeness of the logs.
(2) All drilling tools shall be thoroughly steam cleaned immediately
before each boring is started;
(3) All well casings, casing fittings, screens, and all other components
that are installed in a well shall be thoroughly cleaned before installation;
(4) Soil and water sampling equipment and materials used to construct
a monitoring well shall be compatible with the stored hazardous sub-
stance and shall not donate, capture, mask, or alter the constituents for
which analyses will be made. All perforated casings used in the construc-
tion of monitoring wells shall be factory perforated;
(5) Drilling fluid additives shall be limited to inorganic, non-hazar-
dous materials which conform to the requirements of subsection (b)(4).
All additives used shall be accurately recorded in the boring log;
(6) Representative samples of additives, cement, bentonite, and filter
media shall be retained for 90 calendar days for possible analysis for con-
taminating or interfering constituents;
(7) If evidence of contamination is detected by sight, smell, or field
analytical methods, drilling shall be halted until a responsible profession-
al determines if further drilling is advisable;
(8) All borings which are converted to vadose zone monitoring wells
shall have the porfion of the boring which is below the monitored interval
sealed with approved grout;
(9) All borings which are not used for ground water or vadose zone
monitoring shall be sealed from the ground surface to the bottom of the
boring with an approved grout. All slurry-type grouts used to seal an
abandoned boring or an abandoned well shall be emplaced by the tremie
method; and
(10) All monitoring wells shall be clearly marked and secured to avoid
unauthorized access and tampering. Surface seals may be required by the
local agency.
(c) When installing a vadose zone or ground water monitoring well,
the highest anticipated ground water level and existing ground water lev-
el shall be determined. Highest anticipated ground water levels shall be
determined by reviewing all available water level records for wells with-
in one mile of the site. Existing site ground water levels shall be estab-
lished either by reviewing all available water level measurements taken
within the last two years at all existing wells, within 500 feet of the under-
ground storage tank which are perforated in the zone of interest, or by
drilling at least one exploratory boring constructed as follows:
(1) The exploratory boring shall be drilled downgradient, if possible,
and as near as possible to the underground storage tank within the bound-
aries of the property encompassing the facility, but no further than ten
feet from the underground storage tank;
(2) The exploratory boring may be of any diameter capable of allowing
the detection of first ground water;
(3) The exploratory boring shall be drilled to first perennial ground
water, or to a minimum depth of 20 feet for vadose zone monitoring
wells, or to a minimum depth of 30 feet for ground water monitoring
wells if permitted by site lithology;
(4) If ground water is encountered, and ground water moniioring is the
monitoring method, the boring shall be converted to a ground water mon-
itoring well consistent with the provisions of this section; and
(5) If ground water is encountered, but ground water monitoring is not
the monitoring method, or if the exploratory boring does not encounter
ground water, the boring shall be sealed in accordance witfi the provi-
sions of subsection (b)(9).
(d) In addition to the requirements of subsection (b), all ground water
monitoring wells shall be designed and constructed according to the fol-
lowing minimum requirements:
(1 ) Ground water monitoring wells shall extend at least 20 feet below
the lowest anticipated ground water level and at least 15 feet below the
bottom level of the underground storage tank. However, wells shall not
extend through laterally extensive impermeable zones that are below the
water table and that are at least five feet thick. In these situations, the well
shall be terminated one to two feet into the impermeable zone;
(2) Ground water monitoring wells shall be designed and constructed
as filter packed wells that will prevent the migration of the natural soil
into the well and with factory perforated casing that is sized to prevent
migration of filter material into the well;
(3) Ground water monitoring well casings shall extend to the bottom
of the boring and shall be factory perforated from a point of one foot
above the bottom of the casing to an elevation which is either five feet
above the highest anficipated ground water level or to within three feet
of the bottom of the surface seal or to the ground surface, whichever is
the lowest elevadon;
(4) All well casings shall have a bottom cap or plug;
(5) Filter packs shall extend at least two feel above the top of the perfo-
rated zone except where the top two feet of the filter pack would provide
cross-connection between otherwise isolated zones or where the ground
surface is less than ten feet above the highest anticipated ground water
level, the local agency may reduce the height of the filter pack so long as
the filter pack extends at least to the top of the perforated zone. Under
such circumstances, additional precaufions shall be taken to prevent
plugging of the upper portion of the filter pack by the overlying sealing
material;
(6) Ground water monitoring wells shall be constructed with casings
having a minimum inside diameter of two inches and shall be installed
in a boring whose diameter is at least four inches greater than the outside
diameter of the casing;
(7) Ground water monitoring wells shall be sealed in accordance with
local permitting requirements or, in their absence, with the Department
of Water Resources Standards for Well Construcfion (Reference Bulle-
tins 74-81 and 74-90 on Water Well Standards are available from the
Department of Water Resources, Sacramento);
(8) Seventy-two or more hours following well construction, all
ground water monitoring wells shall be adequately developed and equi-
librium shall be established prior to any water sampling;
(9) Well heads shall be provided with a water-tight cap and shall be
enclosed in a surface security structure that protects the well from surface
water entry, accidental damage, unauthorized access, and vandalism.
Traffic lids shall be clearly marked as monitoring wells; and
(10) Pertinent well information including well identification, well
type, well depth, well casing diameters (if more than one size is used),
and perforated intervals shall be permanentiy affixed to the interior of the
surface security structure and the well identification number and well
type shall be affixed on the exterior of the surface security s:ructure.
(e) In addition to the requirements of subsection (b), all vadose zone
vapor monitoring wells shall be cased and sealed as follows:
(1) Well casings for vapor monitoring shall be fully perforated except
for the portion adjacent to a surface seal and that portion used as a free
liquid trap;
(2) Surface seals for vapor wells that are completed no mo-e than five
feet below the bottom of the underground storage tank and which are
Page 144
Register S5, No. 43; 10-27-95
Title 23
State Water Resources Control Board
^2650
above any free water zones may be required at the discretion of the local
agency on a site-specific basis;
(3) If surface seals for vapor wells are completed in or below a poten-
tial free water zone, the seal shall not extend below the top of the under-
ground storage tank; and
(4) Vapor wells need not be sealed against infiltration of surface water
if constaicted wholly within backfill that surrounds the underground
storage tank and which extends to the ground surface.
(f) Undisturbed (intact) soil samples shall be obtained from all borings
for the installation of monitoring wells and all other borings and analyzed
according to the following minimum requirements, unless the local
agency waives this requirement under this subsection:
( 1 ) Borings shall be drilled and sampled using accepted techniques
which do not introduce liquids into the boring and which will allow the
accurate detection of perched and saturated zone ground water. If this
cannot be accomplished using acceptable techniques, the requirement for
soil sampling may be waived by the local agency provided, however, that
installation of the vadose zone or ground water monitoring system shall
be completed; and provided further, that once below the water table, bor-
ings need not be advanced using the same method that was used in the
vadose zone;
(2) Soil samples shall be obtained at intervals of five feet or less and
at any significant change in lithology, beginning at the ground surface.
Sampling is not required in unweathered bedrock which has little on no
permeability;
(3) A soil sample shall be obtained at the termination depth of a dry
boring regardless of the spacing interval;
(4) Soil samples shall be of sufficient volume to perform the desig-
nated analyses including soil vapor and soil extract analyses and to pro-
vide any specified replicate analyses;
(5) Soil samples shall be acquired, prepared, preserved, stored, and
transported by methods that are appropriate for the objectives of the in-
vestigation which safeguard sample integrity and satisfy the require-
ments of subsection (g);
(6) Samples shall be analyzed in a State-certified laboratory by meth-
ods that provide quantitative or qualitative results. Lower detection limits
shall be verified by the laboratory;
(7) Samples shall be analyzed for one or more of the most persistent
constituents that have been stored in the underground storage tank. If the
use of the underground storage tank has historically changed, samples
shall be analyzed for at least one constituent from each period of use. If
the hazardous substance is known to degrade or transform to other con-
stituents in the soil environment, the analysis shall include these degrada-
tion and/or transformation constituents;
(8) If hazardous substances known or suspected to have been con-
tained in the underground storage tank are detected at concentrations in
excess of background concentrations (background concentrations shall
be applicable only if the constituent occurs naturally at the site), further
soil analysis is not necessary pursuant to this subsection. The hazardous
substance(s) shall be assumed to have originated from the underground
storage tank. In this situation, the remainder of the soil samples need not
be analyzed pursuant to these regulations and the owner or operator shall
comply with subdivision (9) below. A permit shall not be granted unless
further detailed investigation clearly establishes that the underground
storage tank is not the source of the hazardous substance or that it has
been properly repaired since the unauthorized release and that any subse-
quent unauthorized release from the underground storage tank can be de-
tected despite the presence of the hazardous substance already in the en-
vironment; and
(9) If soil analysis indicates that an unauthorized release has occurred,
the owner or operator shall comply with the release reporting require-
ments of Article 5 and shall replace, repair, upgrade, or close the under-
ground storage tank pursuant to the apphcable provisions of this chapter.
ig) The qualitative release detection method shall include consistent
sampling and analytical procedures, approved by the local agency, that
are designed to ensure that monitoring results provide a reliable indica-
tion of the quality of the medium (e.g., ground water, soil-pore liquid,
soil vapor, or soil) being monitored. Some acceptable procedures arc
listed as references in Appendix I, Table C. The owner or operator shall
provide a written detailed description, to be specified in the permit and
to be maintained as pait of the records required under section 27 1 2 of Ar-
ticle 10, of the procedures and techniques for:
( 1 ) Sample collection (e.g., purging techniques, water level, sampling
equipment, and decontamination of sampling equipment);
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain-of-custody control.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292, Health and Safety Code: 40 CFR 280.43.
History
1. New section filed 8-9-91 as an emergency: operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Heahh and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing enors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 5. Release Reporting and Initial
Abatement Requirements
§ 2650. Reporting and Recording Applicability.
(a) The requirements of this article apply to all owners or operators of
one or more underground storage tanks storing hazardous substances.
(b) The owner or operator shall record or report any unauthorized re-
lease from the underground storage tank, and any spill or overfill, in ac-
cordance with the appropriate sections of Chapter 6.7 of Division 20 of
the Health and Safety Code and this article.
(c) The owner or operator of an underground storage tank with second-
ary containment shall record any unauthorized release described in sec-
tion 25294 of the Health and Safety Code in accordance with section
2651.
(d) Owners or operators subject to the requirements of this article shall
report all spills and overfills in accordance with section 2652.
(e) The owner or operator of an underground storage tank shall report
to the local agency any unauthorized release described in sections 25295
and 25295.5 of the Health and Safety Code, and shall also record and re-
port any of the following conditions in accordance with section 2652:
(1) Any unauthorized release recorded or reported under subsections
(c) or (d) which the owner or operator is unable to clean up or which is
still under investigation within eight hours of detection;
(2) The discovery by the owner or operator, local agency, or others of
released hazardous substances at the site of the underground storage
tanks or in the surrounding area. This includes the presence of free prod-
uct or vapors in soils, basements, sewer and utility lines, and nearby sur-
face or drinking waters;
(3) Unusual operating conditions observed by the owner or operator
including erratic behavior of product dispensing equipment, the sudden
loss of product from the underground storage tank, or an unexplained
presence of water in the tank, unless system equipment is found to be de-
fective, but has not leaked, and is immediately repaired or replaced; and
(4) Monitoring results from a release detection method required under
Article 3 or Article 4 that indicate a release may have occurred, unless the
monitoring device is found to be defective, and is immediately repaired,
recalibrated or replaced, and additional monitoring does not confirm the
initial results.
(f) The reporting requirements of this article are in addition to any re-
porting requirements in section 13271 ofDivision 7 of the Cahfomia Wa-
ter Code and other laws and regulations.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25294, 29295 and 25295.5, Health and Safety Code; 40 CFR
280.52.
Page 145
Register 95, No. 43; 10-27-95
§2651
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1 . Amendment of article heading, section heading and section filed 8-9-91 as an
emergency; operative 8-9-9 1 . Text remains in effect uninterrupted pursuant to
Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94,
No. 14).
§ 2651. Recording Requirements for Unauthorized
Releases.
(a) Owners or operators required by section 2650 to record a release
or condition shall comply with the requirements of this section.
(b) The operator's monitoring records, as required under section 2712
of Article 10, shall include:
(1) The operator's name and telephone number;
(2) A list of the types, quantities, and concentrations of hazardous sub-
stances released;
(3) A description of the actions taken to control and clean up the re-
lease;
(4) Tlie method and location of disposal of the released hazardous sub-
stances (the monitoring record shall indicate whether a hazardous waste
manifest was or will be used);
(5) A description of the actions taken to repair the underground storage
tank and to prevent future releases. If this involves a change as described
in section 25286 of the Health and Safety Code, notification pursuant to
that section shall be made.
(6) A descripdon of the method used to reactivate the interstitial moni-
toring system after replacement or repair of the primary containment.
(c) The integrity of the secondary containment shall be reviewed for
possible deterioration under the following conditions:
( 1 ) Hazardous substance in contact with the secondary containment is
not compadble with the material used for secondary containment;
(2) The secondary containment is prone to mechanical damage from
the mechanical equipment used to remove or clean up the hazardous sub-
stance collected in the secondary containment; or
(3) Hazardous substances, other than those stored in the primary con-
tainment system, are added to the secondary containment to treat or neu-
tralize the released hazardous substance and the added substance or re-
sulting substance from such a combination is not compatible with the
secondary containment.
(d) If a recordable unauthorized release becomes a reportable unautho-
rized release due to initially unanticipated facts (e.g., secondary contain-
ment is breached due to deterioration), the release shall be reported pur-
suant to section 2652.
(e) Whenever the local agency reviews the operator's monitoring re-
ports and finds that one or more recordable unauthorized releases have
occurred, the local agency shall review the information included in the
monitoring records pursuant to subsection (a), shall review the permit,
and may inspect the underground storage tank pursuant to section 27 1 2
(e) and (f) of Article 10. If the local agency finds that the containment and
monitoring requirements of Articles 3 or 4 can no longer be met, the local
agency shall require the owner or operator to cease operation of the un-
derground storage tank system until appropriate modifications are made
to comply with the requirements of Articles 3 or 4, as appropriate.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25291, 25292, 25294 and 29295, Health and Safety Code; 40
CFR 280.52.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§ 2652. Reporting, Investigation and initial Response
Requirements for Unauthorized Releases.
(a) Owners or operators required under section 2650 to report a release
or condition, shall comply with the requirements of this section.
(b) Within 24 hours after an unauthorized release or condition has been
detected, or should have been detected, the owner or operator shall notify
the local agency and shall investigate the condition, and take immediate
measures to stop the release. If necessary, or if required by the local
agency, the owner or operator shall remove the remaining stored sub-
stance from the tank to prevent further releases to the environment or to
facilitate corrective action. If an emergency exists, the owner or operator
shall also notify the State Office of Emergency Services.
(c) Within five working days of detecting an unauthorized release, the
owner or operator shall submit to the local agency a full written report
which shall include but not limited to all of the following infcirmation to
the extent that the information is known at the time of fihng the report:
(1) Owner's or operator's name and telephone number;
(2) A list of the types, quantities, and concentrations of hazardous sub-
stances released;
(3) The approximate date of the release;
(4) The date on which the release was discovered;
(5) The date on which the release was stopped;
(6) A description of the actions taken to control and/or stop the release;
(7) A description of the corrective and remedial actions, including in-
vestigations which were undertaken and will be conducted to determine
the nature and extent of soil, ground water or surface water contamina-
tion due to the release;
(8) The method(s) of cleanup implemented to date, propos(id cleanup
actions, and a time schedule for implementing the proposed actions;
(9) The method and location of disposal of the released hazardous sub-
stance and any contaminated soils or ground water or surface water. Co-
pies of any completed hazardous waste manifests for off-sit{; transport
of these media shall be attached to the report;
( 1 0) A description of the proposed method(s) of repair or replacement
of the primary and secondary containment. If this involves a c:hange de-
scribed in section 25286 of the Health and Safety Code, notification pur-
suant to that section shall be made.
( 11 ) A description of additional actions taken to prevent future re-
leases.
(d) Until investigation and cleanup are complete, the owne:- or opera-
tor shall submit reports to the local agency or Regional Water Quality
Board, whichever agency is overseeing the cleanup, every three months
or more frequentiy as specified by the agency. Reports shall include but
not be limited to, an update of the required information in subsection (c),
and the results of all investigation monitoring or other corrective actions
which have occurred during the reporting period. Information required
by sections 2653 and 2654 shall be submitted as part of the periodic re-
port to the agency.
(e) The owner or operator shall conduct all necessary initial abatement
and site characterization actions as required by sections 2653 and 2654
and shall take additional corrective action as required by Article 11.
(f) If the test results from either an investigation conducted under sub-
section (e) or from other procedures approved by the agency, i'ail to con-
firm that there has been an unauthorized release from the underground
storage tank, no further investigation or corrective action is required.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Sifety Code.
Reference: Sections 25286, 25288 and 29295, Health and Safety Code; 40 CFR
280.52-280.53.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Texi; remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§ 2653. Initial Abatement Action Requirements.
(a) Owners or operators required to conduct initial abatement in accor-
dance with section 2652(e) shall comply with the following require-
ments:
(1) Remove as much of the hazardous substance from the underground
storage tank as necessary to prevent further release to the en\'ironment.
Page 146
Register 95, No. 43; 10-27-95
Title 23
State Water Resources Control Board
§2660
(2) Visually inspect any above ground releases or exposed below
ground releases and prevent further migration of the released substance
into surrounding soils and ground water.
(3) Continue to monitor and mitigate any additional fire and safety
hazards posed by vapors or free product that have migrated from the un-
derground storage tank excavation zone and entered into subsurface
structures, such as sewers or basements.
(4) Remedy hazards posed by contaminated soils that are excavated or
exposed as a result of release confirmation, site investigation, or abate-
ment activities. If these remedies include treatment or disposal of soils,
the owner or operator shall comply with appHcable State and local re-
quirements.
(5) Investigate to determine the possible presence of free product. If
free product is present, begin removal thereof in accordance with section
2655.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25295, Health and Safety Code; 40 CFR 280.61 and 280.62.
History
1. New section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninteiTiipted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92. No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
§ 2654. Initial Site Characterization Requirements.
(a) Owners or operators required to conduct initial site characteriza-
tion in accordance with section 2652(e), shall comply with the require-
ments of this section.
(b) The owner or operator shall promptly gather information about the
underground storage tank site and the nature of the unauthorized release,
including information obtained while confirming the release or complet-
ing initial abatement and free product removal. This information shall in-
clude, but is not limited to, the following:
( 1 ) Data on the nature and estimated quantity of release;
(2) Data from available sources and/or site investigations concerning
the surrounding populations, water quality, use and approximate loca-
tions of wells potentially affected by the release, subsurface soil condi-
tions, locations of subsurface utilities, climatological conditions, and
land use.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25295, Health and Safety Code; 40 CFR 280.63.
History
1. New section filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§ 2655. Free Product Removal Requirements.
(a) At sites where investigations made pursuant to section 2652 indi-
cate the presence of free product, the owner or operator shall comply with
the requirements of this section. The owner or operator shall remove free
product to the maximum extent practicable, as determined by the local
agency, while continuing to take any actions required under sections
2652 through 2654.
(b) Free product shall be removed in a manner that minimizes the
spread of contamination into previously uncontaminated zones by using
recovery and disposal techniques appropriate to the hydrogeologic con-
ditions at the site. The free product removal process shall result in proper
treatment, discharge or disposal of recovery byproducts in compliance
with applicable local, state and federal regulations.
(c) Abatement of free product migration shall be the predominant ob-
jective in the design of the free product removal system.
(d) Flammable products shall be handled in a safe manner consistent
with state and local requirements.
(e) A free product removal report shall be submitted to the agency
within 45 calendar days of release confirmation and shall include, but not
be limited to:
(1) The name of the person(s) responsible for impleinenting the free
product removal measures;
(2) The estimated quantity, type, and thickness of free product ob-
served or measured in wells, boreholes, and excavations;
(3) The type of free product recovery system used;
(4) Whether any discharge will take place on-site or off-site during
the recovery operation and, if so, where this discharge will be located;
(5) Tlie type of treatment applied to, and the effluent quality expected
in, any discharge;
(6) The steps that have been or are being taken to obtain necessary per-
mits for the discharge; and
(7) The means of disposal and/or proposed disposition of the recov-
ered free product.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25295, Health and Safety Code; 40 CPTi 280.64.
History
1. New section filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Article 6. Underground Storage Tank
Repair and Upgrade Requirements
§ 2660. General Applicability of Article.
(a) This article describes the requirements for repairing or upgrading
underground storage tank systems. Upgrades and repairs shall be proper-
ly conducted in accordance with this article and any additional manufac-
turer's specifications.
(b) Section 2661 describes the requirements for repairing under-
ground storage tanks, piping, or other underground storage tank system
components that have caused an unauthorized release as defined in sec-
tions 25294 and 25295 of the Health and Safety Code.
(c) Section 2662(b) describes upgrade requirements for underground
storage tanks containing hazardous substances other than motor vehicle
fuel. Sections 2662(c), and (d) describe upgrade requirements for all un-
derground storage tanks containing motor vehicle fuel. Underground
storage tanks which contain motor vehicle fuel and which are constructed
of fiberglass, other non-con-osive materials, steel clad with fiberglass, or
steel clad with other noncorrosive materials, are not required to comply
with the requirements of section 2662(c), but are required to meet the re-
quirements of section 2662(d).
(d) Section 2663 describes the requirements for upgrading or repairing
tanks using interior lining.
(e) Section 2664 describes the requirements for upgrading tanks using
bladder systems.
(f) Section 2665 describes the upgrade requirements for spill and over-
fill prevention equipment.
(g) Section 2666 describes the upgrade requirements for underground
piping.
(h) Upgrade requirements for underground storage tanks, spill and
overfill prevendon, and underground piping shall be completed no later
than December 22, 1998. Requirements for under-dispenser contain-
ment, or under-dispenser spill control or containment systems, shall be
completed no later than December 31, 2003.
(i) As a prevenUve measure, an owner or operator may upgrade any
underground storage tank constructed of any material which is not under
pressure and which contains motor vehicle fuel as specified in sections
2662(a), (c), and (e). Before upgrading in accordance with this subsec-
tion, the owner or operator shall prove to the satisfaction of the local
agency that the underground storage tank system has not caused an unau-
thorized release. If soil samples are taken, the owner or operator shall
notify the local agency in advance of taking the samples.
Page 147
Register 2007, No. 51; 12-21 -2007
§2661
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(j) Owners or operators shall maintain records of repairs, linings, and
upgrades that demonstrate compliance with the requirements of this ar-
ticle for the remaining operating life of the tank.
(k) Local agencies shall not approve a repair or upgrade unless it can
be demonstrated that the underground storage tank system is structurally
sound and the method of repair or upgrade will prevent unauthorized re-
leases due to structural failure or corrosion during the operating life of the
underground storage tank system.
(/) The materials used in the repair or upgrading process shall be
applied in accordance with nationally recognized engineering practices.
(m) Materials used in repairs and upgrades shall be compatible with
the existing underground storage tank system materials and shall not be
subject to deterioration due to contact with the hazardous substances be-
ing stored.
(n) Steel underground storage tanks that exhibit corrosion during the
course of repair or upgrade shall comply with the cathodic protection re-
quirements of section 2635(a)(2).
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25284. 1 , 25292. 25292. 1 and 25296, Health and Safety Code;
40 CFR 280.21, 280.33 and 281.32(d).
History
1 . Amendment of article heading, repealer and adoption of new section filed
8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninter-
rupted pursuant to Health and Safety Code section 25299.7 (Register 92, No.
14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and Note filed 4-5-94; operative 5-5-94
(Register 94. No. 14).
4. Amendment of subsection (h) and Note filed 5-14-2001 ; operative 5-14-2001
pursuant to Government Code section 11 343.4 (Register 2001, No. 20).
§ 2661 . Requirements for Repairing Underground Storage
Tank.
(a) Before repairing an underground storage tank system, the owner
or operator shall comply with applicable requirements of Article 5,
(b) Before repairing an underground storage tank system, the owner
or operator shall demonstrate to the satisfaction of the local agency that
the conditions and requirements specified in subsection 2660(k) will be
met. When selecting a method of repair, the owner or operator shall take
into consideration whether the cause of failure is isolated to the actual
failure, is affecting other areas of the underground storage tank, or if any
other cause of failure is affecting the primary container.
(c) A tank may be repaired once using the interior lining method speci-
fied in section 2663. A previously lined tank may not be repaired using
the interior lining method.
(d) Holes in steel tanks shall be plugged using self-tapping bolts, boil-
er plugs, water-tight hydraulic cement, or by welding. In addition, holes
in steel and fiberglass tanks shall be repaired as follows:
(1) Repair areas shall be covered with epoxy or isophthalic polyester
based resin. The resin shall be compatible with the intended use of the
tank.
(2) Fiberglass cloth with a minimum weight of 1 .5 oz/yd that is silane-
treated shall be worked completely into the resin base. The resin base
shall be installed a minimum of two inches beyond the fiberglass cloth.
(3) All repairs shall include installation of fiberglass cloth with a mini-
mum dimension of 12 x 12 inches centered over the area to be repaired.
Larger repairs shall require the cloth to be large enough to provide cloth
coverage of at least five inches of cloth bonded to the tank wall, measured
from the outermost edge of the repair to the cloth's edge.
(4) A second layer of fiberglass cloth of the same weight as specified
in subsection (d)(2) above, shall be installed direcUy over the primary
cloth layer and shall be cut to overlap the primary patch by 1 .5 inches on
all sides.
(5) The repair shall be allowed sufficient cure time, as determined by
the resin manufacturer, to provide an acceptable base for tank lining in-
stallation.
(e) Metal piping, pipe fittings, or tank fittings that have released prod-
uct as a result of corrosion or other damage shall be replaced. Non-metal
piping, pipe fittings, or tank fittings shall be repaired or replaced in accor-
dance with manufacturer specifications.
(f) Tanks and piping which have been repaired shall be tested for tight-
ness within 30 calendar days following the date of completion of the re-
pair. Tanks or piping that fail this test shall be repaired in accordance with
this section or closed in accordance with Article 7.
(g) A vapor or ground water monitoring system shall be installed to
continuously monitor a tank repaired by lining for future unauthorized
releases, in accordance with section 2647 or 2648, if no secondary con-
tainment system exists.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25296, Health and Safety Code; 40 CFR 280.33.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Te:(t remains in
effect unintenupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No, 14).
2. Editorial conection of printing errors in HISTORY 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
4. Editorial correction of subsection (f) (Register 95, No. 43).
5. Amendment of subsection (c) filed 12-18-2007; operadve 1-17-2008 (Regis-
ter 2007, No. 51).
§ 2662. Requirements for Upgrading Underground Storage
Tanks.
(a) Before upgrading an underground storage tank system, the owner
or operator shall demonstrate to the satisfaction of the local agency that
the conditions and requirements specified in subsection 266()(k) will be
met.
(b) By December 22, 1998, all underground storage tanks containing
hazardous substances other than motor vehicle fuel, shall be retrofitted
with secondary containment meeting the requirements of Article 3.
(c) By December 22, 1998, owners of motor vehicle fuel tanks con-
structed of steel shall retrofit those tanks with secondary containment
meeting the requirements of Article 3, or shall upgrade those tanks using
one of the following options:
(1) Interior lining and cathodic protection:
(A) Interior lining shall be installed in accordance with section 2663
except those requirements pertaining to non-steel tanks; and
(B) Cathodic protection shall be designed, installed, and inspected as
specified in section 2635(a)(2)(A). All cathodic protection w(;lls shall be
constructed in accordance with applicable state and local v/ell regula-
tions.
(2) Bladder system, and cathodic protection -
Bladder systems shall be installed in accordance with the requirements
of section 2664.
(d) By December 22, 1998, owners shall install a wear plate (striker
plate) which meets the criteria in section 2631(c) under all tarik openings
that could be used for manual dipsticking. A drop tube-mounted bottom
protector may fulfill this requirement.
(e) An upgraded underground storage tank shall be closed in accor-
dance with Article 7 at the end of the tank's operational life
NOTE; Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25291 and 25296, Health and Safety Code; 40 CFR 280.21.
History
1. Repealer and new section filed 8-9-91; operative 8-9-91. Text remains in ef-
fect uninterrupted pursuant to Health and Safety Code section 25299.7 (Regis-
ter 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading, text and NOTE filed 4-5-94; operative 5-5-94
(Register 94, No. 14).
4. Amendment of subsection (c)(2) and repealer of subsections (c)(2)( A)-(B) filed
12-26-97 as an emergency; operative 12-26-97 (Register 97, No. 52). A Cer-
tificate of Compliance must be transmitted to OAL by 4-27-98 or emergency
language will be repealed by operation of law on the following day.
5. Certificate of Compliance as lo 12-26-97 order transmitted lo O^L 4-22-9%
and filed 6-2-98 (Register 98, No. 23).
§ 2663. Interior Tank Lining Requirements.
(a) Tank lining may be used to satisfy part of the upgrade requirements
of section 2662 or to repair a tank pursuant to section 2661. However, a
tank that has been repaired using the interior lining method may not be
repaired a second time with the interior tining method. The evaluations
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State Water Resources Control Board
§2664
•
described in subsections (b) and (c) of this section shall be completed be-
fore the lining of a primary container may be authorized by the local
agency. The local agency shall deny the proposed lining if the owner fails
to demonstrate that the lined primary container will provide continued
containment based on the evaluations described in subsections (b) and
(c).
(b) Appropriate tests shall be conducted by a special inspector who
shall certify that the shell will provide structural support if the tank is
lined. A copy of this certification shall be provided by the owner to the
local agency. The special inspector shall make this certification by enter-
ing and inspecting the entire interior surface of the tank and shall base this
certification upon of the following sets of procedures an criteria:
(1 ) If a tank is made of non-corrodible material, the following shall be
performed:
(A) The tank shall be cleaned so that no residue remains on the tank
wall surface;
(B) The special inspector shall take interior diameter measurements
and, if the cross-section of the tank has compressed more than one per-
cent of the original diameter, the tank shall neither be certified nor re-
turned to service unless the tank is excavated and repaired to correct the
compression;
(C) The special inspector shall conduct an interior inspection to identi-
fy any area where compression or tension cracking is occurring and shall
determine whether additional fiberglass reinforcing is required for certi-
fication before the tank may be lined; and
(D) If the special inspector does not certify the tank as suitable for lin-
ing because it failed a test conducted in accordance with subdivisions
(1)(A) through (C) of this subsection, the tank shall be closed in accor-
dance with Article 7.
(2) If the tank is constructed of steel or steel clad with a non-corrodible
material, the following shall be performed:
(A) The tank interior surface shall be abrasive-blasted completely free
of scale, rust, and foreign matter; and,
(B) The entire tank interior shall be tested using a thickness gauge on
a one-foot grid pattern with wall thicknesses recorded on a form that
identifies the location of each reading. The tank shall be closed in accor-
dance with Article 7 if the tank's average metal thickness is less than 75
percent of the original wall thickness or if the tank has any of the follow-
ing defects:
1. An open seam or a split longer than three inches.
2. A perforation larger than one and one half inches in diameter except
directly below a gauging opening at the bottom of a tank where the perfo-
ration shall be no longer than two and one half inches in diameter.
3. Five or more perforations in any one square-foot area.
4. Multiple perforations of which any single perforation is larger than
one half inch in diameter.
(3) A test approved by the State Water Board as comparable to the tests
specified in subsections (b)(1) or (2) above.
(c) The owner or operator shall demonstrate to the satisfaction of the
local agency, based on the tests conducted in accordance with subsection
(b) above, that a serious corrosion or structural problem does not exist.
If the local agency or special inspector determines that a serious corro-
sion or structural problem exists, interior lining may be performed only
if it can be demonstrated to the satisfaction of the local agency that new
or additional corrosion protection will significantly minimize the corro-
sion and that the existing corrosion problem does not threaten the struc-
tural integrity or containment ability of the underground storage tank.
(d) Before lining a tank, thin areas or other flaws in the tank walls
which need additional reinforcing shall be reinforced in accordance with
section 2661(d).
(e) On and after August 9, 1992, the lining material and lining process
shall be listed or certified by an independent testing organization based
on voluntary consensus standards.
(0 Before being returned to service, any tank which has been lined
shall be internally inspected by a coatings expert or special inspector for
conformance with the standards under which the tank was lined. This in-
spection shall be conducted in accordance with section 2663(h) except
for subdivisions (h)(3) and (h)(5).
(g) Following the lining process and before it is returned to service, the
tank shall be given a tank integrity test.
(h) If a steel tank is lined for the purpose of satisfying the requirements
of section 2662(c), or if any tank is repaired using the interior lining
method, it shall be inspected by a coatings expert or special inspector
within ten years of lining and every five years thereafter. Written certifi-
cation of the inspection shall be provided by the tank owner and the party
performing the inspection to the local agency within 30 calendar days of
completion of the inspection. The inspection shall include all of the fol-
lowing:
(1) Determining that the tank has been cleaned so that no residue re-
mains on the tank walls.
(2) Determining that the tank has been vacuum tested at a vacuum of
5.3 inches of Hg for no less than one minute. This vacuum test is not re-
quired if the tank is constructed of fiberglass and is submerged in ground-
water by more than 50% of its depth.
(3) If the tank is constructed of fiberglass, taking interior diameter
measurements to verify whether the cross-secfion has compressed by
more than one percent of the original diameter.
(4) Visually checking the tank interior and lining for discontinuity,
compression, tension cracking, and corrosion.
(5) For steel tanks, testing the entire tank interior using a thickness
gauge on a one-foot grid pattern with metal wall thickness recorded on
a form that identifies the location of each reading in order to verify that
average metal thickness is greater than 75 percent of the original wall
thickness.
(6) Testing for thickness and hardness of the lining in accordance with
nationally recognized industry codes to verify that the lining meets the
standards under which the lining was applied.
(7) For steel tanks, testing the lining using an electrical resistance holi-
day detector in accordance with nationally-recognized industry codes.
The owner or operator shall have all holidays repaired and checked in ac-
cordance with nationally recognized industry codes.
(8) Certification from the special inspector or coafings expert that:
(A) the tank is suitable for continued use for a minimum of five years.
(B) the tank is suitable for continued use for a minimum of five years
only if it is relined or other improvements are made.
(C) the tank is no longer suitable for continued use and shall be closed
in accordance with Article 7.
(9) A lined tank shall be closed in accordance with Article 7 at the end
of its operational life.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25292, 25292.1 and 25296, Health and Safety Code; 40 CHI
280.21 and 280.33.
History
1 . Repealer and new section filed 4-5-94; operative 5-5-94 (Register 94, No. 1 4).
For prior history, see Register 92, No. 43.
§ 2664. Requirements for Using Bladder Systems.
(a) Bladder systems may be installed in tanks which store motor ve-
hicle fuel only, may be used to satisfy part of the upgrade requirements
in secdon 2662, and shall be installed and operated in accordance with
this section.
(b) Materials used in the bladder system and in the installation process
shall be approved by an independent testing organization based on volun-
tary consensus standards, an industry code, or engineering standard for
the applicable use of the bladder system. Evidence of this approval shall
be provided to the local agency before the local agency authorizes the in-
stallation. The following conditions shall be met:
(1) The bladder system shall be installed under the direct supervision
of a representative of the bladder system fabricator or a contractor certi-
fied by the fabricator.
(2) The entire interstitial space between the tank and the bladder shall
be monitored in accordance with subsection 2632(c)(2).
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(3) Materials used in the bladder system shall be product-tight and
compatible with the substance stored.
(4) The bladder system shall include an internal striker plate (wear
plate) which meets the requirements of section 2631(c).
(5) If the underground storage tank is constaicted of steel, cathodic
protection shall be installed in accordance with section 2635(a)(2)(A)
and, before installing a bladder system, a special inspector shall certify
that the underground storage tank has sufficient structural integrity to
seal the interstitial space between the bladder and the underground stor-
age tank and provide secondary containment. The special inspector shall
make this certification by entering and inspecting the entire interior sur-
face of the tank and shall base this certification upon the set of procedures
and criteria specified in section 2663(b)(2), except that abrasive blasting
is only required to the extent deemed necessary by manufacturers' speci-
fications, or the special inspector, to assess the structural integrity of the
underground storage tank.
(6) The bladder installer shall certify in writing to the local agency that
sufficient measures have been taken to minimize or eliminate the poten-
tial for the underground storage tank or interstitial monitoring system
components to puncture the bladder.
(7) Before installing a bladder, thin areas or other flaws in the under-
ground storage tank walls that need additional reinforcing shall be rein-
forced in accordance with section 2661(d).
(8) If required by manufacturers' specifications or the special inspec-
tor, the underground storage tank shall be lined in accordance with sec-
tion 2663 prior to installation of the bladder only to the thickness deemed
necessary by the more stringent requirement of the manufacturers' speci-
fications or the special inspector.
NOTE; Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25292 and 25292.1, Health and Safety Code; 40CFR 280.21,
280.32(d) and 281.33.
History
1 . Repealer and new section filed 4-5-94; operative 5-5-94 (Register 94, No. 1 4).
For prior history, see Register 92, No. 43.
2. New subsections (b){5)-(8) and repealer of subsection (c) filed 12-26-97 as an
emergency; operative 12-26-97 (Register 97, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 4—27-98 or emergency language will be
repealed by operation of law on the following day.
3. Editorial correction of subsections (b)(7) and (b)(8) (Register 98, No. 23).
4. Certificate of Compliance as to 12-26-97 order transmitted to OAL 4-22-98
and filed 6-2-98 (Register 98, No. 23).
§ 2665. Spill and Overfill Prevention Equipment Upgrade
Requirements.
By December 22, 1 998, all underground storage tank systems shall be
retrofitted with an overfill prevention system and a spill container which
meet the requirements of section 2635(b). The local agency may waive
the requirements for overfill prevention equipment if the conditions spe-
cified in section 2635(b)(3) are met.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25292 and 25292. 1 , Health and Safety Code; 40 CFR 280.2 1 .
History
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
§ 2666. Requirements for Upgrading Underground Piping.
(a) By December 22, 1998, all underground piping containing hazard-
ous substances other than motor vehicle fuel shall be retrofitted with sec-
ondary containment meeting the requirements of section 2636.
(b) By December 22, 1998, all underground piping containing motor
vehicle fuel and connected to an existing tank shall be retrofitted with
secondary containment unless the owner or operator demonstrates to the
local agency that the piping is constructed of fiberglass reinforced plas-
tic, cathodically protected steel, or other materials compatible with
stored products and resistant to corrosion. The secondary containment
system shall meet the construction, installation, and monitoring require-
ments of section 2636.
(c) By December 22, 1998, all automatic line leak detectors for under-
ground pressurized piping which is not secondarily contained shall be ca-
pable of shutting off the pump when a release occurs. In addition, the
pumping system shall shut down automatically if the automatic line leak
detector fails or is disconnected. In lieu of the above, for underground
storage tank emergency generator systems, the leak detector riust be con-
nected to an audible and visible alarm to indicate a release malfunction
of the system.
(d) All underground piping and secondary containment shall be tested
for tightness after installation in accordance with section 2636(e).
(e) By December 31, 2003, all existing underground storage tanks
shall be retrofitted with under-dispenser containment, or an under-dis-
penser spill containment or control system. The under-disj^enser con-
tainment or under-dispenser spill containment or control system shall
meet, where applicable, the requirements of 2636(g).
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25284.1, 25292 and 25292.1, Health and Safety Code; 40
CFR 280.21.
History
1. New section filed 4-5-94; operative 5-5-94 (Register 94, No. 1^-)-
2. New subsection (e) and amendment of Note filed 5-14-2001; operafive
5-14-2001 pursuant to Government Code secfion 1 1343.4 (Regis ;er 2001, No.
20).
3. Amendment of subsection (e) filed 12-18-2007; operafive 1-17-2008 (Regis-
ter 2007, No. 51).
Article 7. Underground Storage Tank
Closure Requirements
§ 2670. General Applicability of Article.
(a) This article defines temporary and permanent underground storage
tank closure and describes the nature of activities which shal 1 be accom-
plished in order to protect water quality in each of these situations.
(b) The temporary closure requirements of section 2671 shall apply to
those underground storage tanks in which the storage of hazardous sub-
stances has ceased but the underground storage tank will again be used
for the storage of hazardous substances within the next 12 consecutive
months. At the end of 12 consecutive months during which the tank is
temporarily closed, the local agency may approve an exter sion of the
temporary closure period for a maximum additional period of up to 12
months. Owners and operators shall complete a site assessment in accor-
dance with section 2672(d) before an extension may be granted by the
local agency. The temporary closure requirements of section :2671 do not
apply to underground storage tanks that are empty as a result of the with-
drawal of all stored substances during normal operating practice prior to
the planned input of additional hazardous substances.
(c) The permanent closure requirements of section 2672 sh all apply to
those underground storage tanks in which the storage of hazardous sub-
stances has ceased and the tanks will not be used, or are not intended for
use, for the storage of hazardous substances within the next 12 consecu-
tive months.
(d) The requirements of this article do not apply to those uaderground
storage tanks in which hazardous substances continue to be stored but no
input or withdrawals are being made. In these cases, the app icable con-
tainment and monitoring requirements of Articles 3 or 4 shall continue
to apply.
(e) During the period of time between cessation of hazardous sub-
stance storage and actual completion of underground storage tank clo-
sure pursuant to section 2671 or 2672, the applicable containment and
monitoring requirements of Articles 3 or 4 shall continue to apply. The
time period between cessation of hazardous substance storage and appli-
cation for temporary or permanent tank closure shall not exceed 90 calen-
dar days. Closure shall be completed within a reasonable time period as
determined by the local agency.
(f) At least 30 calendar days prior to closure, or within a shorter period
of time approved by the local agency, the owner or operator who intends
to close a tank shall submit to the local agency for approval, a proposal
for compliance with section 2671 or 2672, as appropriate.
(g) Underground storage tanks that have had an unauthorized release
do not qualify for temporary closure pursuant to section 267 1 until the
owner or operator demonstrates to the satisfaction of the local agency that
appropriate authorized repairs have been made which make the under-
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State Water Resources Control Board
§2672
ground storage tank capable of storing hazardous substances in accor-
dance with the permit issued by the local agency.
(h) Underground storage tanks that have emitted an unauthorized re-
lease and that cannot be repaired by authorized methods shall be perma-
nently closed pursuant to requirements of section 2672.
(i) Decommissioned tanks and underground storage tanks, perma-
nently closed on-site by cleaning and filling with an inert solid prior to
January 1. 1984, need not comply with the closure requirements in this
section unless required by the local agency. However, hazardous sub-
stances released from such tanks before or after the closure, shall be re-
ported by the owner pursuant to Article 5 and shall be cleaned up pur-
suant to section 1 3304 ofthe Water Code, Article 1 1 of these regulations,
and any other applicable law or regulations.
(j) A regulated tank shall be subject to the requirements of subsections
(d) and (e) of section 2672 before the local agency may grant exempt sta-
tus to the tank.
NOTE; Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25298, Health and Safety Code; 40 CFR 280.70, 280.71,
280.73 and 280.74.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading, section heading, text and Note filed 4-5-94; op-
erative 5-5-94 (Register 94, No. 14).
§ 2671. Temporary Closure Requirements.
(a) An owner or operator shall comply with all of the following re-
quirements to complete and maintain temporary closure of an under-
ground storage tank:
( 1 ) All residual liquid, solids, or sludges shall be removed and handled
in accordance with the applicable provisions of Chapters 6.5 and 6.7 of
Division 20 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance
that could produce flammable vapors at standard temperature and pres-
sure, it shall be inerted, as often as necessary, to levels that will preclude
an explosion or to lower levels as required by the local agency.
(3) The underground storage tank may be filled with a noncorrosive
liquid that is not a hazardous substance. This liquid shall be tested and
the test results submitted to the local agency prior to removal from the
underground storage tank at the end of the temporary closure period.
(4) Except for required venting, all fill and access locations and piping
shall be sealed using locking caps or concrete plugs.
(5) Power service shall be disconnected from all pumps associated
with the use of the underground storage tank unless the power services
some other equipment which is not being closed, such as the impressed-
current cathodic protection system.
(b) The monitoring required pursuant to the permit may be modified
by the local agency during the temporary closure period. In making a de-
cision to modify monitoring requirements, the local agency shall consid-
er the need to maintain monitoring in order to detect unauthorized re-
leases that may have occurred during the time the underground storage
tank was used but that have not yet been detected. In all cases, corrosion
protection shall continue to be operated.
(c) The underground storage tank shall be inspected by the owner or
operator at least once every three months to verify that the temporary clo-
sure measures are still in place. The inspection shall include but is not
limited to the following:
(1) Visual inspection of all locked caps and concrete plugs.
(2) If locking caps are used, at least one shall be removed to determine
if any liquids or other substances have been added to the underground
storage tank or if there has been a change in the quantity or type of liquid
added pursuant to subsection (a)(3) of this section.
(d) At the end of a temporary closure period over 12 months, including
any extension granted by the local agency, the owner may reuse the un-
derground storage tank only if the tank meets the requirements of Article
3 for new underground storage tanks or is upgraded to meet the require-
ments of Article 6.
(e) All new and existing underground storage tank systems which have
been temporarily closed must continue to comply with repair and record-
keeping requirements, release reporting and investigation requirements.
and release response and corrective action requirements specified in this
chapter and Chapter 6.7 of the Health and Safety Code.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: SecUon 25298, Health and Safety Code; 40 CFR 280.70 and
281.36(a)(1).
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninteiTupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94.
No. 14).
§ 2672. Permanent Closure Requirements.
(a) Owners or operators of underground storage tanks subject to per-
manent closure shall comply with either subsection (b) for underground
storage tank removal or subsection (c) for closure in place. It is not essen-
tial that all portions of an underground storage tank be permanently
closed in the same manner; however, all closure actions shall be con-
ducted in accordance with this section. Subsections (d) and (e) apply to
all underground storage tanks subject to permanent closure.
(b) Owners or operators of underground storage tanks subject to per-
manent closure shall comply with applicable provisions of Chapter 6.5
of Division 20 of the Health and Safety Code and with the following re-
quirements:
( 1 ) All residual liquid, solids, or sludges shall be removed and handled
as hazardous wastes or recyclable materials in accordance with Chapter
6.5 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance
that could produce flammable vapors at standard temperature and pres-
sure, it shall be inerted to levels that shall preclude explosion or to lower
levels as required by the local agency.
(3) When an underground storage tank or any part thereof is disposed
of, the owner or operator shall document to the local agency that proper
disposal has been completed. This documentation shall be submitted
within the time frame specified by the local agency.
(4) An owner or operator of an underground storage tank or any part
thereof that is destined for a specific reuse shall advise the local agency,
within the time frame specified by that agency, of:
(A) The name of the new owner and new operator of the underground
storage tank;
(B) The location of intended use; and
(C) The nature of intended use.
(c) Owners or operators of underground storage tanks subject to per-
manent closure where the tanks are approved to be closed in place shall
comply with the applicable provisions of Chapters 6.5 and 6.7 of Divi-
sion 20 of the Health and Safety Code and with the following require-
ments:
( 1 ) All residual liquid, solids, or sludges shall be removed and handled
as a hazardous waste or recyclable materials in accordance with Chapters
6.5 and 6.7 of the Health and Safety Code.
(2) If the underground storage tank contained a hazardous substance
that could produce flammable vapors at standard temperature and pres-
sure, it shall be inerted to levels that shall preclude explosion or to lower
levels as may be required by the local agency.
(3) All piping associated with the underground storage tank shall be
removed and disposed of unless removal might damage structures or oth-
er pipes that are being used and that are contained in a common trench,
in which case the piping to be closed shall be emptied of all contents and
capped.
(4) The underground storage tank, except for piping that is closed in
accordance with subdivision (3), shall be completely filled with an inert
solid, unless the owner intends to use the underground storage tank for
the storage of a nonhazardous substance which is compatible with the
previous use and construction of the underground storage tank.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(d) The owner or operator of an underground storage tank being closed
pursuant to this section shall demonstrate to the satisfaction of the local
agency that no unauthorized release has occurred. This demonstration
shall be based on soil sample analysis and/or water analysis if water is
present in the excavation. This analysis shall be performed during or im-
mediately after closure activities. If the demonstration is based on soil
sample analysis, soil samples shall be taken and analyzed as follows:
( 1 ) If the underground storage tank or any portion thereof is removed,
soil samples shall be taken immediately beneath the removed portions of
the tank, a minimum of two feet into native material at each end of the
tank in accordance with section 2649. A separate sample shall be taken
for each 20 linear-feet of trench for piping.
(2) If the underground storage tank or any portion thereof is not re-
moved, at least one boring shall be taken as close as possible to the mid-
point beneath the tank using a slant boring (mechanical or manual), or
other appropriate method such as vertical borings drilled on each long di-
mensional side of the tank as approved by the local agency.
(3) Soils shall be analyzed in accordance with section 2649 for all con-
stituents of the previously stored hazardous substances and their break-
down or transformation products. The local agency may waive the re-
quirement for analysis of all constituents, breakdown or transformation
products when key constituents that pose a significant threat to water
quality or the environment can be identified for analysis.
(e) The detection of any reportable unauthorized release shall require
compliance with the applicable requirements of Articles 5 and 1 1 .
NOTE: Authority cited: Sections 25299.3, 25299.7 and 25299.77, Health and
Safety Code. Reference: Sections 25298 and 25299.37, Health and Safety Code;
40 CFR 280.60 through 280.67, 280.71 and 281 .36.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect unintemipted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94,
No. 14).
Article 8. Site-Specific Variance
Procedures
§ 2680. General Applicability of Article.
(a) This article sets forth procedures for site-specific variances from
the requirements for the construction and monitoring of new and existing
underground storage tanks as described in Chapter 6.7 of Division 20 of
the Health and Safety Code and Articles 3 and 4 of this chapter. A site-
specific variance, if approved, would apply only to the specific site(s) ap-
proved for a variance. These procedures are in addition to those estab-
lished by the appropriate sections of Chapter 6.7 of Division 20 of the
Health and Safety Code.
(b) Section 2681 specifies the procedures that shall be followed by the
applicant, local agency, and the Regional Water Quality Board for site-
specific variance requests.
NOTE; Authority cited: Sections 25299.3, Health and Safety Code. Reference:
Section 25299.4, Health and Safety Code.
History
1. Amendment of section heading and subsections (a) and (b) filed 8-9-91 as an
emergency; operative 8-9-91 . Text remains in effect uninterrupted pursuant to
Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading, section heading and text filed 4-5-94; operative
5-5-94 (Register 94, No. 14).
§ 2681 . Site-Specific Variances.
(a) A site-specific variance allows an alternative method of construc-
tion or monitoring which would be applicable at one or more sites within
a local agency's jurisdiction. Application for a site-specific variance
shall be made to the appropriate Regional Water Quality Board.
(b) Prior to applying to the Regional Water Quality Boani for a vari-
ance, the applicant shall submit a complete construction and monitoring
plan to the local agency. The proposed alternative construction or moni-
toring methods which may require a variance shall be clearly identified.
If the local agency decides that a variance would be necessarj' to approve
the specific methods or if the local agency does not act v/ithin 60 calendar
days of receipt of a complete construction and monitoring plan from the
applicant, the applicant may submit the variance application to the Re-
gional Water Quality Board.
(c) An application for a site-specific variance shall includ(;, but is not
limited to:
( 1 ) A description of the provision from which the variance is re-
quested.
(2) A detailed description of the complete construction and monitoring
methods to be used. The proposed alternative program, method, device,
or process shall be clearly identified.
(3) Any special circumstances on which the applicant relies to justify
the findings necessary for the variance, as prescribed by the appropriate
section of Chapter 6.7 of Division 20 of the Health and Safety Code.
(4) Clear and convincing evidence that the proposed altemafive will
adequately protect the soil and the beneficial uses of waters of the state
from an unauthorized release.
(5) Any environmental information or documentation requested by the
Regional Water Quality Board pursuant to the California Environmental
Quality Act (Division 13, commencing with section 21000 of the Public
Resources Code).
(6) A list including names and addresses of all persons known to the
applicant who may be affected by or may be interested in tfie variance
request.
(7) A fee not to exceed $2,750 for variance requests at one site. A fee
not to exceed $5,500 for variance requests at more than one site within
one local agency's jurisdiction.
(d) The Regional Water Quality Board shall review all a]3plications
submitted and shall notify the applicant in writing within 30 calendar
days of receipt of the applicafion whether the application is complete.
(e) The Regional Water Quality Board shall hold a hearing on the pro-
posed variance as specified in section 25299.4(c) of the Health and Safe-
ty Code.
(f) Any site-specific variance shall prescribe appropriate additional
conditions and shall describe the specific alternative system for which
the variance is being granted. The Regional Water Quality Eioard shall
notify the applicant, the local agency, and the State Water Board of its
decision.
(g) If the variance is approved, the local agency shall issue a permit to
the applicant which includes the conditions prescribed by the Regional
Water Quality Board. A local agency shall not modify the permit unless
it determines that the modification is consistent with the variar ce that has
been granted.
(h) The Regional Water Quality Board shall modify or revDke a vari-
ance upon a finding that the proposed alternative does not adequately
protect the soil and the beneficial uses of the waters of the state from an
unauthorized release. The Regional Water Quality Board shall not
modify nor revoke the variance until it has followed procedures compa-
rable to those prescribed in this section and Chapters 1.5 and 6 of Divi-
sion 3 of Title 23 of the California Code of Regulations. Th(j Regional
Water Quality Board shall notify the local agency and the State Water
Board of the modification or revocation. The local agency shall modify
or revoke the permit for the site.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25299.4, Health and Safety Code.
History
1. Repealer and renumbering and amendment of former section 2682 to section
2681 filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history,
see Register 92, No. 43.
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Title 23
State Water Resources Control Board
§2711
§ 2682. Site-Specific Variances.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Healtii and Safety Code.
Reference: Section 25299.4, Health and Safety Code.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. P^ditorial correction of printing errors in History 1 (Register 92. No. 43).
3. Renumbering of former section 2682 to section 2681 filed 4-5-94; operative
5-5-94 (Register 94. No. 14).
Article 9. Local Agency Requests for
Additional Design and Construction
Standards
§ 2690. General Applicability of Article.
Tliis article sets forth procedures by which local agencies may request
State Water Board authorization for design and construction standards
other than those set by Article 3. These procedures are in addition to those
established by Chapter 6.7 of Division 20 of the Health and Safety Code.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25299.2 and 25299.4, Health and Safety Code.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading, section heading and text filed 4-5-94; operative
5-5-94 (Register 94, No. 14).
§ 2691 . Procedures for Requesting Additional Standards.
(a) A local agency application for additional design and construction
standards shall include:
( 1 ) A description of the proposed design and construction standards
which are in addition to those described in Article 3 of this chapter.
(2) Clear and convincing evidence that the additional standards are
necessary to protect the soil and beneficial uses of the waters of the state
from unauthorized releases.
(3) Any documents required by the California Environmental Quality
Act (Division 13, commencing with section 21000 of the Public Re-
sources Code).
(4) An initial fee of $5,500.
(b) The applicant shall be required to pay a fee based on the actual costs
of considering the application. The State Water Board will bill the appli-
cant for additional costs or refund any unused portion of the initial fee.
(c) The State Water Board shall conduct an investigation and public
hearing on the proposed standards and the need to protect the soil and
beneficial uses of the water before determining whether to authorize the
local agency to implement additional standards.
(d) The State Water Board may modify or revoke a previously issued
authorization allowing the implementation of additional standards if it
finds that, based on new evidence, the additional standards are not neces-
sary to adequately protect the soil and beneficial uses of the waters of the
state from unauthorized releases. The State Water Board shall neither
modify nor revoke the authorization until it has followed procedures
comparable to those in Chapters 1.5 and 6 of Division 3 of Title 23 of the
California Code of Regulation.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25299.4, Health and Safety Code.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Kditorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section heading and text filed 4-5-94; operative 5-5-94 (Regis-
ter 94, No. 14).
Article 10. Permit Application, Quarterly
Report and Trade Secret Request
Requirements
§ 2710. General Applicability of Article.
(a) This article describes specific administrative actions that shall be
undertaken by all underground storage tank owners, local agencies, and
the State Water Board relative to issuing permits for underground storage
tanks. These steps are in addition to those established by Chapter 6.7 of
Division 20 of the Health and Safety Code.
(b) Section 27 1 1 lists the information that shall be submitted by the un-
derground storage tank owner or representative to the local agency as
part of the permit application.
(c) Section 2712 describes the conditions associated with a permit for
the operation of an underground storage tank and the conditions which
local agencies shall meet before issuing permit.
(d) Section 27 1 3 describes the local agency reporting requirements for
unauthorized releases.
(e) Section 2714 specifies conditions that shall be met by an under-
ground storage tank owner or operator when requesting trade secret pro-
tection for any information submitted to the local agency. State Water
Board, or Regional Water Quality Board. The section also specifies how
those agencies shall consider the request and how they shall maintain the
information if the trade secret request is accepted.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25284, 25285, 25286, 25288, 25289, 25290 and 25293,
Health and Safety Code.
History
1 . Amendment of article and section headings and text filed 8-9-9 1 as an emer-
gency; operative 8-9-91. Text remains in effect uninterrupted pursuant to
Health and Safety Code section 25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of article heading and section filed 4-5-94; operative 5-5-94
(Register 94, No. 14).
§ 271 1 . Information and Application for Permit to Operate
an Underground Storage Tank.
(a) The permit application shall include, but not be limited to, the fol-
lowing information to the extent such information is known to the permit
applicant:
( 1 ) The name and address of the person who owns the underground
storage tank or tanks.
(2) The name, location, mailing address, and telephone number where
the underground storage tank is located, and type of business involved,
if any.
(3) The name, address, and telephone numbers of the underground
storage tank operator and 24-hour emergency contact person.
(4) The naine and telephone number of the person making the applica-
tion.
(5) A description of the underground storage tank including, but not
limited to, the underground storage tank manufacturer, date of installa-
tion and tank capacity.
(6) Construction details of the underground storage tank and any aux-
iliary equipment including, but not hmited to, type of primary contain-
ment, type of secondary containment (if applicable), spill and overfill
prevention equipment, interior lining, and corrosion protection (if appli-
cable).
(7) A description of the piping including, but not limited to, the type
of piping system, construction, material, corrosion protection and leak
detection.
(8) A scaled diagram or design or as-built drawing which indicates the
location of the underground storage tank (underground storage tank, pip-
ing, auxiliary equipment) with respect to buildings or other landmarks.
(9) The description of the proposed monitoring program including, but
not limited to, the following where applicable:
(A) Visual inspection procedures;
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§2712
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(B) Underground storage tank release detection methods or inspection
procedures;
(C) Inventory reconciliation including gauging and reconciliation
methods;
(D) Piping leak detection methods;
(E) Vadose zone sampling locations, and methods and analysis proce-
dures;
(F) Ground water well(s) locations constmction and development
methods, sampling, and analysis procedures; and
(10) A list of all the substances which have been, are currently, or are
proposed to be stored in the underground storage tank or tanks.
(11) Documentation to show compliance with state and federal finan-
cial responsibility requirements applicable to underground storage tanks
containing petroleum.
( 1 2) If the owner or operator of the underground storage tank is a pub-
lic agency, the application shall include the name of the supervisor of the
division, section, or office which operates the underground storage tank.
(13) The permit application shall be signed by:
(A) The underground storage tank owner, underground storage tank
operator, facility owner or facility operator, or a duly authorized repre-
sentative of the owner; or,
(B) If the tank or facility is owned by a corporation, partnership, or
public agency, the application shall be signed by:
1 . A principal executive officer at the level of vice-president or by an
authorized representative. The representative shall be responsible for the
overall operation of the facility where the underground storage tank(s)
are located; or,
2. A general partner proprietor; or,
3. A principal executive officer, ranking elected official, or authorized
representative of a public agency.
(b) The owner or operator shall inform the local agency of any changes
to the information provided in accordance with subsection (a) within 30
calendar days unless required to obtain approval before making the
change.
(c) The permit applications, "Underground Storage Tank Operating
Permit Application — Facility Information," "Underground Storage
Tank Operating Permit Application — Tank Information," and "Under-
ground Storage Tank Monitoring Plan" in Title 27, Division 3, Subdivi-
sion 1 , Chapter 6, shall be accompanied by the local government and state
surcharge fees.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25286 and 25287, Health and Safety Code.
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of subsections (a)(13)(A)-(B) and (c) and repealer of subsection
(d) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
§ 271 2. Permit Conditions.
(a) As a condition of any permit to operate an underground storage
tank, the owner or operator shall comply with the reporting and recording
requirements for unauthorized releases specified in Article 5.
(b) Written monitoring and maintenance records shall be maintained
on-site or off-site at a readily available location, if approved by the local
agency, for a period of at least 3 years, 61/2 years for cathodic protection
maintenance records, and 5 years for written performance claims pertain-
ing to release detection systems, and calibration and maintenance records
for such systems. Records of repairs, lining, and upgrades shall be main-
tained on site or at another approved location for the remaining life of the
underground storage tank. These records shall be made available, upon
request within 36 hours, to the local agency or the State Water Board.
Monitoring records shall include:
(1) The date and time of all monitoring or sampling;
(2) Monitoring equipment calibration and maintenance records;
(3) The results of any visual observations;
(4) The results of all sample analysis performed in the laboratory or in
the field, including laboratory data sheets and analysis used:
(5) The logs of all readings of gauges or other monitoring equipment,
ground water elevations, or other test results; and
(6) The results of inventory readings and reconciliations.
(c) A permit to operate issued by the local agency shall be effective for
5 years. In addition to other information specified by the local agency,
the permit shall include the permit expiration date, monitoring require-
ments, and the state underground storage tank identification number(s)
for which the permit was issued. Before a local agency issues a new per-
mit or renewal to operate an underground storage tank the local agency
shall inspect the underground storage tank and determine that it complies
with the provisions of these regulations.
(d) Permits may be transferred to new underground storag(i tank own-
ers if : ( 1 ) the new underground storage tank owner does not change con-
ditions of the permit, (2) the transfer is registered with the local agency
within 30 days of the change in ownership, and (3) state perrait applica-
tion forms are completed to show the changes. TransfeiTed permits shall
expire and be renewed on the original expiration date. A Iccal agency
may review, modify, or terminate the permit to operate the underground
storage tank upon receiving an ownership transfer request.
(e) The local agency shall not renew an underground storage tank per-
mit unless the underground storage tank has been inspected by the local
agency or a special inspector within the previous 12 months and the in-
spection verified that the underground storage tank complied with the
provisions of Article 3 or 4, as applicable, and with all existing permit
conditions. The inspection shall be conducted as specified in section
25288 of Chapter 6.7 of Division 20 of the Health and Safety Code. If the
inspection indicated noncompliance then the local agency shall verify by
a follow-up inspection that all required corrections have bei^n implem-
ented before renewing the permit.
(f) Within 30 calendar days of receiving an inspection report from ei-
ther the local agency or the special inspector, the permit holder shall im-
plement the corrections specified in the inspection report end comply
with the permit conditions. The corrective action shall include all of the
recommendations made by the local agency or special inspector. The lo-
cal agency may waive the implementation of any of the spei:ial inspec-
tor's recommendations based on a demonstration by the permit holder to
the local agency's satisfaction that failure to implement the recommen-
dation will not cause an unauthorized release.
(g) The local agency shall take appropriate enforcement action pur-
suant to section 25299 of the Health and Safety Code or prohibit the oper-
ation of the tank systems if the owner or operator fails to comply with the
monitoring requirements in Article 3 or 4 or the reporting requirements
of Article 5.
(h) The local agency shall provide the permittee with a wiitten list of
all applicable requirements of Chapter 6.7 and 6.75 of the Health and
Safety Code and these regulations.
(i) A copy of the permit and all conditions and attachments, including
monitoring plans, shall be retained at the facility.
(j) All primary containment shall be product-tight.
(k) Owners and operators shall use care to prevent releases due to spill-
ing or overfilling. Before product is delivered, owners, oper£itor, or their
agents shall ensure that the space available in the tank is grec.ter than the
volume of product to be transferred to the tank and shidl ensure that the
transfer operation is monitored constantly to prevent overfilling and
spilling.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Secfions 25284, 25285, 25286, 25288, 25289, 2529? and 25294,
Health and Safety Code; 40 CFR 280.31(d), 280.33(f), 280.45 and 281.32(e).
History
1. Amendment filed 8-9-91 as an emergency; operative 8-9-91. Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section and Note filed 4-5-94; operative 5-5-94 (Register 94,
No. 14).
4. Amendment of subsection (c) and Note filed 10-27-98 as an emergency; op-
erative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be
•
Page 152.2
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§2714
transmitted to OAL by 2-24-99 or emergency language will be repealed by op-
eration of law on the following day.
5. Editorial correction of History 4 (Register 2000, No. 24).
6. Reinstatement of section as it existed prior to 10-27-98 emergency amendment
by operation of Government Code section 11346.1(f) (Register 2000, No. 24).
7. Change without regulatory effect amending subsection (e) filed 4-3-2002 pur-
suant to section 100, title 1, California Code of Regulations (Reaister 2002, No.
14).
8. Amendment of subsections (e) and (f) filed 4-8-2004; operative 5-8-2004
(Register 2004, No. 15).
§ 271 2.1 . Content of Upgrade Compliance Certificates.
NOTE: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sec-
tions 25284 and 25292.3. Health and Safety Code.
History
1 . New section filed 1 0-27-98 as an emergency; operative 1 0-27-98 (Register 98,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 1 1346.1(g) (Register 2000,
No. 24).
§ 2712.2. Issuing Upgrade Compliance Certificates.
NOTE; Authority cited: Section 25299.3, Health and Safety Code; Reference: Sec-
tions 25284 and 25292.3, Health and Safety Code.
History
1 . New section filed 1 0-27-98 as an emergency; operad ve 10-27-98 (Register 98,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correcfion of History 1 (Register 2000, No. 24).
3. Repealed by operation of Government Code section 11346. 1(g) (Register 2000,
No. 24).
§ 2712.3. Displaying Upgrade Compliance Certificates.
NOTE: Authority cited: Secfion 25299.3, Health and Safety Code; Reference: Sec-
tions 25284 and 25292.3, Health and Safety Code.
History
1 . New section filed 1 0-27-98 as an emergency; operad ve 1 0-27-98 (Register 98,
No. 44). A Certificate of Comphance must be transmitted to OAL by 2-24-99
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correcfion of History 1 (Register 2000, No. 24).
3. Repealed by operadon of Government Code section 11 346. 1(g) (Register 2000,
No. 24).
§ 2712.4. Replacing Upgrade Compliance Certificates.
Note: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sec-
tions 25284 and 25292.3, Health and Safety Code.
History
1 . New section filed 1 0-27-98 as an emergency; operative 1 0-27-98 (Register 98,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24—99
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operadon of Government Code section 1 1 346. 1 (g) (Register 2000,
No. 24).
§ 271 2.5. Lists of Underground Storage Tank Facilities.
Note; Authority cited: Section 25299.3, Health and Safety Code; Reference: Sec-
dons 25284 and 25292.3, Health and Safety Code.
History
1 . New section filed 10-27-98 as an emergency; operad ve 10-27-98 (Register 98,
No. 44). A Cerdficate of Compliance must be transmitted to OAL by 2-24-99
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of History 1 (Register 2000, No. 24).
3. Repealed by operadon of Government Code secdon 1 1 346. 1 (g) (Register 2000,
No. 24).
§2712.6. Prohibitions.
NOTE: Authority cited: Section 25299.3, Health and Safety Code; Reference: Sec-
tions 25284 and 25292.3, Health and Safety Code.
History
1. New section filed 10-27-98 as an emergency; operative 10-27-98 (Register
98, No. 44). A Certificate of Compliance must be transmitted to OAL by
2-24-99 or emergency language will be repealed by operation of law on the
following day.
2. Editorial con-ection of History 1 (Register 2000, No. 24).
3. Repealed by operadon of Government Code section 1 1346.1(g) (Register 2000,
No. 24).
§2712.7. Sunset Provisions.
NOTE; Authority cited: Section 25299.3, Health and Safety Code; Reference: Sec-
dons 25284 and 25292.3, Health and Safety Code.
History
1 . New secdon filed 1 0-27-98 as an emergency; operative 1 0-27-98 ( Register 98,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99
or emergency language will be repealed by operation of law on the following
day.
2. Editorial conection of History 1 (Register 2000, No. 24).
3. Repealed by operadon of Government Code section 1 1346.1(g) (Register 2000,
No. 24).
§ 2713. Local Agency Reporting Requirements.
(a) Each local agency shall transmit unauthorized release information,
submitted by the owner or operator, to the appropriate regional board.
(b) Local agencies shall transmit unauthorized release update report
information, submitted by the owner or operator pursuant to section
2712, to the appropriate regional board for sites where they are oversee-
ing cleanup. Local agencies shall transmit this unauthorized release up-
date information on a quarterly schedule established by the board.
(c) On a semi-annual basis, each local agency shall send to the board,
information pertaining to local underground storage tank program imple-
mentation and enforcement activities. This information shall be sub-
mitted using "Semi-Annual Underground Storage Tank Program Report
6" as specified in Title 27, section 15290, and shall include, but not be
limited to the number of:
(1) tanks subject to regulation
(2) regulated facilities
(3) facility inspections conducted
(4) inspected facilities in comphance with release detection and re-
lease prevention requirements
(5) underground storage tank systems that received a red tag pursuant
to Article 10.5, including:
(A) the name and address of the facility at which the tank system is lo-
cated;
(B) the names of the owner and operator of the tank system;
(C) the red tag's identification number;
(D) the date the red tag was affixed to the tank system;
(E) the specific violation for which the tank system received the red
tag;
(F) the date the red tag was removed from the tank system.
(d) Local agencies shall report formal and informal enforcement ac-
tions using "Annual Enforcement Summary Report 4" as specified in
Title 27, section 15290.
NOTE; Authority cited: Secdons 25299.3 and 25299.7, Health and Safety Code.
Reference: Secdons 25286 and 25292.3, Health and Safety Code.
History
1. Repealer and new secdon filed 8-9-91 as an emergency; operative 8-9-91.
Text remains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
4. Amendment of section heading, section and NoTK filed 5-13-2004; operative
6-12-2004 (Register 2004, No. 20).
5. Amendment of subsections (c) and (c)(4), repealer of subsection (c)(5), subsec-
tion renumbering and new subsection (d) filed 12-18-2007; operative
1-17-2008 (Register 2007, No. 51).
§2714. Trade Secret Provisions.
(a) Any person making an application for a permit to operate an under-
ground storage tank, for renewal of the permit or application for a site-
specific variance, shall identify all information which the person believes
is a trade secret and submit a legal justification for the request for confi-
dentiality. The information which shall be submitted includes, but is not
limited to:
(1) Identification of those portions of the information which are be-
lieved to be trade secrets;
Page 152.3
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§2714
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(2) The length of time this information should be treated as confiden-
tial;
(3) Measures that have been taken to protect this information as confi-
dential; and
(4) A discussion of why this information is subject to trade secret pro-
tection, including references to statutory and case law as appropriate.
(b) If the local agency, the State Water Board, or the Regional Water
Quality Board (collectively referred to as "agency" for the purposes of
this section) determines that a request for trade secret protection is clearly
valid, the material shall be given trade secret protection as discussed in
subsection (f) of this section.
(c) If the agency determines that the request for trade secret protection
is clearly frivolous, it shall send a letter to the applicant stating that the
information will not be treated as a trade secret unless the agency is in-
staicted otherwise by a court within 10 working days of the date of the
letter.
(d) If the validity of the request for trade secret protection is unclear,
the agency will inform the person claiming trade secrecy that the burden
is on him or her to justify the claim. The applicant shall be given a fixed
period of time to submit the additional information as the agency may re-
quest. The agency shall then evaluate the request on the basis of the defi-
nition of "trade secrets" contained in the appropriate section of Chapter
6.7 of Division 20 of the Health and Safety Code and shall issue its deci-
sion. If the agency determines that the information is not a trade secret,
it shall act in accordance with subsection (c) of this section.
(e) All information received for which trade secrecy status is requested
shall be treated as confidential as discussed in subsection (f) of this sec-
tion until a final determination is made.
(0 Information which has been found to be confidential or which is be-
ing reviewed to determine if confidentiality should exist, shall be imme-
diately filed in a separate "confidential" file. If a document or portion of
a document is filed in a confidential file, a notation shall be filed with the
file document indicating that further information is in the confidential
file.
(g) Information contained in confidential files shall only be disclosed
to authorized representatives of the applicant or other governmental
agencies in connection with the agency's responsibilities pursuant to
Chapter 6.7 of the Health and Safety Code or Division 7 of the Water
Code.
(h) Nothing contained herein shall limit an applicant's right to prevent
disclosure of informafion pursuant to other provisions of law.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25290, Health and Safety Code.
History
1 . Amendment filed 8-9-91 as an emergency; operative 8-9-91 . Text remains in
effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Reg-
ister 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Appendix I
Table A
Suggested Test Methods
Applicable to Regulatory Requirements
Section
Number
2631(d)(6)
ASTMD-751,
(1989)
"Coated Fabrics"
ASTM D-1004
"Initial Tear Resistance of
(1988)
Plastic Film and Sheeting"
2631(d)(6)
ASTMD-413,
"Rubber Property - Adhesion
(1982)
to Flexible Substrate"
ASTMD-471
"Rubber Property - Effect of
(1979)
Liquids"
ASTM D-638
"Tensile Properties of Plastics"
(1989)
ASTM E-96
"Water Vapor Transmission
(1980)
of Materials"
2631(d)(6)
FTMS lOlC
"Puncture Resistance and
Method 2065
Elongation Test (1/8 inch
(1980)
Radius Probe)"
Section
Number
2631(d)(6) FTMS lOlC "Puncture Resistance"
Method 2031
(1980)
Table B
Organizations That Adopt
Voluntary Consensus Standards
ANSI American National Standards Institute
1430 Broadway New York, NY 10018
(212) 642-4900
API American Petroleum Institute
1220 L Street, N.W. Washington, D.C. 20005
(202) 682-8000
ASME The American Society of Mechanical Ensinei;rs
345 East 47th Street New York, NY 1001^7
(212)705-7800
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
(215)299-5400
NACE National Association of Corrosion Engineers
1440 South Creek Drive
Katy, TX 77450
(713)492-0535
NFPA National Fire Protection Association
Batterymarch Park
Quincy, MA 02269
(800) 244-3555
NLPA National Leak Prevention Association
P.O. Box 1643
Boise, ID 83701
(208) 389-2074
NSF National Sanitation Foundation
3475 Plymouth Road
Post Office Box 1468
Ann Arbor, MI 48106
(313)769-8010
UL Underwriters Laboratories
333 Pfingsten Road
Northbrook, IL 60062
(708) 272-8800
ULC Underwriters Laboratories of Canada, Inc.
7 Crouse Road
Scarborough, Ontario
Table C
"Guidelines Establishing Test Procedures for the Analysis of Pollut-
ants Under the Clean Water Act; Final Rule and Interim Final Rule and
Proposed Rule," EPA Fed. Reg. Vol. 49, No. 209, October 25, 1984.
"Manual of Methods for the Chemical Analysis of Water an(3 Wastes,"
EPA 600/4-79-020, March 1979.
"Procedures Manual for Ground Water Monitoring at Solid Waste
Disposal Facilities," EPA 530/SW-61 1, August 1977.
"Soil Sampling Quality Assurance User's Guide," EPA (300/4-84-
043, May 1984.
"Hazardous Waste Land Treatment," EPA SW-874, April 1983.
"Methods for Organic Chemical Analysis of Municipal and Industrial
Wastewater," EPA 600/4-82-057, July 1982.
"Handbook for Samphng and Sample Preservation of '^Vater and
Wastewater," EPA 600/4-82-029, September 1982.
"Manual of Analytical Quality Control for Pesticides and Related
Compounds in Human and Environmental Samples." EPA 600/2-
81-059, April 1981.
"EPA Test Methods for Evaluating Solid Waste - PhysicaL'Chemical
Method," SW-846
"Manual of Analytical Methods for the Analysis of Pesticides in Hu-
man and Environmental Samples," EPA 600/8-080-038.
"Standard Methods for the Examination of Water and Wastewater,"
American Public Health Assoc, American Water Works Assoc, Water
Pollution Control Federation, 1 5th Edition, 1981.
"Selected Analytical Methods Approved and Cited by the United
States Environmental Protection Agency," Supplement to the: Fifteenth
Edition of Standard Methods for the Examination of Water and Waste-
water, 1981.
Page 152.4
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Title 23
State Water Resources Control Board
§2714
"Guidelines on Sampling and Statistical Methodologies for Ambient
Pesticide Monitoring," Federal Working Group on Pest Management,
October 1974.
"American Society for Testing and Materials (ASTM) Annual Book
of Standards. Part 31, Water," 1982.
"Methods for Analysis of Organic Substances in Water." U.S. Geolog-
ical Survey, Techniques of Water-Resources Investigations, Book 5,
Chapter A3 1972.
"Criteria for Identification of Hazardous and Extremely Hazardous
Wastes," Sections 66693 through 66746, Article 11, Chapter 30, Divi-
sion 4. Title 22, California Code of Regulations.
"American Society for Testing and Materials (ASTM) Annual Book
of Standards. Parts 23-25, Petroleum Products and Lubricants, 1981 ."
History
1. Amendment of Appendix I filed 8-9-91 as an emergency; operative 8-9-91.
Text remain.s in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment of Tables B and C filed 4-5-94; operative 5-5-94 (Register94, No.
14).
Appendix II
Suction Piping Monitoring
Suction piping (piping operating at less than atmospheric pressure)
shall be monitored for the presence of air in the pipeline by observing the
suction pumping system for the following indicators:
(1) The cost/quantity display wheels on the meter suction pump skip
or jump during operation;
(2) The suction pump is operating, but no motor vehicle fuel is being
pumped;
(3) The suction pump seems to overspeed when first turned on and
then slows down as it begins to pump liquid; and
(4) A rattling sound in the suction pump and erratic flow indicating an
air and liquid mixture.
If any of the above indicators are observed during testing of the suction
piping system, the pipeline check valve should be inspected to determine
if it is seated tightly. If there is any doubt following the inspection that
the valve seats tightly, it should be repaired, replaced, or sealed off. Then
the suction pumping test should be repeated and, if air is still entering the
suction line, it is assumed that the pipe is leaking underground.
Written records of the daily monitoring shall be maintained at the fa-
cility site.
History
1. New Appendix II filed 8-9-91 as an emergency; operative 8-9-91. Text re-
mains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Amendment filed 4-5-94; operative 5-5-94 (Register 94, No. 14).
Appendix III
Examples of Quantitative Release Detection
Methods for Existing Tanks
Performance Suinilards
Section 2643(c)(1)
Performance Standards
Section 2643(b)(1)
Detection Method
Automatic Tank Gauging (MontWy)
Automatic Tank Gauging (Monthly) and
Manual Inventory Reconciliation
(Monthly)
Tank Integrity Test (Annually) and
Manual Inventory Reconciliation
(Monthly)
Statistical Inventory Reconciliation
(Monthly) and Tank Integrity Testing
(Biennially)
Manual Tank Gauging (Weekly) and
Tank Integrity Testing (Annually) Section 2645
Examples of Quantitative Release Detection
Methods for Single-Walled Pressure Piping
Section 2643(b)(2)
Section 2643(b)(4)
Section 2643(b)(3)
Section 2643(c)(3)
Section 2643(c)( 1 )
Section 2643(c)(3)
Detection Method
Automatic Line Leak Detector (Hourly)
and Automatic Electronic Line Leak
Detector (Monthly)
Performance Standards
Section 2643(c)(1)
Section 2643(c)(2)
Detection Method
Automatic Line Leak Detector (Hourly)
and Automatic Electronic Line Leak
Detector (Annually)
Automatic Line Leak Detector (Hourly)
and Line Tightness Test (Annually)
Automatic Electronic Line Leak Detectors
(Hourly) (meets both 2643(c)(1) and (3)
standards) Section 2643(c)(3)
Examples of Qualitative Release Detection
Methods for Single-Walled Suction Piping
Line Tightness Test (Triennially) Section 2643(d)
and Daily Monitoring Appendix II
Example of Qualitative Release Detection
Methods for Single-Walled Gravity Flow Piping
Line Tightness Test (Biennially) Section 2643(e)
Examples of Qualitative Release Detection
Methods for Existing Tanks and Piping
Vapor Monitoring Sections 2644(a) and (b)
or and 2647
Ground Water Monitoring Sections 2644(a) and (c)
and 2648
History
1. New Appendix IV filed 8-9-91 as an emergency; operative 8-9-91. Text re-
mains in effect uninterrupted pursuant to Health and Safety Code section
25299.7 (Register 92, No. 14).
2. Editorial correction of printing errors in History 1 (Register 92, No. 43).
3. Repealer and renumbering and amendment of former Appendix IV to Appendix
III filed 4-5-94; operative 5-5-94 (Register 94, No. 14). For prior history, see
Register 92, No. 43.
Appendix IV
Evaluation Procedure for Leak Detection Equipment
Leak detection equipment can be evaluated for performance in accor-
dance with one of the following three evaluation procedures:
1 . EPA Standard Test Procedures
EPA has developed a series of standard test procedures that cover most
of the methods commonly used for underground storage tank leak detec-
tion. These include:
a. "Standard Test Procedures for Evaluating Leak Detection Methods:
Volumetric Tank Tightness Testing Methods"
b. "Standard Test Procedures for Evaluating Leak Detection Methods:
Nonvolumetric Tank Tightness Testing Methods"
c. "Standard Test Procedures for Evaluating Leak Detection Methods:
Automatic Tank Gauging Systems"
d. "Standard Test Procedures for Evaluating Leak Detection Methods:
Statistical Inventory Reconciliation Methods"
e. "Standard Test Procedures for Evaluating Leak Detection Methods:
Vapor-Phase Out-of-Tank Product Detectors"
f. "Standard Test Procedures for Evaluating Leak Detection Methods:
Liquid-Phase Out-of-Tank Product Detectors"
g. "Standard Test Procedures for Evaluating Leak Detection Methods:
Pipeline Leak Detection Systems"
Each test procedure provides an explanation of how to conduct the
test, how to perform the required calculations, and how to report the re-
sults. The results from each standard test procedure provide the informa-
tion needed by tank owners and operators to determine if the method
meets the regulatory requirements.
EPA standard test procedures must be conducted by an independent
third party under contract to the manufacturer in order to prove com-
pliance with the regulations. Independent third-parties may include con-
sulting firms, test laboratories, not-for-profit research organizations, or
educational institutions with no organizational conflict of interest. In
general, evaluations are more likely to be fair and objective the greater
the independence of the evaluating organization.
2. National Consensus Code or Standard
A second way for a manufacturer to prove the performance of leak de-
tection equipment is to have an independent third party evaluate the sys-
tem following a national voluntary consensus code or standard devel-
Page 152.5
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§2714
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
oped by a nationally recognized association (e.g., ASTM, ASME, ANSI,
etc.). Throughout the technical regulations for underground storage
tanks, EPA has relied on national voluntary consensus codes to help tank
owners decide which brands of equipment are acceptable. Although no
such code presently exists for evaluating leak detection equipment, one
is under consideration by the ASTM D-34 subcommittee. Guidelines for
developing these standards may be found in the U.S. Department of
Commerce "Procedures for the Development of Voluntary Product Stan-
dards" (FR, Vol. 51, No. 118, June 29. 1986) and OMB Circular No.
A-119.
3. Alternative Test Procedures Deemed Equivalent to EPA's
In some cases, a specific leak detection method may not be adequately
covered by EPA standard test procedures or a national voluntary consen-
sus code, or the manufacturer may have access to data that makes it easier
to evaluate the system another way. Manufacturers who wish to have
their equipment tested according to a different plan (or who have already
done so) must have that plan developed or reviewed by a nationally rec-
ognized association or independent third-party testing laboratory (e.g.
Factory Mutual, National Sanitation Foundation, Underwriters Labora-
tory, etc.). The results should include an accreditation by the association
or laboratory that the conditions under which the test was conducted were
at least as rigorous as the EPA standard test procedure. In general, tliis
will require the following:
a. The evaluation tests the system both under the no-leak condition
and an induced-leak condition with an induced leak rate as close as possi-
ble to (or smaller than) the performance standard. In the case of tank test-
ing, this will mean testing under both 0.0 gallon per hour and 0. 1 gallon
per hour leak rates. In the case of ground water monitoring, this will mean
testing with 0.0 and 0.125 inch of free product.
b. The evaluation should test the system under at least as many differ-
ent environmental conditions as the corresponding EPA test procedure.
c. The conditions under which the system is evaluated should be at
least as rigorous as the conditions specified in the corresponding EPA test
procedure. For example, in the case of volumetric tank tightness testing,
the test should include a temperature difference between the delivered
product and that already present in the tank, as well as the deformation
caused by filling the tank prior to testing.
d. The evaluation results must contain the same information and
should be reported following the same general format as the EPA stan-
dard results sheet.
e. The evaluation of the leak detection method must include physical
testing of a full-sized version of the leak detection equipment, and a full
disclosure must be made of the experimental conditions under which: ( 1 )
the evaluation was performed, and (2) the method was recommended for
use. An evaluation based solely on theory or calculation is not sufficient.
History
1 . Renumbering of former Appendix IV to Appendix III and renumtiering of for-
mer Appendix V to Appendix IV filed 4-5-94; operative 5-3-94 ;Register 94,
No. 14). For prior history, see Register 92, No. 43.
Appendix V
Reserved.
History
1. Renumbering of former Appendix V to Appendix IV and renumbering and
amendment of former Appendix VI to Appendix V filed 4-5-94; operative
5-5-94 (Register 94, No. 14). For prior history, see Register 92. No. 43.
2. Change without regulatory effect repealing form C filed 5-19-94 pursuant to
tide 1, section 100, California Code of Regulations (Register 94, No. 20).
3. Repealer and reservation of appendix filed 12-18-2007; operafivt; 1-17-2008
(Register2007, No. 51).
Page 152.6
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Title 23
State Water Resources Control Board
§2714
Appendix VI
(Copies of Monitoring System Certification form and UST Monitoring Plot Plan available at http://www.swrch.ca.gov .)
MONITORING SYSTEM CERTIFICATION
For Use By AllJurtsdictions Within the State of California
Authority Cited: Chapter 6. 7, Health and Safety Code; Chapter 16, Division 3, Title 23, California Code of Regulations
This form must be used to document testing and servicing of monitoring equipment. A.separate certification or report must be prepared for each monitoring
system control panel by the technician who performs the work. A copy of this form must be provided to the tank system owner/operator. The
owner/operator must submit a copy of this form to the local agency regulating UST systems within 30 days of test date.
A. General Information
Facility Name:
BldK.No.:
Site Address:
Facilitv Contact Person:
Citv: Zip:
Contact Phone No.: ( )
Make/Model of MonitorinB Svstem: Date of Testing/Servicing: / /
B. Inventory of Equipment Tested/Certified
Check the appropriate boxes to indicate specific equipment inspected/serviced:
Tank ID:
Tank ID: II
D In-Tank Gauging Probe. Model
D Annular Space or Vault Sensor. Model
D Piping Sump / Trench Sensor(s). Model
D Fill Sump Sensor{s). Model
D Mechanical Line Leak Detector. Model
D Electronic Line Leak Detector. Model
D Tank Overfill / High-Level Sensor. Model
D Other {specify equipment type and modd in Sectio
D In-Tank Gauging Probe. Model
D Annular Space or Vauh Sensor. Model
D Piping Sump / Trench Sensorfsl. Model
D Fill Sump Sensortsl Model
D Mechanical Line Leak Detector. Model
1 D Electronic Line Leak Detector. Model
D Tank Overfill/ High-Level Sensor. Model
n E on Page 2). D Other (specify equipment type and modd in Section E on Page 2). \
Tank ID:
Tank ID: |
D In-Tank Gauging Probe. Model
D Annular Space or Vault Ssisor. Model
D Piping Sump / Trench' Sensor(s). Model
D Fill Sump Sensor(s). Model
D Mechanical Line Leak Detector. Model
□ Electronic Line Leak Detector. Model
Tank Overfill /High-Level Sensor. Model
D Other (specify equipment type and model in Sectio
n In-Tank Gauging Probe. Model
D Annular Space or VauU Sensor. Model
D Piping Sump / Trench Sensorts). Model
D Fill Sump SensorfsV Model
D Mechanical Line Leak Detector. Model
D Electronic Line Leak Detector. Model
D Tank Overfill /High-Level Sensor. Model
n Eon Page 2). D Other (specify equipment type and modd in Section E on Page 2).
Dispenser ID:
Dispenser ID:
n Dispenser Containment Sensor(s). Model
D Shear Valve(s).
n Dispenser Containment Float(s) and Chain(s).
D Dispenser Containment Sensor(s). Model:
D Shear Valve(s).
D Dispenser Containment Float(s) and Chain(s).
Dispenser ID:
D Dispenser Containment Sensor(s). Model
D Shear Valve(s).
D Dispenser Containment Float(s) and Chain(s).
Dispenser ID:
□ Dispenser Containment Sensor(s). Model:
D Shear Valve(s).
D Dispenser Containment Float(s) and Chain(s).
Dispenser ID:
D Dispenser Containment Sensor(s). Model
D Shear Valve(s).
D Dispenser Containment Float(s) and Chain(s
Dispenser ID:
D Dispenser Containment Sensor(s). Model:
D Shear Valve(s).
D Dispenser Containment Float(s) and Chain(s).
*If the facility contains more tanks or dispensers, copy this form. Include information for every tank and dispenser at the fecility.
C. Certification - I certify that the equipment identified in tliis document was inspected/serviced in accordance wltti tlie manufacturers' guidelines. Attaclied
to this Certification is information (e.g. manufacturers' checklists) necessary to verify that this information is correct and a Plot Plan showing the layout of
monitoring equipment. For any equipment capable of generating such reports, I have also attached a copy of the report; (check all that apply):
O System set-up D Alarm history report
Technician Name (print):
Certification No.:
Signature: _
License. No.
Testing Company Name:
Testing Company Address: .
Phone No.:(_
J_
. Date of Testing/Servicing:
/ /
Monitoring System Certification
Page 1 of 4
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Page 152.7
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§2714
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
D. Results of Testing/Servicing
Software Version Installed:
Complete the following checklist
D Yes
D No*
Is the audible alarm operational?
D Yes
D No*
Is the visual alarm operational?
D Yes
a No*
Were all sensors visually inspected, functionally tested, and confirmed operational?
Yes
D No*
Were all sensors installed at lowest point of secondary containment and positioned so that other equipment will not interfere with their proper
operation?
D Yes
□ No*
D N/A
If alarms are relayed to a remote monitoring station, is all communications equipment (e.g. modem) operational?
D Yes
D No*
D N/A
For pressurized piping systems, does the turbine automatically shut down if the piping secondary containment monitoring system detects a leak, fails
to operate, or is electrically disconnected? If yes: which sensors initiate positive shut-down? (Check all that apply) Sump/Trench Sen5ors; D
Dispenser Containment Sensors. Did you confirm positive shut-down due to leaks anc| sensor failure/disconnection? J Yes; D No.
a Yes
D No*
D N/A
For tank systems that utilize the monitoring system as the primary tank overfill warning device (i.e. no mechanical overfill prevention valve is
installed), is the overfill warning alarm visible and audible at the tank fill point(s) and operating properly? If so, at what percent of tank capacity
does the alarm trigger? %
n Yes*
D No
Was any monitoring equipment replaced? If yes, identify specific sensors, probes, or other equipment replaced and list the manufacturer name and
model for all rq?lacement parts in Section E, below.
D Yes*
D No
Was liquid found inside any secondary containment systems designed as dry systems? (Check all that apply) D Product; D Water. If yes, describe
causes in Section E, below.
D Yes
D No*
Was monitoring system set-up reviewed to ensure proper settings? Attach set up reports, if applicable
D Yes
D No*
Is all monitoring equipment operational per manufacturer's specifications?
* In Section E below, describe how and when these deflciencies were or will be corrected.
E.
Comments:
Monitoring System Certification
Page 2 of 4
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Register 2007, No. 5:.; 12-21-2007
Title 23
State Water Resources Control Board
§2714
•
•
F. In-Tank Gauging / SIR Equipment:
D Check this box if tank gauging is used only for inventory control.
D Check this box if no tank gauging or SIR equipment is installed.
This section must be completed if in-tank gauging equipment is used to perform leak detection monitoring.
Complete the following checklist:
D Yes
D No*
Has all input wiring been inspected for proper entry and termination, including testing for ground faults?
D Yes
D No*
Were all tank gauging probes visually inspected for damage and residue buildup?
D Yes
D No*
Was accuracy of system product level readings tested?
D Yes
D No*
Was accuracy of system water level readings tested?
D Yes
D No*
Were all probes reinstalled properly?
D Yes
D No*
Were all items on the equipment manufacturer's maintenance checklist completed?
* In the Section H, below, describe how and when these deficiencies were or will be corrected.
G. Line Leak Detectors (LLD): D Check this box ifLLDs are not installed.
Complete the following checklist
D Yes
D Yes
a Yes
D Yes
D Yes
D Yes
D Yes
n Yes
D Yes
n No*
a N/A
D No*
a No*
D No*
D N/A
D No*
D N/A
D No*
D N/A
D No*
D N/A
□ No*
D N/A
n No*
For equipment start-up or annual equipment certification, was a leak simulated to verify LLD performance? (Check all that
apply) Simulated leak rate: Q 3 g.p.h.; D 0.1 g.p.h ; D 0.2 g.p.h.
Were all LLDs confirmed operational and accurate within regulatory requirements?
Was the testing apparatus properly calibrated?
For mechanical LLDs, does the LLD restrict product flow if it detects a leak?
For electronic LLDs, does the turbine automatically shut off if the LLD detects a leak?
For electronic LLDs, does the turbine automatically shut off if any portion of the monitoring system is disabled or disconnected?
For electronic LLDs, does the turbine automatically shut off if any portion of the monitoring system malfunctions or fails a test?
For electronic LLDs, have all accessible wiring connections been visually inspected?
Were all items on the equipment manufacturer's maintenance checklist completed?
* In the Section H, beiow, describe how and when these deficiencies were or will be corrected.
H. Comments:
Monitoring System Certification
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§2714
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Monitoring System Certification
Site Address:
UST Monitoring Site Plan
•
•
Date map was drawn:
/ /
Instructions
If you already have a diagram that show« all required information, you may include it, rather than this page, with your Monitoring System Certification. On
your site plan, show the general layout of tanks and piping. Clearly identify locations of the following equipment, if installed: monitoring system control
panels; sensors monitoring tank annular spaces, sumps, dispenser pans, spill containers, or other secondary containment areas; mechanical or electionic line
leak detectors; and in-tank liquid level probes (if used for leak detection). In the space provided, note the date this Site Plan was prepared.
Monitoring System Certificadon
Page 4 of 4
12/07
History
1 . New Appendix VI filed 5-14-2001 ; operative 5-14-2001 pursuant to Govern-
ment Code section 11343.4 (Register 2001, No. 20). For prior history, see Reg-
ister 94, No. 14.
2. Amendment filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
Page 152.10
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§2715
§ 2715. Certification, Licensing, and Training
Requirements for Underground Storage Tank
Owners, Operators, Installers, Service
Technicians, and Inspectors.
(a) By January 1, 2005, owners of underground storage tank systems
shall submit a signed statement to the local agency indicating that the
owner understands and is in compliance with all applicable underground
storage tank requirements, and identifying the designated UST opera-
tor(s) for each facility owned. The owner shall inform the local agency
of any change of designated UST operator(s) no later than 30 days after
the change.
(b) Effective January 1, 2005, designated UST operators shall possess
a current certificate issued by the International Code Council (ICC) indi-
cating he or she has passed the California UST System Operator exam.
The individual shall renew the ICC certification, by passing the Califor-
nia UST System Operator exam, every 24 months.
(c) The designated UST operator(s) shall perform monthly visual in-
spections of all underground storage tank systems for which they are des-
ignated. The results of each inspection shall be recorded in a monthly in-
spection report. The monthly visual inspection shall include, but is not
limited to, the following:
( 1 ) Reviewing the alarm history report or log for the previous month,
and checking that each alarm condition was documented and responded
to appropriately. A copy of the alarm history report or log, along with
documentation describing action taken in response to any alarm(s), shall
be attached to the monthly visual inspection record.
(2) Inspecting for the presence of hazardous substance, water, or de-
bris in spill containers.
(3) Inspecting for the presence of hazardous substance, water, or de-
bris in under-dispenser containment areas, and checking that the moni-
toring equipment in these areas is located in the proper position to detect
a leak at the earliest possible opportunity.
(4) Inspecting for the presence of hazardous substance, water, or de-
bris in containment sumps that, in the past month, have had an alarm for
which there is no record of a service visit, and checking that the monitor-
ing equipment in these containment sumps is located in the proper posi-
tion to detect a leak at the earliest possible opportunity.
(5) Checking that all required testing and maintenance for the under-
ground storage tank system have been completed, and documenting the
dates these activities occurred.
(6) Verifying that all facility employees have been trained in accor-
dance with subdivision 2715(f).
(d) The designated UST operator(s) shall provide the owner or opera-
tor with a copy of each monthly inspection report, and alert the owner or
operator of any condition discovered during the monthly visual inspec-
tion that may require follow-up actions.
(e) The owner or operator shall maintain a copy of the monthly inspec-
tion record and all attachments for the previous twelve months. The re-
cords shall be maintained on-site or, if approved by the local agency, off-
site at a readily available location.
(f) By July 1 , 2005, and every twelve months thereafter, the designated
UST operator(s) shall train facihty employees for which he or she is re-
sponsible in the proper operation and maintenance of the underground
storage tank system. For facility employees hired on or after July 1 , 2005,
the initial training shall be conducted within 30 days of the date of hire.
( 1 ) The training for facility employees must include, but is not limited
to:
(A) The operation of the underground storage tank system in a manner
consistent with the facihty' s best management practices.
(B) The facility employee's role with regard to the monitoring equip-
ment as specified in the facility's monitoring plan.
(C) The facility employee's role with regard to spills and overfills as
specified in the facility's response plan.
(D) The name of the contact person(s) for emergencies and monitoring
equipment alarms.
(2) At least one of the facility employees present during operating
hours shall have current training in accordance with subdivision (f)( 1 ).
For facilities that are not routinely staffed, the designated UST operator
shall implement a facility employee training program approved by the lo-
cal agency.
(3) A list of facility employees who have been trained by the desig-
nated UST operator(s), shall be maintained on-site or off-site at a readily
available location, if approved by the local agency. The list shall be pro-
vided to the local agency upon request. The list shall include the dates of
training for all facility employees, and the hiring dates for all facility em-
ployees hired on or after July 1, 2005.
(g) Any person(s) installing underground storage tank systems or
components shall be certified or licensed by the Contractors State Li-
cense Board.
(h) Any individual(s) installing underground storage tank system
components shall meet the following requirements, or work under the di-
rect and personal supervision of an individual physically present at the
work site who meets the following requirements:
(1 ) The individual has been adequately trained as evidenced by a cer-
tificate of training issued by the manufacturer(s) of the underground stor-
age tank system components. On and after July 1 , 2001 , this certification
shall be renewed by completion of manufacturer's refresher training at
the time interval recommended by the manufacturer, or every 36 months,
whichever is shorter.
(2) Effective January 1 , 2005, the individual shall possess a current un-
derground storage tank system installer certificate from the International
Code Council (ICC), indicating that the individual has passed the ICC
UST Installation/Retrofitting exam. The individual shall renew the ICC
certification, by passing the ICC UST Installation/Retrofitting exam, ev-
ery 24 months.
(i) Any individual performing the work of a service technician must
meet all of the following requirements:
( 1 ) Possess or be employed by a person who possesses a current Class
"A" General Engineering Contractor License, C-10 Electrical Contrac-
tor License, C-34 Pipehne Contractor License, C-36 Plumbing Contrac-
tor License, or a C-61 (D40) Limited Specialty Service Station Equip-
ment and Maintenance Contractor License issued by the Contractors
State License Board, as applicable. Individuals who possess a tank test-
ing license issued by the State Water Resources Control Board satisfy the
licensing requirement of this paragraph.
(2) Be trained and certified by the manufacturer of the equipment as
follows:
(A) For service technicians conducting secondary containment testing
pursuant to section 2637(a), this training and certification may be ob-
tained through the developer of the tesfing equipment or test method be-
ing used, or through the manufacturer of the secondary containment sys-
tem being tested, as applicable.
(B) For service technicians performing work on monitoring equip-
ment, training and certification shall be obtained from the manufacturer
of the monitoring equipment.
(C) In the event that no training or certification exists that would satis-
fy the criteria of subparagraph (i)(2)(A) or (B), the local agency may ap-
prove comparable alternate training or certification.
(3) Renew all training and certifications issued by the manufacturer,
through complefion of a manufacturer's refresher course, at the time in-
terval recommended by the manufacturer, or every 36 months, whichev-
er is shorter.
(4) Effective July 1, 2005, service technicians shall possess or work
under the direct and personal supervision of an individual physically
present at the work site who possesses a current certificate from the In-
ternational Code Council (ICC), indicafing he or she has passed the
California UST Service Technician exam. If the California UST Service
Technician exam is not available by July 1, 2004. this requirement shall
be effective twelve months after the dale the exam is available. The indi-
Page 152.11
Register 2007, No. 51; 12-21-2007
§2717
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
vidual shall renew the ICC certification, by passing the California UST
Service Technician exam, every 24 months.
(j) Local agency inspectors or special inspectors conducting under-
ground storage tank inspections must meet the following requirements:
( 1 ) Effective September 1 , 2005, these individuals shall possess a cur-
rent inspector certificate issued by the International Code Council (ICC),
indicating he or she has passed the ICC California UST Inspector exam.
Local agency inspectors hired on or after September 1 , 2005, are subject
to this requirement 180 days from the date of hire. If the ICC California
UST Inspector exam is not available by September 1 , 2004, this require-
ment shall be effective twelve months after the date the exam is available.
(2) These individuals shall renew the California inspector certificate
every 24 months, by either passing the ICC California UST Inspector
exam or satisfying equivalent criteria as approved by the Division of Wa-
ter Quality Underground Storage Tank Program Manager.
NOTE: Authority cited: Section 25299.3, Health and Safety Code. Reference: Sec-
tions 25281 and 25284.1, Health and Safety Code; and 40 CFR 280.20.
History
1. New section filed 4-8-2004; operative 5-8-2004 (Register 2004, No. 15).
Article 10.5. Red Tag Authority
§2717. Additional Definitions.
(a) "Significant Violation" means the failure of a person to comply
with any requirement of Chapter 6.7 of the Health and Safety Code or any
regulation adopted pursuant to Chapter 6.7, not including the corrective
action requirements in Section 25296.10 of the Health and Safety Code
and Article 1 1 of Chapter 16 of Title 23 of the regulations, that is any of
the following:
( 1 ) A violation that is causing, or threatens to cause a liquid release of
petroleum from an underground storage tank system, including, but not
limited to: the failure of any required overfill prevention system, where
the failure is causing or threatens to cause a release; or the failure of a re-
quired spill containment structure, where the failure is causing or threat-
ens to cause a release to the environment due to a spill or an overfill.
(2) A violation that impairs the ability of an underground storage tank
system to detect a liquid leak or contain a liquid release of petroleum in
the manner required by law, including, but not limited to: tampering with
leak detection equipment so that the equipment is no longer capable of
detecting a leak at the earliest possible opportunity.
(3) A chronic violation or a violation that is committed by a recalcitrant
violator. In determining whether a violation is chronic or a violator is re-
calcitrant, the local agency shall consider whether there is evidence indi-
cating that the violator has engaged in a pattern of neglect or disregard
with respect to any requirement of Chapter 6.7 or of any regulation
adopted pursuant to Chapter 6.7, not including the corrective action re-
quirements in Section 25296.10 of the Health and Safety Code and Ar-
ticle 1 1 of Chapter 16 of Title 23 of the regulations.
(b) "Imminent threat to human health or safety or the environment"
means a condition that creates a substantial probability of harm, when the
probability and potential extent of harm make it reasonably necessary to
take immediate action to prevent, reduce, or mitigate the actual or poten-
tial damages to human health or safety or the environment.
NOTE: Authority cited: Sections 25292.3(g), 25299.3 and 25299.7, Health and
Safety Code. Reference: Section 25292.3, Health and Safety Code.
History
L New article 10.5 (sections 2717-2717.7) and section filed 5-13-2004; opera-
tive 6-12-2004 (Register 2004, No. 20).
§ 271 7.1 . Affixing Red Tags.
(a) Upon the discovery of a significant violation that poses an immi-
nent threat to human health or safety or the environment, the local agency
may immediately affix a red tag to the fill pipe of the non-compliant un-
derground storage tank system using a tamper-resistant strap or straps,
fill pipe bag, or any combination thereof so that the tag is visible to any
person attempting to deliver petroleum to the underground storage tank.
Immediately after affixing a red tag pursuant to this subdivision, the local
agency shall notify the operator, if present on site, of the significant viola-
tion(s) for which the red tag was issued. Within 24 hours of affixing a red
tag pursuant to this subdivision, the local agency shall notify the owner
of the significant violation(s) for which the red tag was issued.
(b) Upon the discovery of a significant violation that does not pose an
imminent threat to human health or safety or the environment and that is
not otherwise exempt pursuant to Section 2717.4, the local agency may
issue a notice of significant violation to the owner and operator identify-
ing the significant violation(s). If the owner or operator fails to correct
the significant violation within seven business days from re:;eipt of the
notice, the local agency may affix a red tag to the fill pipe of th(j non-com-
pliant underground storage tank system using a tamper-resislant strap or
straps, fill pipe bag, or any combination thereof so that the tag is visible
to any person attempting to deliver petroleum to the underground storage
tank.
(c) Before affixing a red tag to the fill pipe of an underground storage
tank system, the local agency shall document the level of stored product
in the tank.
(d) The board shall provide red tags, fill pipe bags, and tamper-resis-
tant straps made of nylon or other durable, damage resistant material to
local agencies upon request, and local agencies shall use only red tags,
fill pipe bags, and tamper-resistant straps provided by the board.
(e) No owner or operator of a facility may deposit or allow the deposit
of petroleum into an underground storage tank system that has a red tag
affixed to the system's fill pipe.
(f) No person may deposit petroleum into an underground storage tank
system that has a red tag affixed to its fill pipe.
(g) Except as otherwise provided in Section 2717.2, no person shall
remove, deface, alter, or otherwise tamper with a red tag so that the in-
formadon contained on the tag is not legible.
(h) If a permit is required by the local agency in order to correct one
or more significant violafions identified pursuant to subdivisions (a) or
(b), the local agency shall, to the extent feasible, expedite its review and
issuance of such permit(s).
NOTE; Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§ 2717.2. Removing Red Tags.
(a) Upon nofification by the owner or operator documenting to the sat-
isfaction of the local agency that the significant violation has been cor-
rected, the local agency may provide written authorization to the owner
or operator to remove the red tag. The local agency shall ins pect the un-
derground storage tank system within five business days of notification
to determine whether the system continues to be in significant violafion,
regardless of whether it has authorized removal of the red tag by the own-
er or operator. If, upon inspection, the local agency determines that the
system is no longer in significant violation and it has not already autho-
rized removal of the red tag, the local agency shall immediarely remove
the red tag.
(b) Upon removing a red tag from an underground storage tank sys-
tem, the local agency shall document the level of stored product in the
tank. If the owner or operator removes a red tag pursuant to written autho-
rizafion by the local agency, the owner or operator shall document the
level of stored product in the tank immediately after removing the red tag.
(c) A red tag that has been removed by the owner or operator shall be
returned to the local agency within five business days, or sooner if re-
quested by the local agency.
Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
Page 152.12
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
^2721
§ 2717.3. Removal of Red Tag from Emergency Generator
Tank Systems Prior to Correction of Significant
Violation.
Notwithstanding any other provision of this Article, a local agency
may remove or authorize the removal of a red tag from an emergency
generator tank system before a significant violation has been corrected
if the local agency determines that an emergency situation exists requir-
ing operation of the system and the delivery of petroleum is necessary for
the continued operation of the system during the emergency. For pur-
poses of this section, an "emergency generator tank system" means an
underground storage tank system that provides power supply in the event
of a commercial power failure, stores petroleum, and is used solely in
connection with an emergency system, legally required standby system,
or optional standby system, as defined in Articles 700, 701, and 702 of
the National Electrical Code of the National Fire Protection Association.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Sections 25281.5 and 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§ 2717.4. Notice of Correction of Significant Violation.
Upon making a determination that a significant violation has been cor-
rected, the local agency shall notify the owner or operator in writing of
its determination.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§ 2717.5. Significant Violations Exempt From Red Tags.
(a) If an underground storage tank system component is found to be
in significant violation during periodic testing of the component, a local
agency may issue a notice of significant violation or affix a red tag only
if:
(1) the violation poses an imminent threat to human health or safety
or the environment; or
(2) there is evidence the component in violation has been tampered
with; or
(3) the owner or operator fails to take appropriate action to correct the
violation.
NOTE: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code.
Reference: Section 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).
§ 271 7.6. Content of Red Tags.
(a) A red tag shall be red in color and 3 inches wide by 5 inches long
and made of plastic or other durable and damage resistant material.
(b) Red tags shall bear the following information on both sides of the
tag:
(1) The following wording, printed in white at the top of the tag in all
capital letters in at least 36 point bold-faced type: "PETROLEUM DE-
LIVERY PROHIBITED!"
(2) The following wording, printed in white below the wording de-
scribed in subdivision (b)(1) in at least 16 point type: "Delivering petro-
leum, or removing, defacing, altering, or otherwise tampering with this
tag may result in civil penalties of up to $5000 per day."
(3) Printed below the wording described in subdivision (b)(2), the fol-
lowing wording in at least 16 point type: "If you have questions, please
contact:"
(A) Following the wording described in subdivision (b)(3), there shall
be a blank area at least 1/2 inch wide by three inches long in which the
local agency shall write legibly in permanent ink its name and telephone
number.
(4) In the lower left hand comer, a unique identification number im-
printed mechanically at the time of production.
(5) In the lower right hand corner, a graphic comprised of a blue back-
ground, the letters SWRCB in black, and white wavy lines depicting w a-
ter.
NOTE: Authority cited: Sections 25299.3 and 25299.7. Heahh and Safctv Code.
Reference: Section 25292.3, Health and Safety Code.
History
1. New section filed 5-13-2004; operative 6-12-2004 (Register 2004. No. 20).
§ 2717.7. Enforcement Scope of Article.
Nothing in this Article shall be constmed as prohibiting the local
agency, board, regional board, or any other prosecuting agency from tak-
ing any other action as provided for by law, including but not limited to
requiring removal of the stored substance from the tank pursuant to Sec-
tion 2652 or revoking or modifying the operating permit pursuant to Sec-
tion 25285.1 of the Health and Safety Code.
NOTE: Authority cited: Sections 25299.3 and 25299.7. Health and Safety Code.
Reference: Section 25292.3, Health and Safety Code.
History
1. New secuon filed 5-13-2004; operative 6-12-2004 (Register 2004. No. 20).
Article 1 1 . Corrective Action Requirements
§ 2720. Additional Definitions.
Unless the context clearly requires otherwise, the following defini-
tions shall apply to terms used in this Article.
"Corrective action" means any activity necessary to investigate and
analyze the effects of an unauthorized release; propose a cost-effective
plan to adequately protect human health, safety, and the environment and
to restore or protect current and potential beneficial uses of water; and
implement and evaluate the effectiveness of the activity(ies). Corrective
acfion does not include any of the following acfivities:
(1) Detecfion, confirmadon, or reporting of the unauthorized release;
or
(2) Repair, upgrade, replacement or removal of the underground stor-
age tank.
"Cost-effective" means actions that achieve similar or greater water
quality benefits at an equal or lesser cost than other correcdve actions.
"Federal act" means Subchapter IX (commencing with SecUon 6991 )
of Chapter 82 of Title 42 of the United States Code, as added by the Haz-
ardous and Solid Waste Amendments of 1 984 (P.L. 98-6 1 6), or as it may
subsequently be amended or supplemented, and the regulations adopted
pursuant thereto.
"Regulatory agency" means the Board, regional board, or any local,
state, or federal agency which has responsibility for regulating under-
ground storage tanks or which has responsibility for overseeing cleanup
of unauthorized releases from underground storage tanks.
"Responsible party" means one or more of the following:
(1) Any person who owns or operates an underground storage tank
used for the storage of any hazardous substance;
(2) In the case of any underground storage tank no longer in use, any
person who owned or operated the underground storage tank immediate-
ly before the discontinuation of its use;
(3) Any owner of property where an unauthorized release of a hazard-
ous substance from an underground storage tank has occurred; and
(4) Any person who had or has control over a underground storage
tank at the time of or following an unauthorized release of a hazardous
substance.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.37, Health and Safety Code and 40 CFR Section 280.12.
History
1. New secdon filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§ 2721 . General Applicability of Article.
(a) Responsible parties for an underground storage tank shall comply
with the requirements of this article whenever there is any reportable un-
authorized release pursuant to Seed on 25295 of Chapter 6.7.
Page 152.13
Register 2007, No. 51; 12-21-2007
§2722
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(b) Responsible parties shall take corrective action in compliance with
the following requirements:
(1) all applicable waste discharge requirements or other order issued
pursuant to Division 7, commencing with Section 13000 of the Porter-
Cologne Water Quality Control Act (Water Code);
(2) all applicable state policies for water quality control adopted pur-
suant to Article 3 (commencing with Section 13140) of Chapter 3 of Di-
vision 7 of the Water Code;
(3) all applicable water quality control plans adopted pursuant to Ar-
ticle 3 (commencing with Section 13240) of Chapter 4 of Division 7 of
the Water Code;
(4) all applicable requirements of Chapter 6.7 (commencing with Sec-
tion 25280) and the regulations (Chapter 16, Title 23 CCR) promulgated
thereto; and
(5) all applicable requirements of Article 4 of Chapter 6.75 of the
Health and Safety Code, the applicable provisions of this Chapter, and
the Federal act.
(c) When acting as the regulatory agency, the Board or regional board
shall take appropriate action pursuant to Division 7. commencing with
Section 1 3000 of the California Water Code, to ensure that corrective ac-
tion complies with applicable policies for water quality control and appU-
cable water quality control plans.
(d) The regulatory agency responsible for overseeing corrective action
at an underground storage tank site shall comply with the applicable pub-
lic participation provisions of Section 2728 of this Article.
(e) Upon completion of required corrective action, the regulatory
agency shall inform the responsible party in writing that no further work
is required at that time, based on available information. This written no-
tice shall constitute agency concurrence on the completed corrective ac-
tion.
NOTE; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37, 25299.54, 25295 and 25298, Health and Safety Code and 40
CFR Section 280.67.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§ 2722. Scope of Corrective Action.
(a) Corrective action includes one or more of the following phases:
(1) Preliminary Site Assessment Phase
(2) Soil and Water Investigation Phase;
(3) Corrective Action Plan Implementation Phase; and
(4) Verification Monitoring Phase.
(b) The responsible party shall take or contract for interim remedial ac-
tions, as necessary, to abate or correct the actual or potential effects of an
unauthorized release. Interim remedial actions can occur concurrently
with any phase of corrective action. Before taking interim remedial ac-
tion, the responsible party shall notify the regulatory agency of the pro-
posed action and shall comply with any requirements that the regulatory
agency sets. Interim remedial actions include, but are not limited to, the
following:
(1) removal of free product. Free product removal must comply with
the applicable provisions of Section 2655 of Article 5;
(2) enhanced biodegradation to promote bacterial decomposition of
contaminants;
(3) excavation and disposal of contaminated soil;
(4) excavation and treatment of contaminated soil;
(5) vacuum extraction of contaminants from soil or ground water; and
(6) pumping and treatment of ground water to remove dissolved con-
taminants.
(c) The responsible party shall submit a workplan to the regulatory
agency responsible for overseeing corrective action at the underground
storage tank site, under the conditions listed below. If no regulatory
agency has assumed responsibility for overseeing corrective action, the
responsible party shall submit the workplan to the regional board with ju-
risdiction for the site where the underground storage tank is or was lo-
cated:
(1) for proposed activities under the Preliminary Site A.ssessment
Phase, if directed by the regulatory agency; and
(2) before initiating any work in accordance with Sections 2725 and
2727 of this Article.
(d) The workplan shall include the proposed actions and a proposed
schedule for their completion. The responsible party shall modify the
workplan, as necessary, at the direction of the regulatory agency.
(e) In the interest of minimizing environmental contamination and
promoting prompt cleanup, the responsible party may begin inplementa-
tion of the proposed actions after the workplan has been sulDiriitted and
before it has received agency concurrence. Implementation of the work-
plan may begin sixty (60) calendar days after submittal, unless the re-
ponsible party is otherwise directed in writing by the regulatory agency.
Before beginning these activities, the responsible party shall:
(1) notify the regulatory agency of the intent to initiate the proposed
actions included in the workplan submitted; and
(2) comply with any conditions set by the regulatory agency, including
mitigation of adverse consequences from cleanup activities.
NOTE; Authority cited: Section 25299.77, Health and Safety Cod;. Reference:
Sections 25295, 25297, 25299.14, 25299.37 and 25299.78, Health and Safety
Code and 40 CFR Sections 280.53 and 280.60 through 280.66, and S ection 1 3267
Water Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§ 2723. Preliminary Site Assessment Phase.
(a) The Preliminary Site Assessment Phase includes, at a minimum,
initial site investigation, initial abatement actions and initial site charac-
terization in accordance with Sections 2652, 2653, and 2654 of Article
5 and any interim remedial actions taken in accordance Vv'ith Section
2722(b) of this Article.
(b) Implementation of any of the interim remedial actions or any of the
activities included in the Preliminary Site Assessment Phase shall consti-
tute initiation of corrective action.
NOTE; Authority cited: Section 25299.77, Health and Safely Code. Reference:
Sections 25295, 25298 and 25299.37, Health and Safety Code and 40 CFR Sec-
tions 280.61 and 280.62.
History
1 . New section filed 12-2-91 as an emergency: operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1 . (Register 92, No. 43).
§ 2724. Conditions That Require Soil and Water
Investigation.
The responsible party shall conduct investigations of the imauthorized
release, the release site, and the surrounding area possibly affected by the
unauthorized release, if any of the following conditions exists:
(1) There is evidence that surface water or ground water has been or
may be affected by the unauthorized release;
(2) Free product is found at the site where the unauthorized release oc-
curred or in the surrounding area;
(3) There is evidence that contaminated soils are or may be in contact
with surface water or ground water; or
(4) The regulatory agency requests an investigation, based on the ac-
tual or potential effects of contaminated soil or ground water on nearby
surface water or ground water resources or based on the increased risk
of fire or explosion.
NOTE; Authority cited: Section 25299.77, Health and Safety Cole. Reference:
Section 25299.37, Health and Safety Code and 40 CFR Sections 280.61 through
280.64
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
Page 152.14
Register 2007, No. .'il; 12-21-2007
Title 23
State Water Resources Control Board
§2728
§ 2725. Soil and Water Investigation Phase.
(a)Thc Soil and Water Investigation Piiase includes the collection and
analysis of data necessary to assess the nature and vertical and lateral ex-
tent of the unauthorized release and to determine a cost-effective method
of cleanup.
(b) Using information obtained during the investigation, the responsi-
ble party shall propose a Corrective Action Plan. The Corrective Action
Plan shall consist of those activities determined to be cost-effective.
(c) The responsible party shall submit the Corrective Action Plan to
the regulatory agency for review and concurrence. The regulatory
agency shall concur with the Corrective Action Plan after determining
that implementation of the plan will adequately protect human health,
safety and the environment and will restore or protect current or potential
beneficial uses of water. The responsible party shall modify the Correc-
tive Action Plan in response to a final regulatory agency directive.
(d) The Corrective Action Plan shall include the following elements:
( 1 ) an assessment of the impacts listed in subsection (e) of this Section;
(2) a feasibility study, in accordance with subsection (f) of this Sec-
tion; and
(3) applicable cleanup levels, in accordance with subsection (g) of this
Section.
(e) An assessment of the impacts shall include, but is not limited to, the
following:
(1) The physical and chemical characteristics of the hazardous sub-
stance or its constituents, including their toxicity, persistence, and poten-
tial for migration in water, soil, and air;
(2) The hydrogeologic characteristics of the site and the surrounding
area where the unauthorized release has migrated or may migrate;
(3) The proximity and quality of nearby surface water or ground water,
and the current and potential beneficial uses of these waters;
(4) The potential effects of residual contamination on nearby surface
water and ground water; and
(f) The responsible party shall conduct a feasibility study to evaluate
alternatives for remedying or mitigating the actual or potential adverse
effects of the unauthorized release. Each alternative shall be evaluated
for cost-effectiveness, and the responsible party shall propose to imple-
ment the most cost-effective corrective action.
(1) For all sites, each recommended alternative shall be designed to
mitigate nuisance conditions and risk of fire or explosion;
(2) For sites where the unauthorized release affects or threatens waters
with current or potential beneficial uses designated in water quality con-
trol plans, the feasibility study shall also identify and evaluate at least two
alternatives for restoring or protecting these beneficial uses;
(3) For sites where the unauthorized release affects or threatens waters
with no current or potential beneficial uses designated in water quality
control plans, the feasibility study shall identify and evaluate at least one
alternative to satisfy paragraph (1) of this subsection.
(g) Cleanup levels for ground or surface waters, affected or threatened
by the unauthorized release, shall comply with the requirements of Sec-
tion 2721(b) and shall meet the following requirements:
(1) For waters with current or potential beneficial uses for which nu-
merical objectives have been designated in water quality control plans,
the responsible party shall propose at least two alternatives to achieve
these numerical objectives;
(2) For waters with current or potential beneficial uses for which no
numerical objectives have been designated in water quality control plans,
the responsible party shall recommend target cleanup levels for long-
term corrective actions to the regulatory agency for concurrence. Target
cleanup levels shall be based on the impact assessment, prepared in ac-
cordance with subsection (e) of this Section.
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37 and 25299.57, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§ 2726. Corrective Action Plan Implementation Phase.
(a) The Corrective Action Plan Implementation Phase consists of car-
rying out the cost-effective alternative selected during the Soil and Wa-
ter Investigation Phase for remediation or mitigation of the actual or po-
tential adverse effects of the unauthorized release.
(b) Upon concurrence with the Corrective Action Plan or as directed
by the regulatory agency, the responsible party shall implement the Cor-
rective Action Plan. The responsible party shall monitor, evaluate, and
report the results of implementation of the Corrective Action Plan on a
schedule agreed to by the regulatory agency.
(c) In the interest of minimizing environmental contamination and
promoting prompt cleanup, the responsible party may begin cleanup of
soil and water after the Corrective Action Plan has been submitted and
before it has received agency concurrence. Implementation of the Cor-
rective Action Plan may begin sixty (60) calendar days after submittal,
unless the responsible party is otherwise directed in writing by the regula-
tory agency. Before beginning this cleanup, the responsible party shall:
( 1 ) notify the regulatory agency of its intention to begin cleanup; and
(2) comply with any conditions set by the regulatory agency, including
mitigation of adverse consequences from cleanup activities.
(d) The responsible party shall modify or suspend cleanup activities
when directed to do so by the regulatory agency.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.37, Health and Safety Code and 40 CFR Sections 280.65 and
280.66.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1 . (Register 92, No. 43).
§ 2727. Verification Monitoring Phase.
(a) The Verification Monitoring Phase includes all activities required
to verify implementation of the Corrective Action Plan and evaluate its
effectiveness.
(b) The responsible party shall verify completion of the Corrective Ac-
tion Plan through sampling or other monitoring of soil and/or water for
such period of time and intervals agreed to by the regulatory agency. Us-
ing the monitoring results obtained pursuant to this Section and any other
relevant data obtained pursuant to this Article, the responsible party shall
evaluate the effectiveness of the site work.
(c) The responsible party shall submit monitoring data and an evalua-
tion of the results of such monitoring in writing on a schedule and for a
duration agreed to by the regulatory agency.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.37, Health and Safety Code and 40 CFR Section 280.65.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
§ 2728. Public Participation.
(a) For each confirmed unauthorized release that requires a Corrective
Action Plan, the regulatory agency shall inform the public of the pro-
posed activities contained in the Corrective Action Plan. This notice shall
include at least one of the following:
( 1 ) publication in a regulatory agency meeting agenda;
(2) public notice posted in a regulatory agency office;
(3) public notice in a local newspaper;
(4) block advertisements;
(5) a public service announcement;
(6) letters to individual households; or
(7) personal contacts with the affected parties by regulatory agency
staff
(b) The regulatory agency shall ensure that information and decisions
concerning the Corrective Action Plan are made available to the public
for inspection upon request.
(c) Before concurring with a Corrective Action Plan, the regulatory
agency may hold a public meeting when requested by any member of the
Page 152.15
Register 2007, No. 51; 12-21 -2007
§2729
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
public, if there is sufficient public interest on the proposed Corrective
Action Plan.
(d) Upon completion of corrective action, the regulatory agency shall
give public notice that complies with subsection (a) of this Section, if
both of the following conditions apply:
( 1 ) Implementation of the Corrective Action Plan does not achieve the
cleanup levels established in the Corrective Action Plan; and
(2) The regulatory agency does not intend to require additional correc-
tive action, except for monitoring in accordance with Section 2727.
(e) The regulatory agency shall comply with all applicable provisions
of the California Environmental Quality Act, Public Resources Code,
commencing with Section 2 1 000.
NOTE: Authority cited: Section 25299.77. Health and Safety Code. Reference:
Sections 25299.37 and 25299.78, Health and Safety Code and 40 CFR Sections
280.65 through 280.67.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect unintemjpted pursuant to Health and Safety Code section 25299.77
(Register 92. No. 9).
2. Editorial correction of printing errors in Hlstory 1. (Register 92, No. 43).
5. New section refiled 8-26-2003 as an emergency; operative 8-30-2003 (Regis-
ter 2003, No. 35). A Certificate of Compliance must be transmittt:d to OAL by
1 2-29-2003 or emergency language will be repealed by operation of law on the
following day.
6. Repealed by operation of Government Code section 11346. i(e) (Register 2004,
No. 33).
Article 12. Electronic Submission of
Laboratory Data for UST Reports
§ 2729. Definitions.
NOTE: Authority cited: Section 13197.5. Water Code; and Section 25299.3,
Health and Safety Code. Reference: Sections 13195(b) and 13198, Water Code.
History
1 . New article 12 (sections 2729-2729. 1 ) and section filed 5-30-2001 as an emer-
gency; operative 9-1-2001 (Register 2001, No. 22). Pursuant to Water Code
section 13197.5, a Certificate of Compliance must be transmitted to OAL by
9-1-2002 or emergency language will be repealed by operation of law on the
following day.
2. New article 12 (sections 2729-2729.1) and section refiled with amendment of
N(m-; 8-23-2002 as an emergency; operative 9-1-2002 (Register 2002, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-30-2002
or emergency language will be repealed by operation of law on the following
day.
3. New article 12 (secfions 2729-2729.1) and section refiled 12-31-2002 as an
emergency; operative 12-31-2002 (Register 2003, No. 1). A Certificate of
Compliance must be transmitted to OAL by 4-30-2003 or emergency language
will be repealed by operation of law on the following day.
4. New article 12 (secfions 2729-2729.1) and section refiled 4-28-2003 as an
emergency; operative 5-1-2003 (Register 2003, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-29-2003 or emergency language will
be repealed by operation of law on the following day.
5. New article 12 (secfions 2729-2729.1) and section refiled 8-26-2003 as an
emergency; operative 8-30-2003 (Register 2003, No. 35). A Certificate of
Compliance must be transmitted to OAL by 12-29-2003 or emergency lan-
guage will be repealed by operafion of law on the following day.
6. Repealer of article 12 (secfions 2729-2729.1 ) and section by operafion of Gov-
ernment Code secfion 11 346. 1(g) (Register 2004, No. 33).
§ 2729.1 . Electronic Submission of Laboratory Reports.
NOTE: Authority cited: Secfion 13197.5, Water Code; and Section 25299.3,
Health and Safety Code. Reference: Sections 13196(a), 13197.5(a), (c), (d)(2) and
13198, Water Code.
History
1. New secfion filed 5-30-2001 as an emergency; operafive 9-1-2001 (Register
2001, No. 22). Pursuant to Water Code secfion 13197.5, a Certificate of Com-
pliance must be transmitted to OAL by 9-1-2002 or emergency language will
be repealed by operation of law on the following day.
2. New section refiled with amendment of Note 8-23-2002 as an emergency; op-
erative 9-1-2002 (Register 2002, No. 34). A Certificate of Compliance must be
transmitted to OAL by 12-30-2002 or emergency language will be repealed by
operafion of law on the following day.
3. New section refiled 1 2-3 1-2002 as an emergency; operafive 12-3 1-2002 (Reg-
ister 2003, No. 1). A Certificate of Compliance must be transmitted to OAL by
4-30-2003 or emergency language will be repealed by operation of law on the
following day.
4. New section refiled 4-28-2003 as an emergency; operative 5-1-2003 (Register
2003, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-29-2003 or emergency language will be repealed by operation of law on the
following day.
Chapter 17.
Underground Tank Tejster
Regulations
Article 1. General Provisions
§ 2730. Purpose.
The State Water Board is vested with all the funcfions and (iuties relat-
ing to the administration of the Tank Tester License Program (section
25284.4 Health and Safety Code). Specifically, the purpose df the Tank
Tester License Program is to protect the environment and public health
and safety by establishing minimum qualifications for those who test un-
derground storage tanks and associated piping and by establishing a li-
censing program for underground storage tank testers.
Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
fion 25284.4, Health and Safety Code.
History
1 . New secfion filed 3-30-89 as an emergency pursuant to Health and Safety Code
secfion 25284.4(e); operative 3-30-89 (Register 89, No. 14). For Drior history,
see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§2731. Definitions.
(a) "Address of record" means the address at which the licensee wishes
to be contacted by the State Water Board. The address of record is public
infonnation.
(b) "Advertisement" means any written or printed communication for
the purpose of soliciting, describing, or promoting the licensee's busi-
ness including a brochure, letter, pamphlet, newspaper, periodical, publi-
cation or other writing. Advertisement also includes a radio, television,
or similar airwaves transmission, or videotape recording wfiich solicits
or promotes the licensee's business. It does not include:
(1) a free directory listing which does not allow space for a license
number;
(2) any printing or writing on buildings or vehicles v*/here the purpose
of the printing is identification;
(3) any printing, writing, or other communication used in the ordinary
course of business where the purpose of the communication is other than
solicitation or promotion of business.
(c) "Applicant" means any person who files an application for a tank
tester license in accordance with the provisions of section 2761.
(d) "Approved course of study" means a course of study approved by
the Division after being recommended by a committee appointed by the
Division and which includes, but is not limited to:
( 1 ) General principles of tank and piping testing;
(2) Basic understanding of the mathematics relating to ta:ik testing;
(3) Understanding of test procedures, principles, and equipment;
(4) Knowledge of the regulations and laws pertaining to underground
storage tanks;
(5) Proper safety procedures;
(6) Written examination to be administered to each student to deter-
mine the student's knowledge and understanding of the course of study
material.
Anyone who desires to provide an approved course of study shall fur-
nish the Division with the following material:
(A) An instruction manual proposed for use by the instnictor which
covers all material and information to be given to students and which is
in accordance with the provisions of subdivisions (d)(l)-(6) of this sec-
tion.
(B) Copies of all handout material to be given to student;;.
(C) Copies of all video tapes to be used for instructional purposes.
Page 152.16
Register 2007, No. 51 12-21-2007
Title 23
State Water Resources Control Board
§2741
(D) Names, addresses, telephone numbers, and related work experi-
ence of each instructor and information as to the subject matter to be
taught by each instructor.
(E) Physical location of classroom instruction.
(F) Physical location of underground storage tanks to be used for
hands-on training.
(G) A copy of the written examination to be administered to students
to determine their knowledge and understanding of the course of study
material.
(e) "Assignment" means giving permission to another to use one's li-
cense for the purpose of conducting the business of a tank tester, includ-
ing advertising, billing, and furnishing reports to clients.
(f ) "Declarant" means a person who verifies an applicant' s tank testing
experience by declaring personal knowledge of the experience in writ-
ing, under penalty of perjury.
(g) "Direct personal supervision" means the watchful care and inspec-
tion of the conduct and performance of a tank tester by a licensee while
the licensee and the tank tester are physically located at the work site.
(h) "Division" means the Division of the State Water Board in which
the Office of Tank Tester Licensing is located.
(i) "Fraud" or "deception" includes but is not limited to:
( 1 ) knowingly making a false statement relating to the results of a tank
integrity test or methods or information obtained in the course of employ-
ment;
(2) fabricating evidence;
(3) making a representation that any part of a tank integrity testing
method or associated equipment is certified, approved, or in any way
sanctioned by the State Water Board unless the method or equipment is
actually certified, approved, or sanctioned by the State Water Board;
(4) failing to provide the services for which compensation has been re-
ceived or which were agreed to by contract;
(5) filing a false tank test report with a state or local agency or tank
owner or operator or providing test results for a tank or piping test which
was not tested in whole or in part;
(6) manipulating or causing the manipulation of test data including
willfully or negligently misreading or misinterpreting test data;
(7) accepting or agreeing to accept compensation for false test results,
(j) "License" means a pocket card issued by the State Water Board
which authorizes the licensee to conduct the business of an underground
storage tank tester. The license shall contain but not be limited to the fol-
lowing:
(1) a clear, full-face, one inch by one inch color photograph taken
within one year immediately preceding the date of filing the application;
(2) the first and last name of the licensee;
(3) the address of record of the licensee;
(4) the license number;
(5) the expiration date of the license.
The license is the property of the State Water Board.
(k) "Licensee" means any person licensed under these regulations as
a tank tester and who possesses a current and valid tank tester license is-
sued by the State Water Board.
(/) "Local agency" means the department, office, or other agency of
a county or city designated pursuant to section 25283 of the Health and
Safety Code.
(m) "Manufacturer" means any business which produces tank integri-
ty testing equipment and which may provide training in the use of that
equipment.
(n) "Office of Tank Tester Licensing" means the unit of the Division
which exercises the day-to-day functions of the Underground Tank Tes-
ter License Program.
(o) "Qualifying Experience" means experience in all aspects of tank
integrity testing including personally setting up and operating tank integ-
rity testing equipment, collecting data and producing reports under the
direct and personal supervision of a licensed tank tester, during which
time training is successfully completed from a manufacturer in the appro-
priate test procedures.
(p) "State Water Board" as used in these regulations means the five
members of the State Water Resources Control Board.
(q) "Tank integrity test" means a tank integrity test as defined in sec-
tion 261 1 of Chapter 16 of the California Code of Regulations.
(r) "Tank tester" means any person who performs integrity tests on un-
derground storage tanks or associated piping.
Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tions 25283 and 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history,
see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 2. Administration
§ 2740. Record of Licensees.
The Office of Tank Tester Licensing shall maintain a current roster of
the names, addresses, telephone numbers, and license numbers of all li-
censed tank testers. The roster shall be furnished to local agencies at least
twice per calendar year and shall be made available to local agencies and
interested parties upon request.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history,
see Register 82, No. 4.
2. Amendment of article heading and section and new Notk filed 6-6-94; opera-
tive 7-6-94 (Register 94, No. 23).
§ 2741 . Record of Disciplinary Actions.
Written information regarding disciplinary acdon taken against li-
censees shall be maintained by the Office of Tank Tester Licensing and
information which meets the provisions of the Information Practices Act
shall be furnished to local agencies as available and to interested parties
upon request.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1. New section filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
[The next page is 153.]
Page 152.17
Register 2007, No. 51; 12-21-2007
Title 23
State Water Resources Control Board
§2762
Article 3. Application of Regulations
§ 2750. Necessity of License.
All tank integrity tests, as defined in section 261 1 of Article 1 of Chap-
ter 1 6 and conducted within this state, must be performed by or under the
direct and personal supervision of a tank tester with a current and valid
tank tester license issued pursuant to these regulations. No person shall
be licensed unless the requirements as specified in Article 4 of these regu-
lations have been met.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register 89, No. 14). For prior history,
see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§ 2751. Local Regulations; Ordinances.
The provisions of these regulations shall not prevent the local authori-
ties of any city, and/or county from: (a) requiring tank tester licensees to
meet the requirements for and obtain a local business permit; (b) requir-
ing licensees to register their name and file a copy of their State Water
Board-issued tank tester license with the city and/or county. No fee, oth-
er than a fee for a local business permit, may be charged nor may any
application be required by the city and/or county for that registration.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 2599.2, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
Article 4. Licensing
§ 2760. License Requirements.
An applicant for a tank tester license shall have successfully com-
pleted training from the manufacturer of the tank and piping test equip-
ment to be used and shall:
(a) have completed a minimum of either one year of verifiable quahfy-
ing experience testing at least 50 underground storage tanks or have suc-
cessfully completed both 6 months of qualifying experience during
which at least 50 underground storage tanks were tested and an approved
course of study as defined in section 2731 ;
(b) file with the Division a completed application as specified in sec-
tion 2761;
(c) pay the nonrefundable application fee and the examination fee as
specified in Article 7;
(d) provide two color photographs as described in section 2731;
(e) pass an examination administered under the direction of the Divi-
sion as specified in section 2762;
(f) pay the license fee as specified in Article 7 upon notification by the
Division.
Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284., Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§ 2761 . Application for Licensure.
(a) Content — An application shall include but not be limited to:
(I ) the full name, residence address, and the address of record of the
applicant and the employer name and address if applicant is not self
employed;
(2) a statement signed under penalty of perjury by a declarant, verify-
ing the applicant's qualifying experience as specified in section 276()(a);
(3) verification that the applicant was trained by the manufacturer in
the principles and use of the equipment and method upon which the appli-
cant used to gain his or her qualifying experience and the tank and piping
test equipment and method the applicant intends to use after licensure;
(4) applicant's original signature signed under penalty of perjury and
date the application was signed;
(5) the nonrefundable application fee and the examination fee as speci-
fied in Article 7; and
(6) The Division may require the submission of any additional perti-
nent information, evidence, statements, or documents which would sup-
port the application for licensure.
(b) Submittal — An application shall be postmarked no later than three
weeks before the examination. Applications postmarked after that date
may be held over and processed for the next scheduled examination.
(c) Review — The Division shall review the application and supporting
documents to determine the applicant's eligibility for licensure.
(d) Notice — The Division shall notify applicants in writing within 15
days of receipt of an application whether the application is complete or
deficient. The notice, if it indicates a deficiency, will state the specific
information which is required to complete the application. If the applica-
tion is deficient, the applicant may be scheduled for the next examination
upon completion of the appHcation.
(e) Abandonment — If an applicant fails to complete an application
within one year of the date of receipt by the Office of Tank Tester Licens-
ing, or fails to take the examination within one year after the date of re-
ceipt of the application by the Office of Tank Tester Licensing, the appli-
cation shall be considered abandoned. An application submitted after the
abandonment of a previous application shall be treated as a new applica-
tion and shall be required to meet all of the requirements for an initial li-
cense.
Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§ 2762. Examination.
(a) Content — The examination shall include: (1) general principles of
tank and piping tests; (2) basic understanding of the mathematics relating
to tank and piping integrity testing; (3) knowledge of the regulations and
laws governing underground storage tanks; and (4) proper safety proce-
dures.
(b) Frequency — A minimum of two examinations shall be given each
year.
(c) Dishonest conduct during examination — An applicant for licen-
sure as a tank tester who engages in dishonest conduct during the exami-
nation shall have his or her examination confiscated immediately and
shall not have his or her examination graded and shall be denied the op-
portunity to take the examination for one year.
(d) Confidentiality of examination questions^ — The Office of Tank
Tester Licensing examination questions are confidential. Any person
who removes all or part of an examination from the examination room
or area, or who conveys or exposes all or part of an examination to any
other person may be disqualified as a candidate for licensure for one year
and in addition may be subject to administrative sanction under section
2773.
(e) Notification of results — Within 30 calendar days of the examina-
tion, the Division shall notify appUcants in writing whether they have
passed or failed the examination.
(f) Failure to pass examination; reexamination fee — An applicant who
fails to pass an initial examination shall be eligible for a subsequent ex-
amination upon paying the reexamination fee as prescribed by Article
Page 153
Register 94, No. 23; 6-10-94
§2763
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
7 and filing a completed application for reexamination within the time
limits and conditions relating to applications for initial examinations pro-
vided in Section 2761.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 2.5284.4. Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Regi.ster No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§ 2763. Issuance of License, Renewal and Reinstatement.
(a) Issuance — Except as otherwise specified in these regulations, upon
the successful completion of the application and examination and pay-
ment of the fees prescribed by these regulations, the Division shall issue
a tank tester license within 30 calendar days of receipt of the license fee.
(b) Renewal of licenses; notice; payment of civil penalties —
( 1 ) The Division shall send to each licensee a notice of renewal at least
60 calendar days prior to the expiration of each license.
(2) At least 30 calendar days prior to the expiration, a licensee who de-
sires to renew his or her license shall send to the Division a completed
renewal application as prescribed by section 2763(b)(3), and renewal fee
as prescribed by Article 7.
(3) Each license renewal application shall include the licensee's full
name, business and residence address and telephone number, license
number, and the name under which the licensee does business. Each
application shall include two color photographs as prescribed by section
273 1 and the renewal fee as prescribed by Article 7.
(4) The Division shall notify licensees in writing within 15 calendar
days of receipt of a license renewal application if the renewal application
is deficient. The notice shall state the specific information which is re-
quired to complete the renewal application.
(5) Except as otherwise prescribed by these regulations, the Division
shall issue a license renewal within 30 calendar days of receipt of a com-
pleted renewal application.
(6) The license renewal shall not be issued until any and all penalties
assessed have been paid or disciplinary actions have been completed in
accordance with these regulations.
(c) Notification of expiration; cessation of display — Upon the expira-
tion of any license issued under these regulations, the holder of the li-
cense shall cease to carry or display the license and shall cease to conduct
the business of a licensed tank tester.
(d) Reinstatement following expiration — An expired license may be
reinstated within one year of the date of expiration upon filing of a rein-
statement application and payment of the renewal fee and the reinstate-
ment fee as prescribed by Article 7. The Division shall notify Hcensees
in writing within 30 calendar days of receipt of a reinstatement applica-
tion if the application is deficient. The notice shall state the specific infor-
mation which is required to complete the application. A reinstated license
shall be issued within 30 calendar days from the date of receipt of the a
complete reinstatement application.
The reinstated license shall not be issued until any and all penalties as-
sessed have been paid or until disciplinary actions have been completed.
A license which has been expired for more than one year may not be rein-
stated. The applicant must file an initial application, pass the examina-
tion, and meet all of the requirements for an initial license.
(e) Each license reinstatement application shall state the licensee' s full
name, business and residence address and telephone numbers, license
number, and the name under which the licensee does business Each
application shall include two color photographs as prescribed by section
2731 and the reinstatement and renewal fees as prescribed by Article 7.
(f) Suspended license; expiration and renewal; restrictions on activi-
ties — A suspended tank tester license is subject to expiration and shall be
renewed as provided in this article; however, renewal of the hcense does
not entitle the licensee, while the license remains suspended and until it
is reinstated, to engage in the business of a licensed tank tester, or in any
other activity or conduct in violation of the order or judgment by which
the license was suspended.
(g) Revoked license — A revoked license may not be renewed or rein-
stated.
(h) Assignment — A license issued under these regulatiors is not as-
signable.
(i) License denial; grounds — A license may be denied by ttie Division
pursuant to the provisions of section 2773.
(j) Replacement of lost, stolen or destroyed licenses — A license which
has been lost, stolen or destroyed may be replaced by the Di^'ision. A li-
censee may request a duplicate license by submitting a written statement
of facts describing the loss, theft, or destruction of the license and by sub-
mitting two color photographs as prescribed by section 273 1 and the du-
plicate license fee prescribed by Article 7.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Re :~erence: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operafive 3-30-89 (Register No. 89, No. 14). h^or prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 2:).
Article 5.
Conduct of Business and
Prohibited Acts
§ 2770. Notice of Change of Address.
A licensee shall notify the Division of any change of his or her resi-
dence and business addresses and telephone numbers within 30 calendar
days after the change.
Note: Authority cited: Section 25284.4, Health and Safety Code. Re "erence: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New secfion filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operafive 3-30-89 (Register No. 89, No. 14). l^r prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 2?).
§ 2770.5. Name and license number on tank test reports.
A licensee who personally conducts a tank or piping integrity test shall
complete and sign the resulting report in accordance with the provisions
of section 2643(g) of Article 4 of Chapter 16 and shall include his or her
license number on the report.
Note: Authority cited: Section 25284.4, Health and Safety Code. Re "erence: Sec-
tion 25284.4, Health and Safety Code.
History
1. New secfion filed 6-6-94; operative 7-6-94 (Register 94, No. 2:).
§ 2771. Liability of Licensee; Employee Records;
Completion of Training for Testing Method
Used.
(a) A licensee shall at all times be responsible for the conduct and per-
formance of those under the licensee's direct and personal ;>upervision
when those persons under supervision are acting within the course and
scope of their employment as tank testers.
(b) Each licensee shall maintain a record of the following information
for each underground storage tank which he or she personally tested:
( 1 ) name, address and telephone number of the tank owner or operator,
physical address of the underground storage tank, and dates when the
tank or piping test service was provided;
(2) all information and data collected and reports prepared in the
course of performing service as a tank tester, including but not limited to
raw data, calculations and reports;
(3) a list of persons working under the direct and personal supervision
of the licensee including dates when the tank or piping test was per-
formed.
(c) Each licensee shall have completed training from a manufacturer
for each test method used prior to using any test method. The hcensee
shall submit to the Office of Tank Tester Licensing, a certificate of corn-
Page 154
Register 94, No. 23; 6-10-94
Title 23
State Water Resources Control Board
§2782
•
plelion or other proof of training issued by the manufacturer, before using
the test method or equipment.
NOTI-:: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operative 7-6-94 (Register 94, No. 23).
§ 2772. Record Retention Period.
Records, including those described in section 2771, shall be retained
for a period of at least three years. These records shall be available for
inspection by the Division and its agents upon demand, and copies there-
of, and information pertaining thereto or therein, shall be submitted to the
Division upon demand.
NOTti: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1. Renumbering of former section 2771 to section 2772 filed 6-6-94; operative
7-6-94 (Register 94, No. 23). For prior history, see Register 89, No. 14.
§ 2773. Grounds for disciplinary action.
A tank tester may be liable civilly and in addition may be subject to
administrative sanctions including, but not limited to, notices of warning,
letters of caution, fine assessments, denial, suspension, probation, or re-
vocation of his or her license in accordance with sections 25284.4(g) and
(h) of the Health and Safety Code for performing or causing another to
perform, any of the following acts:
(a) willfully or negligently violating, causing, or allowing the viola-
tion of the provisions of Chapters 16 and 17;
(b) willfully or negligently failing to exercise direct and personal su-
pervision over an unlicensed employee, associate, assistant, or agent dur-
ing any phase of tank or piping integrity testing;
(c) without regard to intent or negligence, using or permitting a li-
censed or unlicensed employee, associate, or agent to use any tank or pip-
ing test method or equipment which is demonstrated to be unsafe or
which does not meet the requirements of section 2643 of Chapter 16;
(d) submitting false or misleading information in connection with an
application for hcense or engaging in fraudulent or dishonest activity
during the course of an examination for licensure;
(e) using fraud or deception in the course of doing business as a tank
tester,
(f) failing to follow standard procedures set by the manufacturer of the
equipment used and which were included in evaluating the equipment for
conformance with EPA standards.
(g) failing to maintain competence in the test method and procedures
for which the tank tester received training and which the tank tester uses
to test tanks and associated piping;
(h) failing to use tank and piping test methods or equipment that has
been determined to meet performance standards set by federal regula-
tions in 40 CFR 280.40, 280.43, and 280.44;
(i) failing to notify the Division within 30 calendar days of any change
of residence or business address and telephone numbers;
(j) failing to include the licensee's name, address, and license number
in any advertisement as defined in section 273 1 ;
(k) aiding or abetting an unlicensed tank tester or assigning a license
as defined in section 2731;
(/) failing to possess, while performing services, a license which shall
be presented upon demand to the tank owner or operator, the Division or
its agents or any state or local official;
(m) failing to keep and maintain complete and correct records as de-
scribed in sections 277 1 and 2772;
(n) violating section 17500 of the Business and Professions Code;
(o) failing to have successfully completed training from a manufactur-
er of tank or piping test equipment in the test method being used by the
licensee prior to using the test method; and
(p) using tank or piping test equipment and procedures which do not
meet the requirements of Article 4 of Chapter 1 6.
NOTF.: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code; and Section 17500, Business and Profes-
sions Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14), For prior his-
tory, see Register 82, No. 4.
2. Amendment of secfion heading and text filed 6-6-94; operative 7-6-94 (Regis-
ter 94, No. 23).
Article 6.
Appeals Regarding Disciplinary
Action
§ 2780. Disciplinary proceedings.
A tank tester may be liable civilly in accordance with section
25284.4(h) of the Health and Safety Code and, in addition, may be sub-
ject to administrative sanctions pursuant to section 25284.4(g) of the
Health and Safety Code for performing, allowing, or causing another to
perform, any of the acts specified in section 2773.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . Amendment of article heading, renumbering of former section 2780 to section
2781 and renumbering and amendment of former section 2790 to section 2780
filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see
Register 89, No. 14.
§ 2781 . Action by Division.
A licensee or applicant for licensure (hereafter referred to as "appel-
lant" for the purposes of this Article) who wishes to appeal any discre-
tionary decision made by the Office of Tank Tester Licensing or any vio-
lation of the time periods set forth in Article 4 may ask for a review by
the Division Chief. The request for review must be in writing and must
be postmarked within 30 calendar days of the announcement of examina-
tion results or notification of an Office of Tank Tester Licensing decision
or violation of the time periods set forth in Article 4. The request for re-
view must be accompanied by all evidence the appellant wishes to be
considered by the Division Chief and by the State Water Board in any
subsequent review.
The Division Chief shall review all evidence and the decision of the
Office of Tank Tester Licensing and shall affirm, rescind, or modify the
decision. The Division Chiefs determination shall be in writing, labeled
as the Division Chiefs determination and shall inform the appellant that
the determination is final and conclusive unless, within 30 calendar days
from the date of receipt of the determination, the appellant requests a re-
view by the State Water Board.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . Repealer of article heading, renumbering of former section 2781 to section 2782
and renumbering and amendment of former section 2780 to section 2781 filed
6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see Register
89, No. 14.
§ 2782. Requests for review by the State Water Board.
(a) A request for review by the State Water Board shall contain but not
be limited to the following:
(1) name and address of the appellant;
(2) a copy of the Office of Tank Tester Licensing decision and the Di-
vision Chiefs determination which the State Water Board is requested
to review;
(3) the manner in which the petitioner is aggrieved;
(3) the specific action which the appellant wishes the State Water
Board to take;
(4) a copy of the evidence presented to the Division Chief prior to the
determination.
(b) The appellant may make a written request for a hearing before the
State Water Board for the purpose of presenting evidence not provided
to the Division Chief
Page 155
Register 94, No. 23; 6-10-94
§2783
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Any request to present evidence not provided to the Division Chief
must include a statement as to why the evidence was not presented to the
Division Chief for review.
NOTB: Authority cited: Section 25284.4, Health and Safely Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . Renumhering of former section 2782 to section 2783 and renumbering and
amendment of section heading and text of former section 2781 to section 2782
fded 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see
Register89, No. 14.
§ 2783. Deficient requests for review.
Upon receipt by the State Water Board of a request for review which
does not comply with the provisions of section 2782. the State Water
Board shall notify the appellant in what respect the request for review is
deficient and the time within which an amended request for review may
be filed. If a properly amended request is not received by the State Water
Board within the time allowed, the request shall be denied unless good
cause is shown for an extension of time.
Note: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . Renumbering of former section 2783 to section 2784 and renumbering and
amendment of section heading and text of former section 2782 to section 2783
filed 6-6-94; operative 7-6-94 (Register 94, No. 23). For prior history, see
Register 89, No. 14.
§ 2784. Recommendation by the Division Chief.
A copy of the request for review and any accompanying evidence and
statement(s) shall be sent to the Division Chief. The Division Chief shall
file a response to the request with the State Water Board within 20 calen-
dar days of the receipt of the request for review.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1. Renumbering of former section 2784 to section 2785 and renumbering and
amendment of section heading and text of former section 2783 to section 2784
filed 6-6-94; operafive 7-6-94 (Register 94, No. 23). For prior history, see
Register 89, No. 14.
§ 2785. Action by the State Water Board.
(a) The State Water Board may:
(1) refuse to review the Division Chief's determination if the request
for review is not filed in accordance with the provisions of section 2782
and 2783.
(2) after review of the petition and the response of the Division Chief:
(A) deny the request upon a finding that the Division Chief s determi-
nation was proper; or
(B) set aside or modify the Division Chiefs determination; or
(C) direct the Division to take other specified action.
(b) Before taking final action, the State Water Board may hold a hear-
ing for the purpose of oral argument or receipt of additional evidence or
both; or, the State Water Board may provide for an informal meeting be-
tween the appellant. Division staff, and a member of the State Water
Board and such other persons as the State Water Board deems necessary
for arbitration.
(c) If a hearing is held, the State Water Board shall give reasonable no-
tice to the appellant, the Division, and other persons as the State Water
Board deems appropriate, of the time and place of the hearing and the is-
sues to be considered. The hearing shall be conducted in a manner
deemed most suitable for securing all relevant evidence without unneces-
sary delay.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1. Renumbering and amendment of section heading and text of fcrmer section
2784 to section 2785 filed 6-6-94; operative 7-6^94 (Register 94, No. 23).
§ 2790. Disciplinary Proceedings.
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New secfion filed 3-30-89 as an emergency pursuant to Health and Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82. No. 4.
2. Repealer of article heading and renumbering of former section 2790 to section
2780 filed 6-6-94; operat'ive 7-6-94 (Register 94, No. 23).
Article 7. Revenue
§ 2800. Fees.
(a) The nonrefundable application fee for an initial tank te ster license
is one hundred dollars ($100).
(b) The examination fee for a tank tester license is two hundred dollars
($200).
(c) The examination fee for a tank tester shall not exceed six hundred
dollars ($600).
(d) The nonrefundable reexamination fee is two hundred dollars
($200).
(e) The license renewal fee for a tank tester shall not exceed six
hundred dollars ($600).
(f) The license reinstatement fee is two hundred dollars (;t200).
(g) The fee for a duplicate license, to replace a lost, stolen or destroyed
license is ten dollars ($10).
(h) The fee for the cost of a certified copy of any license or a certifica-
tion of licensure is five dollars ($5).
(i) The fee for processing a dishonored check is fifteen dollars ($15).
NOTE: Authority cited: Section 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health anc Safety Code
section 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment of article heading filed 6-6-94; operative 7-6-94 (Re gister 94, No.
23).
§ 2801. Copies of Laws, Rules, etc.; Disposition.
The Office of Tank Tester Licensing shall furnish one co 3y of the li-
censing law, rules, regulations, manuals, or guides to any applicant or li-
censee or other interested parties without charge.
NOTE: Authority cited: Secfion 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New section filed 3-30-89 as an emergency pursuant to Health and Safety Code
secfion 25284.4(e); operative 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
§ 2802. Refund of Fees.
Application and license fees are not refundable. Examination fees may
be refunded only if the application is rejected by the Office of Tank Tester
Licensing, the Division Chief or the State Water Board.
NOTE: Authority cited: Secfion 25284.4, Health and Safety Code. Reference: Sec-
tion 25284.4, Health and Safety Code.
History
1 . New secfion filed 3-30-89 as an emergency pursuant to Health and Safety Code
secfion 25284.4(e); operafive 3-30-89 (Register No. 89, No. 14). For prior his-
tory, see Register 82, No. 4.
2. Amendment filed 6-6-94; operafive 7-6-94 (Register 94, No. 23).
Page 156
Register 94, No. 23; 6-10-94
Title 23
State Water Resources Control Board
§2804
Chapter 18. Petroleum Underground
Storage Tank Cleanup Fund Regulations
Article 1. General Provisions
§ 2803. Applicability.
(a) The regulations in this chapter implement the Barry Keene Under-
ground Storage Tank Trust Fund Act of 1989 (Health and Safety Code,
division 20, chapter 6.75, section 25299. 10 et seq.). Except as otherwise
specifically provided, this chapter applies to owners and operators of pe-
troleum underground storage tanks as defined in article 2 of this chapter.
(b) This chapter applies in part to owners of residential tanks as this
term is defined in article 2 of this chapter.
(c) This chapter establishes financial responsibility requirements for
certain owners and operators of underground storage tanks (article 3).
(d) This chapter provides for reimbursement from the Underground
Storage Tank Cleanup Fund (Fund) of eligible corrective action, regula-
tory technical assistance, and third party compensation costs incurred by
eligible owners and operators of underground storage tanks and residen-
tial tanks (article 4).
(e) This chapter establishes procedures for requesting review of a staff
decision by the Fund Manager, appealing a staff decision or a Fund Man-
ager Decision to the Chief of the Division of Clean Water Programs, and
for petitioning the State Water Resources Control Board for review of a
decision of the Division Chief (article 5).
(f) This chapter establishes procedures for owners and operators of un-
derground storage tanks and other responsible parties to petition for re-
view of a regulatory agency decision not to close an underground storage
tank or residential tank site (article 6).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.10, 25299.11, 25299.13, 25299.31, 25299.39.2, 25299.51,
25299.56, 25299.57 and 25299.58, Health and Safety Code.
History
1. New chapter 18 (sections 2803-2814.3) filed 12-2-91 as an emergency; opera-
tive 1 2-2-9 1 . Text remains in effect uninterrupted pursuant to Health and Safe-
ty Code section 25299.77 (Register 92, No. 9). For prior history of chapter 18,
see Register 81, No. 28.
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (a) and (d) filed 12-27-94 as an emergency; opera-
tive 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commenc-
ing with secdon 1 1340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAL and shall remain in effect until
revised by the State Water Resources Control Board, pursuant to Health and
Safety Code section 25299.77, subdivision (b).
4. Amendment of secdon and Note filed 10-27-2000; operadve 11-26-2000
(Register 2000, No. 43).
5. Amendment of subsecdon (d) and Note filed 7-6-2004; operative 8-5-2004
(Register 2004, No. 28).
Article 2. Definition of Terms
§ 2804. Definitions.
Unless the context clearly requires otherwise, the terms used in this
chapter shall have the following meanings:
"Accident" means an unintentional and unexpected event.
"Annual aggregate amount" means the total amount of financial re-
sponsibility that is required to cover all unauthorized releases that might
occur in one year.
"Annual revenue" with respect to public entities, means the total annu-
al general purpose revenues, excluding all restricted revenues over which
the governing agency has no discretion, as reported in the annual Report
of financial Transactions submitted to the Controller, for the latest fiscal
year ending prior to the date the Fund application was filed. With respect
to nonprofit organizations, this term means the total annual revenues as
shown in an annual fiscal report filed with the Registry of Charitable
Trusts of state and federal tax records, based on the latest fiscal year end-
ing prior to the date the Fund application was filed.
"Board" means the State Water Resources Control Board.
"Bodily injury" means the physical injury, sickness, disease, includ-
ing death, sustained by any person as a proximate result of an unautho-
rized release from an underground storage tank or residential tank.
"Certification" ineans a written statement signed by a claimant attest-
ing to the accuracy and completeness of the facts contained in the written
statement.
"Chief financial officer" means the person who normally prepares,
verifies or certifies financial information on behalf of an owner or opera-
tor. The term means the owner or operator of the underground storage
tank if no other individual is designated as the chief financial officer.
"Claim" means a submittal to the Fund for the reimbursement of costs
incurred due to an occurrence. A claim consists of several documents, in-
cluding, but not limited to, the Fund application, reimbursement re-
quests, and verificafion documents.
"Claimant" means an owner or operator who files a claim against the
Fund.
"Corrective acUon" means any acdvity necessary to investigate and
analyze the effects of an unauthorized release; propose a cost-effective
plan to adequately protect human health, safety, and the environment and
to restore or protect current and potential beneficial uses of water; and
implement and evaluate the effectiveness of the activity(ies). Corrective
action does not include any of the following acfivities:
(a) detection, confirmation, or reporting of the unauthorized release;
or,
(b) repair, upgrade, replacement or removal of an underground storage
tank or residential tank.
"De facto owner" means the owner of real property who has actual
possession of and control over an underground storage tank or residential
tank that is located on the property and that has been abandoned by its
legal owner and operator.
"Designated representative" means any person who provides financ-
ing for costs claimed in a reimbursement request. The term includes the
state, any department or agency thereof, or the federal government.
"Division" means the State Water Resources Control Board, Division
of Clean Water Programs, or any other division of the board authorized
to administer the Fund.
"Facility" means any one, or combination of, underground storage
tanks used by a single business entity or person at a single location or site.
"Federal Act" means subchapter IX of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act of 1 976 and
Solid Waste Amendments of 1984 (42 U.S.C. §§ 6991-69911), as it may
subsequently be amended or supplemented, and the regulafions adopted
pursuant thereto. The Federal Act is incorporated herein by reference.
"Financial responsibility" means state and federal financial responsi-
bility requirements for petroleum underground storage tanks. These re-
quirements are established by:
(a) title 40 Code of Federal Regulafions, part 280, subpart H (com-
mencing with section 280.90), established pursuant to section 6991c(c)
of dtle 42, United States Code;
(b) Health and Safety Code Section 25292.2;
(c) Health and Safety Code, division 20, article 3, chapter 6.75 (com-
mencing with section 25299.30); and
(d) article 3 of this chapter.
"Fund" means the Underground Storage Tank Cleanup Fund created
pursuant to section 25299.50 of the Health and Safety Code.
"General purpose revenues" means revenues consisting of all of the
following: secured and unsecured revenues; less than countywide funds,
secured and unsecured; prior year secured and unsecured penalties and
delinquent taxes; sales and use taxes; transportation taxes (nontransit);
property transfer taxes; transient lodging taxes; timber yield taxes; air-
craft taxes; franchise taxes; fines, forfeitures, and penalties; revenues
from use of money and property; motor vehicle in-lieu taxes; trailer
coach in-lieu taxes; homeowner property tax relief; open-space tax re-
lief; and cigarette taxes.
"Gross negligence" means any act or failure to act by the owner or op-
erator, its employees, agents, or any other person under the owner's or
Page 157
Register 2004, No. 28; 7-9-2004
§2804
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
operator's supervision or control, in reckless disregard of the conse-
quences, that causes or allows an unauthorized release from an under-
ground storage tank or residential tank to occur or to continue.
"Heating oil" means petroleum, as defined in 40 Code of Federal Reg-
ulations, section 280. 1 2, that is: Number 1 85, page 37 1 1 7, namely: No. 1 ,
No.2, No.4-light, No.4-heavy, No.5-light, No.5-heavy, and No.6 tech-
nical grades of fuel oil; other residual fuel oils (including Navy Special
Fuel Oil and Bunker C); and other fuels when used as substitutes for one
of these fuel oils.
"Initial site investigation" means a soil and groundwater investigation
sufficient to identify where contamination resulting from an unautho-
rized release is most likely to be present.
"Initiation of corrective action" means actual commencement of cor-
rective action work by or under the authority of an owner or operator in
accordance with California Code of Regulations, title 23, division 3,
chapter 1 6, article 1 1 (commencing with section 2720).
"Local agency" means a local agency authorized to implement Health
and Safety Code, division 20, chapter 6.7 (commencing with section
25280) pursuant to section 25283 of the Health and Safety Code.
"Nonprofit organization" means a nonprofit public benefit organiza-
tion incorporated pursuant to title 1 , division 2. part 2 (commencing with
section 5110) of the Corporations Code.
"Occurrence" means an accident, including continuous or repeated
exposure to conditions, that results in an unauthorized release of petro-
leum from an underground storage tank or residential tank. Unauthorized
releases at the same site that require only a single site investigation shall
be considered one occurrence. An unauthorized release subsequent to a
previous unauthorized release at the same site shall only be considered
a separate occurrence if an initial site investigation has been completed
for the prior unauthorized release.
"Operator" means any person in control of, or having responsibility
for, the daily operation of an underground storage tank or residential tank
containing petroleum. The term includes any city, county, or district, or
any agency or department thereof, but does not include the state or any
agency or department thereof, or the federal government.
"Owner" means a person who owns an underground storage tank or
a residential tank. The term includes an owner of real property who is a
de facto owner of an underground storage tank or residential tank located
on such property; however, the term does not include the state or any
agency or department thereof, or the federal government.
"Permit" means a written authorization issued under Health and Safe-
ty Code, division 20, chapter 6.7 (commencing with section 25280) and
includes but is not limited to the permit required pursuant to section
25284 for an owner or operator to operate an underground storage tank.
"Person" means an individual, trust, firm, joint stock company, corpo-
ration, or other entity, including a government corporation, partnership,
limited liability company, or association. The term includes a city,
county, district, or state, and an agency or department thereof; or the
United States to the extent authorized by federal law.
"Petroleum" means crude oil, or any fraction thereof, that is liquid at
60 degrees Fahrenheit and 14.7 pounds per square inch absolute, includ-
ing the following substances: motor fuels, jet fuels, distillate fuel oils, re-
sidual fuel oils, lubricants, petroleum solvents, and used oils, including
any additives contained in the formulation of the substances.
"Petroleum marketing facilities" means all facilities at which petro-
leum is produced or refined and all facilities from which petroleum is
sold or transferred to other petroleum marketers or to the public.
"Petroleum marketing firms" means all firms owning petroleum mar-
keting facilities. Firms owning other types of facihties with underground
storage tanks as well as petroleum marketing facilities are considered to
be petroleum marketing firms.
"Property damage" means actual loss, injury, or deterioration to a third
party's real or personal property which is caused by an unauthorized re-
lease of petroleum from an underground storage tank or residential tank.
"Regional board" means a California Regional Water Quality Control
Board.
"Regulatory agency" means the Board, a regional board, or a local,
state, or federal agency that has responsibility or authority fcT regulating
underground storage tanks or residential tanks or that has responsibility
for corrective action or overseeing corrective action, for unai.thorized re-
leases from underground storage tanks or residential tanks.
"Regulatory technical assistance" means assistance from 2 person oth-
er than the claimant in the preparation and submission of a claim to the
Fund. Regulatory technical assistance includes assistance with complet-
ing and submitting the Fund application, reimbursement rt;quests, and
supporting documentation, and complying with procurement require-
ments. Regulatory technical assistance does not include assistance with
preparing and pursuing a site closure petition, an appeal to the Division
Chief for unpaid claims, a petition for unpaid claims, or an action in court.
"Reimbursement Request" means documents required by the Division
and necessary for reimbursement of a claim.
"Release" means any spilling, leaking, emitting, discharging, escap-
ing, leaching, or disposing from an underground storage tank or residen-
tial tank into or on the waters of the state, the land, or the subsurface soils.
The term does not include releases which are clearly attributable to spills
or overfills occurring as a result of filling or emptying of an underground
storage tank or residential tank.
"Residence" means a building that is used primarily for d>velling pur-
poses. Buildings excluded from the definition include, but are not limited
to. hotels, motels, hospitals, and military barracks.
"Residential tank" means a tank, as defined in Health and vSafety Code
section 25281, subdivision (u), including pipes connected thereto, that
satisfies all of the following conditions:
(a) The tank is used for the storage of petroleum.
(b) The tank is substantially or totally beneath the surface of the
ground.
(c) The tank meets either (1) or (2) below:
(1) The tank is located at the residence of a person on property used
exclusively for residential purposes at the time of discovery iDf the unau-
thorized release; or
(2) The tank is located at the residence of a person, the tar k is located
on property that on and after January 1, 1985, has not been used for agri-
cultural purposes, the tank has a capacity of 1,100 gallons or less, and on
and after January 1 , 1 985, the petroleum in the tank has been used solely
as home heating oil for consumptive use on the premises w lere stored.
(d) The tank meets both (1) and (2) below:
(1) The tank meets one of the following:
(A) The tank has a capacity greater than 1,100 gallons; or
(B) The tank is not located on a farm; or
(C) The tank does not store motor vehicle fuel used primarily for agri-
cultural or resale purposes.
(2) On or after January 1 , 1 985, the tank has not been used to store mo-
tor vehicle fuel used primarily for agricultural or resale pur]3oses.
"Site" means the parcel of real property at which an underground stor-
age tank or residential tank is located, subject to the following limita-
tions:
(a) If underground storage tanks or residential tanks are Iccated at ad-
jacent parcels of real property, the adjacent parcels together constitute
one site if both of the following apply:
(1) The underground storage tanks are, or have been, operated by the
same person.
(2) The adjacent parcels are under common ownership oi" control.
(b) Notwithstanding subdivision (a), the Board may consider a parcel
of real property as consisting of multiple sites, corresponding to the num-
ber of distinct underground storage tank or residential tank operations at
the parcel, if the Board makes both of the following findings:
( 1 ) There is more than one underground storage tank o;- residential
tank located at the parcel.
(2) Each separately operated underground storage tank, residential
tank, or group of underground storage tanks and residential tanks is not,
Page 158
Register 2004, No. 28; 7-9-2004
Title 23
State Water Resources Control Board
§2806.1
and has not been, operated by a person who is operating or has operated
another underground storage tank or residential tank at the same parcel.
"Small business" means a business which, at the time of application
to the Fund, fits the definition of a small business set forth in Government
Code section 14837, subdivision (d), except that a business that is domi-
ciled or has its principal office outside of the state is a "small business"
if the business otherwise fits the definition set forth in section 14837, sub-
division (d).
"Tangible net worth" means the tangible assets that remain after de-
ducting liabilities. Such assets do not include intangibles such as good
will and rights in patents or royalties.
"Third party" means a person other than an owner of the real property,
or an owner or operator of the underground storage tank or residential
tank that is the subject of a claim. The term does not include current or
former tenants or landlords of the site.
"Third party compensation" means compensation an owner or opera-
tor is legally obligated to pay a third party, whether or not the owner or
operator receives reimbursement from the fund, for bodily injury or prop-
erty damage to the third party resulting from an unauthorized release of
petroleum from an underground storage tank or residential tank. Com-
pensation must be made pursuant to a court-approved settlement, a final
judgment other than a default judgment, or an arbitration award by a
court-appointed arbitrator as a result of proceedings conducted in accor-
dance with the Code of Civil Procedure, part 3, title 9 (commencing with
section 1280), imposing liability on the owner or operator for costs eligi-
ble for reimbursement as set forth in section 2812.2, subdivision (f) of
this chapter.
"Unauthorized release" means any release that does not conform to
Health and Safety Code, division 20, chapter 6.7 (commencing with sec-
tion 25280), whether the release is from a residential tank or a petroleum
underground storage tank, unless the release is authorized by the Board
or a regional board pursuant to Water Code, division 7 (commencing
with section 13000).
"Underground storage tank" means an underground storage tank as
defined in Health and Safety Code section 2528 1 , subdivision (y), except
that "underground storage tank" means only those underground storage
tanks that contain only petroleum or, consistent with Federal Act, a mix-
ture of petroleum with de minimis quantities of other regulated sub-
stances. "Underground storage tank" does not include any structures spe-
cifically exempted under California Code of Regulations, title 23, section
2621.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25281, 25299.11-25299.25, 25299.31, 25299.37, 25299.52,
25299.54(e)(l)-(2), 25299.55, 25299.57, 25299.58 and 25299.61, Health and
Safety Code; and 40 Code of Federal Regulations Section 280.12.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Editorial correction of printing errorrestoringarticle 2 heading (Register 93, No.
22).
4. Amendment adding definitions for "Annual revenue," "Environmental ser-
vices," "General purpose revenues" and "Non profit organization." and amend-
ing definitions for "Designated representative," "Facility." "Residential Tank,"
"Small business," "Third party" and "Underground storage tank" filed
12-27-94 as an emergency; operative 12-27-94 (Register 94, No. 52). Not-
withstanding Chapter 3.5 (commencing with section 11340) of Part 1 of Divi-
sion 3 of Title 2 of the Government Code, this section shall not be repealed by
OAL and shall remain in effect until revised by the State Water Resources Con-
trol Board, pursuant to Health and Safety Code section 25299.77, subdivision
(b).
5. Amendment of definition "Annual review" and new definition "Reimbursement
Request" filed 8-8-96; operative 8-8-96 pursuant to Government Code section
1 1343.4(d) (Register 96. No. 32).
6. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
7. Amendment of definitions of "Annual review." "Claim," "Regulatory technical
assistance," "Residence," "Residential tank," "Site" and "Underground storage
tank" filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
Article 3. Financial Responsibility
Requirements
§ 2805. Applicability.
(a) This article applies to all owners and operators of underground
storage tanks containing petroleum who, pursuant to the Federal Act. are
required to demonstrate financial responsibility to take corrective action
and compensate third parties for bodily injury and property damage
caused by accidental releases of petroleum. Owners and operators who
are not required to demonstrate financial responsibility by the Federal
Act are not subject to the requirements of this article.
(b) Current federal financial responsibility requirements are contained
in 40 Code of Federal Regulations, part 280 and are incorporated herein
by reference.
Note: Authority cited: Section 25299.77. Health and Safety Code. Reference:
Section 25299.30. Health and Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operative 1 2-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92. No. 9).
2. Editorial correction of printing errors in History 1. (Register 92. No. 43).
3. Amendment of secfion and Noti; filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2806. General Responsibility to Meet Federal
Requirements.
(a) All owners and operators subject to this article are required to dem-
onstrate financial responsibility in the amounts and at the times required
by the Federal Act. When owners and operators are no longer required
to demonstrate financial responsibility by the Federal Act, they are no
longer required to demonstrate financial responsibility by this article.
(b) An owner or operator is no longer required to demonstrate financial
responsibility or maintain evidence thereof for any underground storage
tank that has been permanently closed or, if corrective action is required,
after the corrective action has been completed and the underground stor-
age tank has been permanently closed in accordance with the applicable
provisions of Health and Safety Code section 25298, the California Code
of Regulations, title 23, division 3, chapter 16, article 7, and applicable
local requirements.
NOTE; Authority cited: Secdon 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
History
1. New secfion filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code secfion 25299.77
(Register 92, No. 9).
2. Editorial correcfion of prinfing errors in History 1. (Register 92, No. 43).
3. Amendment of secfion and Note filed 10-27-2000; operafive 11-26-2000
(Register 2000, No. 43).
§ 2806.1. Current Federal Compliance Dates.
(a) Owners and operators must comply with federal financial responsi-
bility requirements by the date or dates specified in the Federal Act. The
compliance date is determined by the characteristics of the owner as set
forth in 40 Code of Federal Regulations, section 280.91. Currently the
applicable federal compliance dates are:
(1) January 24, 1989 for all petroleum marketing firms owning 1,000
or more underground storage tanks and all other underground storage
tank owners who report a tangible net worth of $20 million or more to the
U.S. Securities and Exchange Commission (SEC), Dun and Bradstreet,
the Energy Information Administration, or the Rural Electrification Ad-
ministration;
(2) October 26, 1989 for all petroleum marketing firms owning
100-999 underground storage tanks;
(3) April 26, 1991 for all petroleum marketing firms owning 1 3-99 un-
derground storage tanks at more than one facility;
(4) December 31, 1993 for all petroleum underground storage tank
owners or operators not described in subdivisions (1) through (3) of this
section, excluding local governmental entities;
Page 158.1
Register 2004, No. 28; 7-9-2004
§ 2806.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(5) February 18, 1994 for local governmental entities; and
(6) December 31,1 998 for federally recognized Indian tribes that own
underground storage tanks on Indian lands if those underground storage
tanks comply with all current technical requirements, such as leak detec-
tion requirements.
(b) Federal and state agencies are not subject to financial responsibility
requirements.
Note-, Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.30, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
{Register92. No. 9).
2. Editorial coixection of printing en'ors in History 1 . (Register 92, No. 43).
3. Amendment of subsection (a)(4), new subsections (a)(5) and (a)(6), and repealer
and new subsection (b) tiled 12-27-94 as an emergency; operative 12-27-94
(Register 94. No. 52). Notwithstanding Chapter 3.5 (commencing with section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, this section
shall not be repealed by OAL and shall remain in effect until revised by the State
Water Resources Control Board, pursuant to Health and Safety Code section
25299.77, subdivision (b).
4. Amendment of subsection (a)(6) filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 32).
5. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2806.2. Demonstration of Compliance with Financial
Responsibility Requirements by Owners and
Operators.
If the owner and operator are separate persons, either the owner or op-
erator shall demonstrate compUance with financial responsibility re-
quirements. However, both the owner and operator are responsible for
ensuring that applicable financial responsibility requirements are met.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.30 and 25299.31, Health and Safety Code.
History
1 . New section filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2807. Required Financial Responsibility Amounts.
(a) Owners or operators must demonstrate financial responsibility in
the amounts required by the Federal Act. Currently the federally required
minimum amounts are:
( 1 ) $ 1 million per occurrence for owners and operators of underground
storage tanks either located at a petroleum marketing facihty or which
handle an average of more than 10,000 gallons of petroleum per month
based on annual throughput for the previous calendar year; or
(2) $500,000 per occurrence for all owners or operators not included
in the preceding subdivision; and
(3) $1 million annual aggregate coverage for owners or operators of
1 to 100 underground storage tanks; or
(4) $2 million annual aggregate coverage for owners or operators of
101 or more underground storage tanks.
(b) The amounts of assurance required under this section exclude legal
defense cost as defined in 40 Code of Federal Regulations, section
280.92.
(c) The required per occurrence and annual aggregate coverage
amounts do not in any way limit the liability of the owner or operator.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.30 and 25299.32, Health and Safety Code.
History
1. New secdon filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2808. Demonstration of Financial Responsibility
Through Compliance with Federal
Requirements.
Owners or operators may fulfill federal financial responsibility re-
quirements in the manner and through the mechanisms authorized by the
Federal Act. Owners or operators who choose to fulfill financial respon-
sibility requirements through a mechanism other than the Fund must
meet all applicable conditions and requirements, and are sibject to all
applicable provisions contained in the Federal Act.
NOTE: Authority cited: Section 25299.77, Health and Safetv Code. Reference:
Sections 25299.30 and 25299.33, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to HeaUh and Safety Code section 25299.77
(Register92, No. 9).
2. Editorial correction of printing en'ors in History 1. (Register 92, No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2808.1 . Use of Fund to Meet Financial Responsi bility
Requirements.
(a) As an alternative to, or in conjunction with, demonstration of finan-
cial responsibility in the manner and through use of other mechanisms
authorized by the Federal Act, an owner or operator may derr onstrate fi-
nancial responsibility of up to $1 million through use of the Fund. In or-
der to use the Fund as a basis for demonstration of financial responsibility
for taking corrective action and for compensating third parties for bodily
injury and property damage, an owner or operator must at all times:
(1) demonstrate financial responsibility of at least the following
amount per occurrence and per annual aggregate coverage exclusive of
the Fund:
Claim Priority Class
Pursuant to Section 2811.1
Priority Class A
Priority Class B
Priority Class C
Priority Class D
Financial Responsibility
Amount
$-0-
$ 5,000
$ 5,000
$10,000
If a waiver is granted pursuant to section 281 1, subdivision (a)(2)(B),
demonstrate financial responsibility of at least twice the above amounts
per occurrence and per annual aggregate coverage, exclusive of the Fund.
(2) demonstrate financial responsibility for an additional $1 million,
exclusive of the Fund if the owner or operator is required to c amply with
the provisions of section 2807, subdivision (a)(4); and
(3) maintain eligibility to participate in the Fund.
(b) An owner or operator may demonstrate the financial responsibility
required by subdivisions (a)(1) and (2) of this section throng m the use of
any of the mechanisms authorized by the Federal Act, or through the use
of any mechanism specified and approved by the Board. Owners and op-
erators who choose to fulfill financial responsibility requirements in this
manner must meet all applicable conditions and requirements, and are
subject to all applicable provisions, indicated in the Federal Act.
(c) As an alternative to the mechanisms indicated in subdi\ision (b) of
this section, an owner or operator may demonstrate compliance with
applicable financial responsibility requirements by demonstrafion of a
tangible net worth often times the required minimum applicable annual
aggregate coverage required under or pursuant to subdivision (a)(1) of
this section. The tangible net worth amount must be calculated on the ba-
sis of current market value of tangible assets and must reflect ;he tangible
net worth of the owner or operator as of the close of the latest completed
fiscal year used by the owner or operator. In order to utilize the alternative
specified in this subdivision, the owner or operator shall ensure that both
of the following occur:
(1 ) the chief financial officer or the owner or operator must sign, under
penalty of perjury, a letter worded exactly as follows, except that the in-
strucfions in brackets are to be replaced by the relevant information and
the brackets deleted:
LETTER FROM CHIEF FINANCIAL OFHCER
I am the chief financial officer for [insert: business name, business ad-
dress and correspondence address of the owner or operator]. This letter
is in support of the use of the Underground Storage Tank Cbanup Fund
to demonstrate financial responsibility for taking corrective action and/
or compensating third parties for bodily injury and property damage
Page 158.2
Register 2004, No. 28; 7-9-2004
Title 23
State Water Resources Control Board
§2809
caused hy an unauthorized release of petroleum in the amount of at least
[insert: dollar amount] per occurrence and [insert: dollar amount] annual
aggregate coverage.
Underground storage tanks at the following facilities are assured by
this letter: [insert: the name and address of each facility where the under-
ground storage tanks for which financial responsibility is being demon-
strated are located].
1 . Amount of annual aggregate coverage being assured by this
letter $
2. Total tangible assets $
3. Total liabilities $
4. Tangible net worth (subtract line 3 from line 2. Line 4 must be at
least 10 times line 1) $
I hereby certify that the wording of this letter is identical to the wording
specified in section 2808.1, subdivision (c)(1), chapter 18, division 3,
title 23 of the California Code of Regulations.
I declare under penalty of perjury that the foregoing is true and correct
to the best of my knowledge and belief. Executed at [insert: place of ex-
ecution] on [insert: date].
[Signature]
[Name]
[Title]
(2) the letter must be signed by the date on which the owner or operator
commences use of the alternative allowed by this subdivision and the let-
ter must be renewed within 150 days after the close of each subsequent
fiscal year so long as the owner or operator continues to use this alterna-
tive to demonstrate financial responsibility.
(d) If an owner or operator using the alternative provided by subdivi-
sion (c) of this section no longer meets applicable tangible net worth re-
quirements based on the net worth of the owner or operator as of the close
of the latest completed fiscal year used by the owner or operator, the own-
er or operator must demonstrate the required financial responsibility by
an acceptable alternate mechanism within 150 days of the close of such
fiscal year.
(e) The Division or any appropriate regulatory agency may require re-
ports of financial condition at any time from an owner or operator. If the
Division or regulatory agency finds, on the basis of such reports or other
information, that the owner or operator no longer meets the applicable
tangible net worth requirements, the owner or operator must demonstrate
the required financial responsibiUty by an acceptable mechanism within
30 days after notification of such finding.
(f) If an owner or operator subject to the requirements of subdivisions
(d) and (e) of this section cannot demonstrate the required financial re-
sponsibility called for by these subdivisions within the time frames stated
therein, the owner or operator must notify the Division and any appropri-
ate regulatory agencies within 1 days after expiration of the time frames
indicated in subdivisions (d) and (e).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31, 25299.32, 25299.33 and 25299.58(d), Health and Safety
Code.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction deleting duplicate text following History 1 . (Register 92,
No. 21).
3. Editorial correction of printing errors in HISTORY 1. (Register 92, No. 43).
4. Amendment of subsections (a)( 1 ), (c), and (d)( 1 ) filed 12-27-94 as an emergen-
cy; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5
(commencing with section 1 1340) of Part 1 of Division 3 of Tide 2 of the Gov-
ernment Code, this section shall not be repealed by OAL and shall remain in ef-
fect until revised by the State Water Resources Control Board, pursuant to
Health and Safety Code section 25299.77, subdivision (b).
5. Repealer and new subsection (a)(1) filed 8-8-96; operative 8-8-96 pursuant to
Govemment Code section 1 1343.4(d) (Register 96, No. 32).
6. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§ 2808.2. Fund Coverage.
(a) An owner or operator using the Fund to demonstrate financial re-
sponsibility shall be liable for all costs of corrective action, third party
compensation, and regulatory technical assistance.
(b) Provided that an owner or operator is in compliance with applica-
ble financial responsibility requirements and meets all requirements for
payment from the Fund, and subject to the availability of funds, the Fund
will reimburse the owner or operator as follows:
(1) for the reasonable and necessary cost of corrective action, third
party compensation, and regulatory technical assistance incurred by the
owner or operator up to an amount not to exceed $ 1 ,000,000 for each oc-
currence, less the applicable financial responsibility limits set forth in
section 2808.1, subdivision (a)(1) of this chapter; and
(2) after the Fund has reimbursed an owner or operator the maximum
amount specified in subdivision (b)( 1 ) of this section, up to an additional
$500,000 for each occurrence for the reasonable and necessary cost of
corrective action and regulatory technical assistance in excess of the
amount specified in subdivision (b)( 1 ) of this section.
NOTE: Authority cited: Section 25299.77, Health and Safely Code. Reference;
Sections 25299.32, 25299.57(a), (d) and (j), 25299.58, 25299.59(b), 25299.60 and
25299.81(c)(1), Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing en'ors in History 1. (Register 92, No. 43).
3. Repealer of former section 2808.2 and renumbering of former section 2808.3
to section 2808.2, including amendment of section and Noth, filed
10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2808.3. Fund Coverage.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.32(a), 25299.57(a) and (d), 25299.58, 25299.59(e) and 25299.77.
Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. New subsection (b) and subsection relettering, amendment of newly designated
subsection (c), new subsection (d) and subsection relettering, and amendment
of newly designated subsection (e) filed 8-8-96; operative 8-8-96 pursuant to
Govemment Code section 1 1343.4(d) (Register 96, No. 32).
5. Renumbering of section 2808.3 to section 2808.2 filed 10-27-2000; operative
1 1-26-2000 (Register 2000, No. 43).
§ 2809. Reporting by Owner or Operator.
(a) An owner or operator shall notify the appropriate regulatory
agency, in writing, of compliance with the financial requirements of this
article within 45 days of the appropriate date specified in section 2806. 1 .
An owner or operator shall notify the appropriate regulatory agency of
compliance with financial responsibility when applying for an initial per-
mit to operate a new underground storage tank containing petroleum.
Thereafter, at the time of permit renewal, an owner or operator shall
notify the appropriate regulatory agency of continued compliance with
the requirements of this article.
(b) An owner or operator must submit a copy of the financial responsi-
bility mechanism or mechanisms being used by the owner or operator,
and otherwise document current compliance with financial responsibil-
ity requirements, upon request of the appropriate regulatory agency un-
der any of the following conditions:
(1) within 30 days after the owner or operator identifies an unautho-
rized release of petroleum which is required to be reported under the Cali-
fornia Code of Regulafions, title 23, division 3, chapter 16, article 5; or
(2) as required by the Federal Act.
NOTE; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31 and 25299.33, Health and Safety Code.
Page 158.3
Register 2004, No. 28; 7-9-2004
§ 2809.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninten'upled pursuant (o Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial conection of printing errors in History 1. (Register 92. No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94. No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
§2809.1. Recordkeeping.
(a) Owners and operators must maintain evidence of all mechanisms
used to demonstrate financial responsibility in accordance with the pro-
visions of this article until the provisions of this article no longer require
such maintenance. Such evidence must be maintained at the underground
storage tank site or sites or the owner or operator's place of business.
(b) Evidence of all mechanisms used, other than a chief financial offi-
cer's letter utilized pursuant to subdivision (c) of section 2808.1, shall be
maintained in accordance with the requirements of the Federal Act. A
copy of any chief financial officer's letter used pursuant to subdivision
(c ) of section 2808. 1 must be maintained on file at the underground stor-
age tank site(s) or the owner or operator's place of business within 5 days
after execution of the letter. The copy of such letter shall be maintained
so long as the owner or operator continues to use the letter to demonstrate
financial responsibility and must be maintained in addition to the certifi-
cation provided for in subdivision (c) of this section.
(c) An owner or operator using a mechanism allowed by this article
must maintain an updated copy of a certification of financial responsibil-
ity worded as follows, except that instructions in brackets are to be re-
placed with the relevant information and the brackets deleted:
CERTIFICATION OF FINANCIAL RESPONSIBILITY
[Owner or operator] hereby certifies that [owner or operator] is in
compliance with the requirements of section 2807, article 3, chapter 18,
division 3, title 23, California Code of Regulations.
The mechanisms used to demonstrate financial responsibility as re-
quired by section 2807 are as follows:
[List the facility and address, each type of mechanism, name of issuer,
mechanism number (if appUcable), amount of coverage, effective period
of coverage, and whether the mechanism covers taking correcdve action
and/or compensating third parties for bodily injury and property damage]
[Signature of owner or operator]
[Name of owner or operator]
[Title]
[Date]
[Signature of witness or notary]
[Name of witness or notary]
[Date]
The owner or operator must update this certification whenever the
mechanisms used to demonstrate financial responsibihty change.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31 and 25299.33, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of section and NOTE filed 10-27-2000; operadve 11-26-2000
(Register 2000, No. 43).
§ 2809.2. Additional Financial information.
The Division or an appropriate regulatory agency may require an own-
er or operator to submit evidence of financial responsibility or other in-
formation relevant to compHance with this article at any dme.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.31 and 25299.33, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register92, No. 9).
2. Editorial coiTcction of printing errors in History 1 . (Register 92. No. 43).
3. Amendment of section and NoTi-; filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
Article 4. The Fund
§ 2810. Types of Costs Reimbursed.
(a) A claimant may submit a claim to the Fund for the reimbursement
of the following types of costs incurred due to an occurrenci;:
( 1 ) correct! ve action costs incurred for work performed on or after Jan-
uary 1, 1988;
(2) third party compensation costs;
(3) regulatory technical assistance costs incurred for work performed
on or after January 1 , 1997; or.
(4) any combinafion of the foregoing types of costs.
(b) A claimant must submit a separate claim for each occurrence. Mul-
tiple owners and operators of a site may submit joint claims.
NOTE: Authority cited: Secdon 25299.77, Health and Safety Code. Reference:
Sections 25299.13, 25299.51(f) and (i), 25299.54(a), 25299.55(c), 25299.57 and
25299.58, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code secfion 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1 . (Register 92. No. 43).
3. Amendment of section and Note filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
4. Amendment of secfion heading, secfion and Note filed 7-6-2004; operative
8-5-2004 (Register 2004, No. 28).
§ 2810.1. Eligible Claimants.
(a) Only a current or former owner or operator of an underground stor-
age tank or residential tank who has paid or will pay for the costs for
which reimbursement from the Fund is requested may file a claim against
the Fund. In order to file a request for reimbursement of third party com-
pensation costs, the owner or operator must be eligible to file a request
for reimbursement of correcfive action costs for the site at which the un-
authorized release occurred, and the judgment, arbitration award, or
settlement must have been entered or approved after January I, 1988.
(b) Notwithstanding subdivision (a), a person who owns a si te may file
a claim against the Fund if:
(1) an unauthorized release requiring correcdve action previously oc-
curred at the site;
(2) the site was the subject of completed corrective action;
(3) as a result of the corrective action identified in subdivisions (b)( 1 )
and (b)(2), a regulatory agency issued a closure letter stating that no fur-
ther action was required at the site;
(4) the person who completed the corrective action identified in subdi-
visions (b)(1) and (b)(2) was eligible for reimbursement from the Fund
and filed a claim with the Fund;
(5) reimbursements by the Fund for earlier claims at the site did not
exceed the amount of reimbursement authorized by section 2808.2, sub-
division (b) of this chapter; and
(6) a regulatory agency requires additional correcfive acfion at the site
due to addifionally discovered contamination from the previous unautho-
rized release.
(c) Purchasers of real property or persons who otherwise acquire real
property on which an underground storage tank or residential tank is si-
tuated may not receive reimbursement from the Fund for a ccst attribut-
able to an occurrence that commenced prior to acquisition of the real
property if:
( 1 ) the purchaser or acquirer knew or in the exercise of reasonable dili-
gence would have discovered that an underground storage tank or resi-
dential tank was located on the real property being acquired; and
(2) any person who owned the site or owned or operated an under-
ground storage tank or residenfial tank at the site prior to acquisifion by
Page 158.4
Register 2004, No. 2)i; 7-9-2004
Title 23
State Water Resources Control Board
8 2811
the purchaser or acquirer would not have been eligible for reimbursement
from the Fund.
(d)( 1 ) If an owner of an underground storage tank or residential tank
is ineligible to file a claim against the Fund, the operator at the time of
the act or omission causing the owner's ineligibility is also ineligible to
file a claim for the site.
(2) If an operator of an underground storage tank or residential tank is
ineligible to file a claim against the Fund, the owner at the time of the act
or omission causing the operator's ineligibility is also ineligible to file a
claim for the site.
(3) If a previous owner or operator of an underground storage tank or
residential tank is ineligible to file a claim against the Fund, the current
owner and the current operator may not receive reimbursement from the
Fund for a cost attributable to an occurrence that commenced when a pre-
vious owner or operator had ownership or control over the underground
storage tank or residential tank.
(e) For purposes of subdivisions (c) and (d)(3), an owner or operator
may use one of the following to demonstrate that a cost is eligible for re-
imbursement from the Fund because the cost is attributable to an occur-
rence that commenced after an ineligible owner or operator ceased hav-
ing ownership of or control over the underground storage tank or
residential tank.
( 1 ) A regulatory agency has issued a no further action letter for the site
after the previous, ineligible owner or operator ceased having ownership
of or control over the underground storage tank or residential tank.
(2) A person acquired the real property, underground storage tank, or
residential tank, or commenced operating at a site in reliance on an envi-
ronmental site assessment that concluded that petroleum contamination
was not an environmental concern at the site. For purposes of this subdi-
vision, an environmental site assessment must conform to the standards
set forth in subdivision (e)(4) of this section.
(3) After a person acquired the real property, underground storage
tank, or residential tank, or commenced operating at a site, an environ-
mental site assessment concluded that petroleum contamination was not
present at the site at the time of the assessment above regulatory action
levels. For purposes of this subdivision, an environmental site assess-
ment must conform to the standards set forth in subdivision (e)(4) of this
section.
(4) A person may rely only on an environmental site assessment that
conforms with all the standards of this subdivision (e)(4) to demonstrate
that a cost to be submitted to the Fund is not attributable to an occurrence
that commenced when a prior owner or operator had ownership of or con-
trol over an underground storage tank or residential tank.
(A) the person seeking to submit a claim to the Fund contracted with
the person conducting the environmental site assessment for preparation
of the site assessment;
(B) the environmental site assessment conforms to generally accepted
commercial practices or standards for due diligence;
(C) a professional geologist or professional engineer substantially
controls the environmental site assessment and signs the report of the en-
vironmental site assessment;
(D) the environmental site assessment concludes that petroleum con-
tamination is not an environmental concern because either:
(i) there is no evidence that there has been a release at the property; or
(ii) to the extent there has been a release at the property, a regulatory
agency has issued a written statement that no further action is required
for any release identified by the environmental site assessment; and
(E) in those circumstances in which the person preparing the environ-
mental site assessment determines that an underground storage tank or
residential tank is present or has been present on the site, the environmen-
tal site assessment includes sampling at locations that, in the engineer's
or geologist's professional opinion, are most likely to have petroleum
contamination, but at a minimum, includes sampling and analysis of soil
for petroleum constituents at each of the following locations:
(i) underneath the underground storage tank or residential tank,
(ii) at least once for each twenty linear feet of trench for piping, and
(iii) beneath each dispenser island at the site.
NOTE: Authority cited: Section 25299.77. Health and Safety Code. Reference:
Sections 25299.10, 25299.13, 25299.37(aHc), 25299.51(f) and (i). 25299..54.
25299.55, 25299.57 and 25299.58, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninteiTupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial coirection of printing en^ors in History 1. (Register 92. No. 4.3).
3. Amendment of subsection (a)(6) filed 12-27-94 as an emergency: operati\e
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code.
this section shall not be repealed by OAL and shall remain in effect until re\ ised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NOTH filed 10-27-2000; operative 1 1 - 2(>- 2000
(Register 2000, No. 43).
5. Amendment of subsection (a) and Noti; filed 7-6-2004; operative 8-5-2004
(Register 2004. No. 28).
§2810.2. Ineligibility of Cost Prior to January 1, 1988.
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.55(c), Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing eiTors in History 1. (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2810.3. Intentional or Reckless Acts; Ineligibility of
Costs.
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.61, Health and Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1 . (Register 92, No. 43).
3. Repealer filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 281 1 . Permitting and Other Eligibility Requirements.
(a) An owner or operator of an underground storage tank or a residen-
tial tank for which a permit is required under section 25284 of the Health
and Safety Code shall be entitled to reimbursement for eligible corrective
action, regulatory technical assistance, and third party compensation
costs if all of the following are met:
(1) There was an unauthorized release of petroleum from the under-
ground storage tank or residential tank.
(2)(A) Except as provided in subdivision (B), the claimant has com-
plied with the permit requirements of chapter 6.7 (commencing with sec-
tion 25280).
(B) If the underground storage tank or residential tank that is the sub-
ject of the claim was installed before January 1 , 1990, and the claimant
owned or operated the tank before January 1, 1990, the claimant must
have obtained any permit required by Health and Safety Code, division
20, chapter 6.7, or filed a substantially complete application for any re-
quired permit on or before January 1 , 1 990. If the claimant did not obtain
or file for a permit required by Health and Safety Code section 25284 on
or before January 1 , 1990, then the claimant may seek a waiver of the re-
quirement to obtain a permit, as set forth in subdivisions 1 . and 2. below.
1. For claims filed before January 1, 1994, a claimant may obtain a
waiver of the requirement to obtain a permit required by Health and Safe-
ty Code section 25284 if the claimant owned or operated the tank before
January 1, 1990, and demonstrates to the satisfaction of the Division that
obtaining or applying for a permit was beyond the claimant's reasonable
control, or that under the circumstances of the particular case, it would
be unreasonable or inequitable to impose the requirement to obtain a per-
mit. Any claimant who obtains a waiver of the requirement to obtain a
permit pursuant to this subdivision shall pursue with reasonable dili-
gence and obtain any permit required by Health and Safety Code, divi-
sion 20, chapter 6.7.
2. For claims filed on or after January 1 , 1994, and for claims filed be-
fore January 1 , 1994, but where the claimant is not granted a waiver pur-
Page 158.5
Register 2004, No. 28; 7-9-2004
§2811.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
suant to subdivision 1 . above, a claimant may obtain a waiver of tiie re-
quirement to obtain a permit required by Health and Safety Code section
25284 if the claimant owned or operated the tank before January 1 , 1 990,
and demonstrates all of the following to the satisfaction of the Division:
a. The claimant was unaware prior to January 1 , 1 990, of the require-
ment to obtain a permit, and the claimant did not intentionally avoid the
requirement or associated fees at any time.
b. Before submitting the application to the Fund, the claimant com-
plied with the financial responsibility requirements set forth in section
25299.3 1 of the Health and Safety Code.
c. Before submitting the application to the Fund, the claimant paid for
and obtained any currently required permit.
d. Before submitting the application to the Fund, the claimant paid all
currently due fees, interest, and penalties imposed pursuant to Health and
Safety Code, division 20, chapter 6.75, article 5 (commencing with sec-
tion 25299.40) and Revenue and Taxation Code, division 2, part 26
(commencing with section 50101) for the underground storage tank that
is the subject of the claim.
(C) A claimant to whom the Division grants a waiver pursuant to sub-
division (B)2. shall obtain a level of financial responsibility in an amount
twice as great as the amount that the claimant is otherwise required to ob-
tain pursuant to section 25299.32 of the Health and Safety Code. The Di-
vision may waive the requirements of this subdivision if the claimant can
demonstrate that the conditions specified in subdivisions (B)2.a., b., c,
and d. above were satisfied before the release resulting in contamination.
That demonstration may be made through a certification issued by the
permitting agency based on site and underground storage tank tests at the
time of permit application, or in any other manner acceptable to the Divi-
sion.
(3) The claimant has complied with any applicable financial responsi-
bility requirements.
(4) On or after January 1, 1988, the claimant was required to perform
corrective action pursuant to Health and Safety Code, division 20, chap-
ter 6.7, Water Code, division 7, or section 25299.37 of the Health and
Safety Code. If the claimant knew of the unauthorized release of petro-
leum that is the subject of the claim before January 1, 1988. and failed
to initiate corrective action on or before June 30, 1988, then the claimant
may not file a claim against the Fund.
(5) Any corrective action performed before December 2, 1991, was
performed in accordance with Health and Safety Code, division 20, chap-
ter 6.7 and Water Code, division 7. Any corrective action performed on
or after December 2, 1 99 1 , was performed in accordance with California
Code of Regulations, title 23, division 3, chapter 16. article 1 1. Any cor-
rective action performed was performed in accordance with the written
or oral directives of the appropriate regulatory agency. If oral directives
are relied upon, the claimant shall provide a written statement from the
regulatory agency certifying that the direcdves were issued or other veri-
fication as may be acceptable to the Division.
(6) The claimant paid all currently due fees, interest, and penalties im-
posed pursuant to Health and Safety Code, division 20, chapter 6.75. ar-
ticle 5 (commencing with section 25299.40) and Revenue and Taxation
Code, division 2, part 26 (commencing with section 50101) for the un-
derground storage tank that is the subject of the claim.
(b) An owner or operator of a residential tank for which a permit is not
required under section 25284 of the Health and Safety Code shall be en-
titled to reimbursement for eligible corrective action, regulatory techni-
cal assistance, and third party compensation costs only if the conditions
set forth in subdivisions (a)(1) and (3) of this section are met, and if any
corrective action performed was required to be performed by the regula-
tory agency and was performed in accordance with the written or oral di-
rectives of the regulatory agency. If oral directives are relied upon, the
claimant shall provide a written statement from the regulatory agency
certifying that the directives were issued or shall provide such other veri-
fication as may be acceptable to the Division.
NOTE; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13, 25299.37(aHc), 25299.54, 25299.57 and 25299.58. Health
and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninteiTupted pursuant to Health and Safety Code section 25299.77
(Register92. No. 9).
2. Editorial coiTection of printing errors in History 1. (Register 92. No. 43).
3. Amendment of subsections (a) and (a)(2), new subsections (a)(2)(A)-(C). and
amendment of subsections (b) and (c) filed 12-27-94 as an emergency; opera-
tive 12-27-94 (Register 94. No. 52). Notwithstanding Chapter 3.5 (commenc-
ing with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAL and shall remain in effect until
revised by the State Water Resources Control Board, pursuant to Health and
Safety Code section 25299.77. subdivision (b).
4. Editorial coiTection of subsection (c) (Register 96, No. 32).
5. Amendment of subsections (a)(2)(B)(i) and (a)(2)(C) filed 8-8-96; operative
8-8-96 pursuant to Government Code section 1 1 343.4(d) (Registei-96. No. 32).
6. Amendment of section heading, section and Notk filed 10-27-2000; operative
1 1-26-2000 (Register 2000. No. 43).
7. Amendment of section and Note filed 7-6-2004; operative 8-5-2C'04 (Reaister
2004, No. 28).
§ 281 1 .1 . Claim Priority Classes.
(a) The Board will assign each acceptable claim to one of thi; following
priority classes:
(1) Class A — Claims by owners of residential tanks as defined in ar-
ticle 2 of this chapter.
(2) Class B — Claims by owners and operators of undergroimd storage
tanks who meet the definition of a small business as defined in article 2
of this chapter, and cities, counties, districts, and nonprofit organizations
that have total annual revenues of not more than $7,000,000. In determin-
ing the amount of a nonprofit organization's annual revenues, only those
revenues directly attributable to the particular site which is the subject of
the claim will be calculated.
(3) Class C — Claims by owners and operators of undergroimd storage
tanks who own or operate a business that employs fewer than 500 fuU-
dme and part-time employees, is independently owned and operated,
and is not dominant in its field of operation, and claims by cities, coun-
ties, districts, and nonprofit organizations that have less than 500 full-
time and part-time employees. In determining the number of employees
employed by a nonprofit organization, only those full-time and part-
time employees employed at the site that is the subject of the claim will
be calculated.
(4) Class D — Claims by all other owners and operators of underground
storage tanks.
(b) For purposes of assignment to a priority class, the Board will base
the priority of a claim on the lowest priority appropriate for any claimant,
including any joint claimant, the owners and operators at the lime of dis-
covery of the unauthorized release, and the owners and operators at the
time of application to the Fund, unless the claimant can demonstrate to
the satisfaction of the Division that such treatment would be inconsistent
with the priority scheme mandated by section 25299.52, subdivision (b)
of the Health and Safety Code.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52(a)-(b) and 25299.54(e)(l)-(2), Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code sectisn 25299.77
(Register 92. No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (a)(l )-(3) filed 12-27-94 as an emergency; opera-
tive 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commenc-
ing with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government
Code, this section shall not be repealed by OAL and shall remain in effect until
revised by the State Water Resources Control Board, pursuant to Health and
Safety Code section 25299.77. subdivision (b).
4. Amendment of subsections (a)(2)-(3) filed 8-8-96; operative 8-8-96 pursuant
to Government Code section 1 1343.4(d) (Register 96, No. 32).
5. Amendment of section and Notf filed 10-27-2000; operative 11-26-2000
(Register 2000, No. 43).
Page 158.6
Register 2004, No. 7S; 7-9-2004
Title 23
State Water Resources Control Board
§ 2811.3
§ 281 1 .2. Fund Application Requirements; Reimbursement
Requests for Corrective Action Costs.
A Fund application for reimbursement of corrective action costs shall
contain the following:
(a) the name of the claimant, a correspondence address, a telephone
number or numbers where the claimant can be contacted during normal
business hours, and a federal tax identification number or social security
number,
(b) if a joint claim is submitted by multiple owners and operators, the
name, correspondence address, telephone number or numbers, tax iden-
tification number or social security number of each claimant, and the
dates during which each claimant owned or operated the underground
storage tank or residential tank that is the subject of the claim;
(c) if the claimant designates a representative to be a co-payee for pay-
ment from the Fund, the name, address, and telephone number of the co-
payee;
(d) the site address or a description of the site where the underground
storage tank or residential tank that is the subject of the claim is located,
and a site map drawn to scale which includes a north arrow and distances
relative to the nearest public roads;
(e) any identification number assigned by a regulatory agency, and the
underground storage tank storage fee account number assigned by the
California Board of Equalization, if applicable;
(f) a brief description of the background of the claim, to the best of the
claimant's knowledge, including the following:
( 1 ) if the claimant is an owner, the date on which the claimant acquired
the underground storage tank or residential tank that is the subject of the
claim, the person from whom the claimant acquired the underground
storage tank or residential tank and, if the underground storage tank or
residential tank has been transferred to another person, the date of trans-
fer and the person who acquired the underground storage tank or residen-
tial tank;
(2) if the claimant is an operator, the dates during which the claimant
operated the underground storage tank or residential tank that is the sub-
ject of the claim, the person who owned the underground storage tank or
residential tank during such periods, including the person's last known
correspondence address and telephone number, the name and address of
the current owner of the underground storage tank or residential tank in-
volved, and the priority class that would be appropriate for the current
owner if the owner were to file a claim against the Fund;
(3) if the claimant owns the site at which the underground storage tank
or residential tank that is the subject of the claim is located, the date on
which the claimant acquired the site, the person from whom the claimant
acquired the site, and if the site has been transferred, the date of sale and
the person who acquired the underground storage tank or residential
tank.
(4) the capacity of the underground storage tanks or residential tanks
located at the site and the substances that have been stored therein;
(5) the date on which the claimant first learned of the unauthorized re-
lease;
(6) the date on which any corrective action was initiated and the cur-
rent status of any corrective action in progress;
(7) if corrective action on the site is complete, the date on which such
action was completed; and
(8) a brief description of the corrective action which was undertaken;
(g) a statement of the priority class sought by the claimant and the fol-
lowing documentation to support assignment to that priority class:
(1) for Priority Class A, documentation showing that the tank meets
the definition of "residential tank" set forth in section 2804;
(2) for Priority Class B, copies of the claimant's federal tax returns. If
the claimant is a city, county, or district, a copy of the Annual Report of
Financial Transactions as submitted to the State Controller's Office for
the latest fiscal year. If the claimant is a nonprofit organization, a copy
of the annual fiscal report filed with the Registry of Charitable Trust or
a copy of the federal tax records for the latest fiscal year;
(3) for Priority Class C, documentadon idenUfying the number of full-
time and part-fime employees (e.g., copy of an Employment Develop-
ment Department form DE6);
(h) a statement of the total amount of costs for which reimbursement
is sought;
(i) a certification that all corrective acdon costs claimed were incurred
for work performed after January 1 , 1 988;
(j) a cerfification that the claimant meets all applicable eligibility re-
quirements set forth in secUon 2811 of this chapter;
(k) an agreement by the claimant that the Board may conduct an audit
of any claim honored by the Board and that the claimant will reimburse
the Board for any disallowance of costs occasioned by such an audit. The
claimant must agree to retain all records pertaining to the claim for a peri-
od of at least three years after final payment by the Fund, and to provide
the records to the Board upon request. The three-year period shall be ex-
tended undl the completion of any audit in progress; and
(/) a copy of any agreement entered into by a claimant where a person
agrees to incur costs on behalf of the claimant or where the claimant as-
signs Fund reimbursement rights to a person;
(m) if a claimant has entered into the agreement described in subdivi-
sion (/), documentadon that confirms the date of the agreement (e.g., a
sworn statement by all pardes to the agreement);
(n) any other information or suppordng documentation reasonably re-
quired by the Division to determine the eligibility, reimbursable amount
due, or appropriate priority class of the claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13, 25299.37(a), (b) and (e), 25299.52(aHb>, 25299.54(a)-(e),
25299.55, 25299.57(a). (b), (d) and (f), 25299.58(b)(1), (3) and (4) and
25299.59(c), Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsections (j), (j)(3), (k), and (/) filed 12-27-94 as an emergen-
cy; operative 12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5
(commencing with section 1 1340) of Part I of Division 3 of Title 2 of the Gov-
ernment Code, this section shall not be repealed by OAL and shall remain in ef-
fect until revised by the State Water Resources Control Board, pursuant to
Health and Safety Code section 25299.77, subdivision (b).
4. Amendment of section heading and subsection (e) filed 8-8-96; operative
8-8-96 pursuant to Government Code section 1 1 343.4(d) (Register 96. No. 32).
5. Amendment of section heading, section and Notk filed 10-27-2000; operative
1 1-26-2000 (Register 2000, No. 43).
6. Amendment of section heading, first paragraph and subsection (g)( 1 ), new sub-
sections (/) and (m), subsection relettering and amendment of NoTi; filed
7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§ 2811.3. Fund Application Requirements; Reimbursement
Requests for Third Party Compensation Costs.
A Fund application for reimbursement of third party compensation
costs shall contain the following:
(a) the informadon described in secdon 2811.2, subdivisions (a)
through (h) and, if applicable, subdivisions (/) and (m);
(b) a cerdficadon that the claimant meets all applicable eligibility re-
quirements set forth in secdon 281 1 of this chapter;
(c) a cerdfied or verified copy of the judgment, court-approved settle-
ment, or arbitration award pursuant to which the claimant seeks reim-
bursement;
(d) an agreement by the claimant that the Board may conduct an audit
of any claim honored by the Board and that the claimant will reimburse
the Board for any disallowance of costs occasioned by such an audit. The
claimant must also agree to retain all records pertaining to the claim for
a period of at least three years after final payment on the claim, and to
provide the records to the Board upon request. The three-year period
shall be extended until the compledon of any audit in progress.
(e) any other informadon or supporting documentation reasonably re-
quired by the Division to determine the eligibility, reimbursable amount
due, and appropriate priority class of the claim.
Page 158.7
Register 2004, No. 28; 7-9-2004
§ 2811.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTH. Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13. 25299.37(a), (b) and (e), 25299.52(aHb), 25299.54(aHd),
25299.55, 25299.57(a), (b), (d) and (0. 25299.58 and 25299.59(c), Health and
Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing enors in History 1. (Register 92, No. 43).
3. Amendment of section heading filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 1 1 343.4(d) (Register 96, No. 32).
4. Amendment of section and NoTi; filed 10-27-2000; operative 11-26-2000
(Register2000, No. 43).
5. Amendment of section heading, first paragraph, subsection (a) and Note filed
7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§ 281 1.4. Pre-Approval of Corrective Action Proposals or
Bids; Assistance with Contractor and
Consultant Selection.
(a) Where a claimant seeks pre-approval of a proposal or bid for pre-
paring a workplan or corrective action plan as specified in the California
Code ofRegulations, title 23. division 3, chapter 16, article 1 1, the claim-
ant shall submit copies of all proposals or bids received for preparing the
workplan or corrective action plan.
(b) Where a claimant seeks pre-approval of corrective action propos-
als or bids for implementing a workplan or corrective action plan, the
claimant shall submit the following:
(1 ) a copy of the workplan or corrective action plan prepared as speci-
fied in the California Code ofRegulations, title 23, division 3, chapter 16,
article 1 1 ;
(2) a copy of a letter or other written materials that demonstrate to the
Division's satisfaction that the appropriate regulatory agency has di-
rected that a workplan or corrective action plan be prepared, and that the
regulatory agency has concurred with the workplan or corrective action
plan;
(3) copies of all proposals or bids that the claimant received from con-
tractors or consultants for conducting the work specified in the workplan
or corrective action plan. If the claimant has obtained fewer than three
proposals or bids, the claimant must submit a written request that the Di-
vision waive the three bid requirement pursuant to section 28 1 2. 1 of this
chapter. The request must include an explanation as to why the three bid
requirement is unnecessary, unreasonable or impossible to comply with
under the circumstances pertaining to the claim; and
(4) other information the Division deems necessary.
(c) The Division shall approve or disapprove as reasonable and neces-
sary the proposals or bids submitted for preparing or implementing the
specified workplan or corrective action plan within 30 days after the date
a request is received. If the Division disapproves a request for pre-ap-
proval or fails to act within 30 days after receiving the request, the claim-
ant may petition the Board for review using the procedures set forth in
article 5 of this chapter.
(d) Where a claimant requests assistance in the selection of contractors
and consultants, the Division shall provide assistance with the following:
(1) identification of potential contractors and consultants;
(2) preparation of requests for statements of qualifications from poten-
tial contractors and consultants;
(3) comparison and evaluation of the qualifications of contractors and
consultants;
(4) preparation of invitations for obtaining estimates and bids from
contractors and consultants; and
(5) comparison of proposals and bids.
(e) When providing assistance to claimants pursuant to subdivision (d)
of this section, the Division may not recommend, approve, or disapprove
consultants or contractors. The responsibility for procuring, managing,
and dismissing consultants and contractors is the sole responsibility of
the claimant.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37, 25299.54(a)-(e), 25299.55, 25299.57, 25299.58(b)(1),
(3)-(4) and 25299.59(c), Health and Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1 . (Register 92, No. 43).
3. Amendment of subsection (e) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section heading, repealer and new section and anendment of
Note filed 8-8-96; operative 8-8-96 pursuant to Government Code section
1 1343.4(d) (Register 96, No. 32).
5. Amendment of section headins, section and Note filed 10-27-2000; operative
1 1-26-2000 (Register 2000, No. 43).
§ 2812. General Procedures for Reimbursement.
(a) The Board will issue eligible claimants a letter of commitment that
will obligate funds for ehgible corrective action costs, regulatory techni-
cal assistance costs, third party compensation costs, or any combination
of the foregoing. Issuance of a letter of commitment does not guarantee
that the costs claimed in the application are eligible or will be nnmbursed
by the Fund.
(b) After being issued a letter of commitment, a claimant may submit
a request for reimbursement of costs incurred to date.
(c) A claimant may submit reimbursement requests on an on-going
basis for eligible costs provided that the requests are for $10,000 or more,
and not made more than once a month except for final payment.
(d) Reimbursement requests must include invoices and auxiliary doc-
umentation that demonstrate to the Division's satisfaction that the cor-
rective action and regulatory technical assistance costs claimed by a
claimant are ehgible. Invoices must include, at a minimum, all of the fol-
lowing:
( 1 ) a brief description of the work performed;
(2) the date when the work was performed;
(3) the consultant's or contractor's name and address:
(4) the name or initials of the person performing the work;
(5) the job classification or title and hourly rate of the person perform-
ing the work;
(6) the hours charged for each task per day;
(7) the cost amount of the work performed;
(8) if the invoice is for telephone calls or meetings and is submitted to
support a request for reimbursement of regulatory technical assistance
costs, then the invoice must identify the subject of the telephone calls or
meetings and the person contacted; and
(9) if the invoice identifies typical overhead costs (such as cleical sup-
port, copying costs, postage costs, and telephone costs) as distinct costs,
then documentation should be submitted explaining why these costs are
not included in the billed rate.
(e) A claimant may name a designated representative as a co-]3ayee for
payments from the Fund. In such cases, the Board will issue piayments
jointly to the claimant and the designated representative.
(f) Within 60 days of the receipt of a properly documented reimburse-
ment request, the Board will pay for reasonable and necessary costs or
inform the claimant of the Board's basis for rejecting the costs.
(g) Within 30 days of receipt of reimbursement from the Fund a claim-
ant must pay all reimbursed costs incurred by the claimant, but not yet
paid. If a claimant has not paid such costs within 30 days, the claimant
shall return the unpaid funds to the Board.
(h) In the event of an overpayment of a claim, the claimant shall repay
the overpayment within 20 days of request as provided by Government
Code section 12419.
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13, 25299.37(d), 25299.55, 25299.56 and 25299.57, Health and
Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operafive 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
•
Page 158.8
Register 2004, No. 28; 7-9-2004
Title 23
State Water Resources Control Board
§ 2812.2
•
3. New subsections (d)-(d)(4) and subsection relettering filed 8-8-96; operative
8-8-96 pursuant to Government Code section 1 1343.4{d)(Register96,No. 32).
4. Amendment of section and Notk filed 10-27-2000; operative 11-26-2000
(Register 2000. No. 43).
5. Amendment of subsections (d)(8) and (g) and amendment of Noth filed
7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§ 2812.1. Compliance with Laws; Bid Requirements.
(a) Claimants must follow applicable state laws and regulations in pro-
curing consultant and contractor services and must ensure that such ser-
vices are obtained from qualified firms at a reasonable cost and that the
costs are necessary.
(b) Claimants must obtain at least three written competitive bids with
detailed cost estimates that include unit prices and quantities for correc-
tive action work contracted for on or after December 2, 1991, and to be
performed by licensed contractors within the meaning of Business and
Professions Code, division 3. chapter 9 (commencing with section 7000).
Claimants must obtain at least three written proposals with detailed cost
estimates that include unit prices and quantities for corrective action
work contracted for on or after December 2, 1991, and to be performed
by professional geologists within the meaning of Business and Profes-
sions Code, division 3, chapter 12.5 (commencing with section 7800) or
by professional engineers within the meaning of Business and Profes-
sions Code, division 3, chapter 7 (commencing with section 6700). The
requisite bids or proposals must conform to the workplans and corrective
action plans prepared pursuant to California Code of Regulations, title
23, division 3, chapter 16, article 11.
(c) Local governmental entities shall comply with applicable public
contract requirements including the requirements of Public Contract
Code, division 2, part 3 (commencing with section 20100).
(d) Claimants are not required to submit proposals or bids when they
file a Fund application, but the Fund will not normally reimburse claim-
ants for any work for which proposals or bids are required until the costs
for which reimbursement is requested are supported by at least three pro-
posals or bids. The Fund may waive the three-bid or -proposal require-
ment if the Division finds that the requirement is unnecessary, unreason-
able, or impossible to comply with under the circumstances pertaining to
a particular claim.
(e) Where this chapter requires a claimant to submit proposals or bids,
the Board will limit reimbursement from the Fund to the amount of the
lowest proposal or bid submitted to the claimant for the work involved
unless:
(1) the Division determines justification exists for rejection of the low-
est proposal or bid; or
(2) the costs of the work involved are reasonable and necessary, and
the work involved was performed by or under the direction of profession-
al engineers within the meaning of Business and Professions Code, divi-
sion 3, chapter 7 or professional geologists within the meaning of Busi-
ness and Professions Code, division 3, chapter 12.5.
(f) Where a claimant incurs increased costs or changes the scope of
work covered by the awarded proposal or bid, the claimant must justify
to the Division's satisfaction any costs in excess of the awarded proposal
or bid.
Note; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13 and 25299.57, Health and Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 11 340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section and NOTE filed 8-8-96; operative 8-8-96 pursuant to
Government Code section 1 1343.4(d) (Register 96, No. 32).
5. Amendment of section and Note filed 10-27-2000; operadve 11-26-2000
(Register 2000, No. 43).
6. Amendment of subsection (d) and NoTi-; filed 7-6-2004; operative 8-5 2004
(Register 2004, No. 28).
§ 2812.2. Eligible and Ineligible Costs.
(a) The Board may only reimburse from the Fund reasonable and nec-
essary corrective action, regulatory technical assistance, and third party
compensation costs that are incurred by or on behalf of a claimant.
(b) hi order to be reimbursable from the Fund, the corrective action
work undertaken must be acceptable to the appropriate regulatory
agency.
(c) The Board will review court-approved settlements to assure that
awarded costs, including third party compensation costs, are eligible.
(d) Regulatory agency oversight costs of corrective action work are el-
igible costs.
(e) The following are ineligible corrective action and regulatory tech-
nical assistance costs:
( 1 ) attorney fees or other legal costs, except those to provide regulato-
ry technical assistance;
(2) interest or any finance charge;
(3) any cost associated with removal, repair, retrofit, or installation of
an underground storage tank, residential tank, or the equipment
associated with an underground storage tank or residential tank;
(4) any cost associated with supervision by a claimant of corrective ac-
tion;
(5) the cost of soil density tests that are not directly related to the cor-
recfive acuon which is the subject of the claim;
(6) the cost of environmental audits or pre-purchase agreements un-
less performed as part of correcfive action;
(7) the cost of testing for non-hydrocarbon contamination that is not
associated with correcfive acfion which is the subject of the claim;
(8) the cost of abandonment of wells not directly impacted by the un-
authorized release and not installed or used for corrective action pur-
poses;
(9) the cost of blacktop or concrete replacement or repair not direcfiy
associated with correcfive acfion;
(10) the cost of demoHfion of buildings except when it can be demon-
strated to the Division's safisfacfion to be necessary to implement the
most cost effecfive correcfive action option;
(1 1) the cost of repairs, remodels, or reconstruction of buildings or oth-
er improvements;
(12) the cost of monitoring devices to detect hydrocarbon contamina-
tion in soil, the vadose zone, or water to the extent that they are not used
for corrective action;
(13) the cost of small tools except as required for corrective action;
(14) the cost of purchase of equipment, unless the claimant can dem-
onstrate that the purchase of equipment is more cost effective than leas-
ing or renting;
(15) any consequential costs incurred as a result of corrective action
such as, but not limited to, loss of rents or business;
(16) the added costs of implementing a corrective action alternative
that is not the most cost-effective alternative to achieve cleanup levels
identified as necessary by the regulatory agency;
( 1 7) the costs of corrective action incurred to clean up the property be-
yond cleanup levels identified as necessary by the regulatory agency;
( 1 8) correcfive acfion costs incurred by the claimant before January 1 ,
1988;
(19) regulatory technical assistance costs incurred before January 1,
1997;
(20) regulatory technical assistance costs in excess of $3,000 per oc-
currence submitted with a reimbursement request received by the Fund
on or after January 1, 2000;
(21) costs associated with resubmitfing an application or reimburse-
ment request to the extent the costs are incurred in response to a finding
of noncompHance with the application or reimbursement requirements
contained in this chapter; and
(22) any other costs not directly related to corrective action, including
but not fimited to costs associated with fihng of appeals and petitions.
Page 158.9
Register 2004, No. 28; 7-9-2004
§ 2812.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(f) Only third party compensation costs incurred on or after January
1, 1988 are eligible for reimbursement from the Fund. The Fund may
only reimburse the following types of third party compensation costs:
( 1 ) medical expenses caused by an unauthorized release;
(2) actual lost wages or business income caused by an unauthorized
release;
(3) actual expenses for remedial action necessary to remedy the effects
of property damage caused by an unauthorized release; and
(4) damages equal to the fair market value of any property rendered
permanently unsuitable for beneficial use by an unauthorized release.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.'l0, 25299.14, 25299.51, 25299.57 and 25299.58, Health and
Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (d)( 10), new subsections (d)( 1 1 ), (d)(l 5) and (d)( 16),
and subsection renumbering filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of section heading, section and Noth filed 1 0-27-2000; operative
1 1-26-2000 (Register 2000, No. 43).
5. Amendment of subsection (e)(7) filed 7-6-2004; operative 8-5-2004 (Register
2004, No. 28).
§ 2812.3. Double Payment.
(a) A claimant may not receive reimbursement from the Fund for cor-
rective action, regulatory technical assistance, or third party compensa-
tion costs that have been or will be reimbursed from another source.
(b) If a claimant receives compensation for corrective action, regulato-
ry technical assistance, or third party compensation costs from the Fund
and also receives compensation from a source other than the Fund for the
same costs, the claimant will remit to the Fund an amount equal to the
sum disbursed from the Fund on account of such costs.
(c) If a claimant has received compensation (such as a settlement pay-
ment or a reduction in the cost to acquire an interest in real property) from
another source, the Division shall determine whether the claimant will re-
ceive a double payment if the Fund reimburses the claimant's corrective
action, regulatory technical assistance, or third party compensation costs.
If the claimant can demonstrate that the compensation was for costs other
than corrective action, regulatory technical assistance, or third party
compensation costs, the Division shall not consider the compensation to
be a double payment. For that demonstration the claimant must submit
to the Division, for its review, all of the following documents:
(1) the written contract (e.g., a settlement agreement) or judgment re-
quiring the payment of compensation to the claimant.
(2) the pleadings in any underlying lawsuit, demands or any other re-
quest for compensation that relates to the compensation paid to the claim-
ant.
(3) the claimant's documentation of actual, ascertainable costs to
which the payment of compensation reasonably may be attributed based
on the documents described in subdivisions (1) and (2) above. The Divi-
sion will not allocate the payment to costs that are unsubstantiated.
(4) any other information or supporting documentation reasonably re-
quired by the Division to explain the purpose(s) of the compensation re-
ceived by the claimant.
(d) The Division shall not consider reimbursement of corrective ac-
tion, regulatory technical assistance, or third party compensation costs
that are advanced to a claimant or incurred on behalf of a claimant to be
a double payment if:
(1) the costs are advanced or incurred pursuant to a written contract,
other than an insurance contract, that is executed prior to the date the
costs are advanced or incurred;
(2) the contract requires the claimant to remit any reimbursement re-
ceived from the Fund to the person advancing or incurring the costs;
(3) the claimant remits the Fund reimbursement to the person who ad-
vanced or incurred the costs pursuant to the contract; and,
(4) the claimant does not benefit, directly or indirectly, from this con-
tractual payment agreement.
(e) Notwithstanding subdivision (a), a claimant may receive reim-
bursement from the Fund for corrective action, regulatory technical as-
sistance, or third party compensation costs if an insurer has advanced the
costs pursuant to an insurance contract and either of the following apply:
(1) The insurance contract explicitly coordinates insurance benefits
with the Fund and requires the claimant to do both of the following:
(A) maintain the claimant" s eligibility for reimbursement of costs from
the Fund by complying with all applicable eligibility requirements, and
(B) reimburse the insurer for costs paid by the insurer per ding reim-
bursement of those costs by the Fund.
(2) The claimant received a letter of commitment prior to June 30,
1999, for the occurrence and the claimant is required to reimburse the in-
surer for any costs paid by the insurer pending reimbursement of those
costs by the Fund.
(f) Notwithstanding subdivision (a), when a claimant obtains settle-
ment proceeds or a judgment for costs the Fund would otherwise have
reimbursed, the Fund may bear a fair share of the claimant's costs of ob-
taining the settlement proceeds or judgment.
( 1 )(A) The Fund's fair share shall be equal to the lesser of I . or 2. be-
low:
1 . the claimant's actual legal fees and legal costs incurred in collecting
the settlement or obtaining the judgment multiplied by the fraction of the
costs the Fund would otherwise have reimbursed (i.e., the amount calcu-
lated as the benefit to the Fund) divided by the total settlement or judg-
ment amount, as shown below.
(actual legal fees and costs) x
benefit to the Fund
total settlement or judgment amount
-1 •
2. thirty (30) percent of the claimant's otherwise reimbursable costs
obtained by the settlement or judgment (i.e., the amount calculated as the
benefit to the Fund.
(B) The Fund shall deduct its fair share from the amount cetermined
to be a double payment. If, however, the amount of the double payment
is greater than the claimant's corrective action costs, the Fund shall pay
its fair share to the claimant directly.
(2) The Fund shall not bear a fair share if the person paying the monies
to the claimant pursuant to the settlement or the judgment is eligible to
file a claim against the Fund and has not waived its ability to file a claim.
(3) The Fund shall not bear a fair share if both of the following are met:
(A) all of the claimant's documented costs that are related to the causes
of action alleged in the underlying complaint have been met by the settle-
ment or judgment; and
(B) all of the claimant' s documented costs of obtaining the settlement
or judgment have been met.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.10, 25299.51, 25299.54, 25299.57 and 25299.58, Health and
Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Tjxt remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in HISTORY 1 . (Register 92, No. 43).
3. Amendment filed 12-27-94 as an emergency; operative 12-27-94 (Register
94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, this secfion shall not be
repealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code secfion 25299.77,
subdivision (b).
4. Amendment of subsecfions (a) and (b) filed 8-8-96; operative 8-8-96 pursuant
to Government Code section II 343.4(d) (Register 96, No. 32).
5. Amendment of secfion heading, section and Note filed 10-27-2000; operafive
1 1-26-2000 (Register 2000, No. 43).
Page 158.10
Register 2004, No. 28, 7-9-2004
Title 23
State Water Resources Control Board
§ 2813
6. Amendment of subseetions (c)-(e)(3), repealer of subsection (d), new subsec-
tions (c)(4Md)(4) and amendment of subsections (f)(l )(A)-(f)(l)(A)2. filed
7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
§ 2812.4. intentional or Reckless Acts; Ineliglblity of
Costs.
Notwithstanding any other provision of this article, corrective action
costs, regulatory technical assistance costs, and third party compensation
costs that result from the gross negligence or the intentional or reckless
acts of the claimant or an agent, servant, employee or representative of
the claimant, are not eligible for reimbursement from the Fund.
NOTi:: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.61, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment filed 12-27-94 as an emergency; operative 12-27-94 (Register
94, No. 52). Notwithstanding Chapter 3.5 (commencing with section 1 1 340) of
Part 1 of Division 3 of Title 2 of the Government Code, this section shall not be
repealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299.77,
subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
§ 2812.5. Reimbursement Limitations.
(a)(1) The Board may not reimburse from the Fund more than
$1 ,000,000 per occurrence less the claimant's level of financial responsi-
bility as set forth in section 2808. 1 of this chapter.
(2) Notwithstanding subdivision (a)( 1 ) of this section, if the Board has
already reimbursed a claimant the maximum amount specified in subdi-
vision (a)( 1 ) of this section, the Board may reimburse from the Fund up
to an additional $500,000 per occurrence for reasonable and necessary
corrective action and regulatory technical assistance costs.
(b) For each occurrence, a claimant must pay for otherwise eUgible
costs in the amount of the claimant's level of financial responsibility as
set forth in section 2808. 1 of this chapter. For each occurrence, the Board
may reimburse from the Fund only eligible corrective action, regulatory
technical assistance, and third party compensation costs in excess of a
claimant's level of financial responsibility.
(c) If multiple or joint claimants file separate or joint claims against the
Fund for the same occurrence, the Fund will require the claimants as a
group to pay the amount of financial responsibility only once per occur-
rence. The required amount of financial responsibility will be equal to the
amount of financial responsibility that would be required of the claimant
in the lowest priority class.
(d) Reimbursement under section 2813.1, subdivision (c) of this chap-
ter is available only to the extent that reimbursement for the earlier cor-
rective action does not exceed the amount of reimbursement authorized
by this section.
(e) No claimant may receive reimbursement from the Fund in any fis-
cal year which exceeds five percent of the total amount appropriated by
the legislature for payment of claims for that fiscal year unless exempted
by the Board pursuant to Health and Safety Code, section 25299.60, sub-
division (c)(2).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13, 25299.32. 25299.57(a), 25299.58, 25299.59(b) and
25299.60(c), Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Repealer and new secfion filed 10-27-2000; operative 11-26-2000 (Register
2000, No. 43).
4. Amendment of subsection (b) and Note filed 7-6-2004; operative 8-5-2004
(Register 2004, No. 28).
§ 2812.6. Verification of Claims.
Claimants shall verify under penalty of perjury thai all statements,
documents and certifications contained in or accompanying a claim are
true and correct to the best of the claimant's knowledge. This shall in-
clude all statements and documents submitted during the active life of the
claim.
NOTE: Authority cited: Secdon 25299.77, Health and Safety Code. Reference:
Section 25299.55(a), Health and Safety Code.
History
1 . New section filed 12-27-94 as an emergency; operative 1 2-27-94 (Register 94,
No. 52). Notwithstanding Chapter 3.5 (commencing with section 1 1 340) of Fart
1 of Division 3 of Title 2 of the Government Code, this section shall not be re-
pealed by OAL and shall remain in effect until revised by the State Water Re-
sources Control Board, pursuant to Health and Safety Code section 25299.77,
subdivision (b).
2. Amendment of section headine, section and Noti: filed 10-27-2000; operative
1 1-26-2000 (Register 2000, No. 43).
§ 2812.7. Submission and Receipt of Claims.
A claimant may hand-deliver claims to the Board or submit claims by
mail. A claimant shall not submit claims by facsimile or through other
electronic means.
NOTE: Authority: Section 25299.77, Health and Safety Code. Reference: Section
25299.55, Health and Safety Code.
History
1 . New section filed 8-8-96; operative 8-8-96 pursuant to Government Code sec-
tion 11343.4(d) (Register 96, No. 32).
2. Repealer and new section filed 10-27-2000; operative 1 1-26-2000 (Register
2000, No. 43).
§ 281 2.8. Disqualification of Claims.
The Board may disqualify a claim and may bar the claim from further
participation in the Fund at any time during the active life of the claim if
it is found that the claimant has made a misrepresentation.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.55 and 25299.56(a), Health and Safety Code.
History
1. New section filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2813. Creation of Priority Lists.
(a) At least once each calendar year, the Board will adopt a revised
priority list. The Board will place on a revised priority list only those
claims received at least 30 days prior to adoption of a revised list and for
which the Board has not issued a letter of commitment.
(b) Within 60 days of receipt of a new, completed Fund application
that was not included on the previous priority list, the Division will con-
duct a review of the claim to determine if the claim is eligible.
(c) The Board will not incorporate into a revised priority list those
claims from the previous priority list for which a letter of commitment
has been issued.
(d) Claims which are carried over from a previous priority list will re-
tain their previous ranking within their respective priority class on any
revised priority list. New claims added to any priority class on any re-
vised priority list will be ranked below claims that are carried over from
the previous priority list within that class, and the new claims will be
ranked in the order of receipt. New claims received on the same day will
be randomly ranked.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.13, 25299.52(a)-(b) and 25299.55, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Repealer and new section filed 10-27-2000; operative 1 1-26-2000 (Register
2000, No. 43).
5. Amendment of subsection (b) and Note filed 7-6-2004; operative 8-5-2004
(Register 2004, No. 28).
Page 158.11
Register 2004, No. 28; 7-9-2004
§ 2813.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 2813.1. Effect of Placement on Priority List.
(a) Placement of a claim on the priority list does not constitute a com-
mitment to reimburse eligible costs claimed. Such a commitment will be
deemed to occur only when a letter of commitment is issued thai specifi-
cally commits funds to a claim.
(b) Claims on the priority list will generally be processed and paid ac-
cording to priority class and the ranking of claims within each priority
class. To the extent practicable, all claims within a higher priority class
will be processed and paid before any claims in a lower priority class.
(c) Reimbursement to a claimant on a site that has been reopened pur-
suant to section 28 1 0. 1 , subdivision (b) of this chapter will be made when
funds are available as follows:
(1) If the original claim has not been issued a letter of commitment,
then the claim on the reopened site shall be placed on the priority list with
the same priority class and rank as the original claim.
(2) If the original claim has been issued a letter of commitment, then
a letter of commitment will be issued for the reopened site ahead of all
other claims on the priority list.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52(a)-(c), 25299.55 and 25299.57, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (a) filed 12-27-94 as an emergency; operative
12-27-94 (Register 94, No. 52). Notwithstanding Chapter 3.5 (commencing
with section 1 1340) of Part 1 of Division 3 of Title 2 of the Government Code,
this section shall not be repealed by OAL and shall remain in effect until revised
by the State Water Resources Control Board, pursuant to Health and Safety
Code section 25299.77, subdivision (b).
4. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Gov-
ernment Code section 11343.4(d) (Register 96, No. 32).
5. Repealer of former section 2813.1 and renumbering of former section 2813.2
to new section 2813.1, including amendment of section and Note, filed
10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2813.2. Management of Priority Lists.
To assure equitable, effective, and timely use and expenditure of avail-
able Fund monies, the Board reserves the right at any time to:
(a) modify the order of processing, payment and approval of claims
against the Fund;
(b) modify the ranking of claims within any priority class, provided,
however, that such action will only be taken after public hearing;
(c) transfer a claim to its correct priority class if the claim has been in-
appropriately assigned to a priority class. The claim will be placed on the
list in accordance with the date on which the claim was received;
(d) determine that a claim that is on the priority list shall receive no fur-
ther funding or shall be reduced in rank or priority class if the claimant
fails to pursue completion of corrective action with reasonable diligence;
(e) waive any non-statutory requirements pertaining to processing,
payment or approval of claims.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.52, 25299.55 and 25299.57(d)(2)-(3), Health and Safety Code.
History
1 . New section filed 1 2-2-9 1 as an emergency; operative 1 2-2-9 1 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Renumberingof former section 2813.2 to new section 2813.1 and renumbering
of former section 2813.3 to new section 2813.2, including amendment of sec-
tion and Note, filed 10-27-2000; operative 11-26-2000 (Register 2000, No.
43).
§ 2813.3. Removal from the Priority List; Suspension and
Rejection of Claims.
(a) A claim that has been placed on the priority list may be removed
if:
(1) the claimant is not in compliance with any of the applicable re-
quirements of this chapter, the California Code of Regulations, title 23,
division 3, chapter 16, Health and Safety Code, division 20, chapters 6.7
or 6.75, or any provision of the Water Code under which the claimant is
required to take corrective action in response to an unauthorized release
of petroleum from an underground storage tank or a resideni ial tank; or
(2) the claimant fails to provide necessary documentation or informa-
tion, or refuses to provide access to the site that is the subject of the claiin
to a regulatory agency; or
(3) the information submitted with the claim contains a material error.
(b) The Division staff shall issue a Notice of Intended Reinoval from
the priority list prior to such removal. The notice shall inform the claim-
ant that the Division staff proposes to remove the claim and shall stale the
grounds for the Division staffs determination.
( 1 ) If the Division staff issues such a notice, no payments shall be made
on account of such claim until the claimant has corrected the condition
that was the basis for the removal. If, within 30 days after the date of the
notice, the claimant fails to correct the condition that is the basis for the
proposed removal or fails to file a request for review or an appeal with
the Fund Manager or Division Chief, as appropriate, pursuant to article
5 of this chapter, the Division staff shall remove the claim froin the prior-
ity list when the 30-day period has ended.
(2) In the event of a request for review by the Fund Manager, an appeal
to the Division Chief, or a petition to the Board, the claim involved shall
remain on the priority list pending resolution of the request for review,
appeal or petition but no payments shall be made on the claim until such
resolution.
(c) For claims filed before January 1, 1997, a claimant may resubmit
a claim that has been removed from the priority list pursuant to subdivi-
sion (a) of this section if the claimant has corrected the condition that was
the basis for the removal. A claim that is resubmitted pursuant to this sub-
division shall be treated as a new claim, and if the Division determines
that the claimant has corrected the condition that was the basis for remov-
al, the claim's priority ranking shall be based on the date whe^n the Divi-
sion makes its determination. A claim may not be resubmitted to the Fund
if the information presented about the claim contains a materi:il error that
was a result of misrepresentation or fraud or other misconduct on the part
of the claimant.
(d) For claims filed on or after January 1, 1997, the Division may sus-
pend a claim for the reasons described in subdivision (a) of :his section
as follows:
(1 ) The Division may suspend a claim that is on the priority list until
the claimant corrects the grounds for suspension of the clairr . When the
claimant corrects the grounds for suspension of the claim, the Division
shall give the reinstated claim a new priority ranking as of the date of rein-
statement.
(2) The Division may suspend a claim that has received a le:ter of com-
mitment until the claimant corrects the grounds for suspension of the
claim. When the claimant corrects the grounds for suspension of the
claim, then the Division shall reinstate the claim and reimburse the claim-
ant' s eligible costs when funding is available.
(e) Notwithstanding subdivision (d)( 1 )-(2), for claims filed on or after
January 1 , 1997, if the information presented on the claim contains a ma-
terial error, and the error resulted from fraud or misrepresentation on the
part of the claimant, the Division may revoke the claim's eligibility and
may bar the claim from further participation in the Fund.
(f) If a claim is rejected by Division staff before the claim is placed on
the priority list, the claimant may either appeal the decision lo reject the
claim pursuant to article 5 of this chapter or the claimant may submit a
new claim.
NOTE: Authority cited: Section 25299.77, Health and Safety Code:. Reference:
Sections 25299.13, 25299.37(a)-(c). 25299.52(a), 25299.'54(a)-(b) and (d),
25299.55, 25299.56, 25299.57(a), (d)(2)-(3) and 25299.58(b)(3)-(4), Health and
Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial conection of printing errors in History 1. (Register 92. No. 43).
3. Renumbering of former section 2813.3 to new section 2813.2 and renumbering
of former section 2813.4 to new section 2813.3, including amendment of sec-
•
Page 158.12
Register 2034, No. :18; 7-9-2004
Title 23
State Water Resources Control Board
§ 2814.2
tion heading, section and NOTH, filed 10-27-2000; operative 11-26-2000
(Register2000, No. 43).
4. Amendment of .subsection (e) and NoTi-: filed 7-6-2004; operative 8-5-2004
(Regi.ster2004, No. 28).
§ 2813.4. Removal from the Priority List.
NoTIv. Authority cited: Section 25299.77, Health and Safety Code. Reference;
Sections 25299..37(a)-(c). 25299.52(a). 25299.54(a), (b) and (d), 25299.55,
2.5299. 57(a), (d)(2)-(3), 25299.58(b)(3)-(4) and 25299.77. Health and Safety
Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register92, No. 9).
2. Editorial correction of printing errors in Hi.stoi^y 1. (Register 92, No. 43).
3. Amendment of subsection (b) filed 8-8-96; operative 8-8-96 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 96, No. 32).
4. Renumbering of former section 28 1 3.4 to section 28 1 3.3 filed 1 0-27-2000; op-
erative 1 1-26-2000 (Register 2000, No. 43).
Article 5.
Request for Review, Appeal, and
Petition Process
§ 2814. Fund Manager Decisions.
(a) A claimant who disagrees with a decision rendered by Division
staff may request review of the decision by the Fund Manager.
(b) A request for review by the Fund Manager must be accompanied
by all material that the claimant wishes to be considered by the Fund
Manager, and by the Division Chief and the Board in any subsequent re-
view by the Division Chief or Board. The request for review must include
the following information:
( 1 ) a statement describing how the claimant is damaged by the prior
staff decision. This section shall be entitled "Claimant's Grievance";
(2) a description of the remedy or outcome desired. This section shall
be entitled "Remedy Requested";
(3) an explanation why the claimant believes the staff decision is erro-
neous, inappropriate or improper. This section shall be entitled "State-
ment of Reasons"; and
(4) a completed reimbursement request when the subject of the request
is non-payment of a specific cost.
(c) The Fund Manager shall render a Fund Manager Decision within
30 days of receipt of the appeal. A Fund Manager Decision is final and
conclusive unless the claimant files an appeal to the Division Chief that
is received by the Division Chief within 60 days from the date of the Fund
Manager Decision.
(d) The Fund Manager may at any time, on the Fund Manager' s own
motion, issue a Fund Manager Decision.
NOTE: Authority cited; Secfion 25299.77, Health and Safety Code. Reference;
Sections 25299.54(a) and 25299.55, Health and Safety Code.
History
1. New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of prindng errors in History 1. (Register 92, No. 43).
3. Amendment of section heading, section and NOTE filed 8-8-96; operative
8-8-96 pursuant to Government Code section 1 1 343 .4(d) (Register 96, No. 32) .
4. Amendment of article 5 heading, renumbering of former section 2814 to new
section 2814.1 and new section 2814 filed 10-27-2000; operative 1 1-26-2000
(Register 2000, No. 43).
§ 2814.1. Final Division Decisions.
(a) A claimant may appeal to the Division Chief for review of a Fund
Manager Decision. In addition, a claimant who disagrees with a decision
rendered by Division staff may appeal directly to the Division Chief pur-
suant to this section, as an alternative to requesting review by the Fund
Manager. A claimant who chooses to request review by the Fund Manag-
er must receive a Fund Manager Decision before appealing to the Divi-
sion Chief.
(b) An appeal to the Division Chief must be accompanied by all mate-
rial that the claimant wishes to be considered by the Division Chief, and
by the Board in any subsequent review by the Board. The appeal must
include the following information:
(1 ) a statement describing how the claimant is dainaged by the Fund
Manager Decision or prior staff decision. This section shall be entitled
"Claimant's Grievance";
(2) a description of the remedy or outcome desired. This section shall
be entitled "Remedy Requested";
(3) an explanation why the claimant believes the Fund Manager Deci-
sion or prior staff decision is erroneous, inappropriate, or improper. This
section shall be entitled "Statement of Reasons"; and
(4) a completed reimbursement request when the subject of the appeal
is non-payment of a specific cost.
(c) The Division Chief shall render a Final Division Decision within
30 days of receipt of the appeal. A Final Division Decision is final and
conclusive unless the claimant files a petition for review with the Board
that is received by the Board within 30 days from the date of the Final
Division Decision.
(d) The Division Chief may at any time, on the Division Chiefs own
motion, issue a Final Division Decision.
NOTE: Authority cited; Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
History
1 . New section filed 1 2-2-9 1 as an emergency; operative 1 2-2-9 1 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Renumbering of former section 2814.1 to section 2814.2 and renumbering of
former section 2814 to new section 2814. 1, including amendment of section and
Note, filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2814.2. Petition for Board Review and Response by the
Division Chief.
(a) A claimant may petition the Board for review of a Final Division
Decision.
(b) A petition for Board review shall contain the following:
( 1 ) the name and address of the petitioner;
(2) a copy of the Final Division Decision that the Board is requested
to review;
(3) an explanation why the claimant believes the Final Division Deci-
sion is erroneous, inappropriate, or improper;
(4) a statement describing how the petitioner is damaged by the Final
Division Decision; and
(5) a description of the remedy or outcome desired.
(c) The petition shall be sent to the Board Chairperson, with copies
sent to the Chief Counsel of the Board, and the Division Chief
(d) The petitioner may request a hearing for the purpose of presenting
factual material not presented to the Division Chief or for oral argument
or both. The request to present material which was not presented to the
Division Chief must include a description of the factual material that the
petitioner wishes to submit, the facts that the petitioner expects to estab-
hsh, and an explanation of the reasons why the claimant could not pre-
viously submit the new material to the Division Chief The petitioner
must include with the petition a copy of any new documentary material
that the petitioner wishes to present to the Board.
(e) The Division Chief may file a response to the petition with the
Board within 30 days of the Board's notification to the petitioner that the
petition is complete. The Division must provide a copy of any response
to the petitioner. The Board may extend the time for filing a response by
the Division Chief
NOTE: Authority cited; Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
History
1 . New section filed 1 2-2-9 1 as an emergency; operative 1 2-2-9 1 . Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correcdon of printing errors in History 1 . (Register 92, No. 43).
Page 158.12(a)
Register 2004, No. 28; 7-9-2004
§ 2814.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
3. Renumbering of former section 2814.2 to section 2814.3 and renumbering of
former section 2814.1 to new section 2814.2, including amendment of section
headins and section, fded 10-27-2000; operative 1 1-26-2000 (Register 2000,
No. 43").
4. Repealer of subsection (b)(2) and subsection renumberine filed 7-6-2004; op-
erative 8-5-2004 (Register 2004, No. 28).
§ 2814.3. Defective Petitions.
Upon the Board' s receipt of a petition which does not comply with sec-
tion 2814.2 of this chapter, the Board, through its Chief Counsel, will ad-
vise the petitioner of the manner in which the petition is defective and al-
low a reasonable time within which an amended petition may be filed. If
the Board does not receive a properly amended petition within the time
allowed, the petition shall be dismissed.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
History
1 . New section filed 12-2-91 as an emergency; operative 12-2-91. Text remains
in effect uninterrupted pursuant to Health and Safety Code section 25299.77
(Register 92, No. 9).
2. Editorial correction of printing errors in History 1. (Register 92, No. 43).
3. Amendment of subsection (d) and NOTE filed 8-8-96; operative 8-8-96 pur-
suant to Government Code section 1 1343.4(d) (Register 96, No. 32).
4. Renumbering of former section 2814.3 to new section 2814.4 and renumbering
of former section 2814.2 to new section 2814.3, including amendment of sec-
tion, filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2814.4. Action by the Board.
(a) In response to the petition, the Board may:
(1) refuse to review the petition if it is late or fails to raise substantial
issues which are appropriate for Board review;
(2) affirm the final decision that the Board has been requested to re-
view;
(3) set aside or modify the final decision that the Board has been re-
quested to review; or
(4) take such other action as the Board deems appropriate.
(b) Before taking action, the Board may, at its discretion, hold a hear-
ing, or provide for an inforinal meeting between the petitioner, the Divi-
sion Chief, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute.
(c) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3, chapter 1.5,
article 2.
(d) The Board shall act on the petition and provide written notification
of its action to the parties within 90 days after receipt of the petition, un-
less all parties agree in writing to an extension of time. If the Board initi-
ates an evidentiary hearing, the Board shall act on the petition within 270
days after receipt of the petition.
(e) The Board reserves the right, at its discretion, to consider a petition
upon its own motion.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.56, Health and Safety Code.
History
1 . Renumbering of former section 2814.3 to new section 2814.4. including amend-
ment of section and Note, filed 10-27-2000; operative 1 1-26-2000 (Register
2000, No. 43).
§ 2814.5. Board Workshop and Meeting.
(a) The Board may discuss a proposed order in response to a petition
for review of a Final Division Decision in a pubHc workshop prior to for-
mal action at a Board meeting.
( 1) At the workshop, the Board may invite comments on the proposed
order from interested persons. These comments shall be based solely
upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual
material not contained in the record before the Division Chief, the person
may make this request to the Board prior to or during the workshop. This
request shall include a description of the material, and a statement and
supporting argument that the material was improperly excluded from the
record or an explanation of the reasons why the person could not pre-
viously submit the factual material. If the Board in its discretion approves
the request, the person requesting consideration of the material must sub-
mit the material in writing to the Board and all other interested persons
within five days of such approval. The submittal shall be accompanied
by a notification to all other interested persons that they will be allowed
an additional five days from the submittal date to file responsive com-
ments in writing. The person requesting consideration of (he inaterial
shall file with the Board a copy of the notification to other interested per-
sons.
(b)( 1 ) Formal disposition by the Board of any matter for decision will
be taken at a regularly or specially scheduled Board meeting. At the meet-
ing, the Board may invite comments on the matter from interested per-
sons. These cominents shall be based solely on factual material contained
in the record or legal arguinent.
(2) No new factual material shall be submitted at the Board meeting.
If new legal argument is to be submitted at the Board meeting, the argu-
ment shall be filed in writing with the Board and other interested persons
at least five working days prior to the Board meeting in order for such ar-
gument to be considered by the Board.
NOTE: Authority cited: Section 25299.77, Health and Safety Cod(;. Reference:
Section 25299.56, Health and Safety Code.
History
1 . New section filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
Article 6. Petitions for Site Closure
§2814.6. Filing of Petition.
(a) Any underground storage tank or residential tank owner or opera-
tor or other responsible party who believes that the corrective action plan
for the site has been satisfactorily implemented, but who has not been
granted closure of the site, may petition the Board for review of the case,
whether or not the petitioner is eligible for reimbursement from the Fund
pursuant to Health and Safety Code section 25299.54.
(b) Prior to petitioning the Board for review, an underground storage
tank or residential tank owner or operator or other responsibhi party must
do both of the following:
(1) remove free product to the maximum extent practicable; and
(2) request and be denied case closure from the regulatory agency that
is overseeing corrective action at the site. The denial must he signed by
the regional board's Executive Officer or, if a local agency is. overseeing
corrective action, by the Environmental Health Director, or equivalent.
If the petitioner filed a request for closure, and if within 60 days of the
date of the request for closure the regulatory agency neither acts on the
request nor informs the petitioner of when the regulatory ageicy will act,
the inaction of the regulatory agency will be deemed to constitute a denial
of the request.
(c) Petitions to the Board requesUng review of an undergrC'und storage
tank or residential tank case must include the following:
(1) the name and address of the petitioner;
(2) the address of the site;
(3) the name and address of the current owner of the site and of the
owners of adjacent property including properties that are across the street
from the site;
(4) the name, address, and telephone number of all responsible parties;
(5) a copy of the decision denying case closure by tht; regulatory
agency overseeing corrective action at the site or a copy of ;he petition-
er's request to the regulatory agency for closure accompanied by a state-
ment that the regulatory agency failed to act within 60 days of the request;
and
(6) a statement of the reasons why the petitioner believes the case
should be reviewed.
(d) The petitioner may request a hearing for the pur|)ose cf presenting
factual material not presented to the regulatory agency or for oral argu-
ment or both. The request to present material which was not presented to
the regulatory agency must include a description of the factual material
that the petitioner wishes to submit, the facts that the petitioner expects
to establish, and an explanation of the reasons why the claimant could not
Page 158.12(b)
Register 2004, No. 28; 7-9-2004
Title 23
State Water Resources Control Board
§2814.20
previously submit the new material to the regulatory agency. The peti-
tioner must include with the petition a copy of any new documentary ma-
terial that the petitioner wishes to present to the Board.
NOTi;: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.37, 25299.39.2, Health and Safety Code.
History
1. New article 6 (sections 2814.6-2814.8) and section filed 10-27-2000: opera-
tive 1 1-26-2000 (Register 2000, No. 43).
§ 2814.7. Action by the Board.
(a) The Board shall send a copy of the petition to the regulatory agency
overseeing corrective action at the site and notify the agency that the re-
cord relative to the case and any agency response to the petition must be
received by the Boai'd within 20 days of the date of the letter of notifica-
tion. The regulatory agency overseeing corrective action at the site will
also be notified that a list of persons, if any, known by the regulatory
agency to have an interest in the subject matter of the petition must be re-
ceived by the Board within 1 days of the date of the letter of notification.
(b) Upon receipt of a list of interested persons, the Board will notify
those persons, the current site owner, the owners of adjacent property,
and the appropriate regional board if it has not already been notified as
the regulatory agency overseeing corrective action at the site, that any re-
sponse to the petition by an interested person must be received by the
Board within 20 days of the date of the letter of notification.
(c) The regulatory agency shall send a copy of its response, if any, to
the petitioner. All other respondents shall send copies of their responses
to the petitioner and the regulatory agency. The deadline for filing a re-
sponse to the petition or submitting the record may be extended by the
Board.
(d) Following review of the petition, the record, and all responses to
the petition, the Board may:
( 1 ) if a case is under the jurisdiction of a regional board or local agency
that is implementing a local oversight program pursuant to Health and
Safety Code section 25297. 1 , close the case or remand the case to the reg-
ulatory agency for action consistent with the Board decision;
(2) if a case is under the jurisdiction of a regulatory agency that is not
implementing a local oversight program pursuant to Health and Safety
Code section 25297.1, recommend that the case be closed;
(3) deny the request to require or recommend that the case be closed;
(4) refuse to review the request that the case be closed if the petition
fails to raise substantial issues that are appropriate for review by the
Board; or
(5) take such other action as the Board deems appropriate.
(e) Before taking action, the Board may, at its discretion, hold a hear-
ing; or the Board may provide for an informal meeting between the peti-
tioner, the Division staff, an appropriate representative of the regulatory
agency, a member of the Board, and such other persons as the Board
deems appropriate for the purpose of attempting to resolve the dispute.
(f) If an evidentiary hearing is held, it shall be conducted in accordance
with the California Code of Regulations, title 23, division 3. chapter 1.5,
article 2.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.37 and 25299.39.2, Health and Safety Code.
History
1 . New section filed 10-27-2000; operative 1 1-26-2000 (Register 2000, No. 43).
§ 2814.8. Board Workshop and Meeting.
(a) The Board may discuss a proposed order in response to a petition
for site closure in a public workshop prior to formal action at a Board
meeting.
( 1 ) At the workshop, the Board may invite comments on the proposed
order from interested persons. These comments shall be based solely
upon factual material contained in the record or upon legal argument.
(2) If the petitioner or an interested person desires to submit factual
material not contained in the record before the Board, the person may
make this request to the Board prior to or during the workshop. This re-
quest shall include a description of the material, and a statement and sup-
porting argument that the material was improperly excluded from the re-
cord or an explanation of the reasons why the person could not pre\ iously
submit the factual material. If the Board in its discretion approxcs the re-
quest, the person requesting consideration of the material must submit
the material in writing to the Board and all other interested persons within
five days of such approval. The submittal shall be accompanied by a noti-
fication to all other interested persons that they will be allowed an addi-
tional five days from the submittal date to file responsive comments in
writing. The person requesting consideration of the material shall file
with the Board a copy of the nofification to other inlerested persons.
(b)( 1 ) Formal disposition by the Board of any matter for decision will
be taken at a regularly or specially scheduled Board meeting. At the meet-
ing, the Board may invite comments on the matter from interested per-
sons. These comments shall be based solely on factual material contained
in the record or legal argument.
(2) No new factual material shall be submitted at the Board meeting.
If new legal argument is to be submitted at the Board meeting, the argu-
ment shall be filed in writing with the Board and other interested persons
at least five working days prior to the Board meeting in order for such ar-
gument to be considered by the Board.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.39.2 and 25299.56. Health and Safety Code.
History
1. New section filed 10-27-2000; operative 1 1-26-2000 (Register 2000. No. 43).
Article 7. Orphan Site Cleanup Account
§2814.20. Definitions.
Unless the context clearly requires otherwise, the terms used in this ar-
ticle shall have the following meanings:
"Affiliates"
(a) Affiliates means persons who have one or more of the following
relationships with each other:
(1) Familial relationship.
(2) Fiduciary relationship.
(3) A relationship of direct or indirect control or shared interests.
(b) Affiliates include, but are not limited to, any of the following:
(1) Parent corporation and subsidiary.
(2) Subsidiaries that are owned by the same parent corporation.
(3) Business entities involved in a reorganization, as defined in section
181 of the Corporations Code.
(4) Corporate officer and corporation.
(5) Shareholder that owns a controlling block of voting stock and the
corporation.
(6) Partner and the partnership.
(7) Member and a limited liability company.
(8) Franchiser and franchisee.
(9) Settlor, trustee, and beneficiary of a trust.
(10) Debtor and bankruptcy tmstee or debtor-in-possession.
(11) Principal and agent.
"Applicant" means a person who files an application to the OSCA.
"Causes or contributes to an unauthorized release" means any of the
following:
(a) Operate the underground storage tank.
(b) Own the underground storage tank from which the unauthorized
release originated unless:
( 1 ) The unauthorized release began before the applicant became the
owner of the underground storage tank, and the applicant properly re-
moved, closed or permitted the underground storage tank within a rea-
sonable period of time from when the applicant became the owner of the
underground storage tank; or
(2) The applicant acquired real property on which an underground
storage tank is situated and, despite the exercise of reasonable diligence,
was unaware of the existence of the underground storage tank when the
real property was acquired, the applicant properly removed, closed or
permitted the underground storage tank within a reasonable period of
time from when the applicant should have become aware of the existence
Page 158.12(c)
Register 2006, No. 30; 7-28-2006
§ 2814.20
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
of the underground storage tank, and the unauthorized release began be-
fore the appHcant closed or permitted the underground storage tank.
(c) Exacerbate the effects of the unauthorized release.
"Economic activity" means a governmental activity, a commercial,
agricultural, industrial, or not-for-profit enterprise, or other economic or
business concern.
"Eligible site" means a site that meets all of the following require-
ments:
(a) Petroleum contamination is the principal source of contamination
at the site.
(b) The source of the petroleum contamination is, or was, an under-
ground storage tank.
(c) The site meets all of the following requirements:
( 1 ) The site is located in an urban area.
(2) The site was previously the site of an economic activity that is no
longer in operation at that location.
(3) The site has been vacant or has had no occupant engaged in year-
round economically productive activities for a period of not less than the
12 months previous to the date of application pursuant to this article.
(d) The site is not listed, or proposed for listing, on the National Priori-
ties List pursuant to section 105(a)(8)(B) of the Comprehensive Environ-
mental Response, Compensation and Liability Act (42 U.S.C. Sec. 9601
et seq.).
(e) The site is not and was not owned or operated by a department,
agency, or instrumentality of the United States.
(f) The site will not be the site of a contiguous expansion or improve-
ment of an operating industrial or commercial facility, unless the site
meets the requirements of subdivision (c) of "Eligible site" and is the site
of a contiguous expansion of an operating industrial or commercial facil-
ity owned or operated by one of the following:
(1) A small business.
(2) A nonprofit corporation formed under the Nonprofit Public Benefit
Corporation Law (Part 2 (commencing with Section 5110) of Division
2 of Title 1 of the Corporations Code) or the Nonprofit Religious Corpo-
ration Law (Part 4 (commencing with Section 9110) of Division 2 of Title
1 of the Corporations Code).
(3) A small business incubator that is undertaking the expansion with
the assistance of a grant authorized by Section 15339.3 of the Govern-
ment Code or a loan guarantee provided pursuant to Section 14090 of the
Corporations Code.
"Familial relationship" means relationships between family members,
including, and Hmited to, a husband, wife, child, stepchild, parent, grand-
parent, grandchild, brother, sister, stepbrother, stepsister, stepmother,
stepfather, mother-in-law, father-in-law, brother-in-law, sister-in-
law, daughter-in-law, son-in-law, and, if related by blood, uncle, aunt,
niece, or nephew.
"Independent Consultant and Contractor" means a consultant or con-
tractor that meets the following requirements:
(a) The consultant or contractor is not an employee of, general or lim-
ited partner or a shareholder in, or does not have any other ownership or
management interest in the applicant, an identified responsible party, or
a prospective buyer of the eligible site;
(b) Within twelve months before the application is submitted to the
OSCA, the consultant or contractor does not receive any source of in-
come from the applicant, an identified responsible party, or a prospective
buyer of the eligible site, other than the payment of fees for professional
services unless the consultant or contractor is acting in his or her capacity
as an employee of a governmental entity.
"Infill Development" means development or redevelopment of vacant
or underutilized properties within established urban communities, where
those communities are already served with streets, water, sewer and other
public services.
"No Longer in Operation" means an economic activity that is, or pre-
viously was, located on a property that is not conducting operations on
the property of the type usually associated with the economic activity.
"Operation and Maintenance" means activities initiated o ■ continued
at a site following completion of a response action that are deemed neces-
sary by a regulatory agency to protect public health or safety or the envi-
ronment, to maintain the effectiveness of the response actior at the site,
or to achieve or maintain the response action standards and objectives es-
tablished by the final remedial action plan or final removal action work-
plan applicable to the site.
"OSCA" means the Orphan Site Cleanup Subaccount creat(id pursuant
to section 25299.50.2 of the Health and Safety Code.
"Performance-based contract" means a written agreement between an
applicant and an appropriately licensed contractor, where the contractor
agrees for a fixed price to take response actions to reduce the concentra-
tions of designated constituents of concern to specified concentrations.
"Person" means an individual, taist, firm, joint stock company, corpo-
ration, or other entity, including a government corporation, partnership,
limited liability company, or associafion. The term includes a public
agency.
"Project" means any response action and the planned futuie develop-
ment of the eligible site.
"Public agency" means any county, city and county, city, regional
agency, public district, or other political subdivision and inclL:des a rede-
velopment agency. The term does not include the state or an}' agency or
department thereof, or the federal government.
"Remediation milestone" means that a specified reduction in the con-
centrations of constituents of concern from baseline concentrations has
been attained through response actions. The reduction is expressed as a
percentage of the total reduction required by the performance-based
contract.
"Remedy" or "Remedial Action" means those actions consistent with
a permanent remedy that are taken instead of, or in addition lo, removal
actions in the event of an unauthorized release or threatened release of
petroleum into the environment, as further defined by section 101 (24) of
the Comprehensive Environmental Response, Compensation, and Li-
ability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). The term
includes actions that are necessary to monitor, assess, and evaluate an un-
authorized release or a threatened unauthorized release and site operation
and maintenance.
"Remove" or "Removal" means the cleanup or removal of Cin unautho-
rized release from the environment or the taking of other actions as may
be necessary to prevent, minimize, or mitigate damage that may other-
wise result from an unauthorized release or a threatened unauthorized re-
lease, as further defined by section 101(23) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.).
"Response Actions" means removal actions and remedial cctions, and
includes corrective action as defined in section 25299.14 of the Health
and Safety Code.
(a) Costs of response actions also include:
(1) Professional fees and costs that are directiy related to removal ac-
tions and remedial actions.
(2) Costs of supervision by an applicant of response actions.
(3) Costs of underground storage tank system removal if tht;re is an un-
authorized release or threat of unauthorized release.
(b) Costs of response actions exclude, among other costs:
(1) Costs of environmental audits or pre-purchase site investigations,
unless performed in response to an unauthorized release or threatened
unauthorized release.
(2) Economic losses and damages, including but not limited to dam-
ages for lost business and diminution in property value.
"Responsible Party" means a responsible party as defined in Title 23
of the California Code of Regulations, Chapter 16, section 2720.
"Small business" means:
(a) An independentiy owned and operated business, that h not domi-
nant in its field of operation, that, together with its affiliates as described
in Title 2 of the California Code of Regulations, Chapter 3, section
Page 158.12(d)
Register 2006, No. 3(1; 7-28-2006
Title 23
State Water Resources Control Board
§ 2814.24
1 896. 1 2. has 100 or fewer employees, and that has average annual gross
receipts often million dollars ($10,000,000) or less over the previous
three years; or
(b) A business that is a manufacturer with 100 or fewer employees. A
manufacturer is a business that is:
( 1 ) Primarily engaged in the chemical or mechanical transformation
of raw materials or processed substances into new products; and
(2) Classified between Codes 2000 to 3999, inclusive, of the Standard
Industrial Classification (SIC) Manual published by the United States
Office of Management and Budget. 1987 edition. The SIC Manual is ac-
cessible at the following website maintained by the California Depart-
ment of General Services:
http://www.pd.dgs.ca.gov/smbus/default.htm
"Urban area" means the central portion of a city or a group of contigu-
ous cities with a population of 50.000 or more, together with adjacent
densely populated areas having a population density of at least 1 ,000 per-
sons per square mile.
NOTE; Authority cited: Section 25299.77. Health and Safety Code. Reference:
Sections 25281, 25296.10, 25299.11, 25299.25, 25299.50.2, 25318.5, 25322,
25323, 25323.3, 25395.20(a)(2)(A) and (B), 25395.20(a)(5), 25395.20(a)(6)(C),
25395.20(a)(12), 25395.20(a)(15) and 25396.20(a)(19), Health and Safety Code;
and 42 USC 9601, Sections (23)-(25).
History
1. New article 7 (sections 2814.20-2814.37) and new section filed 11-28-2005
as an emergency; operative 1 1-28-2005 (Register 2005, No. 48). A Certificate
of Compliance must be transmitted to OAL by 3-28-2006 or emergency lan-
guage will be repealed by operation of law on the following day.
2. New article 7 (sections 2814.20-2814.37) and section refiled 3-22-2006 as an
emergency; operative 3-28-2006 (Register 2006, No. 12). A Certificate of
Compliance must be transmitted to OAL by 7-26-2006 or emergency language
will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of defi-
nitions of "Causes or contributes to an unauthorized release" and "Small busi-
ness," transmitted to OAL 6-1 2-2006 and filed 7-25-2006 (Register 2006, No.
30).
§ 281 4.21 . Other Definitions.
Unless the context clearly requires otherwise, any term used in this ar-
ticle that is not defined in section 2814.20 has the same meaning as de-
fined in secfion 2804.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Sections 25299.11.5-25299.24 and 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 281 4.22. Types of Grants.
(a) An applicant may apply for an assessment grant, cleanup grant, or
both from the OSCA. An applicant may apply for both an assessment
grant and a cleanup grant on a single application.
(b) Assessment grants provide funding for response actions that char-
acterize, assess, and investigate an unauthorized release from an under-
ground storage tank. These actions include, but are not limited to, a pre-
liminary site assessment and soil and water investigation and the
preparation of a correcfive action plan in accordance with California
Code of Regulations, title 23, chapter 16, arficle 11. Assessment grants
may also provide funding for underground storage tank system removal,
free product removal and soil excavation, not to exceed 500 cubic yards
at the eligible site.
(c) Cleanup grants provide funding for response actions that carry out
cleanup activifies and include, but are not limited to, implemendng a cor-
rective action plan and verification monitoring, in accordance with
California Code of Regulafions, title 23, chapter 16, arficle 11. If a cor-
rective action plan is required, the Board shall not award a cleanup grant
to an applicant until the applicant demonstrates the corrective action plan
is complete and approved by the regulatory agency overseeing the re-
sponse actions at the eligible site, but the applicant may apply for a clean-
up grant before completion and approval of the corrective action plan.
NOTE: Authority cited: Section 25299.77, Health and Safety Code Reference:
Sections 25296.10, 25299.50.2, 25322, 25323 and 25323.3. Health and Safety
Code.
History
1. New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transnritted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sub-
sections (a) and (c), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Reg-
ister 2006, No. 30).
§2814.23. Eligible Applicants.
A person may apply to the OSCA for a grant to pay for costs of re-
sponse acfions that relate to an unauthorized release from an under-
ground storage tank at an eligible site if all of the following conditions
are met:
(a) The applicant did not cause or contribute to the unauthorized re-
lease from the underground storage tank.
(b) The applicant and any person who caused or contributed to the un-
authorized release from the underground storage tank are not affiliates.
(c) The applicant does not satisfy the eligibility criteria contained in
secfions 25299.54 and 25299.57 of the Health and Safety Code for the
eligible site.
(d) The applicant owns the eligible site or otherwise has authority to
access and perform response acfions at the eligible site.
NOTE; Authority cited: Section 25299.77, Health and Safety Code, Reference:
Section 25299.50.2, Health and Safety Code.
History
1. New section filed 1 1-28-2005 as an emergency; operadve 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New secfion refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sub-
section (c), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register
2006, No. 30).
§ 2814.24. Eligibility Requirements.
(a) An applicant may receive a grant from the OSCA for reasonable
and necessary costs of response actions that relate to an unauthorized re-
lease from an underground storage tank at an eligible site if a financially
responsible party, other than the applicant if the applicant is a responsible
party, has not been identified to pay for response actions to remediate the
harm caused by the unauthorized release. When determining if a respon-
sible party is financially able to pay for response actions to remediate the
harm caused by the unauthorized release from an underground storage
tank, the Board shall consider the following factors:
(1) The estimated cost of response acfions to remediate the harm
caused by the unauthorized release. If the applicant does not provide a
reasonable cost esfimate, the Board shall consider the cost of response ac-
fions at sites involving a similar unauthorized release from an under-
ground storage tank.
(2) The responsible party's income and assets.
(3) The responsible party's insurance coverage for response actions to
remediate the harm caused by the unauthorized release from the under-
ground storage tank.
(4) Other financial assistance available to the responsible party for re-
sponse acfions to remediate the harm caused by the unauthorized release
from the underground storage tank.
(b) Any person who meets the definition of a responsible party with
respect to an unauthorized release where the need for response actions
Page 158.12(e)
Register 2006, No. 30; 7-28-2006
§ 2814.25
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
that are the subject of the application are due solely to site development
shall not be considered a responsible party for purposes of subdivision
(a). If the response actions that are the subject of the application are re-
quired pursuant to Health and Safety Code, division 20. chapter 6.7, Wa-
ter Code, division 7, or California Code of Regulations, title 23, division
3, chapter 1 6, article 1 1 , then all responsible parties identified for the un-
authorized release that is the subject of the application shall be consid-
ered for purposes of subdivision (a).
(c) If an application is submitted by joint applicants that are also re-
sponsible parties, the Board shall require the joint application to desig-
nate a primary applicant. The Board shall consider the financial ability
of all joint applicants who are also responsible parties, other than the pri-
mary joint applicant, in accordance with subdivision (a), unless the joint
applicants demonstrate to the satisfaction of the Board that doing so is
unreasonable or inequitable given the facts and circumstances surround-
ing the application.
(d) The applicant shall make reasonable efforts to obtain the informa-
tion specified in subdivisions (a)(1) through (4).
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency: operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including new subsections (b)
and (c) and subsection re lettering, transmitted to OAL 6-12-2006 and filed
7-25-2006 (Register 2006, No. 30).
§ 2814.25. Grant Conditions and Limitations.
(a) The Board may pay from the OSCA reasonable and necessary costs
of response actions that relate to an unauthorized release from an under-
ground storage tank at an eligible site if all of the following conditions
are met:
( 1 ) The costs of response actions are incurred on or after January 1 ,
2005, and are incurred by or on behalf of the applicant.
(2) Either of the following is met:
(A) The regulatory agency responsible for overseeing response ac-
tions at the eligible site directs or approves response actions.
(B) Response actions are required as part of the site development pro-
cess.
(3) The response actions are necessary to protect human health, safety
and the environment, and are performed in accordance with applicable
laws, including Health and Safety Code, division 20, chapter 6.7 and
California Code of Regulations, title 23, division 3, chapter 16, and Wa-
ter Code, division 7.
(4) For sites where the Board, the regional board, or local agency has
determined that an unauthorized release has impacted groundwater, the
response actions that carry out cleanup activities as described in section
2814.22, subdivision (c) and the bidding process for these activides are
conducted in accordance with Article 6.5 of Chapter 6.75 of the Health
and Safety Code, unless the Board finds that compliance with Article 6.5
of Chapter 6.75 of the Health and Safety Code is unreasonable or impos-
sible under the circumstances pertaining to a particular application.
(b) In addition to the conditions contained in subdivision (a), the fol-
lowing conditions apply:
(1) To receive an assessment grant, the applicant must demonstrate
that the applicant has provided to the Board and any regulatory agency
overseeing the response actions a copy of all site assessments and inves-
tigation reports, workplans and corrective action plans for the eligible
site that are available to the applicant.
(2) To receive payment pursuant to a cleanup grant, the applicant must
demonstrate that the applicant is the equitable or legal owner of the eligi-
ble site, unless the applicant is a public agency.
(c) The Board may not issue grants from the OSCA for more than
$1 ,500,000 per occurrence.
(d) The Board shall not award more than $3,000,000 pursuant to this
article to an applicant in any fiscal year. For purposes of detei'mining the
total amount awarded to an applicant for purposes of this subdivision, the
Board shall include any award of funds made to an applicant's affiliates.
The Board may waive this limitation if doing so would provide for an eq-
uitable and timely use of available funds.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005. No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refilled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sec-
tion, transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006, No.
30).
§ 2814.26. Double Payment.
An applicant may not receive payment from the OSCA for response
actions that have been or will be paid or otherwise compensated from
another source. For purposes of this article, a reduction in the applicant's
cost to acquire an eligible site shall not be considered compensation from
another source. If an applicant has or will receive compensaticm for costs
of response actions from another source, the Board shall api)ly section
2812.3 of article 4 of Title 23 of the California Code of Regulations to
determine the amount of double payment, if any. However, any reference
in section 2812.3 of Article 4 to the claimant, the Fund, and corrective
action shall, for the purposes of this article, be deemed a reference to the
applicant, the OSCA, and response actions, respectively.
Note; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2. Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 2814.27. Priority Ranking.
(a) Except as provided in subdivision (b). the priority of apiplications
under this article shall be based on the date on which the board receives
an application. Applications that were received on or before January 12,
2006, were ranked as if received on the same date. These af)plications
were randomly ranked to determine the order of priorit;y. Applications
that are received after June 1 2, 2006, will be ranked according to the date
they are received. Applications received on the same day will be random-
ly ranked.
(b) If the Board determines that sufficient funding to meet the demand
for OSCA grants will not be available in a given fiscal year, the Board
shall calculate a priority score to rank each application using scales de-
veloped by the Board that measure the following factors:
(1) Forty (40) percent of the priority score is based on whether the un-
authorized release is located within 1 ,000 feet of a drinking water well
or a surface water body used as a source of drinking water.
(2) Thirty (30) percent of the priority score is based on whether the site
is located in a census tract with median household income of less than
80% of the statewide median household income based on the most recent
census data collected by the United State Bureau of the Census.
(3) Thirty (30) percent of the priority score is based on the potential
for the project to result in development of affordable inner city housing
or otherwise promote inner city infill development.
Page 158.12(f)
Register 2006, No. 30; 7-28-2006
Title 23
State Water Resources Control Board
§ 2814.28
(c) The priority of applications that receive the same total priority
score pursuant to subdivision (b) shall be based upon the date the applica-
tion to the OSCA is received by the Board.
NOTIi: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sub-
sections (a) and (b)(3), transmitted to OAL 6-12-2006 and filed 7-25-2006
(Register 2006, No. 30).
§ 2814.28. OSCA Application Requirements.
An OSCA application for payment of costs of response actions shall
contain the following:
(a) The name of the applicant, the type of entity of the applicant, a cor-
respondence address, telephone number or numbers where the applicant
can be contacted during normal business hours, and a federal tax identifi-
cation number or social security number;
(b) If a joint application is submitted by multiple applicants, the name,
correspondence address, telephone number or numbers, tax identifica-
tion number or social security number of each applicant;
(c) The site address or a description of the site where the underground
storage tank(s) that is the subject of the application is located;
(d) A site map drawn to scale that includes a north arrow and distances
relative to the nearest public roads and which identifies locations of all
underground storage tanks and all other known or potential sources of
contamination;
(e) The capacity of the underground storage tanks(s), the substances
that have been stored therein and the dates the underground storage
tank(s) were removed;
(f) A listing of all other known or potential on or off-site sources of
contamination;
(g) Name of the lead oversight regulatory agency, case identification
number, and contact person and telephone number and the date the regu-
latory agency confirmed contamination from an on-site underground
storage tank(s);
(h) A description of the unauthorized release, including whether the
unauthorized release has impacted, or is likely to impact, groundwater;
(i) A brief description of the response actions undertaken at the site,
including an explanation of whether the response actions are directed
pursuant to Health and Safety Code, division 20, chapter 6.7, Water
Code, division 7, or California Code of Regulations, title 23, division 3,
chapter 16, article 11;
(j) Information that demonstrates that the site is an eligible site, includ-
ing:
(1) Information that demonstrates that the petroleum contamination is
the principal source of contamination at the site and that the source of pe-
troleum contamination is, or was, an underground storage tank;
(2) Information that demonstrates that the site is located in an urban
area and that the site was previously the site of economic activity that is
no longer in operation at that location;
(3) Description of existing and historical uses of the site;
(4) A statement that demonstrates that the site is not listed or proposed
for listing on the National Priorities List and that the site is not or was not
owned or operated by a department, agency or instrumentality of the
United States;
(5) For applications involving a contiguous expansion of an operating
industrial or commercial facility, information that demonstrates the facil-
ity is owned or operated by a small business, a small business incubator
that is undertaking the expansion with the assistance of a grant authorized
by Section 15339.3 of the Government Code or a loan guarantee pro-
vided pursuant to Section 14090 of the Corporations Code, or a nonprofit
corporation formed under Part 2 or Part 4 of Division 2 of Title 1 of the
Corporations Code;
(k) Information that demonstrates that the applicant is an eligible ap-
plicant, including:
( 1 ) The identity of current and former owners and operators of the un-
derground storage tank that is the subject of the application;
(2) If the applicant is the owner of the underground storage tank that
is the subject of the application, the date the applicant became the owner
and a description of the actions that the applicant undertook to remove,
close or permit the underground storage tank;
(3) Information regarding any affiliation that the applicant has with
any current or former owner or operator of the underground storage tank;
(4) Explanation of reason why the applicant does not satisfy eligibility
criteria contained in sections 25299.54 and 25299.57 of the Health and
Safety Code;
(5) Documentation of the applicant's equitable or legal interest in the
eligible site and the applicant's authority to access the ehgible site and
perform response actions at the eligible site.
(/) Information that indicates whether a financially responsible party,
other than the applicant if the applicant is a responsible party, has been
identified to pay for response actions at the site, including:
( 1 ) The identity of responsible parties for the unauthorized release that
is the subject of the application and a descripdon of the activities under-
taken by the applicant to idenfify responsible parties;
(2) Estimated cost of response actions to remediate the harm caused
by the unauthorized release; and
(3) For responsible parties that are identified, informadon relating to
the responsible party's ability to pay for response acdons, including the
responsible party's income, assets, insurance coverage and other finan-
cial assistance that is available to pay for response actions.
(4) For applicadons submitted by joint applicants that are responsible
pardes, a statement designadng a primary applicant for purposes of sec-
don 2814.24, subdivision (c).
(m) Informadon that will assist the Board in determining the priority
ranking of an application, including:
( 1 ) The identificadon of drinking water wells or surface water bodies
used as sources of drinking water within 1 ,000 feet of the unauthorized
release.
(2) The most recent census data that indicate whether the site is located
in a census tract with median household income of less than 80% of the
statewide median household income.
(3) An explanadon of the planned future development of the eligible
site, including how the future development will result in the development
of affordable inner city housing or otherwise promote inner city infill de-
velopment.
(n) A cerdficadon that all costs of response actions claimed were in-
curred for work performed on or after January 1, 2005;
(o) A cerdficadon that the site is an eligible site, the applicant is an eli-
gible applicant and that all applicable eligibility requirements are met;
(p) A copy of any agreement entered into by the applicant where a per-
son agrees to incur costs on behalf of the applicant.
(q) Any other informadon or suppordng documentation reasonably re-
quired by the Board to determine the eligibility or priority of the applica-
don or the amount that may be paid pursuant to a grant.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1 -28-2005 ( Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sub-
sections (i) and G)(l)' new subsection (/)(4) and amendment of subsection
(m)(3), ti-ansmitted to OAL 6-12-2006 and filed 7-25-2006 (Register 2006.
No. 30).
Page 158.12(g)
Register 2006, No. 30; 7-28-2006
§ 2814.29
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§2814.29. Priority List.
(a) Within 60 days of receipt of a complete application, the Board will
conduct a review of the application to determine if the application is eligi-
ble. If the application is eligible, the Board shall issue to the applicant a
notice of eligibility and place the application on the priority list.
(b) At least once each calendar year, the Board will adopt a revised
priority list. The Board will place on a revised priority list only those eh-
gible applications received at least 30 days prior to adoption of a revised
list.
(c) The Board will not incorporate into a revised priority list those ap-
plications from the previous priority list for which a grant agreement ex-
ists between the Board and the applicant.
(d) Applications that are carried over from a previous priority list will
retain their previous ranking on any revised priority list. New applica-
tions added to a revised priority list will be ranked below applications that
are carried over from the previous priority list.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 2814.30. General Procedures for Payment.
(a) After the Board issues a notice of eligibility to the applicant, the
Board and the applicant shall enter into a grant agreement.
( 1 ) For assessment grants and cleanup grants, where the response ac-
tions are not performed in accordance with article 6.5 of chapter 6.75 of
the Health and Safety Code, the applicant shall submit a proposed scope
of work and budget for response actions that are the subject of the grant.
The scope of work shall include a brief and quantified description of the
tasks to be performed. The budget shall include the following informa-
tion for each task: total amount, breakdown of the estimated number of
hours, job classification and hourly rate of personnel performing the task,
subcontractor charges and any other information reasonably required by
the Board to finalize the scope of work and budget. For cleanup grants
where the response actions are not performed in accordance with article
6.5 of chapter 6.75 of the Health and Safety Code, the applicant shall sub-
mit at least three responsive proposals or bids in accordance with section
2814.31.
(2) For response actions that are performed in accordance with article
6.5 of chapter 6.75 of the Health and Safety Code, the applicant shall sub-
mit at least three responsive proposals or bids in accordance with section
25299.65 of the Health and Safety Code.
(b) After the Board and the applicant enter into the grant agreement,
the applicant may begin submitting payment requests. An applicant may
submit payment requests on an on-going basis for eligible response ac-
tion costs provided that the request is for $5,000 or more.
(c) Payment requests for assessment funds and cleanup funds, where
the response actions are not conducted pursuant to article 6.5 of chapter
6.75 of the Health and Safety Code, must include invoices and auxiliary
documentation that demonstrate to the Board's satisfaction that the re-
sponse action costs claimed by an applicant are eligible. Invoices must
include, at a minimum, all of the following:
(1) A brief description of the work performed;
(2) The date when the work was performed;
(3) The consultant's or contractor's name and address;
(4) The name or initials of the person performing the work;
(5) The job classification or title and hourly rate of the person perform-
ing the work;
(6) The hours charged for each task per day;
(7) The cost amount of the work performed.
(d) Payment requests for cleanup funds where the response actions are
conducted pursuant to article 6.5 of chapter 6.75 of the Health and Safety
Code shall include:
( 1 ) A report detailing the attainment of a remediation milestone in ac-
cordance with article 6.5 of chapter 6.75 of the Health and Safety Code;
(2) A letter from the regulatory agency overseeing response actions
that verifies that the remediation milestone has been attained;
(3) Invoices and auxiliary documentation that demonstrate that the
costs of response actions claimed by the applicant are eligibile for pay-
ment; and
(4) Any other information reasonably required by the Board to demon-
strate that the performance-based contract is consistent with article 6.5
of chapter 6.75 of the Health and Safety Code.
(e) Within 60 days of the receipt of a properly documented payment
request, the Board will pay for eligible costs or inform the applicant of
the Board's basis for rejecting the costs.
(f) Within 30 days of receipt of payment from the OSCA, an applicant
must pay all reimbursed costs incurred by the applicant, but not yet paid.
If an applicant has not paid such costs within 30 days, the applicant shall
immediately return the unpaid funds to the Board.
(g) In the event of an overpayment of a claim, the applicant shall repay
the overpayment to the Board within 20 days of request by the Board.
NOTE: Authority cited; Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation cif law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transinitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 2814.31. Bidding Requirements.
(a) Applicants must follow applicable state laws and regulations in
procuring consultant and contractor services and must ensure that those
services are obtained from qualified independent consultants and con-
tractors.
(b) Applicants shall comply with the bidding process established in
section 25299.65 of the Health and Safety Code for response actions per-
formed pursuant to article 6.5 of chapter 6.75 of the Health and Safety
Code.
(c) Except as required in subdivision (b), for cleanup grants, applicants
must obtain at least three written, competitive, responsive proposals or
bids with detailed cost estimates that include unit prices and quantities
for response actions contracted for on or after the effective date of this
article, and to be performed by licensed contractors within the meaning
of Business and Professions Code, division 3, chapter 9 (commencing
with section 7000). Except as provided in subdivision (b), for cleanup
grants, applicants must obtain at least three written proposa s with de-
tailed cost estimates that include unit prices and quantities fcir response
actions contracted for on or after the effective date of this article, and to
be performed by professional geologists within the meaning of Business
and Professions Code, division 3, chapter 12.5 (commencing with sec-
tion 7800) or by professional engineers within the meaning cf Business
and Professions Code, division 3, chapter 7 (commencing with section
6700). The requisite bids or proposals must conform to the workplans
and corrective action plans prepared pursuant to California Cede of Reg-
ulations, title 23, division 3, chapter 16, article 11.
(d) Local governmental entities shall comply with applicable public
contract requirements including the requirements of Pubhc Contract
Code, division 2, part 3 (commencing with section 20100).
(e) Applicants are not required to submit proposals or bids when they
initially file an application, but the Board will not normally enter into a
grant agreement with applicants for any work for which multi])le propos-
Page 158.12(h)
Register 2006, No. 30; 7-28-2006
Title 23
State Water Resources Control Board
§ 2814.36
•
•
als or bids are required until the proposals or bids are submitted to the
Board. The Board may waive the three-bid or -proposal requirement if
the Board finds that the requirement is unnecessary, unreasonable, or im-
possible to comply with under the circumstances pertaining to a particu-
lar application.
NOTH; Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sub-
section (c), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Resister
2006, No. 30).
§ 2814.32. Effect of Placement on Priority List;
Management of Priority List and Payments.
(a) Placement of an application on the priority list does not constitute
a commitment to pay eligible costs claimed. That commitment occurs
only when the Board and the applicant enter into a grant agreement.
(b) Applications on the priority list generally will be processed and
paid according to the ranking of the application on the priority list. How-
ever, to assure equitable, effective, and timely use and expenditure of
available funds from the OSCA, the Board reserves the right at any time
to:
( 1 ) Modify the order of processing, payment and approval of applica-
tions; or
(2) Modify the ranking of applications in accordance with subdivision
(b) of section 2814.27;
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order, including amendment of sub-
section (b)(2), transmitted to OAL 6-12-2006 and filed 7-25-2006 (Register
2006, No. 30).
§ 2814.33. Removal from the Priority List and
Resubmission of Applications.
(a) An application that has been placed on the priority list may be re-
moved if:
(1) The appHcant is not in compliance with any of the applicable re-
quirements of this article, the California Code of Regulations, title 23, di-
vision 3, chapter 16, Health and Safety Code, division 20, chapter 6.7, or
any provision of the Water Code under which the appHcant is required
to take response actions for an unauthorized release from an underground
storage tank;
(2) The applicant fails to provide necessary documentation or in-
formation, or refuses to provide access to the eligible site that is the sub-
ject of the application to a regulatory agency; or
(3) The information submitted with the claim contains a material error.
(b) An applicant may resubmit an application that has been removed
from the priority list pursuant to subdivision (a) of this section if the ap-
plicant has corrected the condition that was the basis for the removal. An
application that is resubmitted pursuant to this subdivision shall be
treated as a new application, and if the Board determines that the appli-
cant has corrected the condition that was the basis for removal, the ap-
plication's priority ranking shall be based on the date when the Board
makes its determination. An application may not be resubmitted to the
Board if the information presented about the application contains a mate-
rial error that was a result of misrepresentation or fraud or other miscon-
duct on the part of the applicant.
Note: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1. New secUon filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28- 2006 ( Regis-
ter 2006, No. 1 2). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 2814.34. Verification of Applications.
Applicants shall verify under penalty of perjury that all statements,
documents and certifications contained in or accompanying an applica-
tion are true and correct to the best of the applicant's knowledge. This
shall include all statements and documents submitted during the active
hfe of the application. If an applicant discovers information that creates
a material error in any statement, document or certification previously
submitted by the applicant, the applicant shall submit the new informa-
tion to the Board within twenty (20) days of discovering the new informa-
tion.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative II -28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 2814.35. Intentional or Reckless Acts; Disqualification of
Applications.
(a) Notwithstanding any other provision of this article, response costs
that result from the gross neghgence or the intentional or reckless acts of
the applicant or an agent, servant, employee or representative of the ap-
plicant, are not eligible for funding from the OSCA.
(b) The Board may disqualify an application and may bar the applica-
tion and any other application submitted by the applicant from further
participation in the OSCA at any time if it is found that any application
submitted by the applicant contains a material error that was a result of
misrepresentation, fraud or other misconduct on the part of the applicant.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1 -28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 ( Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§ 2814.36. Overpayment; Repayment.
(a) An applicant that obtains payment from the OSCA as a result of a
material error in the application or another submitted document shall re-
pay to the Board the amount of funds paid to the applicant.
(b) Any payment made to the applicant to which applicant is not en-
titled must be repaid to the Board immediately upon knowledge or notice
that such a payment has been made and, in any event, not later than
twenty (20) days after a written request for repayment by the Board.
Page 158.12(i)
Register 2006, No. 30; 7-28-2006
§ 2814.37
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(c) Money repaid to the Board pursuant to this section shall be depos-
ited in the OSCA established by Health and Safety Code section
25299.50.2.
NOTIi; Authority: Section 25299.77, Health and Safety Code Reference: Section
25299.50.2, Health and Safety Code
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
§2814.37. Appeals.
If the Board denies the application, the applicant shall have no right
to administratively appeal the decision, but may reapply at any time. An
applicant may not reapply if the previously-denied application or any
other information submitted to the Board by the applicant contained a
material error that was a result of misrepresentation or fraud or other mis-
conduct.
NOTE: Authority cited: Section 25299.77, Health and Safety Code. Reference:
Section 25299.50.2, Health and Safety Code.
History
1 . New section filed 1 1-28-2005 as an emergency; operative 1 1-28-2005 (Regis-
ter 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by
3-28-2006 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-22-2006 as an emergency; operative 3-28-2006 (Regis-
ter 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by
7-26-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 3-22-2006 order transmitted to OAL
6-12-2006 and filed 7-25-2006 (Register 2006, No. 30).
Chapter 19. Certification Under the
California Pollution Control Financing
Authority Act
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 39615,
Health and Safety Code.
History
1 . Repealer of Subchapter 19 (Sections 2800 through 2811) filed 9-5-8 1 ; effective
thirtieth day thereafter (Register 80, No. 36). For prior history see Register 74,
No. 10.
Chapter 20. Standards for the Removal of
Sewage from Vessels
Article 1. General
§ 281 5. Authority and Purpose.
The standards contained herein are prescribed by the State Board pur-
suant to Chapter 6 (commencing with Section 775) of Division 3 of the
Harbors and Navigation Code. The purpose of these standards is to estab-
lish criteria for the design, construction, operation, and maintenance of
pumpout facilities for the removal of sewage from vessel sewage reten-
tion devices.
NOTE; Authority cited: Sections 775, 775.5, 776, 778, 783 and 784, Harbors and
Navigation Code. Reference: Chapter 6 (commencing with Section 775), Division
3, Harbors and Navigation Code.
History
1 . New Subchapter 20 (Secfions 28 1 5-2829, not consecufive) filed 9-3-76; effec-
tive thirtieth day thereafter (Register 76, No. 36).
2. Amendment of NOTE filed 10-1-85; effecfive thirtieth day thereafter (Register
85, No. 40).
§2816. Definitions.
The following definitions shall apply to this subchapter.
(a) "Puinpout facility" ineans any facility or other means ui;ed to trans-
fer sewage from a vessel sewage retention device aboard a vessel to stor-
age and/or disposal facilities.
(b) "Sewage retention device" means any equipment on board a vessel
which is designed to receive and retain sewage.
NOTE: Authority cited: Sections 775.5 and 778, Harbors and Navigation Code.
Reference: Section 775.5, Harbors and Navigation Code.
History
1. New subsection (e) filed 8-6-81; effective thirtieth day therealter (Register
81,No. 32).
2. Order of Repeal of subsections (b-d) filed 6-3-85 by OAL pursuant to Govern-
ment Code Secfion 1 1349.7; effective thirtieth day thereafter (Register 85, No.
26).
3. Amendment filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§2817. Application of Regulations.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government (Zode Secfion
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Design and Construction
§ 2819. Pumpout Facility Design and Use.
The pumpout facility must be designed or utilized such that all sewage
transferred from vessel marine sanitation devices is stored or disposed of
in a manner approved by the appropriate Regional Water Quality Control
Board and in accordance with local ordinances.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
History
1. New Note filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
2. Editorial correction (Register 95, No. 33).
§ 2820. Prevention of Leakage and Spillage.
All pumpout facilities shall be designed and constructed in such a
manner that there shall be no leakage or spillage of sewage.
NOTE: Authority cited: Secfions 775, 776, 777 and 778, Harbors and Navigafion
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Nav: gallon Code.
History
1. New NOTE filed 10-1-85; effecfive thirtieth day thereafter (Register 85, No.
40).
§ 2821. Pump Design Requirements.
Pumps provided at the pumpout facility for the transfer ot waste from
vessel to the pumpout facility and from the pumpout facility to the dis-
posal system shall:
(a) Be of self-priming and non-clogging design.
(b) Be of sufficient size and capacity to complete the transfer operation
in a reasonable amount of time when operating against the maximum an-
ticipated head.
(c) Be designed and installed to prevent leakage or spillage.
(d) Be designed and installed to meet all safety requirements.
(e) Be constructed of corrosion-resistant material.
The pumps may be either of fixed or portable type installation.
NOTE: Authority cited: Secfions 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Secfions 775, 776, 777 and 778, Harbors and Navigation Code
History
1. New NOTE filed 10-1-85; effecfive thirtieth day thereafter (Register 85, No.
40).
§ 2822. Storage Tank Design Requirements.
Storage tanks used to store pumpout waste shall:
(a) Be designed and constructed to allow for complete emptying of
contents into a disposal system or waste haulers tank.
(b) Be equipped with a means of determining the amount of sewage
in the tank.
(c) Be equipped with a means of preventing backflow from the storage
tank into the pumpout system.
•
Page 158.12CJ)
Register 2036, No. :!0; 7-28-2(X)6
Title 23
State Water Resources Control Board
§ 2833
(d) Be designed and constructed to prevent overflow or spillage.
(e) Be designed and installed to protect against a 1-in-lOO year flood.
(f) Be constructed of material capable of withstanding solar radiation
and chemical action of freshwater, saltwater, chemical additives and
sewage without excessive deterioration.
(g) Be designed and constructed such that the sewage enters the tank
above maximum storage level.
NOTI-:: Authority cited: Sections 115, 116, 111 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Hai^bors and Navigation Code.
History
1. New NOTE filed 10-1-83; effective thirtieth day thereafter (Register 85, No.
40).
§ 2823. Design Requirements for Piping and Hoses.
All piping/hosing used in the design and construction of a pumpout
system shall:
(a) Be designed to withstand any pumping pressure or vacuum en-
countered without leakage; and
(b) Be constructed of material capable of withstanding solar radiation
and chemical action of freshwater, saltwater, chemical additives, and
sewage without excessive deterioration.
All fittings shall be of corrosion-resistant material and shall be so con-
structed and installed as to ensure a water-tight seal. All pumpout sys-
tems shall be designed and constructed to have a minimum capability of
pumping out vessel marine sanitation devices having 1 1/2-inch fittings.
The system shall be designed and constructed to prevent leakage when
transferring or when the system is disconnected. This would normally re-
quire a minimum of four valves; one on each side of the pump, plus one
at the storage tank, and one at the vessel holding tank connection.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
History
1. New NoTK filed 10-1-85; effecfive thirtieth day thereafter (Register 85, No.
40).
2. Editorial correction of printing error in subsection (b) (Register 94, No. 26).
§ 2824. Pumpout Facility Water Supply Required.
The pumpout facility shall be designed and constructed such that a wa-
ter supply is available at appropriate locations for flushing and cleaning
of vessel holding tanks and storage tanks. Tlie water supply shall be pro-
tected against back-si phonage of waste into the water system by a back-
flow prevention device meeting the standards established by the State
Board of Public Health in Group 4 (commencing with Section 7583),
Subchapter 1, Chapter 5, Part 1 of Title 17 of the California Administra-
tive Code.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: SecUons 775, 776, 777 and 778, Harbors and Navigation Code.
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
Article 3. Operation and Maintenance
§ 2827. Operation and Maintenance Instructions.
A set of operation and maintenance instructions shall be prepared and
used in the operation of the pumpout facility. The operation and mainte-
nance instructions shall be available for inspection at the pumpout facil-
ity and if found to be deficient by the staff of the Regional Board, the in-
structions shall be corrected within 30 days.
(a) The operation instructions shall have a detailed explanation of
valve positions when the system is transferring sewage and when the sys-
tem is not being used.
(b) The operation and maintenance instructions shall include methods
which will be used to isolate portions of the system for maintenance and
repair.
NOTE; Authority cited: Sections 775, 776, 777 and 778. Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2828. Prevention of Leakage and Spillage.
All pumpout facilities shall be operated and maintained in such a man-
ner that there shall be no leakage or spillage of sewage.
NOTE: Authority cited: Secfions 777 and 778, Harbors and Navigation Code. Ref-
erence: Section 777, Harbors and Navigation Code.
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85. No.
40).
§ 2829. Inspection and Maintenance Requirements.
The entire pumpout system shall be inspected by the operator at regu-
lar intervals not exceeding six months and any worn components re-
placed. The Regional Board staff shall inspect the facility at regular inter-
vals not to exceed one yea.
NOTE: Authority cited: Sections 775, 776, 777 and 778, Harbors and Navigation
Code. Reference: Sections 775, 776, 777 and 778, Harbors and Navigation Code.
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
Chapter 20.1. Designation of Marine
Terminals to Provide Adequate Sewage
Retention Device Pumpout Facilities
Article 1. General Provisions
§2831. General.
Pursuant to Chapter 6 (commencing with Section 775) of Division 3
of the Harbors and Navigation Code the State Board shall, as needed for
the protection of water quality, require any person lawfully vested with
the possession, management, or control of a marine terminal to provide
adequate vessel sewage retention device pumpout capability, at locations
which are convenient and accessible to vessel users.
It is the intent of these regulations to provide a standard method of de-
termining which marine terminals shall be required to install and operate
pumpout facilities.
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigation Code. Ref-
erence: Section 776, Harbors and Navigation Code.
History
1. New Subchapter 20.1 (Articles 1-2, Sections 2831-2836) filed 8-1 1-77; effec-
tive thirtieth day thereafter (Register 77, No. 33).
2. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
3. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2832. Definitions.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Administrative Procedures
§ 2833. Regional Board Request.
Each Regional Board, upon determining a need for additional pump-
out facilities within its region, shall request the State Board to require
specified marine terminals to install and operate pumpout facilities
where necessary to protect water quality.
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigation Code. Ref-
erence: Section 776, Harbors and Navigation Code.
History
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register i^l. No.
32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter ( Register
85, No. 40).
Page 158.12(k)
Register 2006, No. 30; 7-28-2006
§ 2833.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 2833.1. Contents of Regional Board Request for
Pumpout Facilities.
Requests for requiring marine terminals to install and operate vessel
waste pumpout facilities shall be forwarded to the State Board by the Re-
gional Board. Each request shall be based upon the guidelines contained
in Section 2834. 1 and shall include the following as well as any other in-
formation requested by the State Board.
(a) Designation of the area where additional facilities are needed.
(b) Explanation of the need for additional pumpout facilities within the
area including:
( 1 ) An estimate of the number of vessels with sewage retention devices
requiring pumpout facilities.
(2) The location of each marine terminal.
(3) The location and capacity of existing pumpout facilities.
(c) Recommendations as to which marine terminal or terminals should
install and operate pumpout facilities, the capacity of the facilities which
should be installed, and reasons for such recommendations.
(d) The name, owner, and address of each marine terminal recom-
mended pursuant to (c) above.
(e) An appropriate installation time schedule pursuant to Section 2835.
(f) Copies of any comments received as a result of the Notice of Pump-
out Facility Need.
NOTE: Authority cited: Sections 775, 776, 777, 777.5 and 778, Harbors and Navi-
gation Code. Reference: Section 776, Harbors and Navigation Code.
History
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2833.2. Notice of Pumpout Facility Need.
Prior to requesting the State Board to require a marine terminal to in-
stall and operate pumpout facilities the Regional Board shall prepare a
Notice of Pumpout Facility Need and shall forward a copy of the notice
to known interested agencies and persons, including each marine termi-
nal owner in the proposed area of pumpout facility need. The Regional
Board shall publish the notice at least once in a newspaper of general cir-
culation in the proposed area of pumpout facility need. Proof of publica-
tion of the notice shall be submitted to the State Board. The notice shall
provide a 30-day comment period in which interested persons may com-
ment upon the notice. The notice shall contain:
(a) A designation of the area considered by the Regional Board.
(b) The reason pumpout facilities are beheved to be necessary for the
protection of water quality in that area.
(c) The names, locations, and addresses (if available) of marine termi-
nals which may be required to install or operate pumpout facilities.
NOTE: Authority cited: Sections 775, 775.5, 776, 777 and 778, Harbors and Navi-
gation Code. Reference: Section 776, Harbors and Navigation Code.
History
1. Amendment filed 8-6-81; effective thirtieth day thereafter (Register 81, No.
32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2833.3. Hearings by Regional Boards.
Upon the request of the State Board, any interested person, or upon its
own motion, the Regional Board may hold a public hearing prior to re-
questing the State Board to require a marine terminal to install pumpout
facilities. The Regional Board shall transmit any comments received to-
gether with their request to the State Board.
NOTE: Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code.
Reference: Section 13000, Water Code; and Sections 776, 777 and 778. Harbors
and Navigation Code.
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2833.4. Hearings by State Board.
Upon the request of any interested person, or upon its own motion, the
State Board may hold a public hearing regarding a proposed requirement
that a marine terminal install pumpout facilities.
NOTE: Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code.
Reference: Sections 1 83 and 1 3000, Water Code.
History
1. New NOTE filed 10-1-85; effective thirtieth day thereafter (Register 85, No.
40).
§ 2834. Further Procedures.
The State Board may require marine terminals to install and operate
vessel waste pumpout facilities after consideration of the r&quest of the
Regional Board, the record of any Regional Board or State Beard hearing
and the following guidelines. Copies of the order requiring installation
and operation of pumpout facilities shall be sent to the Regional Board,
the marine terminal owner, and to other marine terminals within the area
of activity.
NOTE: Authority cited: Sections 776 and 778, Harbors and Navigaticn Code. Ref-
erence: Section 776, Harbors and Navigation Code.
History
1. Amendment filed 8-6-81; effective thirtieth dav thereafter (Register 81, No.
32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2834.1 . Guidelines for Marine Terminal Selection.
(a) Upon a determination that an area needs additional pumpout facili-
ties, such need should be met by public marine terminals, if possible.
(b) Upon a determination by any Regional Board that there is no public
marine terminal within an area in which additional pumpout facilities are
needed for protection of water quality, the State Board shall hold a hear-
ing to determine whether private marine terminals should be designated
to provide sewage retention device pumpout facilities.
(c) In addition, the State Board and Regional Boards shall, as a mini-
mum, consider at least the following factors in determining w lich marine
terminals should be required to provide pumpout facilities:
( 1 ) Availability of private marine terminals with pumpout facilities not
available to the general public.
(2) Priority consideration should be given to marine terminals with
fuel docking capability.
(3) The number of vessels with sewage retention devices berthed at
each marine terminal in the area.
(4) The depth of water required for the vessels that will t»e using the
pumpout facility.
(5) The expense of installing a pumpout facihty and access to a means
of disposing of or treating the sewage.
NOTE: Authority cited: Sections 776, 777 and 778, Harbors and Navigation Code.
Reference: Section 776, Harbors and Navigation Code.
History
i. Amendment of subsections (a) and (c) filed 8-6-81; effective thirtieth day
thereafter (Register 81, No. 32).
2. Amendment of NOTE filed 10-1-85; effective thirtieth day thereafter (Register
85, No. 40).
§ 2835. Installation Time.
Since the time necessary for the installation of pumpout facilities may
vary, when the State Board requires a marine terminal to install a pump-
out facility, an appropriate time schedule shall be included in the order.
NOTE: Authority cited: Sections 776, 777 and 778, Harbors and Nav: gafion Code.
Reference: Section 776, Harbors and Navigation Code.
History
1. New NOTE filed 10-1-85; effecUve thirtieth day thereafter (Register 85, No.
40).
§ 2836. Design, Construction, Operation, and
Maintenance.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
[The next page is 158.13.]
Page 158.12(1)
Register 2006, No. 30; 7-28-2006
Title 23
State Water Resources Control Board
§ 2908
Chapter 21. Certification for Small
Business Concerns Applying for Small
Business Act Loans to Meet Water Pollution
Control Requirements
NOTE: Authority cited: Section 1058, Water Code. Reference: Ciiapter 13, Divi-
sion 7, Water Code.
History
1 . Repealer of Subchapter 21 (Sections 2840-2854) filed 9-2-81 ; effective thir-
tieth day thereafter (Register 8 1 , No. 36). For prior history see Registers 77, No.
9, and 76, No. 49.
Chapter 22.
State Policy for Water Quality
Control
§ 2900. Nondegradation: Statement of Policy with Respect
to Maintaining High Quality of Waters in
California
History
1 . New chapter 22 including section 2900 added. State Water Resources Control
Board Nondegradation Policy as adopted October 24, 1968, Resolution No.
68-16, submitted to OAL for filing and publication pursuant to Government
Code section 1 1343.8, but not review pursuant to Government Code section
11353, filed 6-21-93 (Register 93, No. 26).
2. Order to depublish chapter 22 (sections 2900-2906 inclusive) filed 8-5-93
(Register 93, No. 32).
§ 2907. Policies and Procedures for Investigation and
Cleanup and Abatement of Discharges Under
Water Code Section 13304.
I. The procedures Regional Water Boards shall implement in making
decisions as to when a person may be required to undertake an investiga-
tion related to a discharge or threat of a discharge subject to WC § 1 3304.
The Regional Water Board shall:
• Use any relevant evidence to identify dischargers;
• Make reasonable efforts to identify dischargers;
• Require identified dischargers to investigate; and
• Coordinate with other agencies.
II. The policies Regional Water Boards shall apply in overseeing: (a)
investigations to determine the nature and horizontal and vertical extent
of a discharge and (b) appropriate cleanup and abatement measures.
The Regional Water Board shall:
• Require a progressive sequence: site assessment; investigation
(soil and water); cleanup and abatement action development; cleanup
and abatement action; and effectiveness verification;
• Approve concurrent action under site-specific circumstances;
emergency, imminent threat, protracted investigation causing delay, and
small discharges which can be cleaned up quickly;
• Require cleanup and abatement of all affected locations;
• Name other dischargers as permitted by law;
• Require adequate workplans;
• Review and approve workplans as practicable;
• Require documentation of activities;
• Require reliance on qualified professionals;
• Prescribe consistent standards for similar circumstances; and
• Identify activities that do not require supervision.
III. The procedures Regional Water Boards shall implement to ensure
that discharges have the opportunity to select cost-effective methods for
investigating discharges or threatened discharges and methods for clean-
ing up the discharges and abating the effects thereof
The Regional Wafer Board shall:
• Require attainment of cleanup and abatement goals;
• Require reasonable technical and monitoring reports;
• Require comparison of alternatives;
• Require consideration of standard and alternative in\estigativc
methods;
• Require consideration of standard and alternative cleanup and
abatement methods;
• Require consistency with existing water quality control plans and
policies; and
• Require best cleanup attainable if restoration of background is not
feasible.
IV. The factors for Regional Water Boards to take into account in de-
termining schedules for investigation and cleanup and abatement.
The Regional Water board shall take into account:
• Degree of threat;
• Timely compliance with water quality control plans and policies;
• Discharger's resources; and
• Desirability of avoiding use of public funds.
History
1 . New section filed 7-8-94 pursuant to Government Code section 1 1353: opera-
tive 7-8-94 (Register 94, No. 27). This section is a summary of the regulatory
provisions contained in Board Resolution No. 92-49 as is provided for in Gov-
ernment Code secfion 1 1353.
2. Editorial correcfion of History 1 (Register 94, No. 32).
§ 2908. Policy for Regulation of Discharges of Municipal
Solid Waste.
On June 17, 1993, the State Water Resources Control Board (State
Water Board) adopted Resolution 93-62, entitled Policy For Regulations
Of Discharges Of Municipal Solid Waste (Policy hereinafter).
The Policy implements the State Water Board's regulations governing
the discharge of waste to land at municipal solid waste (MSW) landfills
(which resided in 23 CCR § 2510 ^r seq., "Chapter 15," and which were
moved, in 1997, with sUght changes, to 27 CCR § 20005 et seq.. "Title
27") and implements those water quality related portions of the federal
regulations governing the discharge of MSW at landfills (40 CFR
§ 258.1 et seq., "federal MSW regulations") that are not addressed by
Title 27. The federal MSW regulations apply to all landfills that receive
waste on or after October 9, 1991 ; the majority of the federal provisions
became effective on October 9, 1993 (Federal Deadline).
The Policy directed Regional Water Quality Control Boards (Regional
Water Boards) to revise or adopt, as appropriate, prior to the Federal
Deadline, the waste discharge requirements (WDRs) for each landfill
that is subject to the federal MSW regulations. The Policy required the
revised WDRs to implement those regulations in the manner described
in the Policy and to implement the then-current Chapter 15 regulations
as well.
After the Federal Deadline, the discharge of municipal solid waste is
allowed only to areas that are hned in accordance with the provisions of
the Policy. For dischargers having a landfill within one mile of a source
of drinking water, the Policy requires the revised WDRs to contain a wa-
ter quality monitoring program that, as of October 9, 1994, will comply
with the Policy. For landfills further than one mile from a source of drink-
ing water, this monitoring compliance deadline is October 9, 1995.
On July 21, 2005. the State Water Board revised the Policy to provide
the Regional Water Boards with authority to implement a new federal
regulation (40 CFR § 258.4, enUtled "Research, Development, and Dem-
onstration Permits for Municipal Solid Waste Landfills"), which became
effective March 22, 2004. Secfion 258.4 allows temporary variances
from certain listed federal standards (that would otherwise apply), for the
purpose of demonstrating the viability of new approaches and technolo-
gy. A Regional Water Board may only grant a secfion 258.4 variance if
it finds that granfing such a variance will pose no addifional threat to wa-
ter quality at that landfill and that the landfill is, otherwise, in full com-
phance with the federal MSW regulations.
History
1. New section filed 7-28-93; operative 7-28-93 pursuant to Government Code
section 11353 (Register 93, No. 31).
2. Amendments adding language summarizing amendments to the Policy for Reg-
ulation of Discharges of Municipal SoHd Waste filed 10-4-2005; amendments
Page 158.13
Register 2007, No. 12; 3-23-2007
§2909
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
adopted by the State Water Resources Control Board 7-21-2005 pursuant to
Resolution No. 93-62; approved by OAL 10-4-2005 pursuant to Government
Code section 1 1353 (Register 2005, No. 40).
§ 2909. Concise Summary of Regulatory Provisions
Amendment to the Water Control Policy for the
Enclosed Bays and Estuaries of California.
Chapter 1: Principles for Management of Water Quality in Enclosed
Bays and Estuaries.
The amendment allows an exception to the provision requiring the
elimination of wastewater discharges to the San Francisco Bay south of
the Dumbarton Bridge for treated ground water from ground water clean-
up projects. The exception may be granted by the San Francisco Bay Re-
gional Water Quality Control Board when 1 ) the discharge will comply
with all applicable State and Regional Board plans, policies and regula-
tions, 2) reclamation or reuse is not practicable, 3) there is no other feasi-
ble location for discharge, and 4) the need to dispose of treated ground
water outweighs the need to prohibit the discharge south of the Dumbar-
ton Bridge.
History
1. Adoption of section 2909 by Resolution 95-84 effective March 5, 1996 pur-
suant to Government Code section 11 353. Section 2909 is a concise summary
of an amendment to the "Water Quality Control Policy for the Enclosed Bays
and Estuaries of California" which was adopted in 1974 by Board Resolution
74-43.
§ 291 0. Concise Summary of Regulatory Policy on Water
Quality Enforcement.
On February 19, 2002. the State Water Resources Control Board
adopted Resolution No. 2002-0040, rescinding Resolutions 96-030 and
97-085 and approving the revised Water Quality Enforcement Policy.
The primary goal of the Water Quality Enforcement Policy is to create
a framework for identifying and investigating instances of noncom-
pliance, for taking enforcement actions that are appropriate in relation to
the nature and severity of the violation, and for prioritizing enforcement
resources to achieve maximum environmental benefits.
The policy implements and provides guidance regarding the use by the
State Water Resources Control Board and Regional Water QuaHty Con-
trol Boards of enforcement powers set forth in Division 7 of the Water
Code (commencing at Water Code Section 13000) and related statutes.
The Policy includes the following elements:
• Provisions for more efficient use of standardized permit and en-
forcement order language.
• An overview of water quality enforcement options.
• A process for identifying enforcement priorities and to assist in
choosing the appropriate enforcement response.
• Information to assist in integrated enforcement efforts with other
agencies.
• Procedures for response to fraudulent reporting or knowingly
withholding data.
• Specific guidance regarding assessment of administrative civil li-
ability, use of supplemental environmental projects and compliance proj-
ects, handling of criminal activities, guidance on what constitutes minor
violations, standards for violation and enforcement reporting.
NOTE: Authority cited: Sections 13140 and 13399, Water Code. Reference: Sec-
tions 13140 and 13399, Water Code.
History
1. Adoption of section 29 10 by Resolution 96-030 effective August 28, 1996 pur-
suant to Government Code section 1 1353. Section 2910 is a concise summary
of a "Water Quality and Enforcement Policy and Associated Guidance" adopted
April 18, 1996.
2. Amendment of final paragraph and new Note filed 12-10-97; operative
12-10-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
50).
3. Amendment of section and Note filed 7-30-2002; operative 7-30-2002 pur-
suant to Government Code section 1 1353 (Register 2002, No. 31).
§ 291 1 . Summary of Containment Zone Amendment of
Resolution No. 92-49: Policies and Procedures
for Investigation and Cleanup and Abeitement
of Discharges Under Water Code Section
13304.
Section H:
The amendment establishes conditions under which Regional Water
Quality Control Boards (RWQCBs) may designate containment zones.
A containment zone is a portion of a ground water unit where the
RWQCB finds it is technically or economically infeasible to cleanup to
water quality objectives, and where the RWQCB finds the discharger can
contain pollutants within the designated zone so that water quality objec-
tives are not exceeded outside the zone. The discharger is required to
monitor to verify on-going containment, and to mitigate signi:'icant envi-
ronmental impacts.
The policy provides:
• Guidance for discharger application;
• Procedures for RWQCB designation;
• Conditions for designation; and
• Administrative procedures for tracking sites, recommtmding im-
proved procedures, and RWQCB recovery of costs of application review.
Appendix to Section H:
The Appendix outlines information to be included (as appropriate) in
an application for designation of a containment zone.
History
1 . New section summarizing amendment to State Water Resources Control Board
Resolution No. 92^9 filed 1-1 3-97; amendment was adopted by tire State Wa-
ter Resources Control Board 10-2-96; approved by OAL and effective
1-1 3-97 pursuant to Government Code section 1 1353 (Register 97, No. 3).
§ 2912. Concise Summary of the Water Quality Control
Policy for Guidance on Development of
Regional Toxic Hot Spot Cleanup Plans.
Resolution No. 98-090, adopted on September 2, 1998, by the State
Water Resources Control Board, created the Water Quality Control
Policy for Guidance on Development of Regional Toxic Hot Spot Clean-
up Plans (Policy). The Policy is intended to be used by the Rej^ional Wa-
ter Quality Control Boards (RWQCBs) to develop consistent regional
toxic hot spot cleanup plans pursuant to Water Code Section 13394. The
Policy provides guidance on:
• the contents of the regional cleanup plans;
• a specific definition of toxic hot spot;
• criteria to rank sites;
• toxic hot spot remediation methods;
• costs and benefits of remediation;
• prevention of toxic hot spots; and
• site-specific variances from the Policy.
The Policy contains a template to be used by the RWQCBs in develop-
ing the cleanup plans. The Policy also lists several issues to be considered
in the development of the statewide consolidated toxic hot spot cleanup
plan.
History
1 . New section summarizing Water Quality Control Policy for Guidance on Devel-
opment of Regional Toxic Hot Spot Cleanup Plans, Resolution No. 98-090,
adopted 9-2-98 by the State Water Resources Control Board; c.pproved by
OAL and effective 1 1-9-98 pursuant to Government Code section 1 1 353; filed
with the Secretary of State 1 1-10-98 (Register 98, No. 46).
§ 2913. Concise Summary of the Consolidated Toxic Hot
Spots Cleanup Plan.
(a) Resolution 99-065. adopted June 17, 1999, by the State Water Re-
sources Control Board, created the Consolidated Toxic Hot Spots Clean-
up Plan (Plan). As required by Water Code Sections 13392 and 13394,
the Plan requires the Regional Water Quality Control Board 5 to imple-
ment remedial actions at identified known toxic hot spots to improve and
protect the quality of the enclosed bays, estuaries and coastal waters of
the State from discharges of hazardous substances in accordance with the
Page 158.14
Register 2007, No. 12: 3-23-2007
Title 23
State Water Resources Control Board
§2914
provisions of Chapter 5.6 of the Water Code. The Plan was adopted as
Policy for Water Quahty Control. The Plan contains the following ele-
ments:
• A list of known toxic hot spots;
• The priority of each known toxic hot spot;
• Procedures for removing toxic hot spots from the Plan;
• Guidance on the reevaluation of waste discharge requirements;
• The scope of remedial actions and costs;
• Policy on remediation if potential discharger is identified;
• Policy on remediation in the absence of potential discharger;
• Policy for prevention of toxic hot spots:
• Special provisions for remediation in San Diego Bay;
• The toxic hot spot definition, ranking criteria, and benefits of re-
mediation;
• Mitigation necessary to avoid the potential environmental impacts
of remediation; and
• Regional Toxic Hot Spots Cleanup Plan developed pursuant to
Title 23, California Code of Regulations Section 2912.
(b) On January 22, 2004, the State Water Resources Control Board
(State Water Board) adopted Resolution No. 2004-0002 amending the
Consolidated Hotspots Cleanup Plan (Consolidated Plan). The amend-
ment revised three toxic hot spot cleanup plans for the Central Valley re-
gion. The Central Valley Regional Water Quality Control Board (Re-
gional Water Board) adopted the revised plans in Resolution
R5-2003-0034. The revised plans address: 1) diazinon in orchard dor-
mant spray; 2) diazinon and chlorpyrifos in stormwater; and 3) chlorpyri-
fos in irrigation return flow. The revisions deleted site-specific variances
for these hot spots and added specific information addressing the ele-
ments that must be included in a toxic hot spot cleanup plan under Water
Code §13394. The revised Plans recognize that the three pesticide prob-
lems are seasonal water column problems that cannot be addressed by
hauling away the water or underlying sediments but instead must rely on
controlling the amount of chemicals that reach surface waters in the delta.
The revised Plans:
• Comprehensively describe actions already implemented to reduce
pesticide levels (Water Code § 13394(h))
• Preliminarily assess actions required to remedy or restore toxic hot
spots (Water Code § 13394(f)), including the establishment of
time schedules for the Regional Board to consider Basin Plan
amendments to control pesticide discharges and to implement
TMDLs, as well as the identification of elements that need to be in-
cluded in revisions to the Basin Plan
• Estimate the costs of implementing the program and the costs that
may be recoverable from potential dischargers (Water Code
§§ 13394(c) and (e)) and identify potential sources of funds for
costs not recoverable from dischargers (Water Code § 13394(g))
• Require monitoring to evaluate program success.
History
1 . Ne w section summarizing Water Quality Control Policy for Consolidated Toxic
Hot Spots Cleanup Plan, Resolution No. 99-065, adopted 6-17-99 by the State
Water Resources Control Board; approved by OAL and effective 11-15-99
pursuant to Government Code section 11 353; filed with the Secretary of State
1 1-15-99 (Register 99. No. 47).
2. Amendment designating first paragraph as subsection (a) and adopting subsec-
tion (b) providing summary of amendment filed 3-20-2007; amendment ap-
proved by State Water Resources Control Board Resolution No. 2004-0002 on
1-22-2004; amendment approved by OAL pursuant to Government Code sec-
tion 11353 on 3-20-2007 (Register 2007, No. 12).
§ 2914. Policy for Implementation of Toxics Standards for
Inland Surface Waters, Enclosed Bays, and
Estuaries of California.
On March 2, 2000, the State Water Resources Control Board
(SWRCB) adopted Resolution No. 2000-01 5, creating the Policy for Im-
plementation of Toxics Standards for Inland Surface Waters, Enclosed
Bays, and Estuaries of California (Policy). On April 26. 2000, the
SWRCB adopted Resolution No. 2000-030, which amended Resolution
No. 2000-015 by modifying the conditions for the effective date of the
Policy with respect to its application to certain standards. The goal of the
Policy is to establish a standardized approach for permitting discharges
of toxic pollutants to non-ocean surface waters in a manner that promotes
statewide consistency. The Policy applies to discharges of toxic pollut-
ants into the inland surface waters, enclosed bays, and estuaries of
California subject to regulation under the State's Porter-Cologne Water
Quality Control Act (Division 7 of the Water Code) and the federal Clean
Water Act. Such regulation may occur through the issuance of National
Pollutant Discharge Elimination System (NPDES) permits, the issuance
or waiver of waste discharge requirements, or other relevant regulatory
approaches. The Policy does not apply to discharges of toxic pollutants
from combined sewer systems or to the regulation of storm water dis-
charges.
The Policy establishes: ( 1 ) implementation provisions for priority pol-
lutant criteria promulgated by the U.S. Environmental Protection
Agency (U.S. EPA) through the National Toxics Rule (NTR) (40 C.F.R.
§ L31.36) and through the California Toxics Rule (CTR) (40 C.F.R.
§ 131.38), and for priority pollutant objectives established by Regional
Water Quality Control Boards (RWQCBs) in their water quality control
plans (basin plans); (2) monitoring requirements for 2,3,7, 8-TCDD
equivalents; and (3) chronic toxicity control provisions. In addition, the
Policy includes a description of the State's existing nonpoint source man-
agement approach, procedures for initiating site-specific objective de-
velopment, and exceptions provisions. Terms are defined in Appendix 1
of the Policy. The specific, regulatory Policy provisions are summarized
as follows:
(a) Establishing Water Quality-Based Effluent Limitations for Prior-
ity Pollutant Criteria/Objectives
(1) Specifies the priority pollutant criteria and objectives, and their
general application to beneficial uses designated in basin plans, to which
the Policy applies.
(2) Addresses data requirements and adjustments; specifies that the
RWQCBs shall issue letters to all NPDES permittees requesting the data
necessary to determine whether water quality-based effluent limitations
are needed and to calculate the limits; authorizes a time schedule of not
to exceed three years from the Policy's effective date for submittal of
data-; states that it is the discharger's responsibility to provide the neces-
sary data; requires that criteria/objectives, and pollutant and flow data,
are properly adjusted, applied, and expressed for the purposes of estab-
lishing water quality-based effluent limitations pursuant to the Policy.
(3) Establishes provisions to determine whether a water quality-based
effluent limitation for a priority pollutant is required in a discharger's
permit (flowchart is provided in Appendix 2 of the Policy).
(4) Establishes four methods for calculating water quality-based ef-
fluent limitations for priority pollutants to be included in permits: derive
from a Total Maximum Daily Load (TMDL); use a steady-state model;
apply a dynamic model, and consider intake water pollutants; detailed
procedures are established for the steady-state model method; specifies
that more restrictive water quality-based effluent limitations (e.g., dis-
charge prohibition) are required if necessary to protect beneficial uses or
are otherwise required by law; establishes method for calculating efflu-
ent limitations where pollutants are so diluted by cooling water as to
make monitoring impractical.
(5) Establishes procedures for applying translators to metals and sele-
nium criteria/objectives; requires that the U.S. EPA conversion factor
(listed in Appendix 3 of the Policy) be used as translators unless the dis-
charger completes a site-specific translator study and proposes a site-
specific translator within two years of permit issuance or reissuance; es-
tablishes general procedures for conducting the study and specifies
interim permit requirements.
(6) Authorizes RWQCBs to consider granting mixing zones and dilu-
tion credits to be used in calculating water quality-based effluent limita-
tions; establishes procedures for deriving a dilution credit; establishes
conditions to be met in allowing a mixing zone and factors to be consid-
ered in determining whether to deny or significantly limit a mixing zone
and dilution credit.
Page 158.15
Register 2007, No. 26; 6-29-2007
§ 2914.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(7) Establishes procedures for determining the ambient background
concentration of a priority pollutant for use in determining whether a wa-
ter quality-based effluent limitation is required and in calculating a limit;
specifies that the observed maximum of individual reported values be
used, except that an arithmetic mean shall be used in the case of calculat-
ing a water quality-based effluent limitation for a priority pollutant that
is intended to protect human health from carcinogenic effects.
(8) Establishes conditions under which a credit for intake water pollut-
ants may be considered in calculating a water quality-based effluent li-
mitation for a priority pollutant.
(b) Determining Compliance With Priority Pollutant Criteria/Objec-
tives and Water Quality-Based Effluent Limitations for Priority Pollut-
ant Criteria/Objectives
( 1 ) Authorizes the RWQCBs to grant compliance schedules up to five
years from permit issuance, reissuance, or modification to comply with
water quality-based effluent limitations for CTR priority pollutants, and
up to 1 5 years to develop and adopt a TMDL, and accompanying Waste
Load Allocations and Load Allocations, for CTR priority pollutants; es-
tablishes conditions, including discharger justification, under which a
compliance schedule may be granted for an existing discharger; requires
compliance with CTR criterion-based effluent limitation within 10 years
from the effective date of the Policy; requires compliance with TMDL-
derived effluent limitations within 20 years from the effective date of the
Policy; requires that a compliance schedule be accompanied by interim
requirements in the permit.
(2) Establishes provisions for interim requirements under a com-
pliance schedule, including a requirement for numeric interim limita-
tions if the compliance schedule exceeds one year; establishes provisions
for interim requirements under a schedule to submit data sufficient to es-
tablish water quality-based effluent limitations.
(3) Establishes a requirement for dischargers to conduct self-monitor-
ing programs and a requirement for RWQCBs to specify monitoring re-
quirements in permits; lists options for analytical methods for priority
pollutants to be used; requires that laboratories monitoring samples be
certified by the Department of Health Services in accordance with Water
Code Section 13176.
(4) Establishes that the discharger shall report with each analytical
sample result two reporting levels, the Method Detection Limit (MDL)
and the applicable Minimum Level (selected in accordance with the
Policy); establishes procedures for selecting and using an ML from
among the MLs established in Appendix 4 of the Policy; establishes
conditions under which an ML that is not in Appendix 4 may be included
in the discharger's permit; establishes protocols for reporting analytical
sample results in relation to the required reporting levels (the MDL and
the ML); establishes provisions for determining compliance with water
quality-based effluent limitations for priority pollutants based on the re-
porting protocols, including a requirement to conduct a Pollutant Mini-
mization Program under specified situations.
(c) 2,3,7,8-TCDD Equivalents: Directs RWQCBs to require all
NPDES permittees to monitor their effluents for the presence of the 17
congeners of 2,3,7,8-TCDD (dioxin) for specified periods; states that the
results of this statewide monitoring effort will be assessed for the purpose
of developing a multi-media control strategy for these chemicals in the
future.
(d) Toxicity Control Provisions: Establishes minimum toxicity control
provisions for implementing the narrative toxicity objectives for aquatic
life protection in basin plans that supplement, not supersede, existing
RWQCB toxicity requirements.
(e) Special Provisions
(1) Establishes a procedure for the RWQCBs to follow in considering
the initiation of site-specific objective development for priority pollut-
ants.
(2) Establishes provisions for granting categorical exceptions to meet-
ing priority pollutant criteria/objectives determined to be necessary to
implement control measures for resource or pest management conducted
by public entities, or regarding drinking water, to fulfill statutory require-
ments; establishes provisions for granting case-by-case exceptions to
meeting a priority pollutant criterion/objective or any other provision of
the Policy where the exception will not compromise protetlion of en-
closed bay, estuarine, and inland surface waters for beneficial uses and
the public interest will be served.
(f) Definition of Terms: The Policy defines "acutely toxic condidons",
"arithmetic mean", "average monthly effluent limitation", "best man-
agement practices", "bioaccumulative", "biologically-based receiving
water flow", "carcinogenic", "coefficient of variation", "completely-
mixed discharge", "dilution credit", "dilution ratio", "dynamic models",
"effluent concentration allowance", "enclosed bays", "estimated chemi-
cal concentration", "estuaries", "existing discharger", "four-day aver-
age of daily maximum flows", "harmonic mean", "incompletely-mixed
discharge", "infeasible". "inland surface waters", "load allocation",
"long-term arithmetic mean flow", "maximum daily flow", "maximum
daily effluent limitation", "median", "method detection limit", "mini-
mum level", "mixing zone", "mutagenic", "new discharger", "objection-
able bottom deposits", "ocean waters", "persistent", "poUiitant mini-
mization", "pollution prevention", "process optimization", "public
entity", "source of drinking water", "standard deviation", "teratogenic",
"toxicity reduction evaluation", "use attainability analysis", "IQIO".
"7Q10", and "90th percentile of observed data".
History
1 . New section summarizine the policy adopted by State Water Resoirces Control
Board Resolution Nos. 2000-01 5 and 2000-030; approved by OAL and effec-
tive 4-28-2000 pursuant to Government Code section 11 353; summary filed
with the Secretary of State 4-28-2000 (Register 2000, No. 17).
2. Revision of "alternate test procedure" provision of section 2.3 of tlie Policy for
Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays,
and Estuaries of California approved by OAL and effecfive 5-22-00 pursuant
to Government Code section 1 1353; summary filed with the Secretary of State
5-22-00 (Register 2000, No. 21).
§ 2914.5. Policy for Implementation of Toxics Standards
for Inland Surface Waters, Enclosed Bays, and
Estuaries.
The amendments for the Policy for Implementation of Toxics Stan-
dards for Inland Surface Waters, Enclosed Bays, and Estuaries of
California (SIP) consist of:
(1) Discharger-Specific Water Effect Ratios (WERs):
The language of the SIP has been amended to allow Regional Water
Quality Control Boards (Regional Water Boards) to use discfiarger-spe-
cific WERs in the National Pollutant Discharge Elimination System
(NPDES) permitting process. The development of WERs would still
have to use U.S. Environmental Protection Agency (USEP^A.) guidance
or other scientifically defensible protocols, but the approvals of WERs
by the State Water Resources Control Board (State Water IBoard) and
USEPA through the adoption of a Regional Water Quality Control Plan
provision would not be required. The State Water Board and USEPA
would still be involved in the development of the WER through the pub-
lic review process of the NPDES permit containing the proposed Site-
Specific Objective and associated effluent limit.
(2) Modify the language of Step 6 of reasonable potential analysis:
The language of the SIP has been amended to allow the reasonable po-
tential Step 6 trigger to apply only to situations where ambient back-
ground concentrations are greater than the water quality critCTion or ob-
jective, and the pollutant is detected in the effluent. Language would also
be added to require monitoring in situations where ambient tiackground
concentrations are greater than the water quality criterion or objective,
and the pollutant is not detected in the effluent.
(3) Modify language to improve clarity:
The SIP has been amended to incorporate changes that improves clar-
ity and provides a better understanding of how SIP provisions are to be
applied in permits. The changes also reduce inconsistencies in permits
written by different Regional Water Boards.
Page 158.16
Register 2007, No. 26; 6-29-2007
Title 23
State Water Resources Control Board
§2917
NOTH: Aiithimty cilcd: Section 13140. Water Code. Reference: Sections 13142
and 13143. Water Code.
History
1 . Renumbering t)f former section 29 1 7 to section 29 14..S filed 4- 1 0-2006; opera-
tive 4-10-2006 pursuant to Government Code section 1 1353 (Register 2006,
No. LS).
§ 2915. Policy for the Implementation and Enforcement of
the Nonpoint Source Pollution Control
Program.
On May 20, 2004, the State Water Resources Control Board
(SWRCB) adopted Resolution No 2004-0030. adopting the Policy for
the Implementation and Enforcement of the Nonpoint Source Pollution
Control Program (NPS Implementation Policy) in accordance with
California Water Code section 13369.
A nonpoint source (NPS) pollution control implementation program
is a program developed to comply with SWRCB or RWQCB waste dis-
charge requirements (WDRs), waivers of WDRs, or basin plan prohibi-
tions. The policy provides a framework for developing NPS pollution
control programs throughout the state. NPS pollution control programs
may be developed by the SWRCB, a RWQCB or a third-party entity. The
policy defines "third-party entities" as entities that are not actual dis-
chargers under RWQCB/SWRCB permitting authority.
All NPS pollution control programs endorsed or approved by a
RWQCB as sufficient to meet RWQCB obligations to protect water qual-
ity are required, at a minimum, to meet the requirements of the following
key elements, thus providing consistent program requirements through-
out the state.
1. A NPS control implementation program's purpose must be explicit-
ly stated, and must be designed to achieve and maintain water quality ob-
jectives and beneficial uses, including any applicable antidegradation re-
quirements.
2. The NPS program shall include a description of the management
practices to be implemented and the process to ensure and verify proper
implementation.
3. Where a RWQCB determines time is necessary to achieve water
quality requirements, a time schedule and corresponding quantifiable
milestones to measure progress are required.
4. Feedback mechanisms must be included in the implementation pro-
gram so that the RWQCB, dischargers and the public can determine
whether the program is achieving its stated purpose(s), or if additional or
other actions are required.
5. In addition, each RWQCB shall make clear, in advance, the poten-
tial consequences for failure to achieve a program's stated purposes and
make clear that any enforcement action that needs to be taken will be tak-
en against individual dischargers, not the third parties.
Investigation, identification, and enforcement of NPS discharger non-
compliance with State water quality control laws, regulations, policies
and plans shall be consistent with the requirements of the State Water Re-
sources Control Board Water Quality Enforcement Policy (Title 23,
California Code of Regulations section 2910).
History
1. New section summarizing "Policy for Implementation and Enforcement of the
Nonpoint Source Pollution Control Program," Resolution No. 2004-0030
adopted .5-20-2004 by the State Water Resources Control Board; approved by
OAL and effective 8-26-2004 pursuant to Government Code section 11353;
filed 8^26-2004 (Register 2004, No. 35).
§ 2916. Water Quality Control Policy for Developing
California's Clean Water Act Section 303(d)
List.
On September 30. 2004, the State Water Resources Control Board
(SWRCB) adopted Resolution No. 2004-0063 adopting the Water Qual-
ity Control Policy for Developing California 's Clean Water Act Section
303(d) List (Policy) in accordance with California Water Code section
13191.3(a).
The Policy describes the process by which SWRCB and the Regional
Water Quality Control Boards (RWQCBs) will comply with the listing
requirements of section 303(d) of the federal Clean Water Act. The ob-
jective of the Policy is to establish a standardized approach for de\ elop-
ing California's section 303(d) list in order to achieve the overall goal of
achieving water quality standards and maintaining beneficial uses in all
of California's surface waters. Total Maximum Daily Loads (TMI)Ls)
will be developed as needed for the waters identified under the pro\ isit)ns
of the Policy.
The Policy outlines a weight of evidence approach that provides the
decision mles for different kinds of data: an approach for analyzing data
statistically; and requirements for data quality, data quantity, and admin-
istration of the listing process. Decision rules for listing and delisting are
provided for: chemical-specific water quality standards: bacterial water
quality standards; health advisories: bioaccumulation of chemicals in
aquatic life tissues; nuisance such as trash, odor, and foam; nutrienis; u a-
ter and sediment toxicity; adverse biological response; and degradation
of aquatic life populations and communities. The Policy also requires
that situation-specific weight of evidence listing or delisting factors be
used if available information indicates water qttality standards arc not at-
tained or attained and the other decision rules do not support listing or
delisting. The Policy requires schedules for TMDL development.
The Policy also provides direction related to:
1. Tlie definition of readily available data and information.
2. Administration of the listing process including data solicitation and
fact sheet preparation.
3. Interpretation of narrative water quality objectives using numeric
evaluation guidelines.
4. Data quality assessments.
5. Data quality assessments including water body specific informa-
tion, data spatial and temporal representation, aggregation of data by
reach/area, quantitation of chemical concentrations, evaluation of data
consistent with the expression of water quality objectives or criteria, bi-
nomial model statistical evaluation, evaluation of bioassessment data,
and evaluation of temperature data.
History
1. New section summarizing Water Qucditv Control Policy for Developing
California's Clean Water Act Section 303(d) List, Resolution No. 2004-0063
adopted 9-30-2004 by the State Water Resources Control Board; approved by
OAL and operative 12-13-2004 pursuant to Government Code section 1 1353;
filed 12-13-2004 (Register 2004, No. 51).
§ 2917. Water Quality Control Policy for Addressing
Impaired Waters: Regulatory Structure and
Options.
Regional Water Quality Control Boards (Regional Water Boards)
have wide latitude, numerous options, and some legal constraints that ap-
ply when determining how to address impaired waters. Irrespective of
whether Clean Water Act section 303(d) requires a Total Maximum Dai-
ly Load (TMDL), the process for addressing waters that do not meet ap-
plicable standards must be accomplished through existing regulatory
tools and mechanisms. This policy outlines those tools and mechanisms,
and explains how the federal requirement to establish TMDLs fits within
those confines. This policy also establishes a certification process where-
by the Regional Water Boards can formally recognize regulatory or non-
regulatory actions of other entities as appropriate implementation pro-
grams when the Regional Water Boards determine those actions will
result in attainment of standards.
History
1. New section summarizing amendments to the Policy for Implementation of
Toxics Standards for Inland Surface Waters, Enclosed Bays, and Hstuanes of
California (SIP), Resolution No. 2005-0019 adopted 2-24-2005 b\ the State
Water Resources Control Board; approved by OAL and operative 5-31 2(K)5
pursuant to Government Code section 1 1353; filed 5-31-2005 (Register 2005.
No. 22.)
Page 158.16(a)
Register 2008, No. 26; 6-27-2008
§2918
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2. Renumbering of former section 2917 to section 2914.5 and new section 2917
filed 4-]()-20()6; operative 4-10-2006 pursuant to Government Code section
11 353 (Register 2006. No. 15).
§ 2918. Policy for Compliance Schedules in National
Pollutant Discharge Elimination System
(NPDES) Permits.
On April 15, 2008. the State Water Resources Control Board (State
Water Board) adopted Resolution No. 2008-0025. a statewide Water
Quality Control Policy (Policy) that authorizes compliance schedules in
NPDES permits that implement Clean Water Act §30 1(b)(1)(C). The
Policy supersedes all existing provisions authorizing NPDES com-
pliance schedules with the exception of: (1 ) existing compliance sched-
ule provisions in Total Maximum Daily Load (TMDL) implementation
plans in Regional Water Quality Control Plans; and (2) the provisions au-
thorizing compliance schedules for California Toxics Rule criteria in the
Policy for Implementation of Toxics Standards for Inland Surface Wa-
ters, Enclosed Bays, and Estuaries of California. Existing compliance
schedules in NPDES permits are generally not required to be modified
to comply with the Policy.
A discharger who seeks a compliance schedule must demonstrate to
the satisfaction of the applicable Water Board that additional time is
needed to implement actions such as designing and constructing facilities
or implementing new or significantly expanded programs and securing
financing, if necessary, to comply with a more stringent permit limitation
specified to implement a new, revised, or newly interpreted water quality
objective or criterion in a water quality standard. Any compliance sched-
ule must require compliance as soon as possible. The Policy specifies
that, in general, the duration of the compliance schedule may not exceed
ten years from the date of adoption, revision, or new interpretation of the
applicable water quality standard. However, an extended compliance
schedule may be established in a permit for a permit limitation that imple-
ments waste load allocations specified in a TMDL.
History
1. New section filed 6-26-2008 summarizina State Water Resources Control
Board Resolution No. 2008-0025. adopted 4-1 5-2008; approved by OAL pur-
suant to Government Code section 1 1353 on 6-26-2008 (Register 2008, No.
26).
§ 2919. A Site Specific Exception to the Sources of
Drinking Water Policy for Old Alamo Creek.
State Water Board Resolution No. 2006-0008 provided a site specific
exception to State Water Board Resolution 88-63, Sources of Drinking
Water Policy, for Old Alamo Creek in Solano County.
History
1 . New section summarizing amendment to "Sources of Drinking Water" policy.
Resolution No. 88-63, filed 4-25-2006; amendment approved by the State Wa-
ter Resources Control Board Resolution No. 2006-0008 on 2-1-2006; amend-
ment approved by OAL pursuant to Government Code section 11353 on
4-25-2006 (Register 2006, No. 17).
Chapter 23. Water Quality Control Plans
§ 3000. Inland Surface Waters, Amendments.
NOTE: Authority cited: Sections 1058 and 13170. Water Code. Reference: Sec-
tions 13160, 13170, 13241, 13242, 13370 and 13372, Water Code.
History
1 . Plan as amended filed 5-19-93 with the Secretary of State; Inland Surface Wa-
ters Plan as adopted April 1 1, 1991, submitted for filing and publication, but not
review by OAL, pursuant to Government Code Sections 1 1343.8 and 1 1353;
amendment of Table 1, Table 2, Table 3, Chapter 111 B., Chapter III D., Chapter
in E., Table 5. Chapter III G., Table 6, Table 7, Chapter III J., Chapter III K.,
Chapter III L., Chapter III M. and Appendix 1 approved by OAL and effective
5-18-93, pursuant to Government Code section 1 1353 (Register 93, No. 21).
2. Depublication of Inland Surface Waters Plan as filed 5-19-93, and publication
instead of a summary of the amendments approved by OAL 5-18-93 to Inland
Surface Waters Plan, filed with the Secretary of State 9-16-93 (Register93, No.
38).
3. Change without regulatory effect repealing section filed 1 1-2-94 pursuant to
section 100, dtle 1, California Code of Regulations (Register 94, No. 44).
§ 3001. Enclosed Bays and Estuaries. Amendments.
Non-;: Authority cited: Sections 1058, 13I70and 13391. Water Code. Reference:
Secfions 13160. 13170. 13241. 13242. 13370. 13372 and 13.^91. Water Code,
History
1 . Plan as amended filed 5-19-93 with the Secretary of State; Enclosed Bays and
Kstuaries Plan as adopted April 11, 1991, submitted for filing and publication,
but not review by OAL. pursuant to Government Code Sections 1 1343.8 and
1 1353; amendment of Table 1, Table 2. Table 3. Chapter 111 B.. Chapter III D..
Chapter III H.. Table 5. Chapter III G., Table 6, Table 7. Chapter III J.. Chapter
III K.. Chapter III L.. Chapter III M. and Appendix 1 approved by OAL and ef-
fective 5-1 8-93. pursuant to Government Code section 1 1 353 (Re iister 93, No.
21).
2. Depublication of Hnclosed Bays and Estuaries Plan as filed .5-19-93, and publi-
cation instead of a summary of the amendments approved by OAL 5-18-93 to
Enclosed Bays and Estuaries Plan, filed with the Secretary of Si ate 9-16-93
(Register93. No. 38).
3. Change without regulatory effect repealing section filed 1 1-2-94 pursuant to
section 100. title 1, California Code of Reguladons (Regisier 94, No. 44).
§ 3002. Clear and Concise Summary of Revised V\^ater
Quality Control Plan for the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary.
On December 13, 2006 the State Water Resources Cotitrol Board
(State Water Board) adopted Resolution No. 2006-0098. entitled Adop-
tion of the Water Quality Control Plan for the San Francisco Bay/Sacra-
mento-San Joaquin Delta Estuary (2006 Bay-Delta Plan). The 2006
Bay-Delta Plan supersedes the Water Quality Control Plan for the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary adopted May
1995 ( 1 995 Plan), the Water Quality Control Plan for Salinity for the San
Francisco Bay /Sacramento-San Joaquin Delta adopted May 1 99 1 ( 1 99 1
Plan) and the Water Quality Control Plan for the Sacramento-San Joa-
quin Delta and Suisun Marsh adopted August 1978 (1978 Pian).
(a) The introductory chapter was revised, summarized, and reorga-
nized. A new section D was added describing emerging wate" quality is-
sues. The State Water Board is committed to further examining the fol-
lowing issues:
(1) Pelagic Organism Decline.
(2) Climate Change.
(3) Delta and Central Valley Salinity.
(4) San Joaquin River Flows.
(b) Beneficial uses established in the 1995 Plan remain unchanged in
the 2006 Bay-Delta Plan.
(c) Water Quality Objectives for Municipal and Industrial uses. Agri-
cultural uses and Fish and Wildlife beneficial uses remain unclianged. No
new water quality objectives were adopted in the 2006 Bay-Delta Plan.
Water quality objective footnotes containing implementation dates have
been moved to the program of Implementation or, if obsolete have been
deleted. The fish and wildlife water quality objective footnotes in Table
3 have been edited for clarification and to use the same terminology as
the corresponding footnotes in Water Right Decision 1641 (D-1641),
which implements the flow-dependent fish and wildlife objectives.
(d) Implementation Measures.
(1) Measures within the State Water Board Authority: This section
was expanded to include specific implementation measures, many of
which are implemented through permit and license terms adopted in
D-1641. This section adds a staged implementation of the April 15
through May 15 San Joaquin River pulse flow objectives t(3 allow for
scientific experimentation.
(2) Measures requiring a Combination of State Water Boa'd Authori-
ties and Actions by Other Agencies: This section was revised to update
the State Water Board's recommendations to other agencies on their pro-
grams to achieve water quality objectives.
(3) Recommendations to Other Agencies: This section has been up-
dated to address new developments since the release of the 995 Plan.
(4) Monitoring and Special Studies Program: This section was up-
dated to make changes to the Water Quality Compliance ard Baseline
Monitoring Program. The addition and deletion of stations as well as any
other changes were made as proposed by the California Department of
Water Resources.
Page 158.16(b)
Register 200S, No. 26; 6-27-2008
Title 23
State Water Resources Control Board
§3410
History
1. Summary of regulatory provisions filed 7-17-95. Regulatory provisions ap-
proved by OAL, plan effective 7-17-95 pursuant to Government Code section
11353(Register95, No. 29).
2. Repealer and new section containing concise summary of amendments to the
water qualitv control plan for the San Francisco Bay/Sacrainento-San .loaquin
Delta Hstuafy, Resolution No. 2006-0098. filed 6-27-2007; new .section ap-
proved by the State Water Resources Control Board 1 2-1 3-2006; approved by
OAL and operative 6-27-2007 pursuant to Government Code section 1 1 353
(Register 2007. No. 26).
§ 3003. Amendments to the Water Quality Control Plan for
Ocean Waters of California, the "California
Ocean Plan."
On March 30, 1997, the State Water Resources Control Board
(SWRCB) adopted Resolution No. 97-026 amending the 1990 Califor-
nia Ocean Plan (Ocean Plan). The amendment:
• revises the current list of critical life stage protocols used in testing
the toxicity of waste discharges,
• makes minor changes in terminology to make tlie Ocean Plan easi-
er to understand and implement, and
• substitutes some of the units of measurement in Table B so that all
the water quality objectives in the table are in both decimal and
scientific units.
NOTE: Authority cited: Section 13170.2, Water Code. Reference: Section
13170.2. Water Code.
History
1 . New section containing concise summary of amendments to the California
Ocean Plan filed 7-23-97; operative 7-23-97 pursuant to Government Code
section 1 1353 (Register 97, No. 30).
§ 3004. Clear and Concise Summary of Amendments to
the California Ocean Plan Adopted by the State
Water Resources Control Board on November
16,2000.
The State Water Resources Control Board (SWRCB) adopted Resolu-
tion No. 2000-108 on November 16, 2000 amending the California
Ocean Plan (Ocean Plan) as follows.
1 . Replacement of the Acute Toxicity Effluent Limitation in Table A
with an Acute Toxicity' Water Quality Objective. This revision replaces
an effluent limitation achievable by a well-run sewage treatment plant
in 1970 with a water quality objective for protection of marine aquatic
life. Tlie amendment also establishes a mixing zone for acute toxicity.
2. Revision of Water Quality Objectives for the Protection of Human
Health in Table B. Revised water quality objectives are adopted for 1 2
compounds. The revised water quality objectives are calculated using
Cal/EPA-recommended cancer potency factors and a California-specif-
ic fish consumption rate.
3. Addition of Provisions for Compliance Determination for Chemical
Objectives: The compliance determination section of the Ocean Plan is
revised to incorporate the Minimum Level concept. Minimum Levels for
statewide application are added as an appendix to the Ocean Plan.
4. Revisions of the Fonnat of the California Ocean Plan: The format
of the Ocean Plan is revised making it consistent with that of other water
quality control plans as described in Section 13O50()) of the California
Water Code.
5. Addition of Procedures for Nomination and Designation of Areas
of Special Biological Significance (ASBS): Procedures for nomination
and designation of Areas of Special Biological Significance are incorpo-
rated into the Ocean Plan. The adopted procedures are added as Appen-
dix IV of the Ocean Plan. A list of adopted ASBS is added as Appendix
V of the Ocean Plan.
6. Administrative Changes in the California Ocean Plan: Administra-
tive clean up of the Ocean Plan includes:
a. a definition of references used for specific governmental agencies,
b. a change in the definition of dredged materials,
c. a description of the relationship of the Ocean Plan to other State
plans and policies,
d. a change in the reference to the water quality objective for radioac-
tivity,
e. a change of references that lists test methods for total and fecal
bacteria and for acute toxicity
f. a change in a subtitle in Appendix IL
g. a change of the Ocean Plan effective date to reflect that it will not
be in effect until approved by the U.S. EPA.
History
1. New section containing concise summary of amendments to the California
Ocean Plan filed 7-9-2001; operative 6-13-2001 pursuant to Government
Code section 1 1349.3(a) (Register 2001, No. 28).
§ 3005. Clear and Concise Summary of Amendments to
the California Ocean Plan Adopted by the State
Water Resources Control Board on January 20,
2005 and April 21, 2005.
The State Water Resources Control Board (State Water Board)
adopted Resolution No. 2005-0013 on January 20, 2005 and Resolution
No. 2005-0035 on April 21, 2005, amending the California Ocean Plan
(Ocean Plan) as follows:
1. Choice of Indicator Organisms for Water-Contact Bacterial Stan-
dards. Add an enterococcus geometric mean and single sample maxi-
mum (SSM) water-contact standard. If a single sample exceeds any of
the SSM standards, repeat sampling at that location will be conducted
within 24 hours of receiving analytical results and continued until the
sample result is less than the SSM standard, or until a sanitary survey is
conducted to determine the source. Required monitoring for total coli-
form at offshore stations. Added a statement that it is State policy that the
geometric mean is strongly preferred for use in water body assessment
decisions. The use of only the SSM value is generally inappropriate, ex-
cept under appropriate circumstances.
2. Reasonable potential: Determining when Ocean Plan Water Quali-
ty-based Effluent Limitations are Required. Removed existing language
that allows dischargers to cerUfy that Table B pollutants are not present
in their effluent in lieu of monitoring, and added general "reasonable po-
tential" language to Chapter III (Program of Implementation) of the
Ocean Plan. Additional reasonable potential procedures were added in
the new Appendix VI of the Ocean Plan.
3. Classification of Areas of Special Biological Significance (ASBS)
as State Water Quality Protection Areas (SWQPAs), rename certain
ASBS to coincide with name changes corresponding to Marine Managed
Areas, and clarification that all exceptions are subject to Triennial Re-
view. Changed the names of specific ASBS and incorporated the classifi-
cation of ASBS as SWQPAs according to the Public Resources Code. In
addition, amended the Ocean Plan to state that exceptions (including
non-ASBS related exceptions) would be reviewed during the Triennial
Review and an appendix was added listing all current exceptions to the
Ocean Plan.
History
1. New section containing concise summary of amendments to the California
Ocean Plan approved by OAL 10-12-2005; filed 10-12-2005; operative
10-12-2005 pursuant to Government Code section 1 1353 (Register 2005, No.
41).
Chapter 24. Grant and Loan Programs
Article 1. Pesticide Research, Identification
of Source, and Mitigation Grant Program
§ 3410. Scope of Regulations.
Note: Authority cited: Section 791 17, Water Code. Reference: Section 791 17,
Water Code.
History
1. New chapter 24, article 1 (sections .3410-3410.5) and section filed 8 27 2002
as an emergency, operative 8-27-2002 (Register 2002, No. 35). A Ceriiticatc
of Compliance must be transmitted to OAL by 12-26-2002 or emergenc\ lan-
guage will be repealed by operation of law on the following day. For prior histo-
ry of chapter 24, articles 1-2, sections 3580-3598, see Register 97. No. 2.
Page 158.16(c)
Register 2008, No. 26: 6-27-2lK)8
§ 3410.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2. New chapter 24, article 1 (sections 3410-3410.5) and section refiled
12-19-2002 as an emergency; operative 12-19-2002 (Register 2002, No. 51 ).
A Certificate of Compliance must be transmitted to OAL by 4-18-2003 or
emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 1 1 346. 1 (g) (Reeisler 2004,
No. 32).
4. New chapter 24 ( article 2. sections 3420-3428) filed 1 2-3-2004 as an emergen-
cy; operative 12-3-2004 (Register 2004, No. 49). A Certificate of Compliance
must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code
section 25299. 1 08 or emergency language w ill be repealed by operation of law
on the following day.
5. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Regi.ster 2005. No. 28).
§3410.1. Definitions.
Note; Authority cited: Section 79117, Water Code. Reference: Sections 791 1 1 ,
79 1 1 4 and 79 1 1 7, Water Code.
History
1 . New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register
2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-26-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 2-1 9-2002 as an emergency, including amendment of def-
inition of "cooperating agency"; operative 12-19-2002 (Register 2002, No.
5 1 ). A Certificate of Compliance must be transmitted to OAL by 4-1 8-2003 or
emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2004,
No. 32).
§3410.2. Applications.
NOTE: Authority cited: Section 791 17, Water Code. Reference: Secfions 79 11 4,
791 14.3 and 791 17, Water Code.
History
1 . New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register
2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-26-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 2-1 9-2002 as an emergency; operafive 12-19-2002 (Reg-
ister 2002, No. 51). A Certificate of Compliance must be transmitted to OAL
by 4-1 8-2003 or emergency language will be repealed by operation of law on
the following day.
3. Repealed by operation of Government Code section 1 1 346. 1 (g) (Register 2004,
No. 32).
§ 3410.3. Evaluation Criteria.
NOTE: Authority cited: Section 79117, Water Code. Reference: Sections 79114
and 79117, Water Code.
History
1 . New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register
2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-26-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-1 9-2002 as an emergency; operative 12-19-2002 (Reg-
ister 2002, No. 51). A Certificate of Compliance must be transmitted to OAL
by 4-1 8-2003 or emergency language will be repealed by operation of law on
the following day.
3. Repealed by operation of Government Code section 1 1 346.1(g) (Register 2004,
No. 32).
§ 3410.4. Selection Process.
NOTE: Authority cited: Water Code: Section 79117. Reference: Section 79117,
Water Code.
History
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register
2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-26-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-1 9-2002 as an emergency; operative 12-19-2002 (Reg-
ister 2002. No. 51). A Certificate of Compliance must be transmitted to OAL
by 4-18-2003 or emergency language will be repealed by operation of law on
the following day.
3. Repealed by operation ofGovemment Code section 11346. 1(g) (Register 2004,
No. 32).
§ 341 0.5. Project Implementation.
NOTE: Authority cited: Section 791 17, Water Code. References: Secfions 791 14
and 791 17, Water Code.
History
1. New section filed 8-27-2002 as an emergency; operative 8-27-2002 (Register
2002, No. 35). A Certificate of Compliance must be transmitted to OAL by
12-26-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 12-19-2002 as an emergency; operafive 1 2-19-2002 (Reg-
ister 2002, No. 51). A Certificate of Compliance must be transmitted to OAL
by 4-1 8-2003 or emergency language will be repealed by operat on of law on
the following day.
3. Repealed by operation of Government Code section 1 1346. 1(e) (Register 2004,
No. 32).
Article 2. Replacing, Removing, or
Upgrading Petroleum Underground Storage
Tanks Grant and Loan Program
§ 3420. Definitions.
The following definitions shall govern construction of this article:
"Act" means chapter 6.76 (commencing with section 25299.100) of
division 20 of the Health and Safety Code.
■'Applicant" means a small business that owns or operates a project
tank and is applying for a loan or a grant.
"Application" means the information contained in sections 3424 or
3425 which an applicant must provide to the Board when seeking a loan
or a grant.
"Board" means the State Water Resources Control Board
"Borrower" means an applicant whose application for a loan has been
approved and who has executed a loan agreement.
"Corrective action" has the same meaning as defined in section 2804
of title 23 of the California Code of Regulations.
"Environmental audit" means an investigation into all variables, in-
cluding the applicant's operations and compliance with federal, state and
local environmental laws, regulations and rulings, which would indicate
whether the facility is, or is likely to become, contaminated.
"Financial responsibility" has the same meaning as defined in section
2804 of title 23 of the California Code of Regulations.
"Grant agreement" means a written agreement for a grant made in ac-
cordance with this article.
"Local agency" means a local agency authorized pursuant to Health
and Safety Code section 25283 to implement chapter 6.7 of division 20
of the Health and Safety Code.
"Loan agreement" means a written agreement for a loan made in ac-
cordance with this article.
"Petroleum" has the same meaning as defined in section 2^04 of title
23 of the California Code of Regulations.
"Project" means the work an applicant proposes to conduct on a tank
by removing, replacing, upgrading, or making other specified improve-
ments to the tank, and/or taking corrective action.
"Project tank" means the tank that is the subject of the project.
"Regional board" means a California Regional Water Quality Control
Board.
"RUST program" means the program administered by the Board pur-
suant to the Act. The RUST program provides grants for specified im-
provements to petroleum underground storage tanks and provides loans
for replacing, removing, upgrading, or performing corrective action re-
lated to petroleum underground storage tanks.
"Small business" means a business which complies with al of the fol-
lowing:
(a) The principal office is domiciled in California,
(b) The officers of the business are domiciled in California, and
(c) The business meets either (1) or (2) below:
(1) For grants, the business meets both of the following:
(A) It is a small business as defined in section 632 of tithj 15 of the
United States Code, and in the federal regulafions adopted to implement
that secfion as specified in part 121 (commencing with secfioa 121.101)
of chapter 1 of fitle 13 of the Code of Federal Regulafions, and
(B) The business employs fewer than 20 full-time and pari.-fime em-
ployees.
(2) For loans, the business meets one of the following:
Page 158.16(d)
Register 2(K)8, No. 26; 6-27-2(X)8
Title 23
State Water Resources Control Board
§3423
(A) It is a small business as defined in section 632 of title 15 of the
United States Code, and in the federal regulations adopted to implement
that section as specified in part 121 (commencing with section 121.101)
of chapter 1 of title 13 of the Code of Federal Regulations, or
(B) It employs fewer than 500 full-time and part-time employees, is
independently owned and operated, and is not dominant in its field of op-
eration.
"Tank" means an "underground storage tank" as defined in section
2804 of title 23 of the California Code of Regulations. "Tank" also in-
cludes under-dispenser containment systems, spill containment sys-
tems, enhanced monitoring and control systems, and vapor recovery sys-
tems and dispensers connected to the underground piping and the
underground storage tank.
"Underground storage tank" has the same meaning as defined in sec-
tion 2804 of title 23 of the California Code of Regulations.
NOTE: Authority cited: Section 25299.108. Health and Safety Code. Reference:
Sections 25299.100, 25299.101, 25299.102, 25299.103, 25299.104, 25299.105
and 25299.106, Health and Safety Code.
History
1 . New article 2 (sections 3420-3428) and section filed 1 2-3-2004 as an emergen-
cy; operative 12-3-2004 (Register 2004. No. 49). A Certificate of Compliance
must be transmitted to OAL by 6-1-2005 pursuant to Health and Safety Code
section 25299. 108 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
.5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§ 3421. Grant and Loan Purposes.
(a) Grant funds may be used only to pay the costs necessary to comply
with the requirements of Health and Safety Code sections 25284.1,
25292.4, or 25292.5.
(b) Loan funds may be used to finance the costs necessary to upgrade,
remove, or replace project tanks. Loan funds may also be used for correc-
tive action costs and for costs necessary to comply with applicable local,
state, or federal standards, including, but not limited to, any design,
construction, monitoring, operation, or maintenance requirements
adopted pursuant to Health and Safety Code sections 25284.1 and
25292.4.
NOTE: Authority cited: Section 25299.108, Health and Safety Code. Reference:
Sections 25299.101, 25299.104 and 25299.105, Health and Safety Code.
History
1 . New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§ 3422. Eligibility.
(a) An applicant shall be eligible for a loan when the Board determines
the following:
( 1 ) The applicant is an existing small business which owns or operates
one or more project tanks;
(2) No similar financing is available to the applicant. A determination
that no similar financing is available shall consist of one of the following:
(A) The Board makes a finding that the applicant is unlikely to obtain
financing for the project from private financial institutions, the Hazard-
ous Substance Cleanup Financing Authority, the California Pollution
Control Financing Authority, or other government agencies, under terms
and conditions substantially similar to those available with a loan; or
(B) The Board locates alternative financing sources for the applicant,
and the applicant submits evidence that these financing sources are un-
willing to finance the project on terms and conditions substantially simi-
lar to those available with a loan;
(3) The appUcant has complied with, will comply with, or is exempt
from, the financial responsibility requirements specified in section
25299.3 J of the Health and Safety Code and implementing regulations;
(4) All tanks owned or operated by applicant are subject to compliance
with chapter 6.7 (commencing with section 25280) of division 20 of the
Health and Safety Code; and
(5) The applicant demonstrates the ability to repay the loan, and the
availability of adequate collateral to secure the loan.
(b) An applicant shall be eligible for a grant if the applicant owns or
operates one or more project tanks and meets the requirements set forth
in Health and Safety Code section 25299.105.
NOTE: Authority: Section 25299.108, Health and Safety Code. Reference: Sec-
tions 25299.101, 25299.102 and 25299.105, Health and Safety Code.
History
1 . New section filed 12-3-2004 as an emergency; operative 1 2-3-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Heahh and Safety Code section 25299. 108 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§3423. Loan Terms.
(a) In addition to the loan terms established by Health and Safety Code
section 25299.104, each loan agreement shall include the following
terms and conditions:
( 1 ) A description of collateral securing the loan and conditions pertain-
ing thereto, as determined by the Board, and agreed to by the applicant,
(2) A provision that the borrower shall pay late charges in the event of
a default,
(3) An affirmative covenant by the borrower that it shall continuously
comply with any applicable federal, state, or local requirement, including
requirements for operating tanks, throughout the term of the loan, and
(4) An agreement that all work funded with loan proceeds shall be per-
formed by a contractor, as defined in section 7026 of the Business and
Professions Code, who has been licensed pursuant to section 7065 to
7077 of the Business and Professions Code.
(b) Disbursements shall be in stages, and each stage shall require satis-
faction of conditions precedent to disbursement. The stages, and condi-
tions precedent to disbursement for each stage, are as follows:
( 1 ) If the borrower is removing the project tank, disbursement is condi-
tioned on:
(A) An executed contract for removal by a licensed contractor includ-
ing costs consistent with the project budget contained in the loan agree-
ment, and
(B) A valid tank removal permit issued by the local agency authorizing
removal of the project tank.
(2) If the borrower is upgrading the project tank, disbursement is
conditioned on:
(A) An executed contract for upgrading the tank by a licensed contrac-
tor including costs consistent with the project budget contained in the
loan agreement, and
(B) A valid tank removal permit issued by the local agency authorizing
removal of the project tank if removal is part of the project.
(3) If the project is tank replacement, disbursement is conditioned on:
(A) An executed contract for removal of the old tank and installafion
of a new tank by a licensed contractor including costs consistent with the
project budget contained in the loan agreement, and
(B) Valid permits issued by the local agency authorizing removal of
the old tank and installation of the new tank.
(4) If the project is to take correcfive action, disbursement is condi-
tioned on:
(A) An executed contract for corrective action by a licensed contractor
including costs consistent with the project budget contained in the loan
agreement,
(B) A corrective action plan approved by the local agency or regional
board for the project, and
(C) Any federal, state, or local permits required for the project.
NOTE: Authority cited: Section 25299.108. Health and Safety Code. Reference:
Section 25299.104, Health and Safety Code.
Page 158.16(e)
Register 2008, No. 26; 6-27-2008
§ 3424
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1 . New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register
2004. No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Health and Safety Code section 25299. 1 08 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§ 3424. Loan Application Content.
A completed application for a loan shall consist of the following:
(a) The name, address and telephone number of the applicant, the
name and title of applicant's principal contact person, a description of ap-
plicant's type of business and the date the applicant's business was estab-
lished, the federal employer identification number, and the number of
full- and part-time workers employed by the business. For any applica-
tion where a business or individual proposes to guarantee the loan repay-
ment, the application shall include information concerning the proposed
guarantors, including current financial statements and tax returns for the
previous two years, and a list of information concerning each guarantor,
including his or her name, address, phone numbers, employer, and
amount of time at current residence and employment;
(b) A list of all tanks located in California and owned or operated by
the applicant, including the street address of each tank;
(c) Information indicating whether each tank owned or operated by the
applicant is in compliance with federal, state, and local standards and has
a current operating permit issued to the owner or operator, or an explana-
tion why a tank which the applicant owns or operates is exempt from the
permit requirements of section 25284 of the Health and Safety Code. Evi-
dence of a current permit shall consist of one of the following:
(1 ) Copy of a current operating permit issued by the local agency; or
(2) Both of the following;
(A) A copy of: (i) a completed operating permit application form
signed by an authorized representative of the local agency, (ii) an expired
operating permit, or (iii) a permit renewal invoice; and
(B) Evidence that the operating permit fee has been paid for each tank
owned or operated by the applicant for the current year, consisting of a
canceled check or a receipt from the local agency;
(d) An environmental audit;
(e) A description of any unauthorized releases from any tanks owned
or operated by the applicant, including copies of correspondence with the
local agency and regional board, and reports made to insurers;
(f) Information regarding the project for which funding is being re-
quested, including:
( 1) An explanation of the reasons the project tank is not in compliance
with applicable federal, state, or local standards or will not be in com-
pliance with federal, state, or local standards without the project;
(2) A description of the project to be completed including an estimated
timetable for completion of the project;
(3) The reasons applicant believes that, upon completion of the proj-
ect, the project tank will comply with federal, state and local standards;
(4) Project components and cost estimates, including the name and ap-
plicable experience of the individual or firm preparing the cost estimates,
and copies of any supporting invoices, estimates or contracts; and
(5) Identification of any required federal, state, or local permits neces-
sary to carry out the project;
(g) If the project includes corrective action, the following:
(1) A description, budget and timeline for each segment or activity
comprising the corrective action, and the identified source of funding, in-
cluding the loan, for each segment or activity; and
(2) A copy of the corrective action plan approved by the local agency
or regional board;
(h) Information and documents demonstrating that the applicant is
able to provide adequate collateral and repay the loan, including appli-
cant's tax returns for the previous two (2) years, current personal and
business financial statements, any history of insolvency, status of any tax
audits or lawsuits, and the existence and solvency of any guarantors;
(i) Loan amount requested and the term of the loan;
(j) Evidence that the applicant complies with applicable federal or
state laws pertaining to financial responsibility. In the alternative, the ap-
plicant shall certify that it is exempt from financial responsibility require-
ments because the only tanks owned or operated by applicant will be re-
moved as part of the project, or that financial responsibility requirements
do not currently apply to the tanks, specifying reasons;
(k) Copy of any application filed with any federal, state, or local
agency to obtain the permit(s) necessary to carry out the project; and
(/) Any other information or supporting documentation rcc.sonably re-
quired by the Board to determine an applicant's eligibility, priority, or the
amount of a loan.
NOTE: Authority cited: Section 25299.108, Health and Safety Code. Reference:
Sections 25299.101, 25299.102 and 25299.103, Health and Safety Code.
History
1 . New section filed 1 2-3-2004 as an emergency; operative 1 2-3-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Health and Safety Code section 25299. 1 08 cr emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1 2-3-2004 order, including amendment of sub-
section (c)(2)(A), transmitted to OAL 5-31-2005 and filed 7-13-2005 (Regis-
ter 2005, No. 28).
§ 3425. Grant Application Content.
A completed application for a grant shall consist of the following:
(a) A description of the applicant's business, including the business'
name, telephone nuinber, street address, city, state, zip code, county, fed-
eral employer identification number or social security numbe' of the pri-
mary owner, and the number of full- and part-time workers employed
by the business. A person working fewer than forty (40) hours a week
shall be considered a part-time employee. The Board shall provide appli-
cants written notification of the following information: "If a federal em-
ployer identification number is unavailable, a social security number is
required. Section 25299.106 of the Health and Safety Code authorizes
the Board to request this information. Pursuant to the Federal Privacy Act
of 1 974 (Public Law 93-579), you are hereby notified that it is mandatory
to provide your social security number. Failure to provide tht; requested
information will result in denial of the grant application. The social secu-
rity number will be used by the State solely for the purpose of identifying
the recipient of the grant funds. Applicants have the right to inspect re-
cords containing personal information maintained by the Board.";
(b) The names and addresses of each owner and corporate officer of
the applicant. If an owner is a corporate entity, list the name and business
address of its principal place of business;
(c) The amount of grant funding requested. The minimum amount of
grant funding an applicant may apply for is three thousand dollars
($3,000). The maximum amount of grant funding an applicant may apply
for is fifty thousand dollars ($50,000);
(d) A description of the project the applicant will finance with the
grant, including a list of all tanks to be improved with the funds from this
grant, the actions required to comply with Health and Safety Code sec-
tions 25284.1, 25292.4, or 25292.5, and a rimetable for the completion
of the project;
(e) An estimate of the cost of the project, including the name and appli-
cable experience of the individual or firm preparing the estiiTiate, sup-
porting documentation (such as invoices, bids, or contracts), and a list of
the materials necessary to complete the project;
(f) A statement indicating that, between January 1, 1997 and the date
of the application, the applicant, a family member, or an affiliated entity
has owned or operated all tanks included in subdivision (d);
(g) A statement indicating that the facility where the project tank is lo-
cated sold less than 900,000 gallons of gasoline at retail annual, y for each
of the two years preceding the submission of this application;
(h) A list of all tanks located in California and owned or o])erated by
applicant, other than those listed in subdivision (d);
(i) Evidence of the current operating permit for each tank identified in
subdivision (d), consisting of one of the following:
(1) Copy of a current operating permit issued by the local agency; or
(2) Both of the following:
Page 158.16(f)
Register 2008, No. 26; i3-27-2008
Title 23
State Water Resources Control Board
§3615
•
(A) A copy of: (i) a completed operating permit application form
signed by an authorized representative of the local agency, (ii) an expired
operating permit, or (iii) a permit renewal invoice; and
(B) Evidence that the operating permit fee has been paid for each tank
owned or operated by the applicant for the current year, consisting of a
canceled check or a receipt from the local agency;
(j) The applicant's most recent Employee Tax Return Form (IRS Form
941 or EDD Form DE-6);
(k) The applicant's most recent California Tax Return (FTB Form
540);
(/) Sales and Use Tax Return Form (B()E-401-GS, rev 60. 4-02) in-
cluding Schedule G, Fuel Seller's Supplement, submitted by the appli-
cant to the State Board of Equalization during the last eight (8) quarters;
and
(m) Any other information or supporting documentation reasonably
required by the Board to determine an applicant's eligibility, priority, or
the amount of a grant.
NOTH: Authority: Section 25299.108, Health and Safety Code. Reference: Sec-
tions 25299.101, 23299.105, 25299.106 and 25299.107. Health and Safety Code.
History
1 . New section filed 12-.V2004 as an emergency; operative 12-3-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Health and .Safety Code section 25299.108 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-.3-2004 order, including amendment of sub-
.section (i)(2)(A), transmitted to OAL 5-31-2005 and filed 7-13-2005 (Regis-
ter 2005, No. 28).
§ 3426. Loan Application Process.
(a) Upon receipt by the Board of the completed application, the Board
shall approve a request for a loan when it finds the following require-
ments are met:
(1) The applicant meets the conditions of eligibility provided in this
chapter,
(2) The applicant has applied for all permits necessary to complete the
project,
(3) The business is creditworthy,
(4) Any environmental audit supports, or does not materially adverse-
ly affect, the decision to make the loan,
(5) Collateral and the source of repayment are sufficient for the pro-
posed loan, and
(6) Funds are available to meet the funding request.
(b) If any of the conditions and requirements of this section have not
been met, the Board shall deny the application and determine what spe-
cific actions, if any, the applicant must take to obtain further Board evalu-
ation and review of the application.
(c) If the Board approves the loan, then the Board shall be authorized
to enter into a loan agreement which embodies the terms specified in sec-
tion 3423 and any other items agreed to by the applicant and Board.
(d) If the Board denies the application, the applicant shall have no right
to administratively appeal the decision, but may reapply at any time.
NOTH; Authority cited: Section 25299.108, Health and Safety Code. Reference:
.Sections 25299.101, 25299.102, 25299.103 and 25299.104, Health and Safety
Code.
History
1 . New section filed 12- .3-2004 as an emergency; operative 12-3-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Health and Safety Code section 25299.108 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
NOTE: Authority cited: Section 25299.108, Health and Safety Code. Reference:
Sections 25299.101, 25299.105, 25299.106 and 25299.107, Health and Safety
Code.
History
1. New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register
2004, No. 49). A Certificate of Compliance must be transmitted to OAL by
6-1-2005 pursuant to Health and Safety Code section 25299. 1 08 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
§ 3428. [\/lisrepresentation; Repayment.
(a) An applicant that obtains grant or loan funds as a result of a material
misrepresentation in the application or another submitted document shall
repay to the Board the amount of grant or loan funds paid to the applicant.
(b) Any grant or loan funds paid to the applicant to which applicant is
not entitled must be repaid to the Board immediately upon knowledge or
notice that such a payment has been made and, in any event, not later than
thirty (30) days after a written request for repayment by the Board.
(c) Moneys repaid to the Board pursuant to this section shall be depos-
ited in the Petroleum Underground Storage Tank Financing Account es-
tablished by Health and Safety Code section 25299.109.
Note: Authority cited: SecUon 25299.108, Health and Safety Code. Reference:
Sections 25299.101, 25299.102, 25299.103, 25299.105, 25299.106 and
25299.109, Health and Safety Code.
History
1 . New section filed 12-3-2004 as an emergency; operative 12-3-2004 (Register
2004, No. 49). A Certificate of Coinpliance must be transmitted to OAL by
6-1-2005 pursuant to Health and Safety Code section 25299. 108 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-3-2004 order transmitted to OAL
5-31-2005 and filed 7-13-2005 (Register 2005, No. 28).
Chapter 25. Clean Water Grant Program
Article 1. General Provisions
§3610. Purpose.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h) and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. New subchapter 13 (articles 1-9, sections 3610-3663, not consecutive) filed
1 1-2-81 ; effective thirtieth day thereafter (Register 81, No. 45). See chapter 3,
subchapter 7, sections 2100-2137.
2. Change without regulatory effect renumbering chapter heading filed 11-1 0-93
pursuant to section 100, title 1, California Code of Regulations (Register 93, No.
46).
3. Repealer of chapter 25 (articles 1-9, sections 3610-3663), article 1 (sections
3610-3612), and section filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 361 1 . Implementation and Objectives.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h). and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3612. Other State and Federal Program Requirements.
NOTE: Authority cited: Sections 1058. 13160(b), 13962(g), 13976(h). and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97. No. 2).
§ 3427. Grant Application Process.
(a) Subsequent to the award of a grant, and prior to the payment of the
grant award, the applicant shall enter into a grant agreement with the
Board.
(b) If the Board denies the application, the applicant shall have no right
to administratively appeal the decision, but may reapply at any time.
Article 2. Definitions
§ 3615. Definitions. (In Alphabetical Order)
NOTE: Aulhorily cited: Sections i05S, \3\60tb), 139(-)2(g), i?.976\h), and
13991(g). Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
Page 158.16(g)
Register 2008, No. 26; 6-27-2008
§ 3618
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1. Repcalcrof article 2 (section 3615)and section filed 1-9-97; operative 2-8-97
(Register97. No. 2).
Article 3. State Project Priority System
§ 3618. Development of Regional Board Project Priority
Lists.
NOTE; Authority cited: Sections 1058. 13160(b), 13962(g), 13976(h). and
13991(g). Water Code. Reference: Chapter 12.5 (commencing with Section
13955). Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repcalcrof article 3 (sections 3618-3626) and section filed 1-9-97; operative
2-8-97(Register97, No. 2).
§ 3619. Development of Statewide Project Priority List.
NOTH: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g). Water Code. Reference: Chapter 12.5 (coimriencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3620. Amendment of Statewide Project Priority List.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h). and
13991g). Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chap.er 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1 . Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
[The next page is 158.17.
Page 158.16(h)
Register 2008, No. 26; 6-27-2008
Title 23
State Water Resources Control Board
§3646
§ 3621 . Priority Classes.
NOTH: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g). Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3622. Project Ranking.
NOTH: Authority cited: Sections 1058, 13160(b). 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
1 3955), Chapter 1 3 (commencing with Section 1 3970) and Chapter 1 4 (commenc-
ing with Section 13985), Division 7. Water Code.
History
1 . Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3623. Restrictions and Adjustments.
NOTE; Authority cited; Sections 1058, 13160(b), 13962(g), 13976(h) and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Secfion 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3624. IVIanagement of the Priority List.
NOTE; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g) Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3625. Project Removal and Changes.
NOTE; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference 12.5 (commencing with Section 13955). Chap-
ter 13 (commencing with Section 13970) and Chapter 14 commencing with Sec-
tion 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3626. Direction to Prepare a Plan of Study.
NOTE; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Article 4. Grant Applications
§ 3630. Step 1 : Facilities Planning.
Note; Authority cited: Secdons 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code and Sections 21002, 21002.1 and 21082, Public Resources
Code. Reference; Chapter 12.5 (commencing with Section 13955), Chapter 13
(commencing with Section 13970), and Chapter 14 (commencing with Section
13985), Division 7, Water Code, and Section 21002.1(b), Public Resources Code.
History
1 . Repealer of article 4 (sections 3630-3632) and section filed 1-9-97; operative
2-8-97 (Register 97, No. 2).
§ 3631 . Step 2: Preparation of Construction Plans and
Specifications.
NOTE; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3632. Step 3: Construction of Treatment Works.
Note: Authority cited; Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (conrmiencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Article 5. Requirements and Limitations of
Treatment Works
§ 3635. Capacity Requirements.
Note; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer of article 5 (sections 3635-3638) and section filed 1-9-97; operative
2-8-97 (Register 97, No. 2).
§ 3636. Capacity Funding Limitations.
Note; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
1 399 1(g), Water Code, and Sections 2 1 002, 2 1 002. 1 and 2 1 082, Public Resources
Code. Reference: Chapter 12.5 (commencing with Section 13955), Chapter 13
(coinmencins with Section 13970), and Chapter 14 (commencing with Section
13985), Division 7, Water Code, and Section 21002.1(b), Public Resources Code.
History
I. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3637. Treatment Limitations.
Note; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3638. Reclamation Outfall Limitations.
Note; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Article 6. Grants Contracts and
Modifications, Payments, and Grantee
Responsibilities
§ 3642. State Grant Contract.
Note; Authority cited: Secdons 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer of article 6 (sections 3642-3651) and section filed 1-9-97; operative
2-8-97 (Register 97, No. 2).
§ 3643. Project Changes.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3644. Amendment of Grant Contracts.
Note; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference; Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3645. Grant Payments.
Note; Authority cited; Sections 1058. 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3646. Accounting.
Note; Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h). and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
Page 158.17
Register 98, No. 13; 3-27-^
§3647
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3647. Grantee Responsibility.
NOTi;: Authority cited: Sections 1058, 13160(b), 13962(g). 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3648. Operation and Maintenance.
NOTE: Authority cited: Sections 1058, 13160(b), 13627, 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955). Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3649. Reservation by State Board.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Secfion
13955), Chapter 13 (commencing with Section 13970). and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3650. Application of Regulations.
Note: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3651. Interpretation of Regulations.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Secfion
13955). Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operafive 2-8-97 (Register 97, No. 2).
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Article 7. Review of Action by the Division
§ 3655. Final Decision of the Division.
Note, Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Secfion
13955), Chapter 13 (commencing with Section 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer of article 7 (secfions 3655-3658) and secfion filed 1-9-97; operative
2-8-97 (Register 97, No. 2).
§ 3656. Petition for Review by the State Board.
Note: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (conamencing with Secfion
13955), Chapter 13 (commencing with Secfion 13970), and Chapter 14 (com-
mencing with Secfion 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operafive 2-8-97 (Register 97, No. 2).
§ 3657. Defective Petitions.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (commencing with Secfion 13970), and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3658. Action by State Board.
NOTE: Authority cited: Sections 1058, 13160(b), 13962(g), 13976(h), and 13991,
Water Code. Reference: Chapter 12.5 (commencing with Section 1 3955), Chapter
13 (commencins with Secfion 13970), and Chapter 14 (commencing with Secfion
13985), Division 7, Water Code.
Article 8. Waivers
§3659. Waivers.
NOTE: Authority cited: Secfions 1058, 13160(b). 13962(g), 13976(h), and
13991(g), Water Code. Reference: Chapter 12.5 (commencing with Section
13955), Chapter 13 (conmiencing with Section 13970). and Chapter 14 (com-
mencing with Section 13985), Division 7, Water Code.
History
1 . Repealer of article 8 (section 3659) and section filed 1-9-97; operafive 2-8-97
(Register 97, No. 2).
Article 9. Eligible State-Assisted Projects
§ 3663. Funding.
NOTE: Authority cited: Sections 1058, 13962(g), Water Code. Refere;ice: Chapter
12.5 (commencing with Section 13955), Division 7, Water Code.
History
1. Repealer of article 9 (section 3663) and secfion filed 1-9-97; opertifive 2-8-97
(Register 97, No. 2).
Chapter 26. Classification of Wastewater
Treatment Plants and Operator Certification
Article 1 . General Provisions
§ 3670. Purpose.
The primary purpose of the Wastewater Treatment Plant Classifica-
tion, Operator Certification, and Contract Operator Registi'ation Pro-
gram is to protect public health and the environment by providing for the
effective operation of wastewater and water recycling treatnent plants
through the certification of wastewater treatment plant operctors.
NOTE; Authority cited: Secfion 1058, Water Code. Reference: ChajHer 9 (com-
mencing with Secfion 13625), Division 7, Water Code.
History
1. New subchapter 14 (articles 1-6, secfions 3670-3705, not consecutive) filed
1 2-7-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 50) . Fo r prior histo-
ry, see chapter 3, subchapter 14 (sections 2450-2485, not consecufive).
2. Amendment filed 5-28-86; effecfive thirtieth day thereafter (Reg ster 86, No.
26).
3. Amendment filed 6-24-92; operafive 6-24-92 (Register 92, No. 26).
4. Change without regulatory effect renumbering chapter heading file d 1 1-1 0-93
pursuant to secfion 100, title 1, California Code of Regulafions (Register 93, No.
46).
5. Amendment filed 3-27-98; operafive 4-26-98 (Register 98, No. 13).
§ 3670.1 . Certification Requirements for Operation of
Wastewater Treatment Plants.
No person shall operate a wastewater treatment plant within the mean-
ing of these regulations unless that person has been certified by the divi-
sion as a wastewater treatment plant operator or operator-in-training at
a grade appropriate for the class of plant being operated.
NOTE: Authority cited: Section 1 058, Water Code. Reference: Chapter 9 and Sec-
don 13625, Water Code.
History
1. New section filed 6-24-92; operafive 6-24-92 pursuant to Government Code
secfion 11346.2(d) (Register 92, No. 26).
2. Amendment of section heading filed 3-27-98; operafive 4-26-98 (Register 98,
No. 13).
§ 3670.2. Certification Requirement for Operation of Water
Recycling Treatment Plants.
(a) Except as provided in subsection (b) below, no person shall operate
a water recychng treatment plant unless that person has been certified by
the division as a wastewater treatment plant operator or operator-in-
training at a grade appropriate for the class of plant being op lerated.
(b) A person certified by the Department of Health Services as a water
treatment plant operator may operate a water recycling treatment plant
at a grade appropriate for the class of plant operated.
Page 158.18
Register 98, No. 13; 3-27-98
Title 23
State Water Resources Control Board
§ 3671
(c) The State Board may refuse to approve use of a certificate issued
hy the Department of Health Services or suspend or revoke its approval
of the use of the certificate if the operator commits any of the prohibited
acts described in Article 7 (commencing with section 3710) of Chapter
26 of Division 3 of the California Code of Regulations.
NtrrH: Aulhorily cited: Section 1058, WaterCode. Reference: Chapter9 and Sec-
lion 13625, Water Code.
History
1. New section filed 3-27-98: operative 4-26-98 (Register 98. No. 13).
§3671. Definitions.
The following definitions shall apply to this chapter:
(a) "Activated sludge treatment" means a wastewater treatment pro-
cess in which predominantly biodegradeable pollutants in wastewater
are adsorbed and/or absorbed by a suspended mass of living aerobic or-
ganisms called "activated sludge". The suspended mass is subsequently
separated from the treated wastewater by a sedimentation proces either
for further use in the process or for disposal.
(b) "Agency" or "municipality" means any government agency
created by federal law or any city, town, county, district, or other govern-
ment created by or pursuant to state law which owns or operates a waste-
water treatment plant. "Agency" also includes any privately-owned or-
ganization which owns or operates a wastewater treatment plant
regulated by the Public Utilities Commission pursuant to Sections 216
and 230.6 of, and Chapter 4 (commencing with Section 701) of Part 1 of
division 1 of the Public Utilities Code.
(c) "Appellant" means a person who appeals a decision made by the
Office of Operator Certification, Office of Enforcement, or division
Chief regarding denial of an application, the results of an examination,
or disciplinary action taken.
(d) "Applicant" means a person who files an application for an exami-
nation, cerfificadon, renewal, or reinstatement as a wastewater treatment
plant operator or operator-in-training.
(e) "Basic science courses" means college-level courses in the com-
bined fields of mathemafics, physics, chemistry, and biology.
(f) "Biological filtration treatment" (biofiltration) means a wastewater
treatment process in which predominantly biodegradable pollutants in
wastewater are adsorbed and/or absorbed by masses of living aerobic or-
ganisms and which are attached to stationary support media as the waste-
water is caused to trickle over the media. Settleable material that may
have sloughed from the media surfaces is subsequently separated from
the treated wastewater by a sedimentation process for disposal.
(g) "Board" or "State Water Board" as used in this chapter means the
five members of the State Water Resources Control Board.
(h) "Chief Plant Operator" means a supervisor who is certified as an
operator and who is responsible for the overall operation of a wastewater
treatment plant.
(i) "Contract operator" means any person or entity who enters a prom-
issory agreement to operate a wastewater treatment plant.
(j) "Direct supervision" means the oversight and inspection of the
work performance of an operator-in-training by the supervisor, without
an intervening person, to ensure the safe and proper execution of the du-
ties of the operator-in-training.
(k) "Division" means that unit of the division of the board in which the
Office of Operator Certification is located.
(/) "Extended aerafion treatment" means a modificafion of the acfi-
vated sludge treatment process which uUlizes long aerafion periods to
promote aerobic digestion of the biomass.
(m) "Maintenance" means those acfivities which will be credited to-
ward operator experience under the certification program. Those activi-
ties arc limited to the day-to-day servicing, adjustment or regulation of
equipment which are performed by an operator and are necessary to
maintain reliable operation of major treatment processes.
(n) "Office of Enforcement" means that unit of the Board that is re-
sponsible for enforcement of the Operator Certification Frtigram pur-
suant to Article 7 and Article 1 0.
(0) "Office of Operator Certification" means that unit of the di\ision
which administers the Wastewater Treatment Plant Classification and
Operator Certification Program.
(p) "Operates" means the performance of day-to-day activities pri-
marily consisfing of the control of any process which may affect the qual-
ity of the discharge of a wastewater treatment plant. "Operates" may in-
clude performance of day-to-day maintenance work so long as the
primary funcfion of the operator is control of the process. "Operates"
does not include maintenance functions which are not necessarily for the
reliable operation of major treatment processes.
(q) "Operator" means any person operating a wastewater treatment
plant and who occupies a position and performs duties for which the Of-
fice of Operator Certification requires an operator certificate.
(r) "Operator-in-training" means any person who operates a waste-
water treatment plant under the direct supervision of a certified operator
while gaining experience to qualify for an operator certificate.
(s) "Pond treatment" means processing in a pond in which biological
oxidation of organic matter is effected by natural or artificially acceler-
ated transfer of oxygen to the water.
(t) "Preliminary treatment" means a process or processes to remove or
reduce in size solids which could damage equipment or reduce effective-
ness of other treatment processes.
(u) "Primary treatment" means a wastewater treatment process that al-
lows those substances in wastewater that readily settle or float to be sepa-
rated from the water being treated.
(v) "Secondary treatment" means treatment beyond primary treatment
to remove colloidal and dissolved organic matter and further remove sus-
pended matter, usually by biological processes such as activated sludge
and biological filtration treatment.
( w) "Shift supervisor" means a certified operator who oversees and di-
rects the operadon or a phase of operation of a wastewater treatment plant
during a specific work period and who reports to a supervisor or a chief
plant operator.
(x) "Supervisor" means a certified operator who oversees and directs
the operadon of a wastewater treatment plant, who inspects the perform-
ance of other operators of a wastewater treatment plant, and who reports
to the chief plant operator.
(y) "Terdary treatment" (advanced waste treatment) means treatment
beyond secondary treatment, which may include filtradon, coagulation
and nutrient removal, but excluding disinfecdon.
(z) "Wastewater treatment plant" means either of the following:
( 1 ) Any facility owned by a state, local, or federal agency and used in
the treatment or reclamation of sewage and industrial wastes.
(2) Any privately-owned facility used in the treatment or reclamation
of sewage and industrial wastes, and regulated by the Public Utilities
Commission pursuant to Secdons 2 1 6 and 230.6 of, and Chapter 4 ( com-
mencing with Section 701) of Part 1 of Division 1, of the Public Udlides
Code.
(aa) "Water recycling treatment plant" means a treatment plant that re-
ceives and further treats secondary and/or tertiary effluent from a waste-
water treatment plant.
NOTE: Authority cited: Section 1058, Water Code. Reference: Chapter 9 (com-
mencing with Section 13625), Division 7. Water Code.
History
1. Amendment of subsections (i) and (m) filed 5-28-86; effective thirtieth day
thereafter (Register 86, No. 26).
2. Amendment filed 6-24-92; operative 6-24-92 (Register 92, No. 26).
3. New subsections (i) and (j) and subsection redesignation filed 7-28-94; opera-
dve 8-29-94 (Register 94, No. 30).
4. Amendment of subsections (a), (b), (f), (g), (m), (x), and (y )(2) and new subsec-
tion (z) filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
Page 158.19
Register 2007, No. 8; 2-23-2007
§3675
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
5. Change without regulatory effect amending subsection (c), adopting new sub-
section (n) and reiettering subsections filed 2-2()-2()()7 pursuant to section 100,
title 1 , California Code of Regulations (Register 2007, No. 8).
Article 2. Classification of Wastewater
Treatment Plants and Agency
Reporting Requirements
§ 3675. Classification of Wastewater and Water Recycling
Treatment Plants.
(a) The division shall classify all wastewater treatment plants, includ-
ing water recycling treatment plants, according to the following criteria:
Class Treatment Process Desii-n Flow (in million galhms
per (lav)
I Pond All
Primary 1 .0 or less
II Primary Greater than 1.0 through 5.0
Biofiltration 1 .0 or less
Extended Aeration .... All
III Primary Greater than 5.0 through 20.0
Biofiltration Greater than 1.0 through 10.0
Activated Sludge 5.0 or less
Tertiary 1 .0 or less
IV Primary Greater than 20.0
Biofiltration Greater than 10.0 through 30.0
Activated Sludge Greater than 5.0 through 20.0
Tertiary Greater than 1.0 through 10.0
V Biofiltration Greater than 30.0
Activated Sludge Greater than 20.0
Tertiary Greater than 10.0
(b) Plants may be classified in a group different than indicated in this
section if:
( 1 ) they have characteristics which make operation more difficult than
the operation of other similar plants of the same flow range; or,
(2) the conditions of flow or the use of the receiving waters require an
unusually high degree of plant operational control; or,
(3) they use an approved method of wastewater treatment which is not
included in this section.
NOTE: Authority cited: Sections 1058 and 13626, Water Code. Reference: Section
13626, Water Code.
History
1. Amendment of article heading and section filed 6-24-92; operative 6-24-92
pursuant to Government Code section 1 1346.2(d) (Register 92, No. 26).
2. Editorial correction of subsection (b)(2) (Register 98, No. 13).
3. Amendment of .section heading and subsections (a) and (b)(1) filed 3-27-98;
operative 4-26-98 (Register 98, No. 13).
§ 3676. Reporting Requirements by Agencies to the
Division.
(a) Within 30 calendar days after a plant begins operating, each agency
shall submit to the division a description of the plant's treatment pro-
cesses, a design flow of the plant, an organization chart, and job descrip-
tions and duty rosters for plant personnel.
(b) Each agency shall notify the division in writing within 30 calendar
days of a change in the employment of the person designated as chief
plant operator and any change in the reportable items in subsection (a)
above which may affect the classification of the wastewater treatment
plant.
(c) Each agency shall notify the division in writing within 30 calendar
days of any final disciplinary action resulting in suspension, demotion,
or discharge of a cerfified operator or operator-in-training if the disci-
plinary action is the result of the operator' s commission of any of the acts
which are grounds for discipline listed in Section 3710. The notice shall
identify the name of the operator or operator-in-training, the specific
violations and the disciplinary action taken.
(d) Reports regarding final disciplinary action received from agencies
shall be retained in state board files for a period of three years unless the
state board takes disciplinary action. If the state board takes disciplinary
action, reports submitted by agencies shall remain in state beard files for
ten years.
NOTK: Authority cited: Sections 1058 and 13626. Water Code. Reference: Section
13626. Water Code.
History
1 . Editorial correction renumbering section 2456 of chapter 3 to section 3676 filed
3-25-82; designated effective 1-6-82 pursuant to Government Code section
1 1.346.2(d) (Register 82, No. 13).
2. Repealer and new section filed 7-26-82; effective thirtieth day thereafter (Reg-
ister 82, No. 31).
3. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No.
26).
4. Amendment of section heading and section filed 6-24-92; operative 6-24-92
pursuant to Government Code secUon 1 1346.2(d) (Register 92, Mo. 26).
Article 3. Grades of Operator
Certification for the Operation of Wastewater
Treatment Plants
§ 3680. Grades of Operator Certification.
(a) Chief Plant Operators - For all plant classes, each chief plant opera-
tor shall possess a valid operator certificate of a grade at least equivalent
to the class of plant operated.
(b) Supervisors and Shift Supervisors -
(1) In Class II, III, and IV plants, supervisors and shift supervisors
shall possess valid operator certificates no more than one grade lower
than the class of plant operated.
(2) In Class V plants, shift supervisors shall possess at least valid
Grade III certificates and supervisors shall possess at least Grade IV cer-
tificates.
(c) Operators - Each operator shall possess at least a valid (}rade I cer-
tificate or a valid operator-in-training certificate. In Class IV and V
plants, 50 percent of the operators shall possess at least valid Grade II cer-
tificates or valid operator-in-training certificates at the Grade II or high-
er level.
Note: Authority cited: Section 1058. Water Code. Reference: Section 13627,
Water Code.
History
1 . Editorial correction renumbering section 2460 of chapter 3 to section 3680 filed
3-25-82; designated effective 1-6-82 pursuant to Government C!ode section
11346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82, No.
31).
3. Repealer of Article 3 and section, and new Article 3 and section filed 6-24-92;
operative 6-24-92 pursuant to Government Code section 1 1346.2(d) (Register
92, No. 26).
4. Amendment of subsections (b)-(c) filed 3-27-98; operative 4-26-98 (Register
98, No. 13).
Article 4. Minimum Qualifications
§ 3683. Education and Experience Requirements.
(a) No person shall be issued a certificate unless that person passes a
written examinaUon specified by these regulations and meets the educa-
tion and experience requirements prescribed by this article.
(b) Persons may apply to take an operator certification examinaUon if:
( 1 ) they have completed the education necessary for the certificate
prior to the final filing date for the examination, in accordance with the
provisions of subsection (c) of this section; and,
(2) there is sufficient time to gain the experience necessary to qualify
for the certificate for which they are applying within four yeiirs of June
30 or December 31 (whichever is sooner) following an examination for
Grades II, III, IV, and V and within two years of June 30 or December
3 1 (whichever is sooner) following an examination for Grade I.
Page 158.20
Register 2(X)7, No. 8; 2-23-2(X)7
Title 23
State Water Resources Control Board
§3685
(c) Eligibility for certification shall be based on the following qualifi-
cations for each grade of wastewater treatment plant operator. Educa-
tional points shall be credited pursuant to the provisions of Section 3685.
(1) Grade I:
Education: Six educational points; AND,
Experience: One year of experience performing the functions of a
wastewater treatment plant operator.
(2) Grade II:
(A) Education: Graduation from high school or equivalent as specified
in Secfion 3686 and six educational points; AND,
Experience: Two years of experience performing the functions of a
wastewater treatment plant operator; OR,
(B) Experience: One and one-half years of experience performing the
functions of a wastewater treatment plant operator while certified as a
Grade I operator.
(3) Grade III:
(A) Education: An associate degree or completion of 60 semesterunits
at a college or university, either of which includes 15 semester units of
basic science courses; AND.
Experience: Two years of experience performing the functions of a
wastewater treatment plant operator; OR,
(B) Educafion: Graduation from high school or equivalent as specified
in Section 3686 and 16 educational points; AND,
Experience: Fours years of experience performing the functions of a
wastewater treatment plant operator; OR,
(C) Experience: Three years of experience performing the functions
of a wastewater treatment plant operator while certified as a Grade II op-
erator.
(4) Grade IV:
(A) Education: A bachelor's degree with a major related to wastewater
treatment and which includes a minimum of 30 semester units of basic
science courses; AND,
Experience: Two years of experience performing the functions of a
wastewater treatment plant operator; OR,
(B) Education: An associate degree or completion of 60 semesterunits
at a college or university, either of which includes 15 semester units of
basic science courses; AND,
Experience: Fours years of experience performing the functions of a
wastewater treatment plant operator; OR,
(C) Educafion: Graduafion from high school or equivalent as specified
in Secfion 3686 and 32 educational points; AND,
Experience: Six years of experience performing the functions of a
wastewater treatment plant operator; OR,
(D) Experience: Fours years of experience performing the functions
of a wastewater treatment plant operator while cerfified as a Grade III op-
erator.
(5) Grade V:
(A) Credential: A valid license as a civil or chemical engineer issued
by the Califonua Department of Consumer Affairs, Board of Registra-
fion for Professional Engineers and Land Surveyors; AND,
Experience: Four years of experience performing the funcfions of a
wastewater treatment plant operator; OR,
(B) Educafion: A bachelor's degree with a major related to wastewater
treatment and which includes a minimum of 30 semester units of basic
science courses; AND,
Experience: Five years of experience performing the funcfions of a
wastewater treatment plant operator; OR,
(C) Educafion: An associate degree or complefion of 60 semesterunits
at a college or university, either of which includes 15 semester units of
basic science courses; AND,
Experience: Six years of experience performing the funcfions of a
wastewater treatment plant operator; OR,
(D) Education: Graduafion from high school or equivalent as specified
in Section 3686 and 48 educafional points; AND,
Experience: Ten years of experience performing the functions of a
wastewater treatment plant operator; OR,
(E) Experience: Six years of experience performing the functions of
a wastewater treatment plant operator while cerfified as a Grade IV oper-
ator.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627,
Water Code.
History
1 . New article 4 and section filed 6-24-92; operative 6-24-92 pursuant to Govern-
menl Code section 1 1346.2(d) (Register 92, No. 26).
2. Amendment of subsection (b), designation and amendment of sub.section (h)( 1 )
and designation of subsection (b)(2) filed 7-28-94; operative 8-29-94 (Regis-
ter 94, No. 30).
3. Amendment of subsections (b)(1), (c)(1), (c)(4)(A)-(C). and (c)(.S)(B) filed
3-27-98; operative 4-26-98 (Register 98, No. 13).
§ 3684. Experience Credits.
(a) Applicants may be credited with one year of experience if they
have had two or more years of full-time experience in the operation of
a water treatment plant regulated by the California Department of Health
Services or by a government agency in another state and while in posses-
sion of a valid water treatment plant operator certificate, if:
(1) the water treatment plant where the experience was gained uses
two or more of the following processes: coagulafion, sedimentafion, aer-
afion, filtrafion, oxidation, or disinfection; and,
(2) at the time of their application for certification, they have had one
year of full-fime experience in the operafion of a wastewater treatment
plant.
(b) Applicants, who have one year of expereince in the operation of a
wastewater treatment plant may subsfitute 16 educafional points for one
year of experience. Those educafional points used to substitute for expe-
rience at one grade may not be used again to substitute for experience at
another grade. The subsfitution may not be made by applicants qualifying
under the provisions of Sections 3683(c)(1) and 3683(c)(4)(A).
Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Section
13625, Water Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 26).
2. Amendment of subsection (b) filed 3-27-98; operative 4-26-98 (Register 98,
No. 13).
§ 3685. Educational Points.
(a) Pursuant to the provisions of this article, applicants may be re-
quired to obtain educafional points to qualify for certificafion. Educa-
fional points may be earned as follows:
( 1 ) One completed three-unit semester course which is direcfiy related
to wastewater treatment and which is part of the curriculum of an accred-
ited college or university is equal to eight educafional points. Completed
courses which result in more or less than three units or which are quarter
units rather than semester units will be credited with educational points
on a proportional basis.
(2) All other courses will be assigned educafional points at the rate of
one educafional point per 10 hours of completed classroom instruction.
Subjects which are direcUy related to wastewater treatment shall be as-
signed full credit for educafional points. Subjects which are indirectly re-
lated shall be given one half credit.
(3) One Continuing Educafion Unit which is directly related to waste-
water treatment is equal to one educational point.
(b) Applicants may not subsfitute experience for educafional points.
Note: Authority cited: Sections 1058 and 13627, Water Code. Reference: Section
13625, Water Code.
History
1 . Editorial correction renumbenng section 2465 of chapter 3 to section 3685 filed
3-25-82; designated effective 1-6-82 pursuant to Government Code section
1 1346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82. No.
31).
3. Amendment of subsection (a), relettering of former subsection (d) to subsection
(e) and new subsection (d) filed 5-28-86; effective thirtieth day thereaher ( Reg-
ister 86, No. 26).
4. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Gov-
ernment Code section 11346.2(d) (Register 92, No. 26).
Page 158.21
Register 2007, No. 8; 2-23-2007
§3686
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 3686. High School Equivalence.
High school equivalence may be obtained by substituting six educa-
tional points for each uncompleted year of high school through grade 12
or by passing an approved General Educational Development test, or by
obtaining a Certificate of Proficiency issued by the State Board of Educa-
tion in accordance with Section 48412 of the Education Code.
NOTE: Authority cited: Sections 1058 and 13627,WaterCode. Reference: Section
13627, Water Code.
History
1 . Editorial correction renumbering section 2467 of chapter 3 to section 3686 filed
3-25-82; desisnated effective 1-6-82 pursuant to Government Code section
1 1346,2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Register 82, No.
31).
3. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No.
26).
4. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 92. No. 26).
§ 3687. Fees.
NOTE; Authority cited: Secfions 1058 and 1 3628, Water Code. Reference: Section
13627, Water Code.
History
1 . Editorial correction renumbering section 2468 of chapter 3 to section 3687 filed
3-25-82; designated effecfive 1-6-82 pursuant to Government Code secdon
1 1346.2(d) (Register 82, No. 13).
2. Repealer and new section filed 7-26-82; effective thirtieth day thereafter (Reg-
ister 82, No. 31).
3. Amendment of subsections (b), (c) and (e) filed 5-28-86; effecfive thirtieth day
thereafter (Register 86, No. 26).
4. Repealer filed 5-21-92; operative 5-21-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 21).
§ 3688. Issuance and Renewal of Certificates.
NOTE: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Secfion
13628, Water Code; and Section 15376, Government Code.
History
1. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No.
26).
2. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 26).
§ 3689. Posting of Certificate.
NOTE: Authority cited: Secfion 1058, WaterCode. Reference: Sections 13627 and
13628, WaterCode.
History
1 . Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 26).
§ 3690. Reciprocity with Other States.
NOTE: Authority cited: Secfion 1058, WaterCode. Reference: Sections 13627 and
13628, WaterCode.
History
1. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 26).
§ 3691. Certificate Revocation.
NOTE: Authority cited: Sections 1058 and 13627, WaterCode. Reference: Secfion
13627, Water Code.
History
1 . Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 26).
§ 3692. Protests and Appeals.
NOTE; Authority cited: Section 1058, WaterCode. Reference: Secfions 13627 and
13628, WaterCode.
History
1 . Editorial correction renumbering Section 2474 of chapter 3 to section 3692 filed
3-25-82; designated effecfive 1-6-82 pursuant to Government Code section
11346.2(d) (Register 82, No. 13).
2. Repealer and new section filed 7-26-82; effective thirtieth day thereafter (Reg-
ister 82. No. 31).
3. Amendment filed 5-28-86; effecfive thirtieth day thereafter (Register 86, No.
26).
4. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 26).
§ 3692.1 . Limitation on Time for Appeal.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 13627 and
13628, Water Code; and Section 15378, Government Code.
History
1. New section filed 7-26-82; effective thirtieth day thereafter (Resister 82, No.
31).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No.
26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 26).
§ 3692.2. Action by Division.
NOTE: Authority cited: Section 1058. WaterCode. Reference: Sections 13627 and
13628, WaterCode.
History
1. New section filed 7-26-82; effective thirtieth day thereafter (Reaister 82, No.
31).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No.
26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 26).
§ 3692.3. Petition for Review by State Board.
NOTE: Authority cited: Section 1058. Water Code. Reference: Sections 13627 and
13628, WaterCode.
History
1. New section filed 7-31-82; effective thirtieth day thereafter (Register 82, No.
31).
2. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 26).
§ 3692.4. Defective Petitions.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 13627 and
13628, WaterCode.
History
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82. No.
31).
2. Repealer filed 6-24-92; operafive 6-24-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 26).
§ 3692.5. Recommendation by Chief of the Division.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 13627 and
13628, WaterCode.
History
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No.
31).
2. Amendment filed 5-28-86; effective thirtieth day thereafter (Register 86, No.
26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 11346.2(d) (Register 92, No. 26).
§ 3692.6. Action by State Board.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 13627 and
13628, Water Code; and Section 15376, Government Code.
History
1. New section filed 7-26-82; effective thirtieth day thereafter (Register 82, No.
31).
2. Amendment of subsection (a) and new subsection (d) filed 5-28-86; effective
thirtieth day thereafter (Register 86, No. 26).
3. Repealer filed 6-24-92; operative 6-24-92 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 92, No. 26).
Article 5. Examination and Certification of
Wastewater Treatment Plant Operators
§ 3700. Application for Examination.
(a) Content - An application for examination shall contair but not be
limited to the following information:
(1) the applicant's full name, mailing address, work telephone num-
ber, and date of birth;
(2) information regarding former employment, current Oj)erator sta-
tus, other operator certificates held in California or other states, engineer-
ing registrations held, and education and experience gained;
(3) if employed as an operator, the original signature of the chief plant
operator, verifying the applicant's experience as an operator;
Page 158.22
Register 20C7, No. 8; 2-23-2007
Title 23
State Water Resources Control Board
§ 3701
(4) the applicant's original signature;
(5) copies of college transcripts, grade cards, or certificates of comple-
tion for courses related to wastewater treatment to verify completion of
education requirements;
(6) any additional information, evidence, statements, or documents to
support the application for examination as requested by the division; and.
(7) the application fee and examination fee as prescribed by Article 8.
(b) Submittal - Applications for examination shall be postmarked by
the final filing date as specified in this subsection. Applications post-
marked after the final filing date shall be held over and processed for the
next scheduled examination.
Date of Examination Final Filing Date
April 4. 1998 February 1, 1998
October 3. 1998 August 1. 1998
April 10. 1999 February 1. 1999
October 2, 1999 August 1, 1999
April 1 . 2000 February 1 . 2000
October 7. 2000 August 1. 2000
April 7, 200 1 February 1 , 200 1
October 6. 200 1 August 1 . 200 1
April 6. 2002 February I, 1002
October 5, 2002 August 1, 2002
April 5, 2003 February 1. 2003
October 4, 2003 August 1 . 2003
April 3, 2004 February 1, 2004
October 2, 2004 August 1, 2004
(c) Division review - The division shall review applications and sup-
porting documents to determine eligibility for examination.
Unless otherwise specified by this chapter, division evaluation of ex-
perience gained in California will be based on work performed while
employed in a position which requires operator certification in Califor-
nia. Evaluation of experience gained outside California will be based on
work performed while employed in a position comparable to one which
requires operator certification in California. Division evaluation of expe-
rience will be based on the actual work performed by the applicant with-
out respect to job titles assigned by the employing agencies.
(d) Notice - The division shall notify applicants in writing within 30
calendar days of receipt of an application whether it is complete or defi-
cient. If there is a deficiency, the division shall identify the deficiency and
inform the applicant in writing of the specific information required.
(e) Deficient applications - Applications which do not contain proof
of completion of education requirements and the correct application and
examination fees shall be considered deficient applications. Deficient
applications shall not be processed for the current examination. The
applicant shall be required to reapply to take a subsequent examination.
(0 Processing times - the division's median, minimum, and maximum
processing times for applications for examination between September
1989 and September 1991 were:
Median - 30 days
Minimum - 3 days
Maximum- 112 days
NOTE: Authority cited: Sections 1058 and 13628, Water Code. Reference: Sec-
tions 13627. 13628 and 13629. Water Code; and Section 15376. Government
Code.
History
1. Repealer and new article 5 and section filed 6-24-92; operative 6-24-92 pur-
suant to Government Code section 1 1346.2(d) (Register 92. No. 26). For prior
history, see Register 86. No. 26.
2. Amendment of subsections (a)(5) and (e) filed 7-28-94; operative 8-29-94
(Register94, No. 30).
3. Kditorial correction of History (Register 94. No. 30).
4. Amendment of subsections (b), (c), (e), and (f) filed 3-27-98; operative
4-26^98 (Register 98. No. 13).
§3701. Examinations.
(a) Written examinations for each wastewater treatment plant operator
grade shall contain questions to determine applicants' knowledge of
wastewater treatment plant operation. Mathematical problems related to
process control and evaluation will be included. Each higher grade ex-
amination will require progressively more detailed knowledge of the
subject matter.
(b) Content by grade
( 1 ) Grade I examinations shall contain questions regarding knowledge
of basic safety practices and hazards related to the operation of wastewa-
ter treatment plants; wastewater constituents including simple and rou-
tine sampling and analysis procedures: procedures involved in operating
and maintaining preliminary and primary treatment facilities including
sludge digestion and disinfection; specifics regarding the operation of
stabilization ponds; and state regulations regarding the classification of
wastewater treatment plants and operator certification.
(2) Grade II examinations shall contain questions regarding knowl-
edge of those components of the Grade I examination as prescribed in ( 1 )
above; commonly used processes for preliminary, primary, and second-
ary treatment including disinfection, sludge handling, and digestion; rou-
tine sampling and analysis procedures for evaluation of process and over-
all plant performance; and basic supervision responsibilities.
(3) Grade III examinaUons shall contain questions regarding knowl-
edge of those components of the Grade I and II examinations as pre-
scribed in (1) and (2) above; limitations, controls, and performance cal-
culations for primary and secondary treatment and sludge-handling
processes; basic principles of tertiary treatment processes; state regula-
tions regarding water recycling; and public health issues.
(4) Grade IV examinations shall contain questions regarding knowl-
edge of those components of the Grade I. II. and III examinations as pre-
scribed in (1), (2), and (3) above; limitations, controls, and performance
calculations for terfiary treatment processes; wastewater treatment re-
quirements and practices for water reclamation and reuse; supervision
and management responsibilities including energy management, safety
program development and control, and operator training and budget de-
velopment and control.
(5) Grade V examinations shall contain quesfions regarding knowl-
edge of those components of the Grades I. II. Ill, and IV examinations
as prescribed in (1), (2). (3), and (4) above.
(c) Frequency - A minimum of two examinations shall be given each
year.
(d) Dishonest conduct - An applicant who engages in dishonest con-
duct during an examination shall have his or her examination materials
confiscated, shall not have the examination graded, and shall be denied
the opportunity to take the next scheduled examination. The application
and examination fees paid by the applicant shall not be refunded. The
applicant also may be subject to administrative sanctions pursuant to Ar-
ticle 7 and Section 13627 of the Water Code.
(e) Confidentiality of examination questions -Examination questions
are confidential. Any person who copies questions or removes all or part
of any examination from the examination room or who conveys or ex-
poses all or part of any examination for an unauthorized use may be de-
nied certification pursuant to the provisions of Article 7. The applicant
also may be subject to administrative sanctions pursuant to Article 7 and
Section 13627 of the Water Code.
(0 Notificadon of results - Within 90 calendar days after an examina-
tion, the division shall notify applicants in writing whether they have
passed or failed the examination.
(1) If an applicant fails the examination, he or she may be eligible to
take a subsequent examination upon request and upon submitting an
application and examination fee prescribed by Article 8. The request for
re-examination must be postmarked by the final filing date set forth in
Section 3700.
(2) An applicant who passes the examination and who had completed
the education and experience requirements before taking the examina-
tion shall be instructed in the notice of examination results to remit the
applicable certification fee. Within 30 calendar days of receiving the cer-
tification fee, the division shall issue the operator certificate.
Page 158.23
Register 2007, No. 8; 2-23-2007
§3702
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(3) An applicant who passes the examination before completing the
experience requirements shall apply for certification upon completing
the requirements in accordance with the provisions of Section 3702.
(g) Expiration of examination results - Examination results are valid
for four years from June 30 or December 3 1 following the examination
(whichever date is sooner).
NOTC: Authority cited: Sections 1058 and 13628, Water Code, Reference: Sec-
tions 13627. 13628 and 13629, Water Code; and Section 15376, Government
Code.
History
1 . Editorial correction renumbering section 248 1 of chapter 3 to section 3701 filed
3-25-82; designated effective 1-6-82 pursuant to Government Code section
1 1346.2(d) (Register 82, No. 13).
2. Amendment filed 7-26-82; effective thirtieth day thereafter (Resister 82, No.
31).
3. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 92, No. 26)
4. Amendment of subsection (b)(3) filed 3-27-98; operative 4-26-98 (Register
98, No. 13).
§ 3702. Application for Certification.
(a) If an applicant is qualified for certification at the time of the exami-
nation, and has documented such qualification in the application for ex-
amination, no application for certification is required. However, if an
applicant must gain experience after the final filing date for the examina-
tion before being eligible for certification, an application for certification
is required in accordance with the provisions of this section.
(b) An application for certification shall include but not be limited to:
(1) the applicant's full name, mailing address, work telephone num-
ber, and date of birth;
(2) all employment, education, and experience information not re-
ported on the application for examination, including current employment
and current operator status;
(3) the date when the applicant passed the examination;
(4) information regarding current employment and current operator
status;
(5) the applicant's original signature;
(6) if employed at a wastewater treatment plant, the chief plant opera-
tor's original signature; AND,
(7) the certification fee prescribed by Article 8.
NOTE: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Section
13628, Water Code; and Section 15376, Government Code.
History
1. Repealer and new section filed 6-24-92; operative 6-24-92 pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 92, No. 26).
2. Amendment of subsection (a) filed 7-28-94; operative 8-29-94 (Register 94,
No. 30).
3. Amendment of subsecdon (b)(6) filed 3-27-98; operafive 4-26-98 (Register
98, No. 13).
NOTH: Authority cited : Sections 1 058 and 1 3628. Water Code . Reference: Section
13628, WaterCode and; Section 15376, Government Code.
History
1 . New section filed 6-24-92; operative 6-24—92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
2. Amendment of subsections (a)(2), (4) and (5). new subsection (t) and sub.sec-
tion redesignation filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§ 3702.2. Application for Certificate Renewal.
(a) Renewal dates - Except as specified in Subsection 37C9(d), opera-
tor certificates are renewable every two years. Certificates issued for
applications with a postmark between May 1 and October 3 1 shall have
a renewal date of June 30. Certificates issued for applications with a post-
mark between November 1 and April 30 shall have a renewa date of De-
cember 3 1 .
(b) Division notice - At least 60 calendar days prior to expiration of
an operator certificate, the division shall provide written notification of
the expiration date to the certificate holder at his or her address of record.
Failure to receive a notice of renewal does not relieve the cert ficate hold-
er from the responsibility of renewing a certificate on or before the expi-
ration date.
(c) Content - An application for renewal shall include, bui not be lim-
ited to:
(1) the applicant's name, mailing address, grade, certificate number,
and classification or title;
(2) if employed by a wastewater treatment plant as an operator, the
name, telephone number, and mailing address of the wastewater treat-
ment plant where employed and the name of the supervisor,
(3) the renewal fee prescribed by Article 8.
(d) Submittal - A certificate holder who wishes to renew i certificate
shall submit to the division a completed application as specified in sub-
section (c) of this section. The application shall be postmarked no later
than the expiration date on the certificate holder's renewal card.
(e) Division review - Within 15 calendar days of receipt of an applica-
tion for renewal, the division shall notify the certificate holder if the
application is deficient. If there is a deficiency, the division jhall inform
the certificate holder by telephone or letter of the specific information
necessary to complete the application for renewal. Deficiencies will not
prevent the Office of Operator Certification from issuing a lew certifi-
cate if the application and fee are postmarked by the e,xpira:ion date of
the certificate.
NOTE: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Section
13628, Water Code; and Section 15376, Government Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Gove:Timent Code
section 11 346.2(d) (Register 92, No. 26).
2. Amendment of section heading and subsections (c) and (e) filed 3-27-98; op-
erative 4-26-98 (Register 98, No. 13).
§ 3702.1 . Issuance of Certificates.
(a) Operator certificates issued by the division shall contain, but not
be limited to the following:
(1) The operator's name and grade;
(2) The certificate number;
(3) The issue date of the certificate;
(4) The State Water Board seal;
(5) The name, "State Water Resources Control Board"; and
(6) The signature of a board member or board member designee.
(b) Upon successful completion of the application and examination
process and within 30 calendar days of payment of the certification fee
prescribed by Article 8, the board shall issue an operator certificate or op-
erator-in-training certificate.
(c) The issue date of a certificate shall be the date of receipt of an appU-
cation for examination and certification which meets the requirements of
these regulations.
(d) The division may refuse to issue a certificate if it has determined
that the applicant has committed any act which is grounds for disciplinary
action as specified in section 3710.
§ 3702.3. Issuance of Renewal Certificate.
An operator certificate shall indicate the first expiration date of the cer-
tificate. Thereafter, a renewal certificate shall be issued in accordance
with the provisions of Section 3702.2 and this section.
(a) Within 30 calendar days of receipt of a completed application for
renewal, the division shall issue a renewal certificate or inform the appli-
cant of the reason the card will not be issued.
(b) The renewal certificate shall not be issued until any unpaid fees
have been paid.
(c) The division may refuse to renew a certificate if it has determined
that the applicant has operated a wastewater treatment plant while the op-
erator certificate was expired or at a grade for which the applicant was
not certified or that the applicant has committed any act which is grounds
for disciplinary action.
(d) A renewal certificate shall contain, but not be limited to the follow-
ing:
(1) The certificate holder's name and address;
(2) The certificate number and grade;
(3) The expiration date of the certificate.
Page 158.24
Register 2007, No. i; 2-23-2007
Title 23
State Water Resources Control Board
§ 3709
NOTb;: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Section
13628, WaterCode; and Section 15376, Government Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
2. Amendment of section heading, first paragraph, and subsections (a), (b) and (d)
and new NoTt; filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§ 3702.4. Reinstatement.
(a) An expired operator certificate may be reinstated within one year
following the expiration of the certificate, provided the holder of the ex-
pired ceitificate applies for renewal and reinstatement as prescribed by
Subsection (b) of this section. A certificate which has been expired for
more than one year shall not be reinstated. If the applicant wishes to be-
come certified again, he or she must meet all requirements for an initial
operator certificate.
(b) The apphcation for reinstatement shall be considered complete
when it includes the renewal and reinstatement fees prescribed by Article
8 and all the information required to renew the certificate as prescribed
by Section 3702.2.
(c) The division may refuse to reinstate a certificate if it has determined
that the appHcant has operated a wastewater treatment plant while his or
her certificate was expired or at a grade for which he or she was not certi-
fied or has committed any act which is grounds for disciplinary action.
(d) The expiration date of a reinstated certificate shall remain the same
as if the certificate had not expired.
NOTE: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Section
13628, Water Code; and Section 15376, Government Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Govemment Code
section 1 1346.2(d) (Register 92, No. 26).
§ 3702.5. Replacement.
A certificate which has been lost, stolen, or destroyed may be replaced
by the division provided the operator or operator-in-training submits a
signed statement explaining the circumstances of the loss, theft or de-
struction of the certificate. A replacement fee prescribed by Article 8
must be submitted with the signed statement.
NOTE: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Section
13628, Water Code; and Section 15376, Govemment Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
§ 3703. Posting Certificates.
Certified operators and operators-in-training shall display their valid
certificates with renewal cards attached at the wastewater treatment plant
where employed.
NOTE; Authority cited: Section 1058, WaterCode. Reference: Sections 13627 and
13628, WaterCode.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Govemment Code
section 1 1346.2(d) (Register 92, No. 26).
§ 3704. Reciprocity with Other States.
(a) The division may issue Grades I and II operator certificates by reci-
procity in accordance with the procedures set forth in Article 5. No ex-
amination or examination fee will be required of persons who hold com-
parable certifications in other states, provided:
( 1 ) the experience and education requirements of that state are compa-
rable to the division's requirements;
(2) the applicant has passed a written examination within the preced-
ing four years in another state that is comparable to the examination given
by the division;
(3) reciprocal privileges are granted by the other state to operators cer-
tified by the division;
(4) the applicant completes an application for operator certification
and meets the minimum qualifications for certification in California; and,
(5) the applicant pays the application, certification, and reciprocity
fees prescribed by Article 8.
(b) The division may refuse to issue an operator's certificate by reci-
procity if it has determined that the applicant's certificate to operate a
wastewater treatment plant has been revoked or suspended in another
state, or if the applicant has been otherwise disciplined in another state
for any of the violations set forth in Section 3710.
Note: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and
13628. WaterCode.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
§ 3705. Advisory Committee.
NOTE: Authority cited: Sections 1058 and 13631, WaterCode. Reference: Chap-
ter 9 (commencing with Section 13625), Division 7, Water Code.
History
1 . Amendment and repositioning of article 6 heading and repealer of section filed
6-24-92; operative 6-24-92 pursuant to Govemment Code section 1 1346.2(d)
(Register 92, No. 26).
Article 6. Operators-in-Training
§ 3707. Employment of an Operator-in-Training.
An agency may employ a person to act in the capacity of any grade of
certified operator, provided the person is certified as an operator-in-
training, is under the direct supervision of a certified operator of the same
or higher grade, and is performing the duties of the grade of operator for
which the certificate was issued.
NOTE: Authority cited: Sections 1058 and 1 3627, WaterCode. Reference: Section
13635, WaterCode.
History
1. New Article 6 and section filed 6-24-92; operative 6-24-92 pursuant to Gov-
emment Code section 11346.2(d) (Register 92, No. 26).
§ 3708. Application for Operator-In-Training Examination
and Certification.
(a) Persons may apply for examination and operator-in- training certi-
fication in accordance with the procedures set forth in Article 5.
(b) Applicants for Grade I operator-in-training certification may, but
are not required to, pass the Grade I examination prior to issuance of the
Grade I operator-in-training certificate.
(c) Persons may apply for operator-in-training certification at the
Grades II, III, IV, and V levels if they:
(1) meet the minimum education requirements and could meet the
minimum experience requirements for the grade for which they are ap-
plying as prescribed in Article 4 within four years of June 30 or December
31 following the examination (whichever date is sooner); and.
(2) pass the examination at the grade for which they are applying; and,
(3) make application for examination and operator-in-training certifi-
cation in accordance with the procedures set forth in Sections 3700,
3701, and 3702 of Article 5; and,
(4) supply the name and telephone number of the supervising operator.
(d) Applications for operator-in-training certification at any grade
must be signed by the chief plant operator of the plant where the opera-
tor-in-training is to be employed.
NOTE; Authority cited: Sections 1058 and 13628, Water Code. Reference: Sec-
tions 13627-13629, Water Code; and Section 15376, Govemment Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Govemment Code
section 11346.2(d) (Register 92, No. 26).
§ 3709. Issuance, Renewal, and Replacement of
Operator-in-Training Certificates.
(a) Operator-in-training certificates shall be issued in the name of the
applicant to the mailing address of the employing wastewater treatment
plant. Operator-in-training certificates are valid only while the operator
is employed at the plant for which the certificate was issued. The expira-
tion date of the operator- in-training certificate shall not exceed the expi-
ration date of the applicant's examination results.
(b) Operator-in-training certificates issued by the division shall con-
tain but not be limited to the following:
Page 158.25
Register 2007, No. 8; 2-23-2007
§3710
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
( 1 ) The name and grade of the operator-in-training;
(2) The issue date of the certificate; and,
(3) The name of the wastewater treatment plant at which the operator-
in-training is to be employed.
(c) Operator-in-training certificates shall be issued, renewed, rein-
stated, and replaced in accordance with the provisions of Article 5 unless
other specified in this article.
(d) Operator-in-training certificates at the Grade 1 level are valid for
up to two years. If the Grade I operator passes the Grade I examination
before the expiration of the Grade I operator-in-training certificate, that
certificate may be renewed one time for two years. If the Grade I opera-
tor-in-training does not pass the Grade I examination before the expira-
tion of the Grade I operator-in-training certificate, the Grade I operator-
in-training certificate shall not be renewed. Operator-in- training certif-
icates at the Grades II, III, IV, and V levels are valid for up to two years
and may be renewed once pursuant to the provisions of Section 3702.2.
(e) A person certified as an operator-in-training at any grade must
complete the education and experience requirements and obtain an oper-
ator certificate at that grade or higher before being eligible to apply for
an operator-in-training certificate at a higher grade.
NOTE: Authority cited: Sections 1058 and 13627, Water Code. Reference: Section
13625, Water Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
Article 7. Prohibited Acts, Disciplinary
Action, and Appeal Process
§ 3710. Grounds for Discipline.
(a) A certified operator or operator-in-training may be subject to ad-
ministrative sancfions including reprimand or denial, suspension, proba-
fion, or revocation of a certificate pursuant to Secfion 1 3627 of the Water
Code for performing, or allowing or causing another to perform, any of
the following acts:
( 1 ) willfully or negligendy violafing, causing, or allowing violafion of
these regulations;
(2) without regard to intent or negligence, operating or allowing the
operation of a wastewater treatment plant by a person who is not cerfified
at the grade necessary for the position or whose certificate has expired;
(3) submitting false or misleading information on any document pro-
vided to the division including applications for examination, certifica-
tion, or renewal;
(4) engaging in dishonest conduct during an examination, or violating
confidenUality of examinafion quesuons;
(5) using fraud or decepfion in the course of employment as an opera-
tor;
(6) failing to use care or good judgment in the course of employment
as an operator or failing to apply knowledge or ability in the performance
of duties;
(7) willfully or negligently causing or violating or allowing the viola-
tion of appropriate waste discharge requirements as prescribed by Ardcle
4 of Chapter 4 of Division 7 of the Water Code, or the violafion of Secfion
402 of the Clean Water Act which contains the provisions of the Nafional
Pollutant Discharge Eliminafion System permit.
(b) A chief plant operator may be subject to disciplinary acfions speci-
fied in subsecfion (a) for willfully or negligenfiy failing to ensure that an
operator-in-training is direcfiy supervised as required by secfion 3707.
Note-. Authority cited; Sections 1058 and 13627, Water Code. Reference: Sec-
tions 185, 13260 and 13627, Water Code; and Title IV. 33 USC, Section 1342
(Clean Water AcO-
History
1 . New article 7 and section filed 6-24-92; operative 6-24-92 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 92, No. 26).
2. Redesignation of first paragraph and subsecfions (a)-(h) as subsections
(a)(l)-(7) and new subsection (b) filed 7-28-94; operative 8-29-94 (Register
94, No. 30).
3. Amendment of subsection (a) filed 3-27-98; operative 4-26-98 (Register 98,
No. 13).
§3711. Appeals.
Applicants or certificate holders may appeal discrefionary decisions
made by the Office of Operator Cerfification or Office of Enforcement
regarding denial of an applicafion, the results of an examination, or disci-
plinary action taken. Appeals must be in wrifing and postmarked within
30 calendar days of receipt of the Office of Operator Cerfification or Of-
fice of Enforcement decision. Appellants must include with their re-
quests, all documents and evidence to be considered by division staff in
its review of the appeal.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and
13628, Water Code,
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 26).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Change without regulatory effect amending section filed 2-20-2007 pursuant
to section 100, title 1, California Code of Reguladons (Register 2007, No. 8).
§ 3712. Action by Division.
After considerafion of an appeal and within 30 calendar da> s of receipt
of the appeal. Office of Operator Cerfification staff or Office of Enforce-
ment staff shall make a recommendation to the division chief. The divi-
sion chief shall review the evidence and the Office of Operator Cerfifica-
tion or Office of Enforcement recommendation and shell make a
determinafion within 30 calendar days of receipt of the recommendation.
The determinafion shall be in wrifing. labeled as the division chiefs de-
terminafion, and shall inform the appellant that the determinaiion is final
and conclusive unless the appellant pefitions the board for review in ac-
cordance with the provisions of Secfion 3713.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and
13628, Water Code.
History
1 . New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
secfion 11 346.2(d) (Register 92, No. 26).
2. Change without regulatory effect amending section filed 2-20-2007 pursuant
to secfion 100, title 1, Califomia Code of Regulations (Register 2i)07, No. 8).
§3713. Petition for Review by Board.
(a) An appellant who wishes to appeal the division chiefs determina-
fion may pefifion the board for a review. The petifion must be in writing
and postmarked no later than 30 calendar days after the date of receipt of
the determinafion by the appellant.
(b) A petition for review by the board shall contain:
( 1 ) the name and address of the appellant;
(2) the appellant's argument against the Officer of Operator Certifica-
tion or Office of Enforcement decision and the division chiefs determi-
nafion;
(3) the specific acfion which the appellant seeks from the board.
(c) The appellant may make a written request for a hearing ;^or the pur-
pose of presenfing evidence not considered by the division or for present-
ing oral arguments or both. Any request to present evidence not provided
to the division must include a statement as to why the evidence was not
presented to the division.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and
13628, Water Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
2. Change without regulatory effect amending subsection (b)(2) filed 2-20-2007
pursuant to section 1 00, title 1 , Cahfomia Code of Regulations (Re:gister 2007,
No. 8).
§ 3714. Defective Petitions.
Within 30 calendar days of receipt by the board of a pefifion which
does not comply with the provisions of Section 3713, the board shall
notify the appellant in writing in what respect the petition is defective and
that an amended petifion must be postmarked within 30 calendar days of
receipt of nofice of the deficiency. If a properly amended petifion is not
postmarked within 30 calendar days, the pefifion shall be dismissed un-
less the appellant can show good cause for an extension of time.
•
Page 158.26
Register 2007, No. 8. 2-23-2007
Title 23
State Water Resources Control Board
S3718
NOTH; Autliority cited: Section 1058. Water Code. Reference: Sections 13627 and
I3(i2S. Water Code.
History
1 . New section filed 6-24-92: operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
5} 371 5. Action by Board.
(a) After consideratit^n of the appellant's petition and the division
chiefs determination, the board shall:
( 1 ) refuse to consider the petition if it does not meet the requirements
of Sections 3713 and 3714; or,
( 2 ) deny the appellant' s petition upon a finding that the division chief s
determination was proper; or,
(3) set aside or modify the division chiefs determination; or,
(4) direct the division to take other appropriate action.
(b) Before taking final action, the board may, in its discretion, hold a
hearing for the purpose of oral argument or receipt of additional evidence
or both, or the board may provide for an informal meeting between the
appellant, division staff, and one or more members of the board and other
persons as the board deems suitable for the purpose of attempting to re-
solve the dispute between the appellant and the division.
(c) If a hearing is scheduled, the board shall mail a notice to the appel-
lant indicating the date, time, and place of the hearing and of the issues
to be considered. The hearing shall be conducted in a manner deemed
most suitable for securing all relevant evidence without unnecessary
delay.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 13627 and
13628, Water Code.
History
1. New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
§ 3716. Appeal of Division Processing Times.
(a) The Office of Operator Certification shall process applications for
examination and certification within the time limits prescribed by this
chapter. Persons whose applications for examination or certification
have not been processed within the time limits prescribed by these regu-
lations, may appeal to the board for a refund of fees in accordance with
the provisions of Section 37 1 1 . If the board finds that the time limits have
not been met, and the Office of Operator Certification has not shown
good cause why the time limits have not been met, the board shall direct
the Office of Operator Certification to reimburse all fees paid by the ap-
pellant in connection with the pending application for examination or
certification.
(b) The Office of Operator Certificafion shall have good cause for ex-
ceeding the time limits when:
(1) the number of applications to be processed exceeds by 15 percent
the number processed in the same calendar quarter of the preceding year.
(2) the Office of Operator Certificafion must rely on another public or
private entity for all or part of the processing and delay is caused by the
other entity.
(3) the delay is caused by a delay or omission of the applicant.
NOTE: Authority cited: Section 1058, WaterCode. Reference: Sections 13627 and
13628, Water Code; and Sections 15374-15378, Government Code.
History
1 . New section filed 6-24-92; operative 6-24-92 pursuant to Government Code
section 1 1346.2(d) (Register 92, No. 26).
Article 8. Fees
§ 371 7. Operator and Operator-In-Training Fees.
Except as provided by Secfion 3716, applicafion fees are nonrefund-
able.
(a) Application fee for certification as an operator-in-training:
Grade I: $ 95
Grade II; 130
Grade III: 170
Grade IV: 190
Grade V: 190
$40
50
70
80
80
$40
50
125
170
170
$95
130
170
190
190
(b) Application fee for an examination:
Grade I:
Grade II:
Grade III:
Grade IV:
Grade V:
(c) ExaminaUon fees are:
Grade I:
Grade II:
Grade III:
Grade IV:
Grade V:
(d) Operator cerufication fees are:
Grade I:
Grade II:
Grade III:
Grade IV:
Grade V:
(e) Operator and operator-in-training certification renewal fees are:
Grade I: $ 95
Grade II: 130
Grade 111: 170
Grade IV: 190
Grade V: 190
(0 Reinstatement fee — The reinstatement fee for all grades is $.50.
(g) Replacement fee — The fee for replacing a lost, damaged, or de-
stroyed certificate is $20.
(h) Reciprocal fee — In addition to the application and certification
fees, applicants for reciprocal certification shall pay a fee of $50 to cover
the cost of verifying and evaluafing out-of-state experience and review-
ing out-of-state examinations.
NOTE: Authority cited: Sections 1058 and 13628, WaterCode. Reference: Sec-
tions 13627 and 13628, Water Code.
History
1 . New article 8 and section filed 5-2 1-92; operative 5-2 1-92 pursuant to Govern-
ment Code secfion 11346.2(d) (Register 92, No. 21).
2. Repealer of first paragraph and subsection (a), new subsection (a), amendment
of subsection (b), redesignation of subsection (c), redesignation and amend-
ment of subsecfions (d)-(e), and redesignation of subsections (e)-(g) as subsec-
tions (f)-(h) filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
3. New first paragraph and amendment of subsections (b) and (g) filed 3-27 98;
operafive 4-26-98 (Register 98, No. 13)
4. Amendment of subsections (a)-(e) filed 3-1 1-2003 as an emergency; operative
3-1 1-2003 (Register 2003, No. 1 1 ). A Certificate of Compliance must be trans-
mitted to OAL by 7-9-2003 or emergency language will be repealed by opera-
tion of law on the following day.
5. Reinstatement of section as it existed prior to 3-1 1-2003 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Reeister2003, No.
34).
6. Amendment of subsecfions (a)-(e) filed 8-21-2003 as an emergency; operative
8-21-2003 (Register 2003, No. 34). A Certificate of Compliance must be trans-
mitted to OAL by 12-19-2003 or emergency language will be repealed by op-
eration of law on the following day.
7. Certificate of Compliance as to 8-21-2003 order, including amendment of
Note, transmitted to OAL 12-17-2003 and filed 1-26-2004 (Register 2004,
No. 5).
Article 9. Advisory Committee
§ 3718. Advisory Committee Membership and
Responsibilities.
(a) The advisory committee appointed pursuant to Section 13631 of
the Water Code shall consist of nine members. The members of the com-
mittee in office on January 1 , 1 992 shall confinue as members of the advi-
sory committee, and their terms shall expire as follows:
1 ) On June 30, 1 992, one representative from a statewide organization
represenfing local sanitation agencies: one representative from a state-
wide organizafion representing wastewater treatment plant operators and
supervisors; one representafive from a university or state college; and,
one representative from an organized labor union which represents
wastewater treatment plant operators.
2) On June 30, 1994, the remaining five members whose terms are
scheduled to expire on June 30, 1993.
(b) Thereafter, all members shall serve for a period of four years at
which time they shall be eligible for reappointment.
Page 158.27
Register 2007, No. 8; 2-2.V-2()07
§ 3719
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(c) The committee shall meet when necessary to review all proposed
regulations and make recommendations to the board prior to adoption of
any regulations or changes therein and approve any course for operator
training.
NOTE: Authority cited: Sections 1058 and 13631, Water Code. Reference: Sec-
tions 1.3631. 13632 and 13633, Water Code.
History
1 . New Article 9 and section filed 6-24-92; operative 6-24-92 pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 92, No. 26).
Article 1 0. Wastewater Treatment Plant
Contract Operators
§3719. Registration Requirement.
No person or entity shall enter a contract to operate a wastewater treat-
ment plant unless that person or entity has been registered by the division
as a contract operator. The registration authorizes the contract operator
to operate one or more wastewater treatment plants. All wastewater treat-
ment plant operators employed by the contract operator must be certified
according to the provisions of this chapter.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1 . New article 10 and section filed 7-28-94; operative 8-29-94 (Reeister 94, No.
30).
§ 371 9.1 0. Term of Registration.
Contract operator registrations shall be valid for a period of one year
from the date of issue.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§ 371 9.1 1 . Application for Registration.
(a) Application Content - An application for registration as a contract
operator shall include but not be limited to:
( 1 ) the name, street address, and telephone number of the person or en-
tity contracting to operate the wastewater treatment plant(s);
(2) the name, address, and telephone number, if known, of the waste-
water treatment plant(s) to be operated and the duration of each contract;
(3) the name and grade of each wastewater treatment plant operator
employed at the plant(s);
(4) the name and grade of the chief plant operator for each wastewater
treatment plant to be operated;
(5) the original signature of the person authorized by the contract oper-
ator to enter the contract;
(6) the registration fee as prescribed by section 3719.19.
(b) Application submittal - For persons operating wastewater treat-
ment plants on or before the effective date of these regulations, applica-
tions for registration shall be postmarked within 60 calendar days after
the effective date of the regulations. If a contract to operate a wastewater
treatment plant is entered into after the effective date of these regulations
and the contract operator is not already registered, the application for reg-
istration shall be submitted and the registration issued before contract op-
erations begin.
(c) Division review of application and notice to applicant - The divi-
sion shall review applications for registration and shall notify applicants
in writing within 30 calendar days of receipt whether the application is
deficient. If there is a deficiency, the division shall inform the applicant
by telephone or letter of the specific information required to complete the
application.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Editorial correction of subsection (a)(6) (Register 98, No. 13).
3. Amendment of subsections (b) and (c) filed 3-27-98; operative 4-26-98 (Reg-
ister 98, No. 13).
§ 3719.12. Issuance/Content of Certificate of Registration.
(a) Content of certificate of registration -The certificate ol registration
issued by the division shall be in the form of a wall certificate and shall
contain, but not be limited to:
( 1) the applicant's name, business address, and registration number;
(2) the issue and expiration date of the registration;
(3) the State Water Board seal; AND,
(4) the signature of a State Water Board member or memb.3r designee.
(b) Issuance of certificate of registration - Unless otherwise specified
in subsection (c), within 30 calendar days of receipt of a complete and
approved application for registration, the division shall issue a contract
operator certificate of registration. The division shall also issue one wall
certificate to the contract operator for each wastewater treatment plan op-
erated. The cerfificate shall include the name of the wastewater treatment
plant to be operated in addition to the items in subsection (a)(1) through
(4) above. Certificates are not transferrable.
(c) Refusal to issue a certificate of registration - The division may re-
fuse to issue a certificate of registration if it has determined that the appli-
cant has committed any act which is grounds for disciplinai"y action as
specified in section 3710 of Article 7 or section 3719.17 of this article.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§3719.13. Renewal of Registration.
(a) Division notice of renewal date - At least 60 calendar days prior
to the expiration of a contract operator registration, the divisicn shall pro-
vide written notification of the expiration date to the registration holder
at his or her address of record. Failure to receive a notice of renewal does
not relieve the registration holder from the responsibility of renewing a
registration on or before the expiration date.
(b) Content of renewal application - An application for nmewal of a
contract operator registration shall include, but not be limited to:
(1) the name, business address, telephone number, and "egistration
number of the person or entity contracting to operate the wastewater
treatment plant(s);
(2) the name, address, and telephone number of all wastewater treat-
ment plants operated and the duration of each contract;
(3) the name and grade of each wastewater treatment plant operator
employed at the plant(s);
(4) the name and grade of the chief plant operator for each wastewater
treatment plant to be operated;
(5) the original signature of the person authorized by the co:itract oper-
ator to enter the contract; AND.
(6) the renewal fee as prescribed by section 3719.19.
(c) Renewal application submittal - A registration holder who wishes
to renew a registration shall submit to the division a completed applica-
tion as specified in subsection (b). The application for renev/al shall be
postmarked no later than 30 calendar days before the expiradon of the
registration. If the application for renewal is postmarked later .han 30 cal-
endar days before expiration, the registration holder shall pay a late fee
in an amount prescribed by section 3719.19.
(d) Division review of renewal application and notice to applicant -
The division shall review the renewal application and shall noi.ify the reg-
istration holder within 30 calendar days whether the application is defi-
cient. If there is a deficiency, the division shall inform the :'egistraUon
holder by telephone or letter of the specific information necessary to
complete the application for renewal.
NOTE; Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
Page 158.28
Register 20C7, No. 8; 2-23-2007
Title 23
State Water Resources Control Board
§3720
•
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§ 3719.14. Issuance/Content of Renewed Certification of
Registration.
(a) Content of renewed certificate of registration - A renewed contract
operator registration shall be in the form of a wall certificate and shall
contain, but not be limited to:
(1) the registration holder's name, business address, and registration
number;
(2) the original issue date and next expiration date of the registration;
(3) the State Water Board seal;
(4) the signature of a State Water Board member or member designee.
(b) Issuance of renewed certificate of registration -Within 30 calendar
days of the receipt of a complete and approved renewal application, the
division shall issue a certificate of registration or inform the applicant of
the reason the certificate will not be issued. The division shall also issue
one wail certificate to the contract operator for each wastewater treatment
plant operated. The certificate shall include the name of the wastewater
treatment plant operated in addition to the items in subsection (a)(1)
through (4) above.
(c) Refusal to renew registration - The registration shall not be re-
newed until any unpaid fees or fines have been paid. The division may
refuse to renew a registration if it has determined that the applicant has
operated a wastewater treatment plant while the registration was expired
or has committed any act which is grounds for disciplinary action pur-
suant to section 3710 of Article 7 or section 3719.17 of tliis article.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1 . New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
§ 371 9.1 5. Replacement of Certificate of Registration.
A certificate of registration which has been lost, stolen, or destroyed
may be replaced by the division. The replacement fee as prescribed by
section 3719.19 must be submitted with a request for replacement.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
§ 371 9.1 6. Posting the Certificate of Registration.
A valid, unexpired certificate of registration shall be displayed and
clearly visible at each wastewater treatment plant where the registration
holder has a contract to provide services.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operadve 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operaUve 4-26-98 (Register 98, No. 13).
§ 3719.17. Prohibited Acts and Disciplinary Action.
Grounds for discipline - The State Water Board may refuse to grant,
or may suspend or revoke, any registration for good cause, including, but
not limited to any of the following reasons:
(a) willfully or negligently violating, causing, or allowing the viola-
tion of Articles 1 through 10 of Chapter 26;
(b) without regard to intent or negligence, operating or allowing the
operation of a wastewater treatment plant by a person who is not certified
at the grade necessary for the position or whose certificate has expired;
(c) operating a wastewater treatment plant without a vaUd and current
registration;
(d) submitting false or misleading information on any document pro-
vided to the division including applications for registration or registra-
tion renewal;
(e) using fraud or deception in the course of contracting to operate a
wastewater treatment plant including, but not limited to, submitting false
or misleading documents to the owner(s) of the wastewater treatment
plant under contract;
(f) failing to use care or good judgment while operating a wastewater
treatment plant;
(g) willfully or negligentiy causing or violating or allowing the viola-
tion of appropriate waste discharge requirements as prescribed by Article
4of Chapter 4 of Division 7 of the Water Code, or the violation of Section
402 of the Clean Water Act which contains the provisions of the National
Pollutant Discharge Elimination System permit.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment of first paragraph and subsection (a) filed 3-27-98; operative
4-26-98 (Register 98, No. 13).
§3719.18. Appeals.
Applicants or registration holders may appeal discretionary decisions
made by the Office of Operator Certification or Office of Enforcement
regarding denial of an application for registration, registration renewal,
or disciplinary action taken.
Appeals shall be processed in accordance with the provisions of sec-
tions 3712 through 3716 of Article 7.
NOTE: Authority cited: Section 1058, Water Code. Reference: Section 13627.2,
Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment filed 3-27-98; operative 4-26-98 (Register 98, No. 13).
3. Change without regulatory effect amending section filed 2-20-2007 pursuant
to section 100, title 1 , California Code of Regulations (Register 2007, No. 8).
§ 3719.19. Wastewater Treatment Plant Contract Operator
Registration Fees.
Contract operator fees are as follows:
(a) Initial Registration Fee - The initial contract operator registration
fee is $ 1 00. For each operator employed by the contract operator in Cali-
fornia, a fee of $25 shall also be paid by the contract operator up to a max-
imum of $500 in combined contract operator registration fees and em-
ployee registration fees.
(b) Renewal Fee - The annual renewal fee is $100 plus $25 for each
person employed by the contract operator in CaUfomia up to a maximum
of $500 in combined contract operator fees and employee registration
fees.
(c) Late fee - Each contract operator who fails to have a renewal appli-
cation postmarked at least 30 days before expiration shall pay a late fee
of $50 in addition to the renewal fee.
(d) Replacement Fee - The fee for replacing lost, damaged, or de-
stroyed certificates is $30.
NOTE: Authority cited: Sections 1058 and 13627.2, Water Code. Reference: Sec-
tion 13627.2, Water Code.
History
1. New section filed 7-28-94; operative 8-29-94 (Register 94, No. 30).
2. Amendment of subsections (a) and (d) filed 3-27-98; operative 4-26-98 (Res-
ister98. No. 13).
Chapter 27. Regulations for
Implementation of the Environmental Quality
Act of 1970
Article 1 . General
§ 3720. Purpose.
The purpose of these regulations is to specify the objectives, criteria
and procedures to be followed by the state board and the regional boards
in implementing the California Environmental Quality Act. (Division 1 3.
Public Resources Code, commencing with Section 21000.)
The State CEQA Guidelines (Title 14, California Administrative
Code, Division 6, Chapter 3), including all subsequent amendments
thereto, are hereby incorporated by reference as if fully set forth in this
subchapter.
Page 158.29
Register 2007, No. 8; 2-23-2007
§3721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
NOTE: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin.
Code 15005. Reference: Sections 21000-21 175, Public Resources Code.
History
1 . New subchapter 15 (articles 1-6, sections 3720-3782, not consecutive, and ap-
pendices A-C) filed 1-18-82; effective thirtieth day thereafter (Register 82,
No. 4).
2. Change without regulatory effect renumbering chapter heading filed 1 1-10-93
pursuant to section 1 00, title 1 , California Code of Regulations (Register 93, No.
46).
§3721. Definitions.
(a) "Board" means any Regional Water Quality Control Board, the
State Water Resources Control Board, or the staff of such boards when
acting pursuant to a delegation of authority.
(b) "Environmental documents" means draft and final Environmental
Impact Reports (ElRs), initial studies. Notices of Preparation, draft and
final Negative Declarations, Notices of Completion, and Notices of De-
termination.
(c) "Notice of Decision" means a brief notice to be filed by the board
with the Secretary for Resources after it has issued, adopted or prescribed
a lease, permit, license, certificate or other entitlement for use, or adopted
or approved a standard, rule, regulation, or plan in accordance with an ex-
empt regulatory program. A copy of this notice appears in Appendix B.
(d) "Notice of Fihng" means a brief notice to be filed by the board with
the Secretary for Resources upon completion of the written documenta-
tion prepared for a proposed activity in accordance with an exempt regu-
latory program. A copy of this notice appears in Appendix C.
(e) "Regional board" means a California Regional Water Quality Con-
trol Board and the staff of such board when acting pursuant to a delega-
tion of authority from the regional board.
(f) "State board" means the State Water Resources Control Board and
staff of such board when acting pursuant to a delegation of authority.
NOTE: Authority cited: Sections 175, 13200, 13201 and 13223, Water Code; Sec-
tions 2 1 080.5 and 2 1 082, Public Resources Code; and 1 4 Cal. Adm. Code 1 5026.5
and 15055. Reference: Sections 21080.5, 21100 and Division 13, Public Re-
sources Code.
§ 3722. Compliance with Time Limitations.
The board shall complete review and take action with regard to devel-
opment projects within time limits set forth in Section 65950 of the Gov-
ernment Code if the board is lead agency or within the time limits set forth
in Secdon 65952 of the Government Code if the board is a responsible
agency, except where federal statutes or regulations require different
time limits, where a combined EIR-EIS is being prepared, where an
application to appropriate water has been protested, or where the project
applicant and the board have agreed to extend the time limits for a period
not to exceed 90 days. In the event the board fails to approve or disap-
prove a development project within the time limits set forth in Sections
65950 or 65952 of the Government Code, as applicable, the project shall
be deemed approved pursuant to Section 65956 of the Government Code.
NOTE: Authority cited: Sections 21082 and 21 100.2, Public Resources Code; Sec-
tions 65950-65957, Government Code; 14 Cal. Admin. Code 15054, 15054.2,
15085.5. Reference: Section 21100.2, Public Resources Code.
§ 3723. Master Environmental Assessment.
For purposes of Section 15069.6 of the State EIR Guidelines, the fol-
lowing documents have been prepared and designated by the state board
as a master environmental assessment for the particular hydrographic
area under consideration:
(a) All water quality control plans, and amendments and supplements
to such plans, adopted by the regional boards and approved by the state
board pursuant to Article 3, Chapter 4 of Division 7 of the Water Code.
(b) All water quality control plans adopted by the state board pursuant
to Water Code Section 13170.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
Article 2. Exemptions
§ 3730. Ministerial Project Exemption.
Ministerial projects are exempt from the requirements of CEQA and
do not require the preparation of environmental documents. Generally,
in the absence of special circumstances, the following activities have
been determined to be ministerial projects:
(a) Issuance of certifications pursuant to Section 169 of ihe Internal
Revenue Code of 1954. as amended.
(b) Issuance of licenses to appropriate water pursuant to >Vater Code
Sections 1600-1611.
(c) Issuance of permits to appropriate water pursuant to a decision or
order of the state board.
(d) Issuance of certificates pursuant to Health and Safety C(3de Section
39615.
(e) Issuance of certificates for stockpond water rights pursuant to Ar-
ticle 2.5 of Chapter 1 of Part 2 of Division 2 of the Water Code.
(f) Issuance of a certification to the California Pollution Control Fi-
nancing Authority Act pursuant to Division 27 of the Health and Safety
Code.
(g) Issuance of a license or exemption of any oil spill cleanup agent
pursuant to Water Code Section 13169.
NOTE; Authority cited: Sections 21080(b)(1) and 21082, Public Resources Code;
14 Cal. Admin. Code 15032. Reference: Section 21080(b), Publi.^ Resources
Code; 14 Cal. Admin. Code 15073.
§ 3733. Waste Discharge Requirements Under Water Code
Chapter 5.5.
Environmental documents are not required for adoption oj" waste dis-
charge requirements under Chapter 5.5, Division 7 of the Water Code,
except requirements for new sources as defined in the Federal Water Pol-
lution Control Act. This exemption is in accordance with V/ater Code
Section 13389 which does not apply to the policy provisions of Chapter
1 of CEQA.
NOTE: Authority cited: Section 21082, Public Resources Code; Section 13389,
Water Code; 14 Cal. Admin. Code 15037(b)(1). Reference: Division 13, Public
Resources Code.
Article 3. Applications for Waste
Discharge, Water Reclamation
Requirements, or Other Entitlements for Use
§ 3740. Submission of Information.
Whenever any person applies to the board for waste discharge require-
ments, water reclamation requirements, or other entitlement for use, the
board may require that person to submit data and informatior necessary
to enable the board to determine whether the project proposed may have
a significant effect on the environment.
NOTE: Authority cited: Sections 21082 and 21082.1, Public Resources
§ 3741 . Additional Information Requirements.
(a) In addition to the information requested under Section 3740, the
person applying for waste discharge requirements, water reckimation re-
quirements, or other entitlement for use, shall complete the Environmen-
tal Information Form contained in Appendix H of the State CEQA Guide-
hnes if the conditions specified in subsections (1), (2), (3) and (4) of this
subsection are met:
(1) The project is subject to the requirements of CEQA;
(2) The project does not qualify for an exemption under /s^rticle 2 of
this subchapter; and
(3) The project is to be carried out by a person other them a public
agency; and
(4) No other agency is lead agency for the project.
(b) In addition to the information requested under Section 3740, the
person applying for waste discharge requirements, water reclamation re-
Page 158.30
Register 2007, No. 8; 2-23-2007
Title 23
State Water Resources Control Board
§3751
quirements. or other entitlenient for use shall assure that the board re-
ceives copies of the environmental documents or Notice of Exemption
if the following conditions are met:
( 1 ) The project is subject to CEQA;
(2) The project is to be carried out by a person other than the board;
and
(3) A public agency other than the board is lead agency.
NOTt;: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
§ 3742. Denial or Limitation of Requirements.
The board may prohibit or condition the discharge of waste and may
condition water reclamation requirements in order to protect against en-
vironmental damage, minimize adverse environmental impacts, or en-
sure long-term protection of the environment.
NOTH; Authority cited: Sections 21002.1, 21081, and 21082, Public Resources
Code. Reference: Section 21002, Public Resources Code.
Article 4. Applications for Funding
§ 3750. Submission of Information.
(a) Whenever any municipality applies to the state board for discre-
tionary grant assistance from both the state board and the Federal Envi-
ronmental Protection Agency for a project to be undertaken by such mu-
nicipality, the application shall be supported by:
( 1) An Environmental Assessment as required by the National Envi-
ronmental Policy Act.
(2) An Environmental Impact Report or Negative Declaration as re-
quired by CEQA.
(b) Whenever any public agency applies to the state board for any oth-
er discretionary financial assistance for a project to be undertaken by
such public agency, the application shall be supported by either an Initial
Study and a Negative Declaration or an EIR.
(c) Whenever any person, other than a public agency, applies to the
state board for any form of discretionary financial assistance for a project
to be undertaken by such person, the application shall be submitted with
sufficient information and data to determine whether the project may
have a significant effect on the environment. If the supplied information
and data indicate that the project will have a significant effect on the envi-
ronment, then such person shall submit with the application sufficient in-
formation and data to determine feasible changes in the project w hich
mitigate or avoid the substantial adverse changes in the environment.
This information may be supplied in the form of a draft EIR or an Initial
Study and Negative Declaration. However, regardless of the format used,
the state board shall not use the information or documents as its own with-
out an independent evaluation and analysis of such information or docu-
ments.
NOTE: Authority cited: Sections 21082 and 21160, Public Resources Code; 14
Cal. AdmJn. Code 15061. 15082. Reference: Section 21104, Public Resources
Code.
§ 3751 . Limitation of Funding
(a) The state board, acting as a responsible agency, may deny, post-
pone or condition discretionary financial assistance for any project sub-
ject to CEQA which is to be uridertaken by any person where the state
board determines that such action is necessary to protect against environ-
mental damage to water resources, prevent nuisance, minimize adverse
environmental impact on water resources, or ensure long-term protec-
tion of water resources.
(b) The state board, acting as lead agency, may deny, postpone, or con-
dition discretionary financial assistance for any project which is under-
taken by any person where the state board determines that such action is
necessary to protect against environmental damage, to prevent nuisance,
to minimize adverse environmental impacts, or to ensure long-term pro-
tection of the environment.
[The next page is 158.33.]
Page 158.31
Register 2007, No. 8; 2-23-2007
Title 23
State Water Resources Control Board
§3778
•
(c) When a project is subject to CEQA and NEPA, special conditions
placed on the project to ensure compliance with NEPA will be binding
conditions of state discretionary financial assistance.
NOTi;-. Authority cited: Sections 21002.1, 21081, and 21082. Public Resources
Code. Reference: Division 13, Public Resources Code.
Article 5. Processing of Environmental
Documents
§ 3760. Time Limits in Action by Responsible Agency.
Any action or approval for a project must be taken by the board within
the following time periods, whichever period is later:
(a) Within 180 days after the lead agency approves the project, or
(b) Within 1 80 days after the board finds the application for the project
to be complete.
NOTH: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin.
Code 15085.5. Reference: Division 13, Public Resources Code.
§ 3761 . Determination As to Completeness of Application.
(a) Within 30 days after receiving an application for a development
project as defined in Section 65928 of the Government Code, and the
board is determined to be a responsible agency, the board shall notify the
applicant, in writing, whether the application is complete.
(b) If the board finds the application is incomplete, it shall notify the
applicant in writing and specify the parts of the application which are in-
complete and indicate how the applicadon can be made complete.
NOTK: Authority cited: Section 21082, Public Resources Code; Sections 62928
and 65943, Government Code. Reference: Division 13, Public Resources Code.
§ 3762. Availability of Environmental Documents.
Environmental documents which have been prepared by the board, or
which will be considered by the board prior to approval of a project, shall
be available for public inspection upon request during normal working
hours at the appropriate board office. Copies shall be made available to
the general public pursuant to provisions of the California Public Re-
cords Act for actual reproduction costs.
NOTE: Authority cited: Section 21082, Public Resources Code; Chapter 6.5, Divi-
sion 7, Title 1, Government Code, commencing with Section 6250. Reference:
Section 2 11 05, Public Resources Code.
§ 3763. Public Participation and Hearings.
The board shall take appropriate action to encourage public participa-
tion and comment in the preparafion and review of environmental docu-
ments. Such action may include a public hearing, a workshop or a board
meeting when such is deemed necessary by the board for proper evalua-
tion of the activity involved.
NOTE: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin.
Code 15164, 15165. Reference: Division 13, Public Resources Code.
§ 3764. Charges for Preparation of Environmental
Documents.
(a) The state board and the regional boards may charge and collect a
reasonable fee from any person proposing a project subject to CEQA for
any costs incurred in preparing an EIR or causing an EIR to be prepared.
(b) The board will estimate the cost of preparing an EIR and will send
a statement of the estimated cost to the person proposing such project.
The estimated cost shall be paid to the board in total prior to preparation
of the EIR or in four installments in advance of specific stages of the EIR
preparation. After the EIR has been completed, the board shall determine
the actual cost of preparation. If the amount of the fee paid is in excess
of the actual cost, such excess shall be refunded to the proper person. If
the amount of the fee paid is inadequate, the remaining amount shall be
due and payable to the board upon request.
Note;: Authority cited: Section 21082, Public Resources Code; 14 Cal. Admin.
Code 15053. Reference: Section 21089, Public Resources Code.
Article 6. Exempt Regulatory Programs
§ 3775. Applicability.
(a) This article applies only to those regulatory programs or portions
thereof which are administered by the state board and each regional
board and which have been certified as an exempt regulatory program by
the Secretary for Resources in accordance with subdivision (c) of Public
Resources Code Section 21080.5.
(b) For the regulatory program so certified by the Secretary for Re-
sources, compliance with the provisions of this article shall be in lieu of
the provisions of other articles in this subchapter.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Sec-
tion 21080.5, Public Resources Code.
§ 3776. Documentation Required for Issuance of a Permit,
License, Certificate, or Other Entitlement for
Use.
(a) Tlie applicant for an entitlement for use which is issued, adopted,
or prescribed pursuant to a certified regulatory program shall include,
with the exisfing application form, the completed Environmental Infor-
mation Form contained in Appendix H to the State CEQA Guidelines.
Upon complefion of the application form and the Environmental Infor-
mafion Form, the application shall be considered complete.
(b) Upon receipt of a complete application, the board shall complete
the Environmental Checklist contained in Appendix A to this subchapter
and prepare a written report containing the following:
(1) A brief description of the proposed activity;
(2) Reasonable altemafives to the proposed activity; and
(3) Mitigation measures to minimize any significant adverse environ-
mental impacts of the proposed activity.
(c) Upon completion of the written report, the board shall provide a
Notice of Filing of the report to the public and to any person who requests,
in writing, such notification.
The board shall not take acdon on the proposed activity until 45 days
after the Notice of Filing contained in Appendix C to this subchapter has
been provided.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
§ 3777. Documentation Required for Adoption or Approval
of Standards, Rules, Regulations, or Plans.
(a) Any standard, rule, regulation, or plan proposed for board approval
or adopdon must be accompanied by a completed Environmental Check-
list contained in Appendix A to this subchapter or such other completed
checklist as may be prescribed by the board, and a written report prepared
for the board, containing the following:
(1) A brief description of the proposed activity;
(2) Reasonable alternatives to the proposed activity; and
(3) Mitigation measures to minimize any significant adverse environ-
mental impacts of the proposed activity.
(b) Upon completion of the written report, the board shall provide a
Notice of Filing of the report to the public and to any person who requests,
in writing, such notificafion.
The board shall not take action on the proposed activity until 45 days
after the Notice of Filing contained in Appendix C to this subchapter has
been provided.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
§ 3778. Consultation.
Upon completion of the written report, the board shall consult with
other public agencies having jurisdiction by law with respect to the pro-
posed acdvity and should consult with persons having special expertise
with regard to the environmental effects involved in the proposed activ-
ity. The board may consult with such persons by transmitdng a copy of
the written report or by other appropriate means.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
Page 158.33
Register 93, Nos. 46-48; 11-26-93
§3779
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 3779. Response to Comments.
(a) The board shall prepare written responses to the comments contain-
ing significant environmental points raised during the evaluation pro-
cess, if such comments are received at least fifteen days before the date
the board intends to take acfion on the proposed activity. Copies of such
written responses shall be available at the board meeting for any person
to review.
(b) If the board receives written comments on the proposed activity
less than fifteen days before the date the board intends to take action on
the proposed activity, the board should, to the extent feasible, prepare
written responses to the significant environmental points raised in such
comment. For those late comments for which the board is not able to pre-
pare written responses before the board meeting, and for those oral com-
ments on the proposal which are made at the board meeting, the board
shall orally respond to the significant environmental points raised and the
substance of such responses shall be recorded in the minutes of the board
meeting. Following the conclusion of the comments and the responses
thereto, the board may take action on the proposed activity. The com-
ments received, and the responses thereto, shall be included in the record
of the board action on the proposed activity.
NOTE: Authority cited: Section 21082. Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
§ 3780. Approval.
The board shall not approve a proposed activity if there are feasible al-
ternatives or feasible mitigation measures available which would sub-
stantially lessen any significant adverse impact which the proposed ac-
tivity may have on the environment.
NOTE: Authority cited: Section 21082. Public Resources Code. Reference: Sec-
tion 21081, Public Resources Code.
§ 3781 , Notice of Decision.
After final adoption or approval of a proposed activity, the board shall
file a Notice of Decision contained in Appendix B to this subchapter with
the Secretary for Resources where it will be posted for public inspection
for a period of not less than 30 days.
NOTE: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
§ 3782. Exempt Regulatory Programs.
The following programs of the state board and regional boards have
been certified by the Secretary for Resources as meeting the require-
ments of Public Resources Code Section 21080.5: The Water Quality
Control (Basin)/208 Planning Program.
NOTE: Authority cited: Section 2 1082, Pubic Resources Code. Reference: Section
21080.5, Public Resources Code.
Appendix A
Environmental Checklist Form
(To Be Completed By Lead Agency)
I. BACKGROUND
1 . Name of Proponent
2. Address and Phone Number of Proponent::
3. Date of Checklist Submitted
4. Agency Requiring Checklist
5. Name of Proposal, if applicable.
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on attached
sheets.)
YES MAYBE NO
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in changes in geologic
substructures?
b. Disruptions, displacements, compaction or over-
covering of the soil?
c. Change in topography or ground surface relief
features?
d. The destruction, covering or modification of any
unique geologic or physical features ?
e. Any increase in wind or water erosion of soils,
either on or off the site?
f. Changes in deposition or erosion of beich sands, or
changes in siltation, deposition or erosion which may
modify the channel of a river or stream or the bed of the
ocean or any bay, inlet or lake?
g. Exposure of people or property to geologic hazards
such as earthquakes, landslides, mudslides, ground
failure, or similar hazards?
2. Air. Will the proposal result in:
a. Substantial air emissions or deterioration of ambient
air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture or temperature,
or any change in climate, either locally or regionally?
3. Water. Will the proposal result in:
a. changes in curtcnts, or the course or direction of
water movements, in either marine or fresh waters?
b. Changes in absorption rates, drainage patterns or the
rate and amount of surface water runoff?
c. Alterations to the course or flow of flood waters?
d. Change in the amount of surface water in any
water body?
e. Discharge into surface waters, or in any alteration of
surfacewater quality, including but not lira ted to temp-
erature, dissolved oxygen or turbidity?
f. Alteration of the direction or rate of flow of ground
waters?
g. Change in the quantity of ground waters, either
through direct additions or withdrawals, or tlirough inter-
ception of an aquifer by cuts or excavations?
h. Substantial reduction in the amount of water other-
wise available for public water supplies?
i. Exposure of people or property to water related \haz-
ards such as flooding or tidal waves?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or ni mber of any
species of plants (including trees, shrubs, grass, crops,
microflora and aquatic plants)?
b. Reduction of the numbers of any unique, rare or
endangered species of plants?
c. Introduction of new species of plants into an area, or
in a barrier to the normal replenishment of existing
species?
d. Reduction in acreage of any agricultura crop?
5. Animal Life. Will the proposal result in:
a. Change in the diversity of species, or numbers of any
species of animals (birds, land animals including rep-
tiles, fish and shellfish, benthic organism:;, insects or
or microfauna)?
b. Reduction of the numbers of any unique, rare or
endangered species of animals?
c. Introduction of new species of animals nto an area,
or result in a barrier to the migration or movement of
animals?
d. deterioration to existing fish or wildlife habitat?
6. Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new
light or glare?
8. Land Use. Will the proposal result in a substantial
alteration of the present or planned
land use of an area?
9. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural resources?
b. Substantial depletion of any nonrenewable natural
resource?
10. Risk of Upset. Does the proposal involve a risk of an
explosion or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident or upset
conditions?
11. Population. Will the proposal alter the location,
distribution, density, or growth rate of the human
population of an area?
12. Housing. Will the proposal affect exist ng housing,
or create a demand for additional housing?
13. Transportation/Circulation. Will the proposal result
in:
a. Generation of substantial additional vehicular
Page 158.34
Register 93, Nos. 46-43; 11-26-93
Title 23
State Water Resources Control Board
§3782
movement?
b. Effects on existing parking facilities, or demand for
new parking?
c. Substantial impact upon existing transportation
systems?
d. Alterations to present patterns of circulation or
movement of people and/or goods?
e. Alterations to waterbome, rail or air traffic?
f. Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal have an effect
upon, or result in a need for new or altered governmental
services in any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services?
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing sources
of energy, or require the development of new sources of
energy?
16. Utilities. Will the proposal result in a need for new -
systems, or substantial alterations to the following
utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential health
__ hazard (excluding mental health)?
b. Exposure of people to potential health hazards?
18. Aesthetics. Will the proposal resulting the
obstruction of any scenic vista or view open to the public,
or will the proposal result in the creation of an
___ aesthetically offensive site open to public view?
19. Recreation. Will the proposal result in an impact
upon the quality or quantity of existing recreational
opportunities?
20. Archeological/Historical. Will the proposal result in
an alteration of a significant archeological or historical
site structure, object or building?
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number of restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b. Does the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental
goals? (A short-term impact on the envuonment is one
which occurs in a relatively brief, definitive period of
time while long-term impacts will endure well into
the future.)
c. Does the project have impacts which are individually
limited,but cumulatively considerable? (A project may
impact on two or more separate resources where the
impact on each resource is relatively small, but where the
effect of the total of those impacts on the environment
is significant.)
d. Does the project have environmental effects which
will cause substantial adverse effects on human beings,
either directly or indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
IV. DETERMINATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
CH I find the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION WILL
BE PREPARED,
cm I find that although the proposed project could have a significant
effect -on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached
sheet have been added to the project. A NEGATIVE DECLARA-
TION WILL BE PREPARED.
□ I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
Date
For
(Signature)
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Refer-
ence: Sections 21000-21 176, and Division 13, Public Resources Code.
Appendix B
Notice of Decision
TO: Secretary for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, CA 95814
SUBJECT: Filing of Notice of Decision in Comphance with Section
21080.5 of the Public Resources Code
Project Proponent:
Project Title:
Contact Person:
Project Location:
Project Description:
Telephone No.:_
This is to advise that the
has
made the following determination regarding the above described project:
The project has been: approved
disapproved
Date Received for Filing:
Signature of Person Filing Notice
Title
Note: Authority cited: Section 21082, Public Resources Code. Reference: Divi-
sion 13, Public Resources Code.
Appendix C
Notice of Filing
TO: Any Interested Person FROM:
SUBJECT: Notice of Filing submitted under Section 21080.5 of the
Public Resources Code
Project Proponent:
Project Title:
Contact Person:
Project Location:
Project Description:
Telephone No.:
This is to advise that the project proponent has filed a report of waste
discharge for waste discharge requirements in connection with the above
project. Action on this report of waste discharge will be taken in accor-
dance with a regulatory program exempt under Section 21080.5 of the
Public Resources Code from the requirement to prepare an environmen-
tal impact report under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.) and with other applicable laws
and regulations.
Date:
Signature of Person Transmitting Notice
Title
Note: Authority cited: Section 21082, Pubhc Resources Code. Reference: Divi-
sion 13, Public Resource Code.
Page 158.35
Register 2000, No. 21; 5-26-2000
§3830
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Chapter 28. Certifications
Article 1. General Provisions
§ 3830. Purpose and Review of Regulations.
(a) Various laws provide for the issuance of certifications by the state
board or regional boards. These regulations specify how the state board
and the regional boards implement various certification programs and
how the state board acts on petitions for reconsideration of certification
actions or failures to act by the executive director, regional boards, and
executive officers.
(b) Within five years from the effective date of these regulations, the
state board, in consultation with the Secretary for Environmental Protec-
tion, shall review the provisions of this Chapter to determine whether
they should be retained, revised, or repealed.
NOTH; Authority cited: Section 1058, Water Code. Reference: 26 USC Section
1 69, 40 CFR Section 20; 1 5 USC Section 636, 40 CFR Section 2 1 ; 33 USC Section
1341; Sections?. 174, 179, 183, 186. 1059, 13160, 13160.1, 13321, 13350 and
13396, Water Code; and Sections 44533 and 44539, Health and Safety Code.
History
1. New subchapter 17 (articles 1-6, sections 3830-3869) filed 9-2-81; effective
thirtieth day thereafter (Register 81, No. 36).
2. Change without regulatory effect renumbering chapter heading filed 1 1-10-93
pursuant to section 100, title 1, California Code of Regulations (Register 93, No.
46).
3. Amendment of section heading, section and Note filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
§3831. Definitions.
The following words (in alphabetical order), as used in this Chapter,
shall have the meaning hereafter ascribed to them unless the context of
their use clearly requires a different meaning:
(a) "Activity," when used in reference to water quality certification,
means any action, undertaking, or project — including, but not limited
to, construction, operation, maintenance, repair, modification, and resto-
ration — which may result in any discharge to waters of the United States
in California.
(b) "Application" means a written request for certification, including
accompanying materials.
(c) "Applicant" normally means any individual, entity, district, orga-
nization, group, or agency submitting an application, subject to the fol-
lowing caveats:
( 1 ) When a professional agent or firm submits an application on behalf
of a client, the client is the applicant.
(2) The person or group financially responsible for an activity seeking
a federal license or permit which may result in a discharge to waters of
the United States is normally the applicant for water quality certification,
but
(3) the federal agency is the applicant when the federal agency re-
quests water quahty certification for any discharge which may result
from activities to be allowed by that agency under a general license or
permit.
(d) "CEQA" means the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.).
(e) To take a "certification action" means to issue an order, signed by
the proper approving official, granting or denying certification within the
time period allowed for certification by the federal agency's rules.
(f) "Complete application" means:
(1) for purposes of tax certification, an application made on forms pro-
vided by EPA and that includes the appropriate fee required pursuant to
Section 3833 of this Chapter;
(2) for purposes of water quality certification, an application that in-
cludes all information and items and the fee deposit required pursuant to
Sections 3833 and 3856 of this Chapter;
(3) for purposes of pollution control certification, an application that
includes all information, items, and fees required pursuant to Sections
3833 and 3863 of this Chapter; and
(4) notwithstanding the specific definitions in Subsections (f)(1)
through (f)(3) of this Section, any application for certification for a devel-
opment project for which the application is deemed complete pursuant
to the Permit Streamlining Act (Government Code Section 65920 et
seq.).
(g) "CFR" means the Code of Federal Regulations.
(h) "Denial without prejudice" means an inability to grant certification
for procedural rather than substantive reasons. This form of d(mial carries
with it no judgement on the technical merits of the activity or ;;ompliance
of any discharge with water quality standards. A certifying agency may
reconsider a revised application package which corrects the procedural
problems that caused the original denial without prejudice.
(i) "EPA" means the United States Environmental Protection Agency.
(j) "Executive director" means the chief administrative officer of the
state board or the executive director's designee.
(k) "Executive officer" means the chief administrative officer of a re-
gional board.
(/) "Federal agency" means, for purposes of water quality certifica-
tion:
( 1 ) the federal agency responsible for issuing a license or permit for
an activity resulting in a possible discharge for which an application for
certification is submitted, or
(2) a federal agency applying for water quality certification (see defi-
nition of "applicant").
(m) "FERC" means the Federal Energy Regulatory Commission.
(n) "Pollution control certification" means a certification that a project
will further comply with federal, state or local pollution control standards
and requirements and is eligible for financing under the California Pollu-
tion Control Financing Authority Act (Health and Safety Code, Division
27, commencing with Section 44502).
(o) "Regional board" means a California Regional Water Quality Con-
trol Board.
(p) "Standard certification" means a water quality certification subject
only to the conditions specified in Section 3860 of this Chapter.
(q) "State board" means the State Water Resources Control Board.
(r) "Tax Certification" means a certification that a treatment facility
qualifies as a certified pollution control facility within the meaning of
Section 169 of the Internal Revenue Code of 1954.
(s) "USC" means United States Code.
(t) "Water Code" means the California Water Code.
(u) "Water quality certificafion" means a certification that any dis-
charge or discharges to waters of the United States, resulting ;Tom an ac-
tivity that requires a federal license or permit, will comply with water
quality standards and other appropriate requirements.
(v) "Water quality standards and other appropriate requirements"
means the applicable provisions of Sections 301, 302, 303, 306 and 307
oftheCleanWaterAct(33USCSectionsl311,1312, 1313, 1316,1317),
and any other appropriate requirements of state law.
(w) "Waters of the United States" means surface water and water bo-
dies as defined by EPA regulations (e.g., 40 CFR Section 122. 2). All wa-
ters of the United States in California are also "waters of the state" (de-
fined by the Porter-Cologne Water Quality Control Act as "any surface
water or ground water, including saline waters, within the boundaries of
the state." [Water Code Section 1 3050(e)]). Not all waters of the state
(e.g., ground water) are waters of the United States.
NOTE: Authority cited: Section 1058, Water Code. Reference: 26 USC Secfion
169. 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21 ; 33 USC Section
1341; 40 CFR Section 131.3; 40 CFR Section 122.2; Sections 7, 1003.5, 1059,
13050, 13160, 13160.1 and 13350, Water Code; Sections 44533 and 44539,
Health and Safety Code; Section 21000 et seq. (CEQA), Public Resources Code;
and Secfion 15000 et seq.. State CEQA Guidelines.
History
1 . Amendment of section heading, section and Note filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
Page 158.36
Register 2000, No. 21; 5-26-2000
Title 23
State Water Resources Control Board
§ 3833.1
•
§ 3832. Number of Copies.
Two copies of each application sliall be submitted.
NOTi;: Authority cited: Section 1058. Water Code. Reference: 26 USC Section
1 69. 40 CFR Section 20: 1 5 USC Section 636. 40 CFR Section 2 1 ; 33 USC Section
1341; Section 13160, Water Code; and Sections 44533 and 44539. Health and
Safely Code.
History
1. Amendment of NoTi-; filed 5-25-2000; operative 6-24-2000 (Register 2000,
No. 21).
§ 3833. Application Fees and Refunds.
(a) Each application for a Tax Certification shall be accompanied by
a fee of $200.
(b) Each application for a Water Quality Certification shall be accom-
panied by a fee deposit for processing the application. Processing the ap-
plication includes evaluating the activity proposed in the application and
determining whether the certification should be issued and what condi-
tions, if any, should be imposed on the certification.
(1) If the activity subject to certification includes, or involves
construction or modification of facilities for the purpose of, producing
hydroelectric power, and the activity or facilities require the issuance or
amendment of a FERC license, a deposit in the amount of any annual fees
due under section 3833. 1 that have not yet been paid shall accompany the
application.
(2) If the activity is not subject to subsection (b)(1) of this section but
is subject to subparagraph (b)(1)(B) of section 3855, then an initial de-
posit shall accompany the application, and subsequent deposits shall be
required as necessary to cover the state board's reasonable costs of pro-
cessing the application as follows:
(A) An initial deposit of $1,000 shall accompany all applications.
(B) If the state board's reasonable costs exceed $750, the applicant
shall provide a second deposit in the amount of the unpaid reasonable
costs, if any, plus $5,000, or a lesser amount estimated by the state board
to be necessary to complete processing the application.
The state board may require additional deposits when the state board's
reasonable costs exceed the total amount previously deposited less
$2,000. The additional deposits shall be in the amount of the state board' s
unpaid reasonable costs, if any, plus $5,000, or a lesser amount that the
state board estimates to be necessary to complete processing the applica-
tion. The state board shall notify the applicant by certified mail of any de-
posits required under this subsection (b)(1)(B), and the deposit shall be
due within sixty (60) days from receipt of the notice.
(C) After the state board acts on the application, or if the applicant
withdraws the application, the applicant shall make a final payment so
that the total fee paid by the applicant equals the reasonable costs in-
curred by the state board in processing the application. The state board
shall notify the applicant by certified mail if the applicant owes a final
payment on the application fee, and the final payment shall be due within
sixty (60) days from receipt of the notice. If the deposit(s) exceed the state
board's reasonable costs, the state board shall refund the excess amount
to the applicant within sixty (60) days of final action on the application.
(D) For the purposes of this subsection (b)(2), the reasonable costs of
processing the application include the state board's reasonable costs in-
curred in anticipation of the filing of an application, including participa-
tion in pre-filing consultation and any investigations or studies to evalu-
ate the impacts of the proposed activity, to the extent that these costs are
reasonably necessary to process the subsequently filed application. The
state board's reasonable costs include any reasonable costs of processing
the application incurred by a regional board at the state board's request.
The state board may seek reimbursement of costs pursuant to this subsec-
tion (b)(2) only after the applicant has submitted an application to the
state board.
(E) If the activity subject to water quality certification is also the sub-
ject of a pending application, petition, or registration subject to section
1062, 1064, 1067 or 1068 of this division, and the application, petition,
or registration is filed before or simultaneously with the application for
certificafion, the applicant shall pay only the fees imposed under chapter
5 (commencing with section 1061) of this division, and no additional de-
posit is required under this subsection (b)(2).
(3) If the acfivity is not subject to Subsection (b)( 1 ) or (b)(2) of this
Section, then:
(A) An initial deposit of $500 shall accompany all applications.
(B) The total fee, including deposit, for taking any certification action
shall be the appropriate one-time amount determined from Section 2200,
Title 23, of the California Code of Regulations.
(C) If waste discharge requirements or a waiver of waste discharge re-
quirements are to be issued in conjunction and simultaneously with tak-
ing action on the application for water quality certification, or the project
is to be regulated through general waste discharge requirements or gener-
al waivers thereof, the applicant shall pay only one fee. If action is taken
on the application for water quality certification, but waste discharge re-
quirements or a waiver of waste discharge requirements are later issued
for the same or revised activity, the applicant shall pay a new fee for the
subsequent waste discharge requirements.
(4) If a revised application for water quality certification is filed for the
same project that had been previously denied certification without preju-
dice or when an original application is voluntarily withdrawn by the ap-
plicant pursuant to Subsections 3835(b), 3836(b), 3836(c), or 3838(c) of
this Chapter, the revised application shall be accompanied by any unpaid
fee or portion thereof for the original application. Except as provided in
this Section, no additional fee shall be required for the revised application
if:
(A) the revised application is filed within twelve (12) months of the
denial without prejudice or voluntary application withdrawal,
(B) the revised application package corrects the procedural problems
which caused the original denial without prejudice or voluntary applica-
tion withdrawal, and
(C) the project has not changed significantly in scope or potential for
adverse impact (i.e., no further technical review is necessary).
(c) The fee for processing an application if a specific fee is not estab-
lished under this section shall be set at the hourly rate specified in Section
2200.4, Title 23, of the California Code of Regulafions. An initial deposit
of $500 shall accompany all such applications.
(d) The fees described in this Section do not include the costs of prepa-
ration of any CEQA document, should one be required.
(e) Denial of certification shall not be grounds for refund of any part
of a certification application fee.
(f) If the applicant is a federal agency, the fees described in this Section
apply to the extent authorized by federal law.
NOTE: Authority cited: Sections 1058 and 13160.1, Water Code. Reference: 26
USC Section 169, 40 CFR Section 20; 33 USC Section 1341; and Sections 1060,
13160 and 13160.1, Water Code.
History
1. Amendment filed 8-1-90 as an emergency; operative 8-1-90. Submitted to
OAL for printing only pursuant to Water Code section 1 3262 (Register 90. No.
39).
2. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000, No. 21).
3. Amendment of section heading, section and Noti-: filed 12-23-2003 as an emer-
gency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Water Code
section 13160.1 this rulemaking action remains in effect until revised by the
State Water Resources Control Board.
§ 3833.1 . Annual Fees for FERC Licensed Hydroelectric
Projects.
(a) Each applicant seeking water quality certification for an actixity
that includes, or involves construcfion or modification of facilities for the
purpose of, producing hydroelectric power, where the activity or facili-
ties require the issuance or amendment of a FERC license, shall pay an
annual fee in accordance with this secfion.
(b)( I ) An armual fee calculated pursuant to paragraphs (4) and ( 5 j shall
apply in each fiscal year (July 1 through June 30) during or after the year
in which review in anticipation of consideration of certification is initi-
ated as specified in paragraph (2) and until and including the fiscal year
in which certification and related federal proceedings are complete as
specified in paragraph (3).
Page 158.37
Register 2007, No. 5; 2-2-2007
§3834
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(2) Review in anticipation of consideration of certification shall be
deemed to have been initiated when any of the following occurs or has
occurred:
(A) A notice of intent is filed pursuant to 18 CFR § 5.5 or 18 CFR
§ 16.6.
(B) Consultation is initiated pursuant to 18 CFR § 4.38.
(C) An application for water quality certification is filed.
(3) Certification and related proceedings shall be deemed to have been
completed when any of the following occurs:
(A) FERC issues or denies the license or license amendment for which
review in anticipation of consideration of certification was initiated.
(B) FERC determines that no license, other than a license already in
effect, or license amendment is required.
(C) The applicant abandons the proposed activity, including with-
drawal or voluntary surrender of any applicable notification of intent,
FERC preliminary permit, FERC license application or FERC license.
(4) The annual fee shall be $1 ,000 plus $ 0.1 3 per kilowatt, based on
the authorized or proposed installed generating capacity of the hydro-
electric facility.
(A) In the case of an application for an original, new or subsequent li-
cense, as those terms are used in Parts 4, 5 and 1 6 of Title 1 8 of the CFR,
the annual fee shall be based on the installed generating capacity of the
facility as proposed in the notification of intent, application for FERC li-
cense, application for certification, or existing license that is proposed for
takeover or relicensing, whichever is greatest.
(B) In the case of a proposed amendment to an existing FERC license,
the component of the fee based on installed generating capacity shall be
based on the amount by which the installed generating capacity of the hy-
droelectric facility would be increased by the proposed amendment.
(5) If an applicant for certification has paid any deposit pursuant to
subdivision (b) of section 3833 as that subdivision was in effect before
January 1 , 2004, the state board shall credit against the annual fee speci-
fied in paragraph (4) any portion of that deposit that was for costs in-
curred after June 30, 2003. If an applicant for certification was required
to pay but did not pay any deposit pursuant to subdivision (b) of section
3833 as that subdivision was in effect before January 1 , 2004, the annual
fee shall include any unpaid deposit, less any portion of that unpaid de-
posit that was for costs incurred after June 30, 2003, in addition to the
annual fee specified in paragraph (4).
(6) If an application for certification is filed for an activity for which
no annual fees have previously been imposed, the annual fee shall be due
upon filing of the application for certification, and shall be paid to the
state board. In all other cases, the annual fee shall become due thirty days
after the State Board of Equalization gives notice of the fee, and shall be
paid to the State Board of Equalization.
(c)( 1 ) The holder of any FERC license for a hydroelectric project for
which water quality certification has been issued shall pay an annual fee
in the amount of $100 plus $0.01 per kilowatt, based on the authorized
installed generating capacity of the hydroelectric project.
(2) The fee imposed under this subdivision shall not apply in the fiscal
year when the FERC license is issued if an annual fee is imposed in that
fiscal year pursuant to subdivision (b).
(3) The annual fee imposed under this subdivision shall be due thirty
days after the State Board of Equalization gives notice of the fee, and
shall be paid to the State Board of Equalization.
(d)(1) A determinadon by the state board that an applicant is required
to pay a fee under this section or paragraph ( 1) of subdivision (b) of sec-
tion 3833, and any determination by the state board regarding the amount
of that fee, is subject to review under chapter 4 (commencing with Sec-
tion 1 120) of part 1 of division 2 of the Water Code. Any petition by an
applicant to the state board for review shall be submitted in accordance
with that chapter and article 12 (commencing with section 768) of chap-
ter 2 of division 3 of this title.
(2) If the subject of a petition for reconsideration relates to an annual
fee, other than an annual fee first required to be paid pursuant to para-
graph (1) of subdivision (b) of section 3833, the board's decision regard-
ing an annual fee shall be deemed adopted on the date of assessment by
the State Board of Equalization. The petition must be received by the
board within 30 days of the date of assessment by the Sta e Board of
Equalization.
NOTE: Authority cited: Section 13160.1, Water Code. Reference: Section
13160.1, Water Code.
History
1 . New section filed 12-23-2003 as an emergency; operative 1 -1-2C'04 (Register
2003, No. 52). Pursuant to Water Code section 13160.1 this rulemaking action
remains in effect until revised by the State Water Resources Control Board.
2. Amendment of subsections (b)(4) and (c)( 1 ) filed 10-14-2004 as an emergen-
cy: operative 10-14-2004 (Register 2004. No. 42). Pursuant to WalerCode sec-
lion 1530, this rulemaking action remains in effect until revised by the State Wa-
ter Resources Control Board.
3. Amendment of subsections (b)(4) and (c)(1) filed 10-21-2005 as in emergen-
cy; operative 1 0-2 1-2005 (Register 2005, No. 42). Adopted by the State Water
Resources Control Board 9-22-2005; submitted to OAL for prin ing only on
10-1 1-2005 pursuant to Water Code section 13160.1. which provides that the
regulation shall be deemed an emergency, shall not be subject to OAL review,
and shall remain in effect until revised by the state board.
4. Change without regulatory effect amending subsection (b)(2)(A) filed
1-29-2007 pursuant to section 100. title 1, California Code of Regulations
(Register2007, No. 5).
§ 3834. Amendments to Applications.
An amendment to an application prior to a certification action being
taken shall be submitted in the same manner as the original application
and shall be considered a part of the application it amends. No additional
fee shall be required for an amendment to an application prior to a certifi-
cation action unless the activity's size, design, scope, or potential for ad-
verse impact has changed significantly, prompting the need br further
technical or administrative review or otherwise triggering a larger fee as
required pursuant to Section 3833 of this Chapter.
NOTE: Authority cited: Secdon 1058, Water Code. Reference: 26 USC Section
1 69, 40 CFR Section 20; 1 5 USC Section 636, 40 CFR Section 2 1 ; 33 U SC Section
1341 ; Sections 13160 and 13160.1, Water Code; and Sections 44533 and 44539,
Health and Safety Code.
History
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000, No. 21).
§ 3835. Complete, Incomplete, and Valid Applications.
(a) Upon receipt of an application, it shall be reviewed by the certify-
ing agency to determine if it is complete. If the application is incomplete,
the applicant shall be notified in writing no later than 30 days af .er receipt
of the application, of any additional information or action needed.
(b) If an application is determined to be incomplete by the certifying
agency, an extension of the federal period for certification cannot be ob-
tained, and the federal period for certification will expire before the certi-
fying agency can receive and properly review the missing information,
the certifying agency shall deny without prejudice certification for any
discharge resulting from the proposed acfivity unless the apjDlicant in
writing withdraws the request for certification.
(c) When a complete applicafion is received, the applicant, the federal
agency, and EPA shall be nofified no later than 30 days after I'eceipt of
the application.
(d) A request for certificafion shall be considered valid if and only if
a complete application is received by the certifying agency.
NOTE: Authority cited: Section 1058. Water Code. Reference: 26 USC Section
169. 40 CFR Section 20; 1 5 USC Section 636, 40 CFR Section 2 1 ; 33 UJiC Section
1341 ; Section 13160, Water Code; Sections 44533 and 44539, Health and Safety
Code; and Section 65943, Government Code.
History
1 . Amendment of section heading, section and Note filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
§ 3836. Additional information.
(a) Once a certifying agency determines that an application is com-
plete, it may request further information from the applicant. Such in-
formation must clarify, amplify, correct, or otherwise supplement the
contents of a complete application in order for the certifying agency to
determine whether a certification should be issued. Supplemental in-
formation may include evidence of compliance with appropriate; require-
ments of a water quality control plan.
•
•
Page 158.38
Register 2007, No. 5; 2 -2-2007
Title 23 State Water Resources Control Board § 3836
(b) If an application is determined to be complete by the certifying properly review the supplemental information, the certifying agency
agency but supplemental information is requested by the certifying shall deny without prejudice certification for any discharge resulting
agency pursuant to Subsection (a) of this Section, an extension of the fed- from the proposed activity unless the applicant in writing withdraw s the
eral period for certification cannot be obtained, and the federal period for request for certification,
certification will expire before the certifying agency can receive and
[The next page is 158.39.]
Page 158.38(a) Register 2007, No.S; 2-2-2^7
Title 23
State Water Resources Control Board
§3849
(c) ir an application is determined to be complete by the certifying
agency, but CEQA requires that the certifying agency review a final envi-
ronmental document before taking a certification action, an extension of
the federal period for certification cannot be obtained, and the federal pe-
riod for certification will expire before the certifying agency can receive
and properly review the necessary environmental documentation, the
certifying agency shall deny without prejudice certification for any dis-
charge resulting from the proposed activity unless the applicant in writ-
ing withdraws the request for certification.
NOTE: Authority cited: Section 1058, Water Code. Reference: 26 USC Section
1 69, 40 CFR Section 20; 1 .5 USC Section 636. 40 CFR Section 2 1 ; 33 USC Section
1.341: 40 CFR Section 121.2; Sections 13160 and 13160.1, Water Code; Sections
44533 and 44539. Health and Safety Code; Sections 2 1 100 and 2 1 100.2, (CEQA)
Public Resources Code; and Section 15111, State CEQA Guidelines.
History
1 . Amendment of section and Notk filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000. No. 21).
§ 3837. Denial of Certification.
(a) If certification is denied, the applicant shall be notified in writing
of the denial and the reasons for the denial. Written notification of the de-
nial shall be sent to the applicant, the state board or appropriate regional
board(s), the federal agency, EPA, and other persons and agencies
known to be interested no later than three (3) days after taking the certifi-
cation (denial) action.
(b) An application for water quality certification may be denied when:
( 1 ) the activity requiring a federal license or permit will result in a dis-
charge which will not comply with applicable water quality standards
and other appropriate requirements; or
(2) compliance with water quality standards and other appropriate re-
quirements is not yet necessarily determined, but the application suffers
from some procedural inadequacy (e.g., failure to provide a complete fee
or to meet CEQA requirements). In this case denial shall be without
prejudice.
Note: Authority cited: Section 1058, Water Code. Reference: 26 USC Section
1 69. 40 CFR Section 20; 1 5 USC Section 636, 40 CFR Section 2 1 ; 33 USC Section
1341; Section 13160, Water Code; and Sections 44533 and 44539, Health and
Safety Code.
History
1. Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000, No. 21).
§ 3838. Authority of Executive Director, Executive Officers,
and Regional Boards.
(a) The executive director, or his/her designee, is authorized to take all
actions coimected with applications for certification, including issuance
and denial of certification.
(b) An executive officer is authorized to receive applications for water
quality certification and to take water quality certification action on acti-
vities associated with such applications within the executive officer's re-
gion of jurisdiction, except as otherwise provided in Subsecfion 3855(b)
of this Chapter.
(c) A regional board, at its discretion, may take any action its executive
officer is authorized to take under Subsecfion (b) of this Section. If a re-
gional board directs that a water quality certification action will be taken
by that regional board, but an extension of the federal period for certifica-
tion cannot be obtained, and the federal period for certification will ex-
pire before the regional board can take an action, the executive officer
shall deny without prejudice certification for any discharge resulting
from the proposed activity before the period allowed for certification ex-
pires, unless the applicant in writing withdraws the request for certifica-
tion. Such denial shall be in effect only until the regional board takes an
action on the request for certification. The applicant shall not be required
to submit a new application or supply an additional fee before the region-
al board takes an action, unless the project changes significantiy in scope
or potential for adverse impact and further technical review is necessary.
NOTE: Authority cited: Section 1058. Water Code. Reference: 26 USC Section
169, 40 era Section 20; 15 USC Section 636, 40 CFR Section 21 ; 33 USC Section
1341; Sections 7, 1059 and 13160, Water Code; and Sections 44533 and 44539.
Health and Safety Code.
History
1. Amendment of section heading, section and NoTi-; filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
Article 2. Tax Certifications
§ 3841. Application Forms; Compliance with Federal
Regulations.
(a) Applications shall be made on forms provided by EPA.
(b) Issuance of Tax Certifications is subject to compliance with appli-
cable federal regulations (current federal regulations are contained in 40
CFR Part 20).
NOTE: Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Refer-
ence: 26 USC 169, 40 CFR 20.
§ 3842. Filing of Application.
The application shall be filed with the executive officer of the regional
board having jurisdiction over any discharge. If no discharge will occur,
the application shall be filed with the executive officer of the regional
board having jurisdiction over the site of the facility.
NOTE: Authority cited: Sections 1058, 13160, and 13160.1. Water Code. Refer-
ence: 26 USC 169, 40 CFR 20.
§ 3843. Reports of Waste Discharge.
The application shall be accompanied by a report of waste discharge
or a report of material change in waste discharge as required by Water
Code Section 1 3260 unless there are existing waste discharge require-
ments for the facility, or the facility discharges to a community sewer sys-
tem.
NOTE: Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Refer-
ence: 26 USC 169, 40 CFR 20.
§ 3844. Regional Board Action.
(a) The regional board executive officer shall promptiy review the
completed application and shall recommend either issuance or denial of
the certification by the state board. A recommendation to deny shall be
accompanied by a report detailing the reasons for the recommendation.
(b) If the review indicates that adoption or revision of waste discharge
requirements is necessary, action to adopt or revise the waste discharge
requirements shall be immediately undertaken.
NOTE; Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Refer-
ence: 26 USC 169, 40 CFR 20.
§ 3845. Issuance of Certification.
(a) After review of the regional board recommendation, the executive
director shall issue or deny the certification.
(b) The certification shall be issued if the executive director deter-
mines that the facility is in conformity with state programs and require-
ments for abatement or control of water pollution.
(c) If issued, the certification will be forwarded to EPA. A copy of the
certification will be sent to the appropriate regional board and the appli-
cant.
NOTE: Authority cited: Sections 1058, 13160, and 13160.1, Water Code. Refer-
ence: 26 USC 169, 40 CFR 20.
Article 3. Small Business Certifications
§ 3848. Federal Regulations; Delegation.
NOTE: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15
USC 636, 40 CFR 21.
History
1. Repealer of article 3 (sections 3848-3852) and section filed 1-9 97; operative
2-8-97 (Register 97, No. 2).
§ 3849. Filing of Applications.
NOTE: Authority cited; Sections 1058 and 13160, Water Code. Reference: 15
USC 636, 40 CFR 21.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Page 158.39
Register 2003, No. 52; 12-26-2003
§ 3850
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
§ 3850. Content of Applications.
NOTK: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15
use 636. 40 CFR 21.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3851. Review and Issuance of Certifications.
NOTE: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15
use 636. 40 CFR 21.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
§ 3852. Utilization of Certification.
NOTE: Authority cited: Sections 1058 and 13160, Water Code. Reference: 15
use 636, 40 CFR 21.
History
1. Repealer filed 1-9-97; operative 2-8-97 (Register 97, No. 2).
Article 4. Water Quality Certification
§ 3855. Filing of Application.
(a)( I ) An application for water quality certification shall be filed with
the regional board executive officer in whose region a discharge may oc-
cur except as provided in Subsection (b) of this Section.
(2) Notice of the application shall be sent by the applicant to the state
board executive director whenever the proposed activities may involve
a FERC-licensed facility.
(b)( 1 ) An application for water quality certification shall be filed with
the state board executive director, and notification of the application pro-
vided by the applicant to each regional board executive officer in whose
region a discharge may occur, whenever a potential discharge from a pro-
posed activity:
(A) may fall under the jurisdiction of more than one regional board,
or
(B) is involved or associated with one or more of the following:
1 . an appropriation of water, subject to Part 2 (commencing with Sec-
tion 1200) of Division 2 of the Water Code;
2. a hydroelectric facility, and the proposed activity requires a FERC
license or amendment to a FERC license; or
3. any otherdiversionof water for domestic, irrigation, power, munici-
pal, industrial, or other beneficial use.
(2)(A) For an application subject to Subsection (b)(l )(A) of this Sec-
tion, copies of the application shall be provided by the applicant to the
executive officers of those regional board regions that may be affected
by a proposed activity. Those executive officers shall transmit to the
executive director, before the federal period for certification expires, any
appropriate recommendations and conditions necessary to ensure that
the proposed activities will comply with water quality standards and oth-
er appropriate requirements within their regions.
(B) For applications subject to Subsection (b)( 1 )(B) of this Section, the
executive director shall forward to the executive officer of the appropri-
ate regional board copies of any porfions of the applicafion that may be
relevant to adverse water quality impacts, other than specific impacts re-
sulting from alteration/modification to instream flows, from the pro-
posed activity. The executive officer shall review for water quality con-
cerns the relevant porfions of the application and transmit back to the
executive director any appropriate recommendations and conditions nec-
essary to ensure that the activity will comply with water quality standards
and other appropriate requirements.
NOTE; Authority cited: Section 1058, Water Code. Reference: 33 USC Secdon
1341; and Sections 1059 and 13160, Water Code.
History
1 . Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000, No. 21).
§ 3856. Contents of a Complete Application.
A complete applicafion shall include all of the following information
and items:
(a) The name, address, and telephone number of:
( 1 ) the applicant, and
(2) the applicant's agent (if an agent is submitting the apolication).
(b) A full, technically accurate description, including the purpose and
final goal, of the entire activity.
(c) Complete identification of all federal licenses/permits being
sought for or applying to the proposed activity, including the:
( 1 ) federal agency:
(2) type (e.g., individual license, regional general permit, nationwide
permit, etc.);
(3) licen.se/permit number(s) (e.g., nationwide permit number), if ap-
plicable; and
(4) file number(s) assigned by the federal agency(ies), if available.
(d) Complete copies of either:
(1) the application(s) for federal license(s)/permit(s) being sought for
the activity, or,
(2) if no federal applications are required, any notification(s) concern-
ing the proposed activity issued by the federal agency(ies), or,
(3) if no federal notifications are issued, any correspondence between
the applicant and the federal agency(ies) describing or disi;ussing the
proposed activity.
If no application, notification, correspondence or other document
must be exchanged between the applicant and federal agency(ies) prior
to the start of the activity, the application shall include a writtea statement
to this effect.
(e) Copies of any final and signed federal, state, and local licenses, per-
mits, and agreements (or copies of the draft documents, if not finalized)
that will be required for any construction, operation, maintenance, or oth-
er actions associated with the activity. If no final or draft document is
available, a list of all remaining agency regulatory approvals being
sought shall be included.
If the federal licenses or permits required for the activity include a
FERC license or amendment to a FERC license, a complete copy of a
draft application for the FERC license or amendment of the FERC license
meeting the requirements of Subsection 4.38(c)(4) of Tide 1 8 iDf the Code
of Federal Regulations is required.
(f) A copy of any draft or final CEQA document(s), if available, pre-
pared for the activity. Although CEQA documentation is not required for
a complete application, the certifying agency shall be provided with and
have ample time to properly review a final copy of valid CEQA docu-
mentation before taking a certification action.
(g) The correct fee deposit, as identified in Section 3833 of this Chap-
ter.
(h) A complete project description, including:
(1) Name(s) of any receiving water body(ies) that may receive a dis-
charge.
(2) Type(s) of receiving water body(ies) (e.g., at a minimum: river/
streambed, lake/reservoir, ocean/estuary/bay, riparian area, or wetland
type).
(3) Location of the activity area in latitude and longitude, ir township/
range, or clearly indicated on a published map of suitable detail, quality,
and scale to allow the certifying agency to easily identify the area and wa-
ter body(ies) receiving any discharge.
(4) For each water body type reported under Subsection (h)(2) of this
Section, the total estimated quantity of waters of the United States that
may be adversely impacted temporarily or permanentiy by a discharge
or by dredging.
The estimated quantity of waters to be adversely impacted Dy any dis-
charge shall be reported in acres and (for channels, shorelines, riparian
corridors, and other linear habitat) linear feet, except that dredging esti-
mates shall be reported in cubic yards.
(5) The total estimated quantity (in acres and, where appropriate, lin-
ear feet) of waters of the United States, by type (see Subsection (h)(2) of
this Section) proposed to be created, restored, enhanced, purcliased from
a mitigation or conservation bank, set aside for protection, or otherwise
Page 158.40
Register 2003, No. 52; 12-26-2003
Title 23
State Water Resources Control Board
§ 3861
identified as eompensatory mitigation for any anticipated adverse im-
pacts. If compensatory mitigation is to be provided in some other form,
that shall he explained.
(6) A description of any other steps that have been or will be taken to
avoid, minimize, or compensate for loss of or significant adverse impacts
to beneficial uses of waters of the state.
(7) The total size (in acres), length (in feet) where appropriate, type,
and description of the entire project area, including areas outside of juris-
dictional waters of the United States.
(8) A brief list/description, including estimated adverse impacts of any
projects implemented by the applicant within the last five years or
planned for implementation by the applicant within the next five years
that are in any way related to the proposed activity or that may impact the
same receiving water body(ies) as the proposed activity. For purposes of
this item, the water body extends to a named source or stream segment
identified in the relevant basin plan.
A complete application for water quality certification need not contain
unnecessarily duplicative information. If the copy of a federal applica-
tion contains information requested in this Section, that specific informa-
tion need not be provided elsewhere in the application provided that the
application clearly indicates where all required information and items are
to be found.
NOTE: Authority cited: Section 1058, Water Code. Reference: 33 USC Section
1 341; 40 CFR Section 121.2; Sections 13160 and 13160.1, Water Code; and Sec-
tion 21080, Public Resources Code.
History
1. Amendment of section heading, section and Note-: filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
§ 3857. Waste Discharge Requirements.
Nothing in this article is intended to limit or prevent the state board or
regional boards in any way from issuing or waiving issuance of waste dis-
charge requirements for any activity.
NOTE: Authority cited: Section 1058, Water Code. Reference: 33 USC Section
1341; and Sections 13160, 13260 and 13263; Water Code.
History
1 . Amendment of section heading, repealer and new section, and amendment of
Notk filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§ 3858. Public Notice and Hearings.
(a) The executive director or the executive officer with whom an ap-
plication for certification is filed shall provide public notice of an ap-
plication at least twenty-one (21) days before taking certification action
on the application, unless the public notice requirement has been ade-
quately satisfied by the applicant or federal agency. If the applicant or
federal agency provides public notice, it shall be in a manner and to an
extent fully equivalent to that normally provided by the certifying
agency. If an emergency requires that certification be issued in less than
21 days, public notice shall be provided as much in advance of issuance
as possible, but no later than simultaneously with issuance of certifica-
tion.
(b) The state board or a regional board may hold a public hearing with
respect to any application for certification.
NOTE: Authority cited: Section 1058, Water Code. Reference: 33 USC Section
1341; and Sections 179, 183, 1059 and 13160, Water Code.
History
1. Amendment of section heading, section and Note filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
§ 3859. Action on an Application.
(a) After review of the application, all relevant data, and any recom-
mendations of a regional board, other state and federal agencies, and any
interested person, the state board, the execudve director, when acting as
the state board' s designee, or execudve officer, as provided in Subsection
(c) of this Section, shall issue certification or deny certification for any
discharge resulting from a pertinent activity before the federal period for
certification expires. Conditions shall be added to any certification, if
necessary, to ensure that all activities will comply with applicable water
quality standards and other appropriate requirements. Copies of any cer-
tification or denial of certification issued shall be sent to the applicant.
the state board (if not the certifying agency), appropriate rcyit)nal
board(s) (if not the certifying agency[ies]), EPA, the federal agency, and
all other parties known to be interested no later than three (3) days, after
taking the cerfification action. A written certification or denial shall in-
clude:
( 1 ) the name(s) of the receiving water body(ies) and the number! s) of
the hydrologic unit(s) that contain(s) the receiving water body(ics). if
available;
(2) the cerfification action being taken and a complete list of any condi-
tions; and
(3) a suitable summary of the information provided by the applicant
as listed in Subsections 3856(a), (b), (c). and (h) of this Chapter.
(b) After such review, if it is clear that all proposed acti\ity(ics) will
comply with water quality standards and other appropriate requirements,
the state board, executive director, regional board, or executix e officer,
as provided in Subsection 3859(c) of this Chapter, may issue a standard
certification, subject only to the conditions in Section 3860 of this Chap-
ter.
(c) For applications submitted pursuant to Subsection 3855fa) of this
Chapter, the regional board or executive officer shall take a certification
action under this Section. For applications submitted pursuant to Subsec-
tion 3855(b) of this Chapter, the state board or executive director shall
take a certification action under this Section.
Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section
1341; and Sections 1059 and 13160, Water Code.
History
1 . Amendment of section heading, section and Note filed 5-25-2000; operative
6-24-2000 (Register 2000, No. 21).
§ 3860. Standard Conditions.
The following shall be included as conditions of all water quality certi-
fication actions:
(a) Every certification action is subject to modification or revocation
upon administrative or judicial review, including review and amendment
pursuant to Section 13330 of the Water Code and Article 6 (commencing
with Section 3867) of this Chapter.
(b) Certification is not intended and shall not be construed to apply to
any activity involving a hydroelectric facility and requiring a FERC li-
cense or an amendment to a FERC license unless the pertinent certifica-
tion application was filed pursuant to Subsection 3855(b) of this Chapter
and that application specifically identified that a FERC license or amend-
ment to a FERC license for a hydroelectric facility was being sought.
(c) Certification is conditioned upon total payment of any fee required
under this Chapter and owed by the applicant.
Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section
1341; and Sections 1059, 13160, 13160.1 and 13321, Water Code.
History
1. New section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21 ).
§ 3861 . Water Quality Certification for Classes of
Activities.
(a) A certifying agency may, on its own motion, take a "general" certi-
fication action on discharges within its own geographic area of jurisdic-
tion that may result from a class or classes of activities. No application
is required for a general certification action issued under this Section.
(b) A class of activities receiving general certification shall:
( 1 ) consist of the same or similar types of activities;
(2) involve the same or similar types of discharges and possible ad-
verse impacts requiring the same or similar certification conditions or li-
mitations in order to alleviate potential adverse impacts to water quality;
and
(3) be determined by the certifying agency to more appropriately be
regulated under a general certification action than under individual certi-
fication actions.
(c) General certification:
( 1 ) shall apply only to activities subject to federal licenses and permits,
issued in reliance on such certification, during a fixed term not to exceed
five years after the general certification is issued;
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(2) shall require public notification at least 45 days before general cer-
tification is issued;
(3) shall be conditioned to require subsequent notification to the ap-
propriate regional board(s) and to the state board by proponents of proj-
ects to which the action applies no less than 21 days before any activity
which may result in a discharge is commenced; and to include appropri-
ate monitoring and agency-reporting requirements for all activities sub-
ject to federal licenses and permits issued in reliance on such certifica-
tion;
(4) may require payment of the notification fee from Subsection
3833(b)(3) of this Chapter by project proponents;
(5) shall meet all other applicable requirements of this Chapter and
CEQA.
(d) A certifying agency may issue general certification only if the acti-
vities to be certified individually or cumulatively will not have any of the
following impacts, taking into account the probable effectiveness of any
conditions or certification in avoiding or mitigating such impacts:
(1) Significant adverse impacts on water quality that could feasibly be
avoided if individual certification, for proposed activities seeking indi-
vidual federal licenses or permits, was issued.
(2) Violation of any water quality objectives adopted or approved un-
der Sections 13170 or 13245 of the Water Code.
(3) The taking of any candidate, threatened, or endangered species or
the violation of the federal Endangered Species Act (16 USC Section
1531 et seq.) or the California Endangered Species Act (Fish and Game
Code Section 2050 et seq.).
(4) Exposure of people or structures to potential substantial adverse ef-
fects — including the risk of loss, injury, or death — from flooding, land-
slides, or soil erosion.
(e) The certifying agency may review and revise or revoke (change)
a general certification. Any change to a general certification made by the
certifying agency pursuant to this subsection shall not apply to activities
subject to a federal license or permit issued before such a change is made.
Note: Authority cited: Section 1058, Water Code. Reference: 33 USC Section
1341: and Sections 1059, 13160, 13160.1 and 13321, Water Code.
History
1. New section filed 5-25-2000: operative 6-24-2000 (Register 2000, No. 21).
Article 5. Pollution Control Certifications
§ 3862. Filing of Applications.
All applications for Pollution Control Certification shall be filed with
the California Pollution Control Financing Authority as a part of any
application for financing from the Authority.
NOTE: Authority cited: Section 1058, Water Code. Reference: Sections 44533 and
44539, Health and Safety Code.
§ 3863. Contents of Application.
Applications shall include:
(a) A detailed description of the proposed project, the need for the proj-
ect and the manner in which the project, as designed, will further com-
pliance with federal, state or local water poUufion standards and require-
ments.
(b) A copy of the federal, state or local water pollution standard and
requirement involved.
(c) A copy of any report of waste discharge filed by the applicant in
connection with the project, and any waste discharge requirements
adopted or proposed for the project.
(d) If the project involves wastewater treatment facilities, a detailed
description of how the facilifies will be operated, including operating
procedures, organizational structure, minimum personnel requirements
for proper operation and maintenance, and operator training programs.
NOTE; Authority cited: Section 1058, Water Code. Reference: Sections 44533 and
44539, Health and Safety Code.
§ 3864. Review of Applications, Issuance of Certifications.
(a) Applicafions will normally be reviewed and certifications issued
by the regional board having jurisdiction over any discharge of waste to
waters of the state connected with the project. If the project does not in-
volve a discharge, review and certification will be handled by the region-
al board having jurisdicfion over the site of the project.
(b) Upon request of the Authority, or of a regional board, review and
issuance of certification may be handled by the state board.
NOTH: Authority cited: Section 1058, Water Code. Reference: Secticms 44533 and
44539, Health and Safety Code.
Article 6. Petitions to State Board
§ 3867. Petitions for State Board Reconsideration.
(a)( 1 ) An aggrieved person may petition the state board to reconsider
an action or failure to act taken by the execudve director, a regional
board, or an executive officer under Articles 1 through 5 of tliis Chapter.
The executive director may be designated by the state board to reconsider
such an action or failure to act by an executive officer or reg; onal board.
(2) A fee determinafion under subdivision ( 1 ) of subdivision (b) of sec-
tion 3833 or secfion 3833.1, made by the state board or by an officer or
employee of the board acfing under delegated authority, is subject to re-
consideration in accordance with chapter 4 (commencing with Section
1 120) of part 1 of division 2 of the Water Code and the procedures set
forth in Arficle 12 (commencing with section 768) of chapter 2 of divi-
sion 3 of this title, and is not subject to the procedures set forth in this sec-
tion. The petition also shall specify why the petitioner believes that no fee
is due or how the pefitioner believes that the amount of the fee has been
miscalculated.
(b)(1) The state board and the executive director, when acting as the
state board's designee, may undertake such reconsideration en their own
mofion. They shall nofify the applicant (if any), the federal agency, and
all interested persons known to the state board or executive director and
give those notified the opportunity to submit informadon and comments
before taking a final reconsideraUon action (as listed in Subsection
3869(a) of this Chapter).
(2) If such reconsiderafion is initiated more than thirty (30) days after
the certification action in question, any rescission or amend Tient of the
certification acfion resulting from such reconsiderafion shall not apply to
any acUvifies subject to a federal license or permit that:
(A) was issued in reliance on that certification action, and
(B) was issued before the federal agency was nofified that liuch recon-
sideration had been inifiated.
(3) Nothing in Subsecfion (b) of this Section is intended to limit the
authority of a federal agency to issue a new or amended license or permit
that incorporates any changes ordered by the state board or e):ecutive di-
rector following reconsideration of a certification action.
(c) A petition for reconsideration shall be submitted in wrifing to and
received by the state board within 30 days of any action or failure to act
taken by the executive director, a regional board, or an executive officer
under Articles 1 through 5 of this Chapter.
(d) A peUfion shall contain:
(1) the name, address, and telephone number of the pefitioner;
(2) the specific acfion or failure to act which the state b>oard is re-
quested to reconsider and a copy of any document issuing or denying cer-
fification that is referred to in the pefifion;
(3) the date on which the certification action or failure to act occurred;
(4) a full and complete statement of reasons why the acfion or failure
to act was inappropriate or improper;
(5) the manner in which the petifioner is aggrieved;
(6) the specific action by the state board which the pefifioner requests;
(7) a list of persons, if any, other than the petitioner and applicant, if
not the pefitioner, known to have an interest in the subject rr atter of the
pefifion;
(8) a statement that the petifion has been sent to the appropriate region-
al board or execufive officer and to the applicant, if not the petifioner; and
Page 158.42
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State Water Resources Control Board
§3870
(9) a copy of a request to the executive director or appropriate execu-
tive officer for preparation of the state board or regional board staff re-
cord, if applicable and available, which will include a tape recording or
transcript of any pertinent regional board or staff hearing.
( 10) A summary of the manner in which and to what extent the peti-
tioner participated in any process (e.g., public hearing testimony, discus-
sion with agency personnel, correspondence), if available, leading to the
action or failure to act in question. If a process for participation was avail-
able, but the applicant did not participate, the petition shall include an ex-
planation for the petitioner's failure to participate.
NOTH: Authority cited: Sections 1038 and 13160.1, Water Code. Reference: 26
use Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21;
33 USC Section 1341; Sections 7, 183, 186. 1059, 13160 and 13160.1, Water
Code; and Sections 44533 and 44539, Health and Safety Code.
History
1. Amendment of section and Noth filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000, No. 21).
2. Amendment of subsections (a)-(b) and amendment of Notk filed 12-23-2003
as an emergency; operative 1-1-2004 (Register 2003, No. 52). Pursuant to Wa-
ter Code section 13160.1 this rulemaking action remains in effect until revised
by the State Water Resources Control Board.
§ 3867.1 . Response to Complete Petitions.
After receipt of a petition that complies with Section 3867 of this
Chapter, the state board or executive director, if acting as the state
board's designee, shall give written notification to the petitioner, appli-
cant (if not the petitioner), appropriate executive officer(s), appropriate
regional board(s), and other interested persons that they shall have 20
days from the date of mailing such notification to file a response to the
petition with the state board. Respondents to petitions shall also send co-
pies of their responses to the petitioner, the applicant (if not the petition-
er), and the appropriate executive officer(s). The executive director or
executive officer shall file the record specified in Subsection 3867(d)(9)
of this Chapter with the state board within this 20-day period. The time
for filing a response may be extended by the state board or executive di-
rector, if acting as the state board's designee.
NOTE: Authority cited: Section 1058, Water Code. Reference: 26 USC Section
169, 40 CFR Section 20; 1 5 USC Section 636, 40 CP'R Section 2 1 ; 33 USC Section
134 1; Sections 7, 183, 186, 1059 and 13160, Water Code; and Sections 44533 and
44539, Health and Safety Code.
History
1. New section filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
§ 3868. Defective Petitions.
After receipt of a petition that does not comply with Section 3867 of
this Chapter, the petitioner will be notified in what respect the petition is
defective and the time within which an amended petition may be filed.
If a properly amended petition is not received by the state board within
the time allowed, the petition shall be dismissed unless good cause is
shown for an extension of time.
NOTE: Authority cited: Section 1058, Water Code. Reference: 26 USC Section
169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21 ; 33 USC Section
1341; Sections 7, 183, 186, 1059 and 13160, Water Code; and Sections 44533 and
44539, Health and Safety Code.
History
1 . Amendment of section and Note filed 5-25-2000; operative 6-24-2000 (Reg-
ister 2000, No. 21).
§ 3869. Action on a Petition.
(a) Following examination of the petition and any necessary portion
of the record, the state board or executive director, when acting as the
state board's designee, may:
( 1 ) refuse to reconsider the action or failure to act of the executive di-
rector (state board only), regional board, or executive officer if the peti-
tion fails to raise substantial issues that are appropriate for reconsidera-
tion;
(2) deny the petition upon a finding that the original action or failure
to act was appropriate and proper;
(3) set aside or modify, if possible, the previous action or take new ap-
propriate action; or
(4) direct the executive director (state board only), executive officer,
or regional board to take appropriate action.
(b) The state board or executive director, if acfing as the state board's
designee, may augment the record by:
(1) requesting additional written material; or
(2) holding a public hearing, pursuant to the State Board's hearing reg-
ulations (Title 23, California Code of Regulations, Sections 648-648.8).
Whenever additional written material is to be added to the record, the
state board or executive director, if acting as the state board's designee,
shall provide written notification to all interested persons concerning the
nature and kind of the additional written material, that the additional ma-
terial may be viewed and copied at the offices of the state board, and that
they shall have 30 days from the date of mailing such notification to file
written comments concerning the additional information with the state
board.
(c) The state board or executive director, when acting as the state
board's designee, may hold action on a petition in abeyance if agreed
upon in writing by the petitioner and the applicant (if not the petitioner).
(d) An aggrieved person may petition the state board or executive di-
rector, when acting as the state board's designee, for a stay of the effect
of an action under this Chapter by a regional board, execufive officer, or
the executive director (state board only). Petitions for a stay are subject
to the following requirements:
(1) A stay shall be granted only if the pefifioner alleges facts and pro-
duces proof of:
(A) substantial harm to the petitioner or to the public interest if the stay
is not granted;
(B) lack of substantial harm to other interested persons and the public
interest if a stay is granted, or the harm which would result from the stay
being granted substantially outweighed by the harm which would occur
if no stay is granted; and
(C) substantial quesUons of fact or law regarding the disputed action.
(2) A petition for a stay shall be supported by an affidavit from a person
or persons having knowledge of the facts alleged. Upon a documented
showing by the petitioner that it complies with the prerequisites for a stay,
the state board or the executive director (when not the originator of the
action in question) may hold a hearing. A request for a stay may be issued
or denied without a hearing. If a hearing is held, notice shall be given in
such manner and to such persons, in addition to the petitioner, as the
board or execufive director (when not the originator of the action in ques-
tion) deems appropriate.
(3) Nothing in Subsection 3869(d)( 1 ) of this Chapter shall preclude the
state board or execufive director, when acting as the state board's desig-
nee, from issuing a stay of the effect of an action under this Chapter by
a regional board, an execufive officer, or the execufive director (state
board only), upon their own mofion. The requirement for an affidavit
may be waived by the state board or the executive director (when not the
originator of the action in quesfion).
NOTE: Authority cited: Section 1058, Water Code. Reference: 26 USC Section
169, 40 CFR Secfion 20; 15 USC Section 636, 40CFK Section 21 ; 33 USC Section
1341; Sections 7, 183, 186 and 1059, Water Code; and Sections 44533 and 44539,
Health and Safety Code.
History
1 . Amendment of section heading, repealer and new section, and amendment of
Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21 ).
Chapter 29. Contracting with Private
Architectural, Landscape Architectural,
Engineering, Environmental, Land
Surveying, or Construction Project
Management Firms
§ 3870. Definitions.
As used in this chapter:
(a) "Architectural, landscape architectural, engineering, environmen-
tal, and land surveying services," "construction project management,"
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§3871
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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and "environmental services" have the same meaning as defined in Sec-
tion 4525 of the Government Code.
(b) "Board" means either the State Water Resources Control Board or
a California Regional Water Quality Control Board.
(c) "Disabled veteran business enterprise" has the same meaning as
defined in Section 999 of the Military and Veterans Code.
(d) "Emergency" has the same meaning as defined in Section 11 02 of
the Public Contract Code.
(e) "Firm" means an individual, firm, partnership, corporation,
association, or other legal entity permitted by law to practice the profes-
sion of architecture, landscape architecture, engineering, environmental
services, land surveying, or construction project management.
(f) "Small business firm" has the same meaning as defined in Section
14837 of the Government Code.
NOTK: Authority cited: Section 4526, Government Code. Reference: Sections
4525-4529.10 and 14837. Government Code; Section 999, Military and Veterans
Code; and Section 1 102, Public Contract Code.
History
1 . New chapter 29 (sections 3870-3880) and section filed 6-1 9-2000 as an emer-
gency: operative 6-19-2000 (Register 2000, No. 25). A Certificate of Com-
pliance must be transmitted to OAL by 10-17-2000 or emergency language
will be repealed by operation of law on the following day.
2. New chapter 29 (sections 3870-3880) and section refiled 10-12-2000 as an
emergency; operative 10-18-2000 (Register 2000, No. 41). A Certificate of
Compliance must be transmitted to OAL by 2-15-2001 or emergency language
will be repealed by operation of law on the following day.
3. New chapter 29 (sections 3870-3880) and section refiled 2-14-2001 as an
emergency, including amendment of Note; operative 2-15-2001 (Register
2001, No. 7). A Certificate of Compliance must be transmitted to OAL by
6-15-2001 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3871 . Establishment of Criteria.
(a) Each time the board intends to contract with a firm for a service
identified in Section 3870, subdivision (a), the board shall utilize the fol-
lowing criteria for selecting a firm:
(1) the firm's professional experience in performing similar services;
(2) the quality and timeliness of the firm' s recently completed or ongo-
ing work;
(3) the firm's reliability, continuity, and location;
(4) the firm's staffing capability;
(5) the education and experience of key personnel the firm intends to
assign to the contract;
(6) the firm's knowledge of applicable regulations and technology
associated with the services required; and
(7) other factors the board deems relevant to the specific task to be per-
formed.
(b) The board shall weigh the factors identified in subdivision (a) ac-
cording to the nature of the proposed project, the complexity and special
requirements of the specific project, and the needs of the board.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527, 4529.5 and 4529.12, Government Code.
History
1. New secdon filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 0-1 2-2000 as an emergency; operative 10-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of
Notk; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-15-2001 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3872. Announcement.
(a) The board shall publish a statewide announcement of tne proposed
project.
(b) In addition to the announcement specified in subdivi;;ion (a), the
board may publish an annual statewide announcement rec nesting the
submittal of qualifications from firms wanting to be included on regional
lists of potentially available firms.
(c) An announcement issued pursuant to subdivision (a) or (b) shall be
published in the California State Contracts Register, in acco'dance with
title 2, division 3, part 5.5, chapter 6 of the Government Code (commenc-
ing with Section 14825), and in at least one print or electronic publication
of an appropriate professional society. Failure of a professional society
to publish the announcement shall not invalidate a contract. In addition
to these publications, an announcement issued pursuant to subdivision
(a) shall be sent to firms on current applicable annual regional lists, if any.
(d) The board may maintain a mailing list of firms that have requested
announcements issued pursuant to subdivisions (a) or (b) and published
pursuant to subdivision (c). The board may provide copies of announce-
ments to those firms. Failure of the board to send a copy of an announce-
ment to a firm shall not in\'alidate a contract.
(e) An announcement issued pursuant to subdivision (a) shall contain
the following information:
( 1 ) a description of the work to be performed;
(2) the criteria upon which the award will be based;
(3) submittal requirements and deadlines; and
(4) the name and phone number of a person to contact for further sub-
mittal information.
(f) An announcement issued pursuant to subdivision (b) sf all contain
the following information:
(1) a request for a statement of qualifications and performance data;
(2) a description of the type of services that the statement should ad-
dress;
(3) an explanation of how the information will be used to hire firms,
including geographical limitations and expiration dates;
(4) submittal requirements and deadlines; and
(5) the name and phone number of a person to contact for farther sub-
mittal information.
(g) The board shall endeavor to identify potentially qualified small
business firms interested in contracting with the board, and sh ill provide
copies of the announcements to those small business firms that have indi-
cated an interest in receiving the announcements. Failure of the board to
send a copy of an announcement to a firm shall not invalidate a contract.
NOTE; Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4527 and 4529.12, Government Code.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation cf law on the
following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-18- 2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendnent of sub-
section (c), new subsection (d), subsection relettering and amendment of Note;
operative 2-15-2001 (Register 2001, No. 7). A Certificate of Compliance must
be transmitted to OAL by 6-15-2001 or emergency language will be repealed
by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3873. Selection of Qualified Firms.
(a) After the final response date stated in the announcement issued pur-
suant to Section 3872, subdivision (a), the board shall review the written
responses to the announcement together with statements of qualifica-
tions submitted by firms on the current applicable annual regional list, if
any, for the region in which the contract will be performed. The board
shall evaluate submissions using the selection criteria contained in the
announcement issued pursuant to Section 3872, subdivision (a). The
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State Water Resources Control Board
§3877
board shall rank, in order of preference based on the criteria set forth in
the announcement, the firms determined to be qualified to perform the
required services.
(b) The board shall conduct interviews with no fewer than the three
highest ranked firms to discuss qualifications and methods for furnishing
the required services.
(c) From the interviewed firms, the board shall select, in order of pref-
erence, no fewer than three firms determined to be the most highly quali-
fied to perform the required services.
(d) In the event the board concludes that there are fewer than three
firms determined to be qualified to perform the required services, the
board may proceed by interviewing all the firms determined to be quali-
fied. Failure of the board to interview three firms shall not invalidate a
contract if the board interviews all firms that the board determines to be
qualified to perform the required services.
Note-. Authority cited; Section 4526, Government Code. Reference; Sections
4526, 4527 and 4529.12, Government Code.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-1 5-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of
Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-1 5-200 1 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3874. Estimate of Value of Services.
(a) Before interviewing a firm, the board shall prepare an estimate of
the value of the proposed project based upon accepted rates for compara-
ble services. The estimate shall serve as a guide during contract negoti-
ations to evaluate a fair and reasonable compensation.
(b) If at any time the board determines its estimate to be unrealistic due
to changing market costs, special conditions, or other relevant consider-
ations, the board shall reevaluate and modify the estimate as necessary.
(c) The board's estimate shall remain confidential until the award of
the contract or abandonment of any further procedure for the services to
which it relates.
NOTE: Authority cited; Section 4526, Government Code. Reference; Sections
4526, 4526.5, 4528 and 4529.12, Government Code.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 0-1 2-2000 as an emergency; operative 1 0-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of
Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-15-2001 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3875. Contract Negotiation.
(a) The board shall implement the following procedure to negotiate
fees and execute a contract:
(1) notify the successful firm of its selection;
(2) provide the firm with written instructions for the ensuing negoti-
ations;
(3) begin negotiations within 14 days of the firm's receipt of selection
notification or upon receipt of the firm's cost proposal or, if additional
time is necessary, notify the firm of a later negotiation date;
(4) if an agreement is successfully negotiated, the board and the firm
shall proceed to execute a contract so that the board may complete the
contract within 45 days of the date the contract is signed by the board and
the firm. The board shall notify the firm if additional time is necessary
to complete the contract.
(b) The board shall attempt to negotiate a satisfactory contract with the
firm most highly qualified to perform the required services, as selected
according to Section 3873. at a compensation that the board determines
is fair and reasonable. If the board is unable to negotiate a satisfactory
contract, the board shall terminate negotiations with that firm. The board
shall then proceed in the same manner with the other firms selected ac-
cording to Section 3873, in the selected order.
(c) If the board is unable to negotiate a satisfactory contract with a se-
lected firm, the board may make additional selections from the qualified
firms, as provided for in Section 3873, and continue the negotiation pro-
cess or may terminate the negotiation process.
(d) If the board is unable to negotiate a satisfactory contract with a
qualified firm, the board shall abandon the negotiation process for the re-
quired services.
NoTE: Authority cited; Section 4526, Government Code. Reference; Sections
4526, 4526.5, 4528 and 4529.12, Government Code; and Section 6106. Public
Contract Code.
History
1. New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 0-1 2-2000 as an emergency; operative 1 0-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of
Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-15-2001 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3876. Statewide Participation Goals.
Upon execution of a contract, unless waived by the board, the firm
must meet the statewide participation goal of not less than three percent
for disabled veteran business enterprises or demonstrate that a good faith
effort was made to meet the goal, in order to comply with the statewide
participation goals as required by Titie 2, California Code of Regula-
tions, sections 1896.60-1896.64.
NoTE: Authority cited; Section 4526, Government Code. Reference; Section
4528, Government Code; Sections 999, 999.2 and 999.3, Military and Veterans
Code; Sections 10115, 10115.1 and 101 15.2. Public Contract Code; and MoH?e/rv
Mechanical Co. v. Wilson (9th Cir. 1997) 125 F.3d 702, 706, fn. 5, rehearing de-
nied (1998) 138 F.3d 1270.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency; operative 2-15-2001 (Regis-
ter 2001. No. 7). A Certificate of Compliance must be transmitted to OAL by
6-15-2001 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Comptiance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3877. Contract Amendments.
If the board determines that a change in the contract is necessary dur-
ing performance of the contract, the parties may amend the contract, by
mutual consent, in writing, and make a reasonable adjustment in the
firm's compensation.
NotE: Authority cited; Section 4526, Government Code. Reference; Sections
4526, 4528 and 4529.12, Government Code.
History
1. New section filed 6-19-2000 as an emergency; operative 6-19-20(X) (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
Page 158.45
Register 2004, No. 47; 11-19-2004
§3878
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2. New section refiled 10-1 2-2000 as an emergency; operative 1 0-1 8-2000 (Reg-
ister 2000. No. 41 ). A Certificate of Compliance must be transmitted to OAL
by 2-1 5-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of
NoTti; operative 2-15-2001 (Register 200irNo. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-15-2001 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001. No. 30).
§ 3878. Contracting in Phases.
The board is not required to negotiate the total contract compensation
provision when the contract is initially executed pursuant to Section
3875, subdivision (a)(4), if the following conditions are satisfied:
(a) the board determines it is necessary or desirable for a project to be
performed in phases;
(b) the board determines that the firm is the most highly qualified to
perform the entire project at a fair and reasonable price, excluding from
consideration firms with whom negotiations have been terminated pur-
suant to Section 3875, subdivision (b); and
(c) The contract between the board and the firm provides that the board
has an option to use the firm for other phases of the project and that the
firm will accept a fair and reasonable price to be later negotiated in accor-
dance with this chapter and reflected in a subsequent written instrument.
NOTE; Authority cited: Section 4526, Government Code. Reference: Sections
4526. 4526.5, 4528 and 4529.12, Government Code; and Secfion 6106, Pubhc
Contract Code.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 0-1 2-2000 as an emergency; operative 1 0-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2001 as an emergency, including amendment of
Note; operative 2-15-2001 (Register 2001, No. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-15-2001 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3879. Prohibited Practices.
(a) A board employee shall not participate in the selection process if
the employee has a relationship, as specified in Section 87100 of the Gov-
ernment Code, with a firm seeking a contract subject to this chapter.
(b) The board shall require a contract entered pursuant to this chapter
to include a provision in which the firm warrants that the contract was not
obtained through rebates, kickbacks, or other unlawful considerations ei-
ther promised or paid to a board employee. Failure to adhere to the war-
ranty may be cause for contract termination and recovery of damages un-
der the rights and remedies due the board under the default provision of
the contract.
(c) Nothing in this chapter shall be construed to abridge the obligation
of the board or the firm to comply with all laws regarding political con-
tribufions, conflicts of interest, or unlawful activities.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526, 4529.12 and 87100, Government Code.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
1 0- 1 7-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 0-12-2000 as an emergency; operative 10-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-15-2001 or emergency language will be repealed by operation of law on
the following day.
3. New section refiled 2-14-2(X)l as an emergency, including new subsection (c)
and amendment of Note; operative 2-15-2001 (Register 2001, No. 7). A Cer-
tificate of Compliance must be transmitted to OAL by 6- 1 5-200 1 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
§ 3880. Application of Chapter.
(a) This chapter shall not apply when the board determines that the
needed services are technical in nature, require little professional judg-
ment, and it is in the public interest to require competitive bids.
(b) This chapter shall not apply when the board determiners that these
procedures are not required because an emergency condition exists.
NOTE: Authority cited: Section 4526, Government Code. Reference: Sections
4526 and 4529. Government Code; and Section 1 102, Public Contract Code.
History
1 . New section filed 6-19-2000 as an emergency; operative 6-19-2000 (Register
2000, No. 25). A Certificate of Compliance must be transmitted to OAL by
10-17-2000 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 10-12-2000 as an emergency; operative 10-1 8-2000 (Reg-
ister 2000, No. 41). A Certificate of Compliance must be transmitted to OAL
by 2-1 5-2001 or emergency language will be repealed by operat on of law on
the following day.
3. New section refiled 2-14-2001 as an emergency; operative 2-15-2001 (Regis-
ter 2001, No. 7). A Certificate of Compliance must be transmitted to OAL by
6-15-2001 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 2-14-2001 order transmitted to OAL
6-15-2001 filed 7-26-2001 (Register 2001, No. 30).
Chapter 30. Electronic Submittal of
Information
Article 1 . General Provisions
§ 3890. General Intent, Content, and Applicability of
Regulations.
(a) The regulations in this Chapter are intended to provid(j electronic
access to reports, including soil, vapor, and water data, prepared for the
purpose of subsurface invesdgation or remediation of: (1) £.n unautho-
rized discharge or deposit of waste as defined in section 13050 of the Wa-
ter Code, (2) an unauthorized release of a hazardous substance as defined
in section 2528 1 of the Health and Safety Code, or (3) a discharge of
waste to land subject to Division 2 of Titie 27 or Division 3, (Chapter 15,
of Title 23 of the California Code of Regulations.
(b) The regulations in this Chapter require persons responsible for sub-
mitting certain reports to the State Board, a regional board, or a local
agency to submit these reports electronically over the Internet to the State
Board's Geotracker system.
(c) The requirements of this Chapter are in addition to, and not super-
seded by, any other applicable reporting requirements.
(d) Except as provided in Section 3895(b), the electronic reporting re-
quirements of this Chapter are intended to replace requirements for the
submittal of paper copies of reports, beginning July 1, 2005.
NOTE; Authority cited: Secdons 13196 and 13198(c), Water Code. Reference:
Sections 13196 and 13198, Water Code.
History
1. New chapter 30 (articles 1-2), article 1 (section 3890) and section filed
11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
Article 2. Electronic Submittal of
Information
§ 3891 . Definition of Terms.
"COELT" is the United States Army Corps of Engineers Leading Tool
program. It is a relational database application that is designed to run with
the Microsoft Windows operating system. COELT places laboratory
data into the standardized Electronic Deliverable Format (EDF). The
program can accept data from Laboratory Information Management Sys-
tem (LIMS) or manually entered data. COELT is an optional software ap-
plication that is intended to help laboratories that require new software
to produce the EDF data deliverable. COELT includes a repor: utility that
allows hard copy laboratory reports to be printed that match the actual
electronic data. For purposes of the requirements of this chapter, version
Page 158.46
Register 2004, No. 47; 11-19-2004
Title 23
State Water Resources Control Board
§ 3893
•
1 .2a of COELT may be used. The program (coeltl 2i.exe) and documents
(coclt 1.2i manual.zip) for version 1.2i of COELT are available through
links provided at http://www.swrcb.ca.gov/ust.
"CSRS-H" is the California Spatial Reference System-Horizontal,
which includes the High Precision Geodetic Network (HPGN), the High
Precision Geodetic Network-Densification (HPGN-D) and other geo-
detic control positions. These control positions have been determined by
Global Positioning System survey methods in accordance with first order
or better standards and specifications from the Federal Geodetic Control
Subcommittee (FGCS) of the Federal Geographic Data Committee.
These control positions are published by the National Geodetic Survey,
California Spatial Reference Center or its successor.
"EDCC" is the Electronic Deliverable Consistency Checker program,
which was developed for the EDF1.2i format, described below. The
EDCC program is run upon completion of an EDF report and produces
an error report. This error report identifies problems within the given data
set based upon the EDF database structure, guidelines, restrictions, and
valid values. The error report also indicates the nature of each problem,
so that the submitter can correct them. For purposes of the requirements
of this chapter, the interactive web-version 1.2i or personal computer
version 1 .21 of EDCC shall be used. Programs (edcc.zip and edccservice-
pacl.zip) for version 1.2i of EDCC are available through links provided
at http://www.swrcb.ca.gov/ust.
"EDF" is the Electronic Deliverable Format, originally developed for
the United States Army Corps of Engineers. It is a data standard designed
to facilitate transfer of electronic data files from analytical laboratories
to end-users. It is a relational database whose files are related to one
another through key fields. Laboratories can produce electronic EDF
files by using their own LIMS or COELT software. The data components
include chain-of custody information, laboratory results, and quality as-
surance information. For purposes of the requirements of this chapter,
version 1.2i of EDF shall be used. Specifications for version 1.2i of EDF
(The Electronic Deliverable Format [EDF] Version 1.2i data dictionary
are available in Title 27, Division 3, Subdivision 2, Chapter 1 (Laborato-
ry Results) California Code of Regulations, through links provided at
http://www.swrcb.ca.gov/ust.
"Geotracker" is the State Board's Internet-accessible database system
used by the State Board, regional boards, and local agencies to track and
archive compliance data from authorized or unauthorized discharges of
waste to land, or unauthorized releases of hazardous substances from un-
derground storage tanks. This system consists of a relational database,
on-line compliance reporting features, a geographical information sys-
tem (GIS) interface and other features that are utilized by the State Board,
regional boards, local agencies, regulated industry and the public to in-
put, manage, or access compliance and regulatory tracking data. Geo-
tracker, initially known as the Geographical Environmental Information
Management System (GEIMS) database, is available at http://geotrack-
er.swrcb.ca.gov/.
"PDF" means Portable Document Format. "PDF" files are self-con-
tained and cross-platform documents. A PDF file will look the same on
the screen and in print, regardless of what type of computer or printer a
person uses or which software package originally created the file. Al-
though PDF files contain the complete formatting of the original docu-
ment, including fonts and images, they are highly compressed, allowing
efficient transfer of complex information.
"Permanent monitoring well" means any artificial excavation by any
method made for the purpose of monitoring fluctuafions in groundwater
levels, the quality of groundwater, or the concentration of contaminants
in groundwater and which is used for at least thirty days.
"Report" means any document or item that is required for submittal in
order for a person to comply with a reguladon, directive, or order issued
by the State Board, a regional board, or a local agency, including but not
limited to, any analysis of material by a laboratory that has accreditation
or certification pursuant to Article 3 (commencing with Section 100825)
of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
NOTIi: Aulhority cited: Sections L1196 and L1198(c), Water Code. Reference:
Sections LSI 95(b) and LSI 96, Water Code.
History
1. New article 2 (sections 3891-3895) and section filed 11-16-2004; operative
12-16-2004 (Register 2004, No. 47).
§ 3892. Reports.
The following reports are subject to the requirements of this Chapter,
when those reports are required for the purpose of subsurface investiga-
tion or remediation of: ( 1 ) an unauthorized discharge or deposit of waste
as defined in section 1 3050 of the Water Code, (2) an unauthorized re-
lease of a hazardous substance as defined in section 25281 of the Health
and Safety Code, or (3) a discharge of waste to land subject to Division
2 of Title 27 or Division 3, Chapter 15 of Title 23 of the California Code
of Regulations.
(a) Reports submitted pursuant to Division 3, Chapter 16, Article 1 1
of Title 23 of the California Code of Regulations.
(b) Reports submitted pursuant to Division 2 of Title 27 or Division
3, Chapter 15 of Title 23 of the California Code of Regulations.
(c) Reports submitted pursuant to section 1 3304 of the Water Code.
(d) Reports submitted pursuant to section 1 3267 of the Water Code.
(e) Reports submitted pursuant to any order or directive of the Slate
Board, a regional board or a local agency.
(f) Reports submitted pursuant to the Two-year Joint Cooperative
Agreement Execution Plans under the Defense/State Memorandum of
Agreement and Navy Cost Recovery Cooperative Agreement, for the
State of California.
NOTE; Authority cited: Sections 13196 and 13198(c), Water Code. Reference:
Sections 13196(a) and 13198(c), Water Code.
History
1. New section filed 1 1-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§ 3893. Electronic Submittal of Reports.
(a) Persons responsible for submitting reports pursuant to this Chapter
shall submit the following information described in subdivision (b) elec-
tronically over the Internet to the State Board's Geotracker system in
conformance with data dictionaries found in Title 27, Division 3, Subdi-
vision 2 (Monitoring and Release Information) and specifications con-
tained in the State Water Resources Control Board EDF Guidelines and
Restrictions (version I.2i) and Survey XYZ Guidelines and Restrictions
(Version 6). These data dictionaries and documents are available through
links provided at http://www.swrcb.ca.gov/ust.
(b) Data generated after the effective date of the regulations by chemi-
cal analysis of soil, vapor, or water samples (including surface water,
groundwater and influent/effluent water samples from remediation sys-
tems), shall be submitted in EDF format. All data submitted in EDF for-
mat shall be checked for errors prior to and during submittal using the
EDCC software consistency-checking tool. All data submitted in EDF
format must pass this error-checking tool as well as meet normal regula-
tory requirements in order to be considered valid data. In addition, when
required for reports subject to this Chapter, the following shall also be
submitted electronically:
( 1 ) The latitude and longitude of any permanent monitoring well for
which data is reported in EDF format, accurate to within 1 meter and ref-
erenced to a minimum of two reference points from the California Spatial
Reference System (CSRS-H), if available.
(2) The surveyed elevation relative to a geodetic datum of any perma-
nent monitoring well.
(3) The elevation of groundwater in any permanent monitoring well
relative to the surveyed elevation.
(4) A site map or maps showing the location of all sampling points re-
ferred to in the report.
(5) The depth to the screened interval and the length of screened inter-
val for any permanent monitoring well.
(6) Boring logs, in PDF format.
(7) A complete copy of the report, in PDF format, which includes the
signed transmittal letter and professional certification.
Page 158.47
Register 2004, No. 47; 11-19-2004
§3894
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(c) All deadlines and timeframes for submittals of reports are applica-
ble to the information submitted electronically pursuant to this Chapter.
NOTi:: Authority cited: Sections 131% and 13198(c), Water Code. Reference:
Sections 13196 and 13198(c), Water Code.
History
1 . New section filed 1 1-16-2004; operative 12-16-2004 (Register 2004, No. 47).
§ 3894. Timing of Electronic Reporting Requirements.
(a) Electronic submittals of information for sites subject to the require-
ments of Title 23, Division 3. Chapter 16. Article 1 1 of the California
Code of Regulations, shall begin on December 16, 2004.
(b) Unless otherwise specifically noted, all other electronic submittals
required pursuant to this Chapter shall begin January 1. 2005.
(c) Until July 1, 2005, the electronic reporting requirements of this
Chapter are in addition to any existing paper or other reporting require-
ments.
NOTI-:: Authority cited: Sections 13196 and 13198(c). Water Code. Reference:
Sections 13196(a)and 13198(c), Water Code.
History
1 . New section filed 1 1-16-2004; operative 12-16-2004 (Register 2004. No. 47).
§ 3895. Submittal of Alternate Forms of Reports.
(a) Beginning July 1. 2005. the successful submittal of eectronic in-
formation in accordance with this Chapter shall replace the "equirement
for the submittal of a paper copy, except as provided in subdivision (b).
(b) In addition to the electronic submittal of reports required pursuant
to this Chapter, a regulatory agency may require the submittal of a report,
or portions thereof, in diskette, compact disc or other form i 'the agency
determines that the alternative form is necessary. The ourden. including
cost, of these alternative forms shall bear a reasonable relaticnship to the
need for alternative form and benefits to be obtained from the alternative
form.
NOTE: Authority cited: Sections 13196 and 13198(c), Water Code. Reference:
Sections 13196(a) and 13198(c). Water Code.
History
1. New section filed 1 1-16-2004; operative 12-16-2004 (Register 2004. No. 47).
* * >K
Page 158.48
Register 2004, No. 47; 11-19-2004
iA.
Barclays Official
California
Code of
Regulations
Title 23. Waters
Division 4. Regional Water Quality Control Boards
Vol. 32
XHOIVISOIM
^
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 23
Regional Water Quality Control Boards
Table of Contents
Division 4. Regional Water Quality Control Boards
Table of Contents
Page
Page
Chapter
Article 1.
Water Quality Control Plans,
Policies, and Guidelines
159
§ 3900.
§3901.
§ 3902.
§ 3903.
§ 3904.
§ 3905.
§ 3906.
§ 3907.
3908.
North Coast Region 159
Water Quality Control Plan.
Water Quality Control Plan for the
North Coast Region.
Regulatory Summary of Resolution
No. 95-53 Amending Point Source
Measures in Section 4 of the Water
Quality Control Plan for the North
Coast Region to Include an Action
Plan for Storm Water Discharges.
Policy on the Control of Water
Quality with Respect to On-Site
Waste Treatment and Disposal
Practices.
Garcia River TMDL for Sediment.
Concise Summary of Regulatory
Provisions.
Compliance Schedule Policy.
Total Maximum Daily Loads for
Sediment and Water Temperature in
the Scott River Watershed.
Total Maximum Daily Loads for
Dissolved Oxygen and Water
Temperature in the Shasta River
Watershed.
icle 2.
San Francisco Bay Region 161
§ 3910.
Policy on the Use of Wastewater to
Create, Restore, and/or Enhance
Wetlands.
§3911.
Use of Constructed Wetlands for
Urban Runoff Pollution Control.
§ 3912.
Revised Water Quality Control Plan
for the San Francisco Bay Region.
§3913.
Site-Specific Water Quality
Objectives for Copper and Nickel
South of the Dumbarton Bridge.
§ 3914.
Updates Water Quality Objectives,
National Pollutant Discharge
Elimination System (NPDES)
Implementation Measures, and Edits
Language.
§3915.
San Francisco Bay Mercury TMDL.
§3916.
Total Maximum Daily Load for
Pathogens in Tomales Bay
Watershed.
§ 3917.
Water Quality Attainment Strategy
and TMDL for Diazinon and
Pesticide-Related Toxicity in Urban
Creeks.
§3918.
Basin Plan Amendment to Establish
a Total Maximum Daily Load
(TMDL) and Implementation Plan
for Pathogens in the Napa River
Watershed.
§ 3919.
Basin Plan Amendment to Establish
a Total Maximum Daily Load
(TMDL) and Implementation Plan
for Pathogens in the Sonoma Creek
Watershed.
§ 3919.1. Site-Specific Water Quality
Objectives for Cyanide for San
Francisco Bay and an
Implementation Plan.
§ 3919.2. Disposal of Dredged Sediment in
San Francisco Bay.
§ 3919.3. Site-Specific Water Quality
Objectives for Copper.
Article 3. Central Coast Region 162.2(b)
§ 3920. Water Quality Control Plans.
§ 3921. Revised Beneficial Use Definitions.
§ 3922. San Lorenzo River Watershed
Wastewater Management Plan.
§ 3923. Removal of the Numeric Nitrate
Objective for the San Lorenzo
River.
§ 3924. Total Maximum Daily Load
(TMDL) for Pathogens in Morro
Bay, Including Chorro and Los Osos
Creeks.
§ 3925. Concise Summary of Regulatory
Provisions.
§ 3926. Amends the Water Quality Control
Plan (Basin Plan) for the Central
Coast Region to Include a Revised
and Updated Monitoring and
Assessment Chapter (Chapter 6).
§ 3927. A Total Maximum Daily Load and
Implementation Plan for Sediment
in the San Lorenzo River, Including
Carbonera Creek, Lompico Creek,
and Shingle Mill Creek.
§ 3928. Total Maximum Daily Load
(TMDL) and Implementation Plan
for Pathogens in San Luis Obispo
Creek.
§ 3929. Total Maximum Daily Load
(TMDL) and Implementation Plan
for Nitrate-N in San Luis Obispo
Creek.
§ 3929. 1 . Total Maximum Daily Load and
Implementation Plan for Pathogens.
Livestock Waste Discharge
Prohibition, and Removal of the
Shellfish Harvesting Beneficial Use
from Watsonville Slough and
Tributaries.
§ 3929.2. Total Maximum Daily Loads and
Implementation Plan for Sediment
in Pajaro River Including Llagas
Creek, Rider Creek, and San Benito
River and a Land Disturbance
Prohibition.
Article 4. Los Angeles Region 162.2(b)(3)
§ 3930. Revised Water Quality Control Plan
for the Los Angeles Region.
§ 393 1 . Revision of Surface Water Quality
Objectives for Chloride and
Incorporation of a Revised Policy
for Addressing Levels of Chloride in
Discharges of Wastewater.
Page
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
§ 3932.
§ 3933.
§ 3934.
§ 3935.
§ 3936.
§ 3937.
§ 3938.
§ 3939.
§3939.1.
§ 3939.2.
§ 3939.3.
§ 3939.4.
§ 3939.5.
§ 3939.6.
§ 3939.7.
§ 3939.8.
§ 3939.9.
§3939.10.
§3939.11.
§3939.12.
§ 3939.13.
§ 3939.14.
§3939.15.
Removal of the Municipal and
Domestic (MUN) Beneficial Use
Designation from Two Areas of One
Ground Water Basin.
A Total Maximum Daily Load for
Trash for the East Fork of the San
Gabriel River.
Septic System Prohibition in the
Oxnard Forebay.
A Total Maximum Daily Load for
Trash for the Los Angeles River.
A Total Maximum Daily Load for
Trash for the Ballona Creek and
Wetland.
Revised Bacteria Objectives for
Waters Designated for Water
Contact Recreation.
Total Maximum Daily Load for
Bacteria During Dry Weather at
Santa Monica Bay Beaches.
Resolution No. 2002-022.
Amendments to the Water Quality
Control Plan for the Los Angeles
Region to Incorporate
Implementation Provisions for the
Region's Bacteria Objectives and to
Incorporate a Wet- Weather Total
Maximum Daily Load for Bacteria
at Santa Monica Bay Beaches.
Update of Ammonia Objectives for
Inland Surface Waters.
A Total Maximum Daily Load for
Nitrogen Compounds and Related
Effects in Calieguas Creek, its
Tributaries, and Mugu Lagoon.
Compliance Schedule Policy.
Total Maximum Daily Load for
Bacteria at Marina del Rey Mothers'
Beach and Back Basins.
Suspension of Recreational
Beneficial Uses in Engineered
Channels During Unsafe Wet
Weather Conditions.
A Total Maximum Daily Load for
Nitrogen Compounds in the Santa
Clara River.
A Total Maximum Daily Load for
Nitrogen Compounds and Related
Effects in the Los Angeles River and
its Tributaries.
Amendment to the Water Quality
Control Plan for the Los Angeles
Region to Revise the Water Quality
Objective for Chloride in the Lower
Santa Clara River.
Ammonia Objectives for Inland
Surface Waters Not Characteristic of
Freshwater.
Total Maximum Daily Load for
Chloride in the Upper Santa Clara
River.
Revising Interim Ammonia Effluent
Limits Contained Within a Total
Maximum Daily Load for Nitrogen
Compounds and Related Effects in
the Los Angeles River and Its
Tributaries.
Total Maximum Daily Load for
Bacteria at Los Angeles Harbor.
Revision of a Total Maximum Daily
Load for Trash in the Ballona Creek
and Wetland.
Revised Recreational Water Quality
Standards for Ballona Creek
Reaches 1 and 2.
Total Maximum Daily Load for
Bacteria in Malibu Creek.
Page
§ 3939. 16. A Total Maximum Daily Load for
Toxicity, Chlorpyrifos, and Diazinon
in Calieguas Creek, Its Tributaries,
and Mugu Lagoon.
§ 3939.17. A Total Maximum Daily Loac for
Organochlorine Pesticides,
Polychlorinated Biphenyls, and
Siltation in Calieguas Creek, its
Tributaries, and Mugu Lagoori.
§ 3939. 18. A Total Maximum Daily Loac for
Toxic Pollutants in Sediment in
Ballona Creek Estuary.
§ 3939.19. Total Maximum Daily Load for
Metals for the Los Angeles River
and its Tributaries.
§ 3939.20. Total Maximum Daily Load for
Metals for Ballona Creek.
§ 3939.2 1 . TMDL for Toxic Pollutants in
Marina del Rey Harbor.
§ 3939.22. Basin Plan Amendment to Re^'ise
the Early Life Stage Implementation
Provision of the Inland Surface
Water Ammonia Objectives for
Freshwater.
§ 3939.23. Total Maximum Daily Load for
Metals and Selenium in Calieguas
Creek, Its Tributaries, and Mugu
Lagoon.
§ 3939.24. Total Maximum Daily Load for
Bacteria in Ballona Creek, Ballona
Estuary, and Sepulvada Channel.
§ 3939.25. Basin Plan Amendment to
Incorporate a Variance Provision for
the Groundwater Mineral Quality
Objectives.
§ 3939.26. Basin Plan Amendment to
Incorporate Water-Effect Ratios
(WERs) for Copper in Lower
Calieguas Creek and Mugu Lagoon
in the Calieguas Creek Watershed.
§ 3939.27. A Total Maximum Daily Load for
Trash in the Ventura River Estjary.
§ 3939.28. A Total Maximum Daily Load for
Trash in Lake Elizabeth. Munz Lake
and Lake Hughes.
§ 3939.29. A Total Maximum Daily Load for
Trash in Legg Lake.
§ 3939.30. A Total Maximum Daily Load for
Trash in Machado Lake.
§ 3939.3 1 . A Total Maximum Daily Load for
Trash in Revolon Slough and
Beardsley Wash.
Article 5. Central Valley Region 162.4
§ 3940. Revised Water Quality Contro Plan
for the Sacramento River and vSan
Joaquin River Basins.
§ 3941 . Amendment to the Water Quality
Control Plan for the Sacramen.o
River and San Joaquin Fiver E asins
Specifically Authorizing
Compliance Schedules in NPECS
Permits for Achieving Water Quality
Objectives or Effluent Limits Based
on Objectives.
§ 3942. Revised Water Quality Contro Plan
for the Tulare Lake Basin.
§ 3943. Amendment to the Water Quality
Control Plan for the Sacramen:o
River and San Joaquin River Easins
for the Control of Agricultural
Subsurface Drainage Discharges.
§ 3944. Site Specific pH and Turbidity
Objectives for Deer Creek in E\
Dorado and Sacramento Counies.
Page ii
(7-11-2008)
Title 23
Table of Contents
§ 3944. 1 . Site Specific Objectives for
Temperature fur Deer Creek in El
Dorado and Sacramento Counties.
§ 3944.2. Revision to Sile-Specific Objectives
for Temperature for Deer Creek in
El Dorado and Sacramento
Counties.
§ 3945. Program for Control of Mercury in
Clear Lake.
§ 3945. 1 . Program for Control of Mercury in
Cache Creek. Bear Creek, Sulphur
Creek, and Harley Gulch.
§ 3946. Updating Language and Editorial
Corrections in the Water Quality
Control Plans for the
Sacramcnto-San Joaquin River
Basins and for the Tulare Lake
Basin.
§ 3947. Program to Control the Discharge of
Diazinon and Chlorpyriphos into the
Sacramento and Feather Rivers.
§ 3948. Dedesignating Four Beneficial Uses
of Old Alamo Creek, Solano
County.
§ 3949. Program for Control of Diazinon
and Chlorpyrifos Runoff into the
Lower San Joaquin River.
§ 3949. 1 . Amendments to the Water Quality
Control Plan for the Sacramento
River and San Joaquin River Basins
for the Control of Salt and Boron
Discharges into the Lower San
Joaquin River.
§ 3949.2. Program to Control Dissolved
Oxygen in the Stockton Deep Water
Ship Channel.
§ 3949.3. Amendment to the Water Quality
Control Plan for the Sacramento
River and San Joaquin River Basins
for the Control of Nutrients in Clear
Lake.
§ 3949.4. Amendment to the Water Quality
Control Plan for the Sacramento
River and San Joaquin River Basins
for the Control of Diazinon and
Chlorpyrifos Runoff into the
Sacramento — San Joaquin Delta.
§ 3949.5. Amendment to the Water Quality
Control Plan for the Sacramento
River and San Joaquin River Basins
to Determine That Certain
Beneficial Uses Are Not Applicable
and Establish Water Quality
Objectives for Mercury in Sulphur
Creek, Colusa County.
Article 6. Lahontan Region 162.6(d)
§ 3950. Revised Water Quality Control Plan
for the Lahontan Region.
§ 395 1 . Revisions to the Water Quality
Control Plan for the Lahontan
Region, as Adopted by the
California Regional Water Quality
Control Board, Lahontan Region on
April 21, 1995.
§ 3952. Removal of the Municipal and
Domestic Supply (MUN) Beneficial
Use Designations from Nine Saline
Water Bodies.
§ 3953. Basin Plan Amendment
Incorporating a Total Maximum
Daily Load (TMDL) and TMDL
Implementation Program to Control
Sediment Loading to Heavenly
Valley Creek.
§ 3954. Revisions to the Water Quality
Control Plan for the Lahontan
Region, as Adopted by the
California Regional Water Quality
Control Board, Lahontan Region on
January 23, 2002.
§ 3955. Basin Plan Amendment
Incorporating a Total Maximum
Daily Load (TMDL) and TMDL
Implementation Program to Control
Phosphorus Loading to Indian Creek
Reservoir.
§ 3956. Basin Plan Amendment Revising
Waste Discharge Prohibition
Exemption Criteria for the Mojave
Hydrologic Unit, San Bernardino
County.
§ 3957. Amendment to Designated
Beneficial Uses.
§ 3958. Clarifications of Wa.ste Discharge
Prohibitions.
§ 3959. Establishment of a Total Maximum
Daily Load for Sediment in Squaw
Creek, Placer County.
§ 3959. 1 . Revised Sodium-Related Water
Quality Standards for Surface
Waters of the Carson and Walker
River Watersheds.
Article 7.
Colorado River Basin Region
162.10
§ 3960.
Water Quality Control Plans.
§3961.
Establishment of a Total Maximum
Daily Load for
Sedimentation/Siltation for the
Alamo River.
§ 3962.
A Total Maximum Daily Load for
Pathogens in the New River.
§ 3963.
Establishment of a Total Maximum
Daily Load for
Sedimentation/Siltation for the New
River.
§ 3964.
Prohibition of the Discharge of
Individual Subsurface Wastewater
Disposal Systems in the Cathedral
City Cove.
§ 3965.
Prohibition of Discharge from
Septic Tanks on Parcels that Overlie
the Mission Creek or the Desert Hot
Springs Aquifers.
§ 3966.
Total Maximum Daily Load for
Sedimentation/Siltation for the
Niland 2, P, and Pumice Imperial
Valley Drains and Implementation
Plan.
§ 3967.
Total Maximum Daily Load and
Implementation Plan for Trash in
the New River at the International
Boundary, Imperial County,
California.
Article 8.
Santa Ana Region
162.11
§ 3970.
Exemption Criteria for Septic
Systems Prohibition.
§ 3971.
Revised Water Quality Control
Plan.
§ 3972.
"Revision of Bacterial Water
Quality Objectives for Ocean
Waters."
§ 3973. Establishment of a Total Maximum
Daily Load for Sediment in the
Newport Bay/San Diego Creek
Watershed.
§ 3974. Establishment of a Total Maximum
Daily Load for Nutrients in the
Newport Bay/San Diego Creek
Watershed.
Page iii
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Page
Page
Jj 3975.
§ 3976.
§ 3977.
§ 3978.
§ 3979.
§3979.1.
§ 3979.2.
§ 3979.3.
Article 9.
§ 3980.
§3981.
Kstablishment of a Total Maximum
Daily Load for Fecal Coliform
Bacteria in the Newport Bay.
Basin Plan Amendment Authorizing
Schedules of Compliance in NPDES
Permits.
Resolution No. R8-2003-()O39 —
Amending the Water Quality
Control Plan (Basin Plan) for the
Santa Ana Region To Include a
Total Maximum Daily Load
(TMDL) for Chiorpyrifos and
Diazinon in San Diego Creek and
Upper Newport Bay.
Summary of Regulatory
Provisions — Basin Plan Amendment
Revising the Total Dissolved Solids
and Nitrate-Nitrogen Management
Plan for the Santa Ana Region.
Regional Board Resolution No.
R8-2004-0001.
Establish Nutrient Total Maximum
Daily Loads (TMDLs) for Lake
Elsinore and Canyon Lake in the
Water Quality Control Plan (Basin
Plan) for the Santa Ana Region.
Basin Plan Amendment Establishing
Total Maximum Daily Loads for
Bacterial Indicators in the Middle
Santa Ana River Watershed.
Nutrient Total Maximum Daily
Load for Dry Hydrological
Conditions for Big Bear Lake.
Phased Waste Discharge Prohibition
on the Use of Onsite Septic
Tank-Subsurface Disposal Systems
in the Quail Valley Area of
Riverside County.
San Diego Region 165
Escondido Hydrologic Subarea,
Amendment.
Total Dissolved Solids and Boron
Groundwater Quality Objectives for
the Pauba and Wolf Hydrologic
Subareas.
§ 3982. Beneficial Uses and Ground V^'ater
Quality Objectives.
§ 3983. Revised Water Quality Contro Plan
for the San Diego Region.
§ 3984. Total Dissolved Solids Ground
Water Quality Objective for th;
Poway (6.2) Hydrologic Area.
§ 3985. Total Dissolved Solids Ground
Water Quality Objective for thi;
Moosa (903.13) and Valley Center
(903.14) Hydrologic Subareas.
§ 3986. Suspension of Enforcement of
Effluent Limitations for Water
Reclamation Projects Due to \\'ater
Supply Considerations.
§ 3987. Exception to the Prohibition of
Discharges of Recycled Wastewater
to Surface Water Bodies Used lor
Municipal Water Supply.
§ 3988. Revision of Beneficial Use
Designations for
Spawning/Reproduction, and/or
Early Development and Cold
Freshwater Habitat.
§ 3989. Incorporating a Waste Discharge
Requirement Waiver Policy for
Certain Specific Types of
Discharges.
§ 3989. 1 . Total Maximum Daily Load
(TMDL) For Diazinon in the
Chollas Creek Watershed, San
Diego County.
§ 3989.2. Total Maximum Daily Load for
Dissolved Copper in Shelter Island
Yacht Basin.
§ 3989.3. Total Maximum Daily Load for
Total Nitrogen and Total Phosphorus
in the Rainbow Creek Watershed.
§ 3989.4. Addition of Unnamed or
Unidentified Water Bodies to the
Beneficial Use Tables.
§ 3989.6. Authorization of Compliance Time
Schedules in NPDES Requirements.
Page iv
(7-11-2008)
Title 23
Regional Water Quality Control Boards
§ 3904
Division 4.
Regional Water Quality Control
Boards
Chapter 1. Water Quality Control Plans,
Policies, and Guidelines
Article 1 . North Coast Region
§ 3900. Water Quality Control Plan.
On December 9. 1993, the North Coast Regional Water Quality Con-
trol Board adopted Resolution No. 93-89 amending the Water Quality
Control Plan for the North Coast Region (hereinafter Basin Plan) to up-
date descriptions and correct inaccuracies (hereinafter Amendment).
The State Water Resources Control Board approved the Amendment by
adopting State Board Resolution No. 94-29 on March 21, 1994.
The Amendment does not include any new regulations. The purpose
of the Amendment is to revise the Basin Plan to update descriptions of
the Region and regulatory programs, incorporate changes in water quali-
ty regulations which have occurred since the 1988 revision of the Basin
Plan, and correct inaccuracies that existed in the text of the 1988 Basin
Plan. The amendment consists of primarily factual (informational) and
editorial changes. The amendment incorporates into the Basin Plan water
quality regulations which have gone through the public review process
separately and prior to the subject amendment (such as water quality ob-
jectives obtained from Title 22 drinking water standards).
History
1. New article 1 and section filed 8-18-94: operative 8-18-94. Resolution 93-89
adopted by North Coast Regional Water Quality Control Board 12-9-93. Reso-
lution No. 94-29 adopted by State Water Resources Control Board 3-21-94.
Approved by OAL pursuant to Government Code section 1 1353 (Register 94,
No. 33).
2. Amendment of Chapter 1 heading filed 4-24-95; operative 4-24-95 (Register
95, No. 17).
3. Nonsubstantive amendment to Chapter 3 to add language summarizing existing
state and federal antidegradation policies filed 10-3-2005; amendment adopted
1 1-29-2004 by North Coast Regional Water Quality Control Board Resolution
No. Rl-2004-0092; approved 3-16-2005 by State Water Resources Control
Board Resolution No. 2005-0025; approved by OAL pursuant to Government
Code section 1 1353 (Register 2005, No. 40).
§ 3901 . Water Quality Control Plan for the North Coast
Region.
Section IV, Implementation Plans, Point Source Measures, Waste Dis-
charge Prohibitions for the North Coastal Basin.
The Amendment: 1 ) clarifies that the discharge of waste to the Mad,
Eel, and Russian rivers and their tributaries is prohibited during the peri-
od of May 1 5 through September 30; 2) clarifies that the discharge of
waste to the Mad, Eel, and Russian rivers and their tributaries is limited
to one percent of the receiving stream's flow during October 1 through
May 14, and; 3) adds a procedure for dischargers to follow in applying
for an exception to the one percent dilution requirement for the Mad, Eel,
and Russian rivers.
History
1. New section filed 8-30-94; operative 8-30-94 pursuant to Government Code
section 1 1353 (Register 94, No. 35).
§ 3902. Regulatory Summary of Resolution No. 95-53
Amending Point Source Measures in Section 4
of the Water Quality Control Plan for the North
Coast Region to Include an Action Plan for
storm Water Discharges.
On June 22, 1995, the California Water Quality Control Board, North
Coast Region, (Regional Water Board), adopted Resolution No. 95-53,
Amending Point Source Measures in Section 4 of the Water Quality Con-
trol Plan for the North Coast Region (Basin Plan). The amendment pro-
vides an Action Plan which will allow exception to the existing prohibi-
tion of point source waste discharges to waterbodies within the North
Coast Region. The Action Plan requires the Regional Water Board to im-
plement Section 402(p) of the Clean Water Act, and sets forth conditions
for the implementation of Section 402(p). The conditions require the dis-
charger to describe the storm water discharge in a Notice of Intent or
application for NPDES permit and/or to manage the discharge and the ac-
tivities which affect the discharge in conformance with the provisions of
an applicable NPDES permit.
Resolution No. 95-53 does not contain any new regulatory language,
but rather includes statewide and federal practices for regulating storm
water discharges into the Basin Plan.
History
1. New section filed 2-21-96; operative 2-21-96 pursuant to Government Code
section 1 1353 (Register 96, No. 8).
2. Editorial correction of section heading and section (Register 96, No. 47).
§ 3903. Policy on the Control of Water Quality with
Respect to On-Site Waste Treatment and
Disposal Practices.
The Water Quality Control Plan for the North Coast Region (Basin
Plan) was amended on May 23, 1996 (NCRWQCB Resolution 96-16)
as follows: the Policy on the Control of Water Quality with Respect to
On-Site Waste Treatment and Disposal Practices (Individual Septic Sys-
tems Policy) was updated to provide a clear policy regarding new tech-
nologies and the assessment of cumulative impacts of individual systems
on water quality. The amendment contains new site suitability criteria
and evaluation methods, and designs criteria and technical guidelines for
individual systems.
History
1. New section filed 11-20-96; operative 11-20-96 pursuant to Government
Code .secfion 1 1353. Resolution No. 96-16 adopted by the North Coast Region-
al Water Quality Control Board 5-23-96. Resolution 96-061 adopted by the
State Water Resources Control Board 8-15-96 (Register 96, No. 47).
§ 3904. Garcia River TMDL for Sediment.
Regional Water Board Resolution No. 98-66, adopted by the North
Coast Regional Water Quality Control Board on May 28, 1 998 and sub-
sequently revised on December 10, 1998, modified the regulatory provi-
sions in Section 4, Implementation Plans, Nonpoint Source Measures of
the Water Quality Control Plan for the North Coast Region by establish-
ing a phased total maximum daily load (TMDL), an implementation
plan, and a monitoring plan for sediment in the Garcia River watershed
in southwestern Mendocino County. This resolution was revised and
readopted by the North Coast Regional Water Board as Resolution No.
Rl-2001-72 on June 28, 2001, which modified the Garcia River Water
Quality Attainment Action Plan for Sediment which includes the TMDL,
Implementation Plan, and Monitoring Plan.
(a) The TMDL establishes the goal of attaining specified targets by the
year 2049 for migration barriers, embeddedness, fines, primary pool fre-
quency, proportion of fine sediment in a pool, median particle sizes, large
woody debris, width-to-depth ratio, thalweg profile, and stream channel
opening.
(b) The TMDL identifies the loading capacity of the Garcia Ri\ er wa-
tershed as 552 tons/sq.mi./year, a 60 percent reduction of the average
annual sediment load, and allocates the load to all dischargers as "zero
controllable discharges." The loading capacity will be measured over 40
years.
(c) The implementation plan requires landowners to identify and con-
trol all existing and future controllable discharges of sediment in accor-
dance with specified schedules using one of three options: ( 1 ) comply
with waste discharge prohibitions that prohibit the controllable discharge
of any organic or earthen material into the waters of the Garcia Ri\er or
to any location where it could pass into the waters of the Garcia Ri\er;
or (2) comply with an approved erosion control plan and an approved
site-specific management plan; or (3) comply with an approved erosion
control plan and the Garcia River Management Plan. The amendment
specifies that it will not impose administrative civil liabilities for \ iola-
tions of the prohibitions if the discharging landowner is implementing an
approved erosion control plan and management plan, but will consider
the need to revise the plans or to issue a cleanup and abatement order.
Page 159
Register 2006, No. 32; S- 1 1 -2006
§ 3905
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(d) The implementation plan specifies the purpose of an erosion con-
trol plan and requires that it contain a baseline data inventory, a sediment
reduction schedule, an assessment of unstable areas, and a monitoring
plan which includes an annual report.
(e) The implementation plan specifies the purpose of the management
plans and provides for time extensions. It specifies how a site-specific
management plan must describe land management measures to control
sediment delivery and describe land management measures to improve
the condition of the riparian management zone. It also sets out the Garcia
River Management Plan, which specifies land management measures
that apply to the following: roads, watercourse crossings, and near stream
facilities; unstable areas; the riparian management zone; and. gravel min-
ing.
(f) The implementation plan specifies conditions under which other
planning efforts such as a Timber Harvest Plan or a Ranch Plan will be
approvable as an erosion control plan and management plan.
(g) The implementation plan provides that certain individual land
management projects that are subject to Regional Water Board review
are subject to the TMDL, the implementation plan, and the monitoring
plan. It also requires notification of the Regional Board by a landowner
conducting a restoration project, and allows substitution of restoration in
lieu of action to control a sediment delivery site.
(h) The implementation Plan provides for the adoption of group ero-
sion control plans; whereas landowners with similar land-use activities
can develop collective watershed based erosion control plans without
having to show internal property boundaries.
(i) The implementation plan establishes a procedure for its initiation,
and an implementation schedule which specifies interim and final com-
pliance dates ranging from 3 to 23 years for specified activities.
(j) The monitoring plan specifies instream and hillslope monitoring
parameters, monitoring protocols, and frequency of monitoring, pro-
vides that instream and hillslope monitoring by landowners (except for
sediment delivery site monitoring) is voluntary, and requires an annual
report describing erosion control-related activities and sediment deliv-
ery reduction results.
(k) The amendment provides that the Regional Board shall review suf-
ficiency of progress at least once every 3 years.
History
1. New section filed 1-3-2002; operative 1-3-2002 pursuant to Government
Code section 1 1353. Resolution No. Rl-2001-72 adopted by the North Coast
Regional Water Quality Control Board 6-28-2001 (Register 2002, No. 1).
§ 3905. Concise Summary of Regulatory Provisions.
Regional Board Resolution No. Rl 2003-0052, adopted on June 26,
2003 by the North Coast Regional Water Quality Control Board, modi-
fies the Beneficial Uses Chapter (Chapter 2) of the North Coast Regional
Water Quality Control Plan (Basin Plan) by (1) updating the Beneficial
Use Table 2-1 to include the Cal water classification system and a more
refined level of beneficial use designadon; (2) recognizing four existing
beneficial uses of waters in the region (WET, WQE, FLD, and CUL); (3)
recognizing two existing water body categories in the region (groundwa-
ter and wetlands); (4) modifying the existing beneficial use definition
(COMM) for clarity; and (5) a beneficial use recognizing the existing
"Subsistence Fishing" (FISH) use in the region.
This update meets the requirements of the Federal Clean Water Act
(CWA), which requires that States designate beneficial uses for surface
waters at a minimum, for the protection and propagation offish, shellfish
and wildlife, recreation in and on the water, use of water for public water
supplies, and agricultural, industrial, and navigational purposes (CWA
§ J 01 and § 303). Beneficial uses must be designated and periodically
updated for all waters of the State. Flexibility inherent in the State process
allows for the refinement and clarification of specific uses, which has
been realized with this Basin Plan update. The amendment also brings the
beneficial use designafions up to date, to reflect the current state of
knowledge of the existing and potential uses of the waters in the region,
and makes the general previous designations more specific.
History
1 . New section summarizing basin plan amendment filed 9-27-20(i4; amendment
adopted by Regional Board Resolution No. Rl 2003-0052 6-2()-2003 and re-
vised by Executive Officer memos dated 2-27-2004 and 6-25-2004; approved
by State Board Resolution No. 2004-0040 6-17-2004, except f jr the addition
of the word "subsistence" in the revised definition for the benef cial use Com-
mercial and Sport Fishing and the proposed new title and definition forthe bene-
ficial use Biologically Significant Areas; approved by OAL and operative
9-27-2004 pursuant to Government Code section 1 1353 (Register 2004, No.
40).
§ 3906. Compliance Schedule Policy.
On March 24, 2004, the North Coast Regional Water Quality Control
Board (North Coast Water Board) adopted Resolution No.
R 1-2004-001 1, thereby amending Chapters 3 and 4 of the V^'ater Quality
Control Plan for the North Coast Region (Basin Plan). The amendment
authorizes the inclusion of compliance schedules in Nadotial Pollutant
Discharge Elimination System (NPDES) permits under the following
circumstances:
1. Where the NPDES limitations are implementing water quality ob-
jecfives, criteria, or prohibitions that are adopted, revised, or newly inter-
preted after the effective date of this amendment. Comipliance schedules
shall not exceed ten years after adoption, revision, or i'einte:"pretation of
the objectives, criteria, or prohibitions;
2. Where a discharger, currently operating under a non-NPDES per-
mit, under new interpretation of the law is required to comply with
NPDES permitfing limitations that implements water qualit]/ objectives,
criteria, or prohibitions that are adopted, revised, or newly interpreted af-
ter July 1, 1977 and that are not included in the permit. Compliance
schedules shall not exceed ten years after the effecfive date of the initial
NPDES permit; and
3. Where a discharger is required to comply with a Total Maximum
Daily Load (TMDL) adopted as a single permitting acfion that imple-
ments water quality objectives, criteria, or prohibitions that are adopted,
revised, or newly interpreted after the effective date of this amendment.
Compliance may extend beyond ten years from the date of permit is-
suance.
Schedules of compliance shall contain interim limits anc shall in all
cases be as short as feasible. An existing discharger must submit a written
request and prove to the North Coast Water Board's satisfacfion that it
is infeasible to immediately comply with NPDES effluent or receiving
water limitations. A discharger must further provide: (1) rej.ults of dili-
gent efforts to quantify pollutant levels in the discharge and the sources
of the pollutant in the waste stream; (2) documentation of source control
efforts currently underway or completed; (3) a proposed schedule for
additional source control measures or waste treatment; (4) the highest
discharge quality that is feasible to achieve unfil final compliance is at-
tained; (5) a demonstration that the proposed schedule of compliance is
as short as feasible; (6) data demonstrating current treatment Facility per-
formance; and (7) addifional information and analyses, to be determined
by the North Coast Water Board on a case-by-case basis.
History
1. New secdon summarizing basin plan amendment filed 8-18-2005; operative
8-18-2005. Amendment adopted 3-24-2004 by Regional Board Resolution
No. Rl-2004-0011. Approved by OAL pursuant to Government Code section
1 1353 (Register 2005, No. 33).
§ 3907. Total Maximum Daily Loads for Sediment and
Water Temperature in the Scott River
Watershed.
The Total Maximum Daily Loads (TMDL) for Sediment and Water
Temperature in the Scott River Watershed specify potenfial shade targets
for water temperature and load allocations for sediment, which must be
fully attained 40 years after the effecUve date of the TMDLs. The imple-
mentadon actions are designed to encourage and build upon ongoing,
proacfive restoration and enhancement efforts and to comply with the
State's Policy for the Implementation and Enforcement of the Nonpoint
Source Pollution Control Program. Should any of the implementation
actions fail to be implemented by the responsible party or should the im-
plementafion actions prove to be inadequate, the North Coast Regional
Page 160
Register 2006, No. 32; 8-11-2006
Title 23
Regional Water Quality Control Boards
§3912
Water Quality Control Board (North Coast Water Board) shall take ap-
propriate permitting and/or enforcement actions.
Monitoring (e.g., implementation monitoring, upslope effectiveness
monitoring, instream effectiveness monitoring, and compliance and
trend monitoring) may be required of identified responsible parties in
conjunction with existing and/or proposed human activities that will like-
ly result in sediment waste discharges or elevated water temperatures.
Additionally, North Coast Water Board staff shall develop a compliance
and trend monitoring plan within one year of the date the Scott River
TMDL Action Plan takes effect. The North Coast Water Board will con-
duct an extensive and focused reassessment after the Scott River TMDL
Action Plan has been in effect for ten years, or sooner if the North Coast
Water Board determines it necessary. North Coast Water Board staff will
report to the North Coast Water Board at least yearly on the status and
progress of implementation actions. For actions that rely on encourage-
ment of existing efforts that address water quality impairments, the North
Coast Water Board will conduct a formal assessment of the proven or ex-
pected effectiveness of these efforts within five years of approval of the
TMDL Action Plan.
History: Adopted by the North Coast Regional Water Quality Control
Board on December 7, 2005 under Resolution No. Rl-2005-01 13. Ap-
proved by the State Water Resources Control Board on June 21 , 2006 un-
der Resolution No. 2006-0046.
History
I. New section summarizing amendment to Basin Plan filed 8-1 1-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2006-0046 6-21-2006; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 8-1 1-2006 (Register 2006, No. 32).
§ 3908. Total Maximum Daily Loads for Dissolved Oxygen
and Water Temperature In the Shasta River
Watershed.
The North Coast Regional Water Quality Control Board (North Coast
Water Board) adopted an amendment to the Water Quality Control Plan
for the North Coast Region to establish Total Maximum Daily Loads
(TMDLs) for the Shasta River Watershed. The TMDLs allocate loads for
dissolved oxygen and water temperature in the Shasta River Watershed.
For temperature, landowners and operators in the main stem of the Shasta
River below Dwinnell Dam are allocated loads equal to potential percent
solar radiation transmittance, and landowners and operators on the
Shasta River above Dwinnell Dam, and on its tributaries, are allocated
loads equal to adjusted potential effective shade. For dissolved oxygen,
load allocations are assigned to different reaches of the Shasta River.
These allocations account for the total net daily oxygen demand for each
reach.
The implementation actions are designed to encourage and build upon
on-going, proactive restoration and enhancement efforts, and to comply
with the state's Policy for the Implementation and Enforcement of the
Nonpoint Source Pollution Control Program. Should any of the imple-
mentation actions not be implemented by the responsible party or should
the implementation actions prove to be inadequate, the North Coast Wa-
ter Board shall take appropriate permitting and/or enforcement actions.
Monitoring (e.g. implementation monitoring, upslope effectiveness
monitoring, instream effectiveness monitoring, and compliance and
trend monitoring) may be required in conjunction with existing and/or
proposed human activities that will likely result in increased oxygen de-
mand or elevated water temperatures. The North Coast Water Board will
review, reassess, and possibly revise the Shasta TMDL Action Plan every
three years as part of the Basin Planning Triennial Review process. North
Coast Water Board staff will report to the North Coast Water Board at
least yeariy on the status and progress of implementation activities. Staff
will conduct an assessment of effectiveness of collaborative efforts in the
on-going programs within five years from the date of U.S. Environmen-
tal Protection Agency approval and a more extensive reassessment of the
Action Plan within 10 years, or sooner.
History
1. New section summarizing amendments to basin plan filed 1-9-2007; amend-
ments approved by State Water Resources Control Board Resolution .\o.
2006-0093 on 1 1-15-2006; amendments approved by OAL pursuant to Gov-
ernment Code section 1 1353 on 1-9-2007 (Register 2007, No. 2).
Article 2. San Francisco Bay Region
§ 3910. Policy on the Use of Wastewater to Create,
Restore, and/or Enhance Wetlands.
This policy revises a 1977 policy to add new provisions which: 1 ) es-
tablish a preference for the creation (rather than restoration or enhance-
ment) of wetlands with wastewater; 2) require the project applicant to
consider important wetland functions and values; and 3) in most cases.
prohibit the use of these wetlands to satisfy Clean Water Act Section 404
mitigation requirements. The policy also revises the earlier policy lo re-
flect current Basin Planning language, allow portions of a wetland to he
created for wastewater treatment, and require a monitoring plan as part
of the management plan.
History
1. New article 2 and section filed 4-24-95; operative 4-24-95. Resolution No.
94-086 adopted by San Francisco Bay Regional Water Quality Control Board
7-20-94. Resolution No. 94-102 adopted by the State Water Resources Control
Board 11-17-94. Approved by OAL pursuant to Government Code section
11353 (Register 95, No. 17).
§ 391 1 . Use of Constructed Wetlands for Urban Runoff
Pollution Control.
Constructed wetlands approved under the policy would be waste treat-
ment systems in accordance with 40 CFR Part 1 22.2, and, as such, would
not be waters of the United States. Policy provisions require that the wet-
land be an "artificial" or constructed system built on an upland site with
the primary purpose of treatment. Adequate land and management re-
sources must be committed to the project, wildlife monitoring and \ ector
control programs are required, and the treatment wetlands may not be
used to satisfy requirements for wetlands loss mitigation. In addition, a
required management plan would include descriptive information, an op-
erations and maintenance plan, and a monitoring plan. The management
plan would be the chief means by which the Regional Board would re-
view and/or approve a proposal under the policy. Upon project approval,
the management plan would serve as the operations manual for the con-
structed treatment wetland.
History
1 . New section filed 4-25-95; operative 4-25-95. Resolution No. 94-1 02 adopted
by the San Francisco Regional Water Quality Control Board 8-17-94. Resolu-
tion No. 94-107 adopted by the State Water Resources Control Board
11-17-94. Approved by OAL pursuant to Government Code section 1 L153
(Register 95, No. 17).
§ 3912. Revised Water Quality Control Plan for the San
Francisco Bay Region.
The revisions to regulatory provisions in the basin plan adopted by the
San Francisco Bay Regional Water Quality Control Board on September
16, 1992, October 21, 1992, August 17, 1994, and June 2 1,1 995 are sum-
marized as follows:
(a) Beneficial Use Categories and Definitions: Revises the following
beneficial use definitions to be consistent with statewide language:
"Agricultural Supply," "Cold Freshwater Habitat." "Ocean Commercial
and Sport Fishing," "Estuarine Habitat," "Freshwater Replenishment."
"Ground Water Recharge," "Industrial Service Supply," "Marine Habi-
tat," "Fish Migration," "Municipal and Domestic Supply," "Naviga-
tion," "Industrial Process Supply," "Preservation of Rare and Endan-
gered Species," "Water Contact Recreation," "Non-Contact Water
Recreation," "Shellfish Harvesting," "Fish Spawning," "Warm Fresh-
water Habitat," and "Wildlife Habitat."
(b) Water Body Definitions: Adds definifions for "ground water" and
"ground water basin."
(c) Ground Waters: Identifies ground water basins within the region;
designates ground waters within each basin as suitable or potentially suit-
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§3912
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
able for municipal and domestic supply, industrial service supply, indus-
trial process supply, agricultural supply, and/or freshwater replenish-
ment.
(d) Wetlands: Clarifies that in cases where the Regional Board is re-
quired to delineate a specific wetland site and the beneficial uses asso-
ciated with that site, that delineation will be based on Federal guidelines.
(e) Surface Water Objectives:
( 1 ) Clarifies the term "surface waters";
(2) Adds descriptions of major types of point source discharges;
(3) Clarifies demonstration required for alternative objective;
(4) Clarifies numeric objective for coliform bacteria, and clarifies the
relationship between testing methods and existing coliform bacteria ob-
jective for water designated as MUN;
(5) Revises narrative objective on bioaccumulation to include consid-
eration of effects on wildlife;
(6) Deletes from biostimulatory substances narrative objective provi-
sions on investigation resulting from certain chlorophyll a concentra-
tions;
(7) Revises narrative objective for population and community ecolo-
gy;
(8) Clarifies narrative objective for sediment;
(9) Clarifies existing narrative toxicity objectives by separating into
acute and chronic toxicity, revising explanation of "detrimental re-
sponses," updating the description of tests used to identify acute toxicity;
(10) Establishes a numeric definition of acute toxicity;
(11) Clarifies units of measurement for the turbidity objective;
(12) Clarifies narrative objective for chemical constituents;
(13) Clarifies existing numeric water quality objectives for toxic pol-
lutants:
(A) Changes the method for determining where salt or freshwater ob-
jectives apply to surface waters from a geographical line to average salin-
ity values;
(B) Clarifies that existing freshwater objectives for metals are hard-
ness-dependent, and includes the equations used to derive them;
(14) Specifies considerations in developing site specific objectives,
lists highest priority constituents.
(0 Objectives for Municipal and Agricultural water supplies: Amends
numeric objective for constituents of concern in water designated MUN
or AGR to reflect changes in Title 22 of the California Code of Regula-
tions.
(g) Objectives for Groiaid Water: Adds primary narrative water quali-
ty objective for ground water and narrative objectives for bacteria, organ-
ic and inorganic chemical constituents, radioactivity, and taste and odor.
(h) Watershed Management: Adds a policy that supports the local defi-
nition and implementation of watershed management plans.
(i) Toxic Pollutant Accumulation: Mass-Based Strategies:
(1) Adds consideration of pollutant accumulation in setting limits on
point and non-point discharges;
(2) Provides that wasteioad allocation may be based on mass, or con-
centration in water, tissue, or sediment;
(3) Describes monitoring requirements for toxicity, provides for at-
tainment of chronic toxicity objectives at edge of mixing zone and acute
toxicity objectives within the mixing zone;
(4) Clarifies that the need to determine the chronic effects of major dis-
charges is being addressed by the Board's local effects monitoring pro-
gram.
(j) Discharge Prohibitions:
(1) Adds a new exception provision concerning discharge of extrac-
ted/treated ground water;
(2) Adds a new exception provision to allow discharge from reclama-
tion project in Alameda Creek when no natural flow occurs;
(3) Clarifies prohibition regarding biocides.
(k) Surface Water Protection and Management: Point Source Control:
(1) Effluent Limitations:
(A) Defines "best professional judgment" and specifies that it will be
used to derive numerical effluent limitations for toxic pollutants in the
absence of numerical water quality objectives or standards;
(B) Clarifies manner in which effluent limits will be derived in cases
where water quality objectives are not being attained;
(C) Adds definition of "ocean waters," "inland surface v.'aters." "en-
closed bays," and "estuaries;"
(D) Deletes 1975 water body segment rankings;
(E) Clarifies definition of "deep water discharge";
(F) Clarifies that effluent limitations for conventional pollutants dis-
charged to inland surface waters includes enclosed bays and estuaries;
(G) Adds condition for substitution of fecal coliform limi ation for to-
tal coliform limitation;
(H) Clarifies effluent limitations for selected toxic pollutants dis-
charged to surface waters;
(1) Clarifies implementation of toxicity objectives by updating the de-
scription of appropriate tests, monitoring frequency, interpretation of
statistical results, and approaches for addressing violatior of toxicity
limits, and adds more stringent acute toxicity limits for deep water dis-
charges;
(J) Adds condition for allowing compliance monitoring with only one
fish species;
(K) Clarifies conditions under which the Board will consider observed
toxicity to be due to ammonia and thus not a violation of to.icity limits;
(L) Adds factors for setting chronic toxicity effluent limits for individ-
ual dischargers;
(M) Adds basis for chronic toxicity monitoring requirements;
(N) Adds the requirement of Toxicity Identification/'Reduction Evalu-
ation (TIE/TRE) when persistent chronic toxicity is observed;
(O) Adds requirement for waste minimization if consistent toxicity is
exhibited;
(P) Adds equation for calculating water quality-based effluent limita-
tions;
(Q) Adds conditions for approval of an effluent limitation greater than
that calculated from water quality objectives for deep water discharges;
(R) Adds a new provision specifying when exceptions will be granted
to the assigned dilution allowance for shallow water dischai'ges;
(S) Fresh Water vs. Marine Water: 1. Deletes the existing provision
that effluent limits will be based on the lower of fresh or marine objec-
tives for all receiving water bodies within the Region; 2. Adc:s the provi-
sion that specifies the salinity and beneficial use characteristics of the re-
ceiving waters in determining whether freshwater or marine water
limitations apply;
(2) Implementation of Effluent Limitations:
(A) Adds options for permit modifications, including performance
based limits, when an existing effluent limit is lower than recessary to
achieve water quality objectives;
(B) Provides for calculation of effluent limitations based upon site-
specific objectives;
(C) Clarifies that effluent limits will be defined in terms of the mean
concentration of all samples analyzed during the averaging period;
(D) Defines "method detection limits," "practical quantitation levels,"
and "limits of quantification" and clarifies that these v/ill be considered
in determining compliance with effluent limitations;
(E) Clarifies how parameters are selected for inclusion in permits;
adds demonstration requirement for substances that do not pose a risk to
beneficial uses;
(F) Adds a provision on compliance schedules for new objectives or
standards;
(G) Storm Water Discharges: Adds provisions on contents of NPDES
permits for stormwater;
(H) Wet Weather Overflows: Clarifies existing policy on wet weather
overflows of wastewater by adding description of minimum controls;
Page 162
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Title 23
Regional Water Quality Control Boards
§ 3913
•
•
(I) Discharge of Treated Groundwater: Adds conditions for granting
an exception to discharge proliibitions;
(J) Regulation of Industrial Discharges: Adds goal to move to water
quality-based standards;
(K) Pollution Prevention:
1. Adds goals;
2. Clarifies elements of POTW general pollution prevention program;
3. Revises elements of POTW targeted pollution prevention program;
4. Revises direct industrial discharger pollution prevention program.
(/) Surface Water Protection and Management — Nonpoint Source
Control Measures:
(1) Revises nonpoint source management elements;
(2) Adds policy outlining elements of appropriate voluntary Baseline
Control Program for local entities to reduce pollutant loadings into storm
drains;
(3) Revises programs for comprehensive urban runoff control, high-
way runoff control, and industrial stormwater runoff control;
(4) Clarifies Board's permitting of stormwater discharge from indus-
trial facilities and construction activities involving disturbance of five or
more acres.
(m) Daify Waste Management: Adds policy supporting cooperative
correction of dairy waste problems and adoption of Waste Discharge Re-
quirements when objectives in an agricultural watershed are consistently
exceeded or past corrective actions have not resolved water quality prob-
lems.
(n) Reclamation Reqidrements: Adds provisions under which certain
dischargers may issue their own permits for use of reclaimed water.
(0) Individual System Guidelines: Clarifies existing policy on the de-
sign, use, and permitting of alternative septic systems and gray water dis-
posal.
(p) Erosion and Sediment Control:
( 1 ) Clarifies when enforcement authority will be exercised;
(2) Revises guidelines for regulating erosion and sedimentation.
{q) Dredging:
( 1 ) Adds a policy supporting upland disposal of material with a market
value;
(2) Adds policy goals of the Long-Term Management Strategy;
(3) Clarifies definition of a "water year."
(r) Mines and Mineral Producers:
(1) Adds policy for protecting beneficial uses of receiving waters af-
fected by past or present mining activifies;
(2) Clarifies Board's permitting of runoff from mine sites;
(3) Adds provisions for Waste Discharge Requirements for mining
sites that discharge waste.
(s) Wetlands Protection and Management:
( 1 ) Clarifies general process that will be used to identify beneficial
uses in wetlands;
(2) Clarifies that proposals involving wetland fill or discharge of waste
to wetlands will be reviewed to determine impacts on wetland beneficial
uses;
(3) Adds provision that in cases where mitigadon is required under the
Clean Water Act, the mitigation project should be located in the same part
of the Region whenever possible;
(4) Implements the Governor's Executive Order W-59-93 by adding
policy of no-net-loss of wetland acreage and no-net-loss of wetland val-
ue within the Region.
(t) Ground Water Protection and Management:
( 1 ) Adds goals;
(2) Specifies that water quality objectives apply to all ground waters,
rather than at a wellhead or at a point of consumption;
(3) Explains the Board's approach to the use of water quality objec-
tives for ground water.
(u) Shallow Drainage Wells:
(1) Prohibits unauthorized construction and use of shallow drainage
wells;
(2) Adds demonstration requirement for continued use of existing
wells or construction of new wells.
(v) Designated Waste:
( 1 ) Clarifies criteria for determining whether a non-ha/ardous waste
is a designated waste;
(2) Adds requirement for proposal of waste constituent concentration
criteria by certain municipal solid waste disposal facilities.
(w) {iMiidfill Expansions: Adds policy on locating or expanding land-
fills in sensifive ground water areas,
(x) Cleanup of Polluted Sites:
(1) Adds strategy for managing polluted sites;
(2) Adds policies and procedures for setfing ground water cleanup lev-
els: specifies the concentration ranges for cleanup levels for waterbodies
without, and with a beneficial use of municipal and domestic supply;
(3) Adds policies and procedures for setting soil cleanup levels:
(A) Specifies that soil cleanup levels will be set based on threat to wa-
ter quality;
(B) Adds "generic" cleanup levels for total VOCs and total semi-vola-
tiles at certain sites.
History
1. New section filed 11-14-95; operative 11-13-95, Regional Board Resolution
No. 92-117 (9-16-92), as approved by State Board Resolution No. 93 40
(4-27-93), except for the provisions that incorporate and implement the state-
wide plans for Inland Surface Waters and Enclosed Bays and Estuaries adopted
by the State Board on 4-11-91; Regional Board Resolution No. 92-131
(10-21-92), as approved by State Board Resolution No. 94-19 (2-17 94); Re-
gional Board Resolution No. 94-101 (8-17-94), as approved by State Board
Resolution No. 94-117 (12-13-94); Regional Board Resolution No. 95-076
(6-21-95), as approved by State Board Resolution No. 95-44 (7-20-95). Ap-
proved by OAL pursuant to Government Code section 1 1353 (Register 95, No.
46).
2. Nonsubstantive amendments throughout the basin plan filed 12-22-2006;
amendments adopted on 1 1-16-2005 by the San Francisco Bay Regional Water
Quality Control Board Resolution No. R2-2OO5-0062; approved on
4-18-2006 by the State Water Resources Control Board Resolution No.
2006-0024; approved by OAL pursuant to Government Code section 1 1353
(Register2006, No. 51).
§ 3913. Site-Specific Water Quality Objectives for Copper
and Nickel South of the Dumbarton Bridge.
Through Regional Water Board Resolufion R2-2002-006 1 , the San
Francisco Bay Regional Water Quality Control Board (Regional Board)
amended on May 22, 2002, the Water Quality Control Plan for the San
Francisco Bay Region (Basin Plan).
The Basin Plan amendment adopted by the Regional Board includes
two new regulatory provisions, which are summarized below.
1 . The amendment specifies new site-specific water quality objectives
(SSOs) for copper and nickel in the portion of San Francisco Bay South
of the Dumbarton Bridge. The SSOs are 6.9 [xg/l for a 4-day average and
10.8 for a one-hour average for dissolved copper and 1 1.9 ^g/1 for a
4— day average and 62.4 fig/l for a one-hour average for dissolved nickel.
2. The amendment specifies numeric values of metal translators (ra-
tion of dissolved to total metal) for copper and nickel in San Francisco
Bay South of the Dumbarton Bridge that will be used to compute Nation-
al Pollutant Discharge Eliminafion System (NPDES) effluent limitations
according to the procedure outlined in the Policy for Implementation of
Toxics Standards for Inland Surface Waters, Enclosed Bays, ami Estu-
aries of California for the three Municipal Wastewater Treatment facili-
ties discharging to this porUon of San Francisco Bay. These translators
are 0.53 for copper and 0.44 for nickel. Other Basin Plan amendments are
non-regulatory and consist primarily of language updates and an imple-
mentadon plan to implement the new site-specific objecti\es. The ini-
plementadon plan does not contain any new regulatory requirement (oth-
er than establishment of the metal translators described abo\e), but
instead summarizes already existing permit requirements.
Page 162.1
Register 2007, No. 45; 11-9-2007
§3914
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1. New section filed 12-17-2002; approved by OAL and operative 12-17-2002
pursuant to Government Code section 1 1353 (Register 2002. No. 51).
§ 3914. Updates Water Quality Objectives, National
Pollutant Discharge Elimination System
(NPDES) Implementation Measures, and Edits
Language.
Amendment revises water quality objectives for arsenic, cadmium,
chromium (VI), copper (freshwater only), lead, nickel, silver, and zinc
to be consistent with federal California Toxics Rule (CTR) regulations.
These objectives will apply throughout the region. Definitions of "fresh-
water." "estuarine." and "marine" are revised to be consistent with the
CTR. This amendment incorporates provisions of the State Water Re-
sources Control Board Policy for Implementation of Toxic Standards for
Inland Surface Waters. Enclosed Bays, and Estuaries of California per-
taining to NPDES permitting. Obsolete provisions are removed, descrip-
tions and references are updated and clarified, and minor corrections are
made to the Basin Plan text.
History
1. New section suinmarizing basin plan amendment filed 10^-2004; amendment
adopted by San Francisco Bay Regional Water Quality Control Board Resolu-
tion No. R2-2004-0003 1-2 1-2004; approved by State Water Resources Con-
trol Board Resolution No. 2004-0045 7-22-2004; approved by OAL and op-
erative 10-4-2004 pursuant to Government Code section 11353 (Register
2004, No. 41).
§ 3915. San Francisco Bay Mercury TMDL.
Through Regional Water Board Resolution R2-2006-0052, adopted
August 9, 2006, the San Francisco Bay Regional Water Quality Control
Board amended the Water Quality Control Plan for the San Francisco
Bay Region (Basin Plan). The Basin Plan amendment establishes the al-
lowable annual mercury load Total Maximum Daily Load (TMDL) to
San Francisco Bay, and actions and monitoring necessary to implement
the TMDL. The numeric targets, allocations, and associated implementa-
tion plan will ensure that all San Francisco Bay segments attain applica-
ble water quality standards established to protect and support beneficial
uses. The Basin Plan amendment includes new regulatory provisions, as
summarized below:
1 . Two numeric mercury water quality objectives for all segments of
San Francisco Bay, to protect (a) people who consume Bay fish, and (b)
aquatic organisms and wildlife;
2. Vacate (i.e., remove) the water column four-day average mercury
water quality objective for San Francisco Bay;
3. Numeric targets for mercury concentrations in suspended sediment
and fish tissue;
4. TMDL defined as a total maximum yearly mercury load to San
Francisco Bay of 700 kg, on average, which is roughly 60 percent of the
existing load;
5. Allocation of the total maximum yearly mercury load among the
various San Francisco Bay mercury sources, including bed erosion. Cen-
tral Valley watershed urban storm water runoff, Guadalupe River wa-
tershed, direct atmospheric deposition, non-urban storm water runoff,
and wastewater;
6. Plan to implement the TMDL, which requires actions to reduce mer-
cury loads and methylmercury production to achieve allocations, and
plan studies to improve technical understanding relevant to the mercury
TMDL and implementation plan; and
7. Plan and schedule for reviewing progress toward meeting targets,
implementing proposed actions, and evaluating continued appropriate-
ness and effectiveness of proposed acUons.
History
\. New section summarizing amendments to plan filed 1 1-7-2007; amendments
approved by State Water Resources Control Board Resolution No. 2007-0045
on 7-I7-2()07; amendments approved by OAL pursuant to Government Code
section 11 353 (Register 2007, No. 45).
§ 3916. Total Maximum Daily Load for Pathogens in
Tomales Bay Watershed.
The San Francisco Bay Regional Water Quality Control Board
adopted Resolution R2-2005-(]l046 on September 21, 2005, which
amended the Water Quality Control Plan for the San Francisco Bay Re-
gion (Basin Plan) by establishing a program (a Total Maximum Daily
Load (TMDL)) to control pathogens in the Tomales Bay watershed. The
TMDL sets numeric targets, allocates responsibility among the sources
for meeting those targets, and establishes an implementation plan to en-
sure that all segments of Tomales Bay and its major tributaries Xagunitas
Creek, Walker Creek, and Olema Creek) attain applicaolc bacteriologi-
cal water quality standards established in the Basin Plan to j)rotect and
support the beneficial uses.
The numeric targets consist of:
( 1 ) Fecal coliform bacteria density targets for Tomales Bay and the
main tributaries identical to the Basin Plan objectives;
(2) A shellfish harvesting closure target of less than 30 da>s per year;
and
(3) A human fecal waste discharge prohibition.
The implementation plan requires actions to eliminate any discharges
of human fecal waste from boats, on-site sewage disposal systems, small
wastewater treatment facilities, and sewage holding ponds.
Density-based allocations for fecal coliform bacteria are assigned to
the various animal fecal waste sources to the watershed (grazing lands,
dairies, equestrian facilities, and domestic animals) and reflei:t the high-
est fecal coliform bacterial densities that can be discharged while still at-
taining the shellfish harvesting beneficial use in Tomales Bay. Discharg-
ing entities are not held accountable for discharges originating from
wildlife. The requirements are consistent with the State's Policy for Im-
plementation and Enforcement of the Non point Source PoUut .on Control
Program and the California Water Code. Implementation measures in-
clude evaluation of operating practices, development of control mea-
sures, a schedule for implementing those measures, and submittal of
progress reports documenting the actions taken.
Water quality monitoring will be conducted to evaluate fecal coliform
concentradon trends in Tomales Bay and its tributaries. Everj' five years,
the San Francisco Bay Water Board will evaluate new and i-elevant in-
formation from monitoring and scientific literature, assess progress to-
wards meeting the targets and load allocations and appropriateness and
effectiveness of proposed action, and may consider revising the TMDL
if needed. The reviews will provide opportunities for public parficipa-
tion. Any necessary modifications to the targets, allocations, or imple-
mentation plan will be incorporated into the Basin Plan. The California
Department of Health Services, working in consultation v^ith the To-
males Bay Shellfish Technical Advisory Committee, is encouraged to
periodically evaluate shellfish harvesting guidelines beginning in 2009.
History
1. New section summarizing amendment to plan filed 9-13-2006; amendments
approved by State Water Resources Control Board Resolution No. 2006-0031
on 5-15-2006; amendment approved by OAL pursuant tc Government Code
section 1 1353 on 9-13-2006 (Register 2006, No. 37).
§ 3917. Water Quality Attainment Strategy and TMDL for
Diazinon and Pesticide-Related Toxicity in
Urban Creeks.
On November 1 6, 2005, the San Francisco Bay Regional \^ater Quali-
ty Control Board (San Francisco Bay Water Board) adopted Resolution
No. R2-2005-0063, amending the Water Quality Control Plan for the
San Francisco Bay Region (Basin Plan). The amendment removes un-
necessary text from Chapter 3 of the Basin Plan regarding chronic toxic-
ity. It also removes text that appeared to limit how the San Francisco Bay
Water Board could evaluate toxicity and replaces it with text that clarifies
that the Water Board can consider all relevant information. These
changes do not alter the narrative water quality objective.
The amendment establishes a water quality attainment strategy, in-
cluding a Total Maximum Daily Load (TMDL). for diazinon and pesti-
cide-related toxicity that, when implemented, is expected to meet water
Page 162.2
Register 2O07, No. 45; 11-9-2007
Title 23
Regional Water Quality Control Boards
§ 3919.1
quality objectives and protect beneficial uses of urban creeks in the San
Francisco Bay Region. The TMDL sets numeric targets for pesticide-re-
lated acute and chronic toxicity in urban creek waters and sediment.
These targets require that toxicity not exceed 1 .0 acute or chronic toxic
units, as determined through standard toxicity tests. In addition, the pro-
posed amendment specifies that diazinon concentrations in the water col-
umn must not exceed 100 nanograms per liter as a one-hour average. The
TMDL is allocated to all urban runoff, including urban runoff associated
with municipal separate storm sewer systems, California Department of
Transportation facilities, and industrial, construction, and institutional
sites. Allocations are set equal to the targets.
The cornerstone of the attainment strategy is pollution prevention,
which can be accomplished by using less toxic pest control methods and
by applying integrated pest management techniques. Implementation of
the strategy will focus on (1) proactive regulatory programs, (2) educa-
tion and outreach, and (3) research and monitoring. Pesticide and water
quality regulators are requested to better coordinate their various pro-
grams to protect water quality. Urban runoff management agencies, reg-
ulated under National Pollutant Discharge Elimination System permits,
are required to minimize pesticide use, conduct outreach, and design and
implement monitoring programs to track progress in implementing the
plan and meeting the targets. The monitoring program may be developed
jointly by two or more agencies acting in concert. The strategy includes
a method to determine appropriate monitoring benchmarks for specific
pesticides in water. The need for comprehensive pesticide-related water
quality monitoring may be moderated by efforts to monitor other factors,
which serve as surrogates or indicators of water quality conditions.
The San Francisco Bay Water Board plans to review the attainment
strategy and TMDL every five years to determine if any modifications
are necessary.
History
1. New section summarizing amendment to plan filed 1-18-2007; amendments
adopted by San Francisco Bay Regional Water Quality Control Board Resolu-
tion No. R2-2005-0063 on 11-16-2005 and approved by State Water Re-
sources Control Board Resolution No. 2006-0091 on 1 1-15-2006; amendment
approved by OAL pursuant to Government Code section 1 1353 on 1-18-2007
(Register 2007, No. 3).
§ 391 8. Basin Plan Amendment to Establish a Total
Maximum Daily Load (TMDL) and
Implementation Plan for Pathogens in the Napa
River Watershed.
Through Regional Water Board Resolution R2-2006-0079, adopted
November 13, 2006, the San Francisco Bay Regional Water Quality
Control Board amended the Water Quality Control Plan for the San Fran-
cisco Bay Region (Basin Plan). The Basin Plan amendment includes new
regulatory provisions, summarized below:
1 . Numeric water quality targets for the Napa River consisting of:
• Geometric mean and single sample maxima for E. coli density ,
Fecal Coliform densities, and Total Coliform densities. In
addition, a zero discharge of untreated or inadequately treated
human waste was included.
2. A TMDL for the Napa River consisting of:
• Geometric mean and single sample maxima for E. coli density.
Fecal Coliform densities, and Total Coliform densities. AH
sources of untreated or inadequately treated human waste have
an allocation of zero.
3. Allocations of the total maximum daily load among the various
sources of pathogens in the Napa River watershed:
• On-site sewage disposal systems (septic systems)
• Sanitary sewer systems
• Wastewater treatment faciUties
• Confined animal facilities
• Grazing lands
• Municipal runoff
• Wildlife
4. The TMDL implementation plan builds upon existing efforts and
requires actions by source categories to reduce pathogen loads and
achieve allocations. These actions include evaluation of operating
practices, development of comprehensive and site-specific path-
ogen control measures, and submittal of progress reports docu-
menting actions undertaken.
5. A plan and schedule for monitoring and evaluating progress to-
ward meetings targets and implementing proposed actions.
History
I. New section summarizing amendment to basin plan filed 12-6-2007; amend-
ment approved by State Water Resources Control Board Resolution No.
2007-0053; amendment approved by OAL pursuant to Government Code sec-
tion 11353 on 12-6-2007 (Register 2007. No. 49).
§ 3919. Basin Plan Amendment to Establish a Total
Maximum Daily Load (TMDL) and
Implementation Plan for Pathogens in the
Sonoma Creek Watershed.
Through Regional Water Board Resolution R2-2006-0042, adopted
June 14, 2006, the San Francisco Bay Regional Water Quality Control
Board amended the Water Quality Control Plan for the San Francisco
Bay Region (Basin Plan). The Basin Plan amendment includes new regu-
latory provisions, summarized below:
1. Numeric water quality targets for Sonoma Creek consisting of:
• Geometric mean and single sample maxima for E. coli density. Fe-
cal Coliform densities, and Total Coliform densities. In addition, a pro-
hibition of discharge of untreated or inadequately treated human waste
was included.
2. A TMDL for Sonoma Creek consisting of:
• Geometric mean and single sample maxima for E. coli density. Fe-
cal Coliform densities, and Total Coliform densities. All sources of un-
treated or inadequately treated human waste have an allocation of zero.
3. Allocations of the total maximum daily load among the various
sources of pathogens in the Sonoma Creek watershed:
• On-site sewage disposal systems (septic systems)
• Sanitary sewer systems
• Municipal runoff
• Grazing lands
• Dairies
• Municipal wastewater treatment facility
• Wildlife
4. The TMDL implementation plan builds upon existing efforts and re-
quires actions by source categories to reduce pathogen loads and achieve
allocations. These actions include evaluation of operating practices, de-
velopment of comprehensive and site-specific pathogen control mea-
sures, and submittal of progress reports documenting actions undertaken.
5. A plan and schedule for monitoring and evaluating progress toward
meeting targets and implementing proposed actions.
History
1. New section summarizing amendment to basin plan filed 12-7-2007; amend-
ment approved by State Water Resources Control Board Resolution No.
2007-0054; amendment approved by OAL pursuant to Government Code sec-
tion 1 1353 on 12-7-2007 (Register 2007, No. 49).
§ 391 9.1 . Site-Specific Water Quality Objectives for
Cyanide for San Francisco Bay and an
Implementation Plan.
Through Regional Water Board Resolution R2-2006-0086, adopted
December 13, 2006, the San Francisco Bay Regional Water Quality Con-
trol Board amended the Water Quality Control Plan for the San Francisco
Bay Region (Basin Plan). On December 4, 2007, the State Water Re-
sources Control Board (State Water Board) approved this amendment
under State Water Board Resolution No. 2007-0077. The Basin Plan
amendment includes new regulatory provisions, summarized below:
• Chronic (4-day average) and acute ( 1-hour average) marine site-
specific objectives for cyanide in San Francisco Bay.
Page 162.2(a)
Register 2008, No. 20; 5-16-2008
§ 3919.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
• An implementalion plan and monitoring surveillance program to
ensure maintenance and attainment of the marine site-specific objectives
and protection of water quality.
• Effluent limits for cyanide shall be derived from the new marine
site-specific objectives, using the methodology in the "Policy for Imple-
mentation of Toxics Standards for Inland Surface Waters, Enclosed
Bays, and Estuaries of California."
• Where a shallow water discharge is allowed, effluent limits for
such discharges will be based on the dilution credits set forth in the
amendment.
History
1. New section summarizing amendment to basin plan filed 2-28-2008; amend-
ment approved by State Water Resources Control Board Resolution No.
2007-0077 on 12-4-2007; amendment approved by OAL pursuant to Govern-
ment Code section 11 353 on 2-28-2008 (Register 2008, No. 9).
§ 3919.2. Disposal of Dredged Sediment in San Francisco
Bay.
On June 19, 2001, the San Francisco Bay Regional Water Quality
Control Board adopted two resolutions, which together implement the
Long-Term Management Strategy for the Disposal of Dredged Materials
in the San Francisco Bay Region (LTMS). The LTMS provides for a
phased-in reduction of the volume of dredged sediment disposed of in
the San Francisco Bay, while increasing both disposal at a deep ocean
disposal site and beneficial reuse of dredged sediment.
Resolution No. 01-064 amends Chapters 4 and 5 of the Water Quality
Control Plan for the San Francisco Bay Region to implement LTMS con-
sistent with the 2001 LTMS Management Plan. The amendment sets a
long-term overall goal for reducing in-Bay disposal of dredged material
at designated disposal sites to one million cubic yards or less per year, to
be attained in a step-wise maimer over a 1 2-year period.
Resolution No. 01-065 adopts the guidelines contained in the 1998 In-
land Testing Manual and local implementation procedures developed
through the Dredged Material Management Office (DMMO) as the ap-
propriate framework for evaluating the suitability of dredged material for
disposal at in-Bay disposal sites, recognizes the success of DMMO as a
review body for dredging and disposal projects in the Bay, and directs
staff to continue to participate in this group. In addition. Resolution No.
01-065 rescinds outdated Resolution Nos. 80-10, 87-53, and 93-009.
History
1 . New section summarizing amendments to Basin Plan filed 3-10-2008; amend-
ments adopted by San Francisco Bay Regional QuaHty Control Board
6-19-2007 pursuant to Resolution No. 01 -064 and Resolution No. 01-065. Ap-
proved by the State Water Resources Control Board 1 1 -6-2007 pursuant to
Resolution No. 2007-0063; approved by OAL 3-10-2008 pursuant to Govern-
ment Code section 11 353 (Register 2008, No. 11).
§ 391 9.3. Site-Specific Water Quality Objectives for
Copper.
Through Regional Water Board Resolution R2-2007-0042, adopted
June 13, 2007, the San Francisco Bay Regional Water Quality Control
Board amended the Water Quality Control Plan for the San Francisco
Bay Region (Basin Plan). On January 15, 2008, the State Water Re-
sources Control Board approved this amendment under State Board Res-
olution 2008-0005. The Basin Plan amendment includes acute and
chronic site-specific dissolved copper water quality objectives in San
Francisco Bay (north of the Dumbarton Bridge), numeric metal transla-
tors used to calculate water quality-based effluent limits for wastewater
discharges to the Bay north of the Dumbarton Bridge, and a Bay-wide
implementation strategy to ensure attainment of the copper site-specific
water quality objectives.
History
1 . New section summarizing amendments to Basin Plan filed 5-1 3-2008; amend-
ments adopted by the San Francisco Bay Regional Water Quality Control Board
6-13-2007 per Resolution No. R2-2007-0042. Approved by State Water Re-
sources Control Board 1-1 5-2008 per Resolution No. 2008-0005; approved by
OAL 5-13-2008 pursuant to Government Code section 1 1353 (Register 2008,
No. 20).
Article 3. Central Coast Region
§ 3920. Water Quality Control Plans.
The following are changes to the 1990 Water Quality Control Plan for
the Central Coast Region (Basin Plan): ( 1 ) Revision of language in bene-
ficial use definitions to be more consistent with slatev/ide format.
Changes include adding an "Estuarine Habitat", "Freshwatt r Replenish-
ment", "Hydropower Generation", and "Aquaculture" beneficial use.
The "Fish Migrafion" (Migr) definifion is clarified to emphasize waters
supporting habitat needed by migrating aquatic organisms is included in
the definifion. The "Navigafion" beneficial use is expanded to include
waters used for all types of shipping (not just Naval shipping), waters
used for travel, or waters used for transportafion. The "Commercial and
Sport Fishing" beneficial use is expanded to consider freshi water body
areas not just saline waters. The "Shellfish Harvesfing" beneficial use is
expanded to include waters used for collecfion of shellfis i for human
consumption. Shellfish are also defined as filter feeding varieties. (2) As-
sign designated beneficial uses for approximately 300 add: tional water
bodies and revise beneficial use designafions for approximately 150 wa-
ter bodies. (3) Update water quality objectives for organic chemicals in
accordance with Tifle 22, California Code of Regulations. (4) Add water
quality objecfives for the Paso Robles ground water basin. (5) Add Re-
gional Water Quality Control Board Policy to alleviate seawater intru-
sion in the Salinas and Pajaro ground water basins. (6) Add Regional Wa-
ter Quality Control Board Policy of Appreciation for Discharger
Compfiance.
History
1 . New article 3 and section filed 9-7-94; operative 9-7-94. Resolution No. 94-01
adopted by the Central Coast Regional Water Control Board 2-1 1-94. Resolu-
tion No. 94-44 adopted by State Water Resources Control Board 5-1 8-94. Ap-
proved by OAL pursuant to Government Code section 1 1353 (Rt:gister 94, No.
36).
2. Nonsubstantive amendment to Chapter 5 to remove Section VI.C and repeal Ba-
sin Plan Resolution No. 73-05 and Section 5(f) of Basin Plan Resolution No.
89-04 filed 8-31-2006. Amendment adopted 9-9-2005 by the Central Coast
Regional Water Quality Control Board Resolution No. R3-2C05-0013; ap-
proved 5-15-2006 by the State Water Resources Control Board F.esolution No.
2006-0029; approved by OAL pursuant to Government Code section 1 1353
(Register 2006, No. 35).
§ 3921. Revised Beneficial Use Definitions.
The 1 994 Water Quality Control Plan for the Central Coast Region
(Basin Plan) was amended in September 1994 resulting in re\'isions to the
definitions for the following beneficial uses: Freshwater Replenishment
(FRSH), Navigafion (NAV), Estuarine Habitat (EST), and Sliellfish Har-
vesfing (SHELL).
History
1 . New section filed 3-3-95; operative 3-3-95. Resolution No. 94^36 adopted by
the Central Coast Regional Water Quality Control Board 9-8-94. Resolution
No. 94-115 adopted by the State Water Resources Control Board 11-17-94.
Approved by OAL pursuant to Government Code section 1 1353 (Register 95,
No. 9).
§ 3922. San Lorenzo River Watershed Wastewater
Management Plan.
The 1994 Water Quality Control Plan for the Central Coast Region
(Basin Plan) was amended on April 14, 1995 as follows: the I>an Lorenzo
Valley on-site sepfic system prohibifion was rescinded and replaced with
the "Wastewater Management Plan for the San Lorenzo River Wa-
tershed" and "San Lorenzo Nitrate Management Plan, Phase II Final Re-
port."
History
1. New section filed 10-25-95; operafive 10-25-95. Resolution No. 95-04
adopted by the Central Coast Regional Water Quality Control Board 4-14-95.
Resolution 95-53 adopted by the State Water Resources Control Board
8-17-95. Approved by OAL pursuant to Government Code section 11353
(Register 95, No. 43).
§ 3923. Removal of the Numeric Nitrate Objcictive for the
San Lorenzo River.
On June 2, 2002, the Central Coast Regional Water QuiJity Control
Board adopted Resolufion No. 00-001 amending the V/ater (Quality Con-
Page 162.2(b)
Register 2008, No. :;0; 5-16-2008
Title 23
Regional Water Quality Control Boards
§3927
trol Plan for the Central Coast Basin (Basin Plan). The amendment re-
vised the Basin Plan by removing the numeric nitrate objective for the
San Lorenzo River. Water quality will continue to be protected by the
narrative Basin Plan taste and odor and biostimulatory effects objectives.
The amendment removes the numeric nitrate objective for San Loren-
zo River from Chapter Three, page III- 14 in the Basin Plan.
History
1. New section filed 2-13-2002; operative 2-LV2002. Resolution No. 00-001
adopted by the Central Coast Regional Water Quality Control Board 6-2-2000.
Approved by OAL pursuant to Government Code section 11353 (Register
2002, No. 7).
§ 3924. Total Maximum Daily Load (TMDL) for Pathogens
in Morro Bay, Including Chorro and Los Osos
Creeks.
Establishes a Total Maximum Daily Load (TMDL) for pathogens in
Morro Bay, Chorro and Los Osos Creeks to address impairment of the
beneficial uses of Shellfish Harvesting, Contact Recreation and Non-
contact Recreation by excessive levels of bacterial indicator organisms.
The numeric target in the Bay is equal to the California Department of
Health Service's standard, and the numeric targets for the Creeks are
equal to the existing water quality objectives. An implicit margin of safe-
ty was incorporated into the TMDL through the use of conservative nu-
meric targets.
The Regional Water Quality Control Board (Regional Board) will rely
on self-determined actions and actions required by existing regulatory
authority (National Pollutant Discharge Eliminations Systems permits
for stormwater discharges and Waste Discharge Requirements [WDRs]
for treated sewage discharges) for a ten-year implementation period to
achieve the TMDL. The Regional Board will monitoring water quality
for compliance with the numeric targets for fecal coliform and/or other
appropriate bacterial indicator organisms and will track implementation
progress. Any future revision of the TMDL or the numeric targets will
be considered through the Basin Plan amendment process. If future revi-
sion to the implementation strategy is recommended, the revision will be
considered through the Basin Plan amendment process and/or on a case-
by-case basis through existing regulatory authority (e.g., additional
WDRs).
History
1. New section filed 11-19-2003; operative 11-19-2003. Resolution No.
R3-2002-01 17 adopted by the Central Coast Regional Water Quality Control
Board 5-16-2003; Resolution No. 2003-060 adopted by the State Water Re-
sources Control Board 9-16-2003. Approved by OAL pursuant to Government
Code section 1 1353 (Register 2003, No. 47).
§ 3925. Concise Summary of Regulatory Provisions.
Regional Board Resolution No. R3-2002-005 1 , adopted on May 16,
2003 by the Central Coast Regional Water Quality Control Board (Re-
gional Board), modified the regulatory provisions of the Water Quality
Control Plan for the Central Coast Region (Basin Plan) by establishing
a Total Maximum Daily Load (TMDL) for Sediment in Chorro Creek,
Los Osos Creek, and the Morro Bay Estuary, adopting numeric targets
for sediment, and adopting an implementation plan to achieve the
TMDL.
This Basin Plan amendment establishes the TMDL for sediment in
Chorro Creek at 30,020 tons/year; in Los Osos Creek at 4,864 tons/year;
and in the Morro Bay Estuary at 24,885 tons/year. An implicit margin of
safety was incorporated into the TMDL through the use of conservative
assumptions throughout the sediment source analysis and characteriza-
tion of beneficial uses impacts. The Regional Board set load allocations
for subwatersheds based on fifty percent reductions in erosion. The
amendment establishes numeric targets for streambed sediment charac-
teristics known to be supportive of the beneficial uses protecting anadro-
mous fish and for the volume of tidal prism in the Morro Bay Estuary. The
numeric targets interpret narrative water quality objectives for sediment
in the Basin Plan. The Regional Board will evaluate the TMDL by moni-
toring numeric targets and tracking implementation actions. Imple-
mentation emphasizes the activities of the Morro Bay National Estuary
Program, Coastal San Luis Resources Conservation District, and other
public and private groups to implement self-determined activities identi-
fied in the amendment language. If self-determined actions have not
been completed at the end of the third year of implementation, staff will
develop a regulatory approach (rather than a self-determined approach)
and present a revised implementation plan to the Regional Board as a Ba-
sin Plan amendment. This Basin Plan amendment establishes a 50-year
implementaUon period to achieve the TMDL. Revision of the TMDL, the
numeric targets, or the implementation strategy would be considered
through the Basin Plan amendment process.
History
1 . New section suinmaiizing regulatory provisions of basin plan amendment filed
12-3-2003; regulatory provisions adopted by the Central Coast Regional Water
Quality Control Board pursuant to Resolution No. R3-2002-0051 on
5-16-2003; approved by OAL and effective 12-3-2003 pursuant to Govern-
ment Code section II 353 (Register 2003, No. 49).
§ 3926. Amends the Water Quality Control Plan (Basin
Plan) for the Central Coast Region to Include a
Revised and Updated Monitoring and
Assessment Chapter (Chapter 6).
On December 24, 2002, the Central Coast Regional Water Quality
Control Board (Regional Board) adopted an amendment to the V^ater
Quality Control Plan — Central Coastal Basin, 1994 (Basin Plan). The
Water Quality Control Plan — Central Coastal Basin, 1994 (Basin Plan)
serves as the cornerstone water quality protecfion policy and legal stan-
dards for the Central Coast. It idenfifies beneficial uses of surface and
ground waters, establishes water quality objectives to protect beneficial
uses, and provides an implementafion plan to achieve those objecfives.
The Basin Plan includes a chapter on surveillance, monitoring, and as-
sessment programs of the State and the Region (Chapter 6). Over the in-
tervening years, new monitoring and assessment programs have been de-
veloped and exisfing monitoring and assessment programs have
changed.
The purpose of this amendment is to include up-to-date information
on State and Regional surveillance, monitoring, and assessment pro-
grams and requirements described in Chapter 6 of the Basin Plan.
History
1 . New section summarizing regulatory provisions of Basin Plan amendment filed
12-22-2003; operative 12-22-2003 (Register 2003, No. 52). Basin Plan
amendment adopted by the Central Coast Regional Water Quality Control
Board 12-24-2002. Approved by OAL 12-23-2003 pursuant to Government
Code section 11353.
§ 3927. A Total Maximum Daily Load and Implementation
Plan for Sediment in the San Lorenzo River,
Including Carbonera Creek, Lompico Creek,
and Shingle Mill Creek.
Regional Board ResoluUon No. R-3-2002-0063, adopted on May 1 6,
2003 by the Central Coast Regional Water Quality Control Board (Re-
gional Board), modified the regulatory provisions of the Water Quality
Control Plan for the Central Coast Region (Basin Plan) by establishing
Total Maximum Daily Loads (TMDLs) for Sediment in the San Lorenzo
River, including Carbonera Creek, Lompico Creek, and Shingle Mill
Creek, adopting numeric targets for sediment, and adopting an imple-
mentation plan to achieve the TMDLs.
This Basin Plan amendment establishes the TMDL for sediment in the
San Lorenzo River at 306,139 tons/year; in Carbonera Creek at 1 1,728
tons/year; in Lompico Creek at 9,542 tons/year; and in Shingle Mill
Creek at 857 tons/year. An implicit margin of safety was incorporated
into the TMDLs through the use of conservative assumptions throughout
the sediment source analysis and characterization of beneficial use im-
pacts. The Regional Board also allocated the TMDLs, based on achiev-
able reductions in sediment loading of up to 27 percent of current loads,
to the major land use categories in the watershed. Through this Basin Plan
amendment, the Regional Board adopted numeric targets for streambed
sediment characteristics known to be supportive of the beneficial uses
protecting anadromous fish. These numeric targets interpret nan-ative
water quality objectives for sediment in the Basin Plan. The Regional
Board will evaluate the TMDLs by monitoring numeric targets and track-
ing implementation actions. Implementation emphasizes the role of the
Page 162.2(b)(1)
Register 2008, No. 20; 5-16-2008
§3928
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Santo Cruz County Departments of Planning and Public Works, the San-
ta Cruz County Resource Conservation District, and other public and pri-
vate groups to implement self-determined activities identified in the
amendment language. By the end of the first year of implementation, the
Regional Board and the implementing parties will establish a time sched-
ule for completion of trackable implementation actions identified in the
amendment language, or, staff will develop the schedule and present it
to the Regional Board as a Basin Plan amendment. If, in future years,
self-determined actions have not been completed, staff will develop a
regulatory approach (rather than a self-determined approach) and pres-
ent a revised implementation plan to the Regional Board as a Basin Plan
amendment. The Regional Board scheduled a 25-year implementation
period to achieve the TMDL. Revision of the TMDL, the numeric targets,
or the implementation strategy would be considered through the Basin
Plan amendment process.
History
1 . New section summaiizing regulatory provisions of Basin Plan amendment filed
12-18-2003; operative 12-18-2003. Basin Plan amendment adopted by the
Central Coast Regional Water Quality Control Board pursuant to Resolution
No. R3-2002-063 on 5-16-2003; Resolution No. 2003-0061, approving the
ainendment to the Basin Plan, adopted by the State Water Resources Control
Board on 9-1 6-2003. Approved by OAL 1 2-1 8-2003 pursuant to Government
Code section 11 353 (Register 2003, No. 51).
§ 3928. Total Maximum Daily Load (TMDL) and
Implementation Plan for Pathogens in San Luis
Obispo Creek.
On December 3, 2004, the Central Coast Regional Water Quality Con-
trol Board (Central Coast Water Board) adopted Resolution No.
R3-2004-0 1 42 amending the Water Quality Control Plan for the Central
Coast Region (Basin Plan). The amendment revised the Basin Plan by es-
tablishing the San Luis Obispo Creek Total Maximum Daily Load and
Implementation Plan for Pathogens (TMDL).
The TMDL addresses impairment of San Luis Obispo Creek due to fe-
cal coliform. Current fecal coliform concentration in San Luis Obispo
Creek is impairing the water contact recreation and non-contact water
recreation beneficial uses (REC-1 and REC-2, respectively.) The
TMDL establishes a numeric target for fecal coHform consistent with
current Basin Plan objectives protecting both REC-1 and REC-2 benefi-
cial uses. Fecal coliform concentration, based on a minimum of not less
than five samples for any 30-day period, shall not exceed a log mean of
200 MPN per lOOmL, nor shall more than ten percent of total samples
collected during any 30-day period exceed 400 MPN per lOOmL.
Achieving the numeric target is the responsibility of several entities de-
scribed in the Basin Plan amendment. An implicit margin of safety is uti-
lized in the TMDL to account for uncertainties.
The Central Coast Water Board is relying on existing regulatory au-
thority to insure implementation actions are carried out by the imple-
menting parties using existing permits. An implementation target often
years is established for achieving the TMDL. The Central Coast Water
Board will track progress towards achieving the TMDL through review
of implementation actions and monitoring conducted by the implement-
ing parties. Staff will conduct triennial reviews of implementation ac-
tions and monitoring results. If existing efforts are not expected to
achieve the TMDL as scheduled (as determined by a triennial review),
staff will recommend that additional reporting, monitoring, or imple-
mentation efforts be required either through approval by the Executive
Officer (e.g., pursuant to California Water Code section 1 3267 or 13383)
or by the Central Coast Water Board (e.g., through revisions of existing
permits and/or a Basin Plan amendment).
History
1. New section summarizing amendments to Basin Plan filed 7-25-2005; opera-
tive 7-25-2005. Amendments adopted by the Central Coast Regional Water
Quality Control Board 12-3-2004 by Resolution No. R3-2004-0142; ap-
proved by the State Water Resources Control Board 5-19-2005 by Resolution
2005-0037; approved by OAL 7-25-2005 pursuant to Government Code sec-
tion 11353 (Register 2005, No. 30).
§ 3929. Total Maximum Daily Load (TMDL) and
Implementation Plan for Nitrate-N in San Luis
Obispo Creek.
Resolution No. R3-2005-0106, adopted on September 9, 2003 by the
Central Coast Regional Water Quality Control Board (Central Coast Wa-
ter Board), modified the regulatory provisions of the Water Quality Con-
trol Plan for the Central Coast Region. The State Water Resources Con-
trol Board (State Water Board) approved the amendment on June 21,
2006, under Resolution No. 2006-0045. Resolution No. R3-2005-0106
established the San Luis Obispo Creek Total Maximum Daily Load
(TMDL) and Implementation Plan for Nitrate-Nitrogen (nitrate-N). The
TMDL addresses impairment of San Luis Obispo Creek due to nitrate-N.
Current nitrate-N concentrations in San Luis Obispo Creek are impairing
the beneficial uses of the municipal and domestic supply ol" water. The
TMDL establishes a numeric target for nitrate-N consistent with the cur-
rent Water Quality Control Plan objective protecting the mimicipal and
domestic water supply beneficial use. Responsibility for achieving the
numeric target falls upon several entities as described in the resolution.
The TMDL utilizes an implicit margin of safety to account for uncertain-
ties. The Central Coast Water Board is relying on existing regulatory au-
thority to ensure that implementafion actions are carried out, through Na-
tional Pollutant Discharge Elimination System permits, waste discharge
requirements, and waivers. An implementation target date of the year
20 1 2 is established for achieving the TMDL. The Central Coast Water
Board will track progress towards achieving the TMDL through review
of implementation actions and monitoring conducted by the mplement-
ing parties. Central Coast Water Board staff plans to conduct iriennial re-
views of implementafion acfions and monitoring results. If tbe triennial
review shows that exisfing efforts will not achieve the TMDL as sched-
uled, the Execufive Officer of the Central Coast Water Board may require
changes to exisfing monitoring, reporting, or implementaf on efforts,
pursuant to California Water Code section 13267 or section 13383.
History
1 . New section summarizing amendments to Basin Plan filed 8-4-2006; operative
8^-2006. Amendments adopted by the Central Coast Regional Water Quality
Control Board 9-9-2005 by Resolution No. R3-2005-0106; approved by State
Water Resources Control Board 6-21-2006 by Resolution No. 2006-0045; ap-
proved by OAL pursuant to Government Code section 1 1 353 8-4-2006 (Regis-
ter 2006, No. 31).
§ 3929.1. Total Maximum Daily Load and Implementation
Plan for Pathogens, Livestock Waste
Discharge Prohibition, and Removal of the
Shellfish Harvesting Beneficial Use from
Watsonville Slough and Tributaries.
Resolution No. R3-2006-0025, adopted on March 24, 2006 by the
Central Coast Regional Water Quality Control Board (Central Coast Wa-
ter Board), modified the regulatory provisions of the Water Quality Con-
trol Plan for the Central Coast Region (Basin Plan) by establishing the
Watsonville Slough Total Maximum Daily Load (TMDL) for pathogens,
adopting numeric targets for indicator organisms, adopting an imple-
mentation plan to achieve the TMDL, and adopting a livestock waste dis-
charge prohibition. The State Water Resources Control Board 'State Wa-
ter Board) approved the amendment on September 21, 2Ci06, under
Resolution No. 2006-0067.
The TMDL addresses the Watsonville Slough Watershed, which in-
cludes Watsonville, Harkins, Struve, Hanson, and Gallighan Sloughs,
which do not meet water quality standards due to pathogens, /^.n implicit
margin of safety was incorporated into the TMDL through the use of con-
servative assumptions throughout the source analysis and characteriza-
tion of beneficial use impacts. The Central Coast Water Board set load
allocations for operators or owners of irrigated lands who Imd-apply
non-sterile manure, as well as operators of livestock facilities or owners
of animals and livestock facilities. The Central Coast Water Board set
wasteload allocations for Santa Cruz County and the City of Watsonville.
The amendment establishes numeric targets for the indicator organism
fecal coliform that demonstrate the presence of fecal pollution. These nu-
Page 162.2(b)(2)
Register 2008, No. 20; 5-16-2008
Title 23
Regional Water Quality Control Boards
§ 3930
•
nieric targets are consistent within tlie Basin Plan's water quality objec-
tives that are known to be supportive of the beneficial uses protecting wa-
ter contact recreation. The numeric targets are the water quality
objectives for water contact recreation in the Basin Plan.
The TMDL relies on a livestock waste discharge prohibition for the
Watson ville Slough Watershed that prohibits owners of animals and live-
stock facilities or operators of livestock facilities from discharging any
livestock animal waste from any activity into waters of the State within
the Watsonville Slough Watershed, or to submit either a Nonpoint
Source Pollution Control Implementation Program or document that
their activity does not result in a discharge. The Central Coast Water
Board will also rely upon National Pollutant Discharge Elimination Sys-
tem permits, waste discharge requirements (WDRs), and waivers of
WDRs to ensure that implementing parties carry out implementation ac-
tions. As described in the resolution, several entities are responsible for
achieving the numeric target. This Basin Plan amendment establishes a
ten year implementation period to achieve the TMDL. The amendment
specifies that the Central Coast Water Board will track progress towards
achieving the TMDL through review of implementation actions and
monitoring conducted by the implementing parties. The amendment also
states that the Central Coast Water Board staff will conduct triennial re-
views of implementation actions and monitoring results. If monitoring
demonstrates efforts will not achieve the TMDL as scheduled (as deter-
mined by a triennial review), the Executive Officer of the Central Coast
Water Board may require changes to existing monitoring, reporting, or
implementation efforts pursuant to Water Code (WC) sections 13267 or
13383. Should Nonpoint Source Pollution Control Implementation Pro-
grams or documentation require modification, or if a party fails to submit
a Program or documentation, the Executive Officer may issue a civil li-
ability complaint pursuant to WC sections 13268 or 13350 or, altema-
fively, propose individual or general WDRs to assure compliance with
the prohibition.
History
1 . New section summarizing amendments to basin plan filed 1 1-20-2006; amend-
ments approved by State Water Resources Control Board Resolution No.
2006-0067 on 9-2 1 -2006; amendments approved by OAL pursuant to Govern-
ment Code section 11353 on 11-20-2006 (Register 2006, No. 47).
§ 3929.2. Total Maximum Daily Loads and Implementation
Plan for Sediment in Pajaro River Including
Llagas Creek, Rider Creek, and San Benito
River and a Land Disturbance Prohibition.
Resolution No. R3-2005-0132, adopted on December 2, 2005 by the
Central Coast Regional Water Quality Control Board (Central Coast Wa-
ter Board), modified the regulatory provisions of the Water Quality Con-
trol Plan for the Central Coast Region (Basin Plan) by establishing Pajaro
River Watershed Total Maximum Daily Load (TMDLs) for sediment
(including Llagas Creek, Rider Creek, and San Benito River); adopted
numeric targets for sediment; adopted an implementation plan to achieve
the TMDLs, and adopted a Land Disturbance Prohibition. The State Wa-
ter Resources Control Board (State Water Board) approved the amend-
ment on September 21, 2006, under Resolution No. 2006-0068.
The TMDLs address impairment of Pajaro River, Llagas Creek, Rider
Creek, and San Benito River due to sedimentation. An implicit margin
of safety was incorporated into the TMDLs through the use of conserva-
Uve assumptions throughout the sediment source analysis and character-
izafion of beneficial use impacts. The Central Coast Water Board set load
allocations for subwatersheds based on reduction of sediment from agri-
cultural, rangeland, rural residential, and mining activities, as well as re-
ductions in road-related erosion. The amendment estabUshes numeric
targets for suspended sediment concentrations and streambed sediment
characteristics that are known to be supportive of the beneficial uses pro-
tecting anadromous fish. The numeric targets interpret narrative water
quality objectives for sediment in the Basin Plan.
The TMDLs rely on a Land Disturbance Prohibition for the Pajaro
River Watershed that requires owners and operators of grazing, farm ani-
mal and livestock, hydromodification, and road activities to submit a
Nonpoint Source Pollution Control Implementation Program or docu-
ment that their activity does not result in the discharge of sediment. The
Central Coast Water Board will rely upon National Pollutant Discharge
Elimination System permits, waste discharge requirements (WDRs) and
waivers of WDRs to ensure that implementing parties carry out imple-
mentation actions. Responsibility for achieving the numeric targets falls
upon several entities as described in the resolution. This Basin Plan
amendment establishes a 45-year implementation period to achieve the
TMDLs. The Central Coast Water Board plans to track progress towards
achieving the TMDLs through review of implementation actions and
monitoring conducted by the implementing parties. Central Coast Water
Board staff plans to conduct triennial reviews of implementation actions
and monitoring results. If ongoing efforts are not expected to achieve the
TMDLs as scheduled (as determined by a triennial review), the Execu-
tive Officer of the Central Coast Water Board may require changes to ex-
isting monitoring, reporting, or implementation efforts pursuant to Water
Code (WC) section 13267 or 13383. Should Nonpoint Source Pollution
Control Implementation Programs or documentation require modifica-
tion or, if a party fails to submit a Program or documentation, the Execu-
tive Officer may issue a civil liability complaint pursuant to WC section
13268 or 13350 or, alternatively, propose individual or general WDRs
to assure compliance with the prohibition.
History
1 . New section summarizing amendments to basin plan filed 1 1-27-2006; amend-
ments approved by State Water Resources Control Board Resolution No.
2006-0068 on 9-2 1-2006; amendments approved by OAL pursuant to Govern-
ment Code section 11 353 on 1 1-27-2006 (Register 2006, No. 48).
Article 4. Los Angeles Region
§ 3930. Revised Water Quality Control Plan for the Los
Angeles Region.
The revised Water Quality Control plan (Basin Plan) for the Los An-
geles Region, as adopted June 13, 1994, by the Los Angeles Regional
Water Quality Control Board modifies the regulatory provisions of the
previous Basin Plan and its amendments as follows:
(a) Beneficial Use Categories and Definitions: Add definitions for
"Aquaculture," "Estuarine Habitat," and "Wetland Habitat." Revise
beneficial use categories previously incorporated: "Municipal and Do-
mestic Supply," "Agricultural Supply," "Industrial Process Supply,"
"Freshwater Replenishment," "Navigation," "Contact Water Recre-
ation," "Non-Contact Water Recreation," "Commercial and Sport Fish-
ing," "Warm Freshwater Habitat," "Cold Freshwater Habitat," "Inland
Saline Water Habitat," "Marine Habitat," "Wildlife Habitat," "Rare,
Threatened or Endangered Species," "Migration of Aquatic Organisms,"
"Spawning, Reproduction, and/or Early Development," and "Shellfish
Harvesting."
(b) Water Body Type Definitions: add definition of "WeUands";
(c) Waste Discharge Requirements (Inland Waters): Add interim re-
striction on new effluent limits for waters designated as "Municipal and
Domestic Supply" (MUN) under State Board Resolution No. 88-63 and
Regional Board Resolution No. 89-03.
(d) Add clarification of "Wetiand Habitat" designation.
(e) Inland Surface Water:
(1) Add numeric and narrative objectives for total and un-ionized am-
monia;
(2) Amend coliform bacteria testing frequency;
(3) Add narrative objective for bioaccumulation;
(4) Add narrative objective for biochemical oxygen demand;
(5) Add narrative objective and revise numeric objectives for chemical
constituents in MUN use;
(6) Add numeric and narrative objectives for total residual chlorine;
(7) Add narrative objective for exotic vegetation;
(8) Add numeric objective for methylene blue activated substances;
(9) Revise numeric objective for pesticides;
(10) Add numeric and narrative objective for polychlorinated biphe-
nyls;
Page 162.2(b)(3)
Register 2008, No. 27; 7-4-2008
§3931
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(11) Revise numeric objeclives for radioactivity in MUN use;
(12) Add maximum contaminant level numeric objective for uranium
in MUN use;
(13) Revise numeric objective for temperature;
(14) Revise narrative objective for toxicity;
(15) Revise narrative objective for turbidity;
(16) Add narrative objective for wetlands;
(17) Revise numeric mineral objectives for total dissolved solids
(TDS), sulfate, chloride, boron, nitrogen and sodium adsorption ratio for
selected inland surface waterbodies.
(0 Ground Water:
( 1 ) Revise numeric objective for bacteria;
(2) Revise numeric objectives for chemical constituents and radionu-
clides in MUN use;
(3) Add maximum contaminant level numeric objective for Uranium
in MUN use;
(4) Revise numeric mineral objectives for TDS. sulfate, chloride, and
boron for selected ground water basins;
(5) Add numeric objective for nitrogen,
(g) Site specific objectives:
(1) Add guidelines for the development of site-specific objectives;
(2) Add criteria for site-specific determination of effluent limit.
(h) Waste Discharge Requirements (Land Disposal):
( 1 ) Add procedures for siting inert landfills.
History
1. New article 4 and section filed 2-23-95; operative 2-23-95. Resolution No.
94-007 adopted by the Los Angeles Regional Water Quality Control Board
6-13-94. Resolution No. 94-89 adopted by Slate Water Resources Control
Board 11-17-94. Approved by OAL pursuant to Government Code section
11353(Register95, No. 8).
§ 3931 . Revision of Surface Water Quality Objectives for
Chloride and Incorporation of a Revised Policy
for Addressing Levels of Chloride in
Discharges of Wastewater.
Regional Board Resolution No. 97-02, adopted on January 27, 1997,
by the Los Angeles Regional Water Quahty Control Board
(LARWQCB), modified the regulatory provisions of the Water Quality
Control Plan for the Los Angeles Region by: ( 1 ) revising chloride objec-
tives for certain water body segments in the Los Angeles River and San
Gabriel River watersheds, (2) establishing interim chloride limits for ex-
isting dischargers in the Santa Clara River and Calleguas Creek wa-
tersheds, and (3) establishing a procedure to assess chloride loading and
effect protection of the agricultural beneficial use in the Santa Clara Riv-
er and Calleguas Creek watersheds.
History
1 . New section filed 1-9-98; operative 1-9-98. Resolution No. 97-02 adopted by
Los Angeles Regional Water Quality Control Board 1-27-97. Approved by
OAL pursuant to Government Code section 1 1353 (Register 98, No. 2).
§ 3932. Removal of the Municipal and Domestic (MUN)
Beneficial Use Designation from Two Areas of
One Ground Water Basin.
Regional Board Resolution No. 98-18 adopted on November 2, 1998
by the Los Angeles Regional Water Quality Control Board modified the
regulatory provisions of the Water Quality Control Plan for the Los An-
geles Region by removing the MUN beneficial use designation from two
specifically defined areas of one ground water basin [the portion of West
Basin underlying Chevron Facility in El Segundo and the aquifers under-
lying Terminal Island and portions of the Los Angeles and Long Beach
Harbors].
History
1. New section summarizing amendment to plan filed 2-9-2000; Basin Plan
amendment adopted by the Los Angeles Regional Water Quality Control Board
11-2-98 per Resolution No. 98-18; approved by OAL and effective 2-9-2000
pursuant to Government Code section 11 353 (Register 2000, No. 6).
§ 3933. A Total Maximum Daily Load for Trash for the East
Fork of the San Gabriel River.
Resolution No. 99-15, adopted on October 28. 1999 by the Los An-
geles Regional Water Quality Control Board (LARWQCB), modified
the regulatory provisions of the Water Quality Control Plan for the Los
Angeles Region by (1) revising the Table of Contents, (2) adding
introductory text for Chapter 7 (Total Maximum Daily Loads), and (3)
establishing a Total Maximum Daily Load (TMDL) for TrasJi for the East
Fork of the San Gabriel River. The TMDL addresses impairment to water
quality due to trash being deposited in and along the stream by recreation-
al users. The TMDL sets a numeric target of no trash in the river which
implicitly incorporates a margin of safety, based on a conservative inter-
pretation of narrative water quality objectives. As the respoasible party,
the U.S. Forest Service is assigned a load allocation of zero trash dis-
charged to the river. On May 25, 2000, the LARWQCB adoi)ted Resolu-
tion No. 00-10, which revised the implementation dates contained within
the TMDL. The U.S. Forest Service must submit a TMDL Implementa-
tion Plan within 60 days of the effective date of the amendment and begin
implementation and monitoring within 90 days of the effectiv e date of the
amendment. The U.S. Forest Service must demonstrate comaliance with
the TMDL numeric target no later than April 1, 2003.
History
1 . New section summarizing amendments to Basin Plan filed 9-8-2000; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board on
10-28-99 and 5-25-2000: approved by OAL and effective 9-8-2000 pursuant
to Government Code section 1 1353 (Register 2000, No. 36).
§ 3934. Septic System Prohibition In the Oxnard l=orebay.
Resolution No. 99- 1 3 adopted on August 12,1 999 by the l^os Angeles
Regional Water Quality Control Board (LARWQCB) amends the Los
Angeles Water Quality Control Plan (Basin Plan) to prohibit new septic
systems in the Oxnard Forebay area of Ventura County effective on the
date of approval by the Office of Administrative Law. The amendment
also prohibits discharges from existing septic systems after January 1 ,
2008. The prohibition does not prevent repairs to existing septic systems
in the Oxnard Forebay prior to January 1 , 2008, provided that the purpose
of such repairs is not to increase capacity. Individual septic systems lo-
cated on lot sizes equal to or greater than five acres are subjec : to this pro-
hibition. However, the prohibition does not preclude the LARWQCB
from issuing Waste Discharge Requirements for septic systsms on lots
of greater than five acres.
History
1. New section summarizing amendments to Basin Plan filed 5-14-2001; ap-
proved by OAL and effective 5-1 1-2001 pursuant to Government Code section
1 1353 (Register 2001, No. 20).
§ 3935. A Total Maximum Daily Load for Trash for the Los
Angeles River Watershed.
Regional Board Resolution No. 2007-012 adopted on August 9, 2007
by the Los Angeles Regional Water Quality Control Board, modified the
Regulatory provisions of the Water Quality Plan for the Los i^vngeles Re-
gion (Basin Plan) by (1) revising the Table of Contents and the List of
Figures, Tables, and Inserts. (2) adding text to Chapter 3 (Water Quality
Objectives) to reference specific guidelines for the Los Angeles River,
and (3) adding text to Chapter 7 (Total Maximum Daily Loads Summa-
ries) which establishes a Total Maximum Daily Load (TMDL) for Trash
for the Los Angeles River Watershed. This TMDL addresses the impair-
ment of water quality due to trash being discharged to the river via munic-
ipal storm drains; and will be implemented primarily through the Nation-
al Pollutant Discharge Elimination System storm-water permits.
The numeric target of zero trash in the river implicitly incorporates a
margin of safety, based on a conservative interpretation of ntjrrative wa-
ter quality objectives. The TMDL sets baseline waste load allocations for
each responsible jurisdiction based on trash generation per land use with-
in its boundaries; and establishes a schedule for progressive reductions
from the baseline, over a period of nine years, until the numeric target is
reached. California Department of Transportation and the Los Angeles
County Department of Public Works and its municipal storm water co-
Page 162.2(b)(4)
Register 2008, No. 27; 7-4-2008
Title 23
Regional Water Quality Control Boards
§ 3938
permittees are the responsible jurisdictions under this TMDL. To the ex-
tent nonpoint source implementation of load allocations is necessary, it
will be accomplished, consistent with the Plan for Nonprofit Source
Pollution Control Policy.
Responsible jurisdictions have the option of installing Executive Offi-
cer certified full capture systems, or implementing a combination of par-
tial-capture trash best management practices and institutional controls in
order to meet compliance requirements. An implementation report, out-
lining how responsible agencies intend to comply with the TMDL, will
be prepared six months after the effective date of the TMDL. The imple-
mentation phase of the TMDL is scheduled to begin on September 30,
2008. Compliance with the TMDL numeric target must be demonstrated
no later than September 30, 2016.
History
1 . New section summai^izing amendments to basin plan filed 7-16-2002; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board Reso-
lution No. 01-01.1 on 9-19-2001; approved by State Water Resources Control
Board Resolution No. 02-0038 on 2-19-2002; amendments approved by OAL
pursuant to Government Code section 1 1353 on 7-16-2002 (Register 2002, No.
29).
2. Hditorial correction of History 1 (Register 2008, No. 27).
3. Section summarizing amendments to basin plan filed 7-1-2008; amendments
approved by State Water Resources Control Board Resolution No. 2008-0024
on 4-15-2008; amendments approved by OAL pursuant to Government Code
section 11 353 on 7-1-2008 (Register 2008, No. 27). Prior amendments of the
basin plan adopted by Los Angeles Regional Water Quality Control Board Res-
olution No. 01-013 on 9-19-2001 set aside by appellate court in Cit\' of Arcadia
V. State Water Resources Control Board (2006), 135 Cal.App.4th 1392.
§ 3936. A Total Maximum Daily Load for Trash for the
Ballona Creek and Wetland.
Regional Board Resolution No. 01-014, adopted on September 19,
2001 by the Los Angeles Regional Water Quality Control Board, modi-
fied the Regulatory provisions of the Water Quality Plan for the Los An-
geles Region (Basin Plan) by (1) revising the Table of Contents and the
List of Figures, Tables, and Inserts, (2) adding text to Chapter 3 (Water
Quality Objectives) to reference specific guidelines for the Ballona
Creek and Wedand, and (3) adding text to Chapter 7 (Total Maximum
Daily Loads Summaries) which establishes a Total Maximum Daily
Load (TMDL) for Trash for the Ballona Creek and Wetland. This TMDL
addresses the impairment of water quality due to trash being discharged
to the creek via municipal storm drains; and will be implemented through
the National Pollutant Discharge Elimination System storm-water per-
mits.
The numeric target of zero trash in the river implicitly incorporates a
margin of safety, based on a conservative interpretation of narrative wa-
ter quality objectives. The TMDL estabUshes a schedule for progressive-
ly reducing the amount of trash discharged by ten percent per year, until
the target is reached. California Department of Transportation and the
Los Angeles County Department of Public Works and its municipal
storm water co-permittees are responsible for trash discharged from the
storm drains to the Ballona Creek and Wetland, and have been assigned
default waste load allocations. The permittees are required to submit a
plan for baseline monitoring to refine the waste load allocations within
30 days of the Regional Board's request as authorized by Section 13267
of the California Water Code. After a period of baseline monitoring, the
implementation phase of the TMDL is scheduled to begin on October 1 ,
2003. Compliance with the TMDL numeric target must be demonstrated
no later than September 30, 2015.
History
1. New section summarizing amendments to Basin Plan filed 7-18-2002; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board
9-19-2001. Resolution No. 2002-0039 adopted by State Water Resources
Control Board 2-19-2002: approved by OAL and effective 7-18-2002 pur-
suant to Government Code section 11 353 (Register 2002, No. 29).
§ 3937. Revised Bacteria Objectives for Waters Designated
for Water Contact Recreation.
On October 25, 2001 the Los Angeles Regional Water Quality Control
Board (Regional Board), adopted Resolution No. 01-018 amending the
Water Quality Control Plan for the Los Angeles Region (Basin Plan). The
amendment revised the Basin Plan by incorporating new water quality
objectives for bacteria for fresh and marine waters. These objectives up-
date the previous objectives and represent the best data currently avail-
able.
In Chapter 3 "Water Quality Objectives" of the Basin Plan, replace
Paragraph 2 under ^'Bacteria, Colifonn"' on p. 3-3 with the following:
In Marine Waters Designated for Water Contact Recreation (REC-1 )
1 . Geometric Mean Limits
a. Total coliform density shall not exceed 1,000/100 ml.
b. Fecal coliform density shall not exceed 200/100 ml.
c. Enterococcus density shall not exceed 35/100 ml.
2. Single Sample Limits
a. Total coliform density shall not exceed 10,000/100 ml.
b. Fecal coliform density shall not exceed 400/100 ml.
c. Enterococcus density shall not exceed 104/100 ml.
d. Total coliform density shall not exceed 1 ,000/100 ml, if the ratio of
fecal-to-total coliform exceeds 0. 1 .
In Fresh Waters Designated for Water Contact Recreation (REC-1 )
1 . Geometric Mean Limits
a. E. coli density shall not exceed 126/100 ml.
b. Fecal coliform density shall not exceed 200/100 ml.
2. Single Sample Limits
a. E. coli density shall not exceed 235/100 ml.
b. Fecal coliform density shall not exceed 400/100 ml.
Implementation Provisions for Water Contact Recreation Bacteria
Objectives
The geometric mean values should be calculated based on a statistical-
ly sufficient number of samples (generally not less than 5 samples equal-
ly spaced over a 30-day period).
If any of the single sample limits are exceeded, the Regional Board
may require repeat sampling on a daily basis until the sample falls below
the single sample limit in order to determine the persistence of the excee-
dance.
When repeat sampHng is required because of an exceedance of any one
single sample limit, values from all samples collected during that 30-day
period shall be used to calculate the geometric mean.
History
1. New section summarizing amendments to Basin Plan filed 9-19-2002; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board
10-25-2001 per Resolution No. 01-018. Resolution No. 2002-0142 adopted
by State Water Resources Control Board 7-18-2002; approved by OAL and ef-
fective 9-19-2002 pursuant to Government Code secfion 11353 (Register
2002, No. 38).
§ 3938. Total Maximum Daily Load for Bacteria During Dry
Weather at Santa Monica Bay Beaches.
This basin plan amendment establishes a Total Maximum Daily Load
(TMDL) for bacteria for Santa Monica Bay Beaches for summer (April
to October 3 1 ) and winter (November I to March 3 1 ) dry weather peri-
ods. The TMDL: (1) establishes the loading capacity of the bay beaches
as the maximum densities of the four bacterial indicators (total coliform,
fecal coliform, enterococcus, and total coliform when fecal-to-total ra-
tio exceeds 0. 1 ) specified in the basin plan as bacteriological water quali-
ty objectives for marine water having a water contact beneficial use des-
ignation; (2) specifies the maximum number of daily and weekly
sampling days per dry period which each of the 56 existing shoreline
monitoring stations may exceed any singe sample maximum density wa-
ter quality objective (no days of exceedance are allowed at any station
during the summer dry weather period); (3) provides that all responsible
jurisdictions and agencies within a subwatershed are jointly responsible
for complying with the allowable number of exceedance days for each
associated shoreline monitoring site; (4) establishes zero exceedance
days during summer and winter dry weather for the three Publicly Owned
Treatment Works discharging into Santa Monica Bay; (5) .specifies that
the samples are to be collected from the wave wash (the compliance
point); and, (6) specifies that the allowable exceedance days, and the rol-
ling 30-day geometric bacteria density means (specified in the basin plan
Page 162.2(b)(5)
Register 2008, No. 27; 7-4-2008
§3939
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
as bacteriological water quality objectives) must be achieved within
three years for the summer dry weather period and within six years for
the winter dry weather period.
The amendment identifies the principle regulatory mechanisms to be
used to implement the TMDL as the Los Angeles County Municipal
Storm Water NPDES permit, the Caltrans Storm Water Permit, the three
NPDES permits for the POTWs, and the authority vested in the Executive
officer by Water Code section 13267. The amendment provides that
within 120 days of its effective date responsible jurisdictions and agen-
cies must submit coordinated shoreline monitoring plans and identify
and provide documentation on 342 specified, potential discharges, and
on unspecified, potential discharges to a specified Area of Special Bio-
logical Significance. The amendment also provides that within two years
after the effective date the regional board must reopen the TMDL to re-
evaluate allowable winter dry weather exceedance days and to re-evalu-
ate the reference system and reference year used for setting allowable ex-
ceedance days.
History
1 . New section summarizing amendments to Basin Plan filed 12-9-2002; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board
1-24-2002 per Resolution No. 02-004. Approved by State Water Resources
Control Board Resolution 2002-0149; approved by OAL and effective
12-9-2002 pursuant to Government Code section 1 1353 (Register 2002, No.
50).
§ 3939. Resolution No. 2002-022, Amendments to the
Water Quality Control Plan for the Los Angeles
Region to Incorporate Implementation
Provisions for the Region's Bacteria
Objectives and to Incorporate a Wet-Weather
Total Maximum Daily Load for Bacteria at
Santa Monica Bay Beaches.
This basin plan amendment establishes implementation provisions for
the bacteria objectives set to protect the water contact recreation (RECl)
beneficial use. Specifically, this amendment incorporates a "reference
syslem/antidegradation approach" and a "natural exclusion approach" as
implementation procedures for the single sample bacteria objectives in
the Basin Plan. It also amends the dry weather TMDL to change the re-
evaluation date in the TMDL from two years after its effective date to
four years after the effective date of the wet weather TMDL to achieve
consistency in scheduling between the dry-weather and wet-weather
TMDLs.
This basin plan amendment establishes a Total Maximum Daily Load
(TMDL) for bacteria for Santa Monica Bay Beaches during wet weather,
defined as days with one-tenth of an inch of rain or greater and the three
days following the rain event as well. The TMDL: (1) establishes the
loading capacity of the bay beaches as the maximum densities of the four
bacterial indicators (total coliform, fecal coliform, enterococcus, and to-
tal coliform when fecal-to-total ratio exceeds 0.1) specified in the basin
plan as bacteriological water quality objectives for marine water having
a water contact beneficial use designation; (2) specifies the maximum
number of daily and weekly wet-weather sampling days per year which
each of the 55 existing shoreline monitoring stations may exceed any
singe sample maximum bacterial density water quality objective; (3) pro-
vides that all responsible jurisdictions and agencies within a subwa-
tershed are jointly responsible for complying with the allowable number
of exceedance days for each associated shoreline monitoring site; (4) es-
tablishes zero exceedance days during wet weather for the three Publicly
Owned Treatment Works discharging into Santa Monica Bay and its wa-
tershed; (5) establishes zero exceedance days during wet weather for
nonpoint sources; (6) specifies that the allowable exceedance days, and
the rolling 30-day geometric bacteria density means (specified in the ba-
sin plan as bacteriological water quality objectives) must be achieved no
later than ten or eighteen years after the effective date of the TMDL, de-
pending on the implementation approach undertaken; (7) requires re-
sponsible jurisdictions and agencies to conduct daily or systematic week-
ly sampling at all major drains and creeks and at existing monitoring
stations at beaches without storm drains or creeks; and, (8) specifies that
the samples are to be collected from the wave wash (the compliance
point).
The amendment identifies the principal regulatory mechanisms to be
used to implement the TMDL as the Los Angeles County Municipal
Storm Water NPDES permit, the Caltrans Statewide Storm Water Per-
mit, the three NPDES permits for the POTWs, the authority vested in the
Executive officer by Water Code sections 1 3263 and 13267, and regula-
tions to be adopted pursuant to Water Code section 13291. The amend-
ment provides that within 120 days of its effective date responsible juris-
dictions and agencies must submit coordinated shoreline monitoring
plans. The amendment also provides that within twenty months after the
effective date responsible jurisdictions and agencies shall provide a draft
written report to the regional board outlining how each intends to coop-
eratively achieve compliance with the TMDL. The amendment then pro-
vides that within two years responsible jurisdictions iind agencies shall
provide a final written report to the regional board outlining low each in-
tends to cooperatively achieve compliance with the TMDL. The amend-
ment also provides that within four years after the effective date the re-
gional board shall reconsider the TMDL to refine allowable \vet-weather
exceedance days, re-evaluate the reference system and rei'erence year
used for setting allowable exceedance days and re-evaluate whether
there is a need for further clarification or revision of the geometric mean
implementation provision. Finally, the amendment sets compliance
milestones at years 6, 8 and 10 for responsible jurisdictions and agencies
not pursuing an integrated water resources approach, and at years 6, 10,
15 and 18 for responsible jurisdictions and agencies pursuing an inte-
grated water resources approach to implementation.
History
1. New section summarizing amendments to the Water Quality Control Plan filed
5-20-2003; amendments adopted by the Los Angeles Regional Water Quality
Control Board 12-12-2002 per Resolution No. 2002-022; approved by OAL
and effective 5-20-2003 pursuant to Government Code section ] 1353 (Regis-
ter 2003, No. 21).
§ 3939.1 . Update of Ammonia Objectives for Inland
Surface Waters.
The amendment revises the Basin Plan by updating the am monia water
quality objectives for inland surface waters. The Basin Plan objectives
for ammonia are based on revised criteria developed by the U.S. Environ-
mental Protection Agency (USEPA) in the "1999 Update of Ambient
Water Quality Criteria for Ammonia." These most recent USEPA fresh-
water aquatic life criteria for ammonia supercede previous criteria. The
previous Basin Plan one-hour average and four-day average objectives
for waters designated as "WARM" are retained for waters not character-
istic of freshwater.
The ammonia objectives provide 1-hour average, 4-day average, and
30-day average objectives for ammonia. The one-hour average objec-
tive is dependent on pH and fish species (salmonids present or absent).
It is assumed that salmonids may be present in waters designated in the
Basin Plan as "COLD" or "MIGR" and that salmonids are absent in wa-
ters not designated in the Basin Plan as "COLD" or "MIGR," in the ab-
sence of additional information to the contrary. The 30-day average ob-
jective is dependent on pH and temperature. At lower temp(iratures, the
30-day average objective also is dependent on the presence or absence
of early life stages offish (ELS). Water bodies with a Basin Plan designa-
tion of "SPWN" support high quality aquatic habitats suitable for repro-
duction and early development of fish and, therefore, these water bodies
are designated as ELS present waters. The four-day average objective is
2.5 times the 30-day average objective.
The Basin Plan amendment also includes specific implementation
provisions for the objectives. These include methods for (1} determina-
tion of freshwater, brackish water or salt water conditions; (2 ) determina-
tion of presence or absence of salmonids when selecting the appropriate
one-hour average objective; (3) determination of presence or absence of
ELS when selecting the appropriate 30-day average objectiv 3; (4) imple-
mentation of the objectives where more sensitive threatened or endan-
gered species are present; and (5) translation of objectives to effluent li-
mitations using a method similar to that in the "Policy for
Page 162.2(b)(6)
Register 2C08, No. 27; 7-4-2008
Title 23
Regional Water Quality Control Boards
§ 3939.2
Implementation of Toxics Standards for Inland Surface Waters, En-
closed Bays, and Estuaries of California" (2000).
History
1. New section summarizing amendments to Basin Plan filed 6-5-2003; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board
4^ 25-2002 per Resolution No. 2002-01 1 . Approved by State Water Resources
Control Board 4-30-2003 per Resolution No. 2003-0030; approved by OAL
and effective 6-5-2003 pursuant to Government Code section 1 1353 (Register
2003. No. 23).
§ 3939.2. A Total Maximum Daily Load for Nitrogen
Compounds and Related Effects in Calleguas
Creek, its Tributaries, and Mugu Lagoon.
Los Angeles Regional Water Quality Control Board (Regional Board)
Resolution No. 02-017, adopted on October 24, 2002 by the Regional
Board, modified the regulatory provisions of the Water Quality Control
Plan for the Los Angeles Region by establishing a Total Maximum Daily
Load (TMDL) for nitrogen compounds in Calleguas Creek, its tribu-
taries, and Mugu Lagoon. The TMDL specifies concentration-based tar-
gets for ammonia, nitrate, nitrite, and combined nitrate and nitrite, which
must be fully attained seven years after the effective date of the TMDL.
The TMDL includes a margin of safety with both implicit and explicit
components. The TMDL establishes a four-year plan for reducing nitro-
[The next page is 162.2(c).]
Page 162.2(b)(7)
Register 2008, No. 27; 7-4-2008
Title 23
Regional Water Quality Control Boards
§ 3939.5
gen loading from five wastewater treatment plants in the watershed. To
allow time to meet the targets, interim limits will be allowed. The final
wasteload allocations for ammonia assigned to the wastewater treatment
plants must be met no later than October 24, 2004, and the final wasteload
allocations for nitrate and nitrite must be met four years after the effective
date of the TMDL. Load allocations for agriculture and other nonpoint
source discharges are implemented through various management prac-
tices. One year after the effective date of the TMDL, monitoring plans to
evaluate the effectiveness of the TMDL must be submitted to the Region-
al Board by Calleguas Creek Watershed Management Plan Water Re-
sourcesAVater Quality Subcommittee (CCWMP). CCWMP is responsi-
ble for the watershed monitoring and special studies required by this
TMDL. The special studies must be completed five years after the effec-
tive date of the TMDL.
History
1 . New section summarizing amendments to Water Quality Control Plan filed
6-5-2003; amendments adopted by the Los Angeles Regional Water Quality
Control Board 10-24-2002 per Resolution No. 2002-017. Approved by State
Water Resources Control Board 4-10-2003; approved by OAL and effective
6-5-2003 pursuant to Government Code section 11353 (Register 2003, No.
23).
§ 3939.3. Compliance Schedule Policy.
On January 30, 2003 the Los Angeles Regional Water QuaHty Control
Board (Regional Board), adopted Resolution No. 2003-01 amending the
Water Quality Control Plan for the Los Angeles Region (Basin Plan). The
amendment revised the Basin Plan by incorporating language authoriz-
ing the inclusion of compliance schedules in National Pollutant Dis-
charge Elimination System (NPDES) permits. The amendment revised
the regulatory provisions of the Basin Plan by adding language to Chap-
ter 3 "Water Quality Objectives" and Chapter 4, "Strategic Planning and
Implementation."
The language specifies that where the Regional Board determines that
it is infeasible for an existing discharger to achieve immediate com-
pliance with an effluent limitation specified to implement a new, revised
or newly interpreted water quality standard, the Regional Board may es-
tablish a compliance schedule in the discharger's Waste Discharge Re-
quirements (NPDES permit). In addition, the Regional Board may estab-
lish a compliance schedule to implement a total maximum daily load
(TMDL) adopted as a single permitting action (i.e., through one NPDES
permit). This provision authorizes compliance schedules for standards
that are adopted, revised or newly interpreted after the effective date of
this amendment. An authorized compliance schedule shall include a time
schedule for completing specific actions (including interim effluent lim-
its), final effluent Mmitations, and a final compliance date, based on the
shortest possible time required to achieve compliance.
Except in the case of a TMDL adopted as a single permitting action,
the provisions require that compliance shall be achieved no later than five
years from the date of permit issuance, reissuance or modification, and
no later than ten years after the adoption or interpretation of an applicable
standard, whichever is the shorter period of time. In the case of a TMDL
adopted as a single permitting action, a compliance schedule of greater
than five years from the date of permit issuance, reissuance or modifica-
tion may be granted, but the compliance schedule must be as short as pos-
sible as determined in the TMDL support document, and may only be
used when implementing a new, revised or newly interpreted water quali-
ty standard.
To document the need for and justify the duration of any such com-
pliance schedule, a discharger must submit the following information, at
a minimum: (1) the results of a diligent effort to quantify pollutant levels
in the discharge and the sources of the pollutant(s) in the waste stream;
(2) documentation of source control efforts currently underway or com-
pleted, including compliance with any pollution prevention programs
that have been established; (3) a proposed schedule for additional source
control measures or waste treatment; (4) the highest discharge quality
that can reasonably be achieved until final compliance is attained; and (5)
a demonstration that the proposed schedule is as short as possible, taking
into account economic, technical and other relevant factors. The need for
additional information and analyses will be determined by the Regional
Board on a case-by-case basis.
History
1 . New section summarizing ajiiendments to Water Quality Control Plan for the
Los Angeles Region (Basin Plan) filed 8-18-2003; Basin Plan amendment
adopted by the Los Angeles Regional Water Quality Control Board 1-30-2003
per Resolution No. 2003-001 , approved by OAL and effective per Government
Code section 1 1353 on 8-18-2003 (Register 2003. No. 34).
§ 3939.4. Total Maximum Daily Load for Bacteria at Marina
del Rey Mothers' Beach and Back Basins.
On August 7, 2003, the Los Angeles Regional Water Quality Control
Board (Regional Board), adopted Resolution No. 2003-012 amending
the Water Quality Control Plan for the Los Angeles Region (Basin Plan).
The amendment revised the Basin Plan by incorporating a total maxi-
mum daily load for bacteria at Marina del Rey Mothers' Beach and back
basins. The regulatory provisions are added to Chapter 7 of the Water
Quality Control Plan.
Numeric targets for the TMDL are expressed as days of exceedance
of bacteria objectives. The implementation plan for this TMDL stipulates
that: No days of exceedance are permitted at any monitoring location dur-
ing the summer dry-weather season (April 1 to October 31) and the rol-
ling 30-day geometric mean limits must be met at all times; a maximum
of three days of exceedance is permitted for the winter dry-weather sea-
son (November 1 to March 3 1 ), and the rolling 30-day geometric mean
limits must be met at all times. Some monitoring locations are allocated
fewer than three allowable exceedance days in order to maintain existing
water quality required by State and federal antidegradation provisions;
a maximum of seventeen days of exceedance is permitted during the
wet-weather season (defined as days with 0. 1 inch or more of rain and
the three days following the rain event) and the rolling 30-day geometric
mean limits must be met at all times. Some monitoring locations are allo-
cated fewer than seventeen allowable exceedance days in order to main-
tain existing water quality as required by State and federal antidegrada-
tion provisions.
Urban runoff to Marina del Rey Harbor is regulated as a point source
under the Los Angeles County Municipal Storm Water National Pollut-
ant Discharge Elimination Systems (NPDES) Permit (MS4), the Califor-
nia Department of Transportation Storm Water Permit, and the General
Construction and Industrial Storm Water Permits.
Nonpoint sources are given load allocations of zero days of allowable
exceedances for each time period. The load allocation for the rolling
30-day geometric mean for nonpoint sources is also zero days of allow-
able exceedances.
History
1 . New secfion summarizing amendments to the L. A. Basin Plan filed 1-30-2004;
amendments adopted by the Los Angeles Regional Water Quality Control
Board 8-7-2003 pursuant to Resolution No. 2003-12. Approved by State Wa-
ter Resources Control Board 1 1-19-2003 pursuant to Resolution 2003-0072;
approved by OAL 1-30-2004 pursuant to Government Code section 11353
(Register 2004, No. 5).
§ 3939.5. Suspension of Recreational Beneficial Uses in
Engineered Channels During Unsafe Wet
Weather Conditions.
On July 10, 2003, the Los Angeles Regional Water Quality Control
Board (Regional Board), adopted Resolution No. 2003-010 amending
the Water Quality Control Plan for the Los Angeles Region (Basin Plan).
The amendment revised the Basin Plan by suspending the recreational
beneficial uses in engineered channels during unsafe wet weather condi-
tions, and creating a new Table 2-1 a "Recreational Beneficial Uses of In-
land Surface Waters," which designates the 39 water body segments to
which the High Flow Suspension would apply. The following text is add-
ed to Chapter 2 of the Water Quality Control Plan:
"The High Flow Suspension shall apply to water contact recreational
activities associated with the swimmable goal as expressed in the federal
Clean Water Act section 101(a)(2) and regulated under the REC-1 use,
non-contact water recreation involving incidental water contact regu-
lated under the REC-2 use, and the associated bacteriological objectives
set to protect those activities. Water quality objectives set to protect ( 1 )
Page 162.2(c)
Register 2004, No. 9; 2-27-2004
§ 3939.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
other recreational uses associated with the fishable goal as expressed in
the federal Clean Water Act section 101(a)(2) and regulated under the
REC-1 use and (2) other REC-2 uses (e.g., uses involving the aesthetic
aspects of water) shall remain in effect at all times for waters where the
(ad) footnote appears in Table 2-1 a. The High Flow Suspension shall ap-
ply on days with rainfall greater than or equal to 1 12 inch and the 24 hours
following the end of the 1/2-inch or greater rain event, as measured at the
nearest local rain gauge, using local Doppler radar, or using widely ac-
cepted rainfall estimation methods. The High Flow Suspension only ap-
plies to engineered channels, defined as inland, flowing surface water bo-
dies with a box, V-shaped or trapezoidal configuration that have been
lined on the sides and/or bottom with concrete. The water bodies to which
the High Flow Suspension applies are identified in Table 2- la in the col-
umn labeled "High Flow Suspension".
In Chapter 2, a new table is added. Table 2- la "Recreational Benefi-
cial Uses of Inland Surface Waters" following Table 2-1 "Beneficial
Uses of Inland Surface Waters".
History
1 . New section surmnarizing amendments to Basin Plan filed 1-30-2004; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board
7-10-2003 pursuant to Resolution No. 2003-010. Approved by the State Water
Resources Control Board 1 1-19-2003 pursuant to Resolution No. 2003-0071 ;
approved by OAL 1-30-2004 pursuant to Government Code section 11353
(Register 2004, No. 5).
§ 3939.6. A Total Maximum Daily Load for Nitrogen
Compounds in the Santa Clara River.
Los Angeles Regional Water Quality Control Board (Regional Board)
Resolution No. 2003-01 1, adopted on August 7, 2003 by the Regional
Board, modified the regulatory provisions of the Water Quality Control
Plan for the Los Angeles Region (Basin Plan) by (1) revising the Table
of Contents, (2) adding introductory text for Chapter 7 (Total Maximum
Daily Loads), and (3) establishing a Total Maximum Daily Load
(TMDL) for nitrogen compounds in the Santa Clara River. The TMDL
specifies concentration-based targets for ammonia, nitrate, nitrite, and
combined nitrate and nitrite. The TMDL includes a margin of safety with
both implicit and explicit components.
Numeric targets will primarily be achieved by limiting the amount of
nitrogen compounds discharged from four major permitted wastewater
treatment plants (Saugus Water Reclamation Plant (WRP), Valencia
WRP, Fillmore Publicly Owned Treatment Work (POTW), and Santa
Paula POTW. These major point sources are assigned wasteload alloca-
tions for ammonia, nitrite, nitrate, and combined nitrite and nitrate. At the
Regional Board's discretion, the Saugus and Valencia WRPs may be al-
lowed higher interim loads for nitrate, nitrite, and combined nitrate and
nitrite for a period as short as possible, but not to exceed eight years from
the effective date of the TMDL. The Fillmore and Santa Paula POTWs
may be allowed higher interim loads for combined ammonia, nitrate and
nitrite for a period also not to exceed eight years after the effective date
of the TMDL. Receiving water monitoring is required weekly of these
major point sources.
Minor point sources (including stormwater sources) in Reaches 3 and
7 are also assigned concentration-based wasteload allocations for am-
monia and combined nitrite and nitrate. Wasteload allocations for minor
point sources will be implemented through effluent limits or Best Man-
agement Practices (BMPs) for stormwater. Load allocations for nonpoint
sources for combined ammonia, nitrite, and nitrate are implemented
through State Water Resources Control Board Management Practices.
The County Sanitation District of Los Angeles County (CSDLAC)
must submit the results from a water effects ratio study for ammonia
when the TMDL takes effect. Within one year after the effective date of
the TMDL, the following workplans must be submitted to the Regional
Board for approval: (1) a workplan for estimating nitrogen loading from
stormwater sources which includes triggers for conducting source identi-
fication and implementing BMPs must be submitted by affected MS4
(municipal separate storm sewer systems) permittees; (2) a workplan for
monitoring nitrogen-related effects and evaluate progress in meeting tar-
gets must be submitted by affected major National Pollutant Discharge
Elimination System permittees; and (3) a special studies workplan to
evaluate site-specific objectives for nitrate must be submitted by
CSDLAC. If monitoring and study results indicate it is appropriate, the
Regional Board will consider adopting site-specific objectives for am-
monia within one year after the effective date of the TMDL, and site-spe-
cific objectives for nitrate, and combined nitrite and nitrata within four
years after the effective date of the TMDL. If site-specific objectives are
adopted, the TMDL will be revised through a Basin Plan amendment.
Five years after the effective date of the TMDL, the Regional Board will
consider whether the numeric targets and wasteload allocati ans specified
in the TMDL are sufficient to protect the Santa Clara River irom nutrient
effects of discharged nitrogen compounds or whether the TMDL must be
revised through a Basin Plan amendment.
History
\. New section summarizing amendments to Basin Plan filed 2-27-2004: ap-
proved by OAL 2-27-2004 pursuant to Government Code section 1 1 353 (Reg-
ister 2004, No. 9).
§ 3939.7. A Total Maximum Daily Load for Nitrogen
Compounds and Related Effects in the Los
Angeles River and its Tributaries.
Los Angeles Regional Water Quality Control Board (Regional Board)
ResoluUon No. 03-009, adopted on July 10, 2003 by the Regional Board,
modified the regulatory provisions of the Water Quality Control Plan for
the Los Angeles Region (Basin Plan) by (1) revising the Table of Con-
tents, (2) adding introductory text for Chapter 7 (Total Ma>:imum Daily
Loads), and (3) establishing a Total Maximum Daily Load (TMDL) for
nitrogen compounds and related effects in the Los Angeles River and its
tributaries. The TMDL specifies concentration-based targets for ammo-
nia, nitrate, nitrite, and combined nitrate and nitrite, which must be fully
attained five years after the effective date of the TMDL. Tf e TMDL in-
cludes a margin of safety with both implicit and explicit components.
Numeric targets will primarily be achieved by limiting the amount of
nitrogen compounds discharged from three major wastewa.er treatment
plants (Donald C. Tillman Water Reclamation Plant, Los Ar geles-Glen-
dale Water Reclamation Plant, and Burbank Water Reclamation Plant).
To provide these major permitted discharges time to meet wasteload al-
locations, higher interim limits will be allowed for ammonia and com-
bined nitrite and nitrate for a period of 3.5 years from the effective date
of the TMDL. Compliance with the separate nitrate and nitrite wasteload
allocations is not required during this interim period. Minor permitted
point source dischargers are also assigned wasteload allocations, which
must be met immediately. Load allocations for nonpoint sources may be
developed if it is determined that they are necessary after wasteload al-
locations have been implemented.
Workplans for monitoring nitrogen compounds and related effects
must be submitted by MS4 (municipal separate storm sevv'er systems)
permittees and major National Pollutant Discharge Elimination System
permittees within one year after the effective date of the Tl^/IDL. A spe-
cial studies workplan to evaluate site-specific objectives, seasonal al-
locations, and point of compliance must be submitted by \hc City of Los
Angeles within one year after the effective date of the TMDL, and the re-
sults of the studies within two and a half years after the effective date of
the TMDL. Three and a half years after the effective date o ' the TMDL,
if monitoring and study results indicate it is appropriate, Ihe Regional
Board will consider adopting site specific objectives for ammonia, lu-
trate, and nitrite and revising the TMDL. Five years after the effective
date of the TMDL, the Regional Board will consider whether the numeric
targets and wasteload allocations specified in the TMDL are sufficient to
protect the Los Angeles River and its tributaries from the nutrient effects
of discharged nitrogen compounds or whether the TMDL must be re-
vised.
History
1. New section summarizing amendments to Basin Plan filed 2-27-2004; ap-
proved by OAL 2-27-2004 pursuant to Government Code section 1 1353 (Reg-
ister 2004, No. 9).
•
•
Page 162.2(d)
Register 2004, No 9; 2-27-2004
Title 23
Regional Water Quality Control Boards
§ 3939.12
§ 3939.8. Amendment to the Water Quality Control Plan for
the Los Angeles Region to Revise the Water
Quality Objective for Chloride in the Lower
Santa Clara River.
This amendment to the Los Angeles Water Quahty Control Plan (Ba-
sin Plan ) raises the water quality objective for chloride in the Lower Santa
Clara River between A Street, Fillmore, and Freeman Diversion Dam
near Saticoy from 80 mg/L to 1 00 mg/L. This change appears in the Basin
Plan in Table 3-8, Water Quality Objectives for Selected Constitutents
in Inland Surface Waters under "chloride" in Section 3 of the Basin Plan.
History
1 . New section summari/ing basin plan amendment filed 5-6-2004; amendment
adopted by the Los Angeles Regional Water Quality Control Board Resolution
number 03-015, 1 1-6-2003; amendment approved by State Water Resources
Control Board Resolution No. 2004-0007, 2-19-2004; approved by the Office
of Administrative Law 5-6-2004 (Register 2004, No. 19).
§ 3939.9. Ammonia Objectives for Inland Surface Waters
Not Characteristic of Freshwater.
On March 4, 2004 the Los Angeles Regional Water Quality Control
Board (Regional Board), adopted Resolution No. 2004-022 amending
the Water Quality Control Plan for the Los Angeles Region (Basin Plan).
The amendment revised the Basin Plan by updating the ammonia objec-
tives for inland surface waters not characteristic of freshwater such that
they are consistent with the U.S. EPA "Ambient Water Quality Criteria
for Ammonia (Saltwater)-1989." The amendment revised the regulatory
provisions of the Basin Plan by adding language to Chapter 3 "Water
Quality Objectives."
For inland surface waters not characteristic of freshwater, the pro-
posed objectives are a 4-day average concentration of un-ionized am-
monia of 0.035 mg/L and a one-hour average concentration of un-ion-
ized ammonia of 0.233 mg/L. The proposed objectives are fixed
concentrations of un-ionized ammonia, independent of pH, temperature,
or salinity. The proposed amendment includes an implementation proce-
dure to convert un-ionized ammonia objectives to total ammonia efflu-
ent limits. The proposed amendment also simplifies the implementation
procedures for translating ammonia objectives into effluent limits in situ-
ations where a mixing zone has been authorized by the Regional Board.
Finally, the proposed amendment revises the implementation procedure
for determining saltwater, brackish or freshwater conditions, to be con-
sistent with the proposed objectives. The proposed objectives will apply
only to inland surface waters not characteristic of freshwater (including
enclosed bays, estuaries and wetiands) and do not impact the Ammonia
Water Quality Objectives for ocean waters contained in the California
Ocean Plan.
History
1 . New section summarizing basin plan amendment filed 9-14-2004; amendment
adopted by the Los Angeles Regional Water Quality Control Board Resolution
number 2004-22, 3-4-2004; approved by Office of Administrative Law
9-14-2004 (Register 2004, No. 38).
§ 3939.10. Total Maximum Daily Load for Chloride in the
Upper Santa Clara River.
The Los Angeles Regional Water Quality Control Board (Regional
Board) adopted under Resolution Nos. 02-018 in October 2002, 03-008
on July 10, 2003, 04-004 on May 6, 2004, and revised under Resolution
No. 06-016 on August 3, 2006 a Total Maximum Daily Load (TMDL)
for Chloride in the Upper Santa Clara River. The TMDL specifies con-
centration-based targets for chloride, which must be fully attained 1 1
years after the effective date of the TMDL. The reduction in the final
compliance date resulted from the Regional Board re-evaluation of the
implementation schedule 1 2 months after the effective date of the TMDL
as was scheduled. This re-evaluation will also occur 6 years after the ef-
fective date of the TMDL if necessary. The TMDL allocated interim was-
teloads for chloride to the County Sanitation Districts of Los Angeles
County's (Districts') Saugus and Valencia Water Reclamation Plants. It
requires the Districts to conduct special studies to evaluate the appropri-
ate threshold for the protection of sensitive agricultural supply use and
Endangered Species Protection, determine the interaction between sur-
face water and groundwater as it may affect the loading of chloride and
its linkage to surface water quality, determine Site-Specific Objectives
for Chloride for Sensitive Agriculture, develop an Anti-Degradation
Analysis for Revision of Chloride Objective by Site-Specific Objec-
tives, and develop a pre-planning report on conceptual compliance mea-
sures to meet different hypothetical final wasteload allocations. The revi-
sions to the implementation plan for the TMDL also add tasks to begin
the planning process to construct appropriate treatment facilities to meet
the TMDL. Subsequent TMDL tasks, such as development of site specif-
ic objectives (SSOs), development of the antidegradation analysis, de-
velopment of a preplanning report on conceptual measures to meet dif-
ferent hypothetical final waste load allocations, and preparation and
consideration of a Basin Plan Amendment to revise the chloride objec-
tive by the Regional Board, remain in place in this amendment.
History
1. New section summarizing amendments to Basin Plan filed 11-15 2004;
amendments adopted by the Los Angeles Regional Water Quality Control
Board under resolution numbers 02-01 8, 03-008 and 04-004; approved by the
State Water Resources Control Board 7-22-2004 under Resolution No.
2004-0046; approved by OAL 1 1-15-2004 pursuant to Government Code sec-
tion 1 1353 (Register 2004, No. 47).
2. Amendments to summary of Basin Plan amendments filed 8-15-2007; amend-
ments adopted by Los Angeles Regional Water Quality Control Board Resolu-
tion No. 06-16 on 8-3-2006; approved by State Water Resources Control
Board Resolution No. 2007-0029 on 5-22-2007; amendments approved by
OAL pursuant to Government Code section 11353 on 8-15-2007 (Register
2007, No. 33).
§ 3939.1 1 . Revising Interim Ammonia Effluent Limits
Contained Within a Total Maximum Daily Load
for Nitrogen Compounds and Related Effects
in the Los Angeles River and Its Tributaries.
Los Angeles Regional Water Quality Control Board (Regional Board)
adopted Resolution No. 03-016 on December 4, 2003, which modified
regulatory provisions of the Water Quality Control Plan for the Los An-
geles Region (Basin Plan) by revising interim ammonia effluent limits
for the D.C. Tillman and Los Angeles-Glendale Water Reclamation
Plants (WRPs) contained within the Total Maximum Daily Load
(TMDL) for nitrogen compounds and related effects for the Los Angeles
River. The thirty-day average and daily maximum interim limits for total
ammonia as nitrogen for the Donald C. Tillman WRP were changed from
21 .0 and 21 .7 milligrams per liter (mg/L), respectively, to 20.5 and 24.7
mg/L. For the Los Angeles-Glendale WRP, the thirty-day average and
daily maximum interim limits for total ammonia as nitrogen were
changed from 16.5 and 19.4 mg/L, respectively, to 18.8 and 24.2 mg/L.
History
1 . New section summarizing basin plan amendment filed 9-27-2004; amendment
approved by State Water Resources Control Board Resolution No. 2004-0014,
3-1 8-2004; regulatory provisions approved by OAL and operative 9-27-2004
pursuant to Government Code section 1 1353 (Register 2004, No. 40).
§ 3939.12. Total Maximum Daily Load for Bacteria at Los
Angeles Harbor.
On July 1, 2004, the Los Angeles Regional Water Quality Control
Board (Regional Board) adopted Resolution No. 2004-011 amending
the Water Quality Control Plan for the Los Angeles Region (Basin Plan).
The amendment revised the Basin Plan by incorporating a Total Maxi-
mum Daily Load (TMDL) for bacteria at Los Angeles Harbor (Inner Ca-
brillo Beach and Main Ship Channel, including the Inner Harbor). The
regulatory provisions are added to Chapter 7 of the Water Quality Con-
trol Plan.
Numeric targets for this TMDL are expressed as days of excecdance
of bacteria objectives contained in the Basin Plan. These targets apply to
three seasons: summer dry-weather (April 1 to October 3 1 ), winter dry-
weather (November 1 to March 31), and wet-weather (days with 0. 1 inch
or more of rain and the three days following the rain event); and to moni-
toring sites specified in the Basin Plan.
For nonpoint sources (load allocations), single sample bacterial densi-
ties in the Main Ship Channel for any season are zero days of allowable
exceedance, and the rolling 30-day geometric mean for any season or
monitoring site is zero days of allowable exceedance. Single sample bac-
Page 162.2(e)
Register 2007, No. 33; 8-17-2007
§ 3939.13
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
terial densities for summer dry-weather at Inner Cabrillo Beach are zero
days of allowable exceedance. Single sample exceedance days for winter
dry-weather and wet-weather seasons for specific monitoring sites at In-
ner Cabrillo Beach are presented in Basin Plan Table 7-11.2. The rolling
30-day geometric mean for any season or monitoring site at Inner Cabril-
lo Beach is zero days of allowable exceedance.
For point sources (wasteload allocations), single sample bacterial den-
sities for summer dry-weather in the Main Ship Channel are zero days
of allowable exceedance. Single sample exceedance days for winter dry-
weather and wet-weather seasons for specific monitoring sites in the
Main Ship Channel are presented in Basin Plan Table 7-11.2. The rolling
30-day geometric mean for any season or monitoring site in the Main
Ship Channel is zero days of allowable exceedance. Single sample bacte-
rial densities at Inner Cabrillo Beach for any season are zero days of al-
lowable exceedance, and the rolling 30-day geometric mean for any sea-
son or monitoring site at Inner Cabrillo Beach is zero days of allowable
exceedance.
Discharges from general National Pollutant Discharge Elimination
System (NPDES) permits, general industrial storm water permits, and
general construction storm water permits are not expected to be a signifi-
cant source of bacteria. Therefore, the wasteload allocations for these
discharges are zero (0) days of allowable exceedances for all three time
periods and for the single sample limits and the rolling 30-day geometric
mean. Any future enroUees under a general NPDES permit, general in-
dustrial storm water permit, or general construction storm water permit
within the watershed will also be subject to a wasteload allocation of zero
days of allowable exceedances.
History
1. Summaiy of basin plan amendment filed 1-5-2005; amendment approved by
State Water Resources Control Board Resolution No. 2004-0071 on
1 0-2 1 -2004; amendment approved by OAL pursuant to Government Code sec-
tion 11353 on 1-5-2005 (Register 2005, No. 1).
§ 3939.13. Revision of a Total IVIaximum Daily Load for
Trash in the Ballona Creek and Wetland.
On March 4, 2004, the Los Angeles Regional Water Quality Control
Board adopted Resolution No. 2004-023 amending the Total Maximum
Daily Load for Trash in the Ballona Creek and Wetland contained within
the Water Quality Control Plan for the Los Angeles Region. The amend-
ment revises the definition of "full-capture device" and would allow for
both single devices and treatment trains or "systems." Full capture de-
vices and systems must be sized to handle the flow from a one-year, one-
hour storm. The amendment provides the equation and isohyetal map to
be used for sizing the full capture devices and systems.
History
1. New section summarizing amendment to plan filed 2-8-2005; amendment ap-
proved by State Water Resources Control Board Resolution No. 2004-023 on
3-4-2004; amendment approved by OAL pursuant to Government Code sec-
tion 1 1353 on 2-8-2005 (Register 2005, No. 6).
§ 3939.14. Revised Recreational Water Quality Standards
for Ballona Creek Reaches 1 and 2.
State Water Resources Control Board Resolution No. 2005-0015,
adopted on January 20, 2005, amended the Water Quality Control Plan
for the Los Angeles Region by: (1) dedesignating Water Contact Recre-
ation (REC-1) associated with swimming-related activities as a poten-
tial use from "Ballona Creek" (Reach 1 ) and "Ballona Creek to Estuary"
(Reach 2); (2) designating Limited Water Contact Recreation (LREC-1)
as an existing use for Reach 2; (3) adding a definition for LREC-1; (4)
clarifying the dividing line between Reach 1 and Reach 2; and (5) adding
water quality objectives for bacteria that apply to LREC-1, including
geometric mean and single sample limits for E-coli and fecal coliform.
History
1 . New section summarizing amendment to plan filed 5-23-2005; amendment ap-
proved by State Water Resources Control Board Resolution No. 2005-0015 on
1-20-2005; amendment approved by OAL pursuant to Government Code sec-
tion 11353 on 5-23-2005 (Register 2005, No. 21).
§ 3939.15. Total Maximum Daily Load for Bacteria in
Malibu Creek.
This Basin Plan amendment establishes a Total Maximun Daily Load
(TMDL) for bacteria in Malibu Creek and Lagoon for summer (April 1
to October 3 1 ) dry weather, winter (November 1 to March 3 1 ) dry weath-
er and wet-weather days. Wet-weather days are defined as any day re-
ceiving 0. 1 inch of rain or more and three days thereafter. Tfie TMDL es-
tablishes the loading capacity of the Malibu Creek and Lagoon as the
maximum densities of the four bacterial indicators (total coliform, e. coli,
fecal coliform, and enterococcus) as specified in the Basin Flan as bacte-
riological water quality objectives for fresh and marine water having a
water contact beneficial use designation. This TMDL will be implement-
ed in three phases over a ten-year period. Within three years of the effec-
tive date of the TMDL, compliance with the allowable number of sum-
mer dry-weather exceedance days and the rolling 30-day geometric
mean targets must be achieved. In response to a written request from the
responsible jurisdiction or responsible agency, the Executi\'e Officer of
the Los Angeles Regional Water Quality Board (Los Angeles Water
Board) may extend the compliance date for the summer dry- weather al-
locations lYom three up to six years from the effective date of this TMDL.
Within six years of the effective date of the TMDL, compliance with the
allowable number of winter dry-weather exceedance days ar.d the rolling
30-day geometric mean targets must be achieved. Within teri years of the
effective date of the TMDL, compliance with the allowable number of
wet-weather exceedance days and rolling 30-day geometric mean tar-
gets must be achieved. The Los Angeles Water Board may extend the
wet-weather compliance date up to July 15, 2021 at its discretion, by
adopting a subsequent Basin Plan amendment that complies with appli-
cable law.
The regulatory mechanisms to implement the TMDL may include, but
are not limited to, the Los Angeles County Municipal Storm Water Na-
tional Pollutant Discharge Elimination System (NPDES) Permit, Ventu-
ra County Municipal Storm Water NPDES Permit, the Cal trans Storm
Water Permit, waste discharge requirements (WDRs), Memorandum of
Understanding (MOUs), revised MOUs, general NPDES permits, gener-
al industrial storm water permits, general construction storm water per-
mits, and the authority contained in Sections 13225, 13263 and 13267 of
the Water Code. Each NPDES permit assigned a Waste Load Allocation
(WLA) shall be reopened or amended at reissuance, in accordance with
applicable laws, to incorporate the applicable WLA as a permit require-
ment.
The amendment requires that responsible jurisdictions and responsi-
ble agencies provide the following submittals to the Executive Officer
within the specified time after the effective date of the TMDL: ( 1 ) within
1 20 days, a comprehensive bacteria water quality monitoring plan for the
Malibu Creek Watershed, (2) within one year, a written report outlining
how each responsible agency intends to cooperatively achieve com-
pliance with the TMDL, and a written report detailing the rationale and
criteria used to identify high-risk areas where on-site systerr.s have a po-
tential to impact surface waters in the Malibu Creek Watershed, and (3)
within two years, a reference watershed study, and a report quantifying
the bacteria loading from birds to the Malibu Lagoon.
Within three years after the effective date of the TMDL, the Los An-
geles Water Board must re-consider the TMDL to: ( 1 ) consider a natural
source exclusion for bacteria loading from birds in the Malibu Creek La-
goon if all anthropogenic sources to the Lagoon have been controlled, (2)
reassess the allowable winter dry-weather and wet-weather exceedance
days based on additional data on bacterial indicator densities, and an
evaluation of site-specific variability in exceedance levels to determine
whether existing water quality is better than water quality at t le reference
watershed, (3) reassess the allowable winter dry-weather and wet-
weather exceedance days based on a re-evaluation of che selected refer-
ence watershed and consideration of other reference watersh(ids that may
better represent reaches of the Malibu Creek and Lagoon, (4) consider
whether the allowable winter dry-weather and wet-weather exceedance
days should be adjusted annually dependent on the rainfall conditions
Page 162.2(f)
Register 2007, No. 33; 8-17-2007
Title 23
Regional Water Quality Control Boards
§ 3939.18
and an evaluation of natural variability in exceedance levels on the refer-
ence system(s), (5) re-evaluate the reference year used in the calculation
of allowable exceedance days, and (6) re-evaluate whether there is a
need for further clarification or revision of the geometric mean imple-
mentation provision.
History
1 . New section summarizing amendments to basin plan filed 12-1-2003; amend-
ments approved by State Water Resources Control Board Resolution No.
2004- 109R; amendments approved by OAL pursuant to Government Code sec-
tion 1 1353 on 12-1-2005 (Register 2005, No. 48).
2. Editorial correction of History 1 (Register 2006, No. 3).
§ 3939.16. A Total Maximum Daily Load for Toxicity,
Chlorpyrifos, and Diazinon in Calleguas Creek,
Its Tributaries, and Mugu Lagoon.
California Regional Water Quality Control Board (Regional Board)
Resolution No. R4-2005-009 adopted on July 7, 2005 by the Regional
Board, modified the regulatory provisions of the Water Quality Control
Plan for the Los Angeles Region (Basin Plan) by ( 1) revising the Table
of Contents, (2) adding introductory text for Chapter 7 (Total Maximum
Daily Loads), and (3) establishing a Total Maximum Daily Load
(TMDL) for Toxicity, Chlorpyrifos, and Diazinon in Calleguas Creek, its
Tributaries, and Mugu Lagoon.
The Basin Plan amendment specifies final wasteload allocations
(WLAs) for point source discharges and load allocations (LAs) for non-
point source discharges of chlorpyrifos and diazinon. The Basin Plan also
specifies WLAs and LAs for toxicity. The TMDL establishes an imple-
mentation plan for reducing toxicity, chlorpyrifos, and diazinon loads
from point-sources and nonpoint-sources which includes a monitoring
program, special studies, and a comphance schedule to meet final WLAs
in 2 years after the effective date of the TMDL for point sources and final
LAs in 10 years after the effective date of the TMDL for nonpoint
sources.
History
1 . New section summarizing amendments to basin plan filed 1 2-27-2005 ; amend-
ment approved by State Water Resources Control Board Resolution No.
2005-0067 on 9-22-2005 ; amendments approved by OAL pursuant to Govern-
ment Code section 11353 on 12-27-2005 (Register 2005, No. 52).
2. Editorial correction of History 1 (Register 2006, No. 3).
§ 3939.17. A Total Maximum Daily Load for
Organochlorine Pesticides, Polychtorinated
Biphenyls, and Siltation in Calleguas Creek, its
Tributaries, and Mugu Lagoon.
On July 7, 2005, the Los Angeles Regional Water Quality Control
Board adopted Resolution No. R4-2005-010, amending the Water Qual-
ity Control Plan for the Los Angeles Region by establishing a Total Maxi-
mum Daily Load (TMDL) for organochlorine (OC) pesticides, polychlo-
rinated biphenyls (PCBs), and siltation in Calleguas Creek, its tributaries,
and Mugu Lagoon. The TMDL set numeric concentration-based targets
for OC pesticides and PCBs in water, sediment, and/or fish tissue to en-
sure protection of designated beneficial uses. The specific pollutants ad-
dressed are aldrin, chlordane, dacthal, dichlorodiphenyldicloroethane
(DDD), dichlorodiphenyldicloroethelyene (DDE), dichlorodiphenyl-
trichloroethane (DDT), dieldrin, endosulfan L endosulfan IL endrin, hex-
achlorocyclohexane (alpha, beta, delta, and gamma BHC), heptachlor,
heptachlor epoxide, PCBs, and toxaphene.
Water column targets are derived from California Toxics Rule (CTR)
water quality chronic criteria for protection of aquatic life. Fish tissue tar-
gets are derived from CTR human health criteria for consumption of or-
ganisms. Sediment targets are derived from National Oceanographic and
Atmospheric Administration sediment quality guidelines for fresh and
marine waters. This TMDL further requires an annual reduction in the
import of silt of 5,200 tons per year to Mugu Lagoon and preservation of
1 ,400 acres of existing aquatic habitat in Mugu Lagoon. Targets will be
met by limiting discharges from point and nonpoint sources of pollutants.
Interim and final wasteload allocations assigned to point source dis-
chargers will be implemented through National Pollution Discharge
Elimination System (NPDES) permits. The TMDL establishes waste-
load allocations for five major wastewater treatment plants (Hill Canyon
Waste Water Treatment Plant. Simi Valley Water Quality Control Plant.
Ventura County (Moorpark) Water Treatment Plant, Camarillo Water
Reclamation Plant, and Camrosa Water Reclamation Plant), storm water
permittees (California Department of Transportation, general construc-
tion, general industrial, and municipal permittees), and to minor point
sources.
Interim and final load allocations for nonpoint sources will be imple-
mented through the State's Nonpoint Source Pollution Control Program.
Sediment-based load allocations will be measured as an in-stream annu-
al average at the base of each sub-watershed. A Conditional Waiver for
Irrigated Lands and/or Agricultural Water Quality Management Plans
win be developed to implement load allocations for agricultural dis-
chargers, taking into account TMDL-required studies to assess the effec-
tiveness of Management Practices for reduction of pollutants from agri-
cultural operations.
Special studies and/or monitoring will be conducted as part of this
TMDL. The Los Angeles Regional Water Quality Control Board has
committed to reconsidering the TMDL, if necessary, based on the col-
lected data or other relevant information. Final wasteload and load al-
locations must be achieved within 20 years of the effective date of the
TMDL.
History
1. New section summarizing amendments to basin plan filed 1-20-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2005-0068 on 9-22-2005; amendments approved by OAL pursuant to Govern-
ment Code section 11353 (Register 2006, No. 3).
§ 3939.1 8. A Total Maximum Daily Load for Toxic
Pollutants in Sediment in Ballona Creek
Estuary.
On July 7, 2005, the Los Angeles Regional Water Quality Control
Board adopted Resolution No. R05-008, amending the Water Quality
Control Plan for the Los Angeles Region by establishing a Total Maxi-
mum Daily Load (TMDL) to reduce toxic pollutants in sediment in Bal-
lona Creek Estuary (Estuary). The TMDL sets numeric concentration-
based targets for cadmium, copper, lead, silver, zinc, chlordane, total
dichlorodiphenyltrichloroethane (DDT) isomers and metabolites, total
polychlorinated biphenyls (PCBs), and total polynuclear aromatic hy-
drocarbons (PAHs) in the sediment for the Estuary. The targets are based
on Effects Range-Low sediment quality guidelines compiled by the Na-
tional Oceanic and Atmospheric Administration and will be achieved
primarily by limiting the amount of pollutants associated with suspended
sediment in storm water runoff.
The TMDL will mainly be implemented through National Pollutant
Discharge Elimination System (NPDES) storm water permits, including
the Los Angeles County Municipal Separate Storm Sewer Systems per-
mit, the California Department of Transportation (Caltrans) permit, the
general industrial and construction permits, and other NPDES permits
for low-volume, intermittent, non-stormwater discharges, and through
the authority vested in the Executive Officer by Water Code section
13267.
The TMDL requires the general industrial and construction storm wa-
ter permittees to achieve assigned wasteload allocations within seven
years and nine years of the effective date of the TMDL, respectively. The
implementation schedule for the municipal and Caltrans permittees con-
sists of a phased approach, with wasteload allocations to be achieved in
prescribed percentages of the watershed, with total compliance to be
achieved within fifteen years of the effective date of the TMDL. The
TMDL requires the municipal and Caltrans storm water permittees to
submit a coordinated monitoring plan within one year of the effective
date of the TMDL and an implementation plan within five and a half
years of the effective date of the TMDL. The monitoring plan must in-
clude bioaccumulation testing of fish and mussel tissue and sediment
toxicity testing. The TMDL allows for special studies, which are due
within five years of the effective date of the TMDL, to refine source as-
Page 162.2(g)
Register 2007, No. 33; 8-17-2007
§ 3939.19
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
sessments, provide better estimates of loading capacity, and optimize im-
plementation efforts. The TMDL specifies that within six months of the
effective date of a statewide adopted sediment quality objectives and im-
plementation policy, the Los Angeles Regional Water Quality Control
Board will re-assess the numeric targets and wasteload allocations for
consistency with these statewide objectives. The TMDL also specifies
that within six years of its effective date, the Los Angeles Regional Water
Quality Board shall reconsider the waste load allocations and imple-
mentation schedule based on the results of special studies.
History
1 . New section suininarizing amendments to basin plan filed 1 2-1 5-2005; amend-
ment approved by State Water Resources Control Board Resolution No.
2005-0076 on 10-20-2005; amendments approved by OAL pursuant to Gov-
ernment Code section 1 1353 on 12-15-2005 (Register 2005, No. 50).
2. Editorial correction of History 1 (Register 2006, No. 3).
§ 3939.19. Total Maximum Daily Load for Metals for the
Los Angeles River and its Tributaries.
On June 2, 2005, the Los Angeles Regional Water Quality Control
Board (Los Angeles Water Board) adopted Resolution No. R05-006,
amending the Water Quality Control Plan for the Los Angeles Region
(Basin Plan). This Basin Plan amendment establishes a Total Maximum
Daily Load (TMDL) to reduce metals in the Los Angeles River and its
Tributaries for dry weather (maximum daily flow in the River less than
500 cubic feet per second) and wet weather (maximum daily flow in the
River equal to or greater than 500 cubic feet per second). The TMDL: ( 1 )
sets dry- and wet-weather numeric targets to achieve California Toxics
Rule (CTR) numeric water quality criteria for metals; (2) establishes a
dry-weather loading capacity for a single critical flow to meet the dry-
weather numeric target; (3) establishes a wet-weather loading capacity
that varies with flow in order to meet wet-weather numeric targets; and
(4) allocates the dry- and wet-weather loading capacities among point
and nonpoint sources of metals, with the majority of the dry-weather al-
location to the three largest publicly owned treatment works (POTWs)
and the majority of the wet-weather allocation to storm water sources.
The TMDL identifies the National Pollutant Discharge Elimination
System (NPDES) permits for three POTWs, the Los Angeles County and
Long Beach municipal storm water NPDES permits, the Caltrans storm
water NPDES permit, the general industrial and construction storm water
NPDES permits, "other NPDES permits" for low-volume, intermittent,
non-stormwater discharges, and the authority vested in the Executive
Officer by Water Code section 1 3267 as the principal regulatory mecha-
nisms to implement the TMDL. The TMDL requires the three POTWs
to achieve dry- and wet-weather wasteload allocations at the time of per-
mit issuance, renewal, or re-opener, or within 10 years of the effective
date of the TMDL if advanced treatment is required to reduce metals
loads.
The TMDL requires the general industrial and construction storm wa-
ter permittees to achieve dry-weather wasteload allocations at the time
of permit issuance, renewal, or re-opener; it requires the general indus-
trial and construction storm water permittees to achieve wet-weather
wasteload allocations within 10 years and 9 years of the effective date of
the TMDL, respectively. The TMDL requires the municipal and Caltrans
storm water permittees to achieve wasteload allocations in prescribed
percentages of the watershed, achieving dry-weather allocations in the
entire watershed within 18 years and wet-weather allocations in the en-
tire watershed within 22 years.
The TMDL identifies five jurisdictional groups to coordinate imple-
mentation of the municipal storm water allocations and provides that
within 15 months of its effective date, each jurisdictional group must sub-
mit a coordinated monitoring plan and within 4 1/2 years of its effective
date, each jurisdictional group must submit an implementation plan. The
TMDL allows for special studies, such as site-specific toxic effects and
natural source studies, which are due within four years of the effective
date of the TMDL. The TMDL specifies that within five years of its effec-
tive date, the Los Angeles Water Board shall reconsider the wasteload al-
locations and implementation schedule based on the results of special
studies.
History
1 . New section summarizing amendments to basin plan filed 12-9-2005; amend-
inent approved by State Water Resources Control Board R.;solution No.
2005-0077 on 10-20-2005; amendments approved by O.^L pursuant to Gov-
ernment Code section 1 1353 on 12-9-2005 (Register 2005, No. 49).
2. Editorial con-ection of History 1 (Register 2006, No. 3).
§ 3939.20. Total Maximum Daily Load for Metals for
Ballona Creek.
On July 7, 2005, the Los Angeles Regional Water Quality Control
Board (Los Angeles Water Board) adopted Resolution No. R05-007,
amending the Water Quality Control Plan for the Los Angeles Region
(Basin Plan). This Basin Plan amendment establishes a Total Maximum
Daily Load (TMDL) to reduce metals in Ballona Creek for dry weather
(maximum daily flow in the creek less than 40 cubic feet per second) and
wet weather (maximum daily flow in the creek equal to or greater than
40 cubic feet per second). The TMDL: ( 1 ) sets dry- and wet-weather nu-
meric targets to achieve California Toxics Rule (CTR) numeric water
quality criteria for metals; (2) establishes a dry-weather loading capacity
for a single critical flow to meet dry-weather numeric targets; (3) esta-
blishes a wet-weather loading capacity that varies with flow in order to
meet wet-weather numeric targets; and (4) allocates the dry- and wet-
weather loading capacities among point and nonpoint sourc3s of metals,
with the majority of the capacity allocated to storm water sources.
The TMDL identifies the Los Angeles County municipal storm water
National Pollutant Discharge Elimination System (NPDES) permit, the
Caltrans storm water NPDES permit, the general industrial and construc-
tion storm water NPDES permits, and "other NPDES pernxts" for low-
volume, intermittent, non-stormwater discharges, and the authority
vested in the Executive Officer by Water Code section 1 3267 as the prin-
cipal regulatory mechanisms to implement the TMDL. The TMDL re-
quires the general industrial and construction storm water piermittees to
achieve dry-weather wasteload allocations at the time of permit is-
suance, renewal, or re-opener; it requires the general industrial and
construction storm water permittees to achieve wet-weather wasteload
allocations within 10 years and 9 years of the effective date oTthe TMDL,
respectively. The TMDL requires the municipal and Caltrans storm wa-
ter permittees to achieve wasteload allocations in prescribed percentages
of the watershed, achieving dry-weather allocations in the entire wa-
tershed within 10 years and wet-weather allocations in ths entire wa-
tershed within 15 years. The TMDL requires the municipal and Caltrans
storm water permittees to submit a coordinated monitoring plan within
one year of the effective date of the TMDL and an implementation plan
within 4 1/2 years of the effective date of the TMDL. The TMDL allows
for special studies, such as source assessment and metals partitioning
studies, which are due within four years of the effective date of the
TMDL. The TMDL specifies that within five years of its effective date,
the Los Angeles Water Board shall reconsider the wasteload allocations
and implementation schedule based on the results of special studies.
History
1 . New secfion summarizing amendments to basin plan filed 12-9-2005; amend-
ment approved by State Water Resources Control Board Resolution No.
2005-0078 on 10-20-2005; amendments approved by OAL pursuant to Gov-
ernment Code section 11353 on 12-9-2005 (Register 2005, No. 49).
2. Editorial correction of History 1 (Register 2006, No. 3).
§ 3939.21 . TMDL for Toxic Pollutants in Marina del Rey
Harbor.
On October 6, 2005, the Los Angeles Regional Water Quality Control
Board (Regional Water Board), adopted Resolution No. 2005-012,
amending the Water Quality Control Plan for the Los Angeles Region
(Basin Plan). This Basin Plan amendment establishes a Tot£l Maximum
Daily Load (TMDL) to reduce toxic pollutants in Marina del Rey Harbor.
Tlie TMDL: (1) sets numeric targets for sediments based on Effects
Range-Low sediment quality guidelines (ERLs) compiled by the Na-
tional Oceanic and Atmospheric Administration; (2) sets numeric water
quality and fish tissue targets based on standards established by the
Page 162.2(h)
Register 2007, No. 33; 8-17-2007
Title 23
Regional Water Quality Control Boards
§ 3939.22
California Toxics Rule (CTR), for the protection of human health; (3) es-
tablishes a loading capacity to meet numeric targets for sediment based
on the average annual total suspended solids loading to the harbor; and
(4) allocates the loading capacities among point and nonpoint sources of
toxic pollutants, with the majority of the capacity allocated to storm wa-
ter sources.
The TMDL identifies the Los Angles County municipal storm water
National Pollutant Discharge Elimination System (NPDES) permit, the
Cal trans storm water NPDES permit, the general industrial and construc-
tion storm water NPDES permits, and "other NPDES permits" for low-
volume, intermittent, non-stormwater discharges, and the authority
vested in the Executive Officer by Water Code section 1 3267 as the prin-
cipal regulatory mechanisms to implement the TMDL. The TMDL re-
quires the general industrial and construction storm water permittees to
achieve waste load allocations for sediment within 7 years and 9 years
of the effective date of the TMDL, respectively. The TMDL requires the
municipal and Caltrans storm water permittees to achieve waste load al-
locations for sediment in prescribed percentages of the watershed,
achieving allocations in the entire watershed within 10 years. However,
if an integrated resources approach is used, this deadline may be ex-
tended up to 5 years — pursuant to Regional Water Board approval.
The TMDL requires the municipal and Caltrans storm water permit-
tees to submit a coordinated monitoring plan within one year of the effec-
tive date of the TMDL and an implementation plan within 5 1/2 years of
the effective date of the TMDL. The monitoring plan must include bioac-
cumulation testing of fish tissue, and sediment toxicity testing. The
TMDL allows for special studies, which are due within five years of the
effective date of the TMDL, to refine source assessments, provide better
estimates of loading capacity, and optimize implementation efforts. The
TMDL specifies that within 6 months of the effective date of the State
Water Resources Control Board (State Water Board) adopted sediment
quality objectives and implementation policy, the Regional Water Board
will reassess the numeric targets and waste load allocations for consisten-
cy with the State Water Board adopted sediment quality objectives. The
TMDL also specifies that within six years of its effective date, the Re-
gional Water Board shall reconsider the waste load allocations and im-
plementation schedule based on the results of special studies.
With regard to existing sediment contamination by toxic pollutants,
the TMDL also stipulates that the Executive Officer shall issue appropri-
ate investigatory and clean up and abatement orders to address toxicity
hotspots within sediments identified as a result of any investigation.
History
1 . New section summarizing amendments to basin plan filed 3-13-2006; amend-
ments approved by State Water Resources Control Board Resolution No.
2006-0006 on 1-1 3-2006; amendments approved by OAL pursuant to Govern-
ment Code section 11353 on 3-13-2006 (Register 2006, No. 11).
§ 3939.22. Basin Plan Amendment to Revise the Early Life
Stage Implementation Provision of the Inland
Surface Water Ammonia Objectives for
Freshwater.
(a) On December 1, 2005 the Los Angeles Regional Water Quality
Control Board (Los Angeles Water Board) adopted Resolution No.
2005-014, amending the Water Quality Control Plan for the Los Angeles
Region (Basin Plan). The amendment revises Chapter 3 "Water Quality
Objectives" to revise the Early Life Stage (ELS) implementation provi-
sion of the inland surface water ammonia objectives for freshwater. This
amendment applies the "ELS absent" 30-day average objective in major
water bodies that do not have fish species that reproduce below 15 de-
grees Celsius. It is below 15 degrees Celsius that the objective varies on
the basis of the presence or absence of ELS. The amendment also applies
the "ELS absent" provision where physical conditions preclude repro-
duction and early development in significant numbers (even where fish
species that reproduce below 15 degrees Celsius are present). The
amendment applies the "ELS present" 30-day average objective to all
other water bodies.
Early life stages of fish are presumptively present and must be pro-
tected at all times of the year, unless the water body is listed in the table
titled. "Water Bodies Subject to 30-day Average Objective Applicable
to 'ELS absent" Condition" in the Basin Plan or unless a site-specific
study justifies applying the ELS absent condition or a seasonal ELS pres-
ent condition. Any change in the implementation provision for the ELS
present/absent condition, including the assignment of water bodies, must
be approved through the Basin Plan amendment process.
If recent data and information are submitted to the Los Angeles Water
Board that provide clear and convincing substantial evidence that the
physical conditions of a water body listed in the table have changed due
to restoration efforts such that the water body is "ELS present," the Los
Angeles Water Board shall reconsider this implementation provision to
ensure protection of ELS of fish in the water body.
To justify the ELS absent provision, information must be presented re-
garding fish species distributions, spawning periods, nursery periods,
and the duration of ELS found in the water body. Expert opinions from
fisheries biologists and other scientists will be considered. Where it can
be obtained, a consensus opinion from a diverse body of experts would
carry significant weight in determining the presence or absence of the
ELS. Information on water body temperature, including spatial, season-
al, and inter-amiual variability will also be considered. The determina-
tion of when ELS are most likely not to be present under chronic toxic
conditions that would affect the long-term success of the fish popula-
tions should include adequate scientific justification. The Los Angeles
Water Board shall use the record supporting a Basin Plan amendment as
the basis upon which to approve or disapprove changes to these imple-
mentation provisions for the 30-day average ammonia objective. The
Los Angeles Water Board shall ensure that the record clearly explains all
the factors and information considered in arriving at the determination.
The Los Angeles Water Board shall consider and weigh the breadth and
depth of scientific evidence in determining whether to remove the ELS
specification of a water body.
Where there is a site-specific ammonia objective for the water body
and the water body is not identified as ELS absent due to physical charac-
teristics of the water body, separate implementation provisions to protect
ELS offish may apply, since the temperature threshold at which ELS are
more sensitive than invertebrates may change based on these site-specif-
ic conditions. The potential for seasonality for all ELS present water bo-
dies will be considered before the ELS provision is applied to water bo-
dies with a site-specific objective.
Notwithstanding anything to the contrary herein, a watershed may
have some reaches and tributaries with ELS present conditions and oth-
ers with ELS absent conditions. Implementation actions to achieve appli-
cable ammonia objectives must implement downstream objectives.
(b) Through Regional Water Board Resolution No. R4-2007-005,
adopted June 7, 2007, the Los Angeles Regional Water Quality Control
Board amended the Water Quality Control Plan for the Los Angeles Re-
gion (Basin Plan). On January 15, 2008, the State Water Resources Con-
trol Board approved this amendment under State Board Resolution No.
2008-0004. This amendment incorporates site-specific 30-day average
ammonia objectives and corresponding site-specific early life stage im-
plementation provisions to replace the previously applicable regional
30-day average objective for the affected water body reaches. This
amendment will not change the regional one-hour average ammonia ob-
jective for these water bodies.
History
1. New section summarizing amendment to basin plan filed 8-31-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2005-014 on 7-19-2006; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 on 8-31-2006 (Register 2006, No. 35).
2. New subsection (b) summarizing amendment to basin plan filed 5-12-2008;
amendment approved by State Water Resources Control Board Resolution No.
Page 162.2(i)
Register 2008, No. 20; 5-16-2008
§ 3939.23
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2008-0004 on 1-1 5-2008; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 on 5-12-2008 (Register 2008. No. 20).
§ 3939.23. Total Maximum Daily Load for Metals and
Selenium in Calleguas Creek, Its Tributaries,
and Mugu Lagoon.
Los Angeles Regional Water Quality Control Board (Los Angeles
Water Board) Resolution No. R4-2006-0 12. adopted on June 8, 2006 by
the Los Angeles Water Board, modified the regulatory provisions of the
Water Quality Control Plan for the Los Angeles Region (Basin Plan) by
( 1 ) revising the Table of Contents, (2) adding introductory text for Chap-
ter 7 (Total Maximum Daily Loads), and (3) establishing a Total Maxi-
mum Daily Load (TMDL) for metals and selenium in Calleguas Creek,
its tributaries, and Mugu Lagoon. The State Water Resources Control
Board approved the amendment on October 25, 2006 under Resolution
No. 2006-0078.
Three of 14 reaches in the Calleguas Creek Watershed, including Re-
volon Slough, Lower Calleguas Creek — Reach 2, and Mugu Lagoon
have been listed under the federal Clean Water Act section 303(d) as not
meeting standards due to elevated concentrations of metals and selenium
in water. Technical studies indicate Mugu Lagoon is a sink for metals,
which endanger aquatic organisms and impair the existing habitat.
Aquatic organisms also accumulate metals, which cause human health
concerns. The beneficial uses most affected by metals and selenium load-
ings into Calleguas Creek, its tributaries, and Mugu Lagoon include habi-
tats which support wildlife and rare, threatened, or endangered species,
as well as habitats which support estuarine and wetland ecosystems. The
amendment establishes four types of numeric targets with which load al-
locations and waste load allocations were calculated. The types of nu-
meric targets are water quality targets for copper, nickel, zinc, mercury,
and selenium; fish tissue targets for mercury; bird egg targets for mercury
and selenium; and sediment quality guidelines for copper, nickel, and
zinc for 303(d)-listed reaches. In addition, the Basin Plan amendment
specifies final waste load allocations for point source discharges and load
allocations for nonpoint source discharges of metals and selenium. The
TMDL establishes a ten year implementation schedule for publicly
owned treatment works and other National Pollutant Discharge Elimina-
tion System Permittees, and a 15 year implementation schedule for agri-
cultural and permitted storm water dischargers to reduce the loading of
metals and selenium to Calleguas Creek. The TMDL also authorizes the
use of best management practices, to the extent authorized by law, for
various dischargers including agricultural and storm water dischargers.
The implementation plan includes a combination of water quality moni-
toring, hot-spot waste removal, waste collection, and sediment control.
The TMDL also consists of a monitoring program to assess compliance
with waste load allocations. The monitoring program also stipulates the
collection of additional data to evaluate the uncertainties and assump-
tions made in development of the TMDL and to consider potential man-
agement scenarios.
The Basin Plan amendment includes a brief description of the Calle-
guas Creek Watershed and the existing conditions contributing to water
quality problems. Calleguas Creek metals and selenium TMDL numeric
targets, source analysis, linkage analysis, waste load allocation, load al-
location, margin of safety, future growth, critical conditions, imple-
mentation plan, and compliance schedule are also discussed in the Basin
Plan amendment.
History
I. New section summarizing amendments to basin plan filed 2-6-2007; amend-
ment approved by State Water Resources Control Board Resolution No.
2006-0078 on 10-25-2006; amendments approved by OAL pursuant to Gov-
ernment Code section 1 1353 on 2-6-2007 (Register 2007, No. 6).
§ 3939.24. Total Maximum Daily Load for Bacteria in
Ballona Creek, Ballona Estuary, and Sepulvada
Channel.
This amendment to the Water Quality Control Plan for the Los An-
geles Region (Basin Plan) establishes a Total Maximum Daily Load
(TMDL) for bacteria in Ballona Creek, Ballona Estuary, and Sepulveda
Channel, based on a reference system approach which allows a set num-
ber of exceedances of the applicable bacteria objectives for wet-weather
days and both summer (April 1 to October 31) and winter (November 1
to March 31) dry-weather days. Wet-weather days are defined as any
day receiving 0. 1 inch of rain or more and three days thereafter. There are
four components of the TMDL. First, the TMDL sets numeric water qual-
ity targets equal to the updated Basin Plan water contact recre ation objec-
tives for marine and fresh waters (for Ballona Estuary and Sepulveda
Channel respectively). Basin Plan objectives for limited water contact
recreation (for Reach 2 of Ballona Creek), and the non-conta:t water rec-
reation Basin Plan objectives for Reach 1 of Ballona Creek. Second, the
TMDL applies the allowable maximum number of daily and weekly
sampling days which may exceed the single sample limits for the relevant
bacterial indicators, specified in the Basin Plan during summer dry
weather, winter dry weather, and wet weather. Third, the TMDL provides
that all responsible jurisdictions and agencies within a subwatershed are
jointly responsible for complying with the waste load allocations and that
the responsible jurisdictions for the nonpoint sources are res Donsible for
complying with their load allocation. Fourth, the TMDL applies the al-
lowable exceedance days, and the rolling 30-day geometric bacteria den-
sity means as specified in the Basin Plan as bacteriological water quality
objectives and stipulates these objectives must be achieved within six
years for the summer and winter dry weather period and within 10 years
for the wet-weather period. However, if an integrated wat£;r resources
approach is implemented, the Executive Officer of the Los Angeles Wa-
ter Quality Control Board (Los Angeles Water Board) may extend the
compliance for the wet-weather allowable exceedance days and the rol-
ling 30-day geometric mean up to 14 years from the effective date of the
TMDL (which corresponds with the final compliance date of the Santa
Monica Bay Bacteria Beaches TMDL).
The amendment identifies Los Angeles County Municipal Storm Wa-
ter National Pollutant Discharge Elimination System permit find the Cal-
trans Storm Water Permit and the authority vested in the Executive Offi-
cer by Water Code sections 1 3263 and 13267 as the principal regulatory
tools to be used to implement the TMDL.
This Basin Plan amendment was adopted by the Los Angeles Water
Board on June 8, 2006 and approved by the State Water Resources Con-
trol Board on November 15, 2006.
History
1 . New section summarizing amendments to basin plan filed 2-20-2007: amend-
ment approved by State Water Resources Control Board Resolution No.
2006-0092 on 1 1-15-2006; amendments approved by OAL pursuant to Gov-
ernment Code section 1 1353 on 2-20-2007 (Register 2007, No. 8).
§ 3939.25. Basin Plan Amendment to Incorporate a
Variance Provision for the Groundwater
Mineral Quality Objectives.
On March 9, 2006, the Los Angeles Regional Water Quality Control
Board (Los Angeles Water Board) adopted Resolution No. 2006-003
amending the Water Quality Control Plan for the Los Angeles Region
(Basin Plan). The amendment revises Basin Plan Chapter 3, "Water
Quality Objectives," to incorporate a variance provision for groundwater
mineral water quality objectives (contained in Table 3-10 of the 1994
version of the Basin Plan). This authority allows the Los Angeles Water
Board to approve permit-specific variances for the groundwater mineral
quality objectives. The variances are to be limited in geographic scope
to coastal aquifers where elevated concentrations of minerals are caused
by natural sources due to an aquifer's proxinuty to the coast
[The next page is 162.3.]
Page 162.2(j)
Register 2008, No. 20; 5-16-2008
Title 23
Regional Water Quality Control Boards
§ 3939.30
A discharger must submit to tlie Executive Officer a written request for
a variance from compliance with the mineral quality objectives for
groundwater. The Los Angeles Water Board may only grant a variance
after a duly noticed public meeting. The Los Angeles Water Board's de-
cision to grant or to deny a variance shall be based on evidence in the re-
cord. The Los Angeles Water Board may only grant a variance when it
determines that the request satisfies the conditions specified in the
amendment and that the variance is in the public interest. In granting a
variance, the Los Angeles Water Board must include appropriate re-
quirements in the Waste Discharge Requirements or enforcement order
consistent with the State Water Resources Control Board's anti-degrada-
tion resolution (State Water Board Resolution. No. 68-16) and other ap-
plicable water quality standards specified in regional and statewide water
quality control plans.
History
1 . New section summarizing amendments to basin plan filed 8-14-2007; amend-
ments approved by State Water Resources Control Board Resolution No.
2007-0027 on 5-22-2007; amendments approved by OAL pursuant to Govern-
ment Code section 1 1353 on 8-14-2007 (Register 2007, No. 33).
§ 3939.26. Basin Plan Amendment to Incorporate
Water-Effect Ratios (WERs) for Copper In
Lower Calleguas Creek and Mugu Lagoon in
the Calleguas Creek Watershed.
Resolution No. 2006-022, adopted on November 9, 2006 by the Los
Angeles Regional Water Quality Control Board, amended the regulatory
provisions of the Water Quality Control Plan for the Los Angeles Region
(Basin Plan), by incorporating water-effect ratios (WERs) that modify
the copper water quality criteria for Lower Calleguas Creek and Mugu
Lagoon in the Calleguas Creek Watershed in Ventura County. The
WERs shall be applied as multipliers to the copper water quality criteria
contained in the federally promulgated California Toxics Rule (CTR) as
set forth in 40 Code of Federal Regulations section 131.38. The WERs
modify the current acute (1-hour average) and chronic (4-day average)
copper criteria set to protect aquatic life for these waters. The WERs are
used to modify the criteria for copper in a manner that considers site-wa-
ter chemistry, as compared to laboratory water chemistry, to ensure the
criteria are as protective of aquatic life as was intended by the CTR. For
Mugu Lagoon (Reach 1), the site-specific WER for copper is 1.51. For
the Lower Calleguas Creek (Reach 2), the site-specific WER for copper
is 3.69. The Basin Plan amendment also specifies water monitoring re-
quirements and other provisions relating to the applicability of the
WERs.
History
1. New section summarizing amendments to the basin plan filed 8-16-2007;
amendments approved by State Water Resources Control Board Resolution No.
2007-0037 on 6- 1 9-2007; amendments approved by OAL pursuant to Govern-
ment Code section 11353 on 8-16-2007 (Register 2007, No. 33).
§ 3939.27. A Total Maximum Daily Load for Trash in the
Ventura River Estuary.
Los Angeles Regional Water Quality Control Board (Los Angeles
Water Board) Resolution No. R4-2007-008, adopted on June 7, 2007 by
the Los Angeles Water Board, modified the regulatory provisions of the
Water Quality Control Plan for the Los Angeles Region by: (1) revising
the Table of Contents, (2) adding introductory text for Chapter 7 (Total
Maximum Daily Loads), and (3) establishing a Total Maximum Daily
Load for trash in the Ventura River Estuary.
The amendment estabhshes the numeric target with which wasteload
allocations for point source discharges and load allocations for nonpoint
source discharges are calculated. Wasteload allocations will be imple-
mented through storm water permits via the authority vested in the
Executive Officer by section 13267 of the Porter-Cologne Water Quality
Control Act (Water Code section 13000 et seq.). Load allocations shall
be implemented through either ( 1 ) a conditional waiver from waste dis-
charge requirements, or (2) an alternative program implemented through
waste discharge requirements or an individual waiver or another ap-
propriate order of the Los Angeles Water Board.
History
1. New section sunimarizing amendment to basin plan filed 2-1 1-2008; amend-
ment approved by State Water Resources Control Board Resolution No.
2007-0072 on 12-4-2007; amendment approved bv OAL pursuant lo Goxern-
ment Code section 1 1353 on 2-1 1-2008 (Register 2008. No. 7).
§ 3939.28. A Total Maximum Daily Load for Trash in Lake
Elizabeth, Munz Lake and Lake Hughes.
Los Angeles Regional Water Quality Control Board (Los Angeles
Water Board) Resolution No. R4-2007-009, adopted on June 7. 2007 by
the Los Angeles Water Board, modified the regulatory provisions of the
Water Quality Control Plan for the Los Angeles Region by: ( 1 ) revising
the Table of Contents, (2) adding introductory text for Chapter 7 (Total
Maximum Daily Loads), and (3) establishing a Total Maximum Daily
Load for trash in Lake Elizabeth, Munz Lake, and Lake Hughes.
The amendment establishes the numeric target with which wasteload
allocations for point source discharges and load allocations for nonpoint
source discharges are calculated. Wasteload allocations will be imple-
mented through storm water permits via the authority vested in the
Executive Officer by section 1 3267 of the Porter-Cologne Water Quality
Control Act (Water Code section 13000 et seq.). Load allocations shall
be implemented through either (1) a conditional waiver from waste dis-
charge requirements, or (2) an alternative program implemented through
waste discharge requirements or an individual waiver or another ap-
propriate order of the Los Angeles Water Board.
History
1. New section sunrmiarizing amendments to the basin plan filed 2-8-2008;
amendments approved by State Water Resources Control Board Resolution No.
2007-0073 on 12-4-2007; amendments approved by OAL pursuant to Govern-
ment Code section 11 353 on 2-8-2008 (Register 2008, No. 6).
§ 3939.29. A Total Maximum Daily Load for Trash in Legg
Lake.
Los Angeles Regional Water Quality Control Board (Los Angeles
Water Board) Resolution No. R4-2007-010, adopted on June 7, 2007 by
the Los Angeles Board, modified the regulatory provisions of the Water
Quality Control Plan for the Los Angeles Region by: (1) revising the
Table of Contents, (2) adding introductory text for Chapter 7 (Total Max-
imum Daily Loads), and (3) establishing a Total Maximum Daily Load
for trash in Legg Lake.
The amendment establishes the numeric target with which wasteload
allocations for point source discharges and load allocations for nonpoint
source discharges are calculated. Wasteload allocations will be imple-
mented through storm water permits via the authority vested in the
Executive Officer by section 1 3267 of the Porter-Cologne Water Quality
Control Act (Water Code section 13000 et seq.). Load allocations shall
be implemented through either (1) a conditional waiver from waste dis-
charge requirements, or (2) an alternative program implemented through
waste discharge requirements or an individual waiver or another ap-
propriate order of the Los Angeles Water Board.
History
1. New section summarizing amendments to Basin Plan filed 2-5-2008; amend-
ments adopted by the Los Angeles Regional Water Quality Control Board
6-7-2007 pursuant to Resolution No. R4-2007-010. Approved by the State
Water Resources Control Board 12-4-2007 pursuant to Resolution No.
2007-0074; approved by OAL 2-5-2008 pursuant to Government Code section
1 1353 (Register 2008, No. 6).
§ 3939.30. A Total Maximum Daily Load for Trash in
Machado Lake.
Los Angeles Regional Water Quality Control Board (Los Angeles
Water Board) Resolution No. R4-2007-006, adopted on June 7, 2007 by
the Los Angeles Water Board, modified the regulatory provisions of the
Water Quality Control Plan for the Los Angeles Region by: ( 1 ) revising
the Table of Contents, (2) adding introductory text for Chapter 7 (Total
Maximum Daily Loads), and (3) establishing a Total Maximum Daily
Load for trash in Machado Lake.
The amendment establishes the numeric target with which wasteload
allocations for point source discharges and load allocations for nonpoint
source discharges are calculated. Wasteload allocations will be imple-
mented through storm water permits via the authority vested in the
Page 162.3
Register 2008, No. 20; 5-16-2008
§ 3939.31
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Executive Officer by section 13267 ofthe Porter-Cologne Water Quality
Control Act (Water Code section 13000 et seq.). Load allocations shall
be implemented through either (1) a conditional waiver from waste dis-
charge requirements, or (2) an alternative program implemented through
waste discharge requirements or an individual waiver or another ap-
propriate order of the Los Angeles Water Board.
History
1. New section summarizing amendments to the basin plan filed 2-8-2008;
amendments approved by State Water Resources Control Board Resolution No.
2007-0073 on 12-4-2007; amendments approved by OAL pursuant to Govern-
ment Code section 1 1353 on 2-8-2008 (Register 2008, No. 6).
§ 3939.31 . A Total Maximum Daily Load for Trash in
Revolon Slough and Beardsley Wash.
Los Angeles Regional Water Quality Control Board (Los Angeles
Water Board) Resolution No. R4-2007-007, adopted on June 7, 2007 by
the Los Angeles Water Board, modified the regulatory provisions of the
Water Quality Control Plan for the Los Angeles Region by: ( 1 ) revising
the Table of Contents, (2) adding introductory text for Chapter 7 (Total
Maximum Daily Loads), and (3) establishing a Total Maximum Daily
Load for trash in Revolon Slough and Beardsley Wash.
The amendment establishes the numeric target with which wasteload
allocations for point source discharges and load allocations for nonpoint
source discharges are calculated. Wasteload allocations will be imple-
mented through storm water permits via the authority vested in the
Executive Officer by section 13267 ofthe Porter-Cologne Water Quality
Control Act (Water Code section 13000 et seq.). Load allocations shall
be implemented through either (1) a conditional waiver from waste dis-
charge requirements, or (2) an alternative program implemented through
waste discharge requirements or an individual waiver or another ap-
propriate order of the Los Angeles Water Board.
History
1. New section summarizing amendments to the basin plan filed 1-24-2008;
amendments approved by the State Water Resources Control Board Resolution
No. 2007-0076 on 12-4-2007; amendments approved by OAL pursuant to
Government Code section 1 1353 on 1-24-2008 (Register 2008, No. 4).
Article 5. Central Valley Region
§ 3940. Revised Water Quality Control Plan for the
Sacramento River and San Joaquin River
Basins.
The revised Water Quality Control Plan for the Sacramento River and
San Joaquin River Basins, adopted 9 December 1994 by the Central
Valley Regional Water Quality Control Board per Resolution No.
94-380 and approved by the State Water Resources Control Board 16
February 1995 per Resolution 95-12, modifies the regulatory provisions
of the previous Water Quality Control Plan and its amendments as fol-
lows:
(a) Water Body Definitions: Adds definitions for "ground water" and
"ground water basin."
(b) Beneficial Use Categories and Definitions: Add definitions for
"Aquaculture," "Commercial and Sport Fishing," "Estuarine Habitat,"
"Marine Habitat," and "Preservation of Biological Habitats of Special
Significance"; Revise beneficial use category definitions previously in-
corporated: Municipal and Domestic Supply" (MUN); Agricultural Sup-
ply", "Industrial Process Supply," "Ground Water Recharge," "Fresh-
water Replenishment," "Navigation", "Contract Water Recreation,"
"Non-contact Water Recreation," "Cold Freshwater Habitat," "Warm
Freshwater Habitat," "WildUfe Habitat," "Rare, Threatened, and Endan-
gered Species," "Migration of Aquatic Organisms," and "Spawning, Re-
production, and/or Early Development."
(c) Tributary Rule: Revise tributary rule to state that beneficial uses of
a specifically identified waterbody generally applies to its tributary
streams, but on a case-by-case basis the Regional Board may determine
that a beneficial use designation does not apply to the entire body of wa-
ter.
(d) Inland Surface Waters: (1 ) Revise chemical constituents objective,
clarify that metal objectives are dissolved concentrations, and delete dis-
approved selenium objectives for San Joaquin River, Salt Slough, and
Mud Slough; (2) Provide for "appropriate averaging perio(Js" to deter-
nnine compliance with pH objective, temperature objective, .urbidity ob-
jective; (3) Revise radioactivity objective; (4) Revise Toxicity objective
to clarify how Regional Board makes determinations when combinations
of toxic chemicals arc present; (5) Add turbidity objective for surface wa-
ters with natural turbidity less than 5 NTUs.
(e) Ground Waters: (1 ) Designate all ground waters, unless otherwise
designated, as suitable or potentially suitable for municipal and domestic
water supply (MUN), agricultural supply (AGR), industrial service sup-
ply (IND), and industrial process supply (PRO); (2) Add criteria for mak-
ing exceptions to beneficial use designations of agricultural supply
(AGR) or industrial supply (IND or PRO); (3) Revise chemical constitu-
ents objective; (4) Add narrative objective for toxicity.
(f) Wastewater Reuse Policy: Expand the existing "Disposal of Waste-
water on Land Policy" to clarify implementation policy regarding State
Water Board Resolution No. 77-1, "Statement of Policy witli Respect to
Water Reclamation in California."
(g) Antidegradation: Add policy on implementation of State Water
Board Resolution No. 68- 1 6, "Statement of Policy with Respect to Main-
taining High Quality of Water in California."
(h) Water Quality Objectives: Add policy for application of water
quality objectives to: clarify that objectives apply to all waters rather than
at a point of compliance; clarify policy regarding designation of mixing
zones; clarify that "background" represents an initial goal and describe
how numerical limits are established in implementing a nan^ative water
quality objective; and add method for determining when a combination
of chemicals is assumed to present an unacceptable level of toxicological
risk.
(i) Contaminated Sites: Add policy for investigation and cleanup of
contaminated sites.
(j) Variances: Add authorization for short-term vaiiances for vector
and weed control, pest eradication, or fishery management.
History
1 . New article 5 and section summarizing regulatory provisions filed !')-] 0-95; Ba-
sin Plan revisions as adopted by the Central Valley Regional \A'ater Quality
Control Board 12-9-94 per Resolution No. 94-380 and approved by the State
Water Resources Control Board 2-16-95 per Resolution 95-12, approved by
OAL and effective per Government Code section 11353 on 5-9-95 (Resister
95, No. 19).
§ 3941 . Amendment to the Water Quality Control Plan for
the Sacramento River and San Joaquin River
Basins Specifically Authorizing Compliance
Schedules in NPDES Permits for Achieving
Water Quality Objectives or Effluent Limits
Based on Objectives.
The amendment to the Water Quality Control Plan for the Sacramento
River and San Joaquin River Basins, as adopted May 26, 1995 by the
Central Valley Regional Water Quality Control Board, modifies the reg-
ulatory provisions ofthe previous Water Quality Control Plan as follows:
Compliance Schedules — Specific authorization was added to allow
compliance schedules in NPDES permits for achieving water quality ob-
jectives or effluent limits based on objectives. The amendment autho-
rizes time schedules in NPDES permits only for water quality objects or
criteria adopted after the effective date of the amendment.
History
1. New section summarizing amendment to plan filed 9-25-95; Basin Plan
amendment adopted by the Central Valley Regional Water Qutlity Control
Board 5-26-95 per Resolution 95-142 and approved by the Stat; Water Re-
sources Control Board 7-20-95 per Resolution 95-42; approved by OAL and
effective 9-25-95 pursuant to Government Code section 11353 (Register 95,
No. 39).
§ 3942. Revised Water Quality Control Plan for the Tulare
Lake Basin.
The revised Water Quality Control Plan for the Tulare Lake Basin,
adopted August 17, 1995 by the Central Valley Regional Water Quality
Control Board per Resolution No. 95-208 and approved by the State Wa-
ter Resources Control Board, November 16, 1995 per Resolution No.
Page 162.4
Register 2008, No. 20, 5-16-2008
Title 23
Regional Water Quality Control Boards
§ 3942
95-86 modifies the regulatory provisions of the previous Water Quality
Control Plan and its amendments as follows:
(a) Introduction: adds definitions for "ground water" and "ground wa-
ter basin"; clarifies waste discharge types; clarifies description of point
and nonpoint discharges; describes regulatory direction on agricultural
drainage water and evaporation ponds.
(b) Existing and Potential Beneficial Uses:
(1) Specifies that defined beneficial uses do not include all possible
uses of water;
(2) Adds definitions for "Migration of Aquatic Organisms," "Preser-
vation of Biological Habitats of Special Significance," "Aquaculture,"
and "Navigation"; revises "Fish Spawning" and "Warm Freshwater Hab-
itat" and other beneficial use category definitions for statewide consis-
tency;
(3) Clarifies policy on the applicability of the beneficial uses of a spe-
cifically identified water body to its tributary streams;
(4) Adds criteria for making exceptions to the beneficial use designa-
tions of Agricultural Supply and Industrial Supply;
(5) Adds surface water map dividing Tulare Lake Basin into hydrolog-
ic units: changes format of Table II-l to reflect map.
(c) Water Quality Objectives:
( 1 ) Clarifies how water quality objecUves are to be achieved; provides
for compliance within the shortest pracUcable Ume. not to exceed ten
years, when immediate compliance is infeasible; explains policy for eva-
luating violations of water quality objectives formulated to preserve his-
toric condifions;
(2) Inland Surface Waters:
(A) Adds narrative objective for unionized ammonia;
(B) Chemical Constituents: specifies that waters shall not contain con-
centrafions that adversely affect beneficial uses; identifies information
that will be considered to evaluate compliance; revises maximum numer-
ic concentrations for water designated Municipal and DomesUc Supply;
(C) Clarifies dissolved oxygen objective;
(D) Provides for use of averaging periods in determining compliance
with objectives for pH, Temperature and Turbidity;
(E) Revises maximum numeric concentrations of pesticides and radio-
acfivity for water designated Municipal and Domestic Supply;
(F) Specifies that Toxicity objective applies regardless of whether the
toxicity is caused by a single substance or the interactive effect of multi-
ple substances; idenufies information that will be considered to evaluate
compliance;
(G) Changes method of determining Turbidity from Jackson Turbidity
Units (JTU) to Nephelometric Turbidity Units (NTU).
(3) Ground Waters:
(A) Chemical Constituents: clarifies narrative objective; identifies in-
formation that will be considered to evaluate compliance; revises maxi-
mum numeric concentrations for water designated Municipal and Do-
mestic Supply;
(B) Revises maximum numeric concentrations of pesticides and radio-
activity for water designated Municipal and Domestic Supply.
(d) Implementation:
(1) Provides a regulatory approach for discharges of agricultural sub-
surface drainage to evaporation basins;
(2) Adds a monitoring program and minimum management practices
to reduce drainage to the Lower Kings River;
(3) Clarifies that animal confinement and related areas shall not create
a nuisance; adds a 5-foot minimum separation requirement between the
invert of the wastewater pond and the highest anticipated elevation of un-
derlying groundwater; adds monitoring requirements for waiver of waste
discharge requirements;
(4) Clarifies goal regarding overdraft of ground water;
(5) Revises valleywide drain recommendation to include salts gener-
ated by municipal, industrial, and agricultural dischargers; establishes
conditions for Regional Water Board Support;
(6) Clarifies that flush toilets and package, biological treatment sys-
tems at recreational areas must meet the requirements of a domestic
wastewater treatment facility;
(7) Deletes provisions requiring counties, cities or water agencies to
adopt standards for drilling and abandonment of water wells, cathodic
protection wells, and monitoring wells;
(8) Provides that burned areas should be managed to minimize erosion
of materials into streams;
(9) Provides that wastewater dischargers will be required to reclaim
and reuse wastewater whenever reclamation is feasible;
(10) Provides that Regional Water Board will review alternatives
when considering a ban on new septic tank systems and elimination of
existing systems;
(11) Revises effluent limits for discharges to navigable waters and dis-
charges to land;
(12) Revises conditions for temporary waiver of wastewater reclama-
tion requirements if the project is consistent with the "Guidelines for Use
of Reclaimed Water" developed by the Department of Health Services;
( 1 3) Requires inclusion of plans for reclamation in all project reports
for new or expanded wastewater facilities;
(14) Adds a policy statement encouraging small communities to con-
solidate when they have insufficient resources to treat their wastewater;
(15) Revises requirements for industrial wastewater; allows discharge
of higher electrical conductivity if the total salt load is decreased or the
higher electrical conductivity is due to high organic material; explains
policy on industrial wastewater reuse;
(16) Clarifies operational procedures for land disposal of stillage
waste from wineries;
(18) Adds nature of control actions to achieve water quahty objectives;
(19) Adds a policy on implementation of State Water Resources Con-
trol Board "Antidegradation Policy," Resolution No. 68-16, "Statement
of Policy with Respect to Maintaining High Quality of Water in Califor-
nia";
(20) Application of water quality objectives:
(A) Provides that objectives apply to all waters having designated
beneficial uses, rather than at an intake, wellhead or other point of con-
sumption;
(B) Provides for designation of mixing zones in connection with the
issuance of NPDES and storm water permits;
(C) Clarifies that "background" represents an initial goal and de-
scribes how the numerical limits are established in implementing the nar-
rative water quality objectives;
(D) Clarifies how appropriate numerical limits are determined where
toxic pollutants exist together in water;
(E) Provides for schedules of compliance regarding NPDES permits;
(21) Add "Ground Water Cleanups" policy: specifies factors to be
considered and criteria that must be satisfied to investigate discharges
and establish cleanup levels on a case-by-case basis;
(22) Adds specific prohibition of dilution in lieu of treatment to meet
waste discharge requirements except in water short areas where waste
may be blended with fresh water for reuse;
(23) Prohibits discharge of oil or any residuary product of petroleum;
(24) Prohibits discharge of hazardous waste or chemicals known to the
state to cause cancer;
(25) Clarifies requirements that will be imposed on a discharger to a
water quality limited segment;
Page 162.5
Register 2008, No. 20; 5-16-2008
§3943
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
(26) Provides for variances from Basin Plan provisions to implement
control measures for vector and weed control, pest eradication, or fishery
management conducted to fulfill statutory requirements.
History
1 . New section filed 2-27-96; operative 2-27-96 pursuant to Government Code
section 1 1353 (Register 96. No. 9).
2. Editorial con-ection (Register 97, No. 2).
§ 3943. Amendment to the Water Quality Control Plan for
the Sacramento River and San Joaquin River
Basins for the Control of Agricultural
Subsurface Drainage Discharges.
The amendment to the Water Quality Control Plan for the Sacramento
River and San Joaquin River Basins, as adopted May 3, 1 996 by the Cen-
tral Valley Regional Water Quality Control Board, modifies the regulato-
ry provisions of the previous Water Quality Control Plan as follows:
1. Surface Water Beneficial Uses — Beneficial Uses were added to
Mud Slough (north), Salt Slough and the Wetland Supply Channels, in-
cluded a "Limited Beneficial Use" for Mud Slough (North) and the Wet-
land Supply Channels.
2. Water Quality Objective for Selenium — A Water Quality Objec-
tive for Selenium and schedule of compliance has been added for Mud
Slough (North) and the San Joaquin River. A selenium Water Quality
Objective has also been added for Salt Slough and reconstructed water
supply channels in the Grasslands watershed.
3. Agricultural Discharge Prohibitions — The discharge of agricultur-
al subsurface drainage from the Grasslands Watershed to the San Joaquin
River is prohibited unless such discharge began prior to the effective date
of this amendment, or is regulated by Waste Discharge Requirements.
Selenium discharge from the Grasslands Watershed to the San Joaquin
River is prohibited in amounts exceeding 8,000 Ibs/yr, and is prohibited
in Mud Slough and the San Joaquin River from Sack Dam to the mouth
of the Merced River after October 1 , 2010 unless Water Quality Objec-
tives for selenium are being met. The discharge of agricultural subsurface
drainage water to Salt Slough and the wetland water supply channels is
prohibited unless quality objectives for selenium are being met.
4. Control Actions — Performance goals and effluent limits estab-
lished in Waste Discharge Requirements will be used to measure prog-
ress toward achievement of Water Quality Objectives for selenium.
History
1 . New section summarizing amendments to Basin Plan filed 1-10-97; Basin Plan
amendment adopted by the Central Valley Regional Water Quality Control
Board 5-3-96 per Resolution No. 96-147 and approved by the State Water Re-
sources Control Board 9-19-96 per Resolution No. 96-078, approved by OAL
and effective per Government Code section 11353 on 1-10-97 (Register 97,
No. 2).
§ 3944. Site Specific pH and Turbidity Objectives for Deer
Creek in El Dorado and Sacramento Counties.
Regional Board Resolution No. R5-2002-0127, adopted on July 19
2002 by the Central Valley Regional Water Quality Control Board
(CVRWQCB), amended Chapter 3, Water Quality Objectives by estab-
lishing the following site-specific pH and turbidity objectives for Deer
Creek in El Dorado and Sacramento Counties:
The pH of the receiving water shall not be depressed below 6.5 nor
raised above 8.5.
When the dilution ratio for discharges is less than 20: 1 and where natu-
ral turbidity is less than 1 Nephelometric Turbidity Unit (NTU), dis-
charges shall not cause the receiving water daily average turbidity to ex-
ceed 2 NTUs or daily maximum turbidity to exceed 5 NTUs. Where
natural turbidity is between 1 and 5 NTUs, discharges shall not cause re-
ceiving water daily average turbidity to increase more than 1 NTU or dai-
ly maximum turbidity to exceed 5 NTUs. Where discharge dilution ratio
is 20: 1 or greater, or where natural turbidity is greater than 5 NTUs, the
general turbidity objectives shall apply.
History
1 . New section summarizing amendments to Water Quality Control Plan filed
8-14-2003; Water Quality Control Plan amendment adopted by the Central
Valley Regional Water Quality Control Board 7-19-2002 per Resolution No.
R5-2002-0127, approved by OAL and effective per Govemmeni Code section
11 353 on 8-14-2003 (Register 2003, No. 33).
§ 3944.1 . Site Specific Objectives for Temperature for Deer
Creek in El Dorado and Sacramento Counties.
Regional Board Resolution No. R5-2003-0006, adopted by the Cen-
tral Valley Regional Water Quality Control Board on January 31 , 2003,
modified the regulatory provisions of the Water Quality Control Plan for
the Sacramento and San Joaquin River Basins by ( 1 ) adding text to Chap-
ter III (Water Quality Objectives) establishing site-specific objectives
for temperature for Deer Creek in El Dorado and Sacramento Counties,
and by (2) adding text to Chapter V (Surveillance and Monitoring) re-
quiring a special study of temperature, flow, and biota on Deer Creek to
be conducted by the El Dorado Irrigation District to evaluate compliance
with the site-specific temperature objectives and their effect on benefi-
cial uses. The site-specific temperature objectives are currently being at-
tained and are specified by calendar month as a daily maximum and
monthly average not to be exceeded.
History
1 . New section summarizing amendments to Basin Plan filed 3-1 1-2005; amend-
ments adopted by the Central Valley Regional Water Quality Control Board
1-3 1-2003 by Resolution No. R5-2003-0006; approved by the State Water Re-
sources Control Board on 2-1 9-2004 per Resolution No. 2004-0Ci08; approved
by OAL 3-11-2005 pursuant to Government Code section 11353 (Register
2005, No. 10).
§ 3944.2. Revision to Site-Specific Objectives for
Temperature for Deer Creek in El Dorado and
Sacramento Counties.
On September 16, 2005, the Central Valley Regional Water Quality
Control Board adopted Resolution No. R5-2005-01 19, theniby modify-
ing an amendment to the Water Quality Control Plan for the Sacramento
and San Joaquin River Basins (Basin Plan) (previously ad(3pted under
Resolution No. R5-2003-0006) that established site-specific objectives
for temperature for Deer Creek, located in El Dorado and Sacramento
Counties. Resolution No. R5-2005-0119 changed the word "'dis-
charges'' to the words '"controllable factors" in the following sentence
located in Chapter 3 of the Basin Plan: "For Deer Creek, source to Co-
sumnes River, temperature changes due to discharges controllable fac-
tors shall not cause creek temperatures to exceed the objectives specific
in Table III^A."
History
1. New section summarizing amendment to basin plan filed 3-28-2006; amend-
ment approved by the State Water Resources Control Board Resolution No.
2006-0003 on 1^-2006; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 on 3-28-2006 (Register 2006, No. 13).
§ 3945. Program for Control of Mercury in Clear Lake.
Regional Board Resolution No. R5-2002-0297, adopted on Decem-
ber 6, 2002, by the Central Valley Regional Water Quality Control
Board, modifies the regulatory provisions of the Water Quality Control
Plan for the Sacramento River and San Joaquin River Basins by estab-
li shing a program for the control of mercury in Clear Lake. Tf e modifica-
tions included:
1 . Surface Water Beneficial Uses — The commercial and sport fishing
beneficial use designation was added to Clear Lake.
2. Water Quality Objective for Methylmercury — A Water Quality
Objective expressed as methylmercury concentration in fish tissue was
added for Clear Lake. Methylmercury concentrations are not to exceed
0.09 mg/kg in trophic level 3 fish and 0. 1 9 mg/kg in trophic level 4 fish.
3. Implementation Plan to Reduce Mercury — The implementation
plan to reduce mercury levels in lake sediment and fish tissue includes
a requirement to reduce mercury loads from the Sulphur Bank Mercury
Mine by 95%, reduce lake sediment mercury concentrations by 70%, and
reduce mercury loads from tributary creeks by 20%. Implementation of
detailed remediation plans is required within ten years.
4. Monitoring Program — A monitoring and surveillance program in-
cludes criteria for determining comphance with the fish tissue objective.
The program requires mercury monitoring in water, sediment, and fish
tissue and specifies monitoring frequencies.
Page 162.6
Register 2008, No. 20; 5-16-2008
Title 23
Regional Water Quality Control Boards
§3947
History
1. New section summarizing amendments to Basin Plan filed 7-15-2003; Basin
Plan amendment adopted by the Central Valley Regional Water Quality Control
Board 1 2-6-2002 per Resolution No. R5-2002-0207 and approved by the State
Water Resources Control Board 5-21-2003 per Resolution 2003-0040, ap-
proved by OAL and effective per Government Code section 11353 on
7-15-2003 (Register 2003, No. 29).
§ 3945.1 . Program for Control of Mercury in Cache Creek,
Bear Creek, Sulphur Creek, and Harley Gulch.
The amendment establishes water quality objectives for average me-
thylmercury concentrations of 0.12 and 0.23 milligram per kilogram
(mg/kg), wet weight, respectively, in large, trophic level 3 and 4 fish in
Cache Creek (Clear Lake to Yolo Bypass), North Fork Cache Creek, and
Bear Creek. It also establishes the average methylmercury concentration
of 0.05 mg/kg, wet weight, in whole, trophic level 2 and 3 fish in Harley
Gulch.
The amendment also requires monitoring offish tissue, water, and sed-
iment to determine compliance with the methylmercury fish tissue objec-
tives and verify implementation of mercury controls.
The amendment adds the commercial and sport fishing (COMM)
beneficial use to Cache Creek from Clear Lake to Yolo Bypass and in the
following tributaries only: North Fork Cache Creek and Bear Creek.
The amendment establishes the following implementafion provisions:
1. Establishes annual average methylmercury (unfiltered) aqueous
goals for evaluating achievement of load allocations.
2. Establishes load allocations of methylmercury from nonpoint
sources by watershed.
3. Requires 95 percent total mercury load reduction from inactive
mines.
4. Requires mine owners to submit cleanup plans for mines and down-
stream wetlands and complete remedial activities by 201 1 and to develop
creek sediment cleanup plans thereafter.
5. Requires the U.S. Bureau of Land Management to evaluate engi-
neering options to control erosion at the bottom of Harley Gulch and to
clean up the sediment, if feasible projects are identified.
6. Requires that road construction projects or maintenance activities
of the California Department of Transportation (Caltrans) comply with
Caltrans' statewide Storm Water Management Plan and implement best
management practices to control erosion, including pre-project assess-
ments to identify areas with enriched mercury and descriptions of addi-
tional management practices that will be implemented in these areas.
7. Requires non-Cal trans road departments to control erosion and sub-
mit information describing the management practices that will be imple-
mented to control erosion.
8. Requires landowners and project proponents to control erosion,
minimize discharges of mercury and methylmercury, and submit erosion
control plans for changes in land use or new projects that are expect to
increase mercury or methylmercury discharges.
9. Requires new impoundments, reservoirs, ponds, and wetlands to be
constructed and operated to preclude an increase in methylmercury con-
centrations in Cache Creek, Bear Creek, Harley Gulch, and Sulphur
Creek.
10. Requires the California Department of Parks and Recreation to
evaluate potential management practices to reduce methylmercury loads
from Anderson Marsh.
1 1 . Requires owners of the Wilbur Hot Springs resort to not increase
mercury or methylmercury loads.
12. Requires Central Valley Water Board review every five years.
History
1 . New section summarizing amendments to basin plan filed 10-17-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2006-0054 on 7-1 9-2006; amendments approved by OAL pursuant to Govern-
ment Code section 1 1353 on 10-17-2006 (Register 2006, No. 42)
§ 3946. Updating Language and Editorial Corrections in
the Water Quality Control Plans for the
Sacramento-San Joaquin River Basins and for
the Tulare Lake Basin.
Amendment updates descriptions and references and makes minor
corrections to the Basin Plan text.
History
1. New section summarizing amendments to basin plans filed 1 1-6-2003; basin
plan amendments adopted by the Central Valley Regional Water Quality Con-
trol Board 9-6-2002 per Resolution No. R5-2002-0151 and 10-17-2002 per
Resolution No. R5-2002-0151, as clarified and modified by Regional Board
Executive Officer memorandum dated July 23, 2003, approved by the State Wa-
ter Resources Control Board 9-16-2003 per Resolution 2003-0059, approved
by OAL and effective per Government Code section 11353 on 11-6-2003
(Register 2003, No. 45).
§ 3947. Program to Control the Discharge of Diazinon and
Chlorpyriphos into the Sacramento and
Feather Rivers.
The Central Valley Regional Water Quality Control Board adopted
Resolution number R5-2003-0148 on October 1 6, 2003 and Revised un-
der Resolution number R5-2007-0034 a Program to Control the Dis-
charge of Diazinon and Chlorpyriphos into the Sacramento and Feather
Rivers. The Amendment and its revisions incorporate the following pro-
visions into the Central Valley Regional Water Quality Control Board's
(Regional Board' s) Water Quality Control Plan for the Sacramento River
and San Joaquin River Basins (Basin Plan):
Water Quality Objectives
Revises maximum diazinon concentration (1-hour average and 4-day
average) in the Sacramento and Feather Rivers not to be exceeded more
than once every three years on the average.
Establishes a maximum chlorpyriphos concentration (1-hour average
and 4 day average) in the Sacramento and Feather Rivers not to be ex-
ceeded more than once every three years.
Establishes wasteload and load allocations for diazinon and chlorpyri-
phos.
Revises Implementation Provisions for Discharge into the Sacramen-
to and Feather Rivers to include diazinon and chlorpyriphos. Requires
compliance with diazinon and chlorpyriphos water quality objectives,
wasteload and load allocation by the date of U.S. Environmental Protec-
tion Agency approval.
1 . Requires Regional Board review of the allocations and implementa-
tion provisions by June 30, 2013 and every five years thereafter.
2. States that the Regional Board will require any additional reductions
in Diazinon and chlorpyriphos necessary to account for additive or syner-
gistic effects or protect tributary waters.
3. Requires the submission of a management plan to the Regional
Board that describes the actions to be taken by diazinon dischargers to
meet the allocations and objectives.
4. Requires any waiver of waste discharge requirements to be consis-
tent with the provisions of the implementation program.
5. Includes estimates of the cost of the program for agriculture.
Contains requirements for a monitoring and reporting program
associated with any waiver of waste discharge requirements or waste dis-
charge requirements that addresses pesticide runoff in the Sacramento
Valley.
History
1. New section summarizing amendments to Basin Plan filed 6-9-2004; amend-
ments adopted by the Central Valley Regional Water Quality Control Board
10-16-2003 by Resolution No. R5-2003-0148. Approved by the State Water
Resources Control Board 4-22-2004 by Resolution No. 2004-0022; approved
by OAL 6-8-2004 pursuant to Government Code section 11353 (Register
2004, No. 24).
2. Amendment of section heading and section summarizing changes to Basin Plan
filed 5-12-2008; amendments adopted by the Central Valley Regional Water
Quality Control Board 5-3-2007 by Resolution No. R5-2007-0034. Approved
by State Water Resources Control Board 2-19-2008 by Resolution No.
Page 162.6(a)
Itegister 2008, No. 20; 5-16-2008
§3948
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2008-0013; amendment approved by OAL 5-12-2008 pursuant to Govern-
ment Code section 1 1353 (Register 2008, No. 20).
§ 3948. Dedesignating Four Beneficial Uses of Old Alamo
Creek, Solano County.
Regional Board Resolution No. R5-2005-0053, adopted by the Cen-
tral Valley Regional Water Quality Control Board on April 28, 2005, mo-
dified the regulatory provisions of the Water Quality Control Plan for the
Sacramento and San Joaquin River Basins by dedesignating four benefi-
cial uses (municipal and domestic supply, cold freshwater habitat,
spawning, reproduction, and early development offish, and migration of
aquatic organisms) of Old Alamo Creek in Solano County.
History
1 . New section summarizing amendment to basin plan filed 4-25-2006; amend-
ment approved by the State Water Resources Control Board Resolution No.
2006-0009 on 2-1-2006; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 on 4-25-2006 (Register 2006, No. 17).
§ 3949. Program for Control of Diazlnon and Chlorpyrifos
Runoff into the Lower San Joaquin River.
On October 2 1 , 2005, the Central Valley Water Board adopted Resolu-
tion No. 2005-0138. The Amendment incorporates the following provi-
sions into the Central Valley Regional Water Quality Control Board's
(Regional Board's) Water Quality Control Plan for the Sacramento River
and San Joaquin River Basins (Basin Plan):
Water Quality Objectives
A maximum chlorpyrifos concentration of 0.025 micrograms per liter
(fAg/L) (1-hour average) and 0.015 [Ag/L (4-day average) and a maxi-
mum diazinon concentration of 0.16 micrograms per liter ([Ag/L) (1-hour
average) and 0. 10 [Ag/L (4-day average) in the San Joaquin River from
Mendota Dam to Vemalis not to be exceeded more than once in a three
year period.
Implementation Provisions for Discharge into the San Joaquin River.
1. After December 1, 2010, the discharge of diazinon or chlorpyrifos
is prohibited during dormant and irrigation seasons if there was any ex-
ceedence of diazinon and/or chlorpyrifos water quality objectives in the
previous season. The prohibitions do not apply if the discharge is subject
to a waiver of waste discharge or waste discharge requirement.
2. Requires dischargers to consider whether an alternative to diazinon
or chlorpyrifos would degrade ground or surface water.
3. Requires compliance by December 1, 2010.
4. Requires Regional Water Board review of the allocations and im-
plementation provisions by December 31, 2009 and every five years
thereafter.
5. Establishes the wasteload allocations for National Pollutant Dis-
charge Elimination System-permitted sources, load allocations for non-
point source discharges, and the Loading Capacity of the San Joaquin
River from the Mendota Dam to Vernalis as defined below:
Cd Cc
TU = + < 1.0
WQOd WQOc
where
Cd = diazinon concentration in [Ag/L of point source discharge for the
WLA; nonpoint source discharge for the LA; or San Joaquin River for the
LC.
Cc = chlorpyrifos concentration in [Ag/L of point source discharge for
the WLA; nonpoint source discharge for the LA; or San Joaquin River
for the LC.
WQOd = acute or chronic diazinon water quaUty objective in [Ag/L.
WQOc = acute or chronic chlorpyrifos water quality objective in [Ag/L.
6. States that the Regional Water Board will require any additional re-
ductions in diazinon and chlorpyrifos necessary to account for additive
or synergistic effects or protect tributary waters.
7. Requires dischargers to submit management plans to the Regional
Water Board.
8. Requires any waiver of waste discharge requirements to be consis-
tent with the provisions of the implementation program.
9. Includes estimates of the cost of the program for agriculture.
Monitoring
Requires a monitoring and reporting program to determijie:
1 . Compliance with diazinon and chlorpyrifos water quality objectives
and loading capacity.
2. Compliance with load allocations.
3. Degree of implementation and effectiveness of management prac-
tices and strategies to reduce off-site migration of diazinon end chlorpy-
rifos.
5. Degradation of surface water quality from alternatives to diazinon
and chlorpyrifos.
6. Additive or synergistic effects of multiple pollutants
7. Management practices are achieving the lowest pesticide levels
technically and economically achievable.
History
1. New section summarizing amendment of basin plan filed 6-30-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2006-0025 on 5-2-2006; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 on 6-30-2006 (Register 2006, No. 26).
§ 3949.1 . Amendments to the Water Quality Control Plan
for the Sacramento River and San Joaquin
River Basins for the Control of Salt and Boron
Discharges into the Lower San Joaqui n River.
The Amendments:
1 . Defines the location of the Lower San Joaquin River (LSJR) Wa-
tershed, which is the area that the salinity control program tpplies to.
2. Defines, for the purposes of this control program:
a. Nonpoint source land uses as all irrigated lands.
b. Nonpoint source discharges as discharges from irrigated lands.
c. Irrigated lands as lands where water is applied for producing crops
and includes, but is not limited to, land planted to row, field and tree crops
as well as commercial nurseries, nursery stock production, managed wet-
lands, and rice production.
3. Requires dischargers of irrigation return flows from irrigated lands
to comply with one of the following conditions:
a. Cease discharge to surface water
b. Discharge does not exceed 31 5[AS/cm electrical conductivity (based
on a 30-day running average)
c. Operate under waste discharge requirements that include effluent
limits for salt
d. Operate under a waiver of waste discharge requirements for salt and
boron discharges to the LSJR
4. Establishes salinity base load allocations and real-time load alloca-
tions for nonpoint source dischargers. Base load allocations are fixed and
real time load allocations are based on the available loading capacity mi-
nus a margin of safety.
5. Establishes a method for apportioning load allocations among non-
point source dischargers.
6. Establishes salinity waste load allocations for National Pollutant
Discharge Elimination System (NPDES) permitted sources equal to the
existing salinity water quality objectives for the San Joaquin River at the
Airport Way Bridge near Vemalis.
7. Establishes supply water load allocations for salts in irrigation water
imported to the LSJR Watershed from the Sacramento/San Joaquin River
Delta.
8. Requires compliance with load allocadons within eight to 20 years
from the effective date of the control program (depending on the location
of the discharge, threat to water quality, and water year type).
9. Requires existing NPDES dischargers to comply v/ith waste load al-
locations within 20 years from the effective date of the control program
for critically dry water years and 16 years from the effective; date of the
control program for all other water year types.
10. Requires new NPDES permitted dischargers to complj' with waste
load allocations upon commencement of their discharge.
1 1 . Requires the Regional Board to review and update the load alloca-
tions and waste load allocations every six years from effective date of this
control program.
Page 162.6(b)
Register 2008, No. 21); 5-16-2008
Title 23
Regional Water Quality Control Boards
§ 3949.4
1 2. Requires the Regional Board to incorporate load allocations and/or
conditions of program compliance into waste discharge requirements
and/or waiver of waste discharge requirements within two years from the
eflcctive date of this control program.
History
1. New section summarizing amendment to basin plan filed 7-21-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2005-0087 on 1 1-16-2005; amendment approved by OAL pursuant to Gov-
ernment Code section 11 353 on 7-21-2006 (Register 2006, No. 29).
§ 3949.2. Program to Control Dissolved Oxygen in the
Stockton Deep Water Ship Channel.
Resolution No. R5-2005-0005, adopted by the Central Valley Re-
gional Water Quality Control Board (Central Valley Water Board) on
January 27, 2005, modified the regulatory provisions of the Water Quali-
ty Control Plan for the Sacramento and San Joaquin River Basins by in-
corporating a program for the control of factors contributing to the dis-
solved oxygen impairment in the Stockton Deep Water Ship Channel
(DWSC). Impairment is defined in terms of excess net oxygen demand
(ENOD) and responsibility for reducing ENOD is apportioned to the en-
tities responsible for three factors that contribute to the impairment (low
flow, increased channel geometry, and loads of oxygen demanding sub-
stances and their precursors (ODS)).
The program includes a Total Maximum Daily Load that allocates per-
cent of relative responsibility for the ENOD to the point source and non-
point source discharges that contribute ODS to the DWSC: 30 percent for
a waste load allocation for the City of Stockton Regional Wastewater
Control Facility; 60 percent for a load allocation for nonpoint sources
(defined as discharges from irrigated lands); and 10 percent as a reserve
for impacts from unknown sources and/or minor sources. An explicit
margin of safety of 20 percent is incorporated. The Central Valley Water
Board has committed to reviewing and updating the load allocations,
waste load allocations, and prohibitions (mentioned below) by Decem-
ber 2009.
Entities responsible for sources of ODS are required to perform studies
by December 2008 that identify and quantify: 1) sources of ODS in the
source area; 2) growth or degradation mechanisms of ODS in transit to
the DWSC; and 3) the impact of ODS on dissolved oxygen concentra-
tions in the DWSC under a range of environmental conditions. Within 60
days from the effective date of this amendment, responsible entities must
submit a study plan for the Central Valley Water Board describing how
ongoing studies and future studies will address information needs.
Upon the effective date of this amendment, any increases in the dis-
charge of ODS into waters tributary to the DWSC is prohibited unless the
discharge is regulated by a waiver of waste discharge requirements, or
individual or general waste discharge requirements or National Pollution
Discharge Elimination System (NPDES) permits, which either imple-
ment the amendment or include a finding that the discharge will have no
reasonable potential to cause or contribute to the dissolved oxygen im-
pairment in the DWSC.
After December 3 1 , 20 11 , the discharge of ODS into waters tributary
to the DWSC is prohibited when net daily flow in the DWSC is less than
3,000 cubic feet per second, unless dissolved oxygen objectives in the
DWSC are being met or the discharge is regulated by a waiver of waste
discharge requirements, or individual or general waste discharge require-
ments or National Pollution Discharge Elimination System (NPDES)
permits, which either implement the amendment; or include a finding
that the discharge will have no reasonable potential to cause or contribute
to the dissolved oxygen impairment in the DWSC.
The United States Army Corps of Engineers must submit by Decem-
ber 3 1 , 2006 a technical report identifying and quantifying; 1) the chemi-
cal, biological, and physical mechanisms by which loads of substances
into, or generated within the DWSC, are converted to oxygen demand;
and 2) the impact that the Stockton Deep Water Ship Channel has on re-
aeration and other mechanisms that affect dissolved oxygen concentra-
tions in the water column.
Any project that requires a Clean Water Act Section 401 Water Quali-
ty Certification and that has the potential to impact dissolved oxygen
conditions in the DWSC must evaluate and fully mitigate those impacts.
The Central Valley Water Board may consider alternate measures, as op-
posed to direct control, of certain contributing factors if these measures
adequately address the impact on the dissolved oxygen impairment and
do not degrade water quality in any other way. Compliance with waste
load allocations and load allocations for ODS, and development of alter-
nate measures to address non-load related factors must be achieved by
December 31, 2011.
History
1. New section summarizing amendment of Basin Plan filed 8-4-2006; amend-
ment approved by State Water Resources Control Board Resolution No.
2006-0086 1 1-16-2005; amendment approved by OAL pursuant to Govern-
ment Code section 1 1353 8^1-2006 (Register 2006, No. 31 ).
§ 3949.3. Amendment to the Water Quality Control Plan for
the Sacramento River and San Joaquin River
Basins for the Control of Nutrients in Clear
Lake.
Resolution No. R5-2006-0060, adopted on June 23, 2006 by the Cen-
tral Valley Regional Water Quality Control Board amended the Water
Quality Control Plan for the Sacramento River and San Joaquin River
Basins to establish a program for the control of nutrients in Clear Lake.
This resolution was approved by the State Water Resources Control
Board on April 3, 2007 under Resolution No. 2007-0012.
The amendment establishes a Total Maximum Daily Load and imple-
mentation program for the control of nutrients in Clear Lake. It includes
wasteload allocations for the stormwater dischargers and load alloca-
tions for County of Lake, the U.S. Bureau of Land Management, the U.S.
Forest Service, and irrigated agriculture. Waste discharge requirements
and waivers will be used to implement phosphorus control practices. The
Responsible Parties are required to conduct studies on whether the prac-
tices achieve compliance with the Basin Plan objectives.
History
1. New section summarizing amendment to basin plan filed 6-19-2007; amend-
ment adopted by the Central Valley Regional Water Quality Control Board
6-23-2006 (Resolution No. R5-2006-0060) and approved by the State Water
Resources Control Board 4-3-2007 (Resolution No. 2007-0012); approved by
OAL 6-19-2007, pursuant to Government Code section 1 1353 (Register 2007,
No. 25).
§ 3949.4. Amendment to the Water Quality Control Plan for
the Sacramento River and San Joaquin River
Basins for the Control of Diazinon and
Chlorpyrifos Runoff into the Sacramento — San
Joaquin Delta.
On June 23, 2006, the Central Valley Regional Water Quality Control
Board (Central Valley Water Board) adopted Resolution No.
R5-2006-0061, and on May 22, 2007, it was approved by the State Wa-
ter Resources Control Board. This amendment incorporates the follow-
ing provisions into the Water Quality Control Plan for the Sacramento
River and San Joaquin River Basins.
Water Quality Objectives
This amendment establishes a maximum chlorpyrifos concentration
of 0.025 micrograms per liter (1-hour average) and 0.015 micrograms
per liter (4-day average) and a maximum diazinon concentration of 0. 1 6
micrograms per liter (1-hour average) and 0.10 micrograms per liter
(4-day average) that are not to be exceeded more than once in a three-
year period. These objectives apply to 146 named Delta waterways with-
in the legal boundaries of the Delta as described in section 12220 of the
California Water Code.
Implementation Provisions for Discharge into the Delta Waterways
This amendment:
1 . Prohibits, beginning December 1 , 201 1 , the discharge of diazinon
or chlorpyrifos into Delta waterways during the dormant or irrigation
season if there was any exceedance of the chlorpyrifos or diazinon water
quality objectives or loading capacity during the previous season. These
prohibitions do not apply if the discharge is subject to a waiver of waste
discharge requirements or waste discharge requirements. These prohibi-
tions apply only to dischargers causing or contributing to the exceedance
of the water quality objective or loading capacity.
Page 162.6(c)
Register 2008, No. 26; 6-27-2008
§ 3949.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
2. Requires dischargers to consider whether an alternative to diazinon
or chlorpyrifos would degrade ground or surface water.
3. Requires compUance by December 1, 201 1.
4. Requires Central Valley Water Board review of the allocation and
implementation provisions by December 31, 2010 and every five years
thereafter.
5. Establishes the waste load allocations for all National Pollutant Dis-
charge Elimination System-permitted point source discharges, load al-
locations for nonpoint source discharges, and the loading capacity of
each of the Sacramento-San Joaquin Delta waterways as defined below:
S = [C(d) / WQO(d)] + [C(c) / WQO(c)] <= 1.0
Where:
S = the sum.
C(d) = diazinon concentration in mcg/L of point source discharge for
the waste load allocations; nonpoint source discharge for the load alloca-
tions; or a Delta waterway for the loading capacity (LC).
C(c) = chlorpyrifos concentration in mcg/L of point source discharge
for the waste load allocations; nonpoint source discharge for the load al-
locations; or a Delta waterway for the LC.
WQO(d) = acute or chronic diazinon water quality objective in micro-
grams per liter.
WQO(c) = acute or chronic chlorpyrifos water quality objective in mi-
crograms per liter.
6. States that the Central Valley Water Board will require any addition-
al reductions in diazinon and chlorpyrifos necessary to account for addi-
tive or synergistic effects to protect tributary waters.
7. Requires dischargers to submit management plans.
8. Requires any waiver of waste discharge requirements or waste dis-
charge requirements to be consistent with the provisions of the imple-
mentation program.
9. Includes estimates of the cost of the program for agriculture.
Monitoring
This amendment requires a monitoring and reporting program for pes-
ticide discharges to determine:
1. Compliance with diazinon and chlorpyrifos water quality objec-
tives, loading capacity and load allocations;
2. Degree of implementation and effectiveness of management prac-
tices to reduce off-site movement of diazinon and chlorpyrifos;
3. Surface water quality impacts of alternatives to diazinon and chlor-
pyrifos;
4. If the pesticide discharges contribute to additive or synergistic ef-
fects of multiple pollutants; and
5. If management practices are achieving the lowest pesticide levels
technically and economically achievable.
History
1. New section summarizing amendments to basin plan filed 8-9-2007; amend-
ments approved by State Water Resources Control Board Resolution No.
2007-0028 on 5-22-2007; amendments approved by OAL pursuant to Govern-
ment Code secfion 11353 on 8-9-2007 (Register 2007, No. 32).
§ 3949.5. Amendment to the Water Quality Control Plan for
the Sacramento River and San Joaquin River
Basins to Determine That Certain Beneficial
Uses Are Not Applicable and Establish Water
Quality Objectives for Mercury in Sulphur
Creek, Colusa County.
On March 16, 2007, the Central Valley Regional Water Quality Con-
trol Board (Central Valley Water Board) adopted Resolufion No.
R5-2007-0021 , amending the Water Quality Control Plan for the Sacra-
mento River and San Joaquin River Basins to modify beneficial uses of
and establish water quality objectives for mercury in Sulphur Creek. The
State Water Resources Control Board (State Water Board) approved the
amendment under Resolution No. 2008-0015, on March 18, 2008.
History
1. New section summarizing amendments to basin plan filed 6-27-2008; amend-
ments approved by the State Water Resources Control Board Resolution No.
2008-001 5 on 3-1 8-2008; amendments approved by OAL pursuant to Govern-
ment Code .secfion 11 353 on 6-27-2008 (Register 2008, No. 26).
Article 6. Lahontan Region
§ 3950. Revised Water Quality Control Plan for the
Lahontan Region.
The revised Water Quality Control Plan for the Lahontan Basin, as
adopted on September 9, 1 993 and subsequenUy amended on October 1 4,
1994, by the Lahontan Regional Water Quality Control Board includes
the regulatory provisions summarized below:
(a) Beneficial Use Definifions: (1) defines "Aquaculture," "Preserva-
tion of Biological Habitats of Special Significance," "Commercial and
Sportfishing," "Flood Peak Attenuation/Flood Water Storage," "Migra-
tion of Aquatic Organisms," "Navigation," "Industrial Process Supply,"
"Spawning, Reproducfion, and Development," and "Water Quality En-
hancement"; (2) revises existing beneficial use definifions for statewide
consistency;
(b) Water Body Class Modifier Definifions: defines "ma'sh," "emer-
gent wefiands," "wet meadow," "play a lakes/wefiands," "slough" and
"vernal pool;"
(c) Surface Waters (1) revises water quality objecfives for ammonia,
coliform bacteria, chemical consfituents, total residual chlorine, dis-
solved oxygen, floafing materials, oil and grease, pesficides, pH, radioac-
tivity, seitleable materials, suspended materials, taste and odor, tempera-
ture, and fisheries management acfivities using rotenone; (2) adds water
quality objecfives for: nondegradafion of aquafic communities and popu-
lafions for wefiands, arsenic, boron, molybdenum aad pH for Honey
Lake; suspended sediment for Lake Tahoe; 12 consfituents for Fallen
Leaf Lake;
(d) Ground Waters: revises water quality objectives lor coliform
bacteria, chemical constituents, radioacfivity, and taste and odor; speci-
fies that objecfives apply at all points;
(e) Compliance with Water Quality Objecfives: (1) specifies that the
most strict objecfives applies; (2) adds directions regarding (A) pollution
and nuisance, (B) taste and odor, (C) human health and toxicity, (D) agri-
culture designations, (E) "natural high quality waters," (F) "10 percent
significance level," (G) "means," "medians," and "90th percentile val-
ues," (H) standard analyfical methods to determine compliance with ob-
jectives, (I) bacterial analyses; (J) acute toxicity, (K) chrcnic toxicity,
and (L) applicafion of narrafive and numerical water quality objecfives
to wetlands;
(f) Waste Discharge Prohibifions: (1) revises and clarifies waste dis-
charge prohibifions; (2) adds exemption criteria for restoration projects;
(3) adds considerafion for reclamafion projects;
(g) Spills, Leaks, Complaint Invesfigafions, and Cleanups: adds risk
assessment criteria for site specific cleanup levels;
(h) Municipal and Domestic Wastewater: ( 1 ) clarifies ccmsiderafions
in establishing discharge requirements; (2) adds control acfions to ad-
dress unlined sewage ponds; (3) adds package treatment jilant criteria
and permitfing requirements; (4) adds criteria for considerafion of pro-
posed reclamafion projects; (5) clarifies reclamation confi"ol measures
for Indian Creek Watershed; (6) revises criteria for individual waste dis-
posal systems; (7) adds factors for evaluafing altemafive individual
waste disposal systems;
(i) Ground Water Protection and Management: (1) City of Bishop:
adds requirements regarding cleanup of ground water polluted by under-
ground storage tanks; (2) adds policy for remediafion of underground
storage tank discharges in hydrogeologic areas other than Bishop;
(j) Mining, Industry and Energy production: revises control measures
for mining and mineral processing; for industrial activifies other than
mining and mineral processing, including measures applicable to the ce-
ment industry, asphalt batch plants, and lumber mills; and for energy pro-
duction, including geothermal operafions, hydroelectric projects, and co-
generafion facilifies;
[The next page is 162.7.]
Page 162.6(d)
Register 2()08, No. 26; 6-27-2008
Title 23
Regional Water Quality Control Boards
§ 3953
(k) Land Development: (1) revises control measures for construction
activities; (2) revises control measures for road construction and mainte-
nance;
(/) Resource Management and Restoration: ( 1 ) adds method for deter-
mining site specific boundaries of wetlands; (2) adds control measures
for wetland protection; (3) adds control actions for livestock grazing; (4)
adds control actions for fisheries protection; (5) revises control measures
for rotenone use in fisheries management; (6) defines "restoration" and
adds control measures for lake/reservoir restoration; (7) adds control
measures for river and stream restoration; (8) adds control measures for
wetland restoration; (9) adds control measures for agricultural chemi-
cals; ( 1 0) adds control measures for confined animal facilities; (11) adds
control measures for aquaculture facilities; (12) adds control measures
for boating and shoreline recreation regarding dredging and underwater
construction, beach creation and replenishment, shorezone protection,
piers, and marinas; (13) adds control measures for golf courses and other
turf areas;
(m) Lake Tahoe Basin: ( I ) incorporates and revises essential standards
and control measures from the Water Quality Management Plan for the
Lake Tahoe Region ("208 Plan," Tahoe Regional Planning Agency
1988) and from the Lake Tahoe Basin Water Quality Plan (State Water
Resources Control Board 1989):
(1) Beneficial Use Definitions: (makes revisions listed in [a] above);
(2) Surface Waters: (A) incorporates and revises water quality objec-
tives from ammonia, coliform bacteria, chemical constituents, total re-
sidual chlorine, dissolved oxygen, floating materials, oil and grease, pes-
ticides, pH, radioactivity, settleable materials, suspended materials, taste
and odor, temperature, and fisheries management activities using rote-
none; (B) incorporates water quality objectives for algal growth poten-
tial, biological indicators, clarity, electrical conductivity, pH, plankton
counts, and transparency; (C) adds water quaUty objectives for: nonde-
gradation of aquatic communities and populations for wetlands; sus-
pended sediment; and, 12 constituents for Fallen Leaf Lake;
(3) Ground Waters: incorporates and revises water quality objectives
for coliform bacteria, chemical constituents, radioactivity, and taste and
odor;
(4) Compliance with Water Quality Objectives: (makes revisions spe-
cified in [e] above);
(5) Discharge Prohibitions: incorporates and revises waste discharge
prohibitions for the Lake Tahoe Hydrologic Unit;
(6) Land Capability and Coverage Limitations: adds provisions on ap-
proval of "man-modified" reclassifications; incorporates provisions on
coverage limitations; adds provisions on excess coverage mitigation,
coverage transfer and coverage relocation;
(7) Remedial Programs and Offset: clarifies existing authority for Re-
gion Board review of substantial modifications to the Tahoe Regional
Planning Agency offset program; adds priority groups of facilities for ob-
taining retrofit of BMPs;
(8) Stormwater Problems and Control Measures: incorporates and re-
vises stormwater effluent limitations;
(9) Stream Zones, Floodplains, Shorezones, and Ground Water: Clari-
fies criteria for identification of a stream environment zone (SEZ), for es-
tablishment of a SEZ setback, for SEZ protection, and SEZ restoration;
adds criteria for SEZ creation; adds control measures for floodplain pro-
tection, shorezone protection, and ground water protection;
(10) Development Restriction: clarifies effect of waste discharge pro-
hibitions on new development; incorporates and revises exemption crite-
ria for: new subdivisions, new development in SEZs or not in accord with
land capability, new development which is not offset by remedial proj-
ects, 100-year floodplains, and development of new piers;
(11) Roads and Rights-of-Way: incorporates and revises control mea-
sures;
( 1 2) Timber Harvest Activities: incorporates and revises control mea-
sures;
(13) Livestock Grazing And Confinement: incorporates control mea-
(14) Outdoor Recreation: incorporates direction for ski area mainte-
nance activities; incorporates and revises controls for piers.
History
1 . Revised plan approved by OAL and effective 3-3 1 -95, pursuant to Government
Code section 1 1353; summary of regulatory provisions filed 3-3 1-95 (Register
95, No. 13).
§ 3951 . Revisions to the Water Quality Control Plan for the
Lahontan Region, as Adopted by the California
Regional Water Quality Control Board,
Lahontan Region on April 21, 1995.
The regulatory provisions included in the adopted amendments are
summarized below:
(a) Waste Discharge Prohibitions: Revises an existing Basin Plan pro-
hibition against the discharge of waste from leaching or percolation
waste disposal systems in the Cady Springs prohibition area. (1 ) Rede-
fines the Cady Springs prohibition area. (2) Adds exemption criteria for
proposed projects in existing land developments. (3) Adds exemption
criteria for proposed projects on new lots.
(b) Waste Quality ObjecUves: Corrects the headings "Tahoe Valley
North" and "Tahoe Valley North Basin" (under the headings "Water
Quality Objectives for Specific Ground Water Basins", and "Water
Quality Objectives for Certain Ground Water Basins") to read "Truckee
River and Little Truckee River HUs".
(c) Timber Harvest: Clarifies that RWQCB regulations apply to all
types of forest management activifies, not only commercial fimber har-
vests. Clarifies the RWQCB' s intent to review and consider use of inno-
vative technology for forest management on steep slopes, as well as in
Stream Environment Zones, in the Lake Tahoe Basin. Makes other minor
clarifications and correcfions in Basin Plan language.
History
1. New section summarizing regulatory provisions filed 8-17-95. Basin Plan revi-
sions as adopted by the Lahontan Regional Water Quality Control Board
4-21-95 per Resolution No. 6-95-54 and approved by the State Water Re-
sources Control Board 6-22-95 per Resolution No. 95-32; approved by OAL
and effective per Government Code section 11353 on 8-14-95 (Register 95,
No. 33).
§ 3952. Removal of the Municipal and Domestic Supply
(MUN) Beneficial Use Designations from Nine
Saline Water Bodies.
On July 1 2, 2000, the Lahontan Regional Water Quality Control Board
adopted Resolution No. 6-00-67 amending the Water Quality Control
Plan for the Lahontan Basin (Basin Plan). The amendment revised the
Basin Plan by removing the Municipal and Domestic Supply (MUN)
beneficial use designafions from nine saline water bodies. The water bo-
dies include Wendel Hot Springs, Amedee Hot Springs, Pales Hot
Springs, Hot Creek, Little Hot Creek, Little Alkali Lake, Keough Hot
Springs, Deep Springs Lake, and Amargosa River.
The amendment removes the MUN designation of these waters from
Table 2-1 in the Basin Plan, and also adds Amedee Hot Springs, Little
Alkali Lake, and Little Hot Creek and their designated beneficial uses,
with the excepfion of MUN, to Table 2-1 . These three water bodies were
previously categorized as "Minor Surface Waters" in the Basin Plan.
History
1 . New section summarizing regulatory changes filed 1 1-27-2001 ; Basin Plan re-
visions approved by the State Water Resources Control Board 9-20-2001 per
resolution 2001-100 were approved by OAL and effective per Government
Codes section 11353 on 11-27-2001 (Register 2001, No. 48).
§ 3953. Basin Plan Amendment Incorporating a Total
Maximum Daily Load (TMDL) and TMDL
Implementation Program to Control Sediment
Loading to Heavenly Valley Creek.
The TMDL' s goal of attaining instream standards is projected to occur
within approximately 20 years after final approval of the TMDLs (202 1 ).
The terms "parameter" and "desired conditions," as used in this
TMDL, are equivalent to the U.S. EPA terms "indicator" and "targets,"
respecfively , as defined in "Guidance for Developing TMDLs in Califor-
nia" January 7, 2000 USEPA, Region 09.
Page 162.7
Register 2006, No. 29; 7-21-2006
§3954
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
The TMDL assigns a loading capacity for total annual instream sedi-
ment loading to Heavenly Valley Creek, measured at the "Property Line"
station near the resort permit boundaries, as 58 tons of sediment per year,
expressed as a five year rolling average.
The TMDL implementation program is based substantially on contin-
uation of existing erosion control and monitoring programs which are be-
ing carried out under an adaptive management approach by the U.S. For-
est Service. Lake Tahoe Basin Management Unit (LTBMU - the
landowner) and the Heavenly Valley Ski Resort (an LTBMU permittee).
The implementation program includes full application of Best Man-
agement Practices to all new and existing disturbed areas within the ski
resort. Specifics of the implementation include the following:
Summary of TMDL Implementation Program
Implementation Measure
Abandon and restore 7.59 acres of existing
unpaved roads
Stabilize 21.10 acres of existing roads which
will remain in use
Restore 1 82 acres of existing ski runs
Maintain BMPs as necessary
Review success of specific BMPs at specific
sites; identify and implement improvements
through adaptive management approach
Conduct a comprehensive review of progress
toward watershed restoration and attainment of
water quality standards and identify needs for
change thiough adaptive management program.
Schedule
Complete by 2006
Complete by 2006
Complete by 2006
Annually
Annually
At five year intervals
beginning in 2000: (first
evaluation report completed
in 2001).
The Lahontan Regional Board will use its existing authority, including
the Lake Tahoe Basin control measures outlined in Chapter 5 of its Basin
Plan, and the three-tier compliance approach (ranging from voluntary
compliance to regulatory action) in the statewide Nonpoint Source Man-
agement Plan, to ensure implementation of the TMDL.
The TMDL Implementation Plan includes the addition of macroin ver-
tebrate community health monitoring, along with a continuation of moni-
toring provisions for suspended sediment concentration and flow and
other parameters.
If progress is not satisfactory at the conclusion of the second
(2005-2006) review. Regional Board staff will evaluate the need for re-
vision of the TMDL and/or the implementation program.
History
1 . New section summarizing amendment to Lahontan Basin Plan filed 8-8-2002;
Basin Plan revisions approved by the State Water Resources Control Board
9-20-2001 pursuant to resolution 2001-101 were approved by OAL and effec-
tive pursuant to Government Code secdon 1 1 353 on 8-8-2002 (Register 2002,
No. 32).
§ 3954. Revisions to the Water Quality Control Plan for the
Lahontan Region, as Adopted by the California
Regional Water Quality Control Board,
Lahontan Region on January 23, 2002.
On July 1 2, 2000, the Lahontan Regional Water Quality Control Board
(LRWQCB) adopted Resolution No. 6-00-66 amending the Water
Quality Control Plan for the Lahontan Basin (Basin Plan). The amend-
ments include both non-regulatory provisions (editorial and procedural
changes) and regulatory provisions. The regulatory provisions of the
amendments are:
(1) Revisions to a regionwide prohibition against discharges of indus-
trial waste to surface waters. The amended language provides that dis-
charges of "industrial process wastes," as defined, may be allowed to sur-
face waters not designated for the Municipal and Domestic Supply
(MUN) beneficial uses, if such discharges comply with General Dis-
charge Limitations and appropriate findings under state and federal anti-
degradation regulations are made. The amendments also add definitions
of "industrial process wastes," "municipal and domestic wastewater,"
and "industry."
(2) Removal of the potential Municipal and Domestic Supply (MUN)
beneficial use designation from ground water within defined topographic
boundaries surrounding Searles Lake, and addition of the Industrial Pro-
cess Supply (PRO) use to ground water beneath the Searhis Lake bed
(Searles Valley ground water basin. Department of Water Resources Ba-
sin No. 52).
History
1. New section sununarizing regulatory changes filed 4-3-2002; Basin Plan revi-
sions approved by the State Water Resources Control Board 1-23-2002 pur-
suant to resolution 2002-0001 were approved by OAL and effective pursuant
to Government Code section 1 1353 on 4-3-2002 (Register 2002, No. 14).
§ 3955. Basin Plan Amendment Incorporating a Total
Maximum Daily Load (TMDL) and TMDL
Implementation Program to Control
Phosphorus Loading to Indian Creek
Reservoir.
The goal of this TMDL is a change from eutrophic to rnesotrophic
conditions, which should provide adequate support for aquatic life and
recreational beneficial uses. Attainment of the numeric target for total
phosphorus (0.02 mg/L as an annual mean concentration in the water col-
umn) is projected to occur within approximately 21 years after final ap-
proval of the TMDL (2024). Attainment of other numeric targets and nar-
rative water quality objectives related to protection of beneficial uses is
also projected to occur by that date.
The TMDL assigns a loading capacity for phosphorus loading to In-
dian Creek Reservoir, as a net annual load of 82 pounds of total phospho-
rus in the water column. Attainment of the loading capacity and numeric
target will require an 87 percent reduction in internal phosphorus loading
from the sediment and a 75 percent reduction in external loading to the
reservoir from the surrounding watershed and the tributary inflow.
The TMDL implementation program will use an adaptive manage-
ment approach. It establishes a process and schedule for selec ion and im-
plementation of specific control measures. Such measures will include
best management practices to control external sources, and in-lake con-
trol methods to control phosphorus loading from the sediment. Examples
of potential in-lake controls include measures to remove phosphorus-
laden sediment, reduce phosphorus release from sediment, and/or in-
crease flushing of phosphorus from the reservoir. Implementation will be
the responsibility of the South Tahoe Public Utility Distric: (STPUD),
which manages the reservoir and its tributary flow; the U.S. Bureau of
Land Management, which owns the watershed contributing surface run-
off to the reservoir; and public and private landowners in ihc watershed
of the tributary inflow.
The Lahontan Regional Board will use its existing authority, including
the three-der compliance approach (ranging from self-determined im-
plementation to regulatory action) in the statewide Nonpoint Source
Management Plan and Rangeland Water QuaHty Management Plan, to
ensure implementation of the TMDL.
The TMDL implementation program includes continued monitoring
of water quality in the reservoir and its tributary inflow, and periodic in-
specfion of BMPs once they have been installed. The adaptive manage-
ment approach includes flexibility for changes in the existing monitoring
program over time.
If progress toward implementation and attainment of TMDL targets
and indicators is not satisfactory at the conclusion of the second compre-
hensive review (in 2013), or if monitoring shows support of beneficial
uses at phosphorus concentrations higher than mandated by the target.
Regional Board staff will evaluate the need for revision of the TMDL
and/or the implementation program.
Specifics of the TMDL implementation program are as follows
Summary of TMDL Implementation Program
Implementation Process
Schedule
Stakeholder group is convened by Regional
Board staff
By 4 months after final
approval ol" TMDL
Regional Board staff and stakeholders
identify specific sites needing BMPs to
control external sources of phosphorus loading
By 1 year after final approval
of TMDL
Page 162.8
Register 2006, No. 2); 7-21-2006
Title 23
Regional Water Quality Control Boards
§ 3959.1
hnpk'iiu'uUttion Process
Schedule
STPUD submits plan for Regional Board
appn)val on proposed action(s) to control
internal phosphorus loading
By 1 5 months after final
approval of TMDL
Progress toward BMP implementation
reviewed; need for Regional Board regulatory
action considered
By 3 years after final approval
of TMDL
Controls for internal and external sources
phosphorus loading are fully implemented
By 2013
Review of monitoring data in relation to
indicators and targets
Ongoing
Comprehensive review of monitoring data and
progress toward implementation and
attainment of targets
At five-yeai- intervals
following final approval of
TMDL ^
Consideration of needs for revisions in TMDL After 201 3
History
1 . New section summarizing regulatory changes filed 4-14-2003; Basin Plan revi-
sions adopted by the Lahontan Regional Board 7-24-2002 and approved by the
State Water Resources Control Board 1-22-2003. Approved by OAL pursuant
to Government Code section 1 1 353 and effective on 4-14-2003 (Register 2003,
No. 16).
§ 3956. Basin Plan Amendment Revising Waste Discharge
Prohibition Exemption Criteria for the Mojave
Hydrologic Unit, San Bernardino County.
Exemptions to regionwide, hydrologic unit, and hydrologic area pro-
hibitions may be granted as specified in Chapter 4. 1 of the Water Quality
Control Plan. Most exemptions are based on a finding by the Regional
Board Executive Officer if so delegated, that the discharge will not result
in exceeding the water quality objectives or unreasonably affect the wa-
ter for its beneficial uses. The Lahontan Regional Water Quality Control
Board (Regional Board) will base this determination on an analysis of the
criteria contained in State Water Resources Control Board Resolution
No. 68-16, the Statement of Policy with Respect to Maintaining High
Quality Waters in California.
This amendment applies to the Mojave Hydrologic Unit for surface
water that is tributary to the West Fork Mojave River or Deep Creek (Pro-
hibition 1), the Silverwood Lake, Deep Creek, and Grass Valley wa-
tersheds (Prohibition 2), and surface waters upstream of the Lower Nar-
rows (Prohibition 4). Language was added to Prohibitions 1 and 2 that
exempts storm water discharges unless such discharges create a contition
of pollution or nuisance. Prohibition 2 now applies to discharge of waste
to land or water.
History
1 . New section summarizing amendments to Basin Plan filed 3-24-2004; amend-
ments adopted by the Lahontan Regional Water Quality Control Board
9-10-2003 per Resolution No. R6V-2003-049. Approved by the State Water
Resources Control Board 1-22-2004 per Resolution No. 2004-0001 ; approved
by OAL and effective 3-24—2004 pursuant to Government Code section 1 1353
(Register 2004, No. 13).
§ 3957. Amendment to Designated Beneficial Uses.
On July 1 4, 2005, the Lahontan Regional Water Quahty Control Board
adopted Resolution No. R6T-2005-0021, amending the Water Quality
Control Plan for the Lahontan Region (Basin Plan). The amendment re-
vised Table 2-1 in Chapter 2 (Beneficial Uses) of the Basin Plan by delet-
ing the Municipal and Domestic Supply (MUN) beneficial use designa-
tion for Owens Lake (Hydrologic Unit No. 603.30).
History
1. New section summarizing amendments to Basin Plan filed 12-20-2005;
amendments adopted by the Lahontan Regional Water Quality Control Board
7-14-2005 per Resolution No. R6T-2005-02 1 . Approved by the State Water
Resources Control Boai'd 10-20-2005 per Resolution No. 2005-0074; ap-
proved by OAL 12-20-2005 pursuant to Government Code section 11353
(Register 2005, No. 51).
§ 3958. Clarifications of Waste Discharge Prohibitions.
On April 12, 2006, the Lahontan Regional Water Quality Control
Board adopted Resolution No. R6T-2006-00 1 5 amending the Water
Quality Control Plan for the Lahontan Region (Basin Plan). The amend-
ments to Chapters 4 and 5 of the Basin Plan clarify that waste discharge
prohibitions in those chapters do not apply to discharges of stormwaler
when wastes in the discharge are controlled through the application of
management practices or other means and the discharge does not cause
a violation of water quahty objectives.
History
1. New section summarizing amendments to basin plan filed 5 1 8-2007; amend-
ments approved by the State Water Resources Control Board Resolution No.
2007-0007 on 2-20-2007; amendments approved by OAL pursuant to Govern-
ment Code section 1 1353 on 5-18-2007 (Register 2007. No. 20).
§ 3959. Establishment of a Total Maximum Daily Load for
Sediment in Squaw Creek, Placer County.
Water Board Resolution No. R6T-2006-0017, adopted on April 13,
2006 by the Lahontan Regional Water Quality Control Board, modified
the Water Quality Control Plan for the Lahontan Region by establishing
a Total Maximum Daily Load (TMDL) to control sediment in Squaw
Creek, Placer County.
The TMDL sets numeric targets which include physical habitat mea-
sures of stream substrate quality (median particle size and percent fines
and sand), and biological parameters that represent desired stream habi-
tat conditions for fish and aquatic invertebrates. The TMDL focuses on
controlling sources of sediment from land use categories identified as
major contributors to excessive in-stream sediment loading. Based on
comparison with reference streams, it is estimated that a 50 percent re-
duction in the controllable sediment loading of 21,800 tons per year
(from the level estimated as of 2001 ) is needed to protect beneficial uses.
The TMDL implementation program is based on continuaUon and im-
provement of existing erosion control and monitoring programs con-
ducted by current permitted discharges. Other individual or general per-
mits will be issued as warranted for construction-related or other
land-disturbing activifies to control sediment discharges to Squaw
Creek.
Implementation monitoring will center on tracking compliance with
existing and proposed regulatory actions, including installation and
maintenance of Best Management Practices to control sediment dis-
charges, with a focus on control of fine sediment. Progress toward meet-
ing the TMDL will be determined through monitoring of the in-stream
physical and biological parameters. The estimated time frame for meet-
ing the numeric targets and achieving the TMDL is 20 years. This esti-
mate takes into consideration the time needed for dischargers to identify
sediment sources, to devise a plan to address those sources, and to fully
implement appropriate sediment controls; and for target indicators to re-
spond to decreased sediment loading. The Lahontan Water Board has
committed to reviewing the TMDL after 10 years to determine if revi-
sions are warranted based on relevant compliance data.
History
1. New section summarizing amendments to basin plan filed 5-1 8-2007; amend-
ments adopted by the Lahontan Region Water Quality Control Board
4-13-2006 by Resolution No. R6T-2006-0017; approved by the State Water
Resources Control Board 2-20-2007 by Resolution No. 2007-0008; amend-
ments approved by OAL pursuant to Government Code section 11353 on
5-18-2007 (Register 2007, No. 20).
§ 3959.1 . Revised Sodium-Related Water Quality
Standards for Surface Waters of the Carson
and Walker River Watersheds.
This amendment to the Water Quality Control Plan for the Lahontan
Region (Basin Plan) revises Chapter 3 (Water Quality Objectives) of the
Basin Plan by:
(1) Deleting water quality objectives for Percent Sodium and related
footnotes from Tables 3-1 4 and 3-1 5 in Chapter 3 (Water Quality Objec-
tives) of the Basin Plan, and
(2) Adding new water quality objectives for Sodium Adsorption Ratio
to Chapter 3 (Water Quality Objectives) of the Basin Plan, applicable to
Page 162.9
Register 2007, No. 48; 11-30-2007
§3960
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
surface waters of the West Fork Carson River, East Fork Carson River,
West Walker River, and East Walker River Hydrologic Units.
History
1 . New section summarizing amendments to basin plan filed 1 1 -30-2007 : amend-
ments approved by State Water Resources Control Board Resolution No.
2007-00.'i6 on 9-1 8-2007: amendments approved by OAL pursuant to Govern-
ment Code section 1 1353 on 1 1-30-2007 (Register 2007. No. 48).
Article 7. Colorado River Basin Region
§ 3960. Water Quality Control Plans.
The following are changes to regulatory provisions in the 1991 Vv'^ater
Quality Control Plan for the Colorado River Basin Region (Basin Plan).
The surface water objectives for temperature, suspended solids, and
settleable solids were changed by removing the words "point source".
These objectives will now apply to nonpoint and point sources. The
waiver for application of the bacteria objective was changed by adding
the word "existing". Consequently, only existing point source discharges
are now eligible for the waiver, while new point source discharges are not
eligible. New language was added that contains numeric objectives for
selenium (0.005 mg/L four-day average, 0.02 mg/L one-hour average)
which apply to all surface water tributaries to the Salton Sea. Further, new
language was added to address: 1. the regulation of sludge applications;
2. storm water pollution; 3. Regional Water Quality Control Board, Colo-
rado River Basin Region's guidelines and the general permit for septic
systems; and 4. the State Water Quality Certification Program.
History
1. New article 7 and section filed 8-3-94; operative 8-3-94. Resolution No.
93-145 adopted by Colorado River Basin Regional Water Quality Control
Boai^d 11-17-93. Resolution No. 94-18 adopted by State Water Resources
Control Boai'd 2-1 7-94. Approved by OAL pursuant to Government Code sec-
tion 1 1353 (Register 94, No. 31).
§ 3961. Establishment of a Total Maximum Daily Load for
Sedimentation/Siltation for the Alamo River.
Regional Board Resolution No. 01-100, adopted on June 27, 2001 , by
the Colorado River Basin Regional Water Quality Control Board, modi-
fied the regulatory provisions of the Water Quality Control Plan for the
Colorado River Basin Region (Basin Plan) by establishing a Total Maxi-
mum Daily Load (TMDL) for sedimentation/siltation in the Alamo Riv-
er. The amendment to the Basin Plan requires the farmers/operators dis-
charging agricultural return flows into the Alamo River and its tributary
drains to implement best management practices to reduce silt/sediment
delivery into the Alamo River, in accordance with a time schedule con-
sisting of four phases. Each phase consists of about a three-year period
with interim silt/sediment load reductions for each phase. Implementa-
tion of the TMDL does not take place until one year after the U.S. Envi-
ronmental Protection Agency approves the TMDL. The amendment also
requires the Imperial Irrigation District to submit and implement a re-
vised drain water quality improvement plan, with a monitoring program,
for the drains discharging into the Alamo River. A net reduction of 47%
of the current sediment/silt load in the Alamo River is required by the
TMDL.
History
1. New section summarizing regulatory changes filed 5-3-2002; Basin Plan revi-
sion approved with partial remand by the State Water Resources Control Board
2-19-2002 per Resolution No. 2002-0037 were approved by OAL and effec-
tive per Government Code section 1 1353 on 5-3-2002, operative as provided
therein (Register 2002, No. 18).
§ 3962. A Total Maximum Daily Load for Pathogens in the
New River.
A Total Maximum Daily Load (TMDL) for pathogens discharged to
the New River was adopted on October 10, 2001 by the Colorado River
Basin Regional Water Quality Control Board (Regional Board). This res-
olution (No. 01-197) modified the Water Quality Control Plan for the
Colorado River Basin Region. The U.S. Environmental Protection
Agency (USEPA) must approve the TMDL.
The New River Pathogens TMDL specifies water quality objectives
to protect the River's beneficial uses, which currently are impaired by
high pathogen levels. Fecal coliforms, E. Coli and enlerococci bacteria
serve as pathogen indicators. The pathogens load is allocated among
point and non-point sources in the New River sub-watersh(id. All U.S.
wastewater treatment plants (WWTPs) within the subt-watershed must
utilize disinfection equipment within 1 year of USEPA approval. TMDL
objectives are to be achieved no later than 3 years after USEPA approval.
Regional Board staff is required to submit reports to tfie Regional
Board that:
( 1 ) Detail compliance with the implementation plan for the TMDL that
specifies responsible parties and time schedules,
(2) Update financial options for implementation measures, and
(3) Detail implementation progress every six months.
The New River Pathogens TMDL will be re-evaluated and revised, if
appropriate, based upon new monitoring data and studies.
History
1 . New section summarizina regulatory provisions of amended basin plan filed
5-23-2002: operative 5-23-2002. Resolution 01-197 adopted by Colorado
River Basin Regional Water Quality Control Board 10-10-2001 . Approved by
OAL pursuant to Government Code section 1 1353 (Register 2002, No. 21 ).
§ 3963. Establishment of a Total Maximum Daily Load for
Sedimentation/Siltation for the New River.
Regional Board Resolution No. R-7-2002-0097, adopted on June 26,
2002, by the Colorado River Basin Regional Water Quality Control
Board, modified the regulatory provisions of the Water Quality Control
Plan for the Colorado River Basin Region by establishing a Total Maxi-
mum Daily Load (TMDL) for sedimentation/siltation in the New River.
The implementation plan requires the farmers/operators in the New Riv-
er Subwatershed to implement best management practices to reduce silt/
sediment delivery into the New River, in accordance with a tirae schedule
consisting of four phases. Each phase consists of about a three-year peri-
od, with interim load reductions for each phase. Implementation does not
take place until one year after U.S. Environmental Protection Agency ap-
proval of the TMDL. It also requires the Imperial Irrigatiors District to
submit and implement a revised drain water quality improvt^ment plan,
with a monitoring program, for the drains discharging into the New Riv-
er. A net reduction of 17% of sediment/silt in the New River is required
by the TMDL.
History
1. New section summarizing regulatory changes filed 1-13-2003; regulatory
changes were approved by OAL pursuant to Government Code section 1 1353
on 1-13-2003 (Register 2003, No. 3).
§ 3964. Prohibition of the Discharge of Individual
Subsurface Wastewater Disposal Systems in
the Cathedral City Cove.
Regional Board Resolution No. 02-184 adopted on November 13,
2002 by the Colorado River Basin Regional Water Quality Control
Board, amends the Water Quality Control Plan to prohibit discharges
from individual subsurface wastewater disposal systems in Cathedral
City Cove, pursuant to CaHfornia Water Code § 13286. The prohibition
takes effect on and after January 1, 2012. Cathedral City is required to
submit to the Regional Board an implementation plan to comply with the
January 1 , 201 2 prohibition date, one year following State Board approv-
al of the subject amendment. Thereafter, the City is shall submit annual
progress reports describing actions taken by the City or any ether person
or entity, to achieve compliance by January 1, 2012.
History
1. New secdon summarizing regulatory changes filed 7-1.5-2003; regulatory
changes were approved by OAL pursuant to Government Code section 1 1353
on 7-15-2003 (Register 2003, No. 29).
§ 3965. Prohibition of Discharge from Septic Tanks on
Parcels that Overlie the Mission Creek or the
Desert Hot Springs Aquifers.
On March 30, 2004, the Colorado River Basin Regional W ater Quality
Control Board (Regional Board), adopted Resolution No.
R7-2004-001 7 amending the Water QuaUty Control Plan for the Colora-
do River Basin Region (Basin Plan). The amendment revised the Basin
Plan by incorporate a prohibition of discharge of waste frorr. existing or
Page 162.10
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Title 23
Regional Water Quality Control Boards
§3971
new individual disposal systems on percels of less than one-half acre that
overlie the Mission Creek or the Desert Hot Springs aquifers if a sewer
is available. The regulatory provisions are added to Chapter 4 of the Wa-
ter Quality Control Plan.
Section 1 328 1 (b) of the California Water Code requires the Regional
Board to prohibit the discharge of waste from individual disposal sys-
tems (or septic tanks) on parcels less than one-half acre that overly the
Mission Creek or Desert Hot Springs Aquifers in Riverside County,
California, if a sewer system is available within two hundred feet. For
parcels of one-half acre or greater, septic systems are limited to two per
acre if a sewer system is available, and discharge of waste from additional
or existing septic systems is prohibited. This amendment implements this
section of the California Water Code by incorporating this language into
the Basin Plan and further requires the Mission Creek Water District to
submit a report to the Regional Board describing actions taken to imple-
ment the subject prohibition.
History
1 . New section summarizing amendments to Basin Plan filed 1-21-2005; amend-
ments adopted by the Colorado River Basin Regional Water Quality Control
Board 3-30-2004 per Resolution No. R7-2004-0017. Approved by the State
Water Resources Control Board 1 2-9-2004 per Resolution No. 2004-0077 ; ap-
proved by OAL and effective 1-2 1-2005 pursuant to Government Code section
1 1353 (Register 2005, No. 3).
§ 3966. Total Maximum Daily Load for
Sedimentation/Siltation for the Niland 2, P, and
Pumice Imperial Valley Drains and
Implementation Plan.
On January 1 9, 2005, the Colorado River Basin Regional Water Quali-
ty Control Board (Colorado River Basin Water Board) adopted Resolu-
tion No. R7-2005-0006 to modify the regulatory provisions of the Water
Quality Control Plan for the Colorado River Basin Region by establish-
ing: ( 1 ) a Total Maximum Daily Load (TMDL) for sedimentation/silt-
ation in the Imperial Valley Drains: Niland 2, P. and Pumice Drains, and
Implementation Plan, (2) an implementation plan for all Imperial Valley
drains that empty directly into the Salton Sea, and (3) a prohibition for
discharge of silt-laden tail water into the Imperial Valley, including the
Imperial Valley drains, New River, and Alamo River.
A net reduction of about 51 percent of sediment/silt in the Niland 2,
P, and Pumice drains is required. The implementation plan requires farm
landowners, renters/lessees, and operators/growers to implement man-
agement practices to reduce silt/sediment delivery into all drains that
empty directly into the Salton Sea, in accordance with a time schedule
consisting of four phases. Each phase consists of a two- or three-year pe-
riod, with interim load reductions for each phase. The first implementa-
tion provisions begin three months after U.S. Environmental Protection
Agency (USEPA) approval of the TMDL. The implementation plan also
requires the Imperial Irrigation District to submit and maintain com-
pliance with a revised Drain Water Quality Improvement Plan, to begin
six months after USEPA approval of the TMDL.
The prohibition begins three months after USEPA approval of the
TMDL and establishes that direct or indirect discharge of sediment will
be prohibited unless the discharger is in compliance with applicable sedi-
mentation/siltation TMDLs, has a monitoring program approved by the
Colorado River Basin Water Board's Executive Officer, or is covered by
Waste Discharge Requirements (WDRs) or a Waiver of WDRs.
History
1 . New section summarizing amendments to Basin Plan filed 9-8-2005; amend-
ments adopted by the Colorado River Basin Regional Water Quality Control
Board 1-1 9-2005 pursuant to Resolution No. R7-2005-0006. Approved by the
State Water Resources Control Board 7-21-2005 pursuant to Resolution No.
2005-0059. Approved by OAL 9-8-2005 and operative 9-8-2005 pursuant to
Government Code section 11353 (Register 2005, No. 36).
§ 3967. Total Maximum Daily Load and Implementation
Plan for Trash in the New River at the
International Boundary, Imperial County,
CafifornJa.
Resolution No. R7-2006-0047, adopted on June 2 1 , 2006, by the Col-
orado River Basin Regional Water Quality Control Board, modified the
regulatory provisions of the Water Quality Control Plan for the Colorado
River Basin Region by establishing a Total Maximum Daily Load
(TMDL) and Implementation Plan for trash in the New River at the In-
ternational Boundary, Imperial County, California. The current trash
load of the New River is impairing the following beneficial uses: warm
freshwater habitat (WARM); wildlife habitat (WILD); preservation or
rare, threatened, and endangered species (RARE); water contact recre-
ation (REC 1 ); non-contact water recreation (REC 2); and freshwater re-
plenishment (FRSH). Water quality objectives are not being met in the
New River due in pait to illegal dumping and littering into the New River
and its tributary drains in Mexicali, Mexico, which adversely impacts
beneficial uses. Trash has an impact on the water column that may extend
to the New River's terminus at the Salton Sea because trash may carry
or leach other pollutants (e.g., pathogens. VOCs, and metals), thus caus-
ing water quality impacts.
The TMDL Implementation Plan consists of two phases, and uses an
interim numeric target to assess compliance progress. Phase I calls for a
75 percent trash reduction within two years of United States Environ-
mental Protection Agency (USEPA) approval of the TMDL. Phase II
calls for a 100 percent trash reduction within three years of USEPA ap-
proval of the TMDL. Third party cooperating agencies are requested to
complete implementation tasks within specified timeframes, including
signing a Memorandum of Understanding, forming a coordination com-
mittee, and submitting semiannual progress reports.
History
1. New section filed 8-2-2007; operative 8-2-2007 pursuant to Government
Code section 11 353 (Register 2007, No. 31).
Article 8. Santa Ana Region
§ 3970. Exemption Criteria for Septic Systems Prohibition.
This amendment to the Water Quality Control Plan for the Santa Ana
Region (Basin Plan) revises the requirements and exemption criteria for
use of septic tank subsurface disposal systems on lots smaller than one-
half acre, set forth in an earlier amendment. Specifically, this amendment
(1) clarifies the calculation of gross project area, (2) clarifies the defini-
tion of new development, (3) allows for replacement of outdated sys-
tems, (4) establishes flow rates for commercial and industrial facilities.
(5) sets minimum distances from the nearest sewer in the exemption cri-
teria, (6) establishes an off-set program, and (7) provides for review of
alternative treatment technologies.
History
1. New article 8 and section filed 6-23-94; operative 6-23-94. Resolution No.
93-40 adopted by Santa Ana Regional Water Quality Control Board 7-16-93.
Resolution No. 93-95 adopted by State Water Resources Control Board
9-23-93. Approved by OAL pursuant to Government Code section 11353
(Register 94, No. 25).
§ 3971 . Revised Water Quality Control Plan.
The revised Water Quality Control Plan for the Santa Ana Region, as
adopted March 11,1 994, by the Santa Ana Regional Water Quality Con-
trol Board includes the regulatory provisions summarized below:
(a) Beneficial Use Definitions: define "Esmarine Habitat" and "Lim-
ited Warm Freshwater Habitat" and revise existing beneficial use defini-
tions for statewide consistency;
(b) Water Body Type Definitions: define "enclosed bays and estu-
aries" and "wetlands," revise definition of "inland surface waters" to in-
clude wetlands;
(c) Enclosed Bays and Estuaries: ( 1 ) add a narrative objective for non-
degradafion; (2) amend the narrafive objecfives for algae, chlorine, color,
floatables, oil and grease, dissolved oxygen, solids, taste and odor, toxic
substances, and turbidity;
(d) Inland Surface Waters: (1) add a narrafive objecdve for non-degra-
dafion; (2) amend the narrafive objecfives for algae, boron, chemical ox-
ygen demand, chloride, odor, total dissolved solids (TDS), floatables,
hardness, methylene blue-acfivated substances, oil and grease, taste and
odor, and toxic substances; (3) add numeric water quality objectives for
uranium, and turbidity; (4) revise the numeric water quality objecfives
for un-ionized ammonia, fluoride, methylene blue-active substances.
Page 162.11
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§3971 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 23
and pH; (5) reach 2 of the San Jacinto River (Canyon Lake): Clarify water ty objectives for TDS. hardness, sodium, chloride, nitrate nitrogen, and
quality objectives; sulfates; (5) upper unconfined La Habra ground water subbcsin: add nu-
(e) Santa Ana River System: add site-specific water quality objectives meric objective for TDS, chloride, sulfate, and boron;
for cadmium, copper, lead, and un-ionized ammonia; (g) Total Dissolved Solids for Santa Ana River: establish a process to
(f) Ground Waters: (1) amend narrative objectives for coliform achieve effective compliance with TDS limits for discharges to water bo-
bacteria, barium, boron, cyanide, total dissolved solids, fluoride, hard- dies without assimilative capacity;
ness. methylene blue-activated substances, oil and grease, and taste and (h) Chino Basin Animal Confinement Facilities (including dairies):
odor; (2) add numeric water quality objectives for color, copper, pH, and add requirements for manure tracking, groundwater monitoring, engine-
uranium; (4) Big Bear Valley ground water subbasin: revise water quali-
[The next page is 163.]
Page 162.12 Register 2007, No. 48; 11-30-2007
Title 23
Regional Water Quality Control Boards
§ 3976
ered waste management planning, and offset programs in lieu of dis-
charge prohibitions for manure and washwater;
(i) Waste Discharge Prohibitions: amend prohibitions applying to all
waters, to inland surface waters, and to ground waters; add prohibitions
applying to enclosed bays and estuaries;
(j) Waste Discharge Permits: define "Practical Quantification Level";
provide for use of Practical Quantification Levels in establishing waste
discharge limits.
History
1 . New section filed 1-24-95; operative 1-24-95 (Register 95, No. 4). Regulatory
provisions approved per Government Code section 1 1353. Summary filed with
Secretary of State.
§ 3972. "Revision of Bacterial Water Quality Objectives for
Ocean Waters."
Regional Board Resolution No. 97-20, adopted on April 18, 1997, by
the Santa Ana Regional Water Quality Control Board (S ARWQCB), mo-
dified the regulatory provisions of the Water Quality Control Plan for the
Santa Ana River Basin by deleting ocean water bacterial objectives for
water contact recreation and shellfish harvesting and continuing to incor-
porate by reference the objectives contained in the Water Quality Control
Plan for Ocean Waters (Ocean Plan).
History
1. New section filed 10-14-97; operative 10-14-97. Revisions adopted by the
Santa Ana Regional Water Quality Control Board (Resolution No. 97-20) on
4-18-97; approved by State Water Resources Control Board (Resolution No.
97-66); approved by OAL and effective per Government Code section 11 353
(Register 97, No. 42).
§ 3973. Establishment of a Total Maximum Daily Load for
Sediment in the Newport Bay/San Diego Creek
Watershed.
Regional Board Resolution 98-69, adopted on April 1 7, 1 998, and Re-
gional Board Resolution No. 98-101, adopted on October 9, 1998, by the
Santa Ana Regional Water Quality Control Board (SARWQCB), modi-
fied the regulatory provisions of the Water Quality Control Plan for the
Santa Ana Region by establishing a Total Maximum Daily Load
(TMDL) for sediment discharged in the Newport Bay (Bay)/San Diego
Creek watershed (Watershed). Phase 1 of the TMDL provides: (1) quan-
tifiable targets for sediment deposition in Upper Newport Bay and the an-
nual sediment load entering the Watershed; (2) load allocations for sedi-
ment discharged from specific land uses in the Watershed; (3)
allowances for waivers of waste discharge requirements for maintenance
dredging of flood control channels and for drainage channelization and
stabilizadon projects under specified conditions; (4) requirements for
sediment control measures to reduce dredging frequency of in-Bay sedi-
ment basins; and (5) maintenance requirements for in-channel and foot-
hill sediment basins. Phase 2 of the TMDL provides specific monitoring
requirements and methods for reassessment of the TMDL and specifies
that required monitoring plans be approved by the SARWQCB at a duly
noticed public hearing as per Chapter 1 .5, Division 3, Title 23 of the Cali-
fornia Code of Regulations (Section 647 et seq.).
History
1. New section filed 2-2-99; amendments approved by OAL and effective per
Government Code section 11353 on 2-2-99 (Register 99, No. 6).
§ 3974. Establishment of a Total Maximum Daily Load for
Nutrients in the Newport Bay/San Diego Creek
Watershed.
Regional Board Resolution Nos. 98-09 and 98-100, adopted by the
Santa Ana Regional Water Quality Control Board (SARWQCB) on
April 17, 1998, and October 9, 1998, respectively, modified the regulato-
ry provisions of the Water Quality Control Plan for the Santa Ana Region
by establishing a total maximum daily load (TMDL) for nutrients (e.g.;
nitrogen and phosphorous) discharged in the Newport Bay/San Diego
Creek watershed (Watershed). The TMDL specifies daily, seasonal, and/
or annual targets and specific land use load allocations for nutrients in the
Watershed and total nitrogen load allocations for San Diego Creek
(Reach 2). Phase 1 of the TMDL provides compliance schedules for: (1)
review and revision of water quality objectives, (2) establishment of new
waste discharge requirements, (3) revision of existing waste discharge
requirements, (4) establishment of a nutrient management program for
agricultural activities, and (5) co-permittees of the urban stormwater
permit to submit: (a) an analysis of best management practices (BMPs)
to achieve short-term (5-year) interim targets and final nutrient load re-
duction targets through the Drainage Area Management Plan (DAMP)
and (b) a proposal for evaluating the effectiveness of implemented, con-
trol actions and compliance with nutrient load allocations. The sediment
TMDL is incorporated by reference as the implementation plan for
achieving the phosphorus loading reduction specified in the nutrient
TMDL. Phase 2 of the TMDL provides specific monitoring requirements
and methods for reassessment of the TMDL. Programs and activities re-
quired by the TMDL must be approved by the SARWQCB at a duly not-
iced public hearing as per Chapter 1.5, Division 3, Titie 23 of the Califor-
nia Code of Regulations (Section 647 et seq.). These programs and
activities are: (1) the agricultural nutrient management plan; (2) the pro-
posal and analysis of BMPs to be implemented through the DAMP; and
(3) the Phase 2 regional monitoring program.
History
1. New section filed 2-10-99; basin plan amendment regulatory provisions ap-
proved by OAL and effective 2-10-99 pursuant to Government Code section
11353(Register99, No. 7).
§ 3975. Establishment of a Total Maximum Daily Load for
Fecal Coliform Bacteria in the Newport Bay.
Regional Board Resolution No. 99-10, adopted on April 9, 1999, by
the Santa Ana Regional Water Quality Control Board (SARWQCB ), mo-
dified the regulatory provisions of the Water Quality Control Plan for the
Santa Ana Region by establishing a Total Maximum Daily Load
(TMDL) for fecal coliform bacteria discharged in the Newport Bay. The
TMDL addresses impairment due to pathogens in Newport Bay in a pri-
oritized, phased approach. Compliance with objectives to protect water
contact recreation are to be achieved no later than 14 years after State ap-
proval of the TMDL; objectives to protect shellfish harvesting are to be
met no later than 20 years after State approval of the TMDL. Concentra-
tion-based allocations are assigned for vessel waste, urban runoff, natu-
ral sources, and agricultural runoff. The TMDL will be reevaluated and
revised, if appropriate, based on monitoring results and relevant studies.
These studies include source identification and characterization, devel-
opment of a bacterial water quality model, a shellfish harvesting and a
water contact recreation beneficial use assessment, and evaluation of a
vessel waste program. Revision of the TMDL would be considered
through the Basin Plan amendment process. Upon completion and con-
sideration of studies and any appropriate Basin Plan amendment, the Re-
gional Board shall adopt a plan for achieving the targets. This plan will
use a phased compliance approach with priorities and compliance sched-
ules assigned based on the use and area affected and the nature, magni-
tude, and timing of violations. The fecal coliform TMDL contains an im-
plicitiy incorporated margin of safety by not applying adjustments for
dilution, natural die-off, and tidal flushing.
History
I. New section filed 12-24-99; water quality control plan amendments approved
by OAL and effective 12-24-99 pursuant to Government Code section 1 1353
(Register 99, No. 52).
§ 3976. Basin Plan Amendment Authorizing Schedules of
Compliance in NPDES Permits.
On May 19, 2000, the Santa Ana Regional Water Quality Control
Board (Santa Ana Regional Board) adopted Resolution No. 00-27
amending the Basin Plan to incorporate language that explicitly autho-
rizes the Santa Ana Regional Board to include schedules of compliance
in National Pollutant Discharge EUmination System permits for effluent
limitations that implement water quality objectives or criteria that are
adopted, revised, or newly interpreted after this Basin Plan amendment
becomes effective. The amendment requires that dischargers requesting
such a schedule(s) of compliance submit documentation that is to be jus-
tified and as short as possible. The amendment identifies the minimum
documentation that is to be submitted and stipulates that the Santa Ana
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§3977
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
Regional Board may require additional documentation on a case-by-
case basis. The amendment also stipulates that any approved compliance
schedule shall not exceed ten years Irom the date of adoption or inter-
pretation of the applicable water quality objective or criterion.
History
1 . New section filed 6-28-2001 ; basin plan amendment regulatory provisions ap-
proved by OAL and effective 6-28-2001 pursuant to Government Code section
11353(b)(3) (Register 2001, No. 26).
§ 3977. Resolution No. R8-2003-0039 — Amending the
Water Quality Control Plan (Basin Plan) for the
Santa Ana Region To Include a Total Maximum
Daily Load (TMDL) for Chlorpyrifos and
Diazinon in San Diego Creek and Upper
Newport Bay.
Regional Board Resolution No. R8-2003-0039, adopted on April 4,
2003 by the Santa Ana Regional Water Quality Control Board, modified
the regulatory provisions of the Water Quality Control Plan [Basin Plan]
for the Santa Ana Region by establishing a TMDL for chlorpyrifos in Up-
per Newport Bay and diazinon and chlorpyrifos in San Diego Creek.
The amendment addresses water quality impairment due to aquatic
toxicity caused by the presence of diazinon and chlorpyrifos in runoff to
San Diego Creek and Upper Newport Bay. The amendment establishes
load and wasteload allocations for San Diego Creek as listed in Table 1 .
Table 1 : Load and Wasteload Allocations for San Dieeo Creek
Diazinon (ng/L)
Acute
72
Chronic
45
Chlorpyrifos (ng/L)
Acute Chronic
18 12.6
The amendment establishes load and wasteload allocations for Upper
Newport Bay as listed in Table 2. These apply to chlorpyrifos only.
Table 2: Chlorpyrifos Load and Wasteload Allocations for Upper
Newport Bay
Acute (ng/L)
18
Chronic (ng/L)
8.1
The amendment includes an implementation plan that specifies
completion of the following four tasks by stakeholders in the watershed
and by the Regional Board:
( 1 ) Revision of WDR and NPDES discharge permits to include the
TMDL allocations;
(2) Implementation of monitoring program by the stakeholders in the
watershed for diazinon and chlorpyrifos;
(3) Development of a pesticide runoff management plan by the Re-
gional Board and the stakeholders in the watershed;
(4) Special Studies: the Regional Board will lead studies into the sig-
nificance of chlorpyrifos atmospheric deposition for Upper Newport Bay
and the adequacy of the freshwater allocations for San Diego Creek to
protect Upper Newport Bay.
History
1. New section filed 1-5-2004; basin plan amendment regulatory provisions ap-
proved by OAL and effecfive 1-5-2004 pursuant to Government Code secdon
1 1353(b)(3) (Register 2004, No. 2).
§ 3978. Summary of Regulatory Provisions — Basin Plan
Amendment Revising the Total Dissolved
Solids and Nitrate-Nitrogen Management Plan
for the Santa Ana Region. Regional Board
Resolution No. R8-2004-0001 .
This Basin Plan amendment establishes revised boundaries for
groundwater management zones (formerly termed groundwater "subba-
sins") throughout the Santa Ana Regional Water Quality Control Board.
For each of the new management zones, this amendment identifies exist-
ing and potential beneficial use designations, and total dissolved solids
(TDS) and nitrate-nitrogen water quality objectives based on historical
water quality ("antidegradation" objectives). For certain management
zones, this amendment establishes a second set of TDS and nitrate-nitro-
gen objectives. This second, less stringent set of objectives is based on
the finding that water quality consistent with "maximum benefit to the
people of the State" will be maintained (the "maximum benefit" objec-
tives), provided that specific water and wastewater projects and pro-
grams are implemented. These project and program commitments are de-
lineated in the revised Implementation Plan in the Basin Plan amendment
(see below). The "maximum benefit" objectives apply unless the Re-
gional Board finds that the maximum benefit project and program com-
mitments are not being implemented and that the finding of maximum
benefit cannot continue to be made. In that case, the "antidegradation"
objectives would apply. To address this situation, the amendment speci-
fies that mitigation for TDS and nitrate-nitrogen discharges in excess of
discharge limitations based on the antidegradation objectives will be re-
quired. The amendment also revises the narrative water quality objec-
tives for chloride, TDS, hardness, sodium, and sulfate applicable to
groundwater.
The Basin Plan amendment establishes revised reach bou idaries and
revised numeric TDS and nitrate-nitrogen water quality objectives for
the following surface water bodies: San Timoteo Creek, Chino Creek and
Temescal Creek. For San Timoteo Creek, Reach 1 A, the groundwater re-
charge designated use is deleted. No other changes to the beneficial use
designations for these surface waters are included in the anK^ndment.
The amendment establishes the Prado Basin Management Zone as a
surface water feature. Beneficial uses and surface water quality objec-
dves already established for the major tributary streams in the Prado Ba-
sin Management Zone apply for regulatory purposes.
This Basin Plan amendment incorporates revisions to the TDS and Ni-
trogen Implementafion Plan, including the following provisions: revised
wasteload allocafions for Publicly Owned Treatment Works discharges
of nitrogen and TDS to the Santa Ana River and tributaries; revised find-
ings regarding nitrogen and TDS assimilafive capacity in the new
groundwater management zones; findings regarding nitrogen loss coeffi-
cients and their implementation in waste discharge requireme its; special
considerauons for salt management of subsurface disposal system dis-
charges; and monitoring program requirements.
For the agencies and dischargers that are implemendng the "maximum
benefit" TDS and nitrate-nitrogen objecfives, the amendment specifies
compliance dates for the implementation of certain projects and pro-
grams. The amendment also includes requirements for implemendng salt
reduction programs when management zone TDS and'or nitrate-nitro-
gen reach specified concentrafion trigger points. Finally, witi regard to
the implementadon of the "maximum benefit" objecdves, the amend-
ment specifies that if the Regional Board determines that the agencies/
dischargers have not complied with the specified requirements for imple-
mentation of projects/programs, the Regional Board, at a dr ly noticed
public meeting, would make the determination that the lowering of water
quality is not of "maximum benefit" to the people of the State and by de-
fault, the TDS and nitrate-nitrogen historical "anddegradation" objec-
dves would apply. The Basin Plan amendment specifies that iri this situa-
tion, the Regional Board will require mitigation for TDS and
nitrate-nitrogen discharges in excess of waste discharge iimitadons
based on the antidegradation objectives.
History
1 . New section summarizing amendments to the Water Quality Plan for the Santa
Ana River Basin filed 1 2-23-2004; amendments adopted by Santa /vna Region-
al Water Quality Control Board Resolution No. R8-2004-0001 1-22-2004; re-
vised by Executive Officer Memo 7-12-2004; approved by State Water Re-
sources Control Board Resolution No. 2004-0060 9-30-2004; approved by
OAL pursuant to Government Code section 11353 and operative 12-23-2004
(Register 2004, No. 52).
§ 3979. Establish Nutrient Total Maximum Daily Loads
(TMDLs) for Lake Elsinore and Canyon Lake in
the Water Quality Control Plan (Basin Plan) for
the Santa Ana Region.
On December 20, 2004, the Santa Ana Regional Water Quality Con-
ti-ol Board adopted Resolution No. R8-2004-0037 to amend Chapter 5
of the Basin Plan to incorporate a nutrient TMDL for the control of nitro-
gen and phosphorus as factors contributing to the excessive algae growth
and low dissolved oxygen in Lake Elsinore and Canyon Lake. The
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Title 23
Regional Water Quality Control Boards
§3980
•
•
TMDL is intended to achieve compliance with existing Basin Plan water
quality objectives to prevent excessive algae growth and low dissolved
oxygen. The Basin Plan amendment specifies final numeric targets for
tt)tal phosphorus and total nitrogen for both Lake Elsinore and Canyon
Lake and also specifies interim and final numeric targets for chlorophyll
a and dissolved oxygen for both lakes. Monitoring these parameters will
provide a method of tracking improvements in water quality resulting
from reduction in the loading of nitrogen and phosphorus.
The Basin Plan amendment specifies final TMDL wasteload alloca-
tions for point source discharges and load allocations for nonpoint source
discharges for total nitrogen and total phosphorus for both Lake Elsinore
and Canyon Lake. Finally, the Basin Plan amendment specifies an imple-
mentation plan for nutrient reduction in both lakes, which includes com-
pliance schedules to meet interim numeric targets as soon as possible, but
not later than 2015, and the final numeric targets by 2020, as well as a
monitoring program to track progress toward compliance.
The amendment includes a brief description of the Lake Elsinore/San
Jacinto watershed and the existing conditions contributing to water quali-
ty eutrophication problems. Lake Elsinore and Canyon Lake nutrient
TMDL numeric targets, load capacity (nutrient TMDLs), wasteload al-
locations, load allocations, implementation tasks, and compliance dates,
margin of safety, plus seasonal variations/critical conditions are dis-
cussed.
History
1 . New section summarizing amendments to the Water Quality Plan for the Santa
Ana River Basin filed 7-22-2005; amendments adopted by Santa Ana Regional
Water Quality Control Board Resolution No. R8-2004-0037 12-20-2004; ap-
proved by OAL pursuant to Government Code section 11353 and operative
7-22-2005 (Register 2005, No. 29).
§ 3979.1 . Basin Plan Amendment Establishing Total
Maximum Daily Loads for Bacterial Indicators
in the Middle Santa Ana River Watershed.
The Basin Plan amendment modifies the regulatory provisions of the
Water Quality Control Plan for the Santa Ana Region by establishing To-
tal Maximum Daily Loads (TMDLs) for bacterial indicators discharged
to impaired water bodies in the Middle Santa Ana River watershed, in-
cluding the Santa Ana River, Reach 3; Chino Creek, Reaches 1 and 2;
Mill Creek (Prado Area); Cucamonga Creek (Valley Reach); and Prado
Park Lake. The TMDLs address impairment due to bacterial indicators
in the Middle Santa Ana River watershed in a prioritized phased ap-
proach. Compliance with objectives to protect water contact recreation
are to be achieved no later than December 3 1 , 20 1 5 during the dry season
and no later than December 3 1 , 2025 during the wet season. Density-
based allocations are assigned for urban discharges, agricultural dis-
charges, and natural or open space discharges. These allocations are ex-
pected to be implemented through requirements imposed by the Santa
Ana Regional Water Quality Control Board in waste discharge require-
ments and/or conditional waivers of waste discharge requirements. The
TMDLs will be re-evaluated and revised, if appropriate, based on moni-
toring results and relevant studies required by the TMDL implementation
plan. These studies include source evaluation and characterization, wa-
tershed-wide water quality monitoring, water contact recreation benefi-
cial use assessments, and alternative bacterial indicator evaluations.
Based on the results of these investigations, plans for achieving the
TMDLs are to be developed by the stakeholders. Revision of the TMDLs
would occur through the Basin Plan amendment process.
History
1. New section filed 9-1-2006; operative 9-1-2006. Revisions adopted by the
Santa Ana Regional Water Quality Control Board (Resolution No.
R8-2005-0001) on 8-26-2005: approved by State Water Resources Control
Board (Resolution No. 2006-0030) on 5-15-2006; approved by OAL and ef-
fective per Government Code section 11353 (Register 2006, No. 35).
§ 3979.2. Nutrient Total Maximum Daily Load for Dry
Hydrologicai Conditions for Big Bear Lake.
Santa Ana Regional Water Quality Control Board (Regional Board)
Resolution No. RB 8-2006-0023, adopted on April 21, 2006 by the Re-
gional Board, modified the regulatory provisions of the Water Quality
Control Plan for the Santa Ana Region (Basin Plan) by establishing a nu-
trient Total Maximum Daily Load (TMDL) for dry hydrologicai condi-
tions for Big Bear Lake. The TMDL addresses impairment due to nutri-
ents in Big Bear Lake in a phased approach. The Basin Plan specifies
numeric total phosphorus and total inorganic nitrogen water quality ob-
jectives. However, due to data and analytical model limitations, it is in-
feasible to identify an appropriate and achievable nitrogen TMDL, tar-
gets and wasteload and load allocations at this rime. The Basin Plan
amendment requires the collection and evaluation of nitrogen data that
will support future revision of the TMDL, if and as necessary. Com-
pliance with objectives to protect cold and warm freshwater habitat, wa-
ter contact and non-contact recreation, wildlife habitat, and rare, threat-
ened, or endangered species are to be achieved no later than December
31, 2015 for dry hydrologicai condiuons. Wasteload allocations are as-
signed for urban discharges, and load allocations are assigned for dis-
charges from forests, resorts, atmospheric deposition, internal sedi-
ments, and macrophytes. The TMDL will be re-evaluated and revised,
if appropriate, based on monitoring results and relevant studies. These
studies include source evaluation and characterization, development of
a lake management plan, watershed-wide and lakewide water quality
monitoring, development/revision of a nutrient watershed and lake mod-
el and development of average/wet hydrologicai wasteload and load al-
locations. Revision of the TMDL, including compliance dates for all oth-
er hydrologicai conditions, would be considered through the Basin Plan
amendment process. Upon completion and consideration of studies and
any appropriate Basin Plan amendment, a plan or plans will be estab-
Hshed for achieving the targets.
History
1. New section summarizing amendments to basin plan filed 8-21-2007; amend-
ments approved by State Water Resources Control Board Resolution No.
2007-0013 on 4-3-2007; amendments approved by OAL pursuant to Govern-
ment Code section 11 353 on 8-21-2007 (Register 2007, No. 34).
§ 3979.3. Phased Waste Discharge Prohibition on the Use
of Onsite Septic Tank-Subsurface Disposal
Systems in the Quail Valley Area of Riverside
County.
This amendment to the Water Quality Control Plan for the Santa Ana
River Basin (Basin Plan) revises Chapter 5, Waste Discharge Prohibi-
tions, Section D, "Prohibifions Applying to Groundwaters" in the Basin
Plan per Resolution No. R8-2006-0024 of the Regional Water Quality
Control Board, Santa Ana Region. The regulatory provisions in the Basin
Plan are modified by establishing a phased waste discharge prohibition
on the use of septic tank-subsurface disposal systems (septic systems) in
the Quail Valley area of Riverside County. Currently, the Basin Plan has
a prohibition on the use of septic systems for a number of locations within
the Region. This Basin Plan amendment phases in the Quail Valley area
to the list of areas where septic systems are prohibited.
The Basin Plan amendment prohibits the use of new septic systems in
high density areas (sub areas four and nine) upon the effective date of the
Resolution and requires all existing septic systems to connect to the sew-
er within one year of availability of sewers. However, it does not prohibit
septic systems in areas where sewers are not feasible (low density areas).
History
1. New section summarizing amendments to basin plan filed 8-20-2007; amend-
ments adopted by Santa Ana Regional Water Quality Control Board Resolution
No. R8-2006-0024 on 10-3-2006; amendments approved by State Water Re-
sources Control Board Resolution No. 2007-0038 on 6-19-2007; amendments
approved by OAL pursuant to Government Code section 1 1 353 on 8-20-2007
(Register 2007, No. 34).
Article 9. San Diego Region
§ 3980. Escondido Hydrologic Subarea, Amendment.
This amendment to the Comprehensive Water Quality Control Plan
for the San Diego Region (Basin Plan) relaxes the ground water quality
objectives for total dissolved solids (TDS) from 750 milligrams per liter
(mg/1) to 1,000 mg/1 and for sulfate from 300 mg/1 to 400 mg/1 in the Es-
condido Hydrologic Subarea (HSA) (HSA 4.62).
Page 165
Register 2007, No. 34; 8-24-2007
§3981
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
History
1 . New chapter 1 , article 9 and section filed 5-5-94; operative 5-5-94. Resolution
No. 93-02 adopted by San Diego Regional Water Quality Control Board
2-1-93. Resolution No. 93-51 adopted by State Water Resources Control
Board 5-20-93. Approved by OAL pursuant to Government Code section
11 353 (Register 94, No. 18).
§ 3981. Total Dissolved Solids and Boron Groundwater
Quality Objectives for the Pauba and Wolf
Hydrologic Subareas.
Resolution No. 94-09 of the California Water Quality Control Board,
San Diego Region, "A Resolution Adopting Amendments to the Com-
prehensive Water Quality Control Plan for the San Diego Region, Por-
tions of the Pauba (2.51) and Wolf (2.52) Hydrologic Subareas", relaxed
the ground water quality objectives for total dissolved sohds and boron
in the downstream portions of Pauba (2.5 1 ) and Wolf (2.52) Hydrologic
Subareas to 750 mg/1 for total dissolved solids and 0.75 mg/1 for boron.
History
1. New section filed 8-16-94; operative 8-16-94. Resolution No. 94-09 adopted
by San Diego Regional Water Quality Control Board 2-10-94. Resolution No.
94-45 adopted by State Water Resources Control Board 5-1 8-94. Approved by
OAL pursuant to Government Code section 1 1353 (Register 94, No. 33).
§ 3982. Beneficial Uses and Ground Water Quality
Objectives.
The following are changes to the Comprehensive Water Quality Con-
trol Plan for the San Diego Basin (Basin Plan): ( 1 ) Subdivided the Laguna
Hydrologic Area (HA) (HA 901.10), Mission Viejo HA (HA 901.20),
and San Clemente HA (HA 901 .30) into hydrologic subareas (HSAs), (2)
Relaxed ground water quality objectives for total dissolved sohds (TDS)
and boron in the San Joaquin Hills HSA (HSA 901.11), (3) Relaxed
ground water quality objectives for TDS, nitrate, and boron in the Laguna
Beach HSA (HSA 901.12), (4) Established more stringent ground water
quality objectives for TDS, chloride, sulfate, and boron and designated
the municipal and agricultural beneficial uses in the Aliso Creek HSA
(HSA 901.13), (5) Established ground water quality objectives for TDS,
chloride, sulfate, percent sodium, nitrate, iron, manganese, methylene
blue active substances (MBAS), boron, turbidity, color, and fluoride and
designated the agricultural beneficial uses in the Dana Point HSA (HSA
901 . 13), (6) Relaxed ground water quality objectives for TDS, chloride,
sulfate, and boron in the Oso Creek HSA (HSA 901 .2 1 ), Middle Trabuco
HSA (HSA 901 .23), Gobemadora HSA (HSA 901 .24), Middle San Juan
Creek HSA (HSA 901.26), Lower San Juan Creek HSA (HSA 901.27),
and Ortega HSA (HSA 901 .28), (7) Relaxed ground water quality objec-
tives for TDS, chloride, sulfate, and boron in the Prima Desheca HSA
(HSA 901.31), and (8) Established ground water quality objectives for
TDS, chlorides, sulfate, percent sodium, nitrate, iron, manganese,
MBAS, boron, odor, turbidity, color, and fluoride in the Segunda
Desheca HSA (HSA 901.32).
History
1. New section filed 1 1-9-94; operative 1 1-9-94. Resolution No. 94-25 adopted
by the San Diego Regional Water Quality Control Board on February 1 0, 1 994.
Resolution No. 94-61 adopted by the State Water Resources Control Board on
July 21, 1994. Approved by OAL pursuant to Government Code section 11 353
(Register 94, No. 45).
§ 3983. Revised Water Quality Control Plan for the San
Diego Region.
The revised Water Quality Control Plan (Basin Plan) for the San Diego
Region, as adopted September 10, 1994, by the San Diego Regional Wa-
ter Quality Control Board, per Resolution No. 94- 1 changes the regula-
tory provisions of the previous Basin Plan and its amendments as fol-
lows:
(a) Beneficial Use Categories and Definitions: Add definitions for
"Aquaculture," "Estuarine Habitat" and "Marine Habitat." Revise bene-
ficial use category definitions previously incorporated: Municipal and
Domestic Supply" (MUN); Agricultural Supply", "Industrial Process
Supply," "Ground Water Recharge," "Freshwater Replenishment,"
"Navigation", "Contract Water Recreation," "Non-contact Water Rec-
reation," "Cold Freshwater Habitat," "Wildlife Habitat," "Preservation
of Biological Habitats of Special Significance," "Rare, Threatened, and
Endangered Species," "Migration of Aquatic Organisms," "Spawning,
Reproduction, and/or Early Development," and "Shellfish Harvesting."
(b) Water Body Type Definitions: Add definitions for "in and surface
waters", "ground water", and "coastal waters" (including oc:ean waters,
enclosed bays, and estuaries).
(c) Inland Surface Waters, enclosed bays and estuaries, coastal la-
goons, and ground waters: (1) Revise coliform concentration objective
for waters designated for shellfish harvesting (SHELL); (2) FLevise water
quality objective for biostimulatory substances; (3) Amend numerical
objective for boron; (4) Add narrative objective for natural color of fish;
(5) Revise water quality objectives for inorganic chemicals for waters
designated MUN; (6) Revise water quality objectives for ch3mical con-
stituents for waters designated MUN; (7) Add maximum contaminant
level numeric objective for toluene for waters designated MUN; (8) Add
narrative objective for taste and odor of shellfish or other waU^r resources
used for human consumption; (9) Add numeric water qualit]/ objectives
for toxic pollutants; (10) Add numeric objective for trihaloinethanes in
waters designated as MUN;
(d) Discharge Prohibitions: ( 1 ) Add principles for issuing cr reviewing
general waste discharge permits; (2) Add prohibition for discharge of
waste to waters of the state; (3) Add prohibition for discharge of waste
to land; (4) Add prohibition for discharge of pollutants or dredge and fill
material to waters of the United States; (5) Amend prohibition for dis-
charge of treated or untreated waste to water bodies designated for MUN
use; (6) Amend prohibition for discharge of waste to inland surface wa-
ters; (7) Amend prohibition for discharge of waste resulting in flow,
ponding, or surfacing on lands not under control of the discharger; (8)
Amend prohibition for dumping, deposition, or discharge of waste di-
rectly into waters of the state; (9) Add prohibition for any cischarge to
a storm water conveyance not composed entirely of "stormvv'ater"; (10)
Amend prohibition for unauthorized discharge of treated cr untreated
sewage to waters of the state; ( 1 1) Add prohibition for discharge of indus-
trial wastes to conventional septic tank/subsurface disposal systems; (12)
Add prohibition for discharge of any radiological, chemical, or biologi-
cal warfare agent; (13) Amend prohibition for discharge of earthen mate-
rials from any activity which results in deleterious bottom deposits, tur-
bidity, or discoloration in waters of the state, (14) Add protibition for
discharge of treated or untreated sewage from vessels to Oceanside Har-
bor, and Dana Point Harbor; and (16) Revise prohibition for discharge
of treated and untreated sewage to San Diego Bay.
(e) Water reclamation: (1) Add master requirements for suppliers or
distributors of reclaimed water; (2) Add criteria for an exception to bios-
timulatory substances water quality objective for discharges to coastal
water lagoons from pilot water reclamation projects; (3) Add alternative
method of showing comphance with biostimulatory substances water
quality objectives for inland surface waters downstream of lal>;es or reser-
voirs used for municipal water supply; (4) Revise the methodology for
determining reclaimed water effluent limits; (5) Add poUcy regarding
consideration of water Reclamation as an alternative to ocetin disposal;
(6) Add requirements for reclaimed water storage.
(f) Enforcement Actions: ( 1 ) Add criteria for selection of the appropri-
ate enforcement action in response to an incident of noncompliance; (2)
Add provision on enforcement actions against operators of Navy vessels.
(g) Add policy for regulation of individual domestic subsurface dis-
posal systems, community sewerage systems, and alternative systems.
(h) Add provisions on testing to determine alternative for disposal of
dredged material.
(i) Add policy for cleanup and abatement of contaminat3d soil and
ground water.
History
1 . New section summarizing regulatory provisions filed 4-26-95 . Bai^in Plan revi-
sions, as adopted per San Diego Regional Board Resolution No. 92-10 and ap-
proved by State Board Resolution No. 94-1 1 6, approved by OAL .ind effective
per Government Code section 1 1353 on 4-26-95 (Register 95, No. 17).
2. Nonsubstantive amendments throughout the basin plan filed 4-25-2007;
amendment adopted on 4-12-2006 by the San Diego Regional \^'ater Quality
•
Page 166
Register 2007, No. 34; 8-24-2007
Title 23
Regional Water Quality Control Boards
§ 3989.1
Control Board Resolution No. R9-2006-0029; approved on 1 1-1 5-2006 by the
State Water Resourees Control Board Resolution No. 2006-0090 on
1 1-15-2006; approved by OAL pui'suant to Government Code 1 1353 (Register
2007, No. 17).
§ 3984. Total Dissolved Solids Ground Water Quality
Objective for the Poway (6.2) Hydrologic Area.
Regional Board Resolution No. 94-1 39, adopted on October 1 3. 1994.
hy the San Diego Regional Water Quality Control Board, modified the
regulatory provisions of the Water Quality Control Plan (Basin Plan) for
the San Diego Basin by relaxing the ground water quality objective for
total dissolved solids from 750 milligrams per liter (mg/1) to 1,000 mg/1
in the Poway (6.2) Hydrologic Area.
History
1 . New seetion filed 5-1 8-95; operative 5-1 8-95. Resolution No. 94-1 39 adopted
by the San Diego Regional Water Quality Control Board 10-13-94. Resolution
No. 94-139 adopted by the State Water Resources Control Board 1-19-95. Ap-
proved by OAL pursuant to Government Code section 1 1 353 (Register 95, No.
20).
§ 3985. Total Dissolved Solids Ground Water Quality
Objective for the Moosa (903.13) and Valley
Center (903.14) Hydrologic Subareas.
Regional Board Resolution No. 95-48, adopted on May 16, 1995, by
the San Diego Regional Water Quality Control Board, modified the regu-
latory provisions of the Water Quality Control Plan (Basin Plan) for the
San Diego Region by relaxing the ground water quality objective for total
dissolved solids in the alluvial aquifer from 800 milligrams per liter (mg/
1) to 1,200 mg/1 in the Moosa Hydrologic Subarea (HSA) (HSA 903.13)
and from 800 mg/1 to 1,100 mg/1 in the Valley Center HSA
(HSA 903.14).
History
1. New section filed 12-18-95; operative 12-18-95. Resolution No. 95-48
adopted by the San Diego Regional Water Quality Control Board 5- 1 6-95. Res-
olution No. 95-62 adopted by the State Water Resources Control Board
9-21-95. Approved by OAL pursuant to Government Code section 11353
(Register 95, No. 51).
§ 3986. Suspension of Enforcement of Effluent Limitations
for Water Reclamation Projects Due to Water
Supply Considerations.
Regional Board Resolution No. 95-95, adopted on October 12, 1995,
by the San Diego Regional Water Quality Control Board (SDRWQCB),
modified the regulatory provisions of the Water Quality Control Plan
(Basin Plan) for the San Diego Region by establishing conditions where-
by the SDRWQCB may authorize the Executive Officer to suspend for-
mal enforcement of effluent limitations for water reclamation projects
due to water supply considerations.
History
1. New section filed 11-21-96; operative 11-21-96 pursuant to Government
Code section 1 1353. Resolution No. 95-95 adopted by the San Diego Regional
Water Quality Control Board 10-12-95. Resolution No. 96-27 adopted by the
State Water Resources Control Board 4-18-96 (Register 96, No. 47).
§ 3987. Exception to the Prohibition of Discharges of
Recycled Wastewater to Surface Water Bodies
Used for Municipal Water Supply.
Regional Board Resolution No. 96-30, adopted on May 9, 1 996, by
the San Diego Regional Water Quality Control Board (SDRWQCB),
modified the regulatory provisions of the Water Quality Control Plan for
the San Diego Region by establishing conditions whereby the
SDRWQCB may grant an exception to the prohibition against the dis-
charge of recycled water to lakes or reservoirs used for municipal water
supply, or to their inland surface water tributaries.
History
I. New section filed 6-24-97; operative 6-24-97 pursuant to Government Code
section 1 1 353. Resolution No. 96-30 adopted by the San Diego Regional Water
Quality Control Board 5-9-96. Resolution No. 96-86 adopted by the State Wa-
ter Resources Control Board 1 1-21-96.
§ 3988. Revision of Beneficial Use Designations for
Spawning/Reproduction, and/or Early
Development and Cold Freshwater Habitat.
Regional Board Resolution No. 97-04 adopted on March 1 2. 1 997 by
the San Diego Regional Water Quality Control Board, modified the regu-
latory provisions of the Water Quality Control Plan for the San Diego Re-
gion by: ( 1 ) revising the beneficial use definition for "'Spawning, Repro-
duction, and/or Early Development (SPWN)", (2) designating the SPWN
beneficial use in 76 water body segments, (3) designating the "Cold
Freshwater Habitat (COLD)" beneficial use in 55 water body segments,
and (4) deleting the COLD beneficial use designation from 68 water body
segments.
History
1. New section filed 10-9-2001; operative 10-9-2001 pursuant to Government
Code section 1 1353. Resolution No. 97-04 adopted by the San Diego Regional
Water Quality Control Board 3-12-97 (Register 2001 , No. 41 ).
§ 3989. Incorporating a Waste Discharge Requirement
Waiver Policy for Certain Specific Types of
Discharges.
The Policy waives waste discharge requirements for waste discharges
if the Regional Board has determined that they are not against the public
interest, and if they adhere to the stated mandated conditions. For each
specific type of discharge, it was determined that it would not be against
the public interest under one or more of the following circumstances: 1 )
the type of discharge is effectively regulated by other public agencies; 2)
the type of discharge does not adversely affect the quality or the benefi-
cial uses of the waters of the State; or 3) the type of discharge is not readi-
ly amenable to regulation through adoption of waste discharge require-
ments, but warrants Regional Board oversight to ensure compliance with
the mandated conditions.
Each type of discharge included in the Policy is classified into one of
two categories based on the degree of potential threat to water quality
and/or beneficial uses of affected water bodies. For Category 1 waivers,
waste discharge requirements for a specific discharge shall be considered
waived only after enrollment in accord with procedures established by
the Regional Board. The Regional Board will determine compliance with
the Category 1 waiver conditions using a program that includes on-site
inspections and/or review of the records of the public agencies that regu-
late these discharges. For Category 2 waivers, enrollment is not neces-
sary. The Regional Board will assess compliance with Category 2 waiver
conditions by means of surveys or other indirect methods.
History
1 . New section summarizing amendments to Water Quality Control Plan for the
San Diego Region filed 8-19-2003; Water Quality Control Plan amendments
adopted by the San Diego Regional Water Quality Control Board 9-1 1-2002
per Resolution No. R09-2002-0186, 2-5-2003 per Resolution No.
R09-2003-0060, and 6-11-2003 per Resoludon No. R09-2003-0262; ap-
proved by OAL and effective per Government Code section 11353 on
8-19-2003 (Register 2003, No. 34).
§ 3989.1 . Total Maximum Daily Load (TMDL) For Diazinon
in the Chollas Creek Watershed, San Diego
County.
The TMDL addresses toxicity in Chollas Creek caused by the pesti-
cide diazinon. The concentration-based numeric targets and TMDL for
diazinon were set equal to the California Department of Fish and Game
freshwater Water Quality Criteria for diazinon. The acute Water Quality
Criterion of 0.08 |xg/L protects aquatic life from short-term exposure to
diazinon, while the chronic criterion of 0.05 [Xg/L protects aquatic life
from long-term diazinon exposure. The concentration-based wasteload
and load allocations of this TMDL were assigned equally to all dia/inon
discharge sources in the Chollas Creek Watershed. All allocations were
set at 90 percent of the numeric targets resulting in a diazinon allocation
equal to 0.072 ng/L under acute exposure conditions (one-hour average)
and a diazinon allocation of 0.045 fj,g/L under chronic exposure condi-
tions (four-day average). Frequency of allowed exceedances are set at
once every three years on the average. These allocations include an ex-
plicit 10 percent margin of safety to account for uncertainties in the
Page 167
Register 2007, No. 34; 8-24-2007
§ 3989.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 23
TMDL analysis and represent approximately a 90 percent reduction from
current loads.
The responsible parties are the Cities of San Diego, Lemon Grove, and
La Mesa, the San Diego Unified Port District, the County of San Diego,
and the California Department of Transportation. These entities are re-
sponsible for implementation of the TMDL and for reduction of their dia-
zinon discharges. The Regional Board will revise the San Diego Munici-
pal Separate Storm Sewer System Permit to make it consistent with the
wasteload and load allocation part of this TMDL. Compliance with nu-
meric limitations for diazinon will be required in accordance with a
phased schedule of compliance.
History
1 . New section summarizing amendments to Water Quality Control Plan for the
San Diego Region filed 9-11-2003; Water Quality Control Plan amendments
adopted by the San Diego Regional Water Quality Control Board 8-14-2002
per Resolution No. R9-2002-0123; approved by OAL and effective per Gov-
ernment Code section 1 1353 on 9-1 1-2003 (Register 2003, No. 37).
§ 3989.2. Total Maximum Daily Load for Dissolved Copper
in Shelter Island Yacht Basin.
Resolution No. R9-2005-0019, adopted on Febmary 9, 2005 by the
San Diego Regional Water Quality Control Board (San Diego Water
Board), modified the regulatory provisions of the Water Quality Control
Plan for the San Diego Basin by establishing a Total Maximum Daily
Load (TMDL) for Dissolved Copper in Shelter Island Yacht Basin
(SIYB), San Diego Bay.
The TMDL addresses toxicity in SIYB caused primarily by copper-
based antifouling paints. The numeric targets were set equal to water
quality criteria for dissolved copper as set forth by the U.S. Environmen-
tal Protection Agency in the California Toxics Rule to protect aquatic life
from acute and chronic toxicity. The numeric target for dissolved copper
is 3. 1 micrograms/liter ([Ag/L) for continuous or chronic exposure (4-day
average) and 4.8 (ig/L (1-hour average) for maximum or acute expo-
sures, not to be exceeded more than once every three years.
The TMDL was calculated to be 567 kilograms/year of dissolved cop-
per, amounting to a 76 percent reduction in current loading from copper-
based antifouling paints. Most of the load reduction will be required from
passive leaching, as well as to a lesser extent from underwater hull clean-
ing of copper-based antifouling paints.
The dischargers responsible for meeting the copper reductions and al-
locations are the San Diego Unified Port District, marina owners and op-
erators at SIYB, boat owners at SIYB, underwater hull cleaners at SIYB,
and the City of San Diego.
In order to implement the TMDLs, the San Diego Water Board will ( I )
coordinate with governmental agencies having legal authority over the
use of copper-based antifouling paints, which are registered pesticides;
(2) regulate the discharge of copper to SIYB waters through the issuance
of Waste Discharge Requirements (WDRs), Waivers of WDRs, and/or
adoption of Waste Discharge Prohibitions; and (3) amend Order No.
2001-01 , "Waste Discharge Requirements for Discharges of Urban Run-
off from the Municipal Separate Storm Sewer Systems" to require that
discharges of copper into SIYB waters not increase via the City of San
Diego's municipal separate storm sewer system from existing loadings.
Compliance with the allocations will be required over a 1 7-year staged
compliance schedule. The first stage consists of an initial 2-year orienta-
tion period during which no copper load reductions are required. The
subsequent 15 year reduction period is comprised of three stages during
which incremental copper load reductions are required as shown below.
Table L Interim Loading Targets for Attainment of the TMDL
Stage
Stage 1
Stage 2
Stage 3
Stage 4
Estimated Interim
Percent Reduction
Reduction to
Target Loading
Time from Current
be Attained by
(lig/year of
Period Estimated Loading
End of Year
dissolved Cu)
Years 1-2 0%
N/A
N/A
Years 2-7 10%
7
1,900
Years 7-12 40%
12
1,300
Years 12-17 76%
17
567
History
1 . New section summarizing amendments to Water Quality Control Plan for the
San Diego Reeion filed 12-2-2005; amendments adopted by San Dieeo Re-
gional Water Quality Control Board Resolution No. R9-2005-00 .9 2-9-2005;
approved by OAL and operative 1 2-2-2005 pursuant to Govemmint Code sec-
tion 1 1353 (Register 2005, No. 48).
§ 3989.3. Total Maximum Daily Load for Total Nitrogen and
Total Phosphorus in the Rainbow Creek
Watershed.
Regional Board Resolution No. R9-2005-0036, adopted on February
9, 2005 by the San Diego Regional Water Quality Control Board, modi-
fied the regulatory provisions of the Water Quality Control Plan for the
San Diego Region by ( 1 ) adding a footnote to Chapter 2 (Bene ficial Uses)
referencing Rainbow Creek's listing on the Clean Water Act Section
303(d) list, (2) adding text to Chapter 3 (Water Quality Objec lives) refer-
encing the 303(d) listing of Rainbow Creek and adoption of the TMDLs
implementation plans in Chapter 4 (Implementation), and (3) adding text
to Chapter 4 establishing total nitrogen and total phosphorus total maxi-
mum daily loads (TMDLs) for Rainbow Creek Watershed.
The TMDLs address impairment due to excess nutrients being dis-
charged to the creek from land uses, including agricultural and residential
uses, highway runoff, and contaminated groundwater. The numeric tar-
gets limit concentrations of nitrate to protect drinking watei* resources,
and total nitrogen and total phosphorus to prevent the development of ex-
cessive algae that can lead to eutrophic conditions in Rainbow Creek.
Compliance with objectives to protect municipal supply, water contact
and non-water contact recreation, and aquatic and wildlife beneficial
uses is to be achieved no later than 16 years after U.S. Environmental
Protection Agency approval of the TMDLs. Load allocati dus are as-
signed for land uses, septic tank disposal systems, and air deposition.
Waste load allocations are assigned for highway runoff and unidentified
point sources. Reductions will be phased over the compliance period. Im-
plementation includes investigations of groundwater contamination, wa-
ter quality monitoring, and implementation of best management practic-
es to control nmoff. Additional regulatory enforcement options are to be
used if necessary. The total nitrogen and total phosphorus TlVlDLs con-
tain a five percent (5%) explicit margin of safety.
History
1. New section summarizing amendments to basin plan filed 2-1-2006; amend-
ments approved by State Water Resources Control Board Resolution No.
2005-0085 on 1 1-16-2005; amendments approved bv OAL pursuant to Gov-
ernment Code section II 353 on 2-1-2006 (Register 2006, No. 5,i.
§ 3989.4. Addition of Unnamed or Unidentified Water
Bodies to the Beneficial Use Tables.
The amendment to the Water Quality Control Plan for the San Diego
Basin (Basin Plan) adopted by the San Diego Regional Water Quality
control Board (San Diego Water Board) in Resolution No.
R9-2005-0239 replaces obsolete language, updates tables, and specifies
new laws and regulations passed since 1 994. Table 2-2 and Table 2-4 are
updated to identify specific names and the beneficial uses for thirteen
previously unnamed stream segments and two newly constnicted reser-
voirs. The 'Preservation of Biological Habitats of Special Significance'
(BIOL) beneficial use is updated for waterbody segments within the
beneficial use tables, and corrections to the water quality objective tables
are made. The text describing marine life refuges is updated to bring the
section up-to-date and Newport Beach Marine Life Refuge is removed
since it is outside the San Diego region. The Plans and Policies section
in Chapter 5 is updated to recognize 'areas of special biological signifi-
cance (ASBS) as a subset of 'state water quality protection areas.' Also,
typographical, spelling, and other errors are corrected.
History
1. New section summarizing amendments to Basin Plan filed 1^-2007; amend-
ments adopted by the San Diego Regional Water Quality Control Board
1 1-9-2005 per Resolution R9-2005-0239. Approved by the Sta:e Water Re-
sources Control Board 9-21-2006 per Resolution 2006-^3069; approved by
OAL 1-4-2007 pursuant to Government Code section 11353 (Register 2007,
No. 1).
Page 168
Register 2007, No. 3^r; 8-24-2007
Title 23
Regional Water Quality Control Boards
§ 3989.6
§ 3989.6. Authorization of Compliance Time Schedules in
NPDES Requirements.
CONCISE SUMMARY OF REGULATORY PROVISIONS
Resolution R9-2005-0238 — Resolution Amending the Water Quali-
ty Control Plan for the San Diego Basin (9) to Incorporate Authorization
for Compliance Time Schedules in National Pollutant Discharge Elimi-
nation System Requirements.
This amendment to the Water Quality Control Plan for the San Diego
Basin (9) (Basin Plan) authorizes compliance time schedules in Waste
Discharge Requirements that implement National Pollutant Discharge
Elimination System (NPDES) regulations and federal Clean Water Act
requirements (NPDES requirements) issued by the San Diego Regional
Water Quality Control Board (San Diego Water Board).
The language specifies that where the San Diego Water Board deter-
mines that it is infeasible for an existing discharger to achieve immediate
compliance with new or more stringent water quality based effluent li-
mitations or receiving water limitations that implement new, revised, or
newly interpreted water quality objectives after November 9, 2005, and/
or that resulted from new knowledge on the characteristics and impacts
of the discharge for any pollutant for which a water quality objective was
issued, revised, or newly interpreted after July 1, 1977, the San Diego
Water Board may establish a compliance time schedule in the discharg-
er's NPDES requirements.
The compliance time schedule shall include a time schedule for com-
pleting or achieving specific actions (including interim effluent limita-
tions) that demonstrate reasonable progress toward compliance. The
compliance time schedule shall contain a final compliance date, based on
the shortest practicable time, required to achieve compliance. In addi-
tion, in all cases, the findings of the NPDES requirements shall specify
the final effluent limitations.
NPDES requirements may not include a compliance lime schedule
that extends beyond five years from the date of order issuance, reis-
suance, or modification. The San Diego Water Board may grant an addi-
tional extension of up to five years, but only where the discharger has
demonstrated satisfactory progress toward achieving compliance. In no
case shall a compliance time schedule for these discharges exceed ten
years from the date of adoption, revision, or interpretation of the applica-
ble water quality objective, whichever is the shorter period of time.
To document the need for and justify the duration of any such com-
pliance time schedule, a discharger must submit the following informa-
tion, at a minimum: ( 1 ) the results of a diligent effort to quantify pollutant
levels in the discharge and the sources of the pollutant(s) in the waste
stream; (2) identification of the sources of the pollutant in the waste
stream, documentation of source control efforts currently underway or
completed, including compliance with any pollution prevention pro-
grams that have been established, and a proposed schedule for additional
source control measures or waste treatment needed to meet the WQBELs
and/or receiving water limitation; (3) evidence that the current discharge
quality is the highest that can reasonably be achieved; and (4) a demon-
stration that the proposed schedule is as short as practicable, taking into
account economic, technical, and other relevant factors. The need for and
justification of the duration of any such compliance time schedule will
be subject to San Diego Water Board review and approval.
History
1 . New section suntmarizing amendments to Basin Plan filed 3-23-2007; amend-
ments adopted by the San Diego Regional Water Quality Control Board
11-9-2005 per Resolution R9-2005-0238. Approved by State Water Re-
sources Control Board Resolution No. 2006-0077 on 10-25-2006; approved
by OAL pursuant to Government Code section 11 353 on 3-23-2007 (Register
2007, No. 12).
>i= * *
Page 169
Register 2007, No. 34; 8-24-2007
^
Barclays Official
California
Code of
Regulations
Title 23. Waters
Division 5. Prevention of Waste, Unreasonable Use or Diversion of Water
Vol. 32
XMOIVISOIM
^^ ^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 23
Prevention of Waste, Unreasonable Use or Diversion of Water
Table of Contents
Division 5. Prevention of Waste, Unreasonable Use or Diversion of Water
Table of Contents
Page
Chapter 1 . Procedures 179
§ 4000. Definitions.
§4001. Investigations.
i5 4002. Notifications and Responses.
§ 4003. Further Invesfigations.
§ 4004. Hearing Before the Board.
§ 4005. Noncompliance with Order:
Revocation of Entitlement.
§ 4006. Noncompliance with Order:
Enforcement by Attorney General.
§ 4007. Independent Authority.
Page i
(1 2K 2(100)
Title 23
Prevention of Waste, Unreasonable Use or Diversion of Water
§4007
Division 5. Prevention of Waste,
Unreasonable Use or Diversion of Water
(State Water Resources Control Board and
Department of Water Resources)
•
Chapter 1. Procedures
§ 4000. Definitions.
As used in this chapter, the terms listed below shall have the meanings
noted:
(a) "board" shall mean the State Water Resources Control Board.
(b) "department" shall mean the Department of Water Resources.
(c) "misuse of water" or "misuse" shall mean any waste, unreasonable
use, unreasonable method of use, unreasonable method of diversion of
water, or any public nuisance as defined in Water Code Section 305.
NOTE: Authority cited: Sections 124, 185,275,and 1058, Water Code. Reference:
California Constitution, Article X, Section 2 and Sections 1 00, 275, and 301, Wa-
ter Code.
History
1. New Chapter 5 (Subchapter 1, Sections 4000-4007) filed 7-6-79 by Depart-
ment of Water Resources and State Water Resources Control Board; effective
thirtieth day thereafter (Register 79, No. 27).
§ 4001 . Investigations.
(a) Upon request of the board, or upon its own motion, or upon good
cause shown by any interested person, and in furtherance of Water Code
Sections 100, 101, 275, 304, and 305, the department shall investigate
any misuse of water.
(b) Where it appears that the department could be a party to a misuse
of water, or has a direct interest in the misuse by virtue of being a permit
holder, or having a contractual or other interest in the specific case, which
might conflict materially with its responsibilities under this chapter, the
department shall suspend its investigation and notify the board. Upon any
such notification, or upon its own motion or good cause shown by any
interested person, the board shall determine whether the department has
an interest in the misuse which would impair its ability to carry out its re-
sponsibilities under this chapter. If the board determines that such an in-
terest exists, it shall request the department to suspend its investigation,
or to continue the investigation under the board's direct supervision. If
the department suspends its investigation, the board may continue the in-
vestigation.
NOTE: Authority cited: Sections 124, 185, 275, and 1058, Water Code. Reference:
Sections 183, 225-236, 275, and 1051, Water Code.
§ 4002. Notifications and Responses.
(a) If preliminary investigation indicates that misuse of water has oc-
curred or is occurring, the department shall notify the appropriate local
governmental entity or water supplier with authority to regulate water
use. The notification shall request the entity or supplier to take action
within a reasonable time set by the department to terminate such misuse
of water, or demonstrate to the satisfaction of the department that such
misuse has not occurred or is not occurring.
(b) In the event the local governmental entity or water supplier fails or
is unable to perform the actions set forth in subsection (a) above, within
a reasonable time set by the department, the department shall notify the
person or persons who are a party to the misuse of water or public nui-
sance, and may thereafter allow a reasonable period of time in which to
terminate such misuse or demonstrate to the satisfaction of the depart-
ment that such misuse or public nuisance has not occurred or is not occur-
ring.
(c) Where such preliminary investigation is conducted by the board,
the board shall follow the procedures in subsections (a) and (b) above.
(d) If the misuse of water is corrected to the departmenfs satisfaction,
or if the department finds that a misuse does not exist, it shall notify the
board. The board shall not thereafter conduct a hearing pursuant to Sec-
tion 4003 unless it has information to believe the misuse has not been cor-
rected, or that a misuse exists, or may occur.
NOTE; Authority cited: Sections 124, ] 85, 275, and 1058, Water Code. Retercncc:
Cahfomia Constitution, Article X, Section 2 and Sections 100, 1 83, 225-236, 275.
305. and 1051, Water Code.
§ 4003. Further Investigations.
The board may, prior to hearing, require the department to conduct any
further investigations which it finds to be necessary, or to set forth further
reasons why the department believes that a misuse exists.
Note: Authority cited: Sections 124, 185, 275, and 1058, WaterCode. Rcrercncc:
Sections 183, 225-236, 275, and 1051, WaterCode.
§ 4004. Hearing Before the Board.
At the end of the time set by the department to terminate the misuse
of water or to demonstrate that misuse has not occurred or is not occur-
ring, upon reference by the department, or upon good cause shown by any
interested persons, or upon its own motion, the board may hold a hearing
to determine if such nuisance, waste, unreasonable use, method of use,
or method of diversion has occurred or continues to occur.
(a) Where the department has referred a misuse of water to the board
for hearing, the department shall present evidence of misuse of water at
such hearing.
(b) After hearing, the board may issue its order requiring prevention
or termination of the misuse.
NOTE: Authority cited: Sections 124, 185,275.and 1058, Water Code. Reference:
California Constitution, Article X, Section 2 and Sections 100, 183, 184, and 275,
Water Code.
§ 4005. Noncompliance with Order: Revocation of
Entitlement.
If a respondent refuses or neglects to comply with any order issued
pursuant to Section 4004 within such reasonable period of time as al-
lowed by the board, or such extension thereof as may for good cause be
allowed by the board, and if such order includes a finding that a misuse
has occurred or continues to occur in connection with exercise of a right
evidenced by a permit or license issued by the board, a revocation action
may be commenced by the board pursuant to Article 5 of Chapter 6 in the
case of a permit or pursuant to Article 7 of Chapter 9 in the case of a li-
cense, of Part 2 of Division 2 of the Water Code.
NOTE: Authority cited: Sections 124, 1 85, 275, and 1058, WaterCode. Reference:
California Constitution, Article X, Section 2 and Sections 100, 275, 1253, 1410,
and 1675, WaterCode.
§ 4006. Noncompliance with Order: Enforcement by
Attorney General.
If a respondent fails or refuses to comply with any order issued pur-
suant to Section 4004 within such reasonable period of time as allowed
by the board, or such extension thereof as may for good cause be allowed
by the board, and if such order includes a finding that the misuse has oc-
curred or continues to occur in connection with acts by a person not sub-
ject to a permit or license issued by the board, the board may refer the
matter to the Attorney General for appropriate legal action.
NOTE: Authority cited: Sections 124, 1 85, 275, and 1058, WaterCode. Reference:
California Constitution, Article X, Section 2 and Sections 100 and 275, Water
Code.
History
1 . Amendment filed 1-1 6-80 as procedural and organizational; effective thirtieth
day thereafter (Register 80, No. 3).
§ 4007. Independent Authority.
Nothing contained in this chapter shall be construed as a limitation or
constraint on the authority of the board or the department to prevent inde-
pendently the misuse of water.
NOTE: Authority cited: Sections 124, 185,275,and 1058, Water Code. Reference:
Section 275, Water Code.
Page 179
Register 91, No. 22; 5-31 -91
J^BL
Barclays Official
California
Code of
Regulations
SUBJECT index
# Title 23
Waters
XHOIVISON
-^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Index updated through Register 2007, Number 52; December 28, 2007
© 2008 ThomsonAVest
Barclays and Barclays Official California Code of Regulations are Trademarks Used Herein Under
License.
TITLE 23 INDEX
CITIES
ABANDONMENT
Conduit and pipelines, 23:124
Levees. 23:124
ACCESS TO INFORMATION
Flood plain management reeords, 23:202
Flood proteetion conidor project records, 23:497.12
Water Resources Department records, 23:202
ADVERTISING
House sale due to relocation for reservoir, expense,
23:370.15
AGRICULTURE
Irrigation
See IRRIGATION
Water appropriation, 23:661
-Frost protection, 23:670
-Heat control, 23:672
-Reasonably necessary amounts, examples of,
23:697
ALAMO RIVER
Water quality control, sedimentation/siltation total
maximum daily load, 23:3961
ALTERNATIVE DISPUTE RESOLUTION
Regional water quality control boards, 23:648.6
Water Resources Control Board, 23:648.6
AMMONIA
Los Angeles Region water quality control
-Effluent limits contained within TMDL for nitro-
gen compounds, 23:3939.11
-Inland surface water objectives, 23:3939.1,
23:3939.9, 23:3939.22
APPEALS
Levee and floodway encroachment permits. Recla-
mation Board, 23:12, 23:23
Reservoir construction, relocation assistance,
23:370.10
Underground storage tanks
-Orphan site cleanup grant applications,
23:2814.37
-Tank tester regulations, 23:2780-23:2784
Wastewater treatment and reclamation, operator
certification violations, 23:3711-23:3716.
23:3719.18
APPROPRIATION OF WATER
See WATER APPROPRIATION
AQUACULTURE
Water appropriation, 23:667
ARBITRATION
See ALTERNATIVE DISPUTE RESOLUTION
ARCHITECTS
Reservoirs, contracts for, 23:380-23:391
See also RESERVOIRS
Water resources project contracts, 23:3870-23:3880
AUDITS
Flood protection corridor project grants, 23:497.12
AUDITS, ENVIRONMENTAL
See ENVIRONMENTAL IMPACT REPORTS
B
BACTERIA
Ballona Creek and Estuary, total maximum daily
load, 23:3939.24
Los Angeles Region, revised water quality objec-
tives, 23:3937
^4alibu Creek, total maximum daily load,
23:3939.15
BACTERIA-rf>n///7;/cf/
Marina del Rey Mothers' Beach and back basins,
daily load, 23:3939.4
Middle Santa Ana River watershed, bacterial indi-
cators, 23:3979.1
Sepulvada Channel, total maximum daily load,
23:3939.24
BALLONA CREEK AND WETLANDS
Bacteria, daily load, 23:3939.24
Metals, daily load, 23:3939.20
Toxic pollutants in sediment, daily load,
23:3939.18
Trash, daily load, 23:3936, 23:3939.13-23:3939.14
BEACHES
Santa Monica Bay Beaches, water quality control
plan, 23:3938, 23:3939
BIDDING, COMPETITIVE
Underground storage tank cleanup
-Funding claim requirements, 23:2812.1
-Orphan site grants, 23:2814.31
BIG BEAR LAKE
Nutrient daily load for dry hydrological conditions,
23:3979.2
BOATS AND BOATING
Boat construction; discharge into waters, fees,
23:2236
Floodways and flood control structures. Reclama-
tion Board requirements, 23:127
Ports
See PORTS
Reclamation Board regulations, 23:127
Sewage removal from vessels, 23:2815-23:2835
See also WASTE MANAGEMENT, subheading:
Sewage removal from vessels
BRIDGES
Encroachments upon floodways or levees. Recla-
mation Board regulations, 23:128
BUSINESSES
Minority-owned businesses; Water Resources
Department, contract participation goals,
23:392-23:394
Reservoirs
-Architectural and engineering firms, small busi-
nesses to be given preference, 23:384
-Relocation assistance program
— Business, defined, 23:370
— Moving expenses, 23:370.11, 23:370.13
Women-owned businesses; Water Resources
Department contract participation goals,
23:392-23:394
BUTTE BASIN FLOOD PLAIN STANDARDS,
23:135, 23:135 Fig. 8.12
CALIFORNIA ENVIRONMENTAL QUALITY ACT
OF 1970
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
CALIFORNIA SAFE DRINKING WATER BOND
LAW OF 1976 OR OF 1984
See WATER RESOURCES DEPARTMENT, sub-
heading: Grants
CALLEGUAS CREEK
Copper, water-effect ratios, 23:3939.26
Metals and selenium, total maximum daily load,
23:3939.23
Nitrogen, total maximum daily load, 23:3939.2
Organochlorine pesticides, PCBs, and siltation total
maximum daily loads, 23:3939.17
Toxicity, chlorpyrifos, and diazinon total maximum
daily loads, 23:3939.16
CAMPS AND CAMPING
Water appropriation for camp grounds, 23:660,
23:697
CANYON LAKE
Nutrient daily loads, 23:3979
CARBONERA CREEK
Sediment, total maximum daily load and imple-
mentation plan, 23:3927
CARSON RIVER
Sodium-related water quality standards, 23:3959.1
CATHEDRAL CITY COVE
Water quality control, individual subsurface waste-
water disposal system discharges prohibited,
23:3964
CATTLE
Waste dischai-ge fees. 23:2200-23:2200.6
CEASE AND DESIST ORDERS
Waste discharge into waters, 23:2243-23:2245
-Community sewer systems, 23:2244-23:2244.3
Waste management units, 23:2593
CEQA
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
CERTIFICATES AND CERTIFICATION
Regional water quality control boards
See REGIONAL WATER QUALITY CONTROL
BOARDS
Safe drinking water bond law of 1984, certification
of completion, 23:489.2
Stockpond water rights
-Applications, 23:885-23:888
-Claims, 23:902
-Revocation, 23:906
Tax certifications, water treatment faciUties,
23:3841-23:3845
Underground storage tanks
-Monitoring equipment
— Certification form, 23:2714 Appx. VI
-Operators, installers, service technicians, and
inspectors, 23:2715
-Secondary containment systems, 23:2638
-Tank and pipe installation, form, 23:2714 Appx.
V
Waste discharge into waters, water quality certifi-
cation, 23:3855-23:3861
Wastewater treatment plant operators
See WASTEWATER AND WASTEWATER
TREATMENT
Water appropriation maps, certificate of engineer or
surveyor, 23:717
Water conservation and water quality bond loans,
certification of completion, 23:450.9
Water quality certifications, 23:3855-23:3861
CHECKLISTS
Regional water quality control boards, environmen-
tal checklist form, 23:3782 Appx. A
CHLORIDE
Santa Clara River, water quality objective,
23:3939.8, 23:3939.10
CHLORPYRIFOS
Water quality control
-Calleguas Creek and tributaries, and Mugu
Lagoon, maximum daily loads, 23:3939.16
-Sacramento-San Joaquin Delta runoff, 23:3949.4
-San Diego Creek and Upper Newport Bay daily
loads, 23:3977
-San Joaquin River, 23:3949
CHOLLAS CREEK WATERSHED
Water quality control, diazinon total maximum
daily load, 23:3989.1
CHORRO CREEK
Pathogens, total maximum daily load,
23:3924-23:3925
CITIES
Water appropriation, 23:663
-Map requirements for application, 23:718
Water Resources Department, local project con-
struction loans and grants, 23:400-23:445
See also WATER RESOURCES DEPARTMENT
Water system
See PUBLIC WATER SYSTEM
CLAY LINERS
CALIFORNIA CODE OF RE(}ULATIONS
CLAY LINERS
Waste management units, 23:2342
-Leaehate compatibility testing guide, 23:2601
Appx. I
CLEANUPS, WASTE SPILLS
Underground storage tanks
See UNDERGROUND STORAGE TANK
CLEANUP FUND
CLEAN WATER ACT
Listing requirements of Section 303(d), compli-
ance, SWRCB policy, 23:2916
CLEAR LAKE
Mercury control, 23:3945
Nutrients control, 23:3949.3
COASTAL ZONES
See SAN FRANCISCO BAY AND BAY AREA
COBEY-ALQUIST FLOOD PLAIN MANAGE-
MENT ACT
See {generally FLOOD PLAIN MANAGEMENT
COLIFORM
Napa River watershed, total maximum daily load
and implementation plan, 23:3918
Newport Bay, fecal coliform bacteria, total maxi-
mum daily load. 23:3975
San Luis Obispo Creek, total maximum daily load
and implementation plan, 23:3928
Sonoma Creek watershed, total maximum daily
load and implementation plan. 23:3919
Tomales Bay Watershed, total maximum daily
load, 23:3916
COLORADO RIVER BASIN REGION
Water quality control plans, 23:3960-23:3965
COLUSA DRAIN
Flood protection program, 23:499.1-23:499.8
CONFIDENTIAL INFORMATION
Water resources department, electric power revenue
determination, 23:514
CONFLICT OF INTEREST
Regional Water Quality Control Board, 23:644.1
Reservoirs, architectural and engineering contrac-
tors, 23:391
Water Resources Control Board, 23:644-23:644.6
-Project contracts with architects, landscape archi-
tects, engineers, etc., 23:3879
Water Resources Department, 23:595, 23:595
Appx.
CONSERVATION OF ENERGY
See ENERGY CONSERVATION
CONSERVATION OF WATER
See WATER CONSERVATION
CONSOLIDATED TOXIC HOT SPOTS
CLEANUP PLAN, 23:2913
CONSTRUCTION
Reservoirs, contracts for
See RESERVOIRS
Water resources project contracts, 23:3870-23:3880
CONSTRUCTION PROJECT MANAGEMENT
Reservoirs, contracts for, 23:380-23:391
CONTAMINATION
Waste
See generally HAZARDOUS WASTES; SOLID
WASTE
Water
See generally WATER POLLUTION AND CON-
TROL
CONTRACTS
Flood protection corridor project grants, 23:497.9
Water resources project contracts, 23:3870-23:3880
COPPER
Calleguas Creek and Mugu Lagoon, water-effect
ratios, 23:3939.26
CORPS OF ENGINEERS
Hood control study hearings, notice to Reclamation
Board and Water Resources Department,
23:213
COSTA-MACHADO WATER ACT
Flood protection corridor projects,
23:497.1-23:497.12
COUNTIES
Water Resources Department, local project con-
struction loans and grants, 23:400-23:445
See also WATER RESOURCES DEPARTMENT
CREEKS
See RIVERS AND STREAMS
D
DAIRIES
Waste discharge fees, 23:2200-23:2200.6
DAMS
See RESERVOIRS
DAVIS-GRUNSKY ACT, 23:400-23:405
See also WATER RESOURCES DEPARTMENT,
subheading: Local project construction loans
and grants
DEER CREEK
Water quality, site specific objectives
-Temperature, 23:3944.1, 23:3944.2
-Turbidity and pH, 23:3944
DEFINITIONS
Dams, 23:322
Environmental impact reports, environmental docu-
ments, 23:3721
Environmental Water Act of 1989, 23:449.1
Feather River flood protection program, 23:499.2
Flood plain management, 23:201
Flood protection corridor projects, 23:497.2
Hazardous wastes, 23:2521
Landscaping, model water efficient landscape ordi-
nance, 23:491
Pesticide research, identification of source, and mit-
igation (PRISM) grants, 23:3410.1
Reclamation Board, 23:4
Regional water quality control boards
See REGIONAL WATER QUALITY CONTROL
BOARDS
Relocation assistance, 23:370
Reservoirs
See RESERVOIRS
Sohd waste, 23:2600, 23:2601
Stockpond water rights, 23:880, 23:881
Underground storage tanks, 23:2610, 23:2611
-Cleanup fund, 23:2804
-Orphan site cleanup account,
23:2814.20-23:2814.21
-Red tag violations, 23:2717
Urban creeks program, 23:451.1
Waste disposal
See SOLID WASTE
Waste management
See WASTE MANAGEMENT
Wastewater treatment plants, classification, 23:3671
Water appropriation
See WATER APPROPRIATION
Water projects, financial assistance, 23:400
Water Resources Control Board
See WATER RESOURCES CONTROL BOARD
Water resources control board
-Fees, 23:1061
Water Resources Department
See WATER RESOURCES DEPARTMENT
Water rights, 23:940
-Stockponds, 23:880. 23:881
Water uses, 23:659-23:672
Yuba feather flood protection program, 23:499.2
DESERT HOT SPRINGS AQUIFERS
Septic tank discharges, prohibition, 23:3965
DIAZINON
Water quality control
-Calleguas Creek and tributaries, and Mugu
Lagoon, maximum daily loads, 23:3939.16
U\P<Z\HOH-iontimied
Water quality coniro\-<.ontimied
-Chollas Creek Watershed, daily load, 23:3989.1
-Sacramento and Feather Rivers, water quality
objectives, 23:3947
-Sacramento-San Joaquin Delta runoff, 23:3949.4
-San Diego Creek and Upper Newport Bay, daily
load, 23:3977
-San Francisco Bay area urban creeks, 23:3917
-San Joaquin River, 23:3949
DISCHARGE, WASTE
See WASTE MANAGEMENT
DISPLACED PERSONS
Relocation due to reservoir or dam construction
See RESERVOIRS, subheading: Relocation assis-
tance program
DITCHES
Reclamation Board, irrigation and drainage ditches,
23:122, 23:122 Exhr2, 23:122 Exh. 3
DIVERSIONS OF WATER
See WATER RESOURCES CONTFLOL BOARD,
subheading: Extractions and diversions of water
DRAINAGE CONTROL
Ditches, 23:122, 23:122 Exh. 2, 23:122 Exh. 3
Sacramento and San Joaquin Drainage District per-
mits, approval requirements, 23:19
Waste management units, precipitation and drain-
age controls, 23:2546
-Surface impoundments, 23:2548
DRINKING WATER
See PUBLIC WATER SYSTEM
Safe Drinking Water Bond Laws
See WATER RESOURCES DEPAPTMENT
DROUGHT EMERGENCY CONDITIONS
See also generally WATER APPROPRIATION
Hearings, 23:767
DUCKS
Waste discharge fees, 23:2200-23:2200.6
DUMPS
See LANDFILLS
E
EARTHQUAKES
Waste management units, seismic design, 23:2547
EIRS
See ENVIRONMENTAL IMPACT REPORTS
ELECTRICITY
Water appropriation for power use, 23:662, 23:667
Water resources department, power revenue deter-
mination. 23:510-23:517
EMERGENCIES
Drought emergency conditions, hearings, 23:767
EMINENT DOMAIN
Relocation due to reservoir or dam construction
See RESERVOIRS, subheading: Re.ocation assis-
tance program
ENCROACHMENTS
Levees
See generally LEVEES
ENERGY CONSERVATION
Water appropriation for power use, 23:662, 23:667
ENGINEERS
Reservoirs, contracts for, 23:380-23:2.91
Water resources project contracts, 23:3870-23:3880
ENVIRONMENTAL HEALTH
Hazardous wastes
See HAZARDOUS WASTES
Water
See specific cross-references at the heading
WATER
Water reclamation
See WASTEWATER AND WASTEWATER
TREATMENT
TITLE 23 INDEX
GROUND WATER
ENVIRONMENTAL IMPACT REPORTS
Completeness, 23:3761
Hnvironmental doeuinents, defined, 23:3721
Lxenipl projecls
-Ministerial prqjeets. 23:3730
Reservoir eonstruetion, 23:310
Water Resourees Department, fees for preparation,
23:303
ENVIRONMENTAL PROTECTION
Califomia tlnvironmental Quality Act
Sec ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
Hazardous wastes
Sec HAZARDOUS WASTES
Landfills
Sec LANDFILLS
Solid waste
See SOLID WASTE
Water
See WATER POLLUTION AND CONTROL
ENVIRONMENTAL PROTECTION AGENCY,
U.S.
Waste discharge requirements
-Compliance by state Water Resources Control
Board, 23:2235.2
ENVIRONMENTAL QUALITY ACT OF CALIFOR-
NIA
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Reclamation Board, levee and flood plain
encroachments, 23:190-23:193
-Exempt activities, 23:193
-Fees, negative declaration or EIR, 23:192
-Incorporation by reference, 23:191
-Purpose and authority, 23:190
Regional water quality control boards, implementa-
tion, 23:3720-23:3782
See also REGIONAL WATER QUALITY CON-
TROL BOARDS
Water Resources Department, implementation,
23:500-23:504
ENVIRONMENTAL WATER ACT OF 1989
See WATER RESOURCES DEPARTMENT
EROSION CONTROL
Levees and flood plains. Reclamation Board regu-
lations, 23:121
-Rock, 23:121 Fig. 8.01
-Sacked concrete, 23:121 Fig. 8.02
ETHICS
See CONFLICT OF INTEREST
EVIDENCE
Water resources control board
-Adjudicative proceedings
—Preparation, 23:648.3
—Rules of, 23:648.5.1
-Review of action by regional board, supplemental
evidence, 23:2050.6
EXTRACTIONS OF WATER
See WATER RESOURCES CONTROL BOARD
F
FEATHER RIVER
Flood protection program, 23:499.1-23:499.8
Water quality, diazinon and orchard pesticide run-
off discharges, 23:3947
FEES
Levee and flood plain encroachments, negative dec-
laration or EIR, Reclamation Board, 23:192
Local project construction loans and grants, filing
fees, 23:407
Regional water quality control boards, certification
applications, 23:3833
Reservoirs
See RESERVOIRS
FEES-cofitinued
Safe drinking water bond law of 1976,
23:456-23:58
Underground storage tanks, tank tester regulations,
23:2800-23:2802
Waste discharge into waters. 23:2236
Wastewater treatment and reclamation
-Contract operators, registration, 23:3719.19
-Operator certification. 23:3717
Water appropriation applications, 23:676, 23:677
Water quality certifications, 23:3860
Water Resources Control Board
See WATER RESOURCES CONTROL BOARD
Water Resources Department, environmental
impact reports, 23:503
FILTRATION OF WATER
See WASTEWATER AND WASTEWATER
TREATMENT
FISH AND GAME
Dammed waters
-Fishing permits, 23:781
-Passage of water in for fish, permits, 23:782
Water appropriation, 23:666, 23:667
FLOOD PLAIN MANAGEMENT
See also RECLAMATION BOARD
Definitions, 23:201
Flood control study hearings by corps of engineers
-Notice to Reclamation Board and Water
Resources Department, 23:213
Flood plain, defined, 23:201
Flood prevention projects, notice requirements,
23:214
Roodways
See generally RECLAMATION BOARD
Levees
See LEVEES
Notification of need for regulations, 23:211-23:216
-Corps of engineers' projects, 23:213
-Flood plain regulations, 23:215
-Notice to agencies, 23:212
-Notification of noncompliance, 23:216
-Purpose, 23:211
-Soil conservation service projects, 23:214
Purpose of regulations, 23:200
Records of Water Resources Department or Recla-
mation Board
-Access to, 23:202
Regulations
-Adoption, notice of noncompliance to public
agency, 23:216
-Designated floodway, 23:221
-Floodway, 23:221
-Proposed, review oL 23:230-23:233
— Mandatory, 23:232
— Priority, 23:231
— Types of review, 23:230
— Voluntary, 23:233
-Review by Reclamation Board or Water
Resources Department, 23:215
-Studies to support
— Department or board, by, 23:241
— Responsibility, 23:240
-Types, 23:220
Soil conservation projects, notice requirements,
23:214
Watershed protection projects, notice requirements,
23:214
FLOODS AND FLOOD CONTROL
Flood protection corridor projects,
23:497.1-23:497.12
-Audits, 23:497.12
-Definitions, 23:497.2
-Evaluation teams, powers and duties, 23:497.3
-Grants
—Applications, 23:497.3, 23:497.7
— Contracts, 23:497.9
— Disbursement of funds, 23:497.4
— Eligible projects, 23:497.5
—Priorities, 23:497.5-23:497.6
— Qualifications of applicants, 23:497.4
-Maintenance plans, 23:497.11
-Management of program, 23:497.3
FLOODS AND FLOOD CONTROL-amtiiiiiccl
Flood protection conidor projects-(Y);///;;i/(Y/
-Progress reports, 23:497.10
-Proposals, 23:497.3
-Public hearings, 23:497.8
-Recordkeeping requirements, 23:497.12
-Scope, 23:497.1
Yuba Feather Flood Protection Proeram.
23:499.1-23:499.8
-Definitions, 23:499.2
-Designs for projects. 23:499.4.1
— Application for funding, 23:499.6.1
-Eligible funding activities, 23:499.5
-Environmental compliance, 23:499.6.1
-Feasibility studies, 23:499.4
— Application, 23:499.6
-Funding application and process, 23:499.7
-Geographic area. 23:499.3
-Records, 23:499.8
-Scope, 23:499.1
FORMS
Regional water quality control boards, environmen-
tal checklist form. 23:3782 Appx. A
Underground storage tanks, monitoring system cer-
tification, 23:2714 Appx. VI
Water efficient landscape ordinance, model
-Sample effective precipitation disclosure state-
ment, 23:494
FRAUD
Underground storage tanks, RUST program grant
and loan applicants, 23:3428
FROST DAMAGE AND PROTECTION
Water appropriation for, 23:670, 23:671, 23:689
FUELS
Underground storage tanks, 23:2633, 23:2634
See also UNDERGROUND STORAGE TANKS
FUNDS
Underground storage tank cleanup fund,
23:2803-23:2814.37
G
GARCIA RIVER
Sediment total maximum daily load, 23:3904
GARDENS, PRIVATE
Water appropriation for. 23:660, 23:661
-Reasonably necessary amounts, examples oL
23:697
GASOLINE STATIONS
Underground storage tanks
See UNDERGROUND STORAGE TANKS
GOATS
Waste discharge fees, 23:2200-23:2200.6
GRANTS
See also WATER RESOURCES DEPARTMENT
Flood protection corridor projects,
23:497.1-23:497.12
See also FLOODS AND FLOOD CONTROL
Underground storage tank orphan site cleanup
account, 23:2814.20-23:2814.37
Yuba Feather Flood Protection Program feasibility
studies, 23:499.1-23:499.8
GROUND WATER
Escondido Hydrologic Subarea, quality objectives,
23:3980
Extractions of water
See WATER RESOURCES CONTROL BOARD
Los Angeles Region water quality control plan,
mineral variances, 23:3939.25
Monitoring requirements
-Underground storage tanks, 23:2648
-Waste management units, 23:2550.7
Moosa and Valley Center Hydrologic Subareas,
quality objectives; total dissolved solids,
23:3985
GROUND WATER
CALIFORNIA CODE OF RE(3ULATI0NS
GROUND \Nf<TER-cotitinued
Poway Hydrologic Area, quality objectives; total
dissolved solids, 23:3984
San Diego Region, quality objectives. 23:3982
San Francisco Bay, treated ground water discharges
into, 23:2909
-Exception. 23:3002
Santa Ana Region management zone boundaries
revised, 23:3978
Underground fuel storage tank upgrade require-
ments
See UNDERGROUND STORAGE TANKS, sub-
heading: Upgrades
H
HARBORS
Sewage removal from vessels, marine terminals to
provide facilities, 23:2831
Waste discharge into waters, fees, 23:2236
HAZARDOUS SUBSTANCES
Underground storage tanks, regulation of
See UNDERGROUND STORAGE TANKS
HAZARDOUS WASTES
See also WASTE MANAGEMENT
Classification, 23:2520
-Waste discharge to land, 23:2520 Table 2.1
-Water hazardous constituents for Class 1 waste
management units, 23:2601 Appx. Ill
Definitions, 23:2521
Facilities, 23:2531
Ground water
See GROUND WATER
List of, 23:2601 Appx. Ill
Waste management units
See WASTE MANAGEMENT
Water quality monitoring
See WASTE MANAGEMENT, subheading:
Water quality monitoring
HEARINGS
Drought emergency conditions, 23:767
Flood control study hearings, notice to Reclamation
Board and Water Resources Department,
23:213
Reclamation Board
-Designated floodways, 23:103
-Permits, 23:13
— Appeals, reconsideration hearings, 23:23
Regional water quality control boards
See REGIONAL WATER QUALITY CONTROL
BOARDS
Sewage removal from vessels, pumpout facilities,
23:2833.3, 23:2833.4
Water appropriation
See WATER APPROPRIATION
Water Resources Control Board, 23:648-23:648.8
See also WATER RESOURCES CONTROL
BOARD
Water rights
-Determination, 23:950
-Stockponds, claims, 23:901
HEAVENLY VALLEY CREEK
Water quality control plan amendment to control
sediment load. 23:3953
HORSES
Waste discharge fees, 23:2200-23:2200.6
HOSES
Sewage removal from vessels, 23:2823
HOTELS AND MOTELS
Water appropriation, 23:660, 23:668
-Reasonably necessary amounts, examples of,
23:697
HOUSEBOATS
See BOATS AND BOATING
Sewage removal
See WASTE MANAGEMENT, subheading: Sew-
age removal from vessels
HOUSING
Relocation due to reservoir or dam constiuction
See RESERVOIRS, subheading: Relocation assis-
tance program
Water appropriation, 23:660, 23:668
-Reasonably necessary amounts, examples of.
23:697
HUNTING
Water appropriation for game. 23:666
HYDROELECTRIC PROJECTS
FERC licensed projects, annual fees for, 23:3833.1
Water appropriation, 23:662. 23:677
IMPERIAL VALLEY
Sedimentadon/siltation daily loads and implementa-
tion plans for Niland 2, P, and Pumice drains,
23:3966
INDIAN CREEK RESERVOIR
Water quality control, phosphorus total maximum
daily load, 23:3955
INTERNET
Water Resources Control Board, electronic submis-
sion of information, 23:3890-23:3895
IRRIGATION
Appropiiation of water, 23:661
-Application, map requirement, 23:719
Reclamation Board regulation, 23:122, 23:122 Exh.
2, 23:122 Exh. 3
LAHONTAN REGION
Water quality control plan, 23:3950-23:3954
-Discharge prohibitions, clarification, 23:3958
-Heavenly Valley Creek, amendment to control
sediment load, 23:3953
-Indian Creek Reservoir, phosphorus daily load,
23:3955
-Mojave Hydrologic Unit, San Bernardino County,
waste discharge amendment, 23:3956
-Removal of MUN designations from nine saline
water bodies, 23:3952
-Revisions, 23:3951, 23:3954
-Squaw Creek, total maximum daily load for sedi-
ment. 23:3959
-Walker River watershed, sodium-related stan-
dards, 23:3959.1
LAKE ELSINORE
Nutrient daily loads, 23:3979
LANDFILLS
See also generally WASTE MANAGEMENT
Class I
-Leachate collection and removal systems,
required, 23:2543
-Liner requirements, 23:2541 Fig. 4.1
-Subsurface barriers, 23:2545
Hazardous wastes
See HAZARDOUS WASTES
LANDSCAPE ARCHITECTS
Reservoirs, contracts for, 23:380-23:391
Water resources project contracts, 23:3870-23:3880
LANDSCAPING
Water-efficient landscape model ordinance,
23:490-23:495
-Definitions, 23:491
-Documentation, 23:492, 23:493
-Effective precipitation, 23:494
-Evapotranspiration, by county; table, 23:495
LANDSCAPING-tw;f//u/^a'
Water-efficient landscape model ordi-
nance-continued
-Existing landscapes, 23:493
-New or rehabilitated landscapes, 23:492
-Puipose, 23:490
LAWNS
Water appropriation for, 23:660, 23:661, 23:697
LEASES
Water leases, fees, 23:1067
LEVEES, 23:120-23:137
Abandoned conduit and pipelines, 23:124
-Sealing detail, 23:124 Fig. 8.07
Access ramps to patrol roads, 23:130, 23:130 Fig.
8.08, 23:130 Fig. 8.09
Bank protection system, 23:122 Exh. 4
Bicycle trails, 23:132
Boating facilities, 23:127
Bridges, 23:128
Butte Basin flood plain standards, 23 135, 23:135
Fig. 8.12
Conduit, abandoned, 23:124
-Sealing detail, 23:124 Fig. 8.07
Docks, 23:122 Exh. 4
Fences and gates. 23:126
Miscellaneous encroachments, 23:137
Oversize, 23:131 Fig. 8.10
Patrol roads and access ramps, 23:130. 23:130 Fig.
8.08, 23:130 Fig. 8.09
Pipelines, abandoned
-Sealing detail, 23:124 Fig. 8.07
Reclamation district 1000, supplemental standards,
23:133
Reinforcing detail. "U" wall. 23:123 Fig. 8.05,
23:123 Fig. 8.06
Reservoirs, dams and related structures, 23:119
Retaining walls, 23:125
Roads, patrol roads and access ramps, 23:130,
23:130 Fig. 8.08, 23:130 Fig. 8.09
Standards and terminology, 23:122 E:<.h. 1
Typical floodway, downstream view, 23:120 Fig.
8.01
Vegetation, 23:131
-Ground covers, 23:131 Table 8.4, 23:131 Table
8.5
-Trees, 23:131 Table 8.2, 23:131 Table 8.3
Wells, 23:129
Yolo Bypass flood plain standards, 23:136
Yuba River floodway, 23:117, 23:134 Fig. 8.11
-Borrow and excavation standards, 2.3:1 17
-Daguerre Point Dam to Feather River Confluence,
supplemental standards, 23:134
LICENSING
Underground storage tanks
-Service technicians. 23:2715
-Tank testers. 23:2760-23:2773
Water rights, fees, 23:1066
LINERS
Underground storage tanks
-Interior tank lining, 23:2663
-Membrane hners,'23:2631 Table 3.1
Waste management units, clay liners, 23:2542
-Leachate comparibility testing guide, 23:2601
Appx. I
LIQUID HAZARDOUS WASTEES
See generally HAZARDOUS WASTCS
LIQUID WASTE
Classifications of, 23:2520
-Waste discharge to land, 23:2520 Table 2.1
LIVESTOCK
Stockponds, water rights
See STOCKPONDS
Water appropriation for, 23:669, 23:697
LOMPICO CREEK
Sediment, total maximum daily load ind imple-
mentation plan, 23:3927
LOS ANGELES REGION
See REGIONAL WATER QUALITY CONTROL
BOARDS
TITLE 23 INDEX
PERMfTS
LOS ANGELES RIVER
Water quality control
-Metals, daily load, 23:3939.19
-Nitrogen, daily load and related effects, 23:3939.7
-TraslC daily load, 23:3935
LOS OSOS CREEK
Pathogens, total maximum daily load,
23:3924-23:3925
M
MALIBU CREEK
Bacteria, total maximum daily load, 23:3939.15
MAPS
Waste management units, 23:2595
Water appropriation
Sec WATER APPROPRIATION
MARINA DEL REY
Harbor, toxic pollutants, daily load, 23:3939.21
Mothers" Beach and back basins, bacteria daily
load, 23:3939.4
MARINE TERMINAL OPERATIONS
Sewage removal from vessels, facilities for,
23:2831
MASTER ENVIRONMENTAL ASSESSMENT
Regional water quality control boards, 23:3723
MERCURY
Clear lake water quality control, 23:3945
Water contamination
-San Francisco Bay total maximum daily load,
23:3915
METALS
Ballona Creek and Estuary, total maximum daily
load, 23:3939.24
Ballona Creek and Wetland, total maximum daily
load, 23:3939.20
Calleguas Creek and Mugu Lagoon, total maxi-
mum daily load, 23:3939.23
MINERALS
Los Angeles Region water quality control plan,
variances, 23:3939.25
MINES AND MINING
Water appropriation, 23:664
-Map requirements for application, 23:721
MINORITY-OWNED BUSINESSES
Water Resources Department contracts,
23:392-23:394
MISSION CREEK
Septic tank discharges, prohibition, 23:3965
MOBILE HOMES
Replacement housing for relocated owners or rent-
ers
-Reservoir construction as reason for relocation,
23:370.24-23:370.26
MONITORING
Ground water
See GROUND WATER
Underground storage tanks
See UNDERGROUND STORAGE TANKS
Water quality monitoring
See WASTE MANAGEMENT
MONO LAKE PRESERVATION
Environmental water program, 23:449.1-23:449.11
-Mono Lake Basin provisions, 23:449.4
MORRO BAY
Pathogens, total maximum daily load,
23:3924-23:3925
MOTELS
See HOTELS AND MOTELS
MOTOR VEHICLE FUEL
Underground storage tanks, 23:2633, 23:2634
MOVING EXPENSES
Relocation assistance
-Reservoir construction, 23:370.1 1
MUGU LAGOON
Copper, water-effect ratios, 23:3939.26
Metals and selenium, total maximum daily load,
23:3939.23
Nitrogen, total maximum daily load, 23:3939.2
Organochiorine pesticides, PCBs, and siltation total
maximum daily loads. 23:3939.17
Toxicity, chlorpyrifos. and diazinon total maximum
daily loads, 23:3939.16
N
NAPA RIVER WATERSHED
Pathogens, total maximum daily load and imple-
mentation plan, 23:3918
NAPA VALLEY
Water appropriation, application for, 23:735
NATIONAL POLLUTANT DISCHARGE ELIMINA-
TION SYSTEM REQUIREMENTS (NPDES)
San Diego Region water quality control plan,
authorization of compliance time schedules,
23:3989.6
San Francisco Bay Region water quality control
plan, implementation measures updated^
23:3914 '^
Santa Ana Region water quality control plan,
authorization of compliance time schedules,
23:3970-23:3976
NATURAL RESOURCES
Conservation
See ENERGY CONSERVATION
Protection
See ENVIRONMENTAL QUALITY ACT OF
CALIFORNIA
Water
See specific headings starting with "WATER"
NEWPORT BAY/SAN DIEGO CREEK WATER-
SHED
Water quality control
-Fecal coliform bacteria, maximum daily load,
23:3975
-Nutrients, maximum daily load, 23:3974
-Sediment, maximum daily load, 23:3973
NEW RIVER
Water quality control
-Pathogens total maximum daily load, 23:3962
-Sedimentation/siltation total maximum daily load,
23:3963
-Trash, total maximum daily load and implementa-
tion plan, 23:3967
NITRATE
Santa Ana Region, water quality objectives,
23:3978
NITROGEN
Water contamination
-Santa Ana Region, water quality objectives,
23:3978
Water quality control
-Calleguas Creek and Mugu Lagoon, 23:3939.2
-Los Angeles River, daily load, 23:3939.7
-Rainbow Creek, daily loads, 23:3989.3
-Santa Clara River, daily load, 23:3939.6
NONPROFIT ORGANIZATIONS
Flood protection corridor projects.
23:497.1-23:497.12
See also FLOODS AND FLOOD CONTROL
NORTH COAST REGION, 23:3900-23:3904
NOTICE
Flood control study hearings by corps of engineers,
23:213
Flood plain management, need for regulations;
notice to agencies, 23:212
NOJ\CE-continued
Flood prevention projects, notice to Reclamation
Board and Water Resources Department,
23:214
Reclamation Board
-Designated flood ways, 23:103
-Flood control study hearings by corps of engi-
neers, 23:213
-Permit applications, notice to contiguous land-
owners, 23:9
Regional water qualitv control boards
See REGIONAL WATER QUALITY CONTROL
BOARDS
Reservoirs, notice of preliminary eligibility for
financial assistance for local projects, 23:415
Sewage removal from vessels, additional pumpout
faciHties, notice of need, 23:2833.2
Soil conservation projects, 23:214
Underground storage tanks, correction of signifi-
cant violations, 23:2717.4
Underground storage tank testers, change of
address, 23:277^3
Water appropriation
See WATER APPROPRIATION
Water quality certifications, 23:3858
Water Resources Control Board
See WATER RESOURCES CONTROL BOARD
Water resources department, electric power revenue
determination
-Opportunity to submit comments, 23:512
-Significant additional material relied upon, 23:513
Watershed protection projects, notice requirements,
23:214
NUTRIENT POLLUTION
Big Bear Lake, daily load for dry hydrologieal con-
ditions, 23:3979.2
Canyon Lake, daily loads, 23:3979
Lake Elsinore, daily load, 23:3979
Newport Bay/San Diego Creek watershed, daily
load, 23:3974
o
OIL AND GAS
Underground storage tanks
See UNDERGROUND STORAGE TANKS
OLD ALAMO CREEK
Drinking water policy, exception, 23:2919
Water quality, designation of 4 beneficial uses,
23:3948
ORDERS
Cease and desist orders
See CEASE AND DESIST ORDERS
OXNARD FOREBAY
Septic system prohibition, water quality control
plan, 23:3934
PARKS AND RECREATION
Boating
See BOATS AND BOATING
PCBs
Calleguas Creek and Mugu Lagoon, total maxi-
mum daily loads, 23:3939.17
PERMITS
Fishing in dammed waters, 23:781
Floodway and levee encroachments
See RECLAMATION BOARD
Solid waste facilities
See SOLID WASTE
Underground storage tanks, 23:2710-23:2712
PERMITS
CALIFORNIA CODE OF RECJULATIONS
PERmTS-amtiiuied
Water appropriation
Sec WATER APPROPRIATION
Water permits, annual fees, 23:1066
PEST CONTROL OPERATIONS, AGRICUL-
TURAL
Runoff, Sacramento and Feather Rivers, objectives,
23:3947
PESTICIDES
Organochlorine, total maximum daily loads in Cal-
leguas Creek and Mugu Lagoon, 23:3939.17
PHOSPHORUS
Water quality control
-Indian Creek Reservoir, daily loads, 23:3955
-Rainbow Creek, daily loads, 23:3989.3
PIPELINES
Levee encroachment requirements, 23:124, 23:124
Fig. 8.07
PLANTS
Evapotranspiration, by county; table, 23:495
Gardens, water appropriation, 23:660, 23:661
-Reasonably necessary amounts, examples of,
23:697
Reclamation Board, vegetation requirements
See RECLAMATION BOARD
PLANTS, INDUSTRIAL
Water appropriation, 23:665
POLLUTION
Hazardous wastes
See HAZARDOUS WASTES
Solid waste
See SOLID WASTE
Water pollution
See WATER POLLUTION AND CONTROL
POLLUTION CONTROL FINANCING AUTHOR-
ITY
Certification of projects, 23:3862-23:3864
See also REGIONAL WATER QUALITY CON-
TROL BOARDS, subheading: Certifications
PORTS
Sewage removal from vessels, marine terminals to
provide facilities, 23:2831
Waste discharge into waters, fees, 23:2236
POULTRY AND POULTRY PRODUCTS
Waste discharge fees, 23:2200-23:2200.6
PROCUREMENT, STATE
Minority- and women-owned businesses
-Water Resources Department, 23:392-23:394
PUBLIC UTILITIES COMMISSION
Water appropriation, jurisdiction, 23:732
PUBLIC WATER SYSTEM
Appropriadon for human consumption, 23:660
Summary of water quality enforcement regulations,
23:2910
Waste discharge, 23:2908
-Investigation, cleanup, and abatement, 23:2907
— Designation of containment zones, 23:2911
-Summary of water quality enforcement regula-
tions, 23:2910
-Treated ground water discharges to San Francisco
Bay, 23:2909
PUBLIC WORKS
Environmental impact reports
See ENVIRONMENTAL IMPACT REPORTS
Landscaping
See LANDSCAPING
Relocation due to reservoir or dam construction
See RESERVOIRS, subheading: Relocation assis-
tance program
Q
QUAIL VALLEY
Septic systems, phased prohibition of, 23:3979.3
R
RAINBOW CREEK
Water quality, nitrogen and phosphorus daily loads,
23:3989.3
RECLAMATION
Water
See RECLAMATION BOARD; WASTEWATER
AND WASTEWATER TREATMENT
RECLAMATION BOARD
Abandoned conduit and pipehnes, 23:124
-Sealing detail, 23:124 Fig. 8.07
Access ramps to patrol roads, 23:130, 23:130 Fig.
8.08, 23:130 Fig. 8.09
Authority, 23:1
Bicycle trails, 23:132
Boating facilities, 23:127
Borrow and excavarion acdvities, 23:116
-Lower San Joaquin River Flood Control Project,
23:118
-Yuba River supplemental standards, 23:117
Bridges, 23:128
Butte Basin flood plain standards, 23:135, 23:135
Fig. 8.12
Conduit, 23:123
-Abandoned conduit, 23:124
—Sealing detail, 23:124 Fig. 8.07
Dams and related structures, 23:1 19
Designated floodways, 23:101-23:107
-Board responsibility, 23:101
-Criteria for designation, 23:102
-Definitions, 23:201
-Hearings, 23:103
-Maps, availability of, 23:105
-Modifications to floodways, 23:106
-Notice and hearings, 23:103
-Permitted uses, 23:107
-Recording requirements, 23:104
Drainage ditches, 23:122
Dredged, spoil, and waste material, 23:115
Emergency permits, 23:17
Encroachments
-Existing encroachments within an adopted flood
control plan, 23:108
-Miscellaneous, 23:137
-Standards of design and construction, 23:11 1
Environmental Quality Act regulations,
23:190-23:193
-Encroachments
See Encroachments, this heading
-Exempt activities, 23:193
-Fees, negative declaration or EIR, 23:192
-Incorporation by reference. 23:191
-Purpose and authority, 23:190
Erosion control, 23:121
-Rock, 23:121 Fig. 8.01
-Sacked concrete, 23:121 Fig. 8.02
Existing dwellings within adopted flood control
plan, 23:113, 23:114
Fees, negative declaration or environmental impact
report (EIR), 23:192
Fences and gates, 23:126
Flood control study hearings by corps of engineers,
notice to, 23:213
Flood plain management
See FLOOD PLAIN MANAGEMENT
Floodways
See Designated floodways, this heading
RECLAMATION BOARD-coiinmied
Forms, sample permit application, 23 193 Appx. A
General manager, authority and powers, 23:5
Hearings
-Designated floodways, 23:103
-Permits. 23:13
— Appeals, reconsideration hearings, 23:23
Intent, 23:3
Irrigation and drainage ditches, 23:122, 23:122
Exh. 2, 23:122 Exh. 3
Levees, 23:120-23:137
See also LEVEES
Miscellaneous encroachments, 23:137
Mobile home parks, 23:114
Noncompliance by public agency, notification,
23:216
Patrol roads and access ramps, 23:130, 23:130 Fig.
8.08, 23:130 Fig. 8.09
Permits
-Appeals, 23:12
— Reconsideration hearings, 23:23
-Apphcations, 23:6-23:23
— Acknowledgment of receipt, 23:9
— Denial criteria, 23:15
— Endorsement by local maintaining agency, 23:7
— Environmental review requirements, 23:10
— Form and content, 23:8
— General information, 23:193 Appx. A
— Mandatory requirements, 23:6
— Notice, contiguous landowners, 23:9
— Sample forms, 23:193 Appx. A
-Conditions. 23:16
-Decisions by Board. 23:14
— Reconsideration hearings, 23:23
-Emergencies, 23:17
-Flood season, nonpermissible work periods,
23:112, 23:120 Table 8.1
-Hearings, 23:13
-Nonpermissible work periods, flood season,
23:112, 23:120 Table 8.1
-Plan revisions, 23:18
-Review, public rights and procedures, 23:109,
23:110
-Sacramento and San Joaquin Drainage District
approval requirements, 23:19
-Sample forms, 23:193 Appx. A
-Streams affecting, 23:112
-Variances, 23:11
Pipelines, 23:123
-Abandoned pipelines, 23:124
— Sealing detail, 23:124 Fig. 8.07
Purpose and scope, 23:2
Reclamation district 1000, supplemenial standards,
23:133
Recordkeeping
-Access to, 23:202
-Designated floodways, 23:104
Recreational vehicle parks, 23:114
Reservoirs, dams and related stmctures, 23:1 19
Retaining walls, 23:125
Review, pubUc rights and procedures, 23:109,
23:110
Roads, patrol roads and access ramps, 23:130,
23:130 Fig. 8.08, 23:130 Fig. 8.09
Sacramento and San Joaquin Drainage District,
permit approval requirements, 23:19
Sacramento-San Joaquin delta
-Legal and service area boundaries, 23:123 Fig.
8.04
Septic systems, 23:122
Tile drains, 23:122
Utility lines, 23:123
Vegetation, 23:131
-Ground covers, 23:131 Table 8.4, 23:131 Table
8.5
-Trees, 23:131 Table 8.2, 23:131 Table 8.3
Wells, 23:129
Yolo Bypass flood plain standards, 23:136
Yuba River floodway, 23:117, 23:134 Fig. 8.11
-Borrow and excavation standards, 23:117
-Daguerre Point Dam to Feather River Confluence,
supplemental standards, 23:134
-Low water profile, 23:117 Graph 8.1
TITLE 23 INDEX
REGIONAL WATER QUALITY CONTROL BOARDS
7
RECORDKEEPING REQUIREMENTS
Hnvironmental impact reports
Sec HNVIRONMENTAL IMPACT REPORTS
Flood protection corridor projects, 23:497.12
Hazardous wastes
Sec HAZARDOUS WASTES
Reclamation Board
-Access to, 23:202
-Designated floodways, 23:104
Regional water quality control boards
-Meetings, 23:647.4. 23:647.5
Underground storage tanks
See also UNDERGROUND STORAGE TANKS
-Cleanup fund, 23:2809.1
Waste management units, 23:2591
Water Resources Control Board
Sec WATER RESOURCES CONTROL BOARD
Water Resources Department, access to records,
23:202
Yuba Feather Flood Protection Program. 23:499.8
RECREATIONAL ACTIVITIES
Boats and boating
See BOATS AND BOATING
Water appropriation, 23:668
REGIONAL WATER QUALITY CONTROL
BOARDS
Adjudicative proceedings, 23:648-23:648.8
-Alternative dispute resolution, 23:648.6
-Enforcement orders and sanctions, 23:648.8
-Evidence, 23:648.3, 23:648.5.1
-Exhibits, 23:648.4
-Informal hearings, 23:648.7
-Laws governing, 23:648
-Notice, 23:648.2
-Order of proceedings, 23:648.5
-Parties and other interested persons, 23:648.1
-Sanctions and enforcement orders, 23:648.8
-Testimony, 23:648.4
-Witnesses, 23:648.4
Alternative dispute resolution, 23:648.6
Appeals
See Hearings, this heading
Applications
-Certifications
See Certifications, this heading
-Environmental Quality Act of California
See Environmental Quality Act of California,
implementation, this heading
-Petitions for state board reconsideration,
23:3867-23:3869
Beneficial uses. North Coast Region, 23:3905
Board members, 23:644.1
Central Coast Region, 23:3920
-Beneficial use definitions, revised, 23:3921
-Monitoring and assessments, plan amendments,
23:3926
-Morro Bay, pathogens, total maximum daily load,
23:3924-23:3925
-San Lorenzo River
— Nitrate, numeric objective removed, 23:3923
— Sediment, total maximum daily load and imple-
mentation plan, 23:3927
— Watershed Wastewater Management Plan,
23:3922
-San Luis Obispo Creek
— Pathogens, total maximum daily load and imple-
mentation plan, 23:3928
Central Valley Region, 23:3940-23:3946
-Clear Lake, control of mercury, 23:3945
-Deer Creek, site specific objectives
—Temperature, 23:3944.1, 23:3944.2
—Turbidity and pH, 23:3944
-Diazinon and chlorpyrifos runoff, 23:3949.4
-Old Alamo Creek, designation of 4 beneficial
uses, 23:3948
-Sacramento River and San Joaquin River Basin
Plan, 23:3940
— Clear Lake, controJ of nutrients, 23:3949.3
— Sacramento and Feather Rivers, diazinon and
orchard pesticide runoff discharges, 23:3947
— Updates and corrections, 23:3946
-San Joaquin River, diazinon and chlopyrifos run-
off, 23:3949
REGIONAL WATER QUALITY CONTROL
BOARDS-i-ontimied
Central Valley Region-co)itinued
-Tulare Lake Basin, revised Water Quality Control
Plan
— Updates and coirections, 23:3946
Certifications
-Applications, 23:3832-23:3836
— Additional information, 23:3836
— Amendments to, 23:3834
— Completeness, 23:3835
—Fees, 23:3833
— Number of copies, 23:3832
—Pollution control, 23:3862-23:3864
—Refunds, 23:3833
— Tax application form, 23:3841
—Water quaUty, 23:3855-23:3859
-Authority of executive director, officers, and
regional boards, 23:3838
-Definitions, 23:3831
-Denial of, 23:3837
-Pollution control
— Application
Contents, 23:3863
Filing, 23:3862
Review, 23:3864
— Issuance, 23:3864
-Purpose, 23:3830
-Review of regulations, 23:3830
-Tax
— Action of regional board, 23:3844
— Application form, 23:3841
— Compliance with federal regulations, 23:3841
— Fifing application, 23:3842
— Issuance of, 23:3845
— Waste discharge reports, 23:3843
-Water quality applications
— Contents, 23:3856
—Fees, 23:3860
—Filing, 23:3855
— General certification for class of activities,
23:3861
— Hearings, 23:3858
— Hydroelectric facilities, applicability, 23:3860
— Modification or revocation, 23:3860
— PubHc notice, 23:3858
— State board action, 23:3859
— Waste discharge requirements, 23:3857
Colorado River Basin Region, 23:3960-23:3966
-Alamo River, sedimentation/siltation daily load,
23:3961
-Cathedral City Cove, septic tank discharge prohi-
bitions, 23:3964
-Desert Hot Springs, septic tank discharge prohibi-
tions, 23:3965
-Imperial Valley drains, sedimentation/siltation
daily load, 23:3966
-Mission Creek, septic tank discharge prohibitions,
23:3965
-New River
— Pathogens, daily load, 23:3962
— Sedimentation/siltation, daily load, 23:3963
— Trash, total maximum daily load and implemen-
tation plan, 23:3967
-Water quality control plans, 23:3960
Definitions
-Board membership, 23:644.1
-Central Coast Region; beneficial use definitions,
revised, 23:3921
-Certifications, 23:3831
-Environmental quality act of California, imple-
mentation, 23:3721
-Rulemaking, 23:649
Enforcement regulations, summary of, 23:2910
Environmental quality act of California, implemen-
tation, 23:3720-23:3782
-Applications
— Completeness, determination of, 23:3761
—Denial, 23:3742
— Information required, 23:3740, 23:3741
— Limitation of requirements, 23:3742
-Availability of environmental documents, 23:3762
-Compfiance with time limitations, 23:3722
-Definitions, 23:3721
REGIONAL WATER QUALITY CONTROL
BOAr^DS-foiiliinied
Environinental quality act of California, iniplcnicn-
taUon-contiiuied
-Environmental assessment. 23:3723
-Environmental checklist form. 23:3782 Appx. A
-Environmental documents
— Availability. 23:3762
— Charges for preparation. 23:3764
-Exempt regulatory programs, 23:3775-23:3782
— Appficability, 2.3:3775
—Approval, 23:3780
— Certification by secretary of resources. 23:3775
—Consultation. 23:3778
— Documentation
Regulations or plans, required, 23:3777
Use permit or entitlement, required, 23:3776
— Notice of decision, 23:3781
— Response to comments, 23:3779
-Grants
— Environmental impact information required.
23:3750
— Limitation on funding, 23:3751
-Hearings, 23:3763
-Master environmental assessment, 23:3723
-Ministerial project exemption. 23:3730
-Notice of decision, 23:3781, 23:3782 Appx. R
-Notice of exempt regulatory programs. 23:3782
-Notice of filing, 23:3782 Appx. C
-Processing environmental documents,
23:3760-23:3764
-Pubfic participation, 23:3763
-Purpose, 23:3720
-Time fimits, 23:3760
— Compliance, 23:3722
-Waste discharge
—Applications, 23:3740-23:3742
Denial or limitation of requirements, 23:3742
Information required, 23:3740, 23:3741
— Requirement, 23:3733
Escondido Hydrologic Subarea
-Ground water quality objectives, 23:3980
Grants
-Environmental impact information required,
23:3750
-Linutation on funding, 23:3751
Hearings
-Subpoenas, 23:649.6
Informational proceedings, 23:649-23:649.5
-Notice of, 23:649.2
Investigation, cleanup, and abatement of dis-
charges, 23:2907
-Designation of containment zones, 23:291 1
Lahontan Region, 23:3950
-Beneficial uses, amendment, 23:3957
-Carson River watershed, sodium-related standards,
23:3959.1
-Discharge prohibitions, clarification, 23:3958
-Heavenly Valley Creek, amendment to control
sediment load, 23:3953
-Indian Creek Reservoir, phosphorus daily load.
23:3955
-Mojave Hydrologic Unit, San Bernardino County,
waste discharge amendment, 23:3956
-Removal of MUN designations from nine saline
water bodies, 23:3952
-Revisions, 23:3951, 23:3954
-Squaw Creek, total maximum daily load for sedi-
ment, 23:3959
-Walker River watershed, sodium-related stan-
dards, 23:3959.1
Listing requirements of Clean Water Act Section
303(d), compliance, policy, 23:2916
Los Angeles Region water quality control plan,
23:3930
-Ammonia
— Effluent limits within TMDL for nitrogen com-
pounds, 23:3939.11
— Inland surface water objectives, 23:3939.1,
23:3939.9, 23:3939.22
-Bacteria objectives, revision, 23:3937
-Ballona Creek and Wetland
— Bacteria, daily load, 23:3939.24
— Metals, daily load, 23:3939.20
8
REGIONAL WATER QUALITY CONTROL BOARDS
CALIFORNIA CODE OF RECiULATIONS
REGIONAL WATER QUALITY CONTROL
BOARDS-contiinied
Los Angeles Region water quality control
plan-continued
-Ballona Creek and V^tH\and-continiied
— Toxic pollutants in sediment, daily load,
23:3939.18
—Trash, daily load, 23:3936,
23:3939.13-23:3939.14
-Calleguas Creek and Mugu Lagoon
— Copper, water-effect ratios, 23:3939.26
— Metals and selenium, total maximum daily load,
23:3939.23
— Nitrogen load, 23:3939.2
— Organochlorine pesticides, PCBs, and siltation
total maximum daily loads, 23:3939.17
— Toxicity, chlorpyrifos, and diazinon total maxi-
mum daily loads, 23:3939.16
-Compliance schedule policy, 23:3939.3
-Early Life Stage implementation provision of
inland surface water ammonia objectives,
23:3939.22
-Groundwater mineral quality variances,
23:3939.25
-Los Angeles Harbor, bacteria daily load,
23:3939.12
-Los Angeles River
—Metals^, daily load, 23:3939.19
— Nitrogen compounds, daily load and related
effects, 23:3939.7
—Trash, daily load. 23:3935
-Malibu Creek, bacteria total maximum daily load,
23:3939.15
-Marina del Rey
— Harbor, toxic pollutants, daily load, 23:3939.21
— Mothers' Beach and back basins, bacteria load,
23:3939.4
-Mugu Lagoon
— Nitrogen load, 23:3939.2
— Organochlorine pesticides, PCBs, and siltation
total maximum daily loads, 23:3939.17
— Toxicity, chlorpyrifos, and diazinon total maxi-
mum daily loads, 23:3939.16
-Recreational beneficial uses suspended during
unsafe wet weather conditions, 23:3939.5
-Removal of municipal and domestic beneficial use
designation from two areas, 23:3932
-Revision of surface water quality objectives,
23:3931
-San Gabriel River, East Fork, daily trash load,
23:3933
-Santa Clara River
— Chloride water quality objective, 23:3939.8,
23:3939.10
— Nitrogen load, 23:3939.6
-Santa Monica Bay Beaches, 23:3938, 23:3939
-Septic system prohibition in Oxnard Forebay,
23:3934
-Sepulvada Channel, bacteria, daily load,
23:3939.24
Meetings, 23:647-23:647.5
-Agenda requirements, 23:647.2
-Emergency conditions, 23:647.2
-Minutes of, 23:647.5
-Notice requirements, 23:647.2
-Pubhc comments, 23:647.3
-Recording, 23:647.4
-Regulation of, purpose, 23:647
-Scheduling, 23:647.1
Nonpoint source pollution control policy, 23:2915
North Coast Region, 23:3900
-Beneficial uses chapter updated, 23:3905
-Compliance schedules, 23:3906
-Garcia River, sediment total maximum daily load,
23:3904
-Mad, Eel and Russian Rivers, 23:3901
-Onsite waste treatment and disposal practices,
23:3903
-Shasta River Watershed, total maximum daily
loads for dissolved oxygen and water temper-
ature, 23:3908
-Storm water discharges, 23:3902
Notice
-Adjudicative proceedings, 23:648.2
REGIONAL WATER QUALITY CONTROL
BOARDS-co/;///;mc^
NoUcc-con tinned
-Environmental quality act of California require-
ments
See EnvironiTiental quality act of California,
implementation, this heading
-Informational rulemaking proceedings, 23:649.2
-Meetings, 23:647.2
-Right to petition for review of actions, 23:2068
-Water Resources Control Board, review of action
by, 23:2055
Order of proceedings, 23:648.5
Petitions for state board reconsideration,
23:3867-23:3869
Pollution control certifications
See Certifications, this heading
Quality of water, summary of enforcement regula-
tions, 23:2910
Records of meetings, 23:647.4, 23:647.5
Reporting requirements
-Tax certifications, waste discharge reports,
23:3843
-Waste discharge to land, 23:2590
Review of action by state Water Resources Control
Board, 23:2050-23:2068
Rulemaking proceedings, 23:649-23:649.5
-Defined. 23:649
-Evidence, preparation, 23:649.4
-Order of procedure, 23:649.3
-Questioning. 23:649.5
-Scope, 23:649
-Subpoenas, 23:649.6
Sacramento River Water Quality Control Plan,
23:3940
-Amendment, 23:3941. 23:3943
San Diego Region, 23:3983
-Chollas Creek Watershed, diazinon total maxi-
mum daily load, 23:3989.1
-Cold freshwater habitat beneficial use designa-
tions, revisions, 23:3988
-Effluent enforcement actions, suspension due to
water supply considerations, 23:3986
-Ground water quality objectives, 23:3982
-Moosa and Valley Center Hydrologic Subareas
— Ground water quality objectives, total dissolved
solids, 23:3985
-NPDES compliance, authorization of time sched-
ules, 23:3989.6
-Pauba Hydrologic Subarea, 23:3981
-Poway Hydrologic Area
— Ground water quality objectives, total dissolved
solids, 23:3984
-Rainbow Creek watershed, nitrogen and phospho-
rus daily loads, 23:3989.3
-Recycled wastewater discharges, exception to pro-
hibition. 23:3987
-Revisions, 23:3983
-Spawning/reproducfion beneficial use designa-
tions, revisions, 23:3988
-Unnamed or unidentified water bodies added to
beneficial use tables, 23:3989.4
-Waste discharge waivers, 23:3989
-Wolf Hydrologic Subarea, 23:3981
San Francisco Bay Region
-Amendment of water quaUty objectives, NPDES
implementation measures, 23:3914
-Copper and nickel, south of Dumbarton Bridge,
23:3913
-Mercury, total maximum daily load. 23:3915
-Napa River watershed, total maximum daily load
and implementation plan for pathogens,
23:3918
-Sonoma Creek watershed, total maximum daily
load and implementation plan for pathogens,
23:3919
-Tomales Bay Watershed, total maximum daily
load for pathogens, 23:3916
-Urban creeks, diazinon and pesticide-related tox-
icity, water quality attainment, 23:3917
-Urban runoff pollution control, 23:3911
-Wastewater used for creation of wetlands,
23:3910
-Water Quality Control Plan overall, 23:3912
REGIONAL WATER QUALITY CONTROL
BOARDS-contimied
San Francisco Bay Region-iontinued
-Wetlands
— Urban runoff pollution control, use of con-
structed wetlands for, 23:3911
— Wastewater used for creation of, 23:3910
San Francisco/Sacramento-San Joaquin Delta Estu-
ary, 23:3002
-Treated around water discharges to ;5an Francisco
Bay? 23:2909
San Joaquin River Water Quality Cortrol Plan,
23:3940
-Amendment, 23:3941, 23:3943
Santa Ana Region, 23:3970
-Bacterial water quality objectives, revision,
23:3972
-Basin plan amended to include schedules of
NPDES compliance, 23:3976
-Big Bear Lake, nutrient daily load fcir dry hydro-
logical conditions, 23:3979.2
-Canyon Lake, nutrient daily loads, 2^:3979
-Groundwater management zone boundaries
revised, beneficial use designatic'ns,
nitrate-nitrogen water quality ob ectives.
23:3978
-Lake Elsinore, nutrient daily loads, 23:3979
-Middle Santa Ana River watershed, bacterial indi-
cators, 23:3979.1
-Newport Bay/San Diego Creek watershed
— Fecal coliform bacteria, maximum ilaily load,
23:3975
— Nutrients, maximum daily load, 23:3974
— Sediment, maximum daily load, 23:3973
-Quail Valley, phased prohibition of septic sys-
tems, 23:3979.3
-San Diego Creek and Upper Newport Bay, chlor-
pyrifos and diazinon loads, 23:3977
-Schedules of NPDES compliance, amendments,
23:3970-23:3976
-Subsurface disposal systems, 23:3971
Sewage removal from vessels
See WASTE MANAGEMENT, subh2ading: Sew-
age removal from vessels
Subpoenas, 23:649.6
Summary of water quality enforcement regulations,
23:2910
Tax certifications
See Certifications, this heading
Toxic hot spot cleanup plans
-Consolidated, 23:2913
Toxics standards for inland surface waters,
enclosed bays, and estuaries, 23:2914,
23:2914.5, 23:2917
Tulare Lake Basin, revised Water Quality Control
Plan, 23:3942
Waste discharge requirements
See WASTE MANAGEMENT, subh(;ading:
Waste discharge into waters
Waste management units
See WASTE MANAGEMENT,, subh(;ading:
Waste management units
Wastewater treatment plants, classification
See WASTEWATER AND WASTEWATER
TREATMENT
Water quality enforcement, summary cF regula-
tions, 23:2910
Water quality monitoring
See WASTE MANAGEMENT, subhcjading:
Water quality monitoring
REGISTRATION
Stockponds, fees, 23:1068
Wastewater contract operators, 23:371: -23:3719
RELOCATION ASSISTANCE
Reservoir or dam construction, due to
See RESERVOIRS, subheading: Relocation assis-
tance program
RENT
Relocation due to reservoir construction, assistance
program. 23:370.18, 23:370.20, 23:370.21
REPLACEMENT HOUSING
Relocation due to reservoir or dam coristruction
See RESERVOIRS, subheading: Relocation assis-
tance program
TITLE 23 INDEX
SAN FRANCISCO BAY AND BAY AREA
REPORTING REQUIREMENTS
l{nvironmental impact reports
.SV^' KNVIRONMKNTAL IMPACT RKPORTS
Flood protection corridor projects, progress reports,
23:497.10
Hazardous waste discharge into waters, reportable
quantities, 23:2251
Regional water quality control boards
-Tax certifications, waste discharge reports,
23:3843
-Waste discharge to land, 23:2590
Safe drinking water bond law of 1976, legislative
report, 23:474
Sewage discharge into waters, reportable quantity,
23:2250
Underground storage tanks
See UNDERGROUND STORAGE TANKS
Waste discharge into waters
-Kxcess wastes, 23:2260
-Hazardous, reportable quantities, 23:2251
-Sewage, reportable quantities, 23:2250
Waste manasement
See WASTE MANAGEMENT
Wastewater treatment and reclamation, 23:3676
Water appropriation
-Measurement of conditions, progress reports,
23:847, 23:848
Water Resources Control Board
See WATER RESOURCES CONTROL BOARD
Water Resources Department
-Loans, feasibility report, 23:435-23:437
-Local project construction loan and grant applica-
tions
— Feasibility report, contents, 23:421
— Report by department, 23:424
RESERVOIRS
Appeals, relocation assistance program, 23:370.10
Architectural and engineering firms
-Announcement of request for qualifications,
23:384
-Conflict of interest, 23:391
-Contracts
—Bidding, 23:389
--Negotiation, 23:386
-Estimate of value of services, 23:383
-Evaluation of quahfications, 23:385
-Exclusions, 23:390
-Negotiation of contract, 23:386
-Prohibited practices, 23:391
-Request for qualifications, announcement, 23:384
-Selection, 23:385
— Announcements for statement of qualifications
and performance data, 23:381.1
—Criteria, 23:382
—Definitions, 23:381
— Regulations, purpose and scope, 23:380
-Service agreements, exclusions, 23:390
Construction or enlargement
-Applications
— Automatic approval, 23:313
— Completeness criteria, 23:311
—EIRS required, 23:310
— Failure to comply with information request,
23:311
—Fees, 23:314
— Filing requirements, 23:310
— Terms and conditions, 23:312
— Waiver of information requirements, 23:311
-Plans and specifications to be prepared by civil
engineer, 23:304
-Supervision by civil engineer required, 23:305
-Water rights, evidence of necessary, 23:303
Definitions, 23:301, 23:322
Architectural and engineering firms, selection,
23:381
-Dwellings, decent, safe and sanitary, 23:370.04
Relocation assistance program, 23:370
-Small dam, 23:322
Department-owned, consulting board,
23:330-23:333
Displaced persons due to construction of
See Relocation assistance program, this heading
Division of safety of dams, small dams review
board request, 23:323
BESER\/OmS~c ontiiiiied
Encroachments, Reclamation Board, 23:119
Engineering firms
See Architectural and engineering firms, this
heading
Fees
-Annual, 23:315
-Applications, filing fee, 23:314
-Delinquent payment of annual fee, penalty,
23:315
-Inoperative dam, determination of for annual fee
purpose, 23:316
-Small dam review board review, filing fee, 23:323
Floodway encroachments. Reclamation Board,
23:119
Grants
See generally WATER RESOURCES DEPART-
MENT, subheading: Grants
Inoperative, deterinination; for purpose of annual
fee assessment, 23:316
Levee encroachments. Reclamation Board, 23:119
Loans
See WATER RESOURCES DEPARTMENT, sub-
heading: Loans
Notice
-Financial assistance for local projects, preliminary
determination of eligibility, 23:415
Purpose of regulations, 23:302
Reclamation Board
-Floodway and levee encroachments, 23:119
-Regulation, 23:119
Relocation assistance program, 23:370-23:370.40
-Acquisition policies, 23:370.40
-Advertising signs, moving expenses, 23:370.15
-Appeals, 23:370.10
-Application, 23:370.10
-Business, defined, 23:370
-Businesses and farms, moving expenses,
23:370.11,23:370.13
-Definitions, 23:370
-Displaced person, defined, 23:370
-Dwellings, standards for, 23:370.04
-Eligibility for benefits, 23:370.03
-Escrow, payments in, 23:370.10
-Eviction policy, 23:370.02
-Filing for payments, time Umit, 23:370.10
-Housing
— Last resort, 23:370.27
— Mobile homes, acquisition requirements,
23:370.24-23:370.26
—Rehabilitation. 23:370.28
— Rental differential payments, 23:370.18,
23:370.20, 23:370.21
— Replacement payments, 23:370.16, 23:370.17,
23:370.19, 23:370.22
— Sleeping room, replacement payments,
23:370.23
— Temporary moves for rehabilitation, 23:370.28
-Individuals and families, moving expenses,
23:370.11,23:370.12
-Moving and related expenses, 23:370.11,
23:370.15
—Defined, 23:370
-Nonprofit organizations, moving expenses,
23:370.14
-Payments, 23:370.10-23:370.28
-Relocation appeals board, 23:370.10
-Replacement payments, 23:370.16, 23:370.17
— Standards for decent, safe and sanitary,
23:370.04
Small dams review board, 23:320-23:325
-Board review, conduct, 23:323-23:325
-Division of safety of dams, review request,
23:323
-Members, 23:320
Storage of water, 23:658
Water appropriation
See generally WATER APPROPRIATION
RESORTS
Water appropriation, 23:660
RESOURCE CONSERVATION COMMISSION
Flood prevention and watershed protection projects,
planning
RESOURCE CONSERVATION COMMIS-
S\OH-<()ntimted
Flood prevention and watershed protection projects
planning-cr;/////;HCf/
-Notice to Reclamation Board and Water
Resources Department, 23:214
RIVERS AND STREAMS
See also specific river by name
Flood control
See FLOOD PLAIN MANAGEMFINT; RECLA-
MATION BOARD
Floodways
See RECLAMATION BOARD
Levees
See LEVEES
Urban creeks program
-Applications, 23:451.4
-Contract requirements, 23:451.6
-Definitions, 23:451.1
-Priority, 23:451.5
-Purpose of program, 23:451.2
-Types of projects, 23:451.3
Waste discharge
See WASTE MANAGEMENT, subheading:
Waste discharge into waters
RUBBISH
See SOLID WASTE
RULEMAKING
Regional water quality control boards,
23:649-23:649.5
Water Resources Control Board, 23:649-23:649.5
SACRAMENTO RIVER
Water Quality Control Plan, 23:3940
-Amendment, 23:3941, 23:3943
-Chlorpyrifos runoff, 23:3949.4
-Clear Lake, control of nutrients, 23:3949.3
-Diazinon and orchard pesticide runoff discharges,
23:3947, 23:3949.4
-Updates and corrections, 23:3946
SACRAMENTO-SAN JOAQUIN DELTA
Legal and service area boundaries, 23:123 Fig. 8.04
Water quality control plan, 23:3002
SAFE DRINKING WATER BOND LAW
See WATER RESOURCES DEPARTMENT, sub-
heading: Grants
SAFE DRINKING WATER GRANT PROGRAM
See WATER RESOURCES DEPARTMENT, sub-
heading: Grants
SAN BERNARDINO COUNTY
Mojave Hydrologic Unit, waste discharges, water
quality control plan amendment, 23:3956
SAN DIEGO COUNTY
Regional water quality control board
See REGIONAL WATER QUALITY CONTROL
BOARDS
SAN DIEGO CREEK
Chlorpyrifos and diazinon daily loads, 23:3977
SAN DIEGO REGION
See REGIONAL WATER QUALITY CONTROL
BOARDS
SAN FRANCISCO BAY AND BAY AREA
Regional Water Quality Control Board, 23:3910,
23:3911
Water quality control plan. 23:3002, 23:3912
-Amendment of water quality objectives and
NPDES implementation measures, 23:3914
-Copper and nickel, south of Dumbarton Bridge,
23:3913
-Mercury, total maximum daily load, 23:3915
-Napa River watershed, total maximum daily load
and implementation plan for pathogens.
23:3918
10 SAN FRANCISCO BAY AND BAY AREA
CALIFORNIA CODE OF REGULATIONS
SAN FRANCISCO BAY AND BAY
AREA-conliinied
Water quality control plixn-coiitimied
-Sonoma Creek watershed, total maximum daily
load and implementation plan for pathoaens.
23:3919
-Tomales Bay Watershed, total maximum daily
load for pathogens, 23:3916
-Treated ground water discharges to San Francisco
Bay^'xception. 23:3002
-Urban creeks, diazinon and pesticide-related tox-
icity. 23:3917
-Wetlands
— Urban runoff pollution control, use of con-
structed wetlands for. 23:3911
— Wastewater, use of to create, 23:3910
SAN GABRIEL RIVER
East Fork daily trash load, water quality control
plan, 23:3933
SAN JOAQUIN RIVER
Clear Lake, control of nutrients, 23:3949.3
Diazinon and chlorpyrifos runoff, water quality
plan, 23:3949.4
Flood control project, special borrow and excava-
tion standards, 23:118
Water Quality Control Plan, 23:3940-23:3949
-Amendment, 23:3941, 23:3943
-Updates and corrections, 23:3946
SAN LORENZO RIVER
Water quality control plan
-Nitrate, numeric objective removed, 23:3923
-Sediment, total maximum daily load and imple-
mentation plan, 23:3927
Watershed Wastewater Management Plan, 23:3922
SAN LUIS OBISPO CREEK
Pathogens, total maximum daily load and imple-
mentation plan, 23:3928
SANTA ANA REGIONAL WATER QUALITY
CONTROL BOARD
See REGIONAL WATER QUALITY CONTROL
BOARDS
SANTA ANA RIVER
Water quality control plans, 23:3970
-Bacterial indicators. Middle Santa Ana watershed,
2.3:3979.1
-Bacterial water quality objectives, revision,
23:.3972
-Subsurface disposal systems, 23:3970, 23:3971
SANTA CLARA RIVER
Water quality
-Chloride water quality objective, 23:3939.8,
23:.3939.10
-Nitrogen daily load, 23:3939.6
SANTA MONICA BAY BEACHES
Water quality control plan, 23:3938, 23:3939
SELENIUM
Calleguas Creek and Mugu Lagoon, total maxi-
mum daily load, 23:3939.23
SEPTIC TANKS
Desert Hot Springs Aquifers, prohibitions, 23:3965
Mission Creek, prohibitions, 23:3965
Quail Valley, phased prohibition of, 23:3979.3
Regional water quality control boards, review of
actions, 23:2059.1
Santa Ana Region, 23:3970, 23:3971
SEPULVADA CHANNEL
Bacteria, total maximum daily load, 23:3939.24
SERVICE STATIONS
Underground storage tanks
See UNDERGROUND STORAGE TANKS
SEWERS AND SEWAGE SYSTEMS
See WASTE MANAGEMENT
Sewage removal from vessels
See WASTE MANAGEMENT, subheading: Sew-
age removal from vessels
SHASTA RIVER WATERSHED
Total maximum daily loads for dissolved oxygen
and water temperature, 23:3908
SHEEP
Waste discharge fees, 23:2200-23:2200.6
SHINGLE MILL CREEK
Sediment, total maximum daily load and imple-
mentation plan, 23:3927
SHIPS
See BOATS AND BOATING
SIGNATURES
Water appropriation applications, 23:710
Water rights claims, 23:947-23:949
SIGNS
House sale advertising, due to relocation for reser-
voir. 23:.370. 15
SODIUM
Carson and Walker River watersheds, water quality
standards, 23:3959.1
SOIL CONSERVATION
Flood prevention and watershed protection projects.
planning
-Notice to Reclamation Board and Water
Resources Department, 23:214
SOILS
Erosion
See EROSION CONTROL
Evapotranspiration, by county; table, 23:495
SOLID WASTE
See also WASTE MANAGEMENT
Classifications of, 23:2520
-Waste discharge to land, 23:2520 Table 2.1
Definitions, 23:2600, 23:2601
Hazardous wastes
See generally HAZARDOUS WASTES
SONOMA CREEK WATERSHED
Pathogens, total maximum daily load and imple-
mentation plan, 23:3919
SQUAW CREEK
Sediment, total maximum daily load, 23:3959
STOCKPONDS
Water rights, 23:880-23:906
-Certification applications, 23:885-23:888
-Claims, 23:885-23:906
— Continued use statement, 23:905
— Filing fee, 23:890
— Forms, 23:885
— Hearings, 23:901
— Investigations, 23:900
—Notice, 23:895
— Perjury, penalty for, 23:888
—Protests, 23:896-23:898
— Separate claims required, 23:887
-Definitions, 23:880, 23:881
-Registration fees, 23:1068
STORAGE TANKS, UNDERGROUND
See UNDERGROUND STORAGE TANKS
STORM WATER DISCHARGES
North Coast Region, 23:3902
Waste management, annual fees,
23:2200-23:2200.6
STREAMS
See RIVERS AND STREAMS
SUBPOENAS
Regional water quality control board hearings,
23:649.6
Water Resources Control Board hearings, 23:649.6
SURVEYORS AND SURVEYING
Reservoirs, contracts for, 23:380-23:391
Water resources project contracts, 23:3870-23:3880
SUTTER BYPASS FLOOD PLAIN STANDARDS,
23:136
SWINE
Waste discharge fees, 23:2200-23:2200.6
TAGS
Underground storage tank violations, red tags,
23:2717-23:27f7.7
TANKS
Sewage storage, vessels, 23:2822
Underground storage tanks
See UNDERGROUND STORAGE TANKS
TAXATION
Regional water quality control boards, certification,
23:3841-23:3845
See also REGIONAL WATER QUALITY CON-
TROL BOARDS, subheading: Certifications
TESTING
Underground storage tanks
.SV(^ UNDERGROUND STORAGE TANKS
Waste management units
-Clay liners, leachate compatibility tt^stina guide,
23:2601 Appx. I
-Cochran's approximation to the Behrens-Fisher
students" T-test, 23:2601 Appx. II
TOMALES BAY WATERSHED
Total maximum daily load for pathogens, 23:3916
TOWNSHIPS
Water appropriation, 23:663
TOXICS
See generally HAZARDOUS WASITS
TRADE SECRETS
Underground storage tanks, 23:2714
-Applicability of regulations, 23:2710
TRAINING
Underground storage tanks
-Facility employees, 23:2715
TRASH
See also SOLID WASTE
Ballona Creek and Wetland, daily load, 23:3936,
23:3939.13-23:3939.14
Los Angeles River, total maximum daily load,
23:3935
New River, total maximum daily loac and imple-
mentation plan, 23:3967
San Gabriel River, East Fork, daily lead, 23:3933
TREATMENT PLANTS
See WASTEWATER AND W ASTEWATER
TREATMENT
TULARE LAKE BASIN
Water Quality Control Plan, revised, 23:3942
-Updates and corrections, 23:3946
u
UNDERGROUND STORAGE TANK CLEANUP
FUND, 23:2803-23:2814.37
Appeal process, 23:2814-23:2814.5
-Board review
— Action by Board, 23:2814.4
— Board workshop and meeting, 23:2814.5
— Defective petitions, 23:2814.3
—Petitions, 23:2814.2
-Final Division decisions, 23:2814.1
-Review of decision by Fund Manager, 23:2814
Applicability, 23:2803
Applications, 23:2811 .2-23:28 11.3
Bid requirements, 23:2812.1
Claimant eligibility requirements, 23:12810.1,
23:2811
Claim requirements, 23:2811.2-23:28: 1.4
CompHance with laws, 23:2812.1
TITLE 23 INDEX
UNDERGROUND STORAGE TANKS
UNDERGROUND STORAGE TANK CLEANUP
FUhlD-iOiitinued
Corrective action costs
-Prc-approval of proposals or bids, 23:281 1.4
-Reimbursement requests, 23:2811.2
Co.sts, eligibility, 23:2812.2
-Intentional or reckless acts, 23:2812.4
Definitions, 23:2804
-Orphan site cleanup account,
23:2814.20-23:2814.21
Disqualification of claims, 23:2812.8
Financial responsibility requirements
-Additional financial information requests,
23:2809.2
-Applicability, 23:2805
-Coverage, 23:2808.2
-Demonstration of compliance, 23:2806.2
-Federal requirements
—Compliance, 23:2808
— Responsibifity to meet, 23:2806-23:2806.1
-Monetary amounts, 23:2807
-Owner-operator use of fund to meet, 23:2808.1
-Recordkeeping, 23:2809.1
-Reporting requirements, 23:2809
Orphan site cleanup account,
23:2814.20-23:2814.37
-Appeals, 23:2814.37
-Applications, 23:2814.28
—Disqualification, 23:2814.35
—Verification, 23:2814.34
-Bidding requirements, 23:2814.31
-Definitions, 23:2814.20-23:2814.21
-Double payment, 23:2814.26
-EHgibility, 23:2814.23-23:2814.24
-Grant conditions and limitations, 23:2814.25
-Overpayment, 23:2814.36
-Payment procedures, 23:2814.30
-Priority list, 23:2814.29, 23:2814.32
— Removal and resubmission, 23:2814.33
-Priority ranking of applications, 23:2814.27
-Types of grants, 23:2814.22
Permit requirements, 23:2811
Pre-approval of correction action proposals or bids,
23:2811.4
Priority lists, 23:2813-23:2813.3
-Creation, 23:2813
-Management of, 23:2813.2
-Placement on, 23:2813.1
-Removal, 23:2813.3
Priority of claims, 23:2811.1
Reimbursement
-Corrective action costs, 23:2811.2
-Double payment, 23:2812.3
-General procedures, 23:2812
-Limitations, 23:2812.5
-Third party compensation costs, 23:2811.3
Rejection of claim, 23:2813.3
Site closure petitions, 23:2814.6-23:2814.8
Submission of claims, 23:2812.7
Suspension of claim, 23:2813.3
Third party compensation costs, reimbursement
requests, 23:2811.3
Types of claims permitted, 23:2810
Verification of claims, 23:2812.6
UNDERGROUND STORAGE TANKS
Appeals, tank testers, 23:2780-23:2784
Applicability of regulations, 23:2620
Bladder systems
-Definition, 23:2611
-Installation requirements, 23:2664
-Upgrading requirements, 23:2662
Certification
-Monitoring equipment, 23:2638
—Form, 23:2714 Appx. VI
-Operators, installers, service technicians, and
inspectors, 23:2715
Cleanup
See UNDERGROUND STORAGE TANK
CLEANUP FUND
Closure, 23:2670-23:2672
-Applicabifity of regulations, 23:2670
-Permanent, 23:2672
-Temporary, 23:2671
UNDERGROUND STORAGE T/KHKS-trmtinued
Corrective actions, unauthorized releases,
23:2720-23:2728
Decommissioned tanks, defined, 23:261 1
Definitions, 23:2610. 23:2611
-Red tag violations, 23:2717
-RUST program, 23:3420
-Tank tester regulations, 23:2731
-Unauthorized releases, corrective action, 23:2720
Design and construction requirements, 23:2631
-Compatibility and permeability testing, 23:2631.1
-Local agency standards, 23:2690. 23:2691
-Motor vehicle fuel tanks. 23:2633
-Piping, 23:2636
Disciplinary actions, recordkeeping requirements,
23:2741, 23:2773
Dispensers, defined, 23:2611
Exemptions, 23:2621
Existing tanks
-Closure, 23:2670-23:2672
-Definition. 23:2611
-Integrity testing, 23:2643.1
-Inventory reconciliation
—Manual. 23:2646
— Statistical, 23:2646.1
-Monitoring requirements, 23:2640-23:2648
— Applicability of regulations, 23:2640
— Enhanced leak detection, 23:2644.1
— Gauging, manual, 23:2645
— Ground water monitoring, 23:2648
— Inventory reconciliation, 23:2646.1
Manual, 23:2646
— Non visual
Release detection, qualitative, 23:2644
Release detection, quantitative, 23:2643
— Program requirements, 23:2641
— Vadose zone monitoring, 23:2647
— Visual, 23:2642
— Well construction and sampling methods,
23:2649
-Repairs, 23:2660-23:2666
See also Repairs, this heading
-Upgrades
See Upgrades, this heading
-Variance procedures, 23:2680-23:2681
Grants for replacement, removal, or upgrade of
petroleum tanks, 23:3420-23:3428
See also RUST program, this heading
Installation
-Bladder systems, 23:2664
-Certification of installers. 23:2715
-New tanks. 23:2635
— Piping, 23:2636
Interior tank lining, repairs and upgrades, 23:2663
Leak detection equipment, evaluation, 23:2714
Appx. IV
Licensing
-Service technicians, 23:2715
-Tank testers
See Tank tester regulations, this heading
Liners
-Definition. 23:2611
-Interior tank lining. 23:2663
-Membrane liners. 23:2631 Table 3.1
Loans
-Replacement, removal, or upgrade of petroleum
tanks. 23:3420-23:3428
See also RUST program, this heading
Monitoring requirements
-Additional, requested by local agencies, 23:2690
— Procedures, 23:2691
-Certification of equipment, 23:2638
—Form, 23:2714 Appx. VI
-Existing tanks, 23:2640-23:2649
See also Existing tanks, this heading
-Leak detection equipment, evaluation, 23:2714
Appx. IV
-New tanks, 23:2632
—Methods, 23:2632 Table 3.2
— Motor vehicle fuel tanks, 23:2634
—Piping, 23:2636
-Organizations, list, 23:2714 Appx. I
-References, 23:2714 Appx. I
-Release detection methods, 23:2714 Appx. Ill
UNDERGROUND STORAGE TANKS-coiiliiiucd
Monitoring raqmrcmcnls-c oiitiiuied
-Suction pipelines, 23:2714 Appx. 11
-Test methods, table, 23:2714 Appx. 1
Motor vehicle fuel tanks
-Definition, 23:2611
-Upgrading requirements. 23:2662
New tanks, 23:2630-23:2636
-Applicability of regulations, 23:2630
-Compatibility and permeability testing, 23:2631.1
-Definifion, 23:2611
-Design and construction requirements, 23:2631
— Local agency standards, 23:2690, 23:2691
— Membrane liners, 23:2631 Table 3.1
— Motor vehicle fuel tanks, 23:2633
-Installation and testing. 23:2635. 23:2636
-Monitoring requirements. 23:2632
—Methods, 23:2632 Table 3.2
— Motor vehicle fuel tanks, 23:2634
-Piping, 23:2636
-Response plans. 23:2632
— Motor vehicle fuel tanks. 23:26.34
-Secondary containment systems, testing, 23:2637
-Under-dispenser spill containment or control sys-
tems
— Action by Board regarding Division decision,
23:2636.4
—Definitions, 23:2611
— Division decisions, 23:2636.1
— Petition for Board review of Division decision,
23:2636.2, 23:2636.3
-Variance procedures, 23:2680-23:2681
Notice of correction of significant violations.
23:2717.4
Permits
-AppUcability of regulations, 23:2710
-AppHcation, 23:2711
-Conditions, 23:2712
-Information, 23:2711
Petroleum
-Cleanup fund, 23:2803-23:2814.37
See also UNDERGROUND STORAGE TANK
CLEANUP FUND
-Definition, 23:2611
-Replacement, removal, or upgrade of tanks, loans
and grants, 23:3420-23:3428
See also RUST program, this heading
Piping
-New tanks, 23:2636
-Upgrades, 23:2666
Recordkeeping requirements
-Disciplinary actions, 23:2741
-List of hcensed tank testers, 23:2740
-Permit requirements, 23:2712
-Tank testers
See Tank tester regulations, this heading
Red tag violations, 23:2717-23:2717.7
-Affixing tags, 23:2717.1
-Content of tags, 23:2717.6
-Definitions, 23:2717
-Enforcement scope of rules, 23:2717.7
-Exemptions, 23:2717.5
-Notice of correction, 23:2717.4
-Removing tags, 23:2717.2-23:2717.3
Releases
-Cleanup fund, 23:2803-23:2814.37
See also UNDERGROUND STORAGE TANK
CLEANUP FUND
-Unauthorized
See Unauthorized releases, this heading
Repairs, 23:2660-23:2666
-Applicability of regulations, 23:2660
-Interior tank lining, 23:2663
-Spill and overflow prevention equipment, 23:2665
-Upgrade, defined, 23:2611
Reporting requirements, 23:2650-23:2652
-Applicability of regulations, 23:2650
-Local agencies, releases. 23:2713
-Permit requirements, 23:2712
-Tank testers, integrity tests, 23:2770.5
Response plans
-New tanks, 23:2632
— Motor vehicle fuel tanks, 23:2634
RUST program, 23:3420-23:3428
12 UNDERGROUND STORAGE TANKS
CALIFORNIA CODE OF RECULATIONS
UNDERGROUND STORAGE TAfiKS-<-ontimied
RUST pmgTam-contiinied
-Definitions, 23:3420
-Eligibility, 23:3422
-Grants
—Applications, 23:3423, 23:3427
— Purposes of, 23:3421
-Loans
— Applications, 23:3424, 23:3426
— Purposes of, 23:3421
—Terms, 23:3423
-Misrepresentation, 23:3428
-Repayment, 23:3428
Secondary containment systems
-Testing, 23:2637
Service technicians, licensing and certification,
23:2715
Spill and overflow prevention equipment, repairs
and upgrades, 23:2665
Spills, cleanup
See UNDERGROUND STORAGE TANK
CLEANUP FUND
Suction pipelines, inonitoring requirements,
23:2714 Appx. II
Tank tester regulations. 23:2730-23:2802
-Change of address, notice of, 23:2770
-Conduct of business, 23:2770-23:2773
-Copies to be furnished free of charge, 23:2801
-Definitions, 23:2731
-Employee records, 23:2771, 23:2772
-Fees, 23:2800
— Copies to be furnished free of charge, 23:2801
—Refund, 23:2802
-Integrity tests
— Definition. 23:2611
— Reporting requirements, 23:2770.5
-Liability, 23:2771, 23:2772
-Licensing, 23:2760-23:2773
— Application, 23:2761
— Change of address notice, 23:2770
—Denial, 23:2763, 23:2773
— Disciplinary actions, 23:2773
— Enforcement, disciplinary records, 23:2741
— Examination, 23:2762
— Issuance, 23:2763
—Liability, 23:2771-23:2773
— Renewal and reinstatement, 23:2763
— Revocation, suspension or probation, 23:2773
— Time limit, 23:2761
-List of licensed tank testers, 23:2740
-Local ordinances not prevented, 23:2751
-Notice of change of address, 23:2770
-Prohibitions, 23:2770-23:2773
-Protests and appeals, 23:2780-23:2784
— Board action, 23:2785
— Defective petitions, 23:2783
—Division action, 23:2781, 23:2784
— Petition for board review, 23:2782
-Purpose, 23:2730
-Recordkeeping requirements
— Disciplinary actions, 23:2741
— Employee records, 23:2772
— Licensed tank testers, 23:2740
— Record retention period, 23:2772
-Reporting requirements, integrity tests, 23:2770.5
-Training, 23:2771
Testing, 23:2635
-Compatibility and permeability, new tanks,
23:2631.1
-Existing tanks, integrity, 23:2643.1
-Monitoring test methods, table, 23:2714 Appx. I
-New tanks
— Piping, 23:2636
-Secondary containment systems, 23:2637
-Tank and pipe installation, form, 23:2714 Appx.
V
-Testers
See Tank tester regulations, this heading
Trade secrets, 23:2714
-Applicability of regulations, 23:2710
Training of facility employees, 23:2715
Unauthorized releases
-Abatement, 23:2653
-Corrective action, 23:2720-23:2728
UNDERGROUND STORAGE TANKS-contimied
Unauthorized releases-coiitiinied
-Con'ective action-continued
— Applicability, 23:2721
— Coirective action plan implementation phase,
23:2726
— Definitions, 23:2720
— Preliminary site assessment phase, 23:2723
— Public notification and participation, 23:2728
— Scope of corrective action, 23:2722-23:2727
— Soil and water investigation phase,
23:2724-23:2725
— Verification monitoring phase, 23:2727
-Definition, 23:2611
-Detection methods, 23:2714 Appx. Ill
-Free product removal, 23:2655
-Initial site characterization, 23:2654
-Local agency reporting requirements, 23:2713
-Reporting requirements, 23:2650-23:2652
Upgrades
See also Repairs, this heading
-Defined, 23:2611
-Interior tank lining, 23:2663
-Piping, 23:2666
Variance procedures, 23:2680-23:2681
-Applicability of regulations, 23:2680
-Site-specific, 23:2681
Violations, serious, red tags, 23:2717-23:2717.7
UPPER NEWPORT BAY
Chlorpyrifos and diazinon daily loads, 23:3977
URBAN CREEKS RESTORATION AND FLOOD
CONTROL ACT OF 1985, 23:451.1-23:451.6
USTs
See UNDERGROUND STORAGE TANKS
V
VARIANCES
Reclamation Board permits, 23:11
Underground storage tanks, variance procedures,
23:2680-23:2681
VETERAN-OWNED BUSINESSES
Disabled veteran business enterprise participation
goals
-Water Resources Control Board project contracts
with architects, landscape architects, engi-
neers, etc., 23:3876
w
WALKER RIVER
Sodium-related water quality standards, 23:3959.1
WASTE CONTAINMENT STRUCTURES, 23:2541
See also generally WASTE MANAGEMENT
WASTE DISCHARGES
See WASTE MANAGEMENT
WASTE DISPOSAL
See SOLID WASTE; WASTE MANAGEMENT
Hazardous wastes
See HAZARDOUS WASTES
Landfills
See LANDFILLS
WASTE MANAGEMENT
See also SOLID WASTE
Animal waste discharge fees, 23:2200-23:2200.6
Boats, sewage removal from
See Sewage removal from vessels, this heading
Clay liner-leachate compatibility testing guide,
23:2601 Appx. I
Cochran's approximation to the Behrens-Fisher stu-
dents' T-test, 23:2601 Appx. II
WASTE M AN AGEMENl-con tinned
Compliance procedures, 23:2590-23:2597
Conective action, water quality moni oring
-Dischaiges at waste management units,
23:2550.10
-Hazardous waste discharges, other tiian waste
management units, 23:2550.12
-Unsaturated zones, land treatment units,
23:2550.11
Definitions
-Hazardous waste, 23:2521
-Sewage removal from vessels. 23:2816
-Waste management units, 23:2600, 23:2601
Designated wastes, construction criteria, 23:2541
Table 4.1
Discharge into water
See Waste discharge into waters, this heading
Discharge to land
See Waste discharge to land, this heading
Environmental Quality Act of California, compli-
ance requirements, 23:3733
Fees
-Annual fee schedule, 23:2200-23:2200.6
-Discharge of hazardous waste into water, 23:2251
-Storm water discharges, 23:2200-23:2200.5
-Waste discharge into waters, 23:223(3
Hazardous constituents for verification monitoring
at class I waste management units (from 40
CFR 261), 23:2601 Appx. Ill
Hazardous waste
See also HAZARDOUS WASTES
-Construction criteria, 23:2541 Table 4.1
-Defined, 23:2521
-Location, 23:2531
-Waste management units
— Wastes received between 7/26/82 and 12/8/84,
23:2550.0-23:2550.12
-Water discharge, fees, 23:2251
-Water quality monitoring, conective action,
23:2550.12
Landfills
See LANDFILLS
Land treatment units, water quality monitoring
-Unsaturated zones, 23:2550.11
Liner requirements
-Clay liners, waste management units, 23:2542
— Leachate compatibiHty testing guide, 23:2601
Appx. I
Monitoring, water quality
See Water quality monitoring, this heading
Municipal solid waste landfill units
See generally LANDFILLS
Recordkeeping requirements, waste management
units, 23:2591
Reporting requirements
-Waste discharge into waters
— Excess quantities, 23:2260
— Hazardous substances or wastes, reportable
quantities, 23:2251
— Other than point sources to navigable waters,
23:2207, 23:2230
— Point sources to navigable waters, 23:2235.1
— Sewage, reportable quantities, 23:2250
-Waste discharge to land, 23:2590
-Waste management units, 23:2594-23:2596
Seismic design requirements, waste management
units, 23:2547
Sewage removal from vessels
-Hoses, design requirements, 23:2823
-Leakage, prevention of, 23:2820
-Marine terminals to provide adequate facilities,
23:2831
-Piping design requirements, 23:2823
-Prevention of leakage and spillage, 23:2820,
23:2827
-Pump design requirements, 23:2821
-Pumpout facihty, 23:2833-23:2833.5
— Design and construction, 23:2819
— Hearings, regional board, 23:2833.3
— Hearings, state board, 23:2833.4
— Inspection requirements, 23:2829
— Installation time, 23:2835
—Leakage prevention, 23:2820, 23:2828
— Maintenance, 23:2827, 23:2829
TITLE 23 INDEX
WASTEWATER AND WASTEWATER TREATMENT
13
WASTE M AN AGEMEm-conti lined
Sewage removal from \cssc\s-fontimied
-Fumpout faeility-(Y;»///u/^(^
— Mai-ine terminals, 23:2831, 23:2834.1
--Noliee of need. 23:2833.2
— Operation instruetions, 23:2827
—Procedures. 23:2834
—Spillage prevention, 23:2820, 23:2828
— Water supply required, 23:2824
-Spillage, prevention, 23:2820
-Standards. 23:2815-23:2829, 23:2816
-Storage tank design requirements. 23:2822
Solid waste
See SOLID WASTE
Storm water discharges, annual fees.
23:2200-23:2200.6
Surface impoundments
See generally Waste management units, this head-
ing
Treatment plants, wastewater
See WASTEWATER AND WASTEWATER
TREATMENT
Vessels, sewage removal
See Sewage removal from vessels, this heading
Waste characteristics, 23:2594
Waste discharge into waters
-Agricultural practices discharge, fees, 23:2236
-Boat construction discharge, fees, 23:2236
-Boat marina discharge, fees, 23:2236
-Cease and desist orders
— Community sewer systems, 23:2244-23:2244.3
— Emergency facilities, construction of, 23:2245
— Immediate corrective measures, 23:2245
— Time schedules, 23:2243
-Certification of water quality, 23:3855-23:3861
-Community sewer systems, additional discharges
into
— Prohibitions and restrictions, 23:2244-23:2244.3
-Dredging operation discharge, fees, 23:2236
-Environmental impact provisions,
23:3740-23:3742
-Environmental Quality Act of California, compli-
ance, 23:3733
-Excess, reporting, 23:2260
-Fees, 23:2236
—Annual fee schedule, 23:2200-23:2200.6
-Hazardous substances or wastes, reporting
requirements, 23:2260
-Investigation, cleanup, and abatement, 23:2907
— Containment zone designation, 23:2911
-Other than point sources to navigable waters
— Additional terms and conditions, 23:2233
— Approved projects, 23:2208
— Ensuring adequate capacity, 23:2232
—Filing date, 23:2206
— Material change defined, 23:2210
— Monitoring program reports, 23:2230
— Preliminary procedures, 23:2205
— Reports, filing criteria, 23:2207
— Time schedules, 23:2231
-Point and nonpoint source dischargers, fees,
23:2236
-Point sources to navigable waters,
23:2235.1-23:2235.4
-Port and harbor discharges, fees, 23:2236
-San Francisco Bay, treated ground water dis-
charges into, 23:2909
-Sewage, reportable quantities, 23:2250, 23:2260
-Stormwater discharge, fees, 23:2236
-Summary of water quality enforcement regula-
tions, 23:2910
-Water quality certification, 23:3855-23:3861
Waste discharge to land
-Applicability of provisions, 23:2510
-Classifications of waste, 23:2520, 23:2520 Table
2.1
-Definitions, 23:2600, 23:2601
-Environmental impact provisions,
23:3740-23:3742
-Environmental Quality Act of California, compli-
ance, 23:3733
-Local agencies, jurisdiction, 23:2591
-Municipal solid waste, 23:2908
-Public participation at hearings, 23:2592
WASTE MANAGEMEm-coiitimied
Waste discharge to land-eontinued
-Regional boards, jurisdiction, 23:2591
-Regulations, 23:2510
— Exemptions, 23:2511
-Reporting requirements, 23:2590
-Waste characteristics, 23:2594
Waste manaaement units
See also LANDFILLS
-Aerial photographs, 23:2595
-Cease and desist orders, 23:2593
-Characteristics, 23:2595
-Class I, hazardous wastes, 23:2531
—Clay liners, 23:2542
Leachate compatibility testing guide, 23:2601
Appx. I
— Compliance period, 23:2550.6
— Constrtiction criteria, 23:2540, 23:2541 Table
4.1
— Hazardous constituents for verification monitor-
ing, 23:2601 Appx. Ill
— Interim cover, 23:2544
— Leachate collection and removal systems,
required, 23:2543
— Location, 23:2531
— Seismic design, 23:2547
— Subsurface barriers, 23:2545
— Surface impoundments
Leachate collection and removal systems,
required, 23:2543
-Classification and siting criteria. 23:2530
-Class II. designated wastes
— Construction criteria, 23:2541 Table 4.1
-Class III, nonhazardous sofid wastes
— Construction criteria, 23:2541 Table 4.1
-Closure and postclosure maintenance, 23:2580
— Mandatory, 23:2593
—Plan, 23:2597
-Cochran's approximation to the Behrens-Fisher
students' T-test, 23:2601 Appx. II
-Construction criteria, 23:2540, 23:2541 Table 4.1
-Containment structures, general criteria, 23:2541
-Definitions, 23:2600, 23:2601
-Design report, 23:2596
-Hazardous constituents for verification monitoring
at class I waste management units, 23:2601
Appx. Ill
-Interim cover, 23:2544
-Land treatment facilities, special requirements,
23:2549
-Leachate collection and removal systems, 23:2543
-Liner requirements, 23:2541 Fig. 4.1, 23:2542
-Local agencies, jurisdiction, 23:2591
-Maps, 23:2595
-Nonhazardous solid wastes, construction criteria,
23:2541 Table 4.1
-Operations plan, 23:2596
-Precipitation and drainage controls, 23:2546
— Surface impoundments, 23:2548
-Recordkeeping requirements, 23:2591
-Regional boards, jurisdiction, 23:2591
-Reporting requirements, 23:2594-23:2596
-Requirements, 23:2591
-Seismic design, 23:2547
-Subsurface barriers, 23:2545
-Waste characteristics, 23:2594
-Water quality monitoring
See Water quality monitoring, this heading
Waste piles
See generally Waste management units, this head-
ing
Wastewater treatment plants
See WASTEWATER AND WASTEWATER
TREATMENT
Water, discharge into
See Waste discharge into waters, this heading
Water quality monitoring
-Certification of water quality, 23:3855-23:3861
-Corrective action
— Discharges at waste management units,
23:2550.10
— Hazardous waste discharges, other than waste
management units, 23:2550.12
-Summary of water quality enforcement regula-
tions, 23:2910
WASTE MANAGEMENT-rr;/;///»/f^/
Water quality mon\lonn§.-c()nliniied
-Waste management units. 23:2550.0-23:2550.12
— Applicability of regulations, 23:2550.0
— Compliance period, 23:2550.6
— Compliance points. 23:2550.5
— Concentration limits, 23:2550.4
— Constituents of concern, 23:2550.3
— CoiTCCtive action, 23:2550.10, 23:2550.1 1
— Detection monitoring, 23:2550.8
— Evaluation monitoring, 23:2550.9
— Ground water, 23:2550.7
— Monitoring and response programs, 23:2550.1
— Monitoring points, 23:2550.5
— Protection^standards, 23:2550.2
— Required programs, 23:2350.1
— Requirements, 23:2550.7
— Surface water, 23:2550.7
— Unsaturated zone monitoring, 23:2550.7,
23:2550.11
WASTE PILES
See WASTE MANAGEMENT, subheading:
Waste management units
WASTEWATER AND WASTEWATER TREAT-
MENT
Advisory committee, 23:3718
Appeals, operator certification, 23:3711-23:3716,
23:3719.18
Certification of operator
See Operator certification, this heading
Classification of treatment plants, 23:3675
-Certification requirement, 23:3670.1, 23:3670.2
-Definitions, 23:3671
-Purpose, 23:3670
Definitions, classification of treatment plants,
23:3671
Environmental impact, 23:3740-23:3742
Fees
-Contract operators, registration, 23:3719.19
-Operator certification, 23:3717
Operator certification
-Appeals
— Permit processing times, 23:3716
—Violations, 23:3711-23:3715, 23:3719.18
-Applications, 23:3702
— Contract operators, 23:3719.11
—Renewal, 23:3702.2, 23:3719.13, 23:3719.14
-Class of plant operated, requirement, 23:3670.1,
23:3670.2
-Competence levels, 23:3680
-Contract operators, 23:3719-23:3719.19
— DiscipHnary actions, 23:3719.17
—Appeals, 23:3719.18
— Registration, 23:3719
Application for, 23:3719.1 1
Content, 23:3719.12
Disciplinary actions, 23:3719.17
Fees. 23:3719.19
Issuance, 23:3719.12
—Posting, 23:3719.16
Renewal, 23:3719.13, 23:3719.14
Replacement, 23:3719.15
Validity, period of, 23:3719.10
-Education and experience, 23:3683-23:3686
-Examinations, 23:3700-23:3701
-Fees, 23:3717
— Contract operators, 23:3719.19
-Grades of certification, 23:3680
-Issuance, 23:3702.1
—Contract operators, 23:3719.12. 23:3719.14
-Operators-in-training, 23:3707-23:3709
—Fees, 23:3717
-Posting, 23:3703
— Contract operators, 23:3719.16
-Qualifications, 23:3683-23:3686
-Reciprocity with other states, 23:3704
-Reinstatement, 23:3702.4
-Replacement, 23:3702.5
— Contract operators, 23:3719.15
-Violations, 23:3710
—Appeals, 23:3711-23:3715. 23:3719.18
-Water recycling treatment plants, 23:3670.2
Recycling treatment plants
14
WASTEWATER AND WASTEWATER TREATMENT
CALIFORNIA CODE OF RE(}ULATIONS
WASTEWATER AND WASTEWATER TREAT-
MEHT-iotitiinied
Recycling treatment plants-continued
-Classification of, 23:3673
-Operator certification, 23:3670.2
Reporting requirements, 23:3676
San Francisco Bay Region, creation of wetlands,
23:3910
San Lorenzo River watershed management plan,
23:3922
Violations, 23:3710
-Appeals. 23:3711-23:3715
Waste prevention
See WATER RESOURCES CONTROL BOARD,
subheading: Waste prevention
WATER
Appropriation of
See WATER APPROPRIATION
Cominunity water system
See PUBLIC WATER SYSTEM
Conservation
See WATER CONSERVATION
Construction grants
See WATER RESOURCES DEPARTMENT, sub-
heading: Grants
Construction loans
See WATER RESOURCES DEPARTMENT, sub-
heading: Loans
Contamination
See WATER POLLUTION AND CONTROL
Dams and reservoirs
See RESERVOIRS
Distribution reservoirs
See RESERVOIRS
Diversions
See WATER RESOURCES CONTROL BOARD,
subheading: Extractions and diversions of
water
Domestic water supply reservoirs
See generally RESERVOIRS
Drinking water
See PUBLIC WATER SYSTEM
Drought emergency conditions, hearings on, 23:767
Envkonmental Quality Act, implementation
See REGIONAL WATER QUALITY CONTROL
BOARDS; WATER RESOURCES DEPART-
MENT
Environmental Water Act of 1989
See WATER RESOURCES DEPARTMENT
Extractions
See WATER RESOURCES CONTROL BOARD
Flood plains
See FLOOD PLAIN MANAGEMENT
Ground water
See GROUND WATER
Hazardous wastes
See generally HAZARDOUS WASTES
Irrigation
See IRRIGATION
Navigation
See BOATS AND BOATING
Pollution
See WATER POLLUTION AND CONTROL
Public water system
See PUBLIC WATER SYSTEM
Quality control
-Listing requirements of Clean Water Act Section
303(d), compliance, policy, 23:2916
-Nonpoint source pollution control policy, 23:2915
-Old Alamo Creek, exception, 23:2919
-San Francisco/Sacramento-San Joaquin Delta
Estuary, revised plan, 23:3002
-Summary of water quality enforcement regula-
tions, 23:2910
-Toxic hot spot cleanup plans, consolidated,
23:2913
-Toxics standards for inland surface waters,
enclosed bays, and estuaries, 23:2914,
23:2914.5, 23:2917
Reclamation Board
See RECLAMATION BOARD
Reclamation of wastewater
See WASTEWATER AND WASTEWATER
TREATMENT
W ATE R-c on tin iied
Recycling treatment plants
See WASTEWATER AND WASTEWATER
TREATMENT
Regional water quality control boards
See REGIONAL WATER QUALITY CONTROL
BOARDS
Resources Control Board
See WATER RESOURCES CONTROL BOARD
Resources Department
See WATER RESOURCES DEPARTMENT
Rights
S7e WATER RIGHTS
Rivers
See RIVERS AND STREAMS
Storage, 23:658
See also RESERVOIRS
Treatment facilities, tax certifications,
23:3841-23:3845
See also REGIONAL WATER QUALITY CON-
TROL BOARDS, subheading: Certifications
Uses
See WATER APPROPRIATION
Waste disposal into
See WASTE MANAGEMENT, subheading:
Waste discharge into waters
Waste prevention
See WATER RESOURCES CONTROL BOARD
Wastewater treatment and reclamation
See WASTEWATER AND WASTEWATER
TREATMENT
Water recycling treatment plants
See WASTEWATER AND WASTEWATER
TREATMENT
WATER APPROPRIATION
Agricultural uses
See Uses, this heading
Amount, 23:696-23:698
See also generally Applications, this heading
-Excessive, action upon, 23:698
-Limitation, amount first applied for, 23:699
-Reasonably necessary
—Defined, 23:696
— Examples of, 23:697
Apphcations, 23:650
See also generally Permits, this heading; Uses,
this heading
-Acceptance requirements, 23:675
-Additional information, 23:682, 23:683
-Address changes, procedure, 23:830
-Amounts requested, 23:695-23:700
— Limitation, amount first applied for, 23:699
— Reasonably necessary, 23:696, 23:697
-Answers and protests, 23:745-23:753
— Abandoned, 23:750
— Answers to protests, 23:751
— Compliance with statutory procedure required,
23:746
— Content, 23:752
— Failure to respond, 23:750
— Filing time, 23:747
— Negotiation time, extension, 23:753
— Rejection of protest, 23:749
— Requirements, 23:745
— Service of process, 23:748
— Time hmitations, 23:747, 23:753
-Assignment, petition for, 23:736
-Cahfomia wild and scenic rivers system, within,
23:734
-Cancellation of, 23:679
-Changes
— Address or ownership, 23:830-23:832
— Use or point of diversion, 23:791-23:799
-Completeness, 23:656, 23:678
-Compliance review, 23:675
-Diversion point, change of, 23:791-23:799
-Documentation requirements, 23:711
-Domestic use, map requirements, 23:723
-Drought emergency conditions, hearings, 23:767
-Evaluation investigations, 23:756
-Excessive amounts requested, 23:698
-Existing rights, 23:731
-Extensions, 23:681
-Fees, 23:676
WATER APPROPRIATION-t(wr;/!M.'^
Applications-(Y)n//;7z/eJ
-Fees-continued
— Hydroelectric projects, 23:1071
FERC licensed projects, 23:3833.1
-Form, 23:705
-Good faith requirements, 23:680
-Hearings, 23:760
— Alternative procedure, 23:764.14
— Combined, 23:764
— Delays denied, 23:765
— Drought emergency conditions, 23:767
— Failure to appear, 23:766
— Petitions, 23:739
— Timeliness required, 23:765
-Hydroelectric projects, 23:1071
-Incomplete, 23:656
-Industrial use, map requirements, 23:723
-Instream beneficial use assessment required,
23:709
-Investigations, 23:755, 23:756
-Issuance, 23:845
-Legal name required, 23:707
-Map requirements, 23:715-23:723
— Certificate of engineer or surveyor. 23:717
— Domestic use, 23:723
— Filing without maps, 23:724
— Industrial use, 23:723
— Irrigation purposes, 23:719
— Large projects, 23:717
— Mines and mining, 23:721
— Minor projects, 23:716
— Municipal purposes, 23:718
— Underground storage, 23:722
-Measurement of conditions, 23:846-23:848
-Napa Valley, 23:735
-Notice, 23:684, 23:685
— Change in ownership, 23:831
-Ownership
— Changes, notice to board, 23:831
— Contested, change of record, 23:832
—Divided, 23:836
—Presumption, 23:833-23:835
-Partial season of use, approval of, 2;?:700
-Petitions
— Assignment, 23:736
— Hearings, 23:739
— Protests, 23:738
— Release from priority, 23:736, 23:739
—Time of filing, 23:737
-PoHcy, 23:651
-Power plants
— Adding to existing permits or licenses, 23:730
— Map requirements, 23:720
-Priority, petition for release, 23:736, 23:739
-Processing, 23:675-23:685
-Reduction of amount, 23:651
-Release from priority, petition for, 23:736, 23:739
-Requirements, general, 23:705-23:711
-Right of access, 23:775, 23:776
-Separate and joint, 23:686-23:691
— Combined place of use, 23:690
— Consumptive uses, 23:686
— Diversion, 23:687
— Frost protection, 23:689
—Joint, defined, 23:691
—Place of use, 23:688
-Signatures, 23:710
-Special situations, 23:730-23:739
-Supplemental information, 23:682, 23:683, 23:708
-Time requirements, 23:681, 23:840-23:844
-Tide disputes, 23:777
-Unappropriated water, defined, 23:695
-Underground storage, map requirements, 23:722
-Use, changes in place or purpose, 23:791-23:799
-User, relationship with applicant, 23:732
Aquaculture, 23:667
Campgrounds, 23:660, 23:697
Definitions
-Application, 23:655
-Beneficial uses, 23:659
-Consumptive and nonconsumptive u»es, 23:686
-Instream beneficial use assessment, 23:709
-Reasonably necessary, 23:696
TITLE 23 INDEX
WATER POLLUTION AND CONTROL 15
WATER APPROPRIATION-cfw///»/«/
Dctimliom-i'ontiniied
-Unappropriated water, defined, 23:695
-Waste, 23:855
Domestic use, 23:660
-Applications, map requirements, 23:723
Drought emergency conditions, hearings, 23:767
Fees
-Application filing, 23:676
-Hydroelectric projects, 23:1071
Frost protection, 23:671, 23:689
Garden care. 23:660. 23:661, 23:697
Hearings
-Applications
See Applications, this heading
-License revocation. 23:850-23:852
-Stream systems, notice and procedure, 23:874
-Uses, waste, 23:857
Hotels and motels, 23:660, 23:697
Hydroelectric power, 23:662
Hydro mechanical power. 23:662
Industrial. 23:665, 23:723
Irrigation purposes, 23:661, 23:719
Lawn care, 23:660, 23:661, 23:697
Licenses
See also generally Applications, this heading; Per-
mits, this heading
-Changes in use or point of diversion,
23:791-23:799
-Revocation hearings. 23:850-23:852
Livestock. 23:669, 23:697
Map requirements, 23:715-23:723
See also Applications, this heading
IVIines and mining, 23:664, 23:721
Motels, 23:660, 23:697
Municipal purposes. 23:663
-Applications, map requirements, 23:718
Notice
-Applications, 23:684
— Change in ownership, 23:831
—Effect of, 23:685
-License revocation hearings. 23:851
-Permits
See Permits, this heading
-Stream system hearings, 23:874
Permits
-Changes in use or point of diversion
— Data required. 23:794
— Incidental reservoir use, 23:798
— Long-term transfer of water, 23:811-23:816.
23:812
— Maps and data required, 23:794
— Nature of action, 23:792
—Petitions, 23:791, 23:795, 23:796
— Power plants, adding to existing permits, 23:799
— Temporary, due to transfer or water or water
right, 23:801
—Trial transfer of water, 23:814, 23:815, 23:816
-Complaints of violations, 23:820-23:823
—Action by board, 23:822, 23:823
— Investigation, 23:821
-Enforcement, 23:820-23:823
-Extension of time, requests for, 23:842
-Fishing, public access, 23:781
-Measurement of conditions
— Devices and statements, 23:846
— Progress reports, 23:847
Contents. 23:848
-Misuse, revocation for, 23:858
-Notice, changes in use or point of diversion.
23:795, 23:804, 23:806
-Notice, revocation hearings. 23:851
-Ownership, divided, 23:836
-Passage of water in dammed areas for fish, 23:782
-Release of stored water, 23:784
-Revocation, misuse, 23:858
-Revocation hearings, 23:850-23:852
-Standard terms, 23:780
-Stored water, release, 23:784
-Violations, 23:820
-Waste discharge requirements, 23:783
-Water quality objectives, 23:780
Petitions
See Applications, this heading
WATER APPROPRIATION-ro/!/;«H£Y/
Policy. 23:651
Power plants
-Changes in use or point of diversion, 23:799
-Existing permits or licenses. 23:720
-Map requirements for application. 23:720
Protests to applications
See Applications, this heading
Recreation, 23:668
Reduction of amount, policy. 23:651
Regulation provisions, 23:657
Resorts, 23:660
Right of access, 23:775-23:777
See also Applications, this heading
Stockponds, water rights
See STOCKPONDS
Stockwatering. 23:669. 23:697
Storage. 23:658
See also RESERVOIRS
Stream systems, 23:870-23:874
-Declarations
—Additions, 23:872, 23:873
— Revocation or revision, 23:871, 23:873
-Hearings, notice and procedure, 23:874
-Purpose of regulations, 23:870
Temporary urgency changes. 23:805, 23:806
Underground storage
-Application, 23:733
-Map requirements for application, 23:722
Unreasonable use. prevention of, 23:855-23:860
See also WATER RESOURCES CONTROL
BOARD, subheading: Waste prevention
Urgency changes, temporary, 23:805, 23:806
Uses
See also generally Applications, this heading
-Agricultural, 23:661
— Frost protection, 23:671, 23:689
— Heat control, 23:672
— Reasonably necessary amounts, 23:697
-Aquaculture, 23:667
-Beneficial, 23:659-23:672
—Defined, 23:659
-Camp grounds, 23:660, 23:697
-Consumptive, defined. 23:686
-Cooking, 23:660
-Domestic, 23:660, 23:723
-Fish and wildlife preservation and enhancement,
23:666
-Fishing, access requirements, 23:781
-Frost protection, 23:671, 23:689
-Garden care, 23:660, 23:661, 23:697
-Heat control for crops, 23:672
-Hotels and motels, 23:660, 23:697
-Human consumption, 23:660
-Hydroelectric power, 23:662
-Hydromechanical power, 23:662
-Incidental, changes in use or point of diversion,
23:798
-Industrial, 23:665, 23:723
-Instream beneficial use assessment, 23:709
-Irrigation. 23:661. 23:719
-Lawn care, 23:660, 23:661, 23:697
-Livestock, 23:669, 23:697
-Mines and mining, 23:664, 23:721
-Motels, 23:660, 23:697
-Municipal, 23:663, 23:718
-Nonconsumptive, defined, 23:686
-Partial season, application approval, 23:700
-Place of, 23:688, 23:690
-Power, 23:662
-Power plants
— Additions to existing permits or licenses, 23:730
— Changes in use or point of diversion, 23:799
— Map requirements for application, 23:720
-Reasonably necessary
—Defined, 23:696
— Examples of, 23:697
-Reclaimed, special consideration, 23:855
-Recreation, 23:668
-Relationship between applicant and user, 23:732
-Resorts, 23:660
-Reused, special consideration for, 23:855
-Sanitary, 23:660
-Stockwatering, 23:669
WATER APPROPRIATION-(Y;/;/;/u/ea'
Uses-continued
-Stockwateri ng-con tinued
— Reasonably necessary amounts, examples of,
23:697
-Underground storage, application, 23:722, 23:733
-Unreasonable, 23:855-23:860
-Waste, 23:855-23:860
— Alternative procedures, 23:860
— Definition, 23:855
— Determination of, 23:855
—Hearings, 23:857
— Investigations, 23:855
—Noncompliance, 23:857, 23:858, 23:859
— Notifications, 23:857
—Policy, 23:855
— Reclaimed and reused, special consideration,
23:855
— Termination, reasonable curing time allowed,
23:857
-Waste discharge requirements, environmental
impact, 23:3740-23:3742
-Water quality, 23:670
-Wildlife preservation and enhancement, 23:666
Waste, prevention of, 23:855-23:860
See also Uses, this heading
Water rights
See WATER RIGHTS
WATER CONSERVATION
Financial assistance
See WATER RESOURCES DEPARTMENT
Landscaping, water-efficient, model ordinance,
23:490-23:495
See also LANDSCAPING
Prevention of waste of water, 23:855-23:860,
23:4000-23:4007
See also WATER RESOURCES CONTROL
BOARD, subheading: Waste prevention
Wastewater treatment and reclamation
See WASTEWATER AND WASTEWATER
TREATMENT
WATER CONSERVATION AND WATER QUAL-
ITY BOND LAW OF 1986
See generally WATER RESOURCES CONTROL
BOARD
WATER CONSERVATION BOND LAW OF 1988
See generally WATER RESOURCES CONTROL
BOARD
WATERCOURSES
See RIVERS AND STREAMS
WATERCRAFT
See BOATS AND BOATING
WATER EXTRACTIONS AND DIVERSIONS
See WATER RESOURCES CONTROL BOARD
WATER POLLUTION AND CONTROL
Certification of projects, 23:3862-23:3864
See also generally REGIONAL WATER QUAL-
ITY CONTROL BOARDS, subheading: Cer-
tifications
Environmental Quality Act, implementation
See REGIONAL WATER QUALITY CONTROL
BOARDS; WATER RESOURCES DEPART-
MENT
Financial assistance
See WATER RESOURCES DEPARTMENT
Ground water
See generally GROUND WATER
Hazardous wastes
See generally HAZARDOUS WASTES
Listing requirements of Clean Water Act Section
303(d), compliance, policy, 23:2916
Newport Bay, fecal cohform bacteria, maximum
daily load, 23:3975
Nonpoint source pollution control policy, 23:2915
Quality control plans
-Ocean plan, amendments, 23:3003-23:3005
-San Francisco/Sacramento-San Joaquin Delta
Estuary, revised plan, 23:3002
-Santa Monica Bay Beaches, 23:3938, 23:3939
-Summary of water quality enforcement regula-
tions, 23:2910
16 WATER POLLUTION AND CONTROL
CALIFORNIA CODE OF RE(3ULATI0NS
WATER POLLUTION AND COmROL-coiitimied
Regional water quality control boards
See REGIONAL WATER QUALITY CONTROL
BOARDS
Summary of water quality enforcement regulations,
23:2910
Toxic hot spot cleanup plans, 23:2913
Toxics standards for inland surface waters,
enclosed bays, and estuaries, 23:2914,
23:2914.5, 23:2917
Underground fuel storage tank upgrade require-
ments
See UNDERGROUND STORAGE TANKS, sub-
heading: Upgrades
Waste management
See iieneruUy WASTE MANAGEMENT
Water quality monitoiing
See WASTE MANAGEMENT
WATER QUALITY
See generally WATER POLLUTION AND CON-
TROL
Financial assistance
See WATER RESOURCES DEPARTMENT
Monitoring
See WASTE MANAGEMENT
Regional water quality control boards and plans
See REGIONAL WATER QUALITY CONTROL
BOARDS
WATER RECLAMATION
See WASTEWATER AND WASTEWATER
TREATMENT
Board
See RECLAMATION BOARD
Flood plain manaeement
See FLOOD PLAIN MANAGEMENT
WATER RESOURCES CONTROL BOARD
Adjudicative proceedings, 23:648-23:648.8
-Alternative dispute resolution, 23:648.6
-Enforcement orders and sanctions, 23:648.8
-Evidence, 23:648.3, 23:648.5.1
-Exhibits, 23:648.4
-Informal hearings, 23:648.7
-Laws governing, 23:648
-Notice, 23:648.2
-Order of proceedings, 23:648.5
-Sanctions and enforcement orders, 23:648.8
-Testimony, 23:648.4
-Witnesses, 23:648.4
Alternative dispute resolution, 23:648.6
Appropriation of water
See WATER APPROPRIATION
Board members
-Conflict of interest, 23:644-23:644.6
See also Conflict of interest, this heading
-Employment statement, 23:644.6
-Income
—Defined, 23:644.4, 23:644.5
— Significant portion of, 23:644.2
-Membership, defined, 23:644
Certifications
See REGIONAL WATER QUALITY CONTROL
BOARDS
Conflict of interest, 23:644-23:644.6
-Applicant, defined, 23:644.3
-Employment statement of board member,
23:644.6
-Income
—Defined, 23:644.4, 23:644.5
— Significant portion of, 23:644.2
-Persons subject to requirements, defined, 23:644.3
-Regional Water Quality Control Board, 23:644.1
-State board, 23:644
Definitions, 23:640
-Conflict of interest, 23:644.3-22:644.5
-Fees, 23:1061
-Income, 23:644.4, 23:644.5
-Project contracts with architects, landscape archi-
tects, engineers, etc., 23:3870
-Rulemaking proceedings, 23:649
-Waste prevention, 23:4000
Diversions of water
See Extractions and diversions of water, this head-
ing
WATER RESOURCES CONTROL
BOARD-ro/;r//u/^^
Electronic submission of information,
23:3890-23:3895
-Alternate forms of reports, submittal, 23:3895
-Applicability of rules, 23:3890
-Definitions, 23:3891
-Intent of rules, 23:3890
-Reports subject to, 23:3892
-Submissions. 23:3893
-Timing of requireinents, 23:3894
Environmental Quality Act of California (CEQA),
implementation. 23:3720-23:3782
See also REGIONAL WATER QUALITY CON-
TROL BOARDS
Extractions and diversions of water
-Fees, 23:1010-23:1012
-Investigation. 23:1020-23:1024
— Hearing, 23:1022
—Notice of, 23:1020
— Procedures, 23:1023
— Service of proposed findings, 23:1021
— Time, shortening of, 23:1024
-Notices, 23:1000-23:1002. 23:1010-23:1012
—Contents, 23:1002
—Filing fees, 23:1010, 23:1011, 23:1070
—Forms, 23:1000
— Investigation charges, 23:1012, 23:1020
— Separatee, 23:1001
Fees, 23:1061-23:1078
-Administration of, 23:1074
-Allocation of, 23:1073
-Cancellation for nonpayment, 23:1076
-Collection of, 23:1075
-Definitions, 23:1061
-Hydroelectric projects, 23:1071
-Joint and several liability for, 23:1072
-Objection to determination of, 23:1078
-Permits or licenses, 23:1066
-Petitions or requests, 23:1064, 23:1065
-Reconsideration petition, 23:1077
-Waste discharge requirements, 23:2200-23:2200.6
-Water appropriation application, 23:676
-Water extractions and diversions,
23:1010-23:1012
-Water leases, 23:1067
-Water rights applications. 23:1062, 23:1063
Hazardous waste discharge, regulation
See WASTE MANAGEMENT
Hearings, evidentiary
See Adjudicative proceedings, this heading
Informational proceedings, 23:649-23:649.5
See also generally Rulemaking proceedings, this
heading
Meetings, 23:647-23:647.5
-Agenda requirements, 23:647.2
-Emergency conditions, 23:647.2
-Minutes, 23:647.5
-Notice requirements, 23:647.2
-Public comments, 23:647.3
-Recording, 23:647.4
-Regulation of, purpose, 23:647
-Scheduling, 23:647.1
Notice
-Adjudicative proceedings, 23:648.2
-Extractions and diversions of water,
23:1000-23:1002
—Fees, 23:1010-23:1012
— Investigation, 23:1020
-Informational proceedings, 23:649.2
-Meetings, 23:647.2
-Project contracts with architects, landscape archi-
tects, engineers, etc., 23:3872
-Regional water quality control boards, review of
action, 23:2055
-Right to petition for review of regional board
actions, 23:2068
-Water appropriation
— Changes in ownership, 23:831
— Changes in use or point of diversion, 23:795,
23:801, 23:804, 23:806, 23:814
— License revocation hearings, 23:851
— Permit extensions, petitions and protests, 23:843
-Water extractions and diversions,
23:1000-23:1002
WATER RESOURCES CONTROL
BOARD-fon//«i/er/
Order of proceedings, 23:648.5
Orders
-Reconsideration, 23:768
— Board action regarding, 23:770
— Hearings, procedure related to, 23:771
— Petition for, 23:769
-Water rights, regarding, reconsideration and
amendmentr 23:768-23:771
Petitions
-Water rights, determination, 23:945
Pollution control certifications
See REGIONAL WATER QUALITY CONTROL
BOARDS, subheading: Certifications
Project contracts with architects, landscape archi-
tects, engineers, etc., 23:3870-23:3880
-Amendment of contract, 23:3877
-Application of chapter, 23:3880
-Conflict of interest, 23:3879
-Criteria, 23:3871
-Definitions, 23:3870
-Disabled veteran enterprises participation, 23:3876
-Estimate of project, 23:3874
-Negotiation for contract, 23:3875
-Notice of proposed project, 23:3872.
-Partial contracting, 23:3878
-Selection of qualified firms, 23:3873
-Unlawful consideration for contract, 23:3879
Purpose of regulations, 23:641
Quality control plans
-Ocean plan, amendments, 23:3003-23:3005
-San Francisco/Sacramento-San Joaquin Delta
Estuary, revised plan, 23:3002
Recordkeeping requirements
-Extractions and diversions of water
—Notices, 23:1000-23:1002
-Meetings, 23:647.4
-Regional board hearings reviewed, 23:2064
Regional water quality control boards, review of
action by, 23:2050-23:2068
-Action by state board, 23:2052
-Consolidation of proceedings, 23:2C64
-Formal disposition, 23:2067
-Informal disposition, 23:2065
-Notice of review, 23:2055
-Petition for, 23:2050-23:2051
— Completeness, 23:2050.5
—Contents, 23:2050
— Defective, 23:2051
— Notice of right to, 23:2068
— Responses, 23:2050.5
— Supplemental evidence, 23:2050.6
— Time limits, 23:2050.5
-Record of regional board hearing reviewed,
23:2064
-Septic tank prohibitions, 23:2059.1
-Stay orders, 23:2053
-Workshop meeting discussion, 23:2366
Reporting requirements
-Electronic submission of information,
23:3890-23:3895
-Hazardous wastes or substances discharged into
waters, 23:2251
-Sewage discharge into waters, repoilable quantity,
23:2250
-Waste discharge into waters, 23:2250, 23:2260
-Waste discharge to land, 23:2590
Reservoir, construction of; water rights statement
necessary, 23:303
Rulemaking proceedings, 23:649-23:649.5
-Defined, 23:649
-Evidence, preparation, 23:649.4
-Notice of procedure, 23:649.2
-Order of procedure, 23:649.3
-Questioning, 23:649.5
-Scope, 23:649
-Subpoenas, 23:649.6
Septic tank prohibitions
-Review of regional water quality control board
action, 23:2059.1
Sewage removal from vessels
See WASTE MANAGEMENT, suhheading: Sew-
age removal from vessels
TITLE 23 INDEX
YUBA RIVER
17
WATER RESOURCES CONTROL
BOABD-contimied
Subpoenas, 23:649.6
Tax certifications
See REGIONAL WATER QUALITY CONTROL
BOARDS, subheading: Certifications
Temporary urgency changes, 23:805. 23:806
Underground storaae tank regulations
See UNDERGROUND STORAGE TANKS
Waste discharge, regulation
See WASTE MANAGEMENT
Waste management units
See WASTE MANAGEMENT, subheading:
Waste management units
Waste prevention, 23:4000-23:4007
-Definitions, 23:4000
-Hearings, 23:4004
-Independent authority, 23:4007
-Investigations, 23:4001, 23:4003
-Noncompliance enforcement provisions, 23:4005,
23:4006
-Notifications, 23:4002
-Responses, 23:4002
Water quality certifications
See REGIONAL WATER QUALITY CONTROL
BOARDS, subheading: Certifications
Water quality monitoring
See WASTE MANAGEMENT, subheading:
Water quality monitoring
Water rights
See WATER RIGHTS
WATER RESOURCES DEPARTMENT
California safe drinking water bond law of 1976
See Grants, this heading
California safe drinking water bond law of 1984
See Grants, this heading
Conflict of interest, 23:595, 23:595 Appx.
Dams and reservoirs
See RESERVOIRS
Definitions
-Electric power revenue determination, 23:511
-Environmental Quality Act of California, imple-
mentation of, 23:502
-Environmental Water Act of 1989, 23:449.1
-Local project construction loans and grants,
23:400
-Safe drinking water bond law of 1976, 23:455
-Safe drinking water bond law of 1984, 23:476
-Urban creeks program, 23:451.1
-Water conservation and water quality bond loans,
23:450.1
Director
-Relocation plans, approval of, 23:370.01
Electric power revenue determination,
23:510-23:517
-Applicability, 23:510
-Confidential information, 23:514
-Definitions, 23:511
-Determination, 23:516
-Just and reasonable standard, 23:517
-Notice
— Opportunity to submit comments, 23:512
— Significant additional material relied upon,
23:513
-Submission of comments, 23:515
Environmental Quality Act of California, imple-
mentation provisions, 23:500-23:504
-Authority, 23:500
-Definitions, 23:502
-Exempt activities, 23:504
-Fees, 23:503
-Incorporation of state CEQA guideUnes, 23:501
-Purpose, 23:500
Environmental Water Act of 1989,
23:449.1-23:449.11
-Application process, 23:449.3
-Definitions, 23:449.1
-Environmental enhancement component, 23:449.5
-Evaluation process. 23:449.7-23:449.11
-Funding, 23:449.2
-Mono Lake Basin provisions, 23:449.4
-Water quality program, 23:449.6
Financial assistance
See Grants, this heading; Loans, this heading
WATER RESOURCES DBPAmMENT-inntimied
Flood control study hearines by corps of ensineers
-Notice to. 23:213
Flood plain management, regulation of
See FLOOD PLAIN MANAGEMENT
Grants
-Local projects
See Local project construction loans and grants,
this heading
-Safe drinking water bond law of 1976,
23:455-23:475
— Administrative fee, 23:457
—Applications, 23:456, 23:461-23:464, 23:471,
23:474
— Contract provisions, 23:470
— Definitions, 23:455
— EHgibility, 23:460, 23:475
— Environmental fee, 23:458
— Feasibility meeting, 23:472
— Fees, 23:456-23:58
— Financing ability, determination of, 23:459
— Health department approval, 23:468, 23:469
— Legislative report, 23:474
— Priority list. 23:465, 23:466, 23:467. 23:473
-Safe drinking water bond law of 1984,
23:476-23:489.2
— Administrative fee, 23:478
— AppHcations, 23:477, 23:483, 23:484, 23:485,
23:487
— Certification of completion, 23:489.2
— Contract provisions, 23:488
— Definitions, 23:476
—Eligibility, 23:486
— Feasibility meeting, 23:489
— Plans and specifications, 23:489.1
—Priority classes, 23:481, 23:482
— Priority list, 23:480
— Suppliers' share of cost, 23:479
-Urban creeks program, 23:451.1-23:451.6
— AppHcations, 23:451.4
— Contract requirements, 23:451.6
—Definitions, 23:451.1
— Priority, 23:451.5
— Purpose of program. 23:451.2
— Types of projects, 23:451.3
Loans
-Feasibility report, 23:435-23:437, 23:436
-Water conservation and water quality bond loans
See Water conservation and water quality bond
loans, this heading
Local project construction loans and grants,
23:400-23:445
-Applications, 23:420-23:427
— Department data, 23:423
— Feasibility report, contents, 23:421
—Form, 23:420
— Notice to applicants, 23:426
— Omissions, 23:422
— Reporting requirements, 23:424
— Review, 23:424
— State participation, 23:427
— State water commission, submission require-
ments, 23:424
-Approval, 23:431
-Contract, 23:431
-Definitions, 23:400
-Department data, 23:423
-Eligibility, 23:411-23:416
-Facility grant application, 23:420.1
-Filing fees, 23:407
-Purpose of regulations, 23:405
-Recreational activities, 23:445
-Water rights, 23:432
Noncompliance by public agency, notification,
23:216
Recordkeeping
-Access to, 23:202
Reservoirs, regulation of
See RESERVOIRS
Safe drinking water bond laws
See Grants, this heading
State contract participation goals for minority- and
women-owned businesses, 23:392-23:394
Unreasonable use or diversion of water
See WATER RESOURCES CONTROL BOARD,
subheading: Waste prevention
WATER RESOURCES DEPARTMENT-(vmm;//(Y/
Urban Creeks Restoration and Flood Control Act
of 1985
See Grants, this heading
Waste prevention
See WATER RESOURCES CONTROL BOARD,
subheading: Waste prevention
Water conservation and water quality bond loans,
23:450.1-23:450.8
-Applications
— Construction loans, 23:450.2
— Local project loans, 23:450.4
-Certificate of completion, 23:450.8, 23:450.9
-Contract requirements, 23:450.6
-Debt provisions, 23:450.7
-Definitions, 23:450.1
-Feasibility studies, 23:450.3
-Plans and specifications, final, 23:450.8
-Priority list. 23:450.5
-Public meetings, 23:450.7
Yuba Feather Flood Protection Program,
23:499.1-23:499.8
WATER RIGHTS, 23:940-23:951
Application fees, 23:1062, 23:1063
Claims, 23:947-23:951
-Objections, 23:949
-Proof of, filing fee. 23:1069
-Signature, 23:948
Definitions, 23:940
Fees. 23:1062-23:1066
Hearings, 23:950
-Stockponds, claims, 23:901
Inspection of records, 23:951
Petition, 23:945
Public interest and necessity, 23:946
Stockponds, 23:880-23:906
See also STOCKPONDS
Water Resources Control Board orders, reconsider-
ation, 23:768-23:771
WATER STORAGE, 23:658
See also RESERVOIRS
WATER TREATMENT FACILITIES
Tax certifications, 23:3841-23:3845
See also REGIONAL WATER QUALITY CON-
TROL BOARDS, subheading: Certifications
WETLANDS
San Francisco Bay Region
-Urban runoff pollution control, 23:3911
-Urban runoff pollution control, use of constructed
wedands for, 23:3911
-Wastewater used for creation of, 23:3910
WILD AND SCENIC RIVERS SYSTEM, STATE
Water appropriation, applications, 23:734
WILD ANIMALS
Water appropriation, 23:666
WILDERNESS AREAS
Water appropriation, 23:666
WILDLIFE AREAS
Water appropriation, 23:666
WOMEN-OWNED BUSINESSES
Water Resources Department contracts,
23:392-23:394
YOLO BYPASS FLOOD PLAIN STANDARDS,
23:136
YUBA RIVER
Flood plain standards, 23:1 17, 23:1 17 Graph 8.1,
23:134, 23:134 Fig. 8.11
Flood protection program, 23:499.1-23:499.8
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